HomeMy WebLinkAboutExhibit AEXHIBIT(S)
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, FL 32308
AWARD AGREEMENT
Recipient: City of Miami
Recipient SAM UEI: KJT5RFPMWTK5
Award Number: 8C236
Award Period: 01/01/2023 — 09/30/2023
Award Title: C-8C236: SAFETY AND TECHNOLOGY EQUIPMENT
Federal Funds: $34,749.00
Matching Funds: $0.00
CFDA: 16.738
Federal Award Number: 15PBJA-21-GG-00241-MUMU
Federal Program: Edward Byrne Memorial Justice Assistance Grant (JAG)
Federal Awarding Agency: U.S. Department of Justice (USDOJ)
Pass -through Entity: Florida Department of Law Enforcement (FDLE)
Research & Development: No
Indirect Cost:No
An award agreement is entered into by and between the Florida Department of Law Enforcement (herein
referred to as "FDLE" or "Department') and the City of Miami (herein referred to as "Recipient');
WHEREAS, the Department has the authority pursuant to Florida law and does hereby agree to provide federal
financial assistance to the Recipient in accordance with the terms and conditions set forth in the award
agreement, and
WHEREAS, the Department has available funds resulting from the federal award listed above, and
WHEREAS, the Recipient and the Department have each affirmed they have read and understood the
agreement in its entirety and the Recipient has provided an executed agreement to the Department.
SCHEDULE OF APPENDICES
Appendix A — Scope of Work
Appendix B — Deliverables
Appendix C — Approved Budget
Appendix D — Award Contacts
Appendix E — Special Conditions
Appendix F — Standard Conditions
PERFORMANCE REPORTING
The Recipient shall provide Quarterly Performance Reports to the Department attesting to the progress
towards deliverables. Performance Reports are due no later than 15 days after the end of each reporting period.
For example: If the monthly reporting period is July 1-31, the Performance Report is due August 151h; if the
quarterly reporting period is January 1 — March 31, the Performance Report is due by April 15tn
The Recipient shall respond to the metrics in the electronic grant management system. Information provided
by the Recipient will be used by the Department to compile reports on project progress and metrics to the U.S.
Department of Justice.
Supporting documentation for performance must be maintained by Recipient and made available upon request
for monitoring purposes. Examples of supporting documentation include but are not limited to timesheets,
activity reports, meeting notices, delivery documents, public announcements, rosters, presentations, database
statistics, etc.
Failure to submit performance reports by the deadline will result in a withholding of funds until performance
reports are received.
FINANCIAL REPORTING
The State of Florida's performance and obligation to pay under this agreement is contingent upon an
appropriation by the Legislature. The Department will administer and disburse funds under this agreement in
accordance with ss. 215.97, 215.971, 215.981 and 215.985, F.S.
This is a cost reimbursement agreement. The Department will reimburse the Recipient for allowable
expenditures included in the approved budget (Appendix B) incurred during each reporting period. The
Recipient shall provide Quarterly Payment Requests to the Department attesting to expenditures made during
the reporting period. These reports are due no later than 30 days after the end of each reporting period. For
example: If the monthly reporting period is July 1-31, the Payment Request is due August 30"; if the quarterly
reporting period is January 1 — March 31, the Payment Request is due by April 30tn
Using the electronic grant management system to record expenses, Payment Requests must clearly identify
the dates of services, a description of the specific contract deliverables provided during the reporting period,
the quantity provided, and the payment amount. All Payment Requests are reviewed and may be audited to the
satisfaction of the Department. The Department's determination of acceptable expenditures shall be conclusive.
The final Payment Request shall be submitted to the Department no more than 60 days after the end date of
the award. Any payment due under the terms of this agreement may be withheld until performance of services,
all reports due are received, and necessary adjustments have been approved by the Department.
The Recipient must maintain original supporting documentation for all funds expended and received under this
agreement in sufficient detail for proper pre- and post -audit and to verify work performed was in accordance
with the deliverable(s). Payment shall be contingent upon the Department's grant manager receiving and
accepting the invoice and the associated supporting documentation. Supporting documentation includes, but is
not limited to: quotes, procurement documents, purchase orders, original receipts, invoices, canceled checks
or EFT records, bank statements, etc. The state's Chief Financial Officer (CFO) reserves the right to require
further documentation on an as needed basis.
Failure to comply with these provisions shall result in forfeiture of reimbursement.
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Award Signatures
In witness whereof, the parties affirm they each have read and agree to the conditions set forth in Appendix C
and Appendix D of this agreement, have read and understand the agreement in its entirety and have executed
this agreement by their duly authorized officers on the date, month and year set out below.
Award ID: 8C236
Award Title: C-8C236: SAFETY AND TECHNOLOGY EQUIPMENT
Award Period: 01/01/2023 — 09/30/2023
Florida Department of Law Enforcement
Office of Criminal Justice Grants
Signature:
Typed Name and Title: Cody Menacof, Bureau Chief
Date:
Recipient
City of Miami
Signature. -
Typed Name and Title: Francis Suarez, Mayor
Date:
*** If using a designee, sign in the "Chief Official Designee" section below. ***
Signature:
Printed Name and Title:
Date:
Chief Official Designee (optional)
City of Miami
THIS AWARD IS NOT VALID UNTIL SIGNED AND DATED BY ALL REQUIRED PARTIES
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Appendix A - Scope of Work
Award Number: 8C236
Recipient: City of Miami
Award Title: C-8C236: SAFETY AND TECHNOLOGY EQUIPMENT
Award Period: 01/01/2023 - 09/30/2023
Problem Identification
The City of Miami's Police Department (MPD) recently moved from UCR reporting to the FIBRS and
NIBRS data reporting system. The current technology hardware equipment no longer meets the State and
Federal Security and reporting requirements; hence they are no longer usable for crime -fighting. The
upgrade in technology is a priority because having modern computer equipment is a necessary tool for
officers to perform their daily assignments and assist in the fight against crime. Presently, some of the
computers are being upgraded, but with the change in technology and the addition of new officers to the
force, we need additional upgraded laptops.
Additionally, conducting interviews is a core task of law enforcement. MPD's six interview rooms are
furnished with old, dilapidated furniture whose original use was intended for an office, not police interviews.
Chairs are not properly secured and have become a weapon of opportunity for suspects with an intent to
harm. The new tables and chairs with floor mounting features and kick guards will increase the safety of
detectives conducting interviews for open cases and reduce the probability of an interviewee/suspect
fleeing the interview room. The setup of the interview rooms has been an issue from inception, therefore,
properly installed equipment will address the safety issue.
This project aligns with Category 1 Law Enforcement, Subcategory Equipment as well as Priority 6
Technology Upgrades. The laptops will be used for crime reporting and police management activities and
the tables and chairs will assist with a safer interview process, a vital function of investigations and case -
solving.
Scope of Work
Upon funding, the City of Miami Police Department will purchase laptops and table and chair sets. The
equipment will be inventoried. The laptops will be distributed to the officers in need of new equipment and
the tables and chairs will be installed in the six interview rooms. The implementation of the laptops will
allow officers to work on their daily assignments, as well as communicate, disburse police reports, enter
crime statistics in response to requests from the public and city government, map criminal activities in the
City of Miami and various other functions. The table and chair sets will provide additional officer and civilian
safety and improve the ability of detectives and police to conduct interviews with detainees, witnesses, and
suspects.
The City of Miami residents and City of Miami Police Department personnel will benefit from the identified
tasks, activities, and outcomes. Deliverables will be completed in accordance with the contractual
agreement(s) between the City of Miami and their vendor and/or provider. Minimum performance required
for drawdown of funds includes the completion of at least one activity described above as attested to on
the financial expenditure report. All activities discussed in the scope of work or project deliverables are for
the equipment to be purchased for this project. Documentation to be provided to OCJG for payment
requests include, but are not limited to procurement records (including quotes, competitive solicitation/bids,
etc.), purchase orders, packing slips, delivery/receivable documents, invoices, and proof of payment, etc.
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Appendix B - Deliverables
Award Number: 8C236
Recipient: City of Miami
Award Title: C-8C236: SAFETY AND TECHNOLOGY EQUIPMENT
Award Period: 01/01/2023 - 09/30/2023
Total payments for all deliverables will not exceed the maximum grant award amount.
Deliverable 1 Recipient will use federal grant funds to procure laptops.
Minimum Performance Criteria: Performance will be the procurement and receipt of goods/services
purchased.
Financial Consequences: This is a cost reimbursement deliverable. Only those items purchased and
received will be eligible for payment.
Deliverable Price: Total payments for this deliverable will be approximately $22,149.00
Deliverable 2 Recipient will use federal grant funds to procure steel table and chair sets.
Minimum Performance Criteria: Performance will be the procurement and receipt of goods/services
purchased.
Financial Consequences: This is a cost reimbursement deliverable. Only those items purchased and
received will be eligible for payment.
Deliverable Price: Total payments for this deliverable will be approximately $12,600.00
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Appendix C - Approved Budget
Award Number: 8C236
Recipient: City of Miami
Award Title: C-8C236: SAFETY AND TECHNOLOGY EQUIPMENT
Award Period: 01/01/2023-09/30/2023
Award Amount: $34,749.00 $0.00 $34,749.00
Grant Funded Match Total
Standard Budget Terms
All items, quantities, and/or prices below are estimates based on the information available at the time of
application.
The item(s) listed below may include additional individually priced, operationally necessary accessories,
components, and/or peripherals and may be categorized as a "kit', "bundle", "system" etc.
Award funds may be used to pay for any applicable shipping, freight, and/or installation costs.
Award funds will NOT be used to pay for extended warranties, service agreements, contracts, etc.,
covering any periods that extend beyond the award end date. Funds may be prorated for services within
the award period.
Any costs that exceed the award allocation will be the responsibility of the Recipient.
D. Equipment
Item Name Description
Grant Match Total
Funded
Laptops 9 Laptops x $2,461 each = $22,149
$22,149.00 $0.00 $22,149.00
Laptops will be adaptable to MPD police
cars. Laptops will have the
technology required for FIBRS and NIBRS
reporting.
At time of purchase, MPD will cover the
additional cost over the allocated amount.
Steel table and chair 6 steel table and chair sets x $2,100 each =
$12,600.00 $0.00 $12,600.00
sets $12,600
Each Table is 30x30x40 inch in 304
stainless steel with adjustable bolt down
legs. Includes kickplate. Chairs are
equipped with holes on the chair frame
base for securely mounting to the interview
chair to the floor.
D. Equipment Subtotal: $34,749.00
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Appendix D: Award Contacts
Award Number: 8C236
Recipient: City of Miami
Award Title: C-8C236: SAFETY AND TECHNOLOGY EQUIPMENT
Award Period: 01/01/2023 - 09/30/2023
Recipient Grant Manager (GM)
Name: Angie Luan
Title: Sr. Budget and Financial Support Advisor
Address:400 NW 2nd Avenue
4th Floor
Miami, FL 33128-1706
Phone: 305-603-6195
Email: 43827@miami-police.org
Recipient Chief Official (CO)
Name: Francis Suarez
Title: Mayor
Address: 3500 Pan American Drive
Miami, FL 33133-5504
Phone: 305-250-5300
Email: fsuarez@miamigov.com
Recipient Chief Financial Officer (CFO)
Name: Larry Spring
Title: Chief Financial Officer/Assistant City Manager
Address:
Miami, FL 33130-1910
Phone: 305-416-1009
Email: Ispring@miamigov.com
Recipient Additional Point of Contact (POC)
Name: Jorge Blanco
Title: Budget and Finance Manager
Phone: 305-603-6198
Email: 43473@miami-police.org
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Appendix E: Special Conditions
Award Number: 8C236
Recipient: City of Miami
Award Title: C-8C236: SAFETY AND TECHNOLOGY
EQUIPMENT
Award Period: 01/01/2023 - 09/30/2023
In addition to the attached standard conditions, the above -referenced grant project is subject to the
special conditions set forth below.
S0001 During application review, it was noted the recipient's SAM.gov registration will be
expiring within the next 60 days. In order to prevent delays in payment, the
recipient should renew their registration in SAM.gov prior to March 30, 2023.
S0002 This project requests federal grant funding for a law enforcement or criminal
justice technology related project and may be subject to review and approval by
the State Information Technology (IT) Point -of -Contact. By utilizing funds for this
project, the recipient agrees to conform to all state and national standards for
technology and information sharing systems that connect to, and/or interface with
state and national system, and/or reside on the state Criminal Justice Network
(CJNet). These standards include, but are not limited to, the FBI CJIS security
policy and any rules, regulations or guidance enacted by the Criminal and Juvenile
Justice Information System (CJJIS) Council under 943.06, F.S.
M0003 The recipient's procurement policy does not appear to comply with all federal
procurement requirements outlined in the Office of Management and Budget
(OMB) Uniform Requirements, 2 CFR 200.318-320. Please see Subaward
Management Questionnaire (SMQ) section VIII. All award procurements must
comply with the standards identified in OMB's Uniform Requirements and
documentation must be maintained and provided to the Office of Criminal Justice
Grants at monitoring.
W0004 WITHHOLDING OF FUNDS: An incomplete Subward Management and
Compliance Questionnaire (SMQ) was provided at the time of application;
specifically page numbers were not provided for all "yes" responses in section VIII.
Prior to the drawdown of funds, a completed SMQ must be submitted to the Office
of Criminal Justice Grants.
M0005 At the time of application, the recipient had not submitted a current EEO Plan
(Utilization Report) to the Office of Criminal Justice Grants. The recipient must
provide an EEO Plan to the Office of Criminal Justice Grants at monitoring.
M0006 At the time of application, the recipient had not submitted a current EEO Plan
Approval Letter to the Office of Criminal Justice Grants. The recipient must submit
an EEO Plan Approval Letter to the Office of Criminal Justice Grants at monitoring.
W0007 WITHHOLDING OF FUNDS: This project requests funding for telecommunications
and/or video surveillance equipment. Prior to the drawdown of funds for such
equipment, the recipient must provide documentation that the manufacturer and
vendor are not on the Excluded Parties List in SAM.gov to the Office of Criminal
Justice Grants.
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Appendix F — FY2021 Award Standard Conditions
The Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants (OCJG) serves as the State
Administering Agency (SAA) for various federal award programs awarded through the U.S. Department of Justice (DOJ),
Office of Justice Programs (OJP). FDLE has been assigned as the certified Fiscal Agent for the 2021 Project Safe
Neighborhoods awards by the U.S. Attorney. OCJG awards funds to eligible applicants, and requires compliance with the
agreement and Standard Conditions upon signed acceptance of the award.
The Department will only reimburse recipients for authorized activities specified in the agreement. Failure to comply with
provisions of this agreement, or failure to perform award activities as specified, will result in required corrective action
including but not limited to financial consequences, project costs being disallowed, withholding of federal funds and/or
termination of the project.
For NCHIP and NARIP Awards
Comprehensive Evaluation - In order to ensure that the National Criminal History Improvement Program (NCHIP) and the
NICS Act Record Improvement Program (NARIP) are realizing the objectives in the most productive manner, the recipient
agrees to participate in a comprehensive evaluation effort. It is anticipated that the evaluation will take place during the
course of the program and will likely involve each participating agency. It is expected that the evaluation will have a minimal
impact on an agency's program personnel and resources.
GENERAL REQUIREMENTS
All recipients must comply with the financial and administrative requirements set forth in the following:
Current edition of the U.S. Department of Justice (DOJ) Grants Financial Guide
https://oip.gov/financialguide/doi/pdfs/DOJ FinancialGuide.pdf
Office of Management and Budget (OMB) Uniform Grant Guidance (2 CFR Part 200)
Subpart A, Definitions
Subparts B-D, Administrative Requirements
Subpart E, Cost Principles
Subpart F, Audit Requirements and all applicable Appendices
Code of Federal Regulations: www.gpo.gov/fdsys/
2 C.F.R. §175.15(b), Award Term for Trafficking in Persons
28 C.F.R. §38, Equal Treatment for Faith -Based Organizations
28 C.F.R. § 66, U.S. Department of Justice Common Rule for State and Local Governments
28 C.F.R. § 83, Government -Wide Requirements for Drug -Free Workplace
28 C.F.R. §§ 18, 22, 23, 30, 35, 42, 61, and 63
U.S. Code:
Title 34, U.S. Code, Crime Control and Law Enforcement
Title 41, U.S. Code § 4712, Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information
Title 34, U.S. Code, § 10101 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
State of Florida General Records Schedule GS1-SL for State and Local Government Agencies:
https:Hfldoswebumbracoprod.blob.core.windows.net/media/703328/qsl-sl-2020.pdf and
http://dos.myflorida.com/media/698314/gs2-sl-2017-fiinal.pdf
State of Florida Statutes
Section 112.061, F.S., Per diem/travel expenses of public officers, employees, authorized persons
Chapter 119, F.S., Public Records
Section 215.34(2), F.S., State funds; non -collectible items; procedure
Section 215.97, F.S. Florida Single Audit Act
Section 215.971, F.S., Agreements funded with federal or state assistance
Section 215.985, F.S., Transparency in government spending
Section 216.181(6), F.S., Approved budgets for operations and fixed capital outlay
For NCHIP and NARIP:
FY2021 National Criminal History Improvement Program (NCHIP) guidance
(https://www.b's.gov/index.cfm?ty=tp&tid=47)
(https://b's.oap.gov/sites/q/files/xyckuh236/files/media/document/nchip2l sol.pdf)
FY2021 NICS Act Record Improvement Program (NARIP) guidance
(https://b's.o4p.gov/sites/g/files/xyckuh236/files/media/document/narip2l sol.pdf)
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DEFINITIONS
Award agreement means a legal instrument of financial assistance between a Federal awarding agency or pass -through
entity and a non -Federal entity that, consistent with 31 U.S.C. 6302, 6304, is used to enter into a relationship the principal
purpose of which is to transfer anything of value from the Federal awarding agency or pass -through entity to the non -Federal
entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire
property or services for the Federal awarding agency or pass -through entity's direct benefit or use; and is distinguished from
a cooperative agreement in that it does not provide for substantial involvement between the Federal awarding agency or
pass -through entity and the non -Federal entity in carrying out the activity contemplated by the Federal award.
Disallowed costs means those charges to a Federal award that the Federal awarding agency or pass -through entity
determines to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions
of the Federal award.
Equipment means tangible personal property (including information technology systems) having a useful life of more than
one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the
non -Federal entity for financial statement purposes, or $5,000. See also §§200.12 Capital assets, 200.20 Computing
devices, 200.48 General purpose equipment, 200.58 Information technology systems, 200.89 Special purpose equipment,
and 200.94 Supplies.
Fiscal Agent refers to the agency responsible for the administration of the PSN award programs. FDLE has been assigned
as the certified Fiscal Agent for PSN awards.
Improper payment means any payment that should not have been made or that was made in an incorrect amount (including
overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements.
Improper payment also includes any payment to an ineligible party, any payment for an ineligible good or service, any
duplicate payment, any payment for a good or service not received (except for such payments where authorized by law),
any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of
documentation prevents a reviewer from discerning whether a payment was proper.
Micro -purchase means a purchase of supplies or services using simplified acquisition procedures, the aggregate amount
of which does not exceed the micro -purchase threshold. The non -Federal entity uses such procedures in order to expedite
the completion of its lowest -dollar small purchase transactions and minimize the associated administrative burden and cost.
The micro -purchase threshold is set by the Federal Acquisition Regulation in 48 CFR Subpart 2.1 (Definitions). It is $10,000
except as otherwise discussed in Subpart 2.1 of that regulation, but this threshold is periodically adjusted for inflation.
Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies,
services, travel, and up to the first $25,000 of each award (regardless of the period of performance of the awards under the
award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission,
scholarships and fellowships, participant support costs and the portion of each award in excess of $25,000. Other items
may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval
of the cognizant agency for indirect costs.
Non -Federal entity is a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization
that carries out a Federal award as a recipient or subrecipient.
Non-federal pass -through entity is a non -Federal entity that provides an award to a recipient to carry out part of a Federal
program; the Florida Department of Law Enforcement (FDLE) is the non-federal pass -through entity for this agreement, also
referred to as the State Administering Agency (SAA).
Performance goal means a target level of performance expressed as a tangible, measurable objective, against which
actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate. In some
instances (e.g., discretionary research awards), this may be limited to the requirement to submit technical performance
reports (to be evaluated in accordance with agency policy).
Period of performance means the time during which the non -Federal entity may incur new obligations to carry out the work
authorized under the Federal award. The Federal awarding agency or pass -through entity must include start and end dates
of the period of performance in the Federal award (see §§200.211 Information contained in a Federal award paragraph
(b)(5) and 200.332 Requirements for pass -through entities, paragraph (a)(1)(iv)).
Protected Personally Identifiable Information (Pit) means an individual's first name or first initial and last name in
combination with any one or more of types of information, including, but not limited to social security numbers; passport
numbers; credit card numbers; clearances; bank numbers; biometrics; date and place of birth; mother's maiden name;
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criminal, medical, and financial records; and educational transcripts. This does not include PH that is required by law to be
disclosed. (See also § 200.79 Personally Identifiable Information (PII)).
Questioned cost means a cost that is questioned by the auditor because of an audit finding 1) that resulted from a violation
or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to
match Federal funds; 2) where the costs, at the time of the audit, are not supported by adequate documentation; or 3) where
the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances.
Simplified acquisition threshold means the dollar amount below which a non -Federal entity may purchase property or
services using small purchase methods. Non -Federal entities adopt small purchase procedures in order to expedite the
purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the
Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. § 1908. As of the
publication of this part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation.
(Also see definition of Micro -purchase, 2 C.F.R.§ 200.67).
Subaward is an award provided by a pass -through entity to a recipient for the recipient to carry out part of a Federal award
received by the pass -through entity. It does not include payments to a contractor or payments to an individual who is a
beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an
agreement that the pass -through entity considers a contract.
Recipient means a non -Federal entity that receives an award from a pass -through entity to carry out part of a Federal
program; but does not include an individual that is a beneficiary of such program.
Supplies means all tangible personal property other than those described in §200.33 Equipment. A computing device is a
supply if the acquisition cost is less than the lesser of the capitalization level established by the non -Federal entity for
financial statement purposes or $5,000, regardless of the length of its useful life. See also §§200.20 Computing devices
and 200.33 Equipment.
For PSN: Task Forces are established by each USAO to collaborate with a PSN team of federal, state, local, and tribal
(where applicable) law enforcement and other community members to implement a strategic plan for investigating,
prosecuting, and preventing violent crime.
SECTION I: TERMS AND CONDITIONS
1.0 Payment Contingent on Appropriation and Available Funds - The State of Florida's obligation to pay under this
agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the
State of Florida to reimburse recipients for incurred costs is subject to available federal funds.
2.0 Commencement of Project - If a project is not operational within 60 days of the original start date of the award
period or the date of award activation (whichever is later), the recipient must report by letter to the Department the
steps taken to initiate the project, the reasons for delay, and the expected start date.
If a project is not operational within 90 days of the original start date of the award period or the date of award activation
(whichever is later), the recipient must submit a second statement to the Department explaining the implementation
delay.
Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall,
at its discretion, unilaterally terminate this agreement and re -obligate award funds to other Department approved
projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project
past the ninety (90) day period, but only by formal written adjustment to this agreement.
3.0 Supplanting - The recipient agrees that funds received under this award will not be used to supplant state or local
funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made
available for award activities.
4.0 Non -Procurement, Debarment and Suspension - The recipient agrees to comply with Executive Order 12549,
Debarment and Suspension and 2 C.F.R. § 180, "OMB Guidelines To Agencies On Governmentwide Debarment
And Suspension (Non -procurement)". These procedures require the recipient to certify it shall not enter into any
lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily
excluded from participating in this covered transaction, unless authorized by the Department. If the award is
$100,000 or more, the sub recipient and implementing agency certify that they and their principals:
1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of
federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal
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department or agency;
2) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or
performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal
or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or
local) with commission of any of the offenses enumerated in paragraph (a)(ii) of the "Lobbying, Debarment and
Drug Free Workplace" certification; and
4) Have not within a three-year period preceding this application had one or more public transactions (federal, state,
or local) terminated for cause or default.
5.0 Federal Restrictions on Lobbying - In general, as a matter of federal law, federal funds may not be used by any
recipient or subrecipient at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. § 1913.
Another federal law generally prohibits federal funds from being used by any recipient or subrecipient at any tier, to
pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an
official or employee of any of them) with respect to the awarding of a federal award or cooperative agreement,
subaward, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any
such award. See 31 U.S.C. § 1352.
7.0 State Restrictions on Lobbying - In addition to the provisions contained above, the expenditure of funds for the
purpose of lobbying the legislature or a state agency is prohibited under this agreement.
8.0 Additional Restrictions on Lobbying - The recipient understands and agrees that it cannot use any federal funds,
either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of the Office of Justice Programs.
9.0 "Pay —to —Stay" - Funds from this award may not be used to operate a "pay -to -stay" program in any local jail.
Furthermore, no funds may be given to local jails that operate "pay -to -stay" programs. "Local jail', as referenced in
this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It
does not include juvenile detention centers. "Pay -to -stay" programs as referenced in this condition, means a program
by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate
population, may be provided, based upon an offender's apparent ability to pay, such that disparate conditions of
confinement are created for the same or similar offenders within a jurisdiction.
10.0 The Coastal Barrier Resources Act - The recipient will comply and assure the compliance of all contractors with
the provisions of the Coastal Barrier Resources Act (P.L. No. 97-348) dated October 18, 1982 (16 USC 3501 et seq.)
which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System.
11.0 Background Check - Whenever a background screening for employment or a background security check is required
by law for employment, unless otherwise provided by law, the provisions of § 435, F.S. shall apply.
All employees in positions designated by law as positions of trust or responsibility shall be required to undergo
security background investigations as a condition of employment and continued employment. For the purposes of
the subsection, security background investigations shall include, but not be limited to, employment history checks,
fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through
the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of
Investigation, and may include local criminal records checks through local law enforcement agencies.
Such background investigations shall be conducted at the expense of the employing agency or employee.
12.0 Confidentiality of Data - The recipient (or subrecipient at any tier) must comply with all confidentiality requirements
of 34 U.S.C. § 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information.
The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate in accordance with the
requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. Privacy Certification forms must be signed by
the recipient chief official or an individual with formal, written signature authority for the chief official.
13.0 Conferences and Inspection of Work - Conferences may be held at the request of any party to this agreement. At
any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State
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of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this
agreement.
14.0 Insurance for Real Property and Equipment - The recipient must, at a minimum, provide the equivalent insurance
coverage for real property and equipment acquired or improved with Federal funds as provided to property owned
by the non -Federal entity.
15.0 Flood Disaster Protection Act - The sub recipient will comply with Section 102(a) of the Flood Disaster Protection
Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where
such insurance is available as a condition of the receipt of any federal financial assistance for construction or
acquisition purposes for use in any area that has been identified as an area having special flood hazards.
16.0 General Appropriations Restrictions — The recipient must comply with all applicable restrictions on the use of
federal funds set out in federal appropriations statutes as set forth in the Consolidated Appropriations Act, 2018.
17.0 Immigration and Nationality Act - No public funds will intentionally be awarded to any contractor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C.
Section 1324(a), Section 274(A) of the Immigration and Nationality Act ("INA"). The Department shall consider the
employment by any contractor of unauthorized aliens a violation of Section 274(A) of the INA. Such violation by the
recipient of the employment provisions contained in Section 274(A) of the INA shall be grounds for unilateral
cancellation of this contract by the Department.
18.0 For NCHIP & NARIP: Enhancement of Security - If funds are used for enhancing security, the recipient must
1) Have an adequate process to assess the impact of any enhancement of a school security measure that is
undertaken on the incidence of crime in the geographic area where the enhancement is undertaken.
2) Conduct such an assessment with respect to each such enhancement; and submit to the Department the
aforementioned assessment in its Final Program Report.
19.0 Personally Identifiable Information Breaches — The recipient (or subrecipient at any tier) must have written
procedures in place to respond in the event of actual or imminent "breach" (OMB M-17-12) if it: 1) creates, collects,
uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (P11)"
within the scope of an OJP award -funded program or activity, or 2) uses or operates a "federal information system"
(OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent
breach of PII to FDLE's Office of Criminal Justice Grants for subsequent reporting to the OJP Program Manager no
later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
SECTION II: CIVIL RIGHTS REQUIREMENTS
1.0 Participant Notification of Non-discrimination FDLE does not discriminate on the basis of race, color, religion,
national origin, sex, disability or age in the delivery of services, benefits or in employment.
2.0 Title VI of the Civil Rights Act of 1964 - The recipient or subrecipient at any tier, must comply with all applicable
requirements of 28 CFR § 42, specifically including any applicable requirements in Subpart E that relate to an equal
employment opportunity program.
Equal Employment Opportunity Certification (EEOC) — The recipient must submit an EEO Certification annually
within 120 days of award.
Equal Employment Opportunity Program (EEOP) — The recipient and/or implementing agency must comply with
all applicable requirements in 28 C.F.R. §42, Subpart E.
Recipients are advised to use the Office for Civil Rights EEO Reporting Tool to satisfy this condition
(https://oip.gov/about/ocr/eeop.htm).
3.0 Title IX of the Education Amendments of 1972 If the recipient operates an education program or activity, the
recipient must comply with all applicable requirements of 28 C.F.R. § 54, "Nondiscrimination on the basis of sex in
education programs or activities receiving federal financial assistance."
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4.0 Partnerships with Faith -Based and other Neighborhood Organizations The recipient or subrecipient at any tier,
must comply with all applicable requirements of 28 C.F.R. § 38, "Partnerships with Faith -Based and other Neighborhood
Organizations", specifically including the provision for written notice to current or prospective program beneficiaries.
5.0 Americans with Disabilities Act - Recipients must comply with the requirements of the Americans with Disabilities
Act (ADA), Public Law 101-336, which prohibits discrimination on the basis of disability including provision to provide
reasonable accommodations.
6.0 Section 504 of the Rehabilitation Act of 1973 (28 C.F.R. § 42, Subpart G) - Recipients must comply with all
provisions prohibiting discrimination on the basis of disability in both employment and the delivery of services.
7.0 Age Discrimination Act of 1975 - Recipients must comply with all requirements in Subpart I of 28 C.F.R. §42 which
prohibits discrimination based on age in federally assisted programs.
8.0 Limited English Proficiency (LEP) - In accordance with Department of Justice Guidance pertaining to Title VI of the
Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to
provide meaningful access to their programs and activities for persons with LEP. FDLE strongly advises recipients to
have a written LEP Language Access Plan. For more information visit www.lep.gov.
9.0 Finding of Discrimination - In the event a federal or state court or federal or state administrative agency makes,
after a due process hearing, a finding of discrimination on the grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to FDLE and to the Office for Civil
Rights, Office of Justice Programs.
10.0 Filing a Complaint - If the recipient or any of its employees, contractors, vendors, or program beneficiaries has a
discrimination complaint, they may file a complaint with the recipient, with FDLE, or with the Office for Civil Rights.
Discrimination complaints may be submitted to FDLE at Office of the Inspector General, Post Office Box 1489,
Tallahassee, Florida 32302-1489, or online at info fdle.state.fl.us. Any discrimination complaints filed with FDLE will
be reviewed by FDLE's Inspector General and referred to the Office for Civil Rights, the Florida Commission on Human
Relations, or the Equal Employment Opportunity Commission, based on the nature of the complaint.
Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S.
Department of Justice, 810 7'h Street, Northwest, Washington, D.C. 20531, or by phone at (202) 307-0690.
For additional information on procedures for filing discrimination complaints, please visit
https://www.fdle.state.fl.us/Grants/Contacts.
11.0 Retaliation - In accordance with federal civil rights laws, the recipient shall not retaliate against individuals for taking
action or participating in action to secure rights protected by these laws.
12.0 Non-discrimination Contract Requirements - Recipients must include comprehensive Civil Rights
nondiscrimination provisions in all contracts funded by the recipient.
13.0 Pass -through Requirements - Recipients are responsible for the compliance of contractors and other entities to
whom they pass -through funds including compliance with all Civil Rights requirements. These additional tier
subrecipients must be made aware that they may file a discrimination complaint with the recipient, with FDLE, or with
the USDOJ Office for Civil Rights and provided the contact information.
14.0 Civil Rights Training Requirements — In accordance with Office of Justice Programs (OJP) requirements, the grant
manager of the recipient entity responsible for managing awards from FDLE Office of Criminal Justice Grants, will
be required to complete a two part Civil Rights Training and maintain copies of the training certificates within their
award files to be provided upon request at monitoring.
SECTION III: FINANCIAL REQUIREMENTS AND RESPONSIBILTY
1.0 Fiscal Control and Fund Accounting Procedures - All expenditures and cost accounting of funds shall conform to
the DOJ Grants Financial Guide, the 28 C.F.R. § 66, and 2 C.F.R. § 200 as applicable, in their entirety.
Recipients are required to establish and maintain adequate accounting systems and financial records and to
accurately account for funds awarded to them. Financial management systems must be able to record and report on
the receipt, obligation, and expenditure of award funds. Systems must also be able to accommodate a fund and
account structure to separately track receipts, expenditures, assets, and liabilities for awards, programs, and
additional tiered subrecipients. The awarded funds may or may not be an interest -bearing account, but any earned
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interest must be accounted for as program income and used for program purposes before the federal award period
end date. Any unexpended interest remaining at the end of the federal award period must be refunded to the Office
of Criminal Justice Grants for transmittal to DOJ.
2.0 Match - The value or amount of any "non-federal share," "match," or cost -sharing contribution incorporated into the
approved budget is part of the "project cost" for purposes of the 2 C.F.R. § 200 Uniform Requirements, and is subject
to audit. In general, the rules and restrictions that apply to award funds from federal sources also apply to funds in
the approved budget that are provided as "match" or through "cost sharing."
SECTION IV: AWARD MANAGEMENT AND REPORTING REQUIREMENTS
1.0 Obligation of Funds - Award funds shall not be obligated prior to the start date, or subsequent to the end date, of
the award. Only project costs incurred on or after the effective date, and on or prior to the termination date of the
recipient's project are eligible for reimbursement.
2.0 Use of Funds — Federal funds may only be used for the purposes in the recipient's approved award agreement.
3.0 Advance Funding - Advance funding may be provided to a recipient upon a written request to the Department.
4.0 Performance Reporting - The recipient shall submit Monthly or Quarterly Project performance achievements and
performance questionnaires to the Department, within fifteen (15) days after the end of the reporting period.
Performance reporting must clearly articulate the activities that occurred within the reporting period, including
descriptions of major accomplishments, milestones achieved, and/or barriers or delays encountered. Additional
information may be required if necessary to comply with federal reporting requirements. Performance achievements
and performance questionnaires that are not complete, accurate, and timely may result in sanctions, as specified in
Section IV, Award Management and Reporting Requirements.
5.0 Financial Consequences for Failure to Perform - In accordance with Section 215.971, Florida Statutes, payments
for state and federal financial assistance must be directly related to the scope of work and meet the minimum level
of performance for successful completion. If the recipient fails to meet the minimum level of service or performance
identified in this agreement, the Department will apply financial consequences commensurate with the deficiency.
Financial consequences may include but are not limited to withholding payments or reimbursement until the
deficiency is resolved, tendering only partial payment/reimbursement, imposition of other financial consequences
according to the Standard Conditions as applicable, and/or termination of contract and requisition of goods or
services from an alternate source. Any payment made in reliance on recipient's evidence of performance, which
evidence is subsequently determined to be erroneous, will be immediately due to the Department as a refund.
6.0 Award Amendments - Recipients must submit an award amendment through the electronic grant management
system for major substantive changes such as changes in project activities or scope of the project, target populations,
service providers, implementation schedules, and designs or research plans set forth in the approved agreement
and for any budget changes that affect a cost category that was not included in the original budget. Amendments
are also required when there will be a transfer of 10% or more of the total budget between budget categories, or
there is an indirect cost rate category change.
Recipients may transfer up to 10% of the total budget between current, approved budget categories without prior
approval as long as the funds are transferred to an existing line item.
Under no circumstances can transfers of funds increase the total budgeted award.
Retroactive (after -the -fact) approval of project adjustments or items not currently in the approved award will only be
considered under extenuating circumstances. Recipients who incur costs prior to approval of requested adjustments
do so at the risk of the items being ineligible for reimbursement under the award.
All requests for changes, including requests for project period extensions, must be submitted in the electronic grant
management system no later than thirty (30) days prior to award expiration date.
7.0 Financial Expenditures and Reporting - The recipient shall close the expense reporting period either on a Monthly
or Quarterly basis. For any reporting period the recipient is seeking reimbursement, a payment request must also be
submitted in the grant management system. Closing of the reporting period and Payment Requests are due thirty
(30) days after the end of the reporting period with the exception of the final reporting period.
All project expenditures for reimbursement of recipient costs shall be submitted on the Project Expenditure Report
Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the electronic grant
management system.
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All Project Expenditure Reports shall be submitted in sufficient detail for proper pre -audit and post -audit.
All reports must relate financial data to performance accomplishments.
An expenditure report is not required when no reimbursement is being requested; however, recipients should close
the associated reporting period in the electronic grant management system.
Before the "final" Payment Request will be processed, the recipient must submit to the Department all outstanding
Performance Achievements and must have satisfied all withholding, special, and monitoring conditions. Failure to
comply with the above provisions shall result in forfeiture of reimbursement.
8.0 Program Income (PGI) - All income generated as a direct result of award activities shall be deemed program income.
Program income from asset seizures and forfeitures is considered earned when the property has been adjudicated
to the benefit of the plaintiff (i.e., law enforcement entity).
The recipient shall submit a PGI Earnings and Expenditures form in the electronic grant management system as
soon as PGI is earned or expended. Prior to expending funds, the recipient shall submit a PGI Spending Request
form for OCJG approval. All PGI expenditures must directly relate to the project being funded and must be allowable
under the federal award.
Any PGI remaining unspent after the end of the federal award period must be refunded to OCJG for transmittal to
the Bureau of Justice Assistance.
9.0 Recipient Integrity and Performance Matters - Requirement to report information on certain civil, criminal, and
administrative proceedings to OCJG, SAM and FAPIIS.
The recipient must comply with any and all applicable requirements regarding reporting of information on civil,
criminal, and administrative proceedings connected with (or connected to the performance of) either this award or
any other grant, cooperative agreement, or procurement contract from the federal government. Under certain
circumstances, recipients of OJP awards are required to report information about such proceedings, through the
federal System for Award Management ("SAM"), to the designated federal integrity and performance system
("FAPIIS").
SECTION V: MONITORING AND AUDITS
1.0 Access to Records - The Florida Department of Law Enforcement, the Auditor General of the State of Florida, the
U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have
access to books, documents, papers and records of the recipient and contractors for the purpose of audit and
examination according to the Financial Guide and the 28 C.F.R. § 66. At any time, a representative of the Department,
the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right to visit the project site
to monitor, inspect and assess work performed under this agreement.
The Department reserves the right to unilaterally terminate this agreement if the recipient or contractor refuses to
allow public access to all documents, papers, letters, or other materials subject to provisions of s. 119, F.S., unless
specifically exempted and/or made confidential by operation of s. 119, F.S., and made or received by the recipient
or its contractor in conjunction with this agreement.
The recipient will give the awarding agency or the General Accounting Office, through any authorized representative,
access to and the right to examine all paper or electronic records related to the financial assistance.
2.0 Monitoring - The recipient agrees to comply with FDLE's award monitoring guidelines, protocols, and procedures;
and to cooperate with FDLE on all award monitoring requests, including requests related to desk reviews, enhanced
programmatic desk reviews, and/or site visits. The recipient agrees to provide FDLE all documentation necessary
to complete monitoring of the award. Further, the recipient agrees to abide by reasonable deadlines set by FDLE for
providing requested documents. Failure to cooperate with award monitoring activities may result in sanctions
affecting the recipient's award, including, but not limited to: withholding and/or other restrictions on the recipient's
access to funds, referral to the Office of the Inspector General for audit review, designation of the recipient as a FDLE
High Risk grantee, or termination of award(s).
3.0 Property Management - The recipient shall establish and administer a system to protect, preserve, use, maintain
and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to
federal property management standards set forth in the DOJ Grants Financial Guide, 28 C.F.R. § 66, 2 C.F.R.
§200.313. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this
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agreement.
4.0 Award Closeout - Award Closeout will be initiated by the Department after the final payment request has been
processed. The final payment request must be submitted within sixty (60) days of the end date of the award. All
performance achievements and performance questionnaires must be completed before the award can be closed.
5.0 High Risk Recipients - If a recipient is designated "high risk" by a federal award -making agency, currently or at any
time during the course of the period of performance under this award, the recipient must disclose that fact and certain
related information to FDLE's OCJG. For purposes of this disclosure, high risk includes any status under which a
federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic
or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding
agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The
high -risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The
reasons for the high -risk status, as set out by the federal awarding agency.
6.0 Imposition of Additional Requirements - The recipient agrees to comply with any additional requirements that may
be imposed by OCJG during the period of performance for this award if the recipient is designated as "high risk" for
purposes of the DOJ high -risk list.
7.0 Retention of Records - The recipient shall maintain all records and documents for a minimum of five (5) years from
the date of the final financial statement and be available for audit and public disclosure upon request of duly
authorized persons. The recipient shall comply with State of Florida General Records Schedule GS1-SL for State
and Local Government Agencies:
https://fldoswebumbracoprod.biob.core.windows.net/media/703328/,gs1-sl-2020.pdf.
8.0 Disputes and Appeals - The Department shall make its decision in writing when responding to any disputes,
disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned
parties. The recipient shall proceed diligently with the performance of this agreement according to the Department's
decision. If the recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-
one (21) calendar days to the Department's clerk (agency clerk). The recipient's right to appeal the Department's
decision is contained in § 120, F.S., and in procedures set forth in Rule 28-106.104, Florida Administrative Code.
Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, F.S.
9.0 Failure to Address Audit Issues - The recipient understands and agrees that FDLE's OCJG may withhold award
funds, or may impose award conditions or other related requirements, if (as determined by OCJG) the recipient does
not satisfactorily and promptly address outstanding issues from audits required by the 2 C.F.R. § 200 Uniform
Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits,
investigations, or reviews.
10.0 Single Annual Audit - Recipients that expend $750,000 or more in a year in total federal award funding shall have
a single audit or program -specific audit conducted for that year. The audit shall be performed in accordance with the
OMB 2 C.F.R. § 200 Subpart F — Audit Requirements and other applicable federal law. The contract for this
agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall
be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract
number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the recipient
shall submit an annual financial audit that meets the requirements of 2 C.F.R. § 200 Subpart F, "Audit Requirements"
s. 215.97, F.S., "Florida Single Audit Act" and Rules of the Auditor General, Chapter 10.550, and Chapter 10.650,
"Local Governmental Entity Audits" and "Florida Single Audit Act Audits Nonprofit and For -Profit Organizations."
A complete audit report that covers any portion of the effective dates of this agreement must be performed and
submitted to the Federal Audit Clearinghouse within the earlier of thirty (30) calendar days after receipt of the auditor's
report(s), or nine (9) months after the end of the audit period. Submissions must include required elements described
in Appendix X to 2 C.F.R. § 200 on the specified Data Collection Form (Form SF -SAC).
Records shall be made available upon request for a period of five (5) years from the date the audit report is issued,
unless extended in writing by the Department.
Recipients that expend less than $750,000 in federal awards during a fiscal year are exempt from the Single Audit
Act audit requirements for that fiscal year. In this case, written notification, in the form of the "Certification of Audit
Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the recipient
is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year.
SECTION VI: AWARD PROCUREMENT AND COST PRINCIPLES
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1.0 Procurement Procedures - Recipients must have written procedures for procurement transactions. Procedures
must conform to applicable Federal law and the standards in 2 C.F.R. §§ 200.318-326.
This condition applies to agreements that OCJG considers to be a procurement "contract", and not a second -tier
award.
The details of the advance approval requirement to use a noncompetitive approach in a procurement contract under
this award are posed on the OJP website at
https://omp.gov/funding/Explore/NoncompetitiveProcurement.htm.
Additional information on Federal purchasing guidelines can be found in the Guide to Procurements Under DOJ
Grants and Cooperative agreements at
https://omp.gov/funding/Implement/Resources/GuideToProcurementProcedures.pdf.
2.0 Cost Analysis - A cost analysis must be performed by the recipient if the cost or price is at or above the $35,000
acquisition threshold and the contract was awarded non -competitively in accordance with s. 216.3475, F.S. The
recipient must maintain records to support the cost analysis, which includes a detailed budget, documented review
of individual cost elements for allowability, reasonableness, and necessity. See also: Reference Guide for State
Expenditures.
3.0 Allowable Costs - Allowance for costs incurred under the award shall be determined according to the general
principles and standards for selected cost items set forth in the DOJ Grants Financial Guide, 28 C.F.R. § 66, "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", and 2 CFR
Subpart E, "Cost Principles".
4.0 Unallowable Costs - Payments made for costs determined to be unallowable by either the Federal awarding agency,
or the Department, either as direct or indirect costs, must be refunded (including interest) to FDLE and the Federal
Government in accordance with instructions that determined the costs are unallowable unless state or Federal statute
or regulation directs otherwise. See also 2 C.F.R. §§ 200.300-309.
5.0 Indirect Cost Rate - A recipient that is eligible to use the "de minimis" indirect cost rate described in 2 C.F.R. §
200.414(f), and elects to do so, must advise OCJG in writing of both its eligibility and its election, and must comply
with all associated requirements in the 2 C.F.R. § 200 and Appendix VII.
6.0 Sole Source - If the project requires a non-competitive purchase from a sole source, the recipient must complete
the Sole Source Justification for Services and Equipment Form and submit to OCJG upon application for pre -
approval. If the recipient is a state agency and the cost meets or exceeds $250,000, the recipient must also receive
approval from the Florida Department of Management Services (DMS) (s. 287.057(5), F.S.). Additional details on the
sole source requirement can be found at 2 C.F.R. § 200 and the DOJ Grants Financial Guide.
7.0 Personal Services - Recipients may use award funds for eligible personal services including salaries, wages, and
fringe benefits, including overtime in accordance with the DOJ Grants Financial Guide Section 3.9 - Compensation
for Personal Services, consistent with the principles set out in 2 C.F.R. § 200, Subpart E and those permitted in the
federal program's authorizing legislation. Recipient employees should be compensated with overtime payments for
work performed in excess of the established work week and in accordance with the recipient's written compensation
and pay plan.
Documentation - Charges for salaries, wages, and fringe benefits must be supported by a system of internal controls
providing reasonable assurance that charges are accurate, allowable, and properly allocated. Documentation
supporting charges must be incorporated into the official records of the organization.
Charges made to the Personnel Budget Category must reasonably reflect the total time and activity for which the
employee is compensated by the organization and cover both federally funded and all other activities. The records
may include the use of subsidiary records as defined in the organization's written policies. Where award recipients
work on multiple award programs or cost activities, documentation must support a reasonable allocation or
distribution of costs among specific activities or cost objectives.
8.0 Contractual Services - The recipient must maintain written standards of conduct covering conflicts of interest and
governing the actions of its employees engaged in the selection, award and administration of contracts as described
in 2 C.F.R. § 200.318, General procurement.
Requirements for Contractors of Recipients - The recipient assures the compliance of all contractors with the
applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended 34 U.S.C. §
10101 et seq.; the provisions of the current edition of the DOJ Grants
FinancialGuide(his://ofp.gov/financialguide/doi/pdfs/DOJ FinancialGuide.pdf); and all other applicable federal and
Page 18 of 25
state laws, orders, circulars, or regulations. The recipient must pass -through all requirements and conditions
applicable to the federal award to any subcontract. The term "contractor" is used rather than the term "vendor" and
means an entity that receives a contract as defined in 2 C.F.R. § 200.22, the nature of the contractual relationship
determines the type of agreement.
Approval of Consultant Contracts Compensation for individual consultant services must be reasonable and
consistent with that paid for similar services in the marketplace. The Federal awarding agency and pass -through
entity must review and approve in writing all consultant contracts prior to employment of a consultant when the
individual compensation rate exceeds $650 (excluding travel and subsistence costs) per eight -hour day, or $81.25
per hour. A detailed justification must be submitted to and approved by FDLE, who will coordinate written approval
of the Federal awarding agency, prior to recipient obligation or expenditures of such funds. Approval shall be based
upon the contract's compliance with requirements found in the Financial Guide Section 3.6 Consultant Rates, 28
C.F.R. § 66, and applicable state statutes. The Department's approval of the recipient agreement does not constitute
approval of individual consultant contracts or rates. If consultants are hired through a competitive bidding process
(not sole source), the $650 threshold does not apply.
FFATA Reporting Requirements - Recipients that enter into awards of $30,000 or more should review the Federal
Funding Accountability and Transparency Act of 2006 (FFATA), website for additional reporting requirements at
https://o*p.gov/funding/Explore/FFATA.htm.
9.0 Travel and Training - The cost of all travel shall be reimbursed according to the recipient's written travel policy. If
the recipient does not have a written travel policy, cost of all travel will be reimbursed according to State of Florida
Travel Guidelines § 112.061, F.S. Any foreign travel must obtain prior written approval from the Federal awarding
agency and pass -through entity.
10.0 Expenses Related to Conferences, Meetings, Trainings, and Other Events - Award funds requested for
meetings, retreats, seminars, symposia, events, and group training activities and related expenses must receive
written pre -approval from the Federal awarding agency and pass -through entity and comply with all provisions in 2
C.F.R. § 200.432 and DOJ Grants Financial Guide Section 3.10; Conference Approval, Planning, and Reporting.
Award applications requesting approval for meeting, training, conference, or other event costs must include a
completed Conference & Events Submission Form for approval prior to obligating award funds for these purposes.
11.0 Training and Training Materials — Any training or training materials that has been developed or delivered with
award funding under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,
available at www.o'p.gov/fundinq/ofptrainingquidingprincil)les.htm.
12.0 Publications, Media and Patents Ownership of Data and Creative Material - Ownership of material, discoveries,
inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms
of the DOJ Grants Financial Guide, 28 C.F.R. §§ 66, and 200.315.
Publication or Printing of Materials - Publication costs for electronic and print media, including distribution,
promotion, and general handling are allowable. If these costs are not identifiable with a particular direct cost objective,
it should be allocated as indirect costs. Publication includes writing, editing, and preparing the illustrated material
(including videos and electronic mediums).
Recipients must request pre -approval in writing for page charges for professional journal publications. All publication
materials must comply with provisions in 2 C.F.R. § 200.461 and DOJ Grants Financial Guide, Section 3.9; Allowable
Costs — Publication.
Recipients must submit for review and approval one (1) copy of any written materials to be published, including web -
based materials and website content, to be paid under this award at least thirty (30) days prior to the targeted
dissemination date.
All electronic and print materials paid under this award must contain the following statements identifying the federal
award:
"This project was supported by Award No. [Federal Award Number] awarded by the [Bureau of Justice
Assistance/Bureau of Justice Statistics], Office of Justice programs. The opinions, findings, and conclusions or
recommendations expressed in this publication/program/exhibition are those of the authors and do not necessarily
reflect the views of the Department of Justice or grant -making component. "
Any website funded in whole or in part under this award must include the same statement on the home page, on all
major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior
content), and on any pages from which a visitor may access or use a web -based service, including any pages that
provide results or outputs from the service.
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Patents - Recipients are subject to applicable regulations governing patents and inventions, including government
wide regulations issued by the Department of Commerce (37 C.F.R. § 401 and 2 C.F.R. § 200.315(c)).
Recipients must promptly and fully report to FDLE and the Federal awarding agency if any program produces
patentable items, patent rights, processes, or inventions, in the course of work sponsored under this award.
13.0 For NCHIP & NICS: Purchase of Automated Fingerprint Identification System (AFIS) - AFIS equipment
purchased under this award must conform to the American National Standards Institute (ANSI) Standard, "Data
Format for the Interchange of Fingerprint, Facial & Other Biometric Information" (ANSI/NIST-ITL 1-2007 PART 1)
and any other applicable standards set forth by the Federal Bureau of Investigation (FBI).
14.0 Information Technology Projects
Criminal Intelligence Systems - The recipient agrees that any information technology system funded or supported
by the Office of Justice Programs funds will comply with 28 C.F.R. § 23, Criminal Intelligence Systems Operating
Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice
Programs determine 28 C.F.R. § 23 to be applicable, the Office of Justice Programs may, at its discretion, perform
audits of the system, as per 28 C.F.R. § 23.20(g). Should any violation of 28 C.F.R. § 23 occur, the recipient may be
fined as per 42 U.S.C. § 3789g(c)-(d). The recipient may not satisfy such a fine with federal funds.
The recipient understands and agrees that no awarded funds may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and exchanging of pornography. In doing so the
recipient agrees that these restrictions will not limit the use of awarded funds necessary for any federal, state, tribal,
or local law enforcement agency or any other entity carrying out criminal investigations, prosecutions, or adjudication
activities.
State IT Point of Contact - The recipient must ensure that the State IT Point of Contact receives written notification
regarding any information technology project funded by this award during the obligation and expenditures period.
This is to facilitate communication among local and state governmental entities regarding various information
technology projects being conducted with these award funds. In addition, the recipient must maintain an
administrative file documenting the meeting of this requirement. For a list of State IT Points of Contact, go to
https://it.odp.gov/technology-contacts.
The State IT Point of Contact will ensure the recipient's project follows a statewide comprehensive strategy for
information sharing systems that improve the functioning of the criminal justice system, with an emphasis on
integration of all criminal justice components, law enforcement, courts, prosecution, corrections, and probation and
parole.
Interstate Connectivity - To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau
of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between
jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone
to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of the Bureau of Justice
Assistance that this requirement would not be cost effective or would impair the functionality of an existing or
proposed IT system.
15.0 Interoperable Communications Guidance - Recipients using funds to support emergency communications
activities must comply with the current SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable communications. Emergency
communications activities include the purchase of Interoperable Communications Equipment and technologies such
as voice-over-internet protocol bridging or gateway devices, or equipment to support the build out of wireless
broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC)
Waiver Order. SAFECOM guidance can be found at https://www.dhs.gov/publication/funding-documents.
Recipients interested in developing a public safety broadband network in the 700 MHz band in their jurisdictions must
adhere to the technical standards set forth in the FCC Waiver Order, or any succeeding FCC orders, rules, or
regulations pertaining to broadband operations in the 700 MHz public safety band. The recipient shall also ensure
projects support the Statewide Communication Interoperability Plan (SCIP) and are fully coordinated with the full-
time Statewide Interoperability Coordinator (SWIC). If any future regulatory requirement (from the FCC or other
governmental entity) results in a material technical or financial change in the project, the recipient should submit
associated documentation, and other material, as applicable, for review by the SW IC to ensure coordination.
Recipients must provide a listing of all communications equipment purchased with award funding (plus the quantity
purchased of each item) to FDLE once items are procured during any periodic programmatic progress reports.
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16.0 Global Standards Package - In order to promote information sharing and enable interoperability among disparate
systems across the justice and public safety community, OJP requires the recipient to comply with DOJ's Global
Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular award.
Recipient shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as
described at https://it.o'p.gov/gsp. Recipient shall document planned approaches to information sharing and describe
compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
17.0 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment — In accordance
with the requirements as set out in 2 C.F.R. § 200.216, recipients are prohibited from obligating or expending award
funds to:
1) Procure or obtain;
2) Extend or renew a contract to procure or obtain;
3) Enter into a contract to procure or obtain equipment, services, or systems that use telecommunications
equipment or services as a substantial or essential component of any system, or as critical technology as part
of any system, produced by Huawei Technologies Company or ZTE Corporation (or a subsidiary or affiliate of
such entities).
18.0 Unreasonable Restrictions on Competition - This condition applies with respect to any procurement of property
or services funded (in whole or in part) by this award, by the recipient (or subrecipient at any tier), and regardless of
the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument
used. The provisions of this condition must be among those included in any subaward (at any tier).
1) Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 and
200.319(a) — Recipient (or subrecipient at any tier) may (in any procurement transaction) discriminate against
any person or entity on the basis of such person or entity's status as an "associate of the federal government"
(or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except
as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ.
2) Monitoring of compliance with the requirements of this condition will be conducted by FDLE.
3) The term "associate of the federal government" means any person or entity engaged or employed (in the past
or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any
tier), award recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or
activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and
includes any applicant for such employment or engagement, and any person or entity committed by legal
instrument to undertake any such work, project, or activity (or to provide such goods or services) in future.
4) Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier,
or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination
law.
19.0 Non -Disclosure Agreements - No recipient or entity that receives a procurement contract or subcontract with any
funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or
statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting of waste, fraud, or abuse
to an investigative or law enforcement representative of a federal department or agency authorized to receive such
information.
20.0 Confidential Funds and Confidential Funds Certificate - A signed certification that the Project Director or
Implementing Agency Chief Official has read, understands, and agrees to abide by all conditions for confidential
funds outlined in Section 3.12 of the DOJ Grants Financial Guide is required for all projects that involve confidential
funds. The signed certification must be submitted at the time of award application. Confidential Funds certifications
must be signed by the recipient Chief Official or an individual with formal, written signature authority for the Chief
Official.
Prior to the reimbursement of expenditures for confidential funds, the recipient must compile and maintain a Cl Funds
Tracking Sheet to record all disbursements under the award. The completed form must be submitted with the
payment request for OCJG review.
21.0 For JAG: Task Force Training Requirement - The recipient agrees that within 120 days of award, each current
member of a law enforcement task force funded with these funds who is a task force commander, agency executive,
task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task
force training. The training can be accessed https://www.centf.org/CTFLI/
All current and new task force members are required to complete this training once during the life of the award, or
once every four years if multiple awards include this requirement. This training addresses task force effectiveness
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as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel
selection, and task force oversight and accountability.
When FDLE awards funds to support a task force, the recipient must compile and maintain a task force personnel
roster along with course completion certificates.
22.0 For NCHIP and NARIP: Protective Order Systems - Any system developed with funds awarded under this
cooperative agreement will be designed to permit interface with the National Protective Order file maintained by the
FBI.
23.0 For PREA: PREA Audits - Recipients using funds, in whole or in part, to conduct PREA audits must utilize a DOJ
certified PREA auditor who must abide by all applicable requirements in the DOJ PREA Auditor Handbook.
SECTION VII: ADDITIONAL REQUIREMENTS
1.0 Environmental Protection Agency's (EPA) list of Violating Facilities - The recipient assures that the facilities
under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are
not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any
communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA.
2.0 National Environmental Policy Act (NEPA) - The recipient agrees to assist FDLE in complying with the NEPA, the
National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use
of award funds by the recipient. This applies to the following new activities whether or not they are being specifically
funded with these award funds. That is, it applies as long as the activity is being conducted by the recipient or any
third party and the activity needs to be undertaken in order to use these award funds. Accordingly, the recipient
agrees to first determine if any of the following activities will be funded by the award, prior to obligating funds for any
of these purposes.
If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact FDLE
OCJG.
1) New construction;
2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain; a wetland, or habitat for endangered species, or a property listed
on or eligible for listing on the National Register of Historic Places;
3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its
basic prior use or (b) significantly change its size;
4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as
an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or educational environments; and
5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine methamphetamine laboratories.
The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The
recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by
the Department of Justice at https://www.boa.gov/Funding/nel)a.html, for programs relating to methamphetamine
laboratory operations.
3.0 National Historic Preservation Act — The Act will assist the Department (if necessary) in assuring compliance with
section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and
protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et
seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
4.0 Human Research Subjects — The recipient agrees to comply with the requirements of 28 C.F.R. part 46 and all
Office of Justice Programs policies and procedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
5.0 Disclosures
Conflict of Interest - The recipient and implementing agency will establish safeguards to prohibit employees from
using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict
Page 22 of 25
of interest, or personal gain. Recipients must disclose in writing any potential conflict of interest to FDLE (the non-
federal pass -through entity).
Violations of Criminal Law - The recipient must disclose all violations of state or federal criminal law involving fraud,
bribery or gratuity violations potentially affecting the award.
6.0 Uniform Relocation Assistance and Real Property Acquisitions Act - The recipient will comply with the
requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et
seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs.
7.0 Limitations on Government Employees Financed by Federal Assistance - The recipient will comply with
requirements of 5 U.S.C. §§ 1501-08 and §§ 7321-26, which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity financed in whole or in part by
federal assistance.
8.0 Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable - Recipient
understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract
or award to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without
the express prior written approval of OJP.
9.0 Text Messaging While Driving - Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), and §316.305, F.S., the recipient is encouraged
to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of
performing work funded by this award and to establish workplace safety policies and conduct education, awareness,
and other outreach to decrease crashes caused by distracted drivers.
10.0 For JAG: DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database - If program funds
will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the
Combined DNA Index System (CODIS), by a government DNA lab with access to CODIS. No profiles generated with
JAG funding may be entered into any other non -governmental DNA database without prior express written approval
from BJA. For more information, refer to the NIJ FY 2012 DNA Backlog Reduction Program, available at:
https://www.ncirs.gov/pdffilesl/ni'/sIO01062.pd .
In addition, funds may not be used for purchase of DNA equipment and supplies when the resulting DNA profiles
from such technology are not accepted for entry into CODIS (the National DNA Database operated by the FBI).
11.0 Environmental Requirements and Energy - For awards in excess of $100,000, the recipient must comply with all
applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.0 85), section
508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency
regulations (40 CFR 1). The recipient must comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871), if any.
12.0 Other Federal Funds - The recipient agrees that if it currently has an open award of federal funds or if it receives an
award of federal funds other than this award, and those awards have been, are being, or are to be used, in whole or
in part, for one or more of the identical cost items for which funds are being provided under this award, the recipient
will promptly notify, in writing the grant manager for this award, and, if so requested by OCJG seek a budget
modification or change of project scope amendment to eliminate any inappropriate duplication of funding.
13.0 Trafficking in Persons - The recipient must comply with applicable requirements pertaining to prohibited conduct
relating to the trafficking of persons, whether on the part of recipients, recipients or individuals defined as "employees"
of the recipient. The details of the recipient and recipient obligations related to prohibited conduct related to trafficking
in persons are incorporated by reference and posted at
https://omp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm.
14.0 Requirement of the Award; Remedies for Non -Compliance or for Materially False Statements: Any materially
false, fictitious, or fraudulent statement to the Department related to this award (or concealment or omission of a
material fact) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001, 1621, and/or 34 U.S.C.
§ 10272), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise
(including under 31 U.S.C. §§ 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision
shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held,
instead, that the provision is utterly invalid or unenforceable; such provision shall be deemed severable from this
award.
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15.0 Employment Eligibility Verification for Hiring Under This Award —The recipient must ensure that as part of the
hiring process for any position that is or will be funded (in whole or in part) with award funds, the employment eligibility
of the individual being hired is properly verified in accordance with the provisions of 8 U.S.C. 1324a(a)(1) and (2).
1) All persons who are or will be involved in activities under this award must be made aware of the requirement for
verification of employment eligibility, and associated provisions of 8 U.S.C. 1324a(a)(1) and (2) that make it
unlawful in the United States to hire (or recruit for employment) certain aliens.
2) The recipient must provide training (to the extent necessary) to those persons required by this condition to be
notified of the requirement for employment eligibility verification and the associated provisions of 8 U.S.C.
1324a(a)(1) and (2).
3) As part of the recordkeeping requirements of this award, the recipient must maintain records of all employment
eligibility verifications pertinent to compliance with this condition and in accordance with 1-9 record retention
requirements, as well as pertinent records of notifications and trainings.
4) Monitoring of compliance with the requirements of this condition will be conducted by FDLE.
5) Persons who are or will be involved in activities under this award includes any and all recipient officials or other
staff who are or will be involved in the hiring process with respect to a award funded position under this award.
6) For the purposes of satisfying this condition, the recipient may choose to participate in, and use E-Verify (www.e-
verify.gov), provided an appropriate person authorized to act on behalf of the recipient entity uses E-Verify to
confirm employment eligibility for each position funded through this award.
7) Nothing in this condition shall be understood to authorize or require any recipient, or any person or other entity,
to violate federal law, including any applicable civil rights or nondiscrimination law.
8) Nothing in this condition, including paragraph vi., shall be understood to relieve any recipient, or any person or
other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2).
16.0 Determination of Suitability to Interact with Minors — This condition applies if it is indicated in the application for
award (at any tier) that a purpose of some or all of the activities to be carried out under the award is to benefit a set
of individuals under 18 years of age.
The recipient (or subrecipient at any tier), must make determinations of suitability before certain individuals may
interact with participating minors. The requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP website at https://oip.gov/funding/Explore/Interact-Minors.htm.
17.0 Restrictions and Certifications Regarding Non -Disclosure Agreements and Related Matters - No recipient
under this award, or entity that receives a procurement contract with funds under this award, may require an
employee to sign an internal confidentiality agreement that prohibits the reporting of waste, fraud, or abuse to an
investigative or law enforcement representative authorized to receive such information.
The foregoing is not intended, to contravene requirements applicable to classified information. In accepting this
award, the recipient:
1) Has not required internal confidentiality agreements or statements from employees or contractors that currently
prohibit reporting waste, fraud, or abuse;
2) Certifies that, if it learns that it is or has been requiring its employees or contractors to execute agreements that
prohibit reporting of waste, fraud, or abuse, it will immediately stop any further obligations of award funds, will
provide prompt written notification to OCJG, and will resume such obligations only if expressly authorized to do
so by OCJG.
3) Will comply with requirements of 5 U.S.C. §§ 1501-08 and 7321-26, which limit certain political activities of state
or local government employees whose principal employment is in connection with an activity financed in whole
or in part by federal assistance.
18.0 Safe Policing and Law Enforcement — Recipients that are state, local, college or university law enforcement
agencies must be in compliance with the safe policing certification requirement outlined in Executive Order 13929.
For detailed information on this certification requirement, see https://cops.usdoi.gov/SafePolicingEO.
19.0 For RSAT: State Alcohol and Drug Abuse Agency - The recipient will coordinate the design and implementation
of treatment programs with the State alcohol and drug abuse agency or any appropriate local alcohol and drug abuse
agency, especially when there is an opportunity to coordinate with initiatives funded through the Justice Assistance
Grant (JAG) program.
20.0 For RSAT: Drug Testing - The recipient will implement or continue to require urinalysis or other proven reliable
forms of testing of individuals in correctional residential substance abuse treatment programs. Such testing shall
include individuals released from residential substance abuse treatment programs who remain in the custody of the
State.
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21.0 For RSAT: Opioid Abuse and Reduction - The recipient understands and agrees that, to the extent that substance
abuse treatment and related services are funded by this award, they will include needed treatment and services to
address opioid abuse and reduction.
22.0 For RSAT: Data Collection - The recipient agrees that award funds may be used to pay for data collection, analysis,
and report preparation only if that activity is associated with federal reporting requirements. Other data collection,
analysis, and evaluation activities are not allowable uses of award funds.
23.0 For PSN: Coordination with U.S. Attorney and PSN Task Forces - The recipient agrees to coordinate the project
with the U.S. Attorney and Project Safe Neighborhoods Task Force(s) for the respective U.S. Attorney Districts
covered by the award. The recipient also is encouraged to coordinate with other community justice initiatives and
other ongoing, local gun prosecution and law enforcement strategies.
24.0 For PSN: Media -related Outreach - The recipient agrees to submit to OCJG for review and approval by DOJ, any
proposal or plan for PSN media -related outreach projects.
25.0 For NCHIP & NARIP: Coordination and Compatibility with Systems - In accordance with federal award
conditions, recipient agrees all activities supported under this award must:
1) Be coordinated with Federal, State, and local activities relating to homeland security and presale firearm checks.
2) Ensure criminal justice information systems designed, implemented, or upgraded with NCHIP or NARIP funds
are compatible, where applicable, with the National Incident -Based Reporting System (NIBRS), the National
Crime Information Center system (NCIC 2000), the National Criminal Instant Background Check System (NICS),
the Integrated Automated Fingerprint Identification System (IAFIS), and applicable national, statewide or
regional criminal justice information sharing standards and plans.
3) Intend to establish or continue a program that enters into the National Crime Information Center (NCIC) records
of: (a) Protection orders for the protection of persons from stalking or domestic violence; (b) Warrants for the
arrest of persons violating protection orders intended to protect victims from stalking or domestic violence; and
(c) Arrests or convictions of persons violating protection orders intended to protect victims from stalking or
domestic violence.
Page 25 of 25
Florida Department of Law Enforcement
Safety and Technology Equipment
CITY OF MIAMI, a Florida Municipal Corporation
Date:
Arthur Noriega V, City Manager
Attest:
By: Date:
Todd B. Hannon, City Clerk
Approved as to Form and Correctness:
By: Date:
Victoria Mendez, City Attorney
Approved as to Insurance Requirements:
am
Ann -Marie Sharpe, Director of
Risk Management
Date: