HomeMy WebLinkAboutStandard ConditionsApplication for Funding Assistance
Florida Department of Law Enforcement
Standard Conditions
tandard Conditions
Conditions of agreement requiring compliance by units of local government (subgrant recipients),
implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this
section. Upon approval of this subgrant, the approved application and the following terms of conditions will
become binding. Failure to comply with provisions of this agreement will result in required corrective action
up to and including project costs being disallowed and termination of the project, as specified in item 13 of
this.section.
The subgrant recipient agrees to comply with the financial and administrative requirements set forth
in the current edition of the U.S. Department of Justice, Office of Justice Programs Financial Guide
and the U. S. Department of Homeland Security, Office for Domestic Preparedness FY 2004 Homeland
Security Grant Program Guidelines and must support the goals and objectives included in the State
Homeland Security Strategy for Florida. The Financial Guide incorporates by reference the provisions
of the Office of Management and Budget (OMB) circulars and government -wide common rules
applicable to grants and cooperative agreements. The subgrant recipient agrees to comply with all
federal statutes, regulations, policies, guidelines and requirements, .including OMB Circulars, as
applicable:
Administrative Requirements — OMB Circular A-102 "Grants and Cooperative Agreements with Slate and
Local Governments" and OMB Circular A-110 "Uniform Administrative Requirements for Grants and
Agreements With Institutions of Higher Education, Hospitals and Other Non -Profit Organizations", 48 CFR
•31.2 "Contracts With Commercial Organizations" and 45 CFR 74, Appendix E "Principles for Determining
Costs Applicable to Research and Development Under Grants and Contracts with Hospitals", FY 2005
Homeland Security Grant Program Guidelines and Application Kit.
(http://www ojp usdoj gov/odp/does/fy05hsgp.pdf.)
Cost Principles — OMB Circular A-21 "Cost Principles for Educational institutions", OMB Circular A-87 "Cost
Principles for State, Local, and Indian Tribal Governments", OMB Circular A-122 "Cost Principles for Non -
Profit Organizations"
Audit Requirements — OMB Circular A-133 "Audits of States, Local Governments and Non -Profit
Organizations";
Statutory Authority — Public Law 108-090.
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http://www.whilehouse.gov/omb/circulars/index html
1. Reports
a. Performance Reports'
Semi -Annual Project Performance Reports are due on January 10 and July 10, encompassing Jan -
June and July -Dec reporting periods (respectively ) Failure to report may result in lack of funding
b. Expenditure Reports:
The subgrant recipient shall have a choice of submitting either Monthly or Quarterly Expenditure
Reports. All reports are due thirty-one (31) days' after the end of the reporting period The final
Expenditure Report must be submitted upon close out of the grant. All reporting and special conditions
must be satisfied prior to reimbursement. Failure to comply with the above provisions shall result in
forfeiture of reimbursement.
c Other Reports
The subgrant recipient must submit other reports as may be reasonably required by the Department.
2. Project Closeout
Project funds that have been properly obligated by the end of the subgrant funding period will have 45
days in which to be liquidated (expended) Any funds not liquidated at the end of the 45-day period will
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Application for Funding Assistance
Florida Department of Law Enforcement
Standard Conditions
lapse and revert to the Department. A subgrant funded project will nol be closed out until the subgrant
recipient has satisfied all closeout requirements.
All refunds or repayments made to the Department under this Agreement are made payable to the
order of "Florida Department of Law Enforcement" and mailed to the following address:
Office of Criminal Justice Grants
Attention: Criminal Justice Initiatives Unit
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, FL 32308
3. Fiscal Control and Fund Accounting Procedures
The subgrant recipient must establish fiscal control and fund accounting procedures that assure proper
-disbursement and accounting of-subgrant funds and.required non-federal expenditures. All funds spent.
on this project must be disbursed according to provisions of the project budget as approved by the
Department. Alt funds not spent according to this agreement will be subject to repayment by the
subgrant recipient.
4. Allowable Costs
a Allowance for costs incurred under the subgrant shall be determined according to the general
principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S.
Department of Justice Common Rule for State And Local Governments and federal OMB CircularA-87,
"Cost Principles for Slates Local and Indian Tribal Governments", or OMB Circular A-21, "Cost
Principles for Educational Institutions" and the FY 2005 Homeland Security Grant Program Guidelines
and Application Kit.
b. Ali procedures employed in the use of federal funds for any procurement shall be according to U S
Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110 and
Florida law to be eligible for reimbursement.
5. Travel and Training
a The cost of _a11 traveLslalLbe reimbursed according_rn loc_aLrerg.ulalinns,. but not in excess of
provisions in Section 112.061, Florida Statutes.
b. All bills for any travel expenses shall be submitted according to provisions in Section 112.061,
Florida Statutes.
6. Written Approval of Changes in this Approved Agreement
Subgrant recipients shall obtain approval from the Department for major substantive changes. These
include, but are not limited to:
a Changes in project activities set forth in the approved agreement,
b. Budget deviations that do not meet the following criterion. Thal is, a subgrant recipient may transfer
funds between budget categories as long as the total amount of transfer does not exceed ten (10)
percent of the total approved budget and the transfer is made to an approved budget item; or,
c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is
approved by the Department. Transfers do not. allow for increasing the quantitative number of items
documented in any approved budget item, Le , increasing the quantity of equiprnent items in Operating
Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.)
Under no circumstances can transfers of funds increase the total budgeted award
7. Reimbursement Subject to Available Funds
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The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to
available federal funding.
8. Advance Funding
Advance funding may be authorized for each project according to Section 216.181(16)(b) Florida
Statutes, the OJP Financial Guide, the FY 2005 Homeland Security Grant Program Guidelines and
Application Kit, and the U.S. Department of Justice Common Rule for State and Local Governments
Advance funding shall be provided to a subgrant recipient upon a written request to the OCJG justifying
the need for such funds
9. Excusable Delays
Except with respect to defaults of consultants, the subgranl recipient will not be in default by reason of
any failure in performance of this agreement according to its terms (including any failure by the
subgrant recipient. to make progress in the execution of work hereunder which endangers such
performance) if such failure arises out of causes beyond the control and without the fault or negligence
of the subgrant recipient. Such causes include but are not limited to acts of God or of the -public enemy,
acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the
failure to perform must be beyond the control and without the fault or negligence of the subgranl
recipient.
If failure to perform is caused by failure of a consultant or third party to perform or make progress, and if
such failure arises out of causes beyond the control of the subgrant recipient and the consultant, and
without fault or negligence of either of them, the subgranl recipient will not be deemed in default,
unless-
a. Supplies or services to be furnished by the consultant were obtainable from other sources;
b The Department ordered the subgrant recipient in writing to procure such supplies or services from
other sources; and
c. The subgrant recipient failed to reasonably comply with such order
--Upon-request of thesubgrantrecip1Pnt_the_Departmeet wrlt-.ascer#ain--the-facts and-tie.-exte.n.t_oLsuch
failure, and if the Department determines that any failure to perform was occasioned by one or more
said causes, the delivery schedule will be revised accordingly.
10. Obligation of Subgrant Recipient Funds
Subgrant recipient funds must .not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the grant period. Only project costs incurred on or after the
.effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for funding under this subgrant. A cost is incurred when the subgranl recipient's employee
or consultant performs required services, or when the subgrant recipient receives goods,
notwithstanding the date of order.
11. Review of Consultant Contracts
The Department shall review all consultant contracts poor to employment of a consultant when their
rate exceeds $450 (excluding travel and subsistence costs) for an eight -hour day. Review shall be
based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S
Department of Justice Common Rule for Slate and Local Governments, and in applicable state
statutes. The review of the subgrant recipient agreement does not constitute approval of consultant
contracts
12. Performance of Agreement Provisions
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Florida Department of Law Enforcement
Standard Conditions
In the event of default, non-compliance or violation of any provision of this agreement by the subgrant
recipient, the subgrant recipient's consultants and suppliers, or both, the Departrnent will impose
sanctions it deems appropriate including withholding payments and cancellation, termination or
suspension of the agreement in whole or in part. In such an event, the Department will notify the
subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The
subgrant recipient will be paid only for those services satisfactorily performed poor to the effective date
of such sanction.
All refunds or repayments to be made to the Department under this Agreement are to be made payable
to the order of Honda Department of Law Enforcement and mailed directly to the Department at the
following address:
Office of Criminal Justice Grants
Attention: Criminal. Justice Initiatives Unit
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
1
13. Access to Records
The Florida Department of Law Enforcement; the U S. Department of Homeland Security, Office of
Domestic Preparedness; and the Auditor General of the State of Florida; the U.S. Comptroller General
or any of their duly authorized representatives, will have access to books, documents, papers and
records of the subgrant recipient, implementing agency and contractors for the purpose of audit and
exarnination according to the Office of Justice Programs' Financial Guide, as amended.
The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient,
implementing agency or contractor refuses to allow public access to all documents, papers, letters, or
other materials subject to provisions of Chapter 119, Florida Statutes and made or received by the
subgranl or its contractor in conjunction with this agreement.
14. Audit
a. Subgrant recipients and Implementing Agencies that expend $500,000 or more in a year in federal
awards must--trove--a single or -pi oyrarn-specific duatt conducted fo `that year. The audit must be
performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The
contract for this agreement must be identified with the subject audit in The Schedule of Federal
Financial Assistance. The contract must 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 subgrant recipient must submit an
annual financial audit which meets the requirements of Chapters 11.45 and 215 97, Florida Statutes
and, Rules 10 550 and 10 600, Florida Administrative Code..
b A complete audit report which covers any portion of the effective dates of this agreement must be
submitted within 30 days after its completion, but no later than nine (9) months after the audit period In
order to be complete, the submitted report must include any management letters issued separately and
management's written response to all findings, both audit report and management fetter findings
Incomplete audit reports will not be accepted by the Department and will be returned.
c. The subgrant recipient must have ail audits completed by an independent public accountant (IPA)
The IPA must be either a Certified Public Accountant or a Licensed Public Accountant.
d The subgrant recipient and/or Implementing agency must take appropriate corrective action within
six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and
regulations
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Florida Departrnent of Law Enforcement
Standard Conditions
e. The subgrant recipient and/or Implementing Agency must ensure that audit working papers are
made available to the Departrnent, or its designee, upon request for a period of three (3) years from the
date the audit report is issued, unless extended in writing by the Department.
f. Subgrant recipients and/or Implementing Agencies that expend less than $500,000 in federal awards
during a fiscal year are exempt from the audit requirements of OMB CircularA-133 for that fiscal year.
In this case, written notification must be provided to the Department by the Chief Financial Officer, or
designee, that the subgrant recipient is exempt. This notice must be provided to the Department no
later than March 1 following the end of the fiscal year.
g. If this agreement is closed out without an audit, the Department reserves the right to recover any
disallowed costs identified in an audit completed after such closeout.
h. The completed audit reports should be sent to the following address:11 _.
Office of Criminal Justice Grants
Attention: Criminal Justice initiatives Unit
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
15. Retention of Records
The subgrant recipient must maintain all records and documents for a minimum of three (3) years from
the date of the final financial statement and be available for audit and public disclosure upon request of
duly authorized persons.
16. Ownership of Data andrCreative Material
Ownership of material, discoveries, inventions, and results developed, produced, or 'discovered
subordinate to this agreement is governed by the terms of the Office of Justice Programs' Financial
Guide, as amended or OMB Circulars A-110 or A-102, as applicable.
11. Property Accountability
The subgrant recipient agrees to use all non -expendable property for domestic security purposes during
its useful life or request Department disposition.
The subgrant recipient must 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 properly management standards set forth in the Office of Justice Programs'
Financial Guide, as amended or the federal OMB Circulars A-110 or A-102, as applicable. This
obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of
this agreement.
18. Disputes and Appeals
The Department will make its decision in writing when responding to any disputes, disagreements or
questions of fact arising under this agreement and will distribute its response to all concerned parties.
The subgrant recipient must proceed diligently with the performance of this agreement according to the
Department's decision.
if the subgrant recipient appeals the Department's decision, it must be submitted in writing to the
Department's agency clerk within twenty-one (21) calendar days of receipt of notification The subgrant
recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and
in procedures set forth in Chapters 28-5 and 9-5, Fonda Administrative Code Failure to appeal within
this lime frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes.
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Florida Department of Law Enforcement
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19. Conferences and inspection of Work
Conferences may be held at the request of any party to this agreement. Al any time, representatives of
the Department andfor the U S. Department of Homeland Security have the privilege of visiting the
project site to monitor, inspect and assess work performed under this agreement.
20. Publication or Printing of Reports
The subgrant recipient must submit one copy of all reports and proposed publications resulting from the
agreement twenty (20) days prior to public release. Any publications (written, visual, or sound),
whether published al the subgrant recipient's or government's expense, must contain. the following
statement: (NOTE: This excludes press releases, newsletters, and issue analysis.)
"This project was supported by grant award number 2004-GE-T4-0010 awarded by the U.S.
Department of Homeland Security, Office of Domestic Preparedness. Points of view within this
document are those of the author and do not necessarily represent (he official position of policies of the
U.S. Department of Homeiand,Security."
21. Equal Employment Opportunity (EEO)
All subgrant recipients are required to comply with nondiscrimination requirements of the Omnibus
• Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as
appropriate); Title VI of the Civil Rights Act of 1964, as amended, Section 504 of the Rehabilitation Act
of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990): Title iX of
the Education Amendments of _1972; the Age Discrimination Act of 1975; Department of Justice Non
Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E and G; and Departrnenl of Justice
regulations on disability discrimination, 28 CFR Part 35 and Pari 39.
The subgrant recipient acknowledges. by completing and signing the attached EEO Certification Letter
that failure io submit an acceptable Equal Employment Opportunity Plan approved by the Office for Civil
Rights (if subgrant recipient is required to submit one pursuant to 28 CFR 42.302), is a violation of its
certified assurances and may result in suspension of funding obligation authority. Submission of this
certification letter is a prerequisite to entering into this agreement. This certification is a material
representation of fact upon which reliance was placed when this agreement was made. If the subgrant
recipient or implementing agency meet Act criteria but have not formulated, implemented and
maintained such a current written EEO Program, they have 120 days after the date of this agreerent to
comply with the Act or face loss of federal funds subject to the sanctions in the Justice System
improvement Act of 1979, Pub. L. 96-157. 42 U S.C. 3701, et seq. (Reference Section 803 (a) of the
Act. 42 U S.C. 3783 (a) and CFR Section 42 207 Compliance Information, Title VI of the Civil Rights Act
of 1964, as amended; and Department of Justice regulation 28 CFR Pari 42, Subparts C, D, E.
if any court or administrative agency makes a finding of discrimination on the grounds of race, color,
religion, national origin, gender, disability or age against a subgrant recipient of funds, the subgrant
recipient must agree to forward a copy of the findings to the USDOJ Office of Justice Programs (OJP),
Office for Civil Rights.
Alt subgrant recipients must provide the OJP Office for Civil Rights with an Equal Opportunity Plan, if
regi.iired to maintain one, where the subgrant award is $500,000 or more.
22. Americans with Disabilities Act '1990
Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public
Law (P L) 101-336, which prohibits discrimination by public and private entities on the basis of disability
and requires certain accommodations be made with regard to employment (Title I), state and local
government services and transportation (Title II), public accommodations (Title IiI), and
telecommunications (Title iV). (Reference Title 11 of the Americans with Disabilities Act and Department
of Justice regulation 28 CFR Pari 42, Pari 35; and Title IX of Education Amendments of 1972 and
Department of Justice Regulation 28 CFR Part 54 )
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Standard Conditions
23. Non -Procurement, Debarment and Suspension
The subgranl recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34
CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant
recipient to certify it will not enter into any lower tiered covered transaction with a party that is debarred,
suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction,
unless authorized by the Department.
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real properly to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public
entity, and may not transact business with any public entity in excess of Category Two for a ,period of
36 months from the date of being placed on the convicted vendor list.
24. Payment Contingent on Appropriation
The State of "Florida's .performance and obligation to pay under this agreement is contingent upon an'
annual appropriation by the Florida Legislature.
25. Federal Restrictions on Lobbying
The subgrant recipient agrees to comply with Section 319 o1 P.L. 101-121 set forth in "New Restrictions
on Lobbying; Interim Final Rule," published in the February 26, 1990, Federal Register.
Each person must file the most current edition of this Certification and Disclosure Form, if applicable,
with each submission that initiates agency consideration of such person for award of federal contract,
grant, or cooperative agreement of $100,000 or more, or federal loan of $150,000 or more
This certification is a material representation of fact upon which reliance was placed when this
agreement was made. Submission of this certification is a prerequisite to entering into this agreement
subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person
who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each failure to file.
The undersigned certifies, to the best of his or her knowledge and belief, that:
a----NNe-federal-iy-appropfiated--tunds-thaw-be n-paitf-or-wiif -be pdid to dny persarrfur inituerrcing--or
attempting to influence an officer or employee of any federal agency, a member of congress, an officer
or employee of congress. or an employee of a member of congress in connection with the awarding of
any federal loan, the entering into of any renewal, amendment, or modification of any federal contract,
grant, loan or cooperative agreement
b. If any non-federal funds have been paid or will be paid to any person for influencing or attempting to
influence an officer or employee of congress, or an employee of a member of congress in connection
with this federal contract, grant loan, or cooperative agreement, the undersigned must complete and
submit the standard form, Disclosure of Lobbying Activities according to ils.instruclrons
c The undersigned will require that the language of this certification be included in award documents
for all subgrant awards at all tiers and that all subgranl recipients must certify and disclose accordingly.
26. State Restrictions on Lobbying
In addition to the provisions contained herein, the expenditure of funds for the purpose of lobbying the
state Legislature or a state agency is prohibited under this contract.
27. Political Activities Limitations
The subgrantee assures that it will comply with provisions of federal law which limit certain political
activities of Stale or local government employees whose principal employment is in connection with an
activity financed ui whole or part by federal grants (5 USC 1501, et seq.)
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23. Fair Labor Standards
The subgrantee assures that it will comply with the minimum wage and maximum hour's provisions of
the Federal Fair Labor Standards Act.
29. Environmental Protection Agency's (EPA) List of Violating Facilities
The subgrantee assures that the facilities under its ownership, lease or supervision which will 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 is under consideration for listing
by the EPA.
30. Flood Disaster Protection Act
The subgrantee 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.
31. National Historic Preservation Act
The subgrantee will assist the Department in its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological
and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by
a. consulting with the State Historic Preservation Officer as necessary, to identify properties fisted in
or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects
(see 36 CFR Part 800.8) by the activity, and notifying the Florida Department of Law Enforcement of
the existence of any such properties and by
b complying with all requirements established by the Federal grantor agency to avoid or mitigate
adverse effects upon such properties.
32. The Coastal Barrier Resources Act
The subgrantee will comply and assure the compliance of all contractors with the provisions of the
Coastal Barrier Resources Act (P L. 97-348) dated October 19. 1982 (16 USC 3501 et seq.) which
"—prohibits ttie--eexpendt ure-of-most-new-F-edefa+ do within4 e its of-tie--Goaskal Baruer Resnurces__� .___._.
System.
33. National Environmental Policy Act (NEPA)
a. The subgrantee agrees to assist the Department in complying with the NEPA and other related
federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee.
This appiies to the following new activities whether or not they are being specifically funded with these
subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any .
third party and the activity needs to be undertaken in order to use these subgrant funds:
(1) New construction:
(2)Minor renovation or remodeling of a properly either (a) listed on or eligible for listing on the
National Register of Historic Places or (b) located within a 100-year flood plain,
(3)A renovation, lease, or any ocher 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, and
(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.
b For any of a subgrantee's existing programs or activities that will he funded by these subgrants, the
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subgrantee, upon specific request from the Department and the U.S. Department of Justice (0OJ),
agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental
assessment of that funded program or activity.
34. Signature Authority
Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative who sign the Signature Page have the
authority to request changes to the approved agreement. The prior mentioned individuals have
authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project
Director has authority to submit requests for approval of specific travel, Financial and Performance
Reports, with the exception of the Closeout Package, which also requires the signature by the Chief
Financial Officer of the Subgrant Recipient or authorized designee.
35. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some other person
signature authority for him/her, the chief officer or elected official must submit to the department a letter or
resolution indicating the person given signature authority The letter indicating delegation of signature authority
must be signed by the chief officer or elected official and the person receiving signature authority. The letter must
also specify the authority being delegated.
36, Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for the
Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department must be
notified in writing with documentation to include appropriate signatures.
37. Supplanting
The subrecipient agrees that funding under this award wit( be used to supplement, but not supplant,
state or local funds for homeland security preparedness. Costs allocated or included in any other
federally financed program must not be Included.
38. Use of Funds
The subrecipient understands and agrees that it cannot use any funding under this award 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 awarding agency.
39. Categorical Exclusions
The subrecipient understands that funding under this award is to enhance its capabilities to prevent,
respond to and recover from incidents of terrorism involving chemical, biological, radiological, nuclear or
explosive weapons and cyber attack. Equipment purchases for this subgrant are restricted to 18
categories that range from personal protective equipment Io search and rescue equipment, to cyber
security equipment and related costs. This action consequently meets the OJP's criteria for categorical
exclusion as contained in Title 40, paragraph 4(b) of Appendix D to Part 61, CFR. Additionally, the
proposed action is neither a phase nor a segment of a project which when viewed in its entirety would
not meet the criteria for a categorical exclusion None of the following activities will be conducted either
under this action or a related third party action
1. New construction
2 Any renovation or remodeling of a property either (a) fisted on or eligible for listing on the National
Register of Historic Places, or (b) located within a 100-year flood plain.
3 A renovation which will change the basic prior use of a facility or significantly change its size
1. Research and technology whose anticipated and future application could be expected to have an
effect on the environment
Implementation of a program involving the use of chemicals
40. Authorized Equipment Expenditures
The equipment, goods, and supplies ("the eligible equipment") purchased with funds provided under
this agreement are tor the purposes specified in "Florida s Domestic Security Strategy" Equipment
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Florida Department of Law Enforcement
Standard Conditions
purchased with these funds will be utilized in the event of emergencies, including, but not limited to,
terrorism -related hazards. The subrecipient shall place the equipment throughout the State of Florida in
such a manner that, in the event of an emergency, the equipment can be deployed on the scene of the
emergency or be available for use at a fixed location within two (2) hours of a request for said
deployment. The Florida Department of Law Enforcement (FDLE) must approve any purchases of
equipment not itemized in a project's approved Initial Strategic Implementation Plan (ISIP) in advance
of the purchase.
The subrecipient will, in accordance with the statewide mutual aid agreement or other emergency
response purpose as specified in the "Florida Domestic Security Strategy," ensure that all equipment
purchased with these funds is used to respond to any and all incidents within its regional response area
as applicable for so long as this Agreement remains in effect. Prior to requesting a response, the FDLE
will take prudent and appropriate action to determine that the level or intensity of the incident is such
that the specialized equipment and resources are necessary to mitigate the outcome of the incident.
The subrecipient shall notify the FDLE Office of Domestic Preparedness at 2331 Phillips Road,
Tallahassee, Florida 32308 one year in advance of the expiration of the equipment's posted shelf -life or
normal life expectancy or when it has been expended. The subrecipient shall notify. the FDLE
immediately if the equipment is destroyed, lost, or stolen.
The subrecipient shall not transfer, rent, sell, lease, alienate, donate, mortgage, encumber or otherwise
dispose of the eligible equipment without the prior written consent of the FDLE.
41. Memorandum of Understanding (MOU) Requirements
The Department Reserves the right to require that applicants of funding under this agreement must
enter into a formal MOU with the local unit of government or urban area, specifying the amount of funds
to be retained by the state and the intended use of the funds. This MOU request must be initiated by
the local unit of government or urban area. Agencies are encouraged, but not required to submit these
MOUs to their Office of Domestic Preparedness Officer for the review to ensure compliance. A final,
executed copy of the MOU must be submitted along with the application for funding to the Department
• and must be available to the Department of Homeland Security upon request.
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