HomeMy WebLinkAboutExhibitFlorida Department of Law Enforcement
Office of Criminal Justice Grants
Post Office Box 1489 Tallahassee, Florida 32302-1489 (850) 617-1250 criminaljusticeCa fdle.state,fl.us
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
STANDARD CONDITIONS
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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 19 of this section.
1. All Subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide (Financial Guide) (www.oip.usdoi.qov/financialquide/index.htm) and
the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance
(www.bia.gov/ProgramDetails.aspx?Program ID=59) as well as Federal statutes, regulations,
policies, guidelines and requirements and Florida laws and regulations including but not
limited to:
• Florida Administrative Code, Chapter 11D-9, "Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program": www.flrules.orql
• Office of Management and Budget (OMB) Circulars: www.whitehouse.gov/omb/circulars
o A-21 (2 CFR 220), "Cost Principles for Educational Institutions
o A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments"
o A-102, "Grants and Cooperative Agreements with State and Local Governments"
o A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and
Cooperative Agreements"
o A-122 (2 CFR 230), "Cost Principles for Non -Profit Organizations"
o A-133, "Audits of States, Local Governments, and Non -Profit Organizations"
• Code of Federal Regulations: www.gpo.gov/fdsys/
O 2 CFR 175.15(b), "Award Term for Trafficking in Persons"
O 28 CFR 38, "Equal Treatment for Faith -Based Organizations"
O 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local
Governments" (Common Rule)
O 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)"
O 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63
• Public Law 109-162, Title XI —Department of Justice Reauthorization, Subtitle B—Improving
the Department of Justice's Grant Programs, Chapter 1—Assisting Law Enforcement and
Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law
Enforcement Block Grant Program:
www.bia.gov/ProgramDetails.aspx?Program ID=59.
• United States Code: www.gpo.gov/fdsys/
o 42 U.S.C. 3711 et seq.; "Omnibus Crime Control and Safe Streets Act of 1968"
• State of Florida General Records Schedule GS1-SL for State and Local Government
Ag encies:http://dlis.dos.state.fl.uslbarm/genschedules/GS2-2008-Rev2010,pdf
• State of Florida Statutes 215.971 (Agreements funded with federal or state assistance) and
215.985 (Transparency in government spending)
2. Requirements for Contractors of Subgrant Recipients
The subgrant recipient assures the compliance of all contractors with the applicable provisions of
Title I of the Omnibus Crime Control and Safe Streets Act ;f 1968, as amended (42 U.S.C. 3711
et seq. at www.gpo.gov/fdsys/); the provisions -of the current edition of the Office of Justice
Programs Financial Guide(www.ojp.usdoj.gov/financialguide/index.htm); and all other applicable
federal and state laws, orders, circulars, or regulations.
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3. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles and standards for selected cost items set forth in the Office of Justice Programs
Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments
and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions."
b. All 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 Govemments, or OMB
Circular A-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement.
4. Reports
a. Project Performance Reports
(1)
Reporting Time Frames: The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, within fifteen (15) days after the end of the reporting period. In addition,
if the subgrant award period is extended beyond the "original" project period, additional
Quarterly Project Performance Reports shall be submitted.
Failure to submit Quarterly Performance Reports that are complete, accurate, and timely
may result in sanctions, as specified in item 19, Performance of Agreement Provisions.
(2) Report Contents: Performance Reports must include a response to all objectives included
in your subgrant. A detailed response is required in the narrative portion for yes/no
performance objectives. The narrative must also reflect on accomplishments for the
quarter and identify problems with project implementation and address actions being
taken to resolve the problems. Additional information may be required if necessary to
comply with federal reporting requirements.
(3)
Submission: Performance Reports may be submitted by the Project Director, Application
Manager, or Performance Contacts.
b. Financial Reports
(1) Project Expenditure Reports
(a) The subgrant recipient shall have a choice of submitting either a Monthly or a
Quarterly Project Expenditure Report to the Department. Project Expenditure
Reports are due thirty (30) days after the end of the reporting period. In addition, if
the subgrant award period is extended, additional Project Expenditure Reports shall
be submitted.
(b) All project expenditures for reimbursement of subgrant recipient costs shall be
submitted on the Project Expenditure Report Forms prescribed and provided by the
Office. of Criminal Justice Grants (OCJG) through the SIMON (Subgrant Information
Management ON -line)
(c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre -
audit and post -audit.
(d) Before the "final" Project Expenditure Report will be processed, the subgrant
recipient must submit to the Department all outstanding project reports and must
have satisfied all special conditions. Failure to comply with the above provisions
shall result in forfeiture of reimbursement.
(e) Reports are to be submitted even when no reimbursement is being requested.
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(f) The report must be electronically signed by the subgrant recipient or implementing
agency's Chief Financial Officer or the Chief Financial Officer designee.
(2) Financial Closeout Audit
(a) The Financial Closeout Audit shall be submitted to the Department within forty-five
(45) days of the subgrant expiration date.
(b) The Financial Closeout Audit must be electronically signed by the subgrant recipient
or implementing agency's Chief Financial Officer or the Chief Financial Officer
designee.
(3) Project Generated Income (PGI)
(a) If applicable, the subgrant recipient shall submit Quarterly PGI Earnings and
Expenditures Reports to the Department within thirty (30) days after the end of the
reporting period covering subgrant project generated income and expenditures
during the previous quarter. If any PGI remains unspent after the subgrant ends, the
subgrant recipient must continue submitting quarterly PGI reports until all funds are
expended. (See Item 11, Program Income.)
(b) PGI Earnings and Expenditures reports must be electronically signed by the subgrant
recipient or implementing agency's chief financial officer or the chief financial officer's
designee.
c. Other Reports.
The subgrant recipient shall repdrt to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
5. Fiscal Control and Fund Accounting Procedures
a. All expenditures and cost accounting of funds shall conform to the Office of Justice
Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and A-110,
or A-102 as applicable, in their entirety.
b. The subgrant recipient is required to establish and maintain adequate accounting systems
and financial records and to accurately account for funds awarded to them. As a subgrant
recipient, you must have a financial management system in place that is able to record and
report on the receipt, obligation, and expenditure of grant funds. An adequate accounting
system for a subgrant recipient must be able to accommodate a fund and account structure
to separately track receipts, expenditures, assets, and liabilities for awards, programs, and
subgrant recipients.
c. All funds spent on this project shall be disbursed according to provisions of the project
budget as approved by the Department.
d. All funds not spent in accordance with this agreement shall be subject to repayment by the
subgrant recipient.
6. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and 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 subgrant recipients for incurred costs is subject to available federal funds.
7. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date, or
subsequent to the termination date, of the subgrant award period. Only project costs incurred on
or after the effective date, and on or prior to the termination date of the subgrant recipient's
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project are eligible for reimbursement. All payments must be completed within thirty (30) days of
the end of the subgrant period.
8. Advance Funding
Advance funding may be provided to a subgrant recipient upon a written request to the
Department. The request must be electronically signed by the subgrant recipient or implementing
agency's Chief Financial Officer or the Chief Financial Officer designee.
9. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds.
The trust fund may or may not be an interest bearing account.
b. The account may earn interest, but any earned interest must be used for program purposes
and expended before the federal grant period end date. Any unexpended interest
remaining at the end of the federal grant period must be submitted to the Office of Criminal
Justice Grants for transmittal to the Bureau of Justice Assistance.
10. Travel and Training
The cost of all travel shall be reimbursed according to the subgrant recipient's written travel
policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be
reimbursed according to State of Florida Travel Guidelines §. 112.061, Fla. Stat. Any foreign
travel must obtain prior written approval.
11. Program Income (also known as Project Generated Income)
a. All income generated as a direct result of a subgrant project shall be deemed program
income.
b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report
to report how much PGI was eamed during each quarter. A report must be submitted each
quarter even if no PGI was earned or expended. PGI Earnings and Expenditures reports
must be electronically signed by the subgrant recipient or implementing agency's Chief
Financial Officer or the Chief Financial Officer designee.
c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants.
Program income must be used for the purposes of and under the conditions applicable to
the award. If the cost is allowable under the federal grant program, then the cost would be
allowable using program income. PGI budget requests must be signed by the subgrant
recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer
designee.
d. Program income should be used as earned and expended as soon as possible. Any
unexpended PGI remaining at the end of the federal grant period must be submitted to
OCJG for transmittal to the Bureau of Justice Assistance.
12. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment
of a consultant when the consultant's 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 prior to obligation or expenditures of such funds. Approval shall be based
upon the contract's compliance with requirements found in the Financial Guide, the Common
Rule, and in applicable state statutes. The Department's approval of the subgrant recipient
agreement does not constitute approval of consultant contracts. If consultants are hired through
a competitive bidding process (not sole source), the $650 threshold does not apply.
13. Property Accountability
a. The subgrant recipient agrees to use all non -expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat.
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b. The subgrant 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 Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for
State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable.
This obligation continues as long as the subgrant recipient retains the property,
notwithstanding expiration of this agreement.
14. 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 Office of Justice Programs
Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and
Local Governments, or the federal OMB Circular A-110 or A-102, as applicable.
15. Copyright
The awarding agency reserves a royalty -free non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for federal government purposes:
a. The copyright in any work developed under an award or subaward, and
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases' ownership
with support funded under this grant agreement.
16. Patents
If any program produces patentable items, patent rights, processes, or inventions, in the course
of work sponsored by the federal award or subaward funds, such facts must be promptly and fully
reported to the awarding agency.
a. Unless there is a prior agreement between the subgrant recipient and the Department on
disposition of such items, the Department may determine whether protection on the invention
or discovery will be sought.
b. The Department will also determine how rights in the invention or discovery (including rights
under any patents issued) will be allocated and administered in order to protect the public
interest consistent with "Government Patent Policy" ("President's Memorandum for Heads of
Executive Departments and Agencies," dated August 23, 1971, and statement of
Government patent policy, as printed in 36 Federal Register 16839).
c. Government regulations have been issued in Title 37 CFR Part 401 by the U.S. Department
of Commerce.
17. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials -that will be published, including web -based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date. The subgrantee understands and agrees that any training materials
developed or delivered with grant funding must adhere to the OJP Training Guiding Principles for.
Grantees and Subgrantees available at
www.oip.usdoj.gov/funding/oiptrainingguidingprinciples.htm
All materials publicizing or resulting from award activities shall contain the following statements:
"This project was supported by Award No. awarded by the Bureau of Justice Assistance,
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".
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18. Audit
a. Subgrant recipients that expend $500,000 or more in a year in federal awards shall have a
single or program -specific audit conducted for that year. The audit shall be performed in
accordance with the federal OMB Circular A-133 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
subgrant recipient shall submit an annual financial audit that meets the requirements of
§ 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat.,
"Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local
Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit
and For -Profit Organizations."
b. A complete audit report that 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 shall include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
G. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriatecorrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, 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 that expend less than $500,000 in federal awards during a fiscal year are
exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case,
written notification, which can be 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
subgrant recipient is exempt. This notice shall be provided to the Department no later than
March 1 following the end of the fiscal year.
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.
g.
h. A scanned copy of the completed audit reports or a link to the electronic audit report should
be sent via email to crim inaljusticea( ..fdle.state.fl.us or mailed to the following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
Post Office Box 1489
Tallahassee, Florida 32302-1489
19. Performance of Agreement Provisions
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 Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
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20. Commencement of Project
a. If a project is not operational within 60 days of the original start date of the award period, the
subgrant recipient must report by letter to the Department the steps taken to initiate the
project, the reasons for delay, and the expected start date.
b. If a project is not operational within 90 days of the original start date of the award period, the
subgrant recipient must submit a second statement to the Department explaining the
implementation delay.
c. 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 subgrant 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.
21. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall 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 shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3)
The subgrant recipient failed to reasonably comply with such order.
c. Upon requestr,of the subgrant recipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly.
22. Grant Adjustments
a. Subgrant recipients must submit a grant adjustment through SIMON for major substantive
changes such as changes in project activities or scope of the project, target populations,
service providers, implementation schedules, project director, 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, Adjustments 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.
b. Subgrant 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.
c. Under no circumstances can transfers of funds increase the total budgeted award.
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d. Requests for changes to the subgrant agreement must be electronically signed by the
subgrant recipient or implementing agency's chief official or the chiefofficial's designee.
23. Disputes and Appeals
a. 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 subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant 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
subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. Stat.,
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 § 120, Fla. Stat.
24. 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 of Florida, have the right of visiting the project site to monitor, inspect and assess work
performed under this agreement.
25. Access to Records
a. 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 subgrant
recipient, implementing agency and contractors for the purpose of audit and examination
according to the Financial Guide and the Common Rule.
b. 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, fetters, or other materials subject to provisions of § 119, Fla. Stat., unless specifically
exempted and/or made confidential by operation of § 119, Fla. Stat., and made or received
by the subgrant recipient or its contractor in conjunction with this agreement.
c. The subgrant 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.
26. Retention of Records
The subgrant 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 subgrant recipient shall comply with State of Florida General
Records Schedule GS1-SL for State and Local Government Agencies:
http://dlis.dos.state.fl.us/barm/genschedules/GS2-2008-Rev2010.pdf
27. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Officials for the
Subgrant recipient or Implementing Agency or any contact information to include mailing address,
phone number, email or title change, project staff must notify the SIMON help desk to update the
organizational information in SIMON. If the project director changes, a grant adjustment must be
entered in SIMON to reflect the change.
28. 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, Fla. Stat. shall
apply.
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a. All positions in programs providing care to children, the developmentally disabled, or
vulnerable adults for 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotline; and all persons working under contract who have
access to abuse records are deemed, to be persons and positions of special trust or
responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level
2 standards set forth in that chapter.
b. 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.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency or employee. When .fingerprinting is required, the fingerprints of the employee
or applicant for employment shall be- taken by the employing agency or by an
authorized law enforcement officer and submitted to the Department of Law
Enforcement for processing and forwarding, when requested by the employing agency,
to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of Law Enforcement for any costs incurred by it in the
processing of the fingerprints.
29. Drug Court Projects
A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court.
Programs,"
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence System
a. The subgrant recipient agrees that any information technology system funded or supported
by the Office of Justice Programs funds will comply with 28 C.F.R. Part 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. Part
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. Part 23 occur, the
subgrant recipient may be fined as per,42 U.S.C, 3789g(c)-(d). The subgrant recipient may
not satisfy such a fine with federal funds.
b. The subgrantee 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 subgrantee agrees the 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.
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32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of the Office of Justice Programs Financial Guide is required from all projects that
are involved with confidential funds. The signed certification must be submitted at the time of
grant application.
33. Civil Rights Compliance
a. Federallaws prohibit recipients of financial assistance from discriminating on the basis of
race, color, national origin, religion, sex, disability, or age in funded programs or activities. All
subgrant recipients, implementing agencies, and contractors must comply with any applicable
statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42
U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C.
§ 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973.
(29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the
Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination
Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice Non -Discrimination
Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith -
based and community organizations).
b. FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability,
or age in the delivery of services or benefits or in employment. The subgrant recipient must
notify program participants and beneficiaries that it does not discriminate on the basis of race,
color, national origin, religion, sex, disability, and age in the delivery of services or benefits or
in employment practices.
c. Subgrant recipients are responsible for ensuring that contractors, vendors, and agencies to
whom they pass -through funds are in compliance with all Civil Rights requirements and that
the contractors, vendors, and agencies are aware that they may file a discrimination
complaint with the subgrant recipient, with FDLE, or with the Office for Civil Rights and how to
do so.
d. Equal Employment Opportunity Plans
(1) A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or
more employees and it has received any single award of $25,000 or more from the
Department of Justice. The plan must be preparedusing the on-line short form at
www.oip.usdoi.gov/about/ocr/eeop complv.htm, must be retained by the subgrant
recipient or implementing agency, and must be available for review or audit. The
organization must also submit an EEO Certification to FDLE.
(2) If the subgrant recipient or implementing agency is required to prepare an EEO Plan and
has received any single award of $500,000 or morefrom the Department of Justice, it
must submit its plan to the Department of Justice for approval. A copy of the Department
of Justice approval letter must be submitted to FDLE. The approval letter expires two
years from the date of the letter.
(3)
A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if
it is has fewer than 50 employees or if it does not receive any single award of $25,000 or
more from the Department of Justice or if it is a nonprofit organization, a medical or
educational institution, or an Indian Tribe. If an organization is exempt from the EEO
Plan requirement, it must submit an EEO Certification to FDLE.
(4) The subgrant recipient and implementing agency acknowledge that failure to comply with
EEO Requirements within 60 days of the project start date may result in suspension or
termination of funding, until such time as it is in compliance.
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e. In the event a federal or state court or federal or state administrative agency makes a finding
of discrimination after a due process hearing 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.
f. In accordance with federal civil rights laws, the subgrant recipient shall not retaliate against
individuals for taking action or participating in action to secure rights protected by these laws.
Subgrant recipients must include comprehensive Civil Rights/Nondiscrimination Provisions in
all contracts funded by the subgrant recipient.
h. If the subgrant recipient or any of its employees, contractors, vendors, or program
beneficiaries has a discrimination complaint, they may file a complaint with the subgrant
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(a,fdle.state.fl.us, Discrimination complaints may also be
submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of
Justice, 810 7th Street, Northwest, Washington, D.C. 20531, or by phone at (202) 307-0690.
i. The subgrant recipient must have procedures in place for responding to discrimination
complaints that employees and clients, customers, and program participants file directly with
the subgrant recipient.
The subgrant recipient must have written policies or procedures in place for notifying program
beneficiaries how to file complaints alleging discrimination by the subgrantee/implementing
agency with FDLE or the OCR.
g•
k. 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.
I. Americans with Disabilities Act
Subgrant recipients must comply with the requirements of the Americans with Disabilities Act
(ADA), Public Law 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).
m. Rehabilitation Act of 1973 (28 C.F.R. Part 42, Subpart G)
If the subgrant recipient has 50 or more employees and receives DOJ funding of $25,000 or
more, the subgrant recipient must take the following actions:.
Adopt grievance procedures that incorporate due process standards and provide for
the prompt and equitable resolution of complaints alleging a violation of the DOJ
regulations implementing Section 504 of the Rehabilitation Act of 1973, found at 28
C.F.R. Part 42, Subpart G, which prohibit discrimination on the basis of a disability in
employment practices and the delivery of services.
(2) Designate a person to coordinate compliance with the prohibitions against disability
discrimination contained in 28 C.F.R. Part 42, Subpart G.
(1)
(3)
Notify participants, beneficiaries, employees, applicants, and others that the
subgrantee/implementing agency does not discriminate on the basis of disability.
n. 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. For more information on the civil rights responsibilities that recipients have in
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providing language services to LEP individuals, please see the website at www.lep.gov.
FDLE strongly encourages subgrant recipients to have a written LEP Language Access Plan.
o. Title IX of the Education Amendments of 1972 (28 C.F.R. Part 54)
If the subgrant recipient operates an education program or activity, the subgrant recipient
must take the following actions:
(1) Adopt grievance procedures that provide for the prompt and equitable resolution of
complaints alleging a violation of the DOJ regulations implementing Title IX of the
Education Amendments of 1972, found at 28 C.F.R. Part 54, which prohibit discrimination
on the basis of sex.
(2) Designate a person to coordinate compliance with the prohibitions against sex
discrimination contained in 28 C.F.R. Part 54.
(3) Notify applicants for admission and employment, employees, students, parents, and
others that the subgrantee/implementing agency does not discriminate on the basis of
sex in its educational programs or activities.
p. Equal Treatment for Faith Based Organizations
The subgrant recipient agrees to comply with the applicable requirements of 28 C.F.R. Part
38, the Department of Justice regulation governing "Equal. Treatment for Faith Based
Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation
provides in part that Department of Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or
proselytization. Recipients of direct grants may still engage in inherently religious activities,
but such activities must be separate in time or place from the Department of Justice funded
program, and participation in such activities by individuals receiving services from the grantee
or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that
organizations participating in programs directly funded by the Department of Justice are not
permitted to discriminate in the provision of services on the basis of a beneficiary's religion.
The subgrantee also understands and agrees that award funds may not be used to
discriminate against or denigrate the religious or moral beliefs of students who participate in
programs for which financial assistance is provided from the award, or the parent or legal
guardian of such students. Notwithstanding any other special condition of this award, faith -
based organizations may, in some circumstances, consider religion as a basis for
employment. See www.oip.gov/about/ocr/equal fbo.htm.
34. 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 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
35. National Environmental Policy Act (NEPA)
a. The subgrant 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 subgrant funds by the subgrant recipient. This applies 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 subgrant recipient
or any third party and the activity needs to be undertaken in order to use these subgrant
funds, Accordingly, the subgrantee agrees to first determine if any of the following activities
will be funded by the grant, prior to obligating funds for any of these purposes. If it is
determined that any of the following activities will be funded by the grant, the grantee agrees
to contact FDLE OCJG.
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(1) New construction
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on
the National Register of Historic Places or (b) 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; 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.
(5) Implementation of a program relating to clandestine methamphetamine laboratory
operations, including the identification, seizure, or closure of clandestine
methamphetamine laboratories.
b. The subgrant 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 subgrant recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed by the
Department of Justice at www.bja.gov/Funding/nepa.html, for programs relating to
methamphetamine laboratory operations.
c. For any of a subgrant recipient's existing programs or activities that will be funded by these
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with the Department of Justice in any preparation
by Department of Justice of a national or program environmental assessment of that funded
program or activity.
36. Mitigation of Health, Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
If an award is made to support methamphetamine laboratory operations the subgrant recipient
must comply with this condition, which provides for individual site environmental
assessment/impact statements as required under the National Environmental Policy Act.
a. General Requirement: The subgrant recipient agrees to comply with federal, state, and local
environmental, health and safety laws and regulations applicable to the investigation and
closure of clandestine methamphetamine laboratories and the removal and disposal of the
chemicals, equipment, and wastes used in or resulting from the operation of these
laboratories. The subgrant recipient also agrees to complete a Methamphetamine Mitigation
Plan (MMP) that includes the nine protective measures or components required by BJA and
submit the plan to FDLE's Office of Criminal Justice Grants.
b. Specific Requirements: The subgrant recipient understands and agrees that any program or
initiative involving the identification, seizure, or closure of clandestine methamphetamine
laboratories. can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, -occupants,
users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste from a seized laboratory's operations are placed or come to rest.
Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible
adverse health, safety and environmental impacts from any of clandestine
methamphetamine operations funded under this award, it will (1) include the nine, below
listed protective measures or components; (2) provide for their adequate funding to include
funding, as necessary, beyond that provided by this award; and (3) implement these
protective measures directly throughout the life of the subgrant. In so doing, the subgrant
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recipient understands that it may implement these protective measures directly through the
use of its own resources and staff or may secure the qualified services of other agencies,
contractor or other qualified third party.
(1) Provide medical screening of personnel assigned or to be assigned by the subgrant
recipient to the seizure or closure if of clandestine methamphetamine laboratories;
(2) Provide Occupational Safety and Health Administration (OSHA) required initial and
refresher training for law enforcement officials and other personnel assigned by the
subgrant recipient to either the seizure or closure of clandestine methamphetamine
laboratories;
(3) As determined by their specific duties, equip personnel assigned to the project with
OSHA required protective wear and other required safety equipment;
(4) Assign properly trained personnel to prepare a comprehensive contamination report on
each closed laboratory;
(5)
Employ qualified disposal contractors to remove all chemicals and associated
glassware, equipment, and contaminated materials and wastes from the site(s) of each
seized clandestine laboratory;
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, properly licensed recycling facilities;
(7)
Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6
immediately above in order to ensure proper compliance;
(8) Have in place and implement an inter -agency agreement or other form of commitment
with a responsible State environmental agency that provides for that agency's (i) timely
evaluation of the environmental conditions at and around the site of a closed clandestine
laboratory and (ii) coordination with the responsible party, property owner, or others to
ensure that any residual contamination is remediated, if necessary, and in accordance
with existing federal and state requirements; and
(9) Have in place and implement a written agreement with the responsible state or local
service agencies to properly respond to any minor, as defined by state law, at the site.
This agreement must ensure immediate response by qualified personnel who can (i)
respond to the potential health needs of any minor at the site; (ii) take that minor into
protective custody unless the minor is criminally involved in the meth lab activities or is
subject to arrest for other criminal violations; (iii) ensure immediate medical testing for
methamphetamine toxicity; and (iv) arrange for any follow-up medical tests,
examinations, or health care made necessary as a result of methamphetamine toxicity
37. Non -Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And
Suspension (Nonprocurement)" These procedures require the subgrant 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 subgrant is $100,000 or more, the subgrant recipient and
implementing agency certify that they and their principals:
a. 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 department or agency;
b. Have not within a three-year period preceding this application been convicted of or had a civil
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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;
c. 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 (1)(b) of this certification; and
d. 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.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more.
b. 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 31 USC 1352. 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.
c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant
certifies that:
(1) No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the making of any federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal grant or cooperative agreement;
(2) If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this federal grant or cooperative agreement, the
undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying
Activities," in accordance with its instructions;
(3)
The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that all subgrant recipients
shall certify and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 38, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Additional Restrictions on Lobbying
The subgrant 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.
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41. "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 as offender's apparent ability to pay, such that disparate conditions of
confinement are created for the same or similar offenders within a jurisdiction.
42. The Coastal Barrier Resources Act
The subgrant recipient 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 the expenditure of most new federal funds within the units of the
Coastal Barrier Resources System.
43. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a. Have an adequate process to assess the impact of any enhancement ofa school security
measure. that is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken.
b. Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
44. Environmental Protection Agency's (EPA) list of Violating Facilities
The subgrant 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.
45. Flood Disaster Protection Act
The subgrant 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.
46. National Historic Preservation Act
It 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).
47. Human Research Subjects
Subgrant 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.
48. 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 grantee to comply with DOJ's
Global Justice information Sharing Initiative (DOJ's Global) guidelines and recommendations for
this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all
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constituent elements, where applicable, as described at: www.it.ojp.gov/gso grantcondition.
Grantee 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.
49. Reporting, Data Collection and Evaluation
The subgrant recipient agrees to comply with all reporting, data collection and evaluation
requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the
Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by FDLE.
50. Privacy Certification
The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section
3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or
information. Subgrant recipient further agrees, as a condition of grant approval, to submit a
Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular,
section 22.23.
51. State Information Technology Point of Contact
The subgrant recipient agrees to ensure that the State Information Technology Point of Contact
receives written notification regarding any information technology project funded by this grant
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 grant funds. In addition, the subgrant recipient agrees to maintain an
administrative file documenting the meeting of this requirement. For a list of State Information
Technology Points of Contact, go to
www.it.ojp.gov/default.aspx?area=colicyAndPractice&page=1046
52. 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 subgrant
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.
53. Supplanting
The subgrant 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 law enforcement activities.
54. Conflict of Interest
The subgrant 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 of interest, or personal gain.
55. Uniform Relocation Assistance and Real Property Acquisitions Act
The subgrant 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.
56. Limitations on Government Employees Financed by Federal Assistance
The subgrant recipient will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28,
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.
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57. Additional Required Certifications
Employees Working Solely on a Single Federal Award
For any position that works 100% of its time on a single federal award, the employee must certify
that 100% of his or her time was spent working on that federal award. This requirement applies
to both full time and part time positions regardless of the percentage of the position's salary that
is charged to the grant. The certification must be signed by both the employee and the
employee's direct supervisor having firsthand knowledge of the work performed by the
employee. The forms must be submitted semi-annually and may not be signed prior to the end of
the reporting period. Certifications must be provided to cover the entire grant period.
Sole Source
if the project requires a purchase of services or equipment from a sole source, the subgrant
recipient must complete the Sole Source Justification for Services and Equipment Form. This
form must be submitted upon application if applicable and pre -approval must be obtained. If the
cost is below $100,000, the form must be kept on file for review at monitoring. If the subgrantee is
a state agency and the cost is at least $150,000, then the agency must submit a copy of the
approval from the Department of Management Services (F.S. 287.057(5)).
ADP Justification
The subgrant recipient must complete an Automated Data Processing (ADP) equipment and
Software and Criminal Justice Information and Communication Systems Request for Approval
form if the purchase of any ADP equipment is to be made. This form must be submitted upon
application if applicable and pre -approval must be obtained.
Confidential Funds Certificate
For all projects involved with confidential funds the subgrant recipient must submit a confidential
funds certificate. This certificate certifies the Project Director has read, understands, and agrees
to abide by the provision in Chapter 8 of the Office of Justice Programs Financial Guide. This
form must be submitted upon application if applicable.
Sole Source, ADP Justification, Privacy Certification forms, and Confidential Funds certifications,
must be signed by the subgrant recipient or implementing agency chief official or an individual
with formal, written signature authority for the chief official.
58. Timesheets
Timesheets must be kept for all project staff whose hours will be charged to the project. The
timesheets must be signed by the supervisor and clearly indicate hours spent on project activities.
59. Additional Documentation of Personnel for Department of Financial Services
In accordance with Section 215.971, Florida Statutes, the Florida Department of Financial
Services may require documentation validation that personnel services were performed on
project -related activities in accordance with the contract agreement.
60. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct
The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office
of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor,
subcontractor, or other person has either 1) submitted a false claim for grant funds under the
False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of
interest, bribery, gratuity, or similar misconduct involving grant funds.
61. Task Force Training Requirement
The subgrant recipient agrees that within 120 days of award, each 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 is provided free of charge online through BJA's Center for
Task Force Integrity and Leadership (www.ctfli.orci). 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 as well
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as other key issues including privacy and civil liberties/rights, task force performance
measurement, personnel selection, and task force oversight and accountability. When FDLE
award funds to support a task force, the subgrant recipient must compile and maintain a task
force personnel roster along with course completion certificates. Additional information is
available regarding this required training and access methods via BJA's web site and the Center
for Task Force Integrity and Leadership (www.ctfli.orq).
62. Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable
Subgrant recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of any contract or subaward to either the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written
approval of OJP.
63. High Risk Subgrant Recipients
The subgrant recipient agrees to comply with any additional requirements that may be imposed
during the grant performance period if the U.S. Department of Justice determines that the
subgrant recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70.
64. 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 subgrant 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 subgrant and to establish
workplace safety policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers.
65. System for Award Management (SAM)
The subgrant recipient must maintain current information in SAM until it submits the final financial
report required under this award or receives the final payment, whichever is later. This requires
that the subgranf recipient review and update the information at least annually after the initial
registration, and more frequently if required by changes in its information or another award term.
66. Maximum Allowable Salary
No portion of these federal grant funds shall be used towards any part of the annual cash
compensation of any employee of the subgrant recipient whose total annual cash compensation
exceeds 110% of the maximum salary payable to a member of the Federal government's Senior
Executive Service at an agency with a Certified SES Performance Appraisal System for that year.
(The salary table for SES employees is available at http://www.opm.gov/oca/pavrates/index.asp.
A subgrant recipient may compensate an employee at a higher rate, provided the amount in
excess of this compensation limitation is paid with non-federal funds.). This limitation on
compensation rates allowable under this award may be waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is
made.
67. DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database
If JAG 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.ncjrs.gov/pdffiiesl/nij/s1001062.pdf
In addition, fundsmay 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).
SFY2015 JAG Standard Conditions Page 21 of 23
Rev. 09/2014
68. interoperable Communications Guidance
Subgrant recipients that are 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-intemet 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 www.safecomprogram.00v/library/lists/library/DispForm.aspx?ID=334.
Subgrant recipients Grantees 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 subgrant recipient shall also ensure projects
support the Statewide Communication Interoperability Plan (SCIP) and are fully coordinated with
the full-time Statewide lnteroperability 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 SWIC to ensure coordination. Subgrant recipients must provide a
listing of all communications equipment purchased with grant award funding (plus the quantity
purchased of each item) to FDLE once items are procured during any periodic programmatic
progress reports.
69. Ballistic -Resistant and Stab Resistant Body Armor
Subgrant recipients that wish to purchase armor with JAG funds must certify that law
enforcement agencies receiving vests have a written "mandatory wear" policy in effect. This
policy must be in place for at least all uniformed officers before funding can be used by the
agency for body armor. There are no requirements regarding the nature of the policy other than it
being a mandatory wear policy for all uniformed officers while on duty. FAQs related to the
mandatory wear policy and certifications can be found at www.bia,gov/Funding/JAGFAQ.pdf.
JAG funds may be used to purchase armor for an agency, but may not be used as the 50%
match for purposes of the Bulletproof Vest Partnership (BVP) program.
Body armor purchased with JAG funds may be purchased at any threat level, make, or model
from any distributor or manufacturer, as long as the vests have been tested and found to comply
with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ
Compliant Body Armor Model List (http://nij.gov). In addition, body armor purchased must be
American -made. The latest NIJ standard information can . be found at:
www.nij.gov/topics/technolo •y/body-armor/safety-initiative.htm
70. BJA or FDLE Sponsored Events
The subgrant recipient agrees to participate in BJA- or FDLE-sponsored training events, technical
assistance events, or conference held by FDLE or BJA or their designees, upon FDLE's or BJA's
request.
71. Expenses Related to Conferences, Meetings, Trainings, and Other Events
The subgrant recipient agrees to comply with all applicable laws, regulations, policies, and
guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences, meetings,
trainings, and other events, including the provision of food and/or beverages at such events, and
costs of attendance at such events. Information on pertinent laws, regulations, policies, and
guidance is available at
http://oip•gov/financialguide/PostawardReouirements/chapterl 5pagel .htm
72. Environmental Requirements and Energy
For subgrants in excess of $100,000, the subgrant recipient must comply with all applicable
standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C.
SFY2015 JAG Standard Conditions Page 22 of 23
Rev. 09/2014
1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR part 15).
The subgrant 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.
73. Other Federal Funds
The subgrantee 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 subgrantee 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 grant
adjustment notice (GAN) to eliminate any inappropriate duplication of funding.
74. Monitoring
The recipient agrees to comply with FDLE's grant monitoring guidelines, protocols, and
procedures, and to cooperate with FDLE on all grant 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 FDLE grant 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 an
award(s).
75. Unmanned Aerial Vehicles
The recipient agrees that awarded funds may not be expended on unmanned aircraft, unmanned
aircraft systems, or aerial vehicles (US, UAS, or UAV) unless the BJA Director certifies that
extraordinary and exigent circumstances exist, making them essential to the maintenance of public
safety and good order. Additionally, any funding approved for this purpose would be subject to
additional reporting, which would be stipulated by FDLE post award.
SFY2015 JAG Standard Conditions Page 23 of 23
Rev. 09/2014
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Signature:
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
ate -of Flori
artment of Law Enforcemei
ice of_Criminal Justice Grant
Typed Name and Title:
Date:
ubgrant Recipid
uthorizing Official of Governmental_
ommission Chairman, Mayor, or Designates
Typed Name of Subgrant Recipient:
Signature:
Typed Name and Title: Daniel J. Alfonso/City Manager
Date:
City of Miami
resentativ
Typed Name of Implementing Agency: City of Miami Police Department
Signature:
Typed Name and Title: Rodolfo Llanes/Chief of Police
Date:
Application Ref #
2015-JAGC-2610 Section #6 Page 1 of 2.
Contract 2015-JAGC-DADE-26-R3-209
Rule Reference 11D-9.006 OCJG-005 (rev. October 2005)
ATTEST
BY:
Todd B. Hanlon
City Clerk
CITY OF MIAMI,
A FLORIDA MUNICIPAL CORPORATION
BY:
Daniel J. Alfonso
City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
BY: BY:
Victoria Mendez
City Attorney
ATTEST
By:
Ann —Marie Sharpe, Director
Risk Management
CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three.
Recipient's Name: city of Miami I DUNS Number: D72220791
Address:444 SW 2 Avenue .
Grant Title: SRO -Truancy Reduction Project -Miami I Grant Number: 2015-JAGC-DADE-26-R3 I Award Amount: 20,590.00
Name and Title of Contact Person: Daniel J. Alfonso
Telephone Number: 305-415-1025 I E-Mail
Address: DJAifonso@miami:gov:com — — ---- _____ -
_
_ :ADeclaration Claiming Complete Exemption from the. EEOP Requirement :.
. ..,
Please cheelE til ttliefollaing loxesthata 7:7
o Recipient leas less than fifty employees. - o Recipient isan Indian tribe o Recipient is a medical institution.' -
;.;'_ o Recipient is anonprofit.organiwation.:::. _ o Recipient is an.educational institution:: o Recipient is receiving an award less than $25 000. `-
"[responsible: official],
certifythat .. = :'. :.::.: 'c_• . -::.. :... -[recipient] is
not required to prepare an EEOP for the reasons) "checked above • , pursuantto 28 C.F.R. § 42.302:
I further -certi that:. .. ....: - ...
'.:;_ ..„.. -, [recipient]
__.... —<...:_:_
will' comply - itli applicable. federal civil rights laws that prohibitdisc -irnmatton m employment' and iii the: delivery of
services::
-
Pfint or.TypeName' and.Title :: - ,:.:::::: .:::'.: _':: - -:':.° .-,:; .>; Signature. •.': - _. :_ : =r:: .::,Date ::.
Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying
That an EEOP Is on File for Review
If a recipient agency has fifty or more employees and is receiving a single award or subaward of $25, 000 or more, but less than $500,000, then the
recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following (42 C.F.R. § 42.305):
I Daniel J. Alfonso [responsible official],
certify that The City of Miami [recipient],
which has fifty or more employees and is receiving a single award or subaward for $25,000 or more, but less than
$500,000, has founulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last
twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable
federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for
Civil Rights, Office of Justice Programs, U.S. Department of Justice. The ESOP is on file at the following office:
City of Miami [organization],
444 Southwest 2 Avenue Miami,Florida 33130-1910 [address].
Daniel J. Alfonso
Print or Type Name and Title Signature Date
Section 'Deelaration:Sfafiii that -"an EEOFf i tilization e` - - - • poras eeri u 'mittecl to the:Office`fo-
r=
Civil Rights. for. Review
' If a recipient. agency has fiftyormore employees and is receiving a single award or subaward Of $500, 000 or, more th-en.the recpzent agenc must °
send an EEOP UtihzaiionReport to' the.00R for review;`:
[responsible .offccial],
certify_ that - _.. - _ _ -';':-:!II.- - -
•recilent
-which`has:fify or_�more employees:and-is'receiving a-single-award:bf.$500,000:or'znore`.-has‘"foiiiiulated an.EEOE:m
accordance with 28 CFR t' 42 sub t E and sent rt for review on; ate
Office for CiyiTRights ;Office'of Justice Pro ams- U.S: De' artn e � = _ = =
., ... ... : _ -: .. _ :_ .. _,� ......:.: ,�'.,. _... of Justice::
Print orT- eNarrieandTitle'.:' .:::` .:_' '-.;; ,.. _.. Sz _....,-
gn re.. ate.:
pproval No. 1121-0340 Expuahon Date:
INSTRUCTIONS
Completing the Certification Form
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
The federal regulations implementing the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as
amended, require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's
administrative provisions to create, keep on file, submit to the Office for Civil Rights (OCR) at the Office of Justice
Programs (OJP) for review, and implement an Equal Employment Opportunity Plan (ESOP). See 28 C.F.R..pt. 42, subpt.
E. All awards from the Office of Community Oriented Policing Services (COPS) are subject to the ESOP requirements;
many awards from OJP, including awards from the Bureau of Justice Assistance (BJA), the Office of Juvenile Justice and
Delinquency Prevention (OJJDP), and the Office for Victims of Crime (OVC) are subject to the EEOP requirements; and
many awards from the Office on Violence Against Women (OVW) are also subject to the EEOP requirements. If you
have any questions as to whether your award from the U.S. Department of Justice is subject to the Safe Streets Act's
EEOP requirements, please consult your grant award document, your program manager, or the OCR.
Recipients should complete either Section A or Section B or Section C, not all three.
Section A
The regulations exempt some recipients from all of the EEOP requirements. Your organization may claim an exemption
from all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization, an educational
institution, a medical institution, or an Indian tribe; or it received an award under $25,000; or it has less than fifty
employees. To claim the complete exemption from the EEOP requirements, complete Section A.
Section B
Although the regulations require some recipients to create, maintain on file, and implement an EEOP, the regulations
allow some recipients to forego submitting the EEOP to the OCR for review. Recipients that (1) are a unit of state or
local government, an. agency of state or local government, or a private business; and (2) have fifty or more employees;
and (3) have received a single grant award of $25,000 or more, but less than $500,000, may claim the limited exemption
from the submission requirement by completing Section B. In completing Section B, the recipient should note that the
EEOP on file has been prepared within twenty-four months of the date of the most recent grant award.
Section C
Recipients that (1) are a unit of state or local government, an agency of state or local government, or a private business,
and (2) have fifty or more employees, and (3) have received a single grant award of $500,000 or more, must prepare,
maintain on file, submit to the OCR for review, and implement an EEOP. Recipients that have submitted an EEOP
Utilization Report (or in the process of submitting one) to the OCR, should complete Section. C.
Submission Process
If a recipient receives multiple awards subject to the Safe Streets Act, the recipient should complete a Certification Form
for each grant. Recipients of awards from OJP and OVW should download the online Certification Form, have the
appropriate official sign it, electronically scan the signed document, and. then upload the signed document into the
appropriate grant file in OJP's Grants Management System. The document must have the following title: EEOP
Certification. Recipients of awards from COPS should download the online Certification Form, have the appropriate
official sign it, electronically scan the signed document, and then send the sided document to the following e-mail
address: EEOPForms(a usdoj.gov. If you have questions about completing or submitting the Certification Form, please
contact the Office for Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, DC 20531 (Telephone:
(202) 307-0690 and TTY: (202) 307-2027).
OMB Approval No. 1121-0340 Expiration Date: 05/31/14
Public Reporting Burden Statement
Paperwork Reduction Act Notice. Under the Paperwork Reduction Act,_a person is not required to respond to a collection
of information unless it displays a current valid OMB control number. We try to create forms and instructions that are
accurate, can be easily understood, and which impose the least possible burden on you to provide us with information.
The estimated minimum average time to complete and file this application is 20 minutes per form. If you have any
comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the
Office of Justice Programs, 810 7th Street, N.W., Washington, D.C. 20531.