Fort Walton Beach Resolution — 2023-06 Accepting FDLE Grant for Breaching Equipment & Ballistic Shields — reading text

other materials subject to provisions of s. 119, F. S., unless specifically exempted and/ or made confidential by operation of s. 119, F. S., and made or received by the recipient or its contractor in conjunction with this agreement. The recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 2.0 Monitoring- The recipient agrees to comply with FDLE' s award monitoring guidelines, protocols, and procedures; and to cooperate with FDLE on all award monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/ or site visits. The recipient agrees to provide FDLE all documentation necessary to complete monitoring of the award. Further, the recipient agrees to abide by reasonable deadlines set by FDLE for providing requested documents. Failure to cooperate with award monitoring activities may result in sanctions affecting the recipient's award, including, but not limited to: withholding and/ or other restrictions on the recipient's access to funds, referral to the Office of the Inspector General for audit review, designation of the recipient as a FDLE High Risk grantee, or termination of award( s). 3. 0 Property Management- The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the DOJ Grants Financial Guide, 28 C. F. R. § 66, 2 C. F. R. 200. 313. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this Page 16 of 25  agreement. 4. 0 Award Closeout- Award Closeout will be initiated by the Department after the final payment request has been processed. The final payment request must be submitted within sixty( 60) days of the end date of the award. All performance achievements and performance questionnaires must be completed before the award can be closed. 5. 0 High Risk Recipients- If a recipient is designated" high risk" by a federal award- making agency, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to FDLE' s OCJG. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high- risk point of contact at that federal awarding agency ( name, phone number, and email address), and 4. The reasons for the high- risk status, as set out by the federal awarding agency. 6. 0 Imposition of Additional Requirements- The recipient agrees to comply with any additional requirements that may be imposed by OCJG during the period of performance for this award if the recipient is designated as" high risk" for purposes of the DOJ high- risk list. 7. 0 Retention of Records- The recipient shall maintain all records and documents for a minimum of five( 5) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. The recipient shall comply with State of Florida General Records Schedule GS1- SL for State and Local Government Agencies: httn s:llfidosweb umbracow rod. blob. core.wi ndows. netlmed ia/ 703328/ gs 1- sl- 2020. pdf. 8. 0 Disputes and Appeals - The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the recipient appeals the Department's decision, the appeal also shall be made in writing within twenty- one ( 21) calendar days to the Department' s clerk ( agency clerk). The recipient's right to appeal the Departments decision is contained in § 120, F. S., and in procedures set forth in Rule 28- 106. 104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, F. S. 9. 0 Failure to Address Audit Issues- The recipient understands and agrees that FDLE' s OCJG may withhold award funds, or may impose award conditions or other related requirements, if( as determined by OCJG) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the 2 C. F. R. § 200 Uniform Requirements ( or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews. 10. 0 Single Annual Audit- Recipients that expend$ 750, 000 or more in a year in total federal award funding shall have a single audit or program- specific audit conducted for that year. The audit shall be performed in accordance with the OMB 2 C. F. R. § 200 Subpart F — Audit Requirements and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the recipient shall submit an annual financial audit that meets the requirements of 2 C. F. R.§ 200 Subpart F," Audit Requirements" s. 215. 97, F. S., " Florida Single Audit Act" and Rules of the Auditor General, Chapter 10. 550, and Chapter 10. 650, Local Governmental Entity Audits" and" Florida Single Audit Act Audits Nonprofit and For- Profit Organizations." A complete audit report that covers any portion of the effective dates of this agreement must be performed and submitted to the Federal Audit Clearinghouse within the earlier of thirty( 30) calendar days after receipt of the auditor' s report(s), or nine( 9) months after the end of the audit period. Submissions must include required elements described in Appendix X to 2 C. F. R. § 200 on the specified Data Collection Form( Form SF- SAC). Records shall be made available upon request for a period of five( 5) years from the date the audit report is issued, unless extended in writing by the Department. Recipients that expend less than $ 750, 000 in federal awards during a fiscal year are exempt from the Single Audit Act audit requirements for that fiscal year. In this case, written notification, in the form of the " Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. SECTION VI: AWARD PROCUREMENT AND COST PRINCIPLES Page 17 of 25  1. 0 Procurement Procedures - Recipients must have written procedures for procurement transactions. Procedures must conform to applicable Federal law and the standards in 2 C. F. R. §§ 200. 318- 326. This condition applies to agreements that OCJG considers to be a procurement" contract", and not a second- tier award. The details of the advance approval requirement to use a noncompetitive approach in a procurement contract-under this award are posed on the OJP website at https:// oip.goy/fund inq/ Explore/ Noncom petitivePracu rem ent. htm. Additional information on Federal purchasing guidelines can be found in the Guide to Procurements Under DOJ Grants and Cooperative agreements at httos:l/oio. aov/fundinglimplement/ Resources/ GuideToProcurementProcedures..ndf. 2. 0 Cost Analysis- A cost analysis must be performed by the recipient if the cost or price is at or above the $ 35, 000 acquisition threshold and the contract was awarded non- competitively in accordance with s. 216. 3475, F. S. The recipient must maintain records to support the cost analysis, which includes a detailed budget, documented review of individual cost elements for allowability, reasonableness, and necessity. See also: Reference Guide for State Expenditures. 3. 0 Allowable Costs - Allowance for costs incurred under the award shall be determined according to the general principles and standards for selected cost items set forth in the DOJ Grants Financial Guide, 28 C. F. R.§ 66," Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", and 2 CFR Subpart E, " Cost Principles". 4. 0 Unallowable Costs- Payments made for costs determined to be unallowable by either the Federal awarding agency, or the Department, either as direct or indirect costs, must be refunded ( including interest) to FDLE and the Federal Government in accordance with instructions that determined the costs are unallowable unless state or Federal statute or regulation directs otherwise. See also 2 C. F. R.§§ 200. 300- 309. 5. 0 Indirect Cost Rate - A recipient that is eligible to use the " de minimis" indirect cost rate described in 2 C. F. R. § 200. 414(f), and elects to do so, must advise OCJG in writing of both its eligibility and its election, and must comply with all associated requirements in the 2 C. F. R. § 200 and Appendix VII. 6. 0 Sole Source- If the project requires a non- competitive purchase from a sole source, the recipient must complete the Sole Source Justification for Services and Equipment Form and submit to OCJG upon application for pre- approval. If the recipient is a state agency and the cost meets or exceeds$ 250, 000, the recipient must also receive approval from the Florida Department of Management Services( DMS)( s. 287.057( 5), F. S.). Additional details on the sole source requirement can be found at 2 C. F. R. § 200 and the DOJ Grants Financial Guide. 7. 0 Personal Services- Recipients may use award funds for eligible personal services including salaries, wages, and fringe benefits, including overtime in accordance with the DOJ Grants Financial Guide Section 3. 9- Compensation for Personal Services, consistent with the principles set out in 2 C. F. R. § 200, Subpart E and those permitted in the federal program' s authorizing legislation. Recipient employees should be compensated with overtime payments for work performed in excess of the established work week and in accordance with the recipient' s written compensation and pay plan. Documentation- Charges for salaries, wages, and fringe benefits must be supported by a system of internal controls providing reasonable assurance that charges are accurate, allowable, and