Fort Walton Beach Resolution — 2025-26 Accepting USDOJ Edward Byrne Memorial JAG Grant Funding - Armor Plates — reading text

advance approval requirement to use a noncompetitive approach in a procurement contract under this award are posed on the OJP website at httts://oi p. n ov/fu ndinq/ Exri lore/ Noncom petitiveProcu rement. htm. Additional information on Federal purchasing guidelines can be found in the Guide to Procurements Under DOJ Grants and Cooperative agreements at https:// www.oip.govidoi-guide-to- orocurement- procedures. 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 Section 216.3475, Florida Statutes. 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 and 2 C. F. R. Part 200, 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 Unmanned Aircraft Systems( UAS)- The recipient agrees that no funds under this award( including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems ( UAS), which includes unmanned aircraft vehicles( UAV), or for any accompanying accessories to support UAS. 6. 0 Facial Recognition Technology ( FRT)- In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology ( FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U. S. Constitution, including the Fourth Amendment' s protection against unreasonable searches and seizures and the First Amendment's freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request. 7. 0 Body Armor- Certification of body armor" mandatory wear" policies, and compliance with NIJ standards If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written " mandatory wear' policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab- resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. For PSN, if recipient uses funds under this award to purchase body armor, the recipient is strongly encouraged to have a" mandatory wear" policy in effect. There are no requirements regarding the nature of the policy Page 18 of 27  other than it be a mandatory wear policy for all uniformed officers while on duty. Ballistic-resistant and stab- resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab- resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U. S. C. 10202( c)( 1)( A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https:// nii. oio. gov/topics/equipment-and- technoloqy/ body- armor. 8. 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 CJG 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. 9. 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 CJG 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)( See§ 287. 057( 5), Fla. Stat.). Additional details on the sole source requirement can be found at 2 C. F. R. § 200 and the DOJ Grants Financial Guide. 10. 0 Personnel Services- Recipients may use award funds for eligible personnel services including salaries, wages, and fringe benefits, including overtime in accordance with the DOJ Grants Financial Guide Section 3. 9- Compensation for Personal Services, consistent with the principles set out in 2 C. F. R. § 200, Subpart E and those permitted in the federal program' s authorizing legislation. Recipient employees should be compensated with overtime payments for work performed in excess of the established work week and in accordance with the recipient' s written compensation and pay plan. Documentation- Charges for salaries, wages, and fringe benefits must be supported by a system of internal controls providing reasonable assurance that charges are accurate, allowable, and properly allocated. Documentation supporting charges must be incorporated into the official records of the organization. Charges made to the Personnel Budget Category must reasonably reflect the total time and activity for which the employee is compensated by the organization and cover both federally funded and all other activities. The records may include the use of subsidiary records as defined in the organization' s written policies. Where award recipients work on multiple award programs or cost activities, documentation must support, a reasonable allocation or distribution of costs among specific activities or cost objectives. Federal funds may not be used to pay cash compensation ( salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government' s Senior Executive Service( SES) at an agency with a Certified SES Performance Appraisal System for that year. An award recipient may compensate an employee at a higher rate, provided the amount in excess of the compensation limitation is not paid with federal funds. 11. 0 Contractual Services- The recipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts as described in 2 C. F. R. § 200. 318, General procurement. Requirements for Contractors of Recipients - The recipient assures the compliance of all contractors with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended 34 U. S. C.§ 10101 et seq.; the provisions of the current edition of the DOJ Grants Financial Guide ( httos:// www.oip. gov/doi- financial-guide-2022i. and all other applicable federal and state laws, orders, circulars, or regulations. The recipient must pass-through all requirements and conditions applicable to the federal award to any subcontract. The term contractor" is used rather than the term" vendor" and means an entity that receives a contract as defined in 2 C. F. R. 200. 22, the nature of the contractual relationship determines the type of agreement. Approval of Consultant Contracts - Compensation for individual consultant services must be reasonable and consistent with that paid for similar services in the marketplace. The Federal awarding agency and pass- through entity must review and approve in writing all consultant contracts prior to employment of a consultant when the individual compensation rate exceeds $ 650( excluding travel and subsistence costs) per eight-hour day, or$ 81. 25 per hour. A detailed justification must be submitted to and approved by FDLE, who will coordinate written approval of the Federal awarding agency, prior to recipient obligation or expenditures of such funds. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide Section 3. 6 Consultant Rates and applicable state statutes. The Department's approval of the recipient agreement does not constitute approval of Page 19 of 27  individual consultant contracts or rates. If consultants are hired through a competitive bidding process ( not sole source), the$ 650 threshold does not apply. 12. 0 FFATA Reporting Requirements- Recipients that enter into awards of$ 30, 000 or more should review the Federal Funding Accountability and Transparency Act of 2006 ( FFATA), website for additional reporting requirements at httos:// oio. qov/fundino/ Explore/ FFATA. htm. 13. 0 Travel and Training- The cost of all travel shall be reimbursed according to the recipient's written travel policy. If the recipient does not have a written travel policy, cost of all travel will be reimbursed according to State of Florida Travel Guidelines Section 112. 061, Florida Statutes. Any foreign travel must obtain prior written approval from the Federal awarding agency and pass-through entity. 14. 0 Expenses Related to Conferences, Meetings, Trainings, and Other Events - Award funds requested for meetings, retreats, seminars, symposia, events, and group training activities and related expenses must receive written pre- approval from the Federal awarding agency and pass- through entity and comply with all provisions in 2 C. F. R. § 200.432 and DOJ Grants Financial Guide Section 3. 10; Conference Approval, Planning, and Reporting. Award applications requesting approval for meeting, training, conference, or other event costs must include a completed Conference& Events Submission Form for approval prior to obligating award funds for these purposes. 15. 0 Training and Training Materials- Any training or training materials that has been developed or delivered with award funding under this award must adhere