Fort Walton Beach — 2014-3 Accept Ed Byrne Grant

Tae Se RESOLUTION 2014-3 “in Feaas| RS -Libse A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR ESSENTIAL EQUIPMENT REPLACEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION OF ACCEPTANCE; AUTHORIZING f-— cara A BUDGET AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. ben Whereas, The Florida Department of Law Enforcement through the Edward Byrne Memorial Justice Assistance Grant provides funding to reduce crime and improve public safety, and Whereas, The City is eligible to participate in this competitive grant program, and has applied for and been awarded project total of $4,863.00 ($4,863.00 grant funds and $0 City match) for Essential Replacement Equipment, and Whereas, The City Council finds that is in the best interests of the citizens of Fort Walton Beach to participate in the Edward Byrne Memorial Justice Assistance Grant, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA THAT: Section 1. The City Council hereby authorizes the Mayor to execute the grant award; the City Manager to execute all necessary documents to complete grant-related purchases; and a budget amendment to record the grant. Budget Amendment for Grant Funds: Revenue Expense 102-1579-331-2000 $4,863 102-1579-521-6406 $4,863 Section 2. This Resolution shall take effect immediately upon approval by the City Council and signature of the Mayor. Adopted by the City Council on this 25th day of February, 2014. ® Mule Mike Anderson, Mayor Attest; Approved for form, |! € Helen Spencer, City/Clerk ; = 4 ess Florida Department of - Business Support ‘ Rick Scott, Governor _ Law Enforcement Office of Criminal Justice Grants Pam Bondi, Attomey General . Post Office Box 1489 Jeff Atwater, Chief Financial Officer Gerald M. Bailey Tallahassee, FL 32302-1488 Adam Putnam, Commissioner of Agriculture Commissioner (850) 617-1250 . www. fdle.state.fl.us FEB 7 2014 The Honorable Michael Anderson Mayor City of Fort Walton Beach 107 Miracle Strip Parkway Fort Walton Beach, FL 32548-6614 Re: Contract No. 2014-JAGD-OKAL-3-E6-081 _ Dear Mayor Anderson: The Florida Department of Law Enforcement is pleased to award an Edward Byme Memorial Justice Assistance Grant to your unit of government in the amount of $ 4,863.00 for the project entitled, ESSENTIAL REPLACEMENT EQUIPMENT. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. . As you may be aware, information from subgrants and performance reports are currently provided to the Department of Justice under the Performance Measurement Tool (PMT) and Federal Funding Accountability and Transparency Act (FFATA) to meet current federal transparency requirements. However, the State of Florida'recently passed legislation requiring all contracts, including grants for state or federal financial assistance, be provided to the . Department of Financial Services via the Florida Accountability Contract Tracking System (FACTS). This grant contract and all subsequent correlating information including performance reports, expenditure reposts, grant amendments, etc. are provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of Florida for transparency in government spending. “If this grant agreement contains confidentia!_or exempt information not subject to disclosure under the public records law, Chapter 119, F.S., (such as the names of personnel and disclosure of equipment for certain undercover operations, etc. that may result in officer names or other sensitive information on grant documents and expenditure reports) please contact the Office of Criminal Justice Grants for information on requesting exemption from public records disclosure. Please complete and return the enclosed Certification of Acceptance to the Office of Criminal Justice Grants within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. We look forward to working with you on this project. Please contact Planning Manager Annamarie Whatley at (850) 617-1250 if you have any questions or we can be of further assistance. Sincerely, Teng THe Gren ON |") - Ss : Petrina Tuttle Herring cor. + Administrator . Reade ; C $ " PTH/AW/AL Cc r a a Enclosures Mn ot t- Service + Integrity * Respect + Q SUBGRANT AWARD CERTIFICATE | Subgrantee: City of Fort Walton Beach Date of Award: C21Ce/25iu Grant Period: From: 02/01/2014 TO: 06/30/2014 Project Title: ESSENTIAL REPLACEMENT EQUIPMENT . Grant Number: 2014-JAGD-OKAL-3-E6-081 Federal Funds: $ 4,863.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 4,863.00 CFDA Number. 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Part E of Title | of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1 of such part (42 U.S.C. 3751-3759); the Consolidated Appropriations Act, 2008,;Public Law 110-161; and 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, Section 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and * Administrative Guide for Grants, Guideline Manual 7100 1D, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 4100-690. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Authorized Official Petrina Tuttle Herring Administrator Ce lot, (zi Date () This award is subject to special conditions (attached). ; Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Organization Name: City of Fort Walton Beach County: Okaloosa Chief Official Name: Michael Anderson Title: Mayor Address: 107 Miracle Strip Parkway City: Fort Walton Beach State: FL Zip: 32548-6614 Phone: 850-833-9639 Ext: Fax: 850-833-9640 Email: fwbmayor@fwb.org Chief Financial Officer Name: Brandy Ferris Title: - Finance Director Address: 107 Miracle Strip Parkway Southwest City: Fort Walton Beach State: FL Zip: 32548 Phone: 850-833-9512 *Ext: | . Fax: 850-833-9640 Email: bferris@fwb.org Application Ref# 2014-JAGD-1493 - Section #1 Page 1 of 2 Contract 2014-JAGD-OKAL-3-E6-081 Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct implementing Agency Organization Name: County: Okdloosa Chief Official — Name: Theodore Litschauer Title: Chief of Police Address: 7 Hollywood Boulevard Northeast City: Fort Walton Beach State: FL Zip: 32548-4920 Phone: 850-833-9532 Ext: Fax: 850-833-9563 Email: tlitschauer@fwb.org Project Director Name: Title: Address: City: State: Phone: Fax: Email: Darrell Bruhn Captain 7 Northeast Hollywood Boulevard Fort Walton Beach FL Zip: 32548 850-833-9537 Ext: 850-833-9563 dbruhn@fwb.org Application Ref# | 2014-JAGD-1493 Contract 2014-JAGD-OKAL-3-E6-081 Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) City of Fort Walton Beach Police Department Section #1 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct General Project Information Project Title: ESSENTIAL REPLACEMENT EQUIPMENT Subgrant Recipient: City of Fort Walton Beach Implementing Agency: City of Fort Walton Beach Police Department Project Start Date: 2/1/2014 End Date: 6/30/2014 Problem Identification The Fort Walton Beach Police Department is in dire need of essential equipment used in the day to day functions of the organization. Budget limitations and shortfalls have impeded or prevented our ability to replace worn or decrepit items. Acquistion of necessary items will enhance operational safety and efficiency. Problems in the community creating the need for equipment are manifold: increasing calls for service create an increased demand on communication officers and make a smooth flow of information imperative, i.e. the need for new computer screens and headsets, increased risk out in the field make night sights and shield light critical for officers, citizen needs dictate they be able to speak with records personnel through protective glass via an intercom system, the volume of serious crimes creates a need for frequent communication between a detective and detective supervisor facilitated through the ear bud system and increased administrative workload creates the need for appropriate chairs and shredder. Project Summary (Scope of Work) The Fort Walton Beach Police Department would like to purchase and deploy the new equipment to multiple units within the organization who have needs particular to their job function. The computer screens will allow Communications Officers to view all of their information on one large screen per station for ease of use. Night sights will be installed on duty firearms of officers who work primarily after dark. The commercial shredder will facilitate the destruction of confidential documents by the staff assistant to the Chief of Police. The office chairs will replace wom ones that are in use by records clerks for long periods of desk work. The handgun lights will provide illumination for Tactical Response Team members who respond to high risk incidents. The intercom system will allow for communication between citizens and records clerks at the records public window. The shield light will be mounted to a ballistic shield and provide illumination for members of the Tactical Response Team on high risk missions. The head-sets will allow hands free dispatching for Communication Officers and are especially useful for people in training. The ear-bud system will allow information to be passed covertly from one officer to another. ae Application Ref # 2014-JAGD-1493 Section #2 Page 1 of 2 Contract 2014-JAGD-OKAL-3-E6- Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer:. No Question: Part 1: In your business or organization's preceding completed fiscal year, did your business or organization (the subgrantee) receive (1) 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? If yes, answer "yes" or "no" to Part 2, below. Answer: No Question: Part 2: Does the public have access to information about the compensation of the executives in your business or organization (the subgrantee) through periodic reports filed under section 13(a) or 45(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 780(d)) or section 6104 of the Internal Revenue Code of 1986? If answer to Part 1, above, was "no," answer N/A. Answer: N/A ‘ Application Ref # 2014-JAGD-1493 Section #2 Page 2 of 2 Contract 2014-JAGD-OKAL-3-E6- ; Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) _ Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 - Law enforcement programs State Purpose Area: A - Accomplishments: Includes any accomplishments during the reporting period. Required for all projects. Activity Description Activity: Law Enforcement , Target Group: Adults - Male or female* Geographic Area: Rural Location Type: Police Department - . Objectives and Measures Objective: A1 - Report on program accomplishments Measure: Part 1 Please briefly describe what your program's accomplishments will be. Please include any benefits or changes to be observed as a result of JAG-funded activities, such as program completion, or changes in attitudes, skills, knowledge, or conditions. [500-character limit] Goal: Acquisition of essential equipment will enhance the eficiency and safety of daily operations. Multiple units will benefit from the replacement of worn or non-functional equipment. Objective: A2 - Report on usage of crimesolutions.gov Website . Measure: Part 1 Will you be using the crimesolutions:gov Website? Goal: ° No" Objective: A3 - Report on subgrants from grantees other than FOLE Measure: Part 1 Are you a subrecipient of a JAG award from another JAG grantee (other than FDLE)? An agency can be a primary recipient of a JAG award from BJA anda subrecipient of a JAG award from another JAG award primary recipient. Do not consider awards that you receive directly from USDOJ. Goal: - No Measure: Part 2 if yes, enter grantee organization or agency name. Goal: N/A Application Ref # 2014-JAGD-1493 Section #3 Page 1 of 4 Contract 2014-JAGD-OKAL-3-E6- Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct State Purpose Area: E - Equipment Purchases and/or Technology Investments: Includes activities where equipment purchases or technology investments were made that improve efficiency and/or cost savings. Activity: Activity Description Equipment Purchases and/or Technology Investments Target Group: Equipment Purchases and/or Technology Investments Geographic Area: Rural Location Type: Police Department Objective: Measure: Goal: Objective: Measure: Goal: Objective: Measure: Goal: Objectives and Measures E1 - Report on JAG funding allocated for equipment and/or technology investments Part 1 How much JAG funding has been allocated for equipment purchases and/or technology investments? Please‘report in dollars (§). $4863 ; E2 - Make equipment purchases and/or technology investments x Part3 What types of equipment purchases and/or technology investments will be made with JAG funds? In your response, please list all that apply from the following choices: Security Systems (station or evidence room), Tactical Vests/Body Armor, Undercover Surveillance Equipment (microphones, video), Vehicles , Video Observation (station, community, pole cams), Other. Do not select other if your item fits into any of the - categories above. If other, state “other” and specify. other -computer screens, night sights, shredder, office chairs, handgun lights, intercom, head sets, tactical shield light, ear bud system E3 - Achieve efficiencies or cost savings as a result of equipment purchases and/or technology investments. Part 1 Describe any efficiencies or cost savings that will be achieved as a result of an equipment purchase and/or technology investment. computer screens will allow communications officers to have all needed information on one screen per station, handgun lights and tactical shield light will provide ilumination in high risk incidents and facilitate safety. Intercom will allow public to speak with records personnel more clearly. Headsets will allow for hands free dispatch. Ear bud will allow monitoring of conversations with suspects and : witnesses. Application Ref # 2014-JAGD-1493 Section #3 Page 2 of 4 Contract 2014-JAGD-OKAL-3-E6- , Rule Reference 110D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance ~ Florida Department of Law Enforcement Justice Assistance Grant - Direct Application Ref # 2014-JAGD-1493 Section #3 Page 3 of 4 Contract 2014-JAGD-OKAL-3-E6- Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer. N/A , Question: If "other" was selected for Iccation type, please describe. Answer: N/A Application Ref # = 2014-JAGD-1493 Section #3 Page 4 of 4 Contract 2014-JAGD-OKAL-3-E6- Rule Reference 11D-9.006 OCJG-005 (rev. Apri! 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR / Vendor Number: 596000323 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 . $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $2,863.00 ‘ $0.00 $2,863.00 Operating Capital $2,000.00 $0.00 $2,000.00 Outlay indirect Costs - $0.00 . $0.00 $0.00 - Totals — $4,863.00 $0.00 $4,863.00 Percentage 100.0 0.0 , 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # _2014-JAGD-1493 Section #4 Page 1013 Contract 2014-JAGD-OKAL-3-E6- Rule Reference 11D-9.008 OCJG-005 (rev. April 2005) ™~ Ap;-..cation for Funding Assistai je oy Florida Department of Law Enforcement Justice Assistance Grant - Direct ie : sil i2binan a Budget Narrative: Operating Capital Outlay: Computer screens 2@ 700ea, + shipping 100 = 1500 Shredder 1@ 500 = 500 Total OCO $2000 Expenses: all items are approximates Office chairs 2@ 250ea = 500 Handgun lights 3@ 120ea + shipping 40 = 400 Intercom 1@ 325 + shipping 20 = 345 head-sets 3@ 80ea + shipping 30 = 270 Tactical shield light 1@ 200 + shipping 23 = 223 Ear bud system 1@ 65 + shipping 30 = 95 Night sights 10 @100ea + shipping 30 = 1030 Total expenses $2863 Grand total $4863 Application Ref # 2014-JAGD-1493 Section #4 Page 2 of 3 Contract 2014-JAGD-OKAL-3-E6- _ Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement’ - Justice Assistance Grant - Direct Question: _ If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? . Answer: N/A Question: - If benefits are to be included, are they reflected in the budget narrative? - Answer: N/A Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriff's office. Answer: $500 ; Question: _ If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of | salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/A Question: _ If the budget includes services based on unit costs, provide a definition and cost for ‘ each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref #. 2014-JAGD-1493 Section #4 Page 3 of 3 Contract 2014-JAGD-OKAL-3-E6- Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) _ Florida Department of Law Enforcement Office of Criminal Justice Grants . Post Office Box 1489 Tallahassee, Florida 32302- 1489 (850) 617-1250 criminaljustice@fdle. ate. fl.us Edward Byrne Memorial Justice Assistance Grant (JAG) Program STANDARD CONDITIONS SFY2014 JAG Standard Conditions ; Page 1 of 22 Rev, 09/2013 , ; 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 18 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.ojp.usdoj.gov/financialquide/index.htm) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance (www.bja.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: e Florida Administrative Code, Chapter 11D-9, “Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program”: www.firules.org/ e 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” 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 2CFR175.15(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.bja.gov/ProgramDetails.aspx?Program ID=59. e United States Code: www.gpo.gov/fdsys/ o 42U.S.C. 3711 et seq., “Omnibus Crime Control and Safe Streets Act of 1968” © State of Florida General Records Schedule GS1-S Arn H eal Agencies: dlis.dos.state.fl.us/barm/genschedules/G: 2. . Requirements for Contractors of Subgrant Recipients The subgrant recipient assures the compliance of all contractors with the applicable provisions of Title | of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. 3711 et seq. at www.gpo.gow/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. SFY2014 JAG Standard Conditions . Page 2 of 22 Rev. 09/2013 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 federat 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 Governments, or OMB Circular.A-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement. 4. Reports Project Performance Reports a. ‘ (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project (2) (3) 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 18, Performance of Agreement Provisions. 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 refléct on accomplishments for the quarter and identify problems with project implementation and address actions ‘béing taken to resolve the problems. Additional information may be required if necessary to comply with federal reporting requirements. , ; 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. i , (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 Subgrant Information Management ON-line (SIMON) system. (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. SFY2014 JAG Standard Conditions Page 3 of 22 Rev. 09/2013 (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 PG! 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. {f 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. , ui . a c. Other Reports ' The subgrant recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. « N 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. SFY2014 JAG Standard Conditions Page 4 of 22 Rev. 09/2013 -7. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstancés 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 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. 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 earned 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 allt consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) per eight-hour day. 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 $450 threshold does not apply. -SFY2014 JAG Standard Conditions Page 5 of 22 Rev. 09/2013 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. The subgrant recipient shail 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. 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). : 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.0jp.usdoj.gov/funding/ojptraining guidingprinciples.htm SFY2014 JAG Standard Conditions Page 6 of 22 Rev. 09/2013 All materials publicizing or resulting from award activities shall contain the following statements: “This project was supported by Grant No. (contact the Office of Criminal Justice Grants for award number awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.” 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. Acomplete 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. a c. The subgrant recipient shall have all audits completed by an Independént Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. . d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. 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. - g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. A scanned copy of the completed audit reports or a link to the electronic audit report should be sent via email to criminaljustice@fdle.state.fl.us or mailed to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 SFY2014 JAG Standard Conditions Page 7 of 22 Rev. 09/2013 Tallahassee, Florida 32302-1489 -49. 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. 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. 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. 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. 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. Upon request 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. Written Approval of Changes in this Approved Agreement (Grant Adjustments) a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, SFY2014 JAG Standard Conditions Page 8 of 22 Rev. 09/2013 implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total - budget between budget categories. _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. d. Requests for changes to the subgrant agreement must be electronically signed by the subgrant recipient or implementing agency's chief official or the chief official's designee. e. Any certifications required for the requested changes, such as Sole Source, ADP Justification, Privacy Certification forms, and Confidential Funds certifications, must be signed by the subgrant recipient or implementing agency chief official or someone with formal, written signature authority for the chief official. 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. . %. . - s 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, letters, or other materials subject to provisions 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 SFY2014 JAG Standard Conditions Page 9 of 22 Rev. 09/2013 of duly authorized persons. The subgrant recipient shail comply with State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: ’ dlis.dos.state.fl.us/barm/genschedules/GS1-SL.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, project staff must notify the help desk for FDLE’s online grants management system, SIMON (Subgrant Information Management Online) so that - the organization can be updated in SIMON. (f 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. shail apply. 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 shal 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.” ‘ SFY2014 JAG Standard Conditions . Page 10 of 22 Rev. 09/2013 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by jaw 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. 3789q(c)-(d). The subgrant recipient may not satisfy such a fine with federal funds. 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. 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 Financia! Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. Ny rm 33. Civil Rights Compliance a. Federal laws 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 inciude 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). 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. 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. SFY2014 JAG Standard Conditions Page 11 of 22 Rev. 09/2013 ; 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 prepared using the on-line short form at www.oip.usdoj.gov/about/ocr/eeop_comply.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 more from the Depariment 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 coraply 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. e. Inthe 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 retaliatesagainst individuals for taking action or participating in action to secure rights protected by these laws. g. 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, of program beneficiaries has a discrimination complaint, they may file a complaint with the subgrant recipient, with FDLE of 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 on-line at www.fdle.state.fl.us/contacts/comment_form.html. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7” 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 cli nd program participants file directly with the subgrant recipient. j. ‘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 FOLE or the OCR. 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 compiaint. |. Americans with Disabilities Act SFY2014 JAG Standard Conditions ; Page 12 of 22 Rev. 09/2013 . 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 1), state and local government services and transportation (Title !I), public accommodations (Title Ill), 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: (1) 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. - (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 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. 0. 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 SFY2014 JAG Standard Conditions .Page 13 of 22 Rev. 09/2013 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.ojp.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 {mmigration 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, : (1) New construction; ‘ C. (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; (3) Arenovation, 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. 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. - 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. andthe 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 SFY2014 JAG Standard Conditions Page 14 of 22 Rev. 09/2013 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. , 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 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. - a on « (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 SFY2014 JAG Standard Conditions , Page 15 of 22 Rev. 09/2013 - 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 (8) 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 fab 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 bénefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtair’ 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; 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 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. 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. _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? SFY2014 JAG Standard Conditions - Page 16 of 22 Rev, 09/2013 (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 36, 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. 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 of a schoo! 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 ~~ Bepartment the aforementioned assessment in its Final Program Réporty “oe SFY2014 JAG Standard Conditions Page 17 of 22 Rev. 09/2013 . nme 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. f 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 shail conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: www.it.ojp.gov/gsp_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 evaluatio 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 SFY2014 JAG Standard Conditions Page 18 of 22 Rev. 09/2013 §2. §3. 54. 55. 56. 57. 58. 59. 60. 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=policyAndPractice&&page=1046. 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. ; 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. 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. 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. 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. Certification for 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. ° 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. Additional Documentation of Personne! 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. 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 SFY2014 JAG Standard Conditions. Page 19 of 22 Rev. 09/2013 ; 61. 62. ! 63. 64. 65. 66. 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 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.org). 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 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.org). 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. , High Risk Subgrant Recipients i 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. Text Messaging While Driving ‘ Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), 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. 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 subgrant 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. 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/payrates/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 discrétion of thé OUP official ifdicated in the program annouficement under Which this” award is made. - SFY2014 JAG Standard Conditions Page 20 of 22 Rev. 09/2013 ‘ @ , 0 67. DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database lf 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 nejrs.zov/pd ffiles 1/nij/sl000989.pdf. 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-internet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) Waiver Order. SAFECOM guidance can be found at www.safecomprogram.gov/library/lists/library/DispF orm.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 Interoperability Coordinator (SWIC). If any future regulatory requirement ! (from the FCC or other governmental entity) results in a material technical or financial change in the project, the recipient should submit associated documentation, and other material, as applicable, for review by the 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 6 progress reports. : < 69. Ballistic-Resistant and Stab Resistant Body Armor Subgrant recipients that wish fo 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 vests. 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.bja.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.zov/topics/technology/body-armor/safety-initiative.htm. 70. BJA or FDLE Sponsored Events The subgrant recipient agrees to participate in BJA- or F DLE-sponsored training events, technical assistance events, or conference held by FDLE or BJA or their designees, upon FDLE’s or BJA’s request. - 74; Expenses Related-to.Conferences, Meetings, Trainings, and Other Events kes saeeee The subgrant recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where SFY2014 JAG Standard Conditions Page 21 of 22 Rev. 09/2013 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 www.ojp.gov/funding/confcost.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. 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 f 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. SFY2014 JAG Standard Conditions Page 22 of 22 Rev. 09/2013 I ' 3 . ¥ * Essential Equipment Replacement CERTIFICATION FO - ; 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 Fort Walton Beach | DUNS Number0794551016667 Address:LO7 Miracle Strip Pky, Fort Walton Beach, FL 32548 Grant TitleEssential Equipment Replace Grant Number: 20/4-JRED4493] Award Amount: 4,863 Name and Title of Contact Person: Capt. Darrell Bruhn, Peove pe | E-Mail Address: at 3 ‘Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review i Ifa 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, __ [responsible official], | certify that *- x. [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 formulated 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 EEOP is on file at the following office: _ forganization], _ [address]. Print or Type Name and Title Signature Date TT SSE that an EEOP Utilization Rep Seeton CDeclaration Stating ‘Civil Rights for Review . ‘Ifa recipieni agency has fifty or more employees and is receiving a single award or subaward of $ 500, 000 or more, then the recipient agency must . -send an EEOP Utilization Report to the OCR for review. ; ; ; “ ; {responsible official}, | é ‘certify that _ — oe — _____._. [recipient}, -which-has fifty or more employees and is receiving a singlé award of $500,000 or more, has formulated an EEOP- in accordance with-28 CFR pt. 42, subpt. E, and sént it for review on _. _ __-__ [date] to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. Print or Type Name and Title Signature . Date OMB Approval No. 1121-0340 Expiration Date: 05/31/14 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - Direct 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. _ Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. CST EPCRA en EIR pessoa tater Otek lort ST NT SPECT ETS mentofiza 3 Seat y} ee nape ze eueoesee Serres mace iminale 2 a, ee ae ‘ Signature: CW “ Heino Petrina T. Herring, Administrator Typed Name and Title: Date: L2 ete | Zo /U x s Typed Name of Subgrant Recipient: City of Fort Waltan Reach Signature: Af Typed Name and Title: Mavor Mike Anderson Date: Januarv 8. 2014 Typed Name of Implementing Agency: Fort Walton Beach Police Department Signature: od debuts Typed Name and Title: .._Chief Ted Titschauer Date: Jaruary 8. 2014 Application Ref # 2014-JAGD-1493 Section #6 Page 1 of 1 Contract -JAGD-OKAL- - - Rule Reference 11D-9.006 OCIJG-005 (rev. April 2005) “4 Regular Meeting Minutes February 25, 2014 QUASI JUDICIAL HEARINGS—LANDMARK DEVELOPMENT AGREEMENT The City Attorney announced a quasi-judicial proceeding and gave the oath to those who planned to participate. There was no ex-parte communication from Council regarding this item. Mr. Mead advised he would abstain from voting due to the representation of clients involved with the matter. Tim Bolduc, Engineering/Utility Services Director, advised this is the second public hearing to discuss this issue. He discussed the- proposed terms and conditions of the new Development Agreement including all previous development agreements, orders, and/or memorandum of agreements are null and void. Also, the proposed Agreement does not commit the City to purchase any parking spaces; rather, the Agreement Proposes to transfer the adjacent City property to the Developer, who will then provide and make available 119 public parking spaces, which is the number of public parking spaces currently available on the City property. Also in the proposed Agreement there is no condominium arrangement. , Mr. Bolduc advised the Developer must apply for a Development and associated building permits within six months of Council approval of the Agreement; obtain a Development Order and building permit within 12 months of Council approval; and complete the project within 30 months of Council approval of the Agreement. Mr. Rigdon noted that it could be a year and a half before any construction begins. Mr. Bolduc informed there have been no changes since the item was discussed on February 11, and that representatives from the Landmark are available to answer any questions Council might have. Mr. Rynearson moved Council approval of the Development Agreement between -Ft. Walton Development Partners, LLC and the City of Fort Walton Beach for construction of the Landmark Center development. Ms. Jamieson seconded motion and it carried 4 to 1 with Griggs opposed and Mead abstaining. RESULT: - - .APPROVED:[4-TO1J~ 2 =. MOVER: _.: '* Dick.Rynearson;-Council Seat,7 #4 +4 - SECONDER: :": Amy Jamieson, Council,Seat 5°" se 2 &, AYES: | _. joyce’gossom; Amy Jamieson;Bull:Rigdon;-Dick Ryne: NAYS: :- - . ‘Bobby.Griggs” 3"... eae vee SE let, ees ABSTAIN: ~JohnMead 7% 5° 8 RESOLUTIONS--2014-3 - Accepting Justice Assistance Grant Funding A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING FUNDING THROUGH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR ESSENTIAL EQUIPMENT REPLACEMENT; AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION OF ACCEPTANCE; AUTHORIZING A BUDGET AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. The Mayor read Resolution 2014-3 by title. City Council of Fort Walton Beach . Page 3 . Printed 2/26/2014 a . + Regular Meeting Minutes February 25, 2014 Police Chief Ted Litschauer informed the City received a grant award in the amount of $4,863.00 for the replacement of office and tactical equipment in the Police Department. Chief _Litschauer advised the project is 100% grant funded and no matching funds are required. Ms. Jamieson moved to approve Resolution 2014-3 to accept $4,863.00 funding entitled "Essential Equipment Replacement'"' under the Edward Byrne Memorial Justice Assistance Grant, and for the Mayor to execute the documents, and authorize a budget amendment for the grant. Mr. Rigdon seconded motion and it carried unanimously. RESULT: | -ADOPTED [UNANIMOUS]: | - MOVER: - ~ Amy Jamieson, Council Séat5 7 | SECONDER: :: Bull Rigdon; Countcil-Seat’6../-. 00452002 iste: AYES: _—__’. Griggs, gossom, Mead, Jamieson, Rigdon, Rynearson- + op ORDINANCES-FIRST READING None. ORDINANCES-SECOND READING Ordinance 1888 Amends LDC to Revise Tree Protection Standards AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 4, DEVELOPMENT STANDARDS, OF THE LAND DEVELOPMENT CODE TO AMEND THE TREE PROTECTION STANDARDS; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read Ordinance 1888 by title on second reading. Tim Bolduc, Engineering/Utilities Director, informed the ordinance adds language for the preservation of protected trees. There have been no changes since first reading. Ms. Jamieson moved to adopt Ord. 1888 on second reading. Dr. gossom seconded motion and it carried unanimously. RESULT: ADOPTED [UNANIMOUS]: - > MOVER:. - Amy. Jamieson;‘Council SeatS - |. SECONDER.:... joyce gossom, Council Seat 2..°; .... oe ; AYES::". °° Griggs; gossom; Mead, J amieson, Rigdon, Rynearson:. j Ordinance 1889 Revises LDC to Amend Definition for Calculating Floor Area Ratio AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 1, GENERAL PROVISIONS, OF THE LAND DEVELOPMENT CODE TO AMEND THE DEFINITION OF FLOOR AREA RATIO; AND PROVIDING AN EFFECTIVE DATE. ' The City Attorney read Ordinance 1889 by title on second reading. Mr. Bolduc informed the ordinance amends the definition of floor area ratio to account for parking places. There have been no changes since first reading. Mr. Rigdon moved to adopt Ordinance 1889 on second reading. Mr. Rynearson seconded motion and it carried unanimously. City Council of Fort Walton Beach Paged . Printed 2/26/2014