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Contract 2019-35A SEMINOLE COUNTY SHERIFF'S OFFICE SUBRECIPIENT AGREEMENT FOR THE HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM (HIDTA) THIS AGREEMENT made and entered into the 2c�' day of May, 2019 by and between Dennis M. Lemma, as Sheriff of Seminole County on behalf of the Seminole County Sheriffs Office whose address is 100 Eslinger Way, Sanford, Florida 32773, a Constitutional Officer of the political subdivision of Seminole County, State of Florida, holding tax exempt status, hereinafter referred to as "SCSO" and Clermont Police Department whose principal and local address is 3600 S. Highway 27, Clermont, FL 34711, hereinafter referred to as"SUBRECIPIENT."The SCSO and the SUBRECIPIENT are collectively referred to herein as the Parties. WITNESSETH: WHEREAS, on April 22, 2019, the Executive Office of the President, Office of National Drug Control Policy awarded a grant to SCSO for the High Intensity Drug Trafficking Areas (HIDTA) Program (Grant #G19CF0008A) for a period of two (2) years beginning on January 1, 2019 which is attached as Exhibit C, Grant Agreement; and WHEREAS, SUBRECIPIENT as a member of Central Florida HIDTA acknowledges the obligations of participation in the program; and WHEREAS, SCSO, as a fiduciary of Central Florida HIDTA desires to reimburse SUBRECIPIENT for its performance to support the activities, programs and projects of Central Florida HIDTA upon the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the Parties hereto as follows: SECTION 1: GENERAL PROVISIONS. (a). The term "SUBRECIPIENT" as used in this Agreement is hereby defined herein as that person or entity, including employees, servants, partners, principals, agents and assignees participating in activities of Central Florida HIDTA under this Agreement. (b). The recitals herein are true and correct and form and constitute a material part of this Agreement upon which the parties have relied. (c). Each party hereto represents to the other that it has undertaken all necessary actions to execute this Agreement, and that it has the legal authority to enter into this Agreement and to undertake all obligations imposed on it. The person(s) Page 1 of 14 executing this Agreement for SUBRECIPIENT certify they are authorized to bind SUBRECIPIENT fully to the terms of this Agreement. (d). Time is of the essence of the lawful performance of the duties and obligations contained in this Agreement . (e). When the term "lawn is used herein, said phrase shall include statutes, codes, rules and regulations of whatsoever type or nature enacted or adopted by a governmental entity of competent jurisdiction. (f). It is agreed that nothing herein contained Is intended or should be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting SUBRECIPIENT (including, but not limited to, its officers, employees, and agents) the agent, representative, or employee of SCSO for any purpose, or in any manner, whatsoever. (g). Persons employed by SUBRECIPIENT to participate in the functions of Central Florida HIDTA pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to SCSO's officers and employees either by operation of law or by SCSO. (h). No claim for reimbursement by SUBRECIPIENT not specifically provided for herein shall be honored by SCSO. SECTION 2: SUBRECIPIENT RESPONSIBILITIES. (a). SUBRECIPIENT acknowledges that funding for HIDTA operations is in the form of a federal grant and agrees to abide by all requirements set forth in the Grant Agreement in Exhibit C and the HIDTA Program Policy and Budget Guidance Manual located on the National HIDTA Assistance Center (NHAC) website at htto://www.nhac.org/hidta quidance/Proqram Policy and Budget Guldelines2017.pdf (b). SUBRECIPIENT shall be responsible for submittal of reimbursement requests in a format acceptable to SCSO as detailed in Section 7 of this Agreement. (c). Neither SCSO's review, approval or acceptance of, nor payment of any reimbursement invoice, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. SUBRECIPIENT shall be and remain liable to SCSO in accordance with applicable law for all damages to SCSO caused by SUBRECIPIENTs negligent or improper reimbursement requests. SCSO is responsible to validate such damages or loss to SUBRECIPIENT. (d). The rights and remedies of SCSO, provided for under this Agreement, are in addition to any other rights and remedies provided by law. Page 2 of 14 (e). SUBRECIPIENT shall disclose any potential conflicts of interest to this Agreement to SCSO prior to execution of the Agreement or If discovered after execution, as soon as SUBRECIPIENT is aware of the potential conflict of interest. SECTION 5: SCSO RIGHTS AND RESPONSIBILITIES. (a). SCSO shall reasonably cooperate with SUBRECIPIENT in a timely fashion as set forth in this Section. (b). SCSO shall furnish a SCSO Representative, as appointed by the Designated Representative to administer, review and coordinate the payment of all reimbursement requests. (c). SCSO shall make SCSO personnel available where, In SCSO's opinion, they are required and necessary to assist SUBRECIPIENT.The availability and necessity of said personnel to assist SUBRECIPIENT shall be determined solely at the discretion of SCSO. (d). SCSO shall examine all of SUBRECIPIENT's reimbursement requests and Indicate SCSO's approval or disapproval within a reasonable time so as not to materially delay the reimbursement of SUBRECIPIENT. (e). SCSO shall transmit instructions, relevant information, and provide interpretation and definition of SCSO policies and decisions with respect to matters pertinent to the reimbursements covered by this Agreement. (f). SCSO shall give written notice to SUBRECIPIENT whenever SCSO's Designated Representative knows of a development that affects the performance of this Agreement. SECTION 6: REIMBURSEMENT. Reimbursement requests, and all financial matters, shall be as set forth in Exhibit A, Reimbursement Procedures. SECTION 7: INVOICE PROCESS. (a). Invoices shall be submitted in the format in Exhibit D. Invoices shall be submitted on a quarterly basis to the appropriate HIDTA Group Supervisor for approval no later than fifteen (15) days following the end of the prior quarter. For this agreement, the end of each quarter is the months of December, March, June and September. Invoices without disputable items will be processed for payment within thirty(30)days of receipt of an approved invoice by SCSO. Page 3 of 14 (b). SUBRECIPIENT will be notified of any disputable items contained in invoices submitted by SUBRECIPIENT within fifteen (15) days of receipt by SCSO with an explanation of the deficiencies. (c). SCSO and SUBRECIPIENT will make every effort to resolve all disputable items contained in SUBRECIPIENT invoices. SECTION 8: TERM/LENGTH OF AGREEMENT. (a). This Agreement shall commence January 1, 2019 and shall terminate on December 31, 2020 or until terminated pursuant to the terms of this Agreement. SECTION 9: DESIGNATED REPRESENTATIVES. (a). SCSO designates SCSO's Procurement and Agreements Manager or his/her designated representative, to represent SCSO in all matters pertaining to and arising from this Agreement. (b). SCSO's Procurement and Agreements Manager, or his/her designated representative, shall have the following responsibilities: (1). Transmission of instructions, receipt of information, and interpretation and definition of SCSO's policies and decisions with respect to this Agreement. (2). Giving prompt notice to SUBRECIPIENT whenever SCSO's designated representative knows of a change necessary in the project. (c). Until further notice from SCSO, the designated representative for this Agreement is: Barbara Taylor, CPPO Procurement and Agreements Manager Seminole County Sheriff's Office 100 Eslinger Way Sanford, Florida 32773 (d). SUBRECIPIENT's designated representative is: Plxr rte Aro qy Page 4 of 14 SECTION 10: EMPLOYEES (a). SUBRECIPIENT may engage employees at its discretion and is responsible for all such employees. (b). SUBRECIPIENT shall comply with the requirements of the Americans with Disabilities Act (ADA), and any and all related Federal or State laws which prohibits discrimination by public and private entities on the basis of disability. (c). SCSO will not intentionally award publicly-funded contracts to any SUBRECIPIENT who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationality Act (INA)]. SCSO shall consider the employment by SUBRECIPIENT of unauthorized aliens, a violation of Section 274A(e)of the INA. Such violation by SUBRECIPIENT of the employment provisions contained in Section 274A (e)of the /NA shall be grounds for termination of this Agreement. (d). If applicable, in accordance with Section 216.347, Florida Statutes, SUBRECIPIENT shall not use funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or State agency. (e). SUBRECIPIENT shall advise SCSO in writing if it has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. (f). SUBRECIPIENT shall not knowingly engage in any action that would create a conflict of interest in the performance of that actions of any SCSO employee or other person during the course of performance of, or otherwise related to, this Agreement or which would violate or cause others to violate the provisions of Part Ill, Chapter 112, Florida Statutes, relating to ethics in government. SECTION 11: ACCESS TO RECORDS/AUDIT/PUBLIC RECORDS. (a). SUBRECIPIENT shall maintain books, records, documents, time and costs accounts and other evidence directly related to this Agreement. Ali time records and cost data shall be maintained in accordance with generally accepted accounting principles. (b). SUBRECIPIENT shall maintain and allow access to the records required under this Section for a minimum period of five (5) years after the completion of this Agreement and date of final payment, or date of termination of this Agreement. (c). SCSO may perform, or cause to have performed, an audit of the records of SUBRECIPIENT regarding payments issued hereunder. This audit shall be performed at a time mutually agreeable to SUBRECIPIENT and SCSO subsequent to the close of the final fiscal period of the agreement. Total compensation to SUBRECIPIENT may be determined subsequent to an audit as provided for in this Section, and the total Page 5 of 14 compensation so determined shall be used to calculate final payment to SUBRECIPIENT. If such audit confirms that SUBRECiPIENT was underpaid, SUBRECIPIENT shall submit an invoice to SCSO within fifteen (15) days of notice of underpayment for the balance owed. Conduct of this audit shall not delay payments as required by this Section. SUBRECIPIENT shall have no obligation to pay any costs incurred in any audit performed by SCSO or at SCSO's direction and such costs shall be the sole obligation of SCSO. (d). In addition to the above, if Federal, State, County, or other entity funds are used for services under this Agreement, the Comptroller General of the United States or the Chief Financial Officer of the State of Florida, or Seminole County, or any representatives, shall have access to any books, documents, papers, and records of SUBRECIPIENT which are directly pertinent to this Agreement for purposes of making audit, examination, excerpts, and transcriptions. (e). in the event of any audit or inspection conducted reveals any overpayment by SCSO under the terms of the Agreement, SUBRECIPiENT shall refund such overpayment to SCSO within thirty (30) days of notice by SCSO of the request for the refund. (f). SUBRECIPIENT agrees that if any litigation,claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. SECTION 11: DEBARMENT AND SUSPENSION Federally awarded contracts must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM). By executing this Agreement, SUBRECIPIENT is certifying SUBRECIPIENT is not currently on this list and will immediately notify SCSO if SUBRECIPIENT is placed on the list. SECTION 12. ANTI-LOBBYING AMENDMENT By executing this Agreement, SUBRECIPIENT is certifying that it will not and has not used Federal appropriated funds to pay any person or organization for Influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award. SECTION 13: CONTROLLING LAWS/VENUE/INTERPRETATION. (a). This Agreement is to be governed by the laws of the State of Florida. (b). Venue for any legal proceeding related to this Agreement shall be in the Eighteenth Judicial Circuit Court In and for Seminole County, Florida. Page 6 of 14 SECTION 14: FORCE MAJEURE. Neither party shall be considered in default in performance of its obligations hereunder to the extent that performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, cMI commotion, strike, epidemic, pandemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. SECTION 15: EXTENT OF AGREEMENT/INTEGRATION/AMENDMENT. (a). This Agreement, together with the exhibits, if any, constitutes the entire integrated Agreement between SCSO and SUBRECIPIENT and supersedes all prior written or oral understandings in connection therewith. This Agreement, and all the terms and provisions contained herein, including without limitation the Exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements whether written or oral. (b). This Agreement may only be amended, supplemented, terminated or modified by a formal written amendment. (c). Any alterations, amendments, deletions, termination or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. SECTION 16: NOTICES. (a). Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. (b). For the present, the parties designate the following as the representative places for giving of notice,to-wit: Page 7 of 14 (1). For SCSO: Barbara Taylor, CPPO Procurement and Agreements Manager Seminole County Sheriff's Office 100 Eslinger Way Sanford, Florida 32773 (2). For SUBRECIPIENT: r s rGao�w (c). Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. SUBRECIPIENT agrees not to claim any waiver by SCSO of such notice requirements based upon SCSO having actual knowledge, implied, verbal or constructive notice, lack of prejudice or any other grounds as a substitute for the failure of SUBRECIPIENT to comply with the express written notice requirements herein. Computer notification (e-mails and message boards) shall not constitute proper written notice under the terms of the Agreement. SECTION 17: WAIVER. The failure of SCSO to insist in any instance upon the strict performance of any provision of this Agreement or to exercise any right or privilege granted to SCSO hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. The failure of SUBRECIPIENT to insist In any instance upon the strict performance of any provision of this Agreement or to exercise any right of privilege granted to SCSO hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. SECTION 18: CAPTIONS. The Section headings and captions of this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any provision of this Agreement. SECTION 19: SEVERABILITY/CONSTRUCTION. (a). If any term, provision or condition contained In this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such term, provision or condition to persons or circumstances other than Page 8 of 14 those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. (b). All provisions of this Agreement shall be read and applied in pari materia with all other provisions hereof. SECTION 20: COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. SECTION 21: GRANT INFORMATION See Exhibit B, Required Grant Information for information required for all subawards to this Federal Grant. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: SCSO and SUBRECIPIENT signing by and through its duly authorized corporate officer having the full and complete authority to execute same. Clermont •olice De• ment tadiL, Witness Authorized Agen for S BRECIPIENT Date: --( Seminole County Sheriffs Office Witness Lisa Spriggs Chief of Administrative Services Date: rhOp`6/ Page 9 of 14 EXHIBIT A REIMBURSEMENT PROCEDURES SUBRECIPIENT shall provide reimbursement documentation to SCSO for agents participating in HIDTA sponsored task forces as outlined below. Availability of funds for reimbursement is determined by the Central Florida HIDTA Executive Board. Not all categories listed are eligible for all agencies. Requests for reimbursement shall be submitted on a quarterly basis to the HIDTA Group Supervisor in accordance with Section 7 of this Agreement. Overtime Reimbursement Maximum overtime reimbursement for each agent will be determined by the Group Supervisor of each HIDTA Task Force. Overtime reimbursements paid to each agent will not exceed the annual amount authorized by the Central Florida HIDTA Executive Committee. SUBRECIPIENT will compensate their agent(s) for overtime pay in accordance with SUBRECIPIENT's compensation policy. SUBRECIPIENT shall submit the reimbursement request with accompanying documentation confirming the overtime payment to the HIDTA Group Supervisor for approval. Overtime shall be reimbursed on actual overtime paid to the agent as documented on the agent's pay check. At a minimum, overtime documentation shall include the following: (a). Log of HIDTA hours worked (b). Copy of payroll detail for each agent showing hours paid and hourly rate (c). Copy of check stub showing overtime payment for HIDTA hours worked (d). If overtime is paid on a different pay cycle than the pay period, an explanation of how overtime hours are calculated. It will be the SUBRECIPIENT's responsibility to ensure that each agent does not exceed the Federal Overtime cap for each calendar year of the grant. • Fuel Reimbursement Fuel reimbursement requests shall be submitted to the HIDTA Group Supervisor with accompanying documentation confirming the fuel purchases. At a minimum, fuel reimbursement documentation shall include the following: (a). Copy of each fuel receipt showing the date of purchase, amount of fuel purchased and total cost of each purchase. (b). Proof of payment by the SUBRECIPIENT for the fuel purchase, i.e.,copy of check, credit card statement, etc. (c). If fuel payments are through a fuel card vendor such as WEX, reimbursement will Page 10 of 14 be for the amount paid to the fuel card vendor, not the amount on the receipt. The statement from the fuel card vendor will need to be submitted to document the actual amount paid. Vehicle Lease Reimbursement Vehicle lease reimbursement requests shall be submitted to the HIDTA Group Supervisor with accompanying documentation confirming the vehicle lease payment. Vehicle lease reimbursements shall not exceed six hundred twenty dollars($620) per month. At a minimum, vehicle lease reimbursement documentation shall include the following: (a). Copy of each month's invoice (b). Copy of check or credit card statement showing payment of invoice Page 11 of 14 EXHIBIT B REQUIRED GRANT INFORMATION Required Information Subrecipient Name Clermont Police Department Subrecipient's Unique Entity Identifier 57- &0100.2 qQ Federal Award Identification Number GI9CF0008A Federal Award Date April 22, 2019 Subaward Period of Performance 01/01/19-12/31/20 Amount of Federal Funds obligated by this Agreement Reimbursement basis only Total Amount of Federal Funds Obligated to Subrecipient including this obligation Reimbursement basis only Total Amount of Federal Award Committed to Subrecipient Reimbursement basis only Federal Award Project Description High Intensity Drug Trafficking Areas Program Name of Federal Awarding Agency Office of National Drug Control Policy Name of Pass Through Entity Seminole County Sheriff's Office Pass Through Entity Awarding Official Barbara Taylor, Procurement and Contact Information Agreements Manager btavlorffiseminolesheriff.orq CFDA Number and Name 95.001 --High Intensity Drug Trafficking Areas Program Is award for Research and Development? No Indirect Cost Rate N/A Page 12 of 14 EXHIBIT C GRANT AGREEMENT I ' I � { I { I I t i Page 13 of 14 I ` n c April 22,2019 Sheriff Dennis M. Lemma Seminole County Sheriffs Office 100 Eslinger Way Sanford. FL 32773-6706 Dear Sheriff Lemma: We are pleased to inform you that your request for funding from the High Intensity Drug Trafficking Areas(HIDTA)Program has been approved,and a grant(Grant Number G 19CF0008A)has been awarded in the amount of$846,487.00. This grant will support initiatives designed to implement the Strategy proposed by the Executive Board of the Central Florida HIDTA and approved by the Office of National Drug Control Policy(ONDCP). The original Grant Agreement, including certain Special Conditions, is enclosed. By accepting this grant,you assume the administrative and financial responsibilities outlined in the enclosed Grant Conditions, including the timely submission of all financial and programmatic reports, the resolution of audit findings,and the maintenance of a minimum level of cash-on-hand. Should your organization not adhere to these terms and conditions,ONDCP may terminate the grant for cause or take other administrative action. If you accept this award, please sign both the Grant Agreement and the Grant Conditions and return a copy to: Finance Unit National HIDTA Assistance Center 11200 NW 20th Street,Suite 100 Miami, FL 33172 (305)715-7600 Or via email to your respective NHAC accountant. Please keep the original copy of the Grant Agreement and Grant Conditions for your file. If you have any questions pertaining to this grant award,please contact Sherri Lucas at(202)395 - 5506. Sincerely. i ,-) iY ,f/ ( .';( / Shannon Kelly National HIDTA Director fParc of S Executive Office of the President Grant Agreement Office of National Drug Control Policy I. Recipient Name and Address 4. Award Number(FAIN): Gl9CF0008A Dennis M. Lemma Seminole County Sheriffs Office 5. Period of Performance: 100 Fslinger Way From 01/01/2019 to 12/31/2020 Sanford.FL 32773-6706 2. Total Amount of the Federal Funds Obligated: 6. Federal Award Date: 7. Action: $846,487 April 22,2019 Initial 2A. Budgct Approved by the Federal Awarding 8. Supplement Number Agency$846,487 3. CFDA Name and Number. 9. Previous Award Amount: High Intensity Drug Trafficking Areas Program-95.001 3A. Project Description 10.Amount of Federal Funds Obligated by this Action: $846,487.00 High Intensity Drug Trafficking Areas(HIDTA) I I.Total Amount of Federal Award: Program $846,487.00 12. This Grant is non-R&D and approved subject to such conditions or limitations as are set forth on the attached pages. 13. Statutory Authority for Grant: Public Law 116-6 AGENCY APPROVAL RECIPIENT ACCEPTANCE 14. Typed Name and Title of Approving Official 15. Typed Name and Title of Authorized Official Shannon Kelly Sheriff Dennis M.Lemma National HIDTA Director Office of National Drug Control Policy Seminole County Sheriffs Office 116. Signature of Approving ONDCP Official 17. Lure of Authorized ient/Datc • e�ifirli-J kr. °fi201 AGENCY USE ONLY 18. Accounting Classification Codc 19. HIDTA AWARD DUNS: 055537278 OND1070DB1920XX OND6113 FIN: 1596000860A1 OND2000000000 OC 410001 Grant G I 9CF0008A Page 2 of 8 GRANT CONDITIONS A. General Terms and Conditions 1. This award is subject to The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200(the"Part 200 Uniform Requirements"),as adopted and implemented by the Office of National Drug Control Policy(ONDCP)in 2 C.F.R.Part 3603. For this award,the Part 200 Uniform Requirements supersede,among other things,the provisions of 28 C.F.R.Parts 66 and 70,as well as those of 2 C.F.R.Parts 215,220,225,and 230. For more information on the Part 200 Uniform Requirements,see https:/lcfo.gov/cofad.For specific,award-related questions,recipients should contact ONDCP promptly for clarification. 2. This award is subject to the following additional regulations and requirements: • 28 CFR Part 69—"New Restrictions on Lobbying" • Conflict of Interest and Mandatory Disclosure Requirements,set out in paragraph 7 of these terms and conditions • Non-profit Certifications(when applicable) 3. Audits conducted pursuant to 2 CFR Part 200,Subpart F,"Audit Requirements"must be submitted no later than nine months after the close of the grantee's audited fiscal year to the Federal Audit Clearinghouse at https://harvester.census.gov/ihcweb/. 4. Grantees are required to submit Federal Financial Reports(Felt)to the Department of Health and Human Services,Division of Payment Management(HHS/DPM). Federal Financial Report is required to be submitted quarterly and within 90 days after the grant is closed out. 5. The recipient gives the awarding agency or the Government Accountability Office,through any authorized representative,access to,and the right to examine,all paper or electronic records related to the grant. 6. Recipients of HIDTA funds are not agents of ONDCP. Accordingly,the grantee,its fiscal agent (s),employees,contractors,as well as state,local,and Federal participants,either on a collective basis or on a personal level,shall not hold themselves out as being part of;or representing,the Executive Office of the President or ONDCP. These general terms and conditions,as well as archives of previous versions of the general terms and conditions,are available online at www.whitehouse.gov/ondcp/grants, 7. Conflict of Interest and Mandatory Disclosures A.Conflict of Interest Requirement • Grant G s 9CF0008A Page 3 of 8 As a non-Federal entity,you must follow ONDCP's conflict of interest policies for Federal awards.Recipients must disclose in writing any potential conflict of interest to an ONDCP Program Officer,recipients that are pass-through entities must require disclosure from subrecipients or contractors.This disclosure must take place immediately whether you are an applicant or have an active ONDCP award. The ONDCP conflict of interest policies apply to sub-awards as well as contracts,and are as follows: i. As a non-Federal entity,you must maintain written standards of conduct covering conflicts of interest and governing the performance of your employees engaged in the selection, award,and administration of subawards and contracts. ii. None of your employees may participate in the selection,award,or administration of a subaward or contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee,officer,or agent,any member of his or her immediate family,his or her partner,or an organization which employs or is about to employ any of the parties indicated herein,has a financial or other interest in or a tangible personal benefit from an organization considered for a sub- award or contract The officers,employees,and agents of the non-Federal entity must neither solicit nor accept gratuities,favors,or anything of monetary value from subrecipients or contractors or parties to subawards or contracts. iii. If you have a parent,affiliate,or subsidiary organization that is not a state,local government,or Native American tribe,you must also maintain written standards of conduct covering organizational conflicts of interest Organizational conflicts of interest means that because of relationships with a parent company,affiliate,or subsidiary organization,you are unable or appear to be unable to be impartial in conducting a sub-award or procurement action involving a related organization. B.Mandato: i Disclosure Requirement As a non-Federal entity,you must disclose,in a timely manner,in writing to ONDCP all violations of Federal criminal law involving fraud,bribery or gratuity violations potentially affecting the Federal award. Non-Federal entities that have received a Federal award that includes the term and condition outlined in 200 CFR Part 200,Appendix XII"Award Term and Condition for Recipient Integrity and Performance Matters,"are required to report certain civil, criminal,or administrative proceedings to System for Award Management(SAM)_ Failure to make required disclosures can result in remedies such as:temporary withholding of payments pending collection of the deficiency,disallowance of all or part of the costs associated with noncompliance,suspension,termination of award,debarment,or other legally available remedies outlined in 2 CFR 200.338"Remedies for Noncompliance". 8. Federal Funding Accountability and Transparency(FFATA)/Digital Accountability and Transparency Act(DATA Act). Each applicant is required to(i)Be registered in SAM before submitting its application;(ii)provide a valid DUNS number in its application;(iii)continue to maintain an active System for Award Management registration with current information at all times during which it has an active Federal award;and(iv)provide all relevant grantee information required for ONDCP to collect for reporting related to FFATA and DATA Act requirements. 9. Subawards are authorized under this grant award Subawards must be monitored by the award recipient as outlined in 2 CFR 200331. Grant G 19CF0008A Page 4 of 8 10. Recipients must comply with the Government-wide Suspension and Debarment provision set forth at 2 CFR Part 180,dealing with all sub-awards and contracts issued under the grant. 11. As specified in the EIIDTA Program Policy and Budget Guidance,recipient must a) Establish and maintain effective internal controls over the Federal award that provides reasonable assurance that Federal award funds are managed in compliance with Federal statutes,regulations and award terms and conditions.These internal controls should be in compliance with the guidance in"Standards for Internal Control in the Federal Government,"issued by the Comptroller General of the United States and the"Internal Control Integrated Framework,"issued by the Committee of Sponsoring Organizations of the Treadway Commission(COSO). b) Comply with Federal statutes,regulations,and the terms and conditions of the Federal awards. c) Evaluate and monitor compliance with applicable statute and regulations,and the terms and conditions of the Federal award. d) Take prompt action when instances of noncompliance are identified,including noncompliance identified in audit findings. e) Take reasonable measures to safeguard protected PIE and other information ONDCP or the recipient designates consistent with applicable Federal,state,and local laws regarding privacy and obligations of confidentiality. B. Recipient Integrity and Performance Matters Reporting of Matters Related to Recipient Integrity and Performance 1. General Reporting Requirement If the total value of your currently active grants,cooperative agreements,and procurement contracts from all Federal awarding agencies exceeds$10,000,000 for any period of time during the period of performance of this Federal award,then you as the recipient during that period of time must maintain and report current information to the SAM that is made available in the designated integrity and performance system(currently the Federal Awardee Performance and Integrity Information System(FAPIIS))about civil,criminal,or administrative proceedings described in paragraph 2 of this award term and condition(below).This is a statutory requirement under section 872 of Public Law 110-417,as amended(41 U.S.C.2313).As required by section 3010 of Public Law 111-212,all information posted in the designated integrity and performance system on or after April 15,2011,except past performance reviews required for Federal procurement contracts,will be publicly available. 2. Proceedings About Which You Must Report Submit the information required about each proceeding that a. Is in connection with the award or performance of a grant,cooperative agreement,or procurement contract from the Federal Government b. Reached its final disposition during the most recent 5 year period;and c. Is one of the following: Grant G19CF0008A Page 5 of 8 (1) A criminal proceeding that resulted in a conviction,as defined in paragraph 5 of this award term and condition(below); (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine,penalty,reimbursement,restitution,or damages of$5,000 or more; (3) An administrative proceeding, as defined in paragraph 5 of this award term and condition,that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of$5,000 or more or reimbursement,restitution,or damages in excess of$100,000;or (4) Any other criminal,civil,or administrative proceeding if: (i)It could have led to an outcome described in paragraph 2.c.(1),(2),or(3)of this award term and condition; (ii)It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part;and (iii)The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition.You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded. 4. Reporting Frequency During any period of time when you are subject to the requirement in paragraph 1 of this award term and condition,you must report proceedings information through SAM for the most recent 5 year period,either to report new information about any proceeding(s)that you have not reported previously or affirm that there is no new information to report Recipients that have Federal contract,grant,and cooperative agreement awards with a cumulative total value greater than$10,000,000 must disclose semiannually any information about the criminal,civil,and administrative proceedings. 5. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non judicial process that is adjudicatory in nature in order to make a determination of fault or liability(e.g.,Securities and Exchange Commission Administrative proceedings,Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings).This includes proceedings at the Federal and state level,but only in connection with performance of a Federal contract or grant.It does not include audits,site visits,corrective plans,or inspection of deliverables. b.Conviction,for purposes of this award term and condition,means a judgment or conviction of a criminal offense by any court of competent jurisdiction,whether entered upon a verdict or a plea,and includes a conviction entered upon a plea of nolo contendere. c.Total value of currently active grants,cooperative agreements,and procurement contracts includes— (I)Only the Federal share of the funding under any Federal award with a recipient cost share or match;and Grant G 19CF0008A Page 6 of 8 (2)The value of all expected funding increments wider a Federal award and options, even if not yet exercised. C. Program Specific Terms and Conditions The following special conditions are incorporated into each award document. 1. This grant is awarded for above program.Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's HIDTA Program Policy and Budget Guidance(PPBG). 2. This award is subject to the requirements in ONDCP's HIDTA PPBG. 3. No HIDTA funds shall be used to supplant state or local funds that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23,which pertain to information collection and management of criminal intelligence systems,shall apply to any such systems supported by this award. 5. Special accounting and control procedures must govern the use and handling of HIDTA Program funds for confidential expenditures;i.e.,the purchase of information,evidence,and services for undercover operations.Those procedures are described in Section 6 of the HIDTA Program Policy and Budget Guidance. 6. Property acquired with these HIDTA grant funds is to be used for activities of the Central Florida HIDTA.If your agency acquires property with these funds and then ceases to participate in the HIDTA,this equipment must be made available to the HIDTA's Executive Board for use by other HIDTA participants. 7. All law enforcement entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at the El Paso Intelligence Center. D. Federal Award Performance Goals 1. All entities that receive funds from this award are responsible for achieving performance goals established in the HIDTA Performance Management Process(PMP)and approved by the HIDTA's Executive Board and ONDCP. 2. All entities that receive funds from this award must report progress in achieving performance goals at Ieast quarterly using the PMP. See also Section A.4 regarding Federal Financial Reports. E. Payment Basis 1. A request for Advance or Reimbursement shall be made using the HHS/DPM system (httpsJ/pms•psc.gov/). 2. The grantee,must utilize the object classes specified within the initial grant application each time they submit a disbursement request to ONDCP. Requests for payment in the DPM system will not be approved unless the required disbursements have been entered using the corresponding object class designations. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be Federal Deposit Insurance Corporation (FDIC)insured. The account must be interest bearing. Grant GI 9CF0008A Page 7 of 8 3. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act(31 U.S.C.6501 et seq.)and the Indian Self-Determination and Education Assistance Act(25 U.S.C.450),awardees and sub-awardees shall promptly,but at least annually,remit interest earned on advances to HHS/DPM using the remittance instructions provided below. Remittance Instructions-Remittances must include pertinent information of the payee and nature of payment in the memo area(often referred to as"addenda records"by Financial Institutions)as that will assist in the timely posting of interest earned on Federal funds.Pertinent details include the Payee Account Number(PAN),reason for check(remittance of interest earned on advance payments),check number(if applicable),awardee name,award number, interest period covered,and contact name and number.The remittance must be submitted as follows: Through an electronic medium using either Automated Clearing House(ACH)network or a Fedwire Funds Service payment (i)For ACH Returns: Routing Number:051036706 Account number: 303000 Bank Name and Location: Credit Gateway—ACH Receiver St.Paul,MN (ii)For Fedwire Returns*: Routing Number: 021030004 Account number:75010501 Bank Name and Location:Federal Reserve Bank Treas NYC/Funds Transfer Division New York,NY (*Please note organization initiating payment is likely to incur a charge from your Financial Institution for this type of payment) For recipients that do not have electronic remittance capability,please make check"payable to:"The Department of Health and Human Services." Mail Check to Treasury approved lockbox: HITS Program Support Center,P.O.Box 530231,Atlanta,GA 30353-0231 ("Please allow 4-6 weeks for processing of a payment by check to be applied to the appropriate PMS account) Any additional informationfnstructions may be found on the PMS Web site at http://prns.psc.gov/. 4. The grantee or subgrantee may keep interest amounts up to$500 per year for administrative lames Grant G 19CF0008A Page 8 of 8 RECIPIENT ACCEPTANCE OF G CONDITIONS �. Date: as/1/200 Dennis M.Lemma Seminole County Sheriffs Office m o < < < 0 0 0 0 . = 7 n = � � a, ea ort C C C C C *I hr .4 ►-1a go cm 0 pr H O O O O O 0 ••' O O 8in oo O N O C .�- 4 O c •-.1 .crl ID ^-I 0 N i0 ip N 3 co > 0) IA Y in 1/4- 33 C1 H /— M a7 p hl E w n E .at m s--a) &),- E gin k RI � _ y v RI U Q1 -rE2p.i Um' O - ZS vj a' c 0 0 C U ots d ,.K I1 'C C .0 �.... ,, IV ' w E 0 o R/ U F "`*+ n -� CU C C -- OJ m E cri `; co , rT v ..1 o., !0 0 ip-- /f. 1:•': N {� O .VON N F a.r O ? p N V Hcm 3 Jclig(cht Dicta 2019 - Central Florida - Inv..sficativc• Scf - Seminole C(trrt:‘, Stleriff's Office (P3:17.?C0130 !) err init - s—rinoio Countv FATrirs Office Indirect Cost:0.0% Awarded Budget(as approved by ONDCP) $846,487.00 Investigative- Law Enforcement Officer 16 $190,00C.00 Total Overtime $190,000.00 Total Budget $190,000.00 Page 1 of 6 4/9/2019 10:47:41 AM Sudael 2019 - Central Florida - as:, F ? ce „esti ..- . . fir.. ��'xa�!c- - 5 omincle Count:‘: ; 11Pr i ff s ��'�'"r e P.' dr:►i^lam - Sa'C1?rio!F_ r..•C,kJB,`.,. ;heri;s:,- C:ice Indirect Cost:0.0% Awarded Budget(as approved by ONDCP) $846,487.00 Investigative- Law Enforcement Officer 3 $45,295.00 Total Overtime $45,295.00 Investigative/Operational $25,000.00 Total Travel_—_ $25,000.00 L-,l`�'� .-J!Uo ]'f Communications-mobile phones&pagers $4,200.00 Equipment rentals $2,940.00 Investigative services $1,000.00 Vehicle lease- passenger 2 $14,880.00 Total Services __ $23,020.00 Office $1,550.00 Total Supplies $1,550.00 • PE/PI/PS $67,394.00 Total Other - _-- _ - $67,394.00 Total Budget $162,259.00 Page 2 of 6 4/9/2019 10:47:41 AM 11,7 d r-4`. Pta 2019 - Central Florida - DEA Ple;:ic2n Poly-Drt.in Ta-* Toren - Seminole Cnunly •S'Aeriff's Office rG19CF00()81k.`,. 7Psr.ut-rs cecipizro: c", rino!,% Ceurrty Che!-Iff's Cce-• Indirect Cost:0.0% Awarded Budget(as approved by ONDCP) $846,487.00 " •!,: Investigative- Law Enforcement Officer 3 $37,500.00 Total Overtime $37,500.00 - • - , Investigative/Operational $22,500.00 Total Travel $22,500.00 4 >!:).:_ro,t0.•:, Communications-mobile phones &pagers $11,240.00 Vehicle lease- passenger 3 $22,320.00 Total Services $33,560.00 • Investigative/Operational $7,440.00 Office $1,550.00 Total Supplies $8,990.00 PE/PI/PS $75,532.00 Total Other $75,532.00 Total Budget $178,082.00 Page 3 of 6 4/9/2019 10:47:41 AM r e._ D 2019 - Central Florida - =i.ctftiste P:-..)prehension '::<<:? Team. ( .ST) In _ r. A'k" r- - ^erninQ&e C' nr" (,j 9CF 009,8/L' - Jetrifr011e Cc s'ni`ly Sheri''s Office' Indirect Cost:0.0% Awarded Budget(as approved by ONDCP) $846,487.00 Investigative/Operational $13,953.00 Total Travel $13,953.00 Communications-mobile phones& pagers $9,560.00 Vehicle lease- passenger 1 $7,440.00 Total Services $17,000.00 . :,i. :ill:• ., Investigative/Operational $4,200.00 Office $1,800.00 Total Supplies _ $6,000.00 Administrative costs PE/PI/PS $50,000.00 $4,000.00 Total Other _ _ __ _ $54,000.00 Total Budget $90,953.00 Page 4of6 4/9/2019 10:47:41 AM 2019 - Central Florida - 7;1 har;sl*hetarline i af:!: Cerc' ”,,.sr,s. F'^'i'r� Reci^'er - 3Qrtirole Count' Sheriff's Office (<;3.?CFO003P.': ^n��r�e pee-inin'l: - F r t,' sc', nom' Indirect Cost:0.0% Awarded Budget(as approved by ONDCP) $846,487,00 Investigative - Law Enforcement Officer 3 $51,634.00 Total Overtime $51,634.00 Investigative/Operational $10,000.00 Total Travel $10,000.00 Communications-mobile phones & pagers $8,640.00 Printing&document support $2,900.00 Vehicle lease - passenger 3 $22,320.00 Total Services_ —i $33,860.00 Office $2,400.00 Total Supplies $2,400.00 PE/PI/PS $103,299.00 Total Other — $103,299.00 Total Budget $201,193.00 Page s of 6 4/9/2019 10:47:41 AM B4s.dg .O t&&r 2019 - Central Florida 'i�6r�� ern - :'^'t rn,)olitan Bureau of ..n, s`ioetioi( ,i[tvestiaa je- _ C� ifr ��t'.11nQlA CfJuflt�r „��C,�s F Office lG-1.SC:c+1Qr?9t,, ,•�• n ^nrs- ent - inC ,. 4 casCff _"G!S1�ilQ ,.. �?�afi'-,r ii�t'6 e v f:ICS Indirect Cost:0.0% Awarded Budget(as approved by ONDCP) $846,487.00 Investigative- Law Enforcement Officer 2 $24,000.00 Total Overtime $24,000.00 Total Budget $24,000.00 Page 6 of 6 4/9/2019 10:47:41 AM EXHIBIT D INVOICE TEMPLATE I I i r 1 1 I I Page 14 of 14 Central Florida HIDTA Quarterly Agency Invoice Agency Name: Invoice Date: Agency Address: Quarter Ending: Agent Name: E Mail Address: DESCRIPTION AMOUNT Overtime Reimbursement Fuel Reimbursement $0.00 Vehicle Lease Reimbursement Moo Total Required Documentation; Overtime: Log of HIDTA hours worked Copy of payroll detail showing hours paid and hourly rate Copy of check stub showing overtime payment for HIDTA hours Documentation of overtime cycle if different than pay period Fuel: Copy of each fuel receipt Proof of payment(check or credit card statement) Vehicle Lease: Copy of invoice Proof of payment(check or credit card statement) Please submit this invoice and all backup documentation to the Task Force Supervisor by the 15th day of the month following the end of the quarter. Task Force Supervisor Approval: Date: