Contract 2020-108AEdward Byrne Memorial Justice Assistance Grant (JAG) Program
ACCEPTANCE OF FEDERAL FUNDING ASSISTANCE
Subrecipient: City Of Clermont
Subgrant Number: 2021-JAGD-LAKE-3-4R-008
Project Title: CIVIL UNREST/MOBILE FIELD FORCE EQUIP.
Pass -through Entity: Florida Department of Law Enforcement
This award is subject to all applicable rules, regulations, and conditions, as contained in the Department of Justice
Grants Financial Guide, and the Office of Management and Budget Uniform Grant Requirements (2 C.F.R. Part 200).
This award is also subject to the incorporated standard and special conditions, and such further rules, regulations, and
policies as may be reasonably prescribed by the State or Federal Government.
In witness whereof, the parties affirm they each have read and understand the conditions set forth in this agreement,
have read and understand the agreement in its entirety, and accept this agreement through the signature of their duly
authorized officers on the date, month, and year set out below.
City Of Clermont
Authorizing Official (Commission Chairperson, Mayor, or Designated Representative)
Signature
Printed Name and
Date
City Of Clermont Police Department
Authorizing Official (Official, Administrator, or Designated Representative)
Signature
Printed Name and Title
Florida Department of Law Enforcement
Office of Criminal Justice Grants
Signature
Printed Name and Title
Date
Date
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
SPECIAL CONDITIONS
Subrecipient: City Of Clermont
Subgrant Number: 2021-JAGD-LAKE-3-4R-008
Project Title: CIVIL UNREST/MOBILE FIELD FORCE EQUIP
Pass -through Entity: Florida Department of Law Enforcement
In addition to the attached standard conditions, the above -referenced grant project is subject to the special conditions
set forth below.
Ref# S44347: The subgrantee's procurement policy does not appear to comply with all federal procurement
requirements outlined in the Office of Management and Budget (OMB) Uniform Requirements, specifically: conflict of
interest statements (200.318(c)), acquiring duplicative/unnecessary items (200.318(d)), and prohibiting geographical
preference (200.319 (b)). All subaward procurements must comply with the standards identified in OMB's Uniform
Requirements and documentation must be maintained and provided to the Office of Criminal Justice Grants at
monitoring.
Ref# S44348: At the time of application approval, the City of Clermont had not submitted a current EEO Plan to the
Office of Criminal Justice Grants. The documents must be maintained and provided to the Office of Criminal Justice
Grants at monitoring.
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
Subgrant Recipient
Organization Name: City Of Clermont
County:
Lake
Chief Official
Name: Gail Ash
Title: Mayor
Address: 685 West Montrose Street
City:
Clermont
State:
FL Zip: 34711-2119
Phone:
352-394-4081 Ext:
Fax:
Email:
gash@clermontfl.org
Chief Financial Officer
Name:
Pam Brosonski
Title:
Finance Director
Address:
685 West Montrose Street
City:
Clermont
State:
FL Zip: 34711-2119
Phone:
352-241-7360 Ext:
Fax:
Email: pbrosonski@clermontfi.org
Application Ref # 2020-JAGD-2282 Section #1 Page 1 of 3
Contract # 2021-JAGD-LAKE-3-4R-008
Rule Reference 11 D-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:
City Of Clermont Police Department
Lake
Chief Official
Name: Charles Broadway
Title:
Chief
Address:
865 West Montrose Street
City:
Clermont
State:
FL Zip: 34711-2123
Phone:
352-394-5588 Ext: 186
Fax:
352-394-1644
Email:
cbroadway@clermontfl.org
Project Director
Name: Malcolm Draper
Title: Sergeant
Address: 3600 S. Highway 27
City: Clermont
State: FL Zip: 34711-6735
Phone: 352-536-8412 Ext:
Fax:
Email: mdraper@clermontfl.org
Application Ref # 2020-JAGD-2282
Section #1 Page 2 of 3
Contract # 2021 -JAG D-LAKE-3-4R-008
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 yes to either #1 or #2, describe each practice AND provide a copy of each law or
policy to criminaljustice@fdle.state.fl.us.
Answer: S.B. 168 Chapter 908 F.S.
Question: Does your jurisdiction have any laws, policies, or practices related to whether, when,
or how employees may communicate with the Department of Homeland Security
(DHS) or Immigration and Customs Enforcement (ICE)?
Answer: No
Question: Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law
that binds a city) that meet the description in question 1?
Answer: Yes
Application Ref # 2020-JAGD-2282 Section #1 Page 3 of 3
Contract # 2021-JAGD-LAKE-3-4R-008
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
OverviewSection 2: Project T
General Project Information
Project Title: CIVIL UNREST/MOBILE FIELD FORCE EQUIP
Subgrant Recipient: City Of Clermont
Implementing Agency: City Of Clermont Police Department
Project Start Date: 10/1/2020 End Date: 6/30/2021
Problem Identification
The Clermont Police Department is staffed with 86 sworn police officers and provides police
services to almost 40,000 residents in the City of Clermont. The Clermont Police Department
recognizes the need to provide police services to include safety and security to the general public
during times of unrest. In this current time, it is important for police agencies to be equipped with
gear that will assist swom officers to operate safely and effectively during incidents of unruly
protests, demonstrations, mobs and/or other related events. Currently, the Clermont Police
Department is not equipped with any of the necessary gear to facilitate this need. The Clermont
Police Department currently has 86 sworn officers and less than half of its patrol division is
equipped with the necessary mobile field force gear.
Currently the budget for the City of Clermont will not make allowances to purchase the necessary
equipment. Grant funding will provide the assistance needed for this essential technology that will
ensure the integrity and professionalism in the delivery of police services.
Project Summary (Scope of Work)
Grant funding will be used to purchase and equip officers with safety equipment needed in
handling situations that involve unruly protests, demonstrations, mobs and/or other related events.
The safety equipment includes shields, helmets with face shields, wooden batons, gas masks and
accessories.
The helmets, shields, and batons will provide increased protection for the officer's of the clement
police department when having to respond to higher risk situations. The gas masks and canisters
will offer protection and the ability to breathe in an environment saturated by chemicals. This will
protect officers from becoming disoriented and overcome by individuals in those same
environments. The canister holders will free up the hands of the officers while being able to have
a backup option in case the canister fails or needs to be replaced. Ultimately, the gear above will
have a more direct impact on officer safety, the benefit to the overall safety of the City of Clermont
goes without saying.
Anticipated Timeline:
Obtain three competitive bids by January 29, 2021.
Purchase the equipment by March 31, 2021.
Train and distribute the equipment to personnel by May 31, 2021
The City of Clermont will use grant funds to purchase shields, helmets, wood baton, and tactical
gas mask with accessories. Deliverables will be completed in accordance with the contractual
agreements between the subrecipient and their local vendor/providers.
Application Ref # 2020-JAGD-2282
Section #2 Page 1 of 4
Contract # 2021-JAGD-LAKE-3-4R-008
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
Documentation of deliverables performed by the subrecipient and their local vendor/providers
must be maintained by the subrecipient and made available for monitoring. Example
documentation includes, but is not limited to: procurement records (including quotes,
solicitations/bids, etc.), purchase orders, packing slips, delivery/receivable documents, invoices,
proof of payment, etc.
Documentation and minimum performance required for drawdown of funds includes the
completion of at least one activity described in the scope of work above as attested on the
financial expenditure/claim report.
Application Ref # 2020-JAGD-2282 Section #2 Page 2 of 4
Contract # 2021 -JAG D-LAKE-3-4R-008
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
Section Questions:
Question: What is the combined population of the jurisdiction(s) your agency serves, according
to the 2010 census?
Answer: 28742
Question: What percentage of the total cost of this project is being funded by sources other than
this award?
Answer: 25
Question: What is the name of the jurisdiction your agency serves? (i.e., your city or your
county)
Answer: City of Clermont
Question: What is the physical address of the location being used to provide services for this
project? If services are being provided at more than one location, list all of them.
Answer: 3600 S. US Hwy. 27, Clermont, FL 34711
Question: Describe your agency (e.g., municipal government, school board, sheriffs office).
Answer: Police Department
Question: What is the Operating Capital Outlay threshold used by the subgrantee? (Verify this
with your finance director.) If the implementing agency is a sheriffs office, indicate the
sheriffs office's threshold instead.
Answer: 1000
Question: If you answered yes above, does the public have access to information about the
compensation of the executives in your organization (the subgrantee) through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(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
Question: Does the subgrantee receive a single grant in the amount of $750,000 or more from
the U.S. Department of Justice?
Answer: No
Question: Does the implementing agency receive a single grant in the amount of $750,000 or
more from the U.S. Department of Justice?
Answer: No
Question: In your organization's preceding completed fiscal year, did your organization (the
subgrantee) receive at least (a) 80 percent or (b) $25,000,000 of your annual gross
revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or
cooperative agreements?
Answer: No
Question: Have you verified that the subgrantee has an active and current registration in
SAM.gov? (If no, funds will not be available for drawdown.)
Answer: Yes
Application Ref # 2020-JAGD-2282 Section #2 Page 3 of 4
Contract # 2021-JAGD-LAKE-3-4R-008
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
Application Ref # 2020-JAGD-2282
Section #2 Page 4 of 4
Contract # 2021-JAGD-LAKE-3-4R-008
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
i
General Performance Info:
Performance Reporting Frequency: Quarterly
Prime Purpose Area: 01 - Law Enforcement (Includes Task Forces)
State Purpose Area: 1 G - General Questions (Required)
Objectives and Measures
Objective: General Questions - Required questions for all recipients.
Measure: General01
Will your organization be using the crimesolutions.gov website during the grant
period regardless of JAG funding? Crimesolutions.gov provides information on
several crime reduction and prevention programs and practices.
Goal: Yes
Measure: General02
Will your organization be using the National Training and Technical Assistance
Center (NTTAC) during the grant period, regardless of JAG funding? The NTTAC
serves as BJA's training and technical assistance center. You can find resources,
tools, webinars, and TTA support on a variety of criminal justice issues and
initiatives.
Goal: No
Measure: General03
Will your organization be using the NCJP.org website during the grant period,
regardless of JAG funding? NCJP.org contains resources to support strategic
planning, program development, and implementation of evidence -based policy and
practice.
Goal: Yes
Measure: General04
Will your organization be using the Evidence -Based Policing Matrix during the grant
period regardless of JAG funding? The Evidence -Based Policing Matrix provides
information on evidence -based practices for law enforcement.
Goal: Yes
Measure: General05
Will your organization be using the What Works in Reentry Clearinghouse during the
grant period regardless of JAG funding? The clearinghouse provides research on the
effectiveness of reentry programs and practices.
Goal: No
Measure: General06
Application Ref # 2020-JAGD-2282 Section #3 Page 1 of 4
Contract # 2021-JAGD-LAKE-3-4R-008
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
Will your organization be using Research to Practice during the grant period
regardless of JAG funding? Research to Practice promotes the dissemination of
research on drug courts to practitioners and policymakers.
Goal: Yes
Measure: General07
Will your organization be using any other resources during the grant period
regardless of JAG funding? If yes, please describe them.
Goal: No
Measure: General08
During the grant period, will your agency conduct or sponsor (with or without JAG
funds) a survey or focus group of citizens on any of the following topics? Enter all
that apply from the following list: Public satisfaction with police services; public
satisfaction with prosecution services; public satisfaction with public
defender/indigent defense services; public satisfaction with courts; public perceptions
of crime/disorder problems; personal crime experiences of citizens; none of the
above; unsure/don't know.
Goal: No
Measure: General09
During the grant period, which of the following community activities will your
organization be involved in, with or without JAG funds and how often will they each
occur (yearly, monthly, etc.)? Choose from the following list: Hosting community
meetings; attending community meetings; distributing a newsletter, e-mail, or other
bulletin; attending community events; conducting social media activities; conducting
outreach to minority populations; other (please describe)
Goal: Yes. Housing community meetings, attending community meetings, distributing
emails, attending community events, conducting social media activities.
Measure: General10
Law Enforcement Agencies ONLY: In which of the following ways has your agency
fostered community involvement in the last year? Enter all that apply from the
following list: Citizen Review Board or other review board with citizen representation,
Citizen's Police Academy, Internships for university or high school students,
Volunteer Program, Auxiliary police officer program, Police Cadet Program, 02
school programs, Youth Athletic Programs, Other (please Describe), None of the
above, Unsure/Don't know.
Goal: Planning and implementation of a community advisory board. We are planning to
host a citizens police academy, Covid 19 restrictions permitting. We currently use a
volunteer program as well as a police
Application Ref # 2020-JAGD-2282 Section #3 Page 2 of 4
Contract# 2021-JAGD-LAKE-3-4R-008
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
explorer and cadet program.
Measure: General 11
Identify the goal(s) you hope to achieve with your funding. If you have multiple goals,
describe each goal separately.
Goal: Provide more efficient safety and security for our personnel, our general population
while protecting freedom of speech and peaceful assembly.
Measure: General12
Are the subrecipient and implementing agency aware that they will be required to
report on the status of the identified goals during each reporting period?
Goal: Yes quarterly.
Measure: General13
Describe any barriers you may encounter which may prevent you from achieving
your identified goal(s).
Goal: Competitive vendor market as other law enforcement agencies are attempting to
purchase similar equipment.
Measure: General14
Are you aware that the Office of Criminal Justice Grants encourages recipients to
report on any noteworthy accomplishments, success stories, or program results that
they would like to showcase?
Goal: Yes
Measure: General 11 b
What major activities are planned for each of your goals listed in question 11?
Goal: Research equipment. Seek out competitive bids. Purchase equipment. Distribute
equipment to personnel. Provide appropriate training to personnel.
State Purpose Area: 3E - Equipment, Supplies, and Technology Enhancements
Objectives and Measures —
Objective: Equipment - Questions for recipients funding Equipment, Supplies, and Technology
Enhancements.
Measure: Equipment 01
Do the Subrecipient and Implementing agencies understand that they will be required
to submit an itemized account of all items purchased during each reporting period as
part of their performance reporting?
Goal: Yes
Application Ref # 2020-JAGD-2282 Section #3 Page 3 of 4
Contract # 2021-JAGD-LAKE-3-4R-008
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
Application Ref # 2020-JAGD-2282
Section #3 Page 4 of 4
Contract # 2021-JAGD-LAKE-3-4R-008
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
_, 177,_ A
General Financial Info:
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 1 Vendor Number: 596000290
Budget Category
Salaries and Benefits
Contractual Services
Expenses
Operating Capital
Outlay
Indirect Costs
Tntals --
Prime
$0.00
$0.00
$6,159.00
$0.00
on nn
SS-159-on
Project Generated Income:
Will the project earn project generated income (PGQ?
Application Ref # 2020-JAGD-2282
Contract # 2021-JAGD-LAKE-3-4R-008
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
$0.00
$0.00
$0.00
$0.00
$0.00
,tn_nn
No
Total
$0.00
$0.00
$6,159.00
$0.00
$0.00
$6,169.00
100.0
Section #4 Page 1 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
Budget Narrative:
Expenses:
Tactical Gas Mask -15 @ $175.00 each = $2,625.00
Tactical Gas Mask Canister -15 @ $77.00 each = $1,155.00
Drog Leg Gas Mask Carrier -15 @ 21.00 each = $315.00
Shield 36x20 -10 @ 139.50 each = $1,395.00
Helmet with Face Shield - 15 @ $175.00 each = $2,625.00
Wooden Baton- 15 @ 10.00 each = $150.00
Total - $8,265.00
The above listed item(s) may include additional individually priced, operationally necessary
accessories, components, and/or peripherals and may be categorized as a "kit", "bundle", "system"
etc.
Grant funds may be used to pay for any applicable shipping, freight, and/or installation costs.
Grant funds will NOT be used to pay for extended warranties outside of the project period.
Any costs that exceed the grant allocation will be the responsibility of the subrecipient and/or
implementing agency.
All items, quantities, and/or prices above are estimates based on the information available at the
time of application.
Application Ref # 2020-JAGD-2282
Section #4 Page 2 of 3
Contract # 2021 -JAG D-LAKE-3-4R-008
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
Section Questions:
Question: If the budget contains salaries and benefits, will this project result in a net personnel
increase, or continue to fund a prior federally grant funded net personnel increase?
(Documentation will be required.)
Answer: N/A
Question: If fringe benefits are included, are they detailed in the budget narrative?
Answer: N/A
Question: If indirect cost is included, explain the indirect cost plan. Provide documentation of
approval.
Answer: N/A
Question: If contractual services in the budget are based on unit costs, provide a definition and
breakdown of cost for each service. Include the methodology for the unit cost plan
and when it was approved.
Answer: N/A
Question: If Expenses or Operating Capital Outlay are included in your budget, what will be the
method of procurement for those items? (e.g., competitive bid, sole source, state term
contract)
Answer: Competitive bid
Application Ref # 2020-JAGD-2282
Section #4 Page 3 of 3
Contract # 2021 -JAG D-LAKE-3-4R-008
Rule Reference 11D-9.006 OCJG-005 (rev. April 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
SUBAWARD STANDARD CONDITIONS
The State of Florida, Department of Law Enforcement (FDLE) is a recipient of federal JAG funds. FDLE, as the non-
federal pass -through entity and State Administering Agency (SAA) for this program, subawards JAG funds to eligible
units of government. All subawards made by FDLE to units of government under this program require compliance
with the agreement and Standard Conditions upon signed acceptance of the subaward.
The Department will only reimburse subrecipients for authorized activities. The Department will not reimburse for
costs incurred for any purpose other than those specified in the agreement. Failure to comply with provisions of this
agreement, or failure to perform grant activities as specified in the agreement, will result in required corrective action
up to and including financial consequences. A financial consequence may be imposed for non-compliance in
accordance with 2 C.F.R. § 200 and these Standard Conditions, including but not limited to project costs being
disallowed, withholding of federal funds and/or termination of the project.
GENERAL RAQU,IREMW NTS
All subrecipients must comply with the financial and administrative requirements set forth in the following:
Current edition of the U.S. Department of Justice (DOJ) Grants Financial Guide
httos://oip.qov/financiaiguide/doi/pdfs/DOJ FinancialGuide.pdf
Office of Management and Budget (OMB) Uniform Grant Guidance (2 CFR Part 200)
Subpart A, Definitions
Subparts B-D, Administrative Requirements
Subpart E, Cost Principles
Subpart F, Audit Requirements and all applicable Appendices
Code of Federal Regulations: www.goo.gov/fdsys/
2 C.F.R. §175.15(b), Award Term for Trafficking in Persons
28 C.F.R. §38, Equal Treatment for Faith -Based Organizations
28 C.F.R. § 66, U.S. Department of Justice Common Rule for State and Local Governments
28 C.F.R. § 83, Government -Wide Requirements for Drug -Free Workplace
28 C.F.R. §§ 18, 22, 23, 30, 35, 42, 61, and 63
State of Florida General Records Schedule GS1-SL for State and Local Government Agencies:
http://dos.mvflorida.com/media/693574/general-records-schedulegsOl-sl.gt and
http://dos.mvflorida.com/media/698314/gs2-sl-2017-final.pA,'
State of Florida Statutes
Section 215.971, F.S., Agreements funded with federal or state assistance
Section 215.985, F.S., Transparency in government spending
FY19 JAG Standard Conditions Page 1 of 18
Rev. 04/2020
:DEFINITIONS
Disallowed costs means those charges to a Federal
award that the Federal awarding agency or pass -
through entity determines to be unallowable, in
accordance with the applicable Federal statutes,
regulations, or the terms and conditions of the Federal
award.
Equipment means tangible personal property
(including information technology systems) having a
useful life of more than one year and a per -unit
acquisition cost which equals or exceeds the lesser of
the capitalization level established by the non -Federal
entity for financial statement purposes, or $5,000. See
also §§200.12 Capital assets, 200.20 Computing
devices, 200.48 General purpose equipment, 200.58
Information technology systems, 200.89 Special
purpose equipment, and 200.94 Supplies.
Grant agreement means a legal instrument of
financial assistance between a Federal awarding
agency or pass -through entity and a non -Federal
entity that, consistent with 31 U.S.C. 6302, 6304, is
used to enter into a relationship the principal purpose
of which is to transfer anything of value from the
Federal awarding agency or pass -through entity to the
non -Federal entity to carry out a public purpose
authorized by a law of the United States (see 31
U.S.C. 6101(3)); and not to acquire property or
services for the Federal awarding agency or pass -
through entity's direct benefit or use; and is
distinguished from a cooperative agreement in that it
does not provide for substantial involvement between
the Federal awarding agency or pass -through entity
and the non -Federal entity in carrying out the activity
contemplated by the Federal award.
Improper payment means any payment that should
not have been made or that was made in an incorrect
amount (including overpayments and underpayments)
under statutory, contractual, administrative, or other
legally applicable requirements. Improper payment
also includes any payment to an ineligible party, any
payment for an ineligible good or service, any
duplicate payment, any payment for a good or service
not received (except for such payments where
authorized by law), any payment that does not
account for credit for applicable discounts, and any
payment where insufficient or lack of documentation
prevents a reviewer from discerning whether a
payment was proper.
Micro -purchase means a purchase of supplies or
services using simplified acquisition procedures, the
aggregate amount of which does not exceed the
micro -purchase threshold. The non -Federal entity
uses such procedures in order to expedite the
completion of its lowest -dollar small purchase
transactions and minimize the associated
administrative burden and cost. The micro -purchase
threshold is set by the Federal Acquisition Regulation
FY19 JAG Standard Conditions
Rev. 0412020
in 48 CFR Subpart 2.1 (Definitions). It is $3,500
except as otherwise discussed in Subpart 2.1 of that
regulation, but this threshold is periodically adjusted
for inflation.
Modified Total Direct Cost (MTDC) means all direct
salaries and wages, applicable fringe benefits,
materials and supplies, services, travel, and up to the
first $25,000 of each subaward (regardless of the
period of performance of the subawards under the
award). MTDC excludes equipment, capital
expenditures, charges for patient care, rental costs,
tuition remission, scholarships and fellowships,
participant support costs and the portion of each
subaward in excess of $25,000. Other items may only
be excluded when necessary to avoid a serious
inequity in the distribution of indirect costs, and with
the approval of the cognizant agency for indirect
costs.
Non -Federal entity is a state, local government,
Indian tribe, institution of higher education (IHE), or
nonprofit organization that carries out a Federal
award as a recipient or subrecipient.
Non-federal pass -through entity is a non -Federal
entity that provides a subaward to a subrecipient to
carry out part of a Federal program; the Florida
Department of Law Enforcement (FDLE) is the non-
federal pass -through entity for this agreement, also
referred to as the State Administering Agency (SAA).
Period of performance means the time during which
the non -Federal entity may incur new obligations to
carry out the work authorized under the Federal
award. The Federal awarding agency or pass -through
entity must include start and end dates of the period
of performance in the Federal award (see §§200.210
Information contained in a Federal award paragraph
(a)(5) and 200.331 Requirements for pass -through
entities, paragraph (a)(1)(iv)).
Protected Personally Identifiable Information (PII)
means an individual's first name or first initial and last
name in combination with any one or more of types of
information, including, but not limited to social security
numbers; passport numbers; credit card numbers;
clearances; bank numbers; biometrics; date and place
of birth; mother's maiden name; criminal, medical, and
financial records; and educational transcripts. This
does not include PII that is required by law to be
disclosed. (See also § 200.79 Personally Identifiable
Information (PII)).
Questioned cost means a cost that is questioned by
the auditor because of an audit finding 1) that resulted
from a violation or possible violation of a statute,
regulation, or the terms and conditions of a Federal
award, including for funds used to match Federal
funds; 2) where the costs, at the time of the audit, are
not supported by adequate documentation; or 3)
where the costs incurred appear unreasonable and do
Page 2 of 18
not reflect the actions a prudent person would take in
the circumstances.
Simplified acquisition threshold means the dollar
amount below which a non -Federal entity may
purchase property or services using small purchase
methods. Non -Federal entities adopt small purchase
procedures in order to expedite the purchase of items
costing less than the simplified acquisition threshold.
The simplified acquisition threshold is set by the
Federal Acquisition Regulation at 48 C.F.R. Subpart
2.1 (Definitions) and in accordance with 41 U.S.C. §
1908. As of the publication of this part, the simplified
acquisition threshold is $250,000, but this threshold is
periodically adjusted for inflation. (Also see definition
of Micro -purchase, 2 C.F.R.§ 200.67)
Subaward is an award provided by a pass -through
entity to a subrecipient for the subrecipient to carry
out part of a Federal award received by the pass -
through entity. It does not include payments to a
contractor or payments to an individual who is a
beneficiary of a Federal program. A subaward may be
provided through any form of legal agreement,
including an agreement that the pass -through entity
considers a contract.
Subrecipient means a non -Federal entity that
receives a subaward from a pass -through entity to
carry out part of a Federal program; but does not
include an individual that is a beneficiary of such
program. A subrecipient may also be a recipient of
other Federal awards directly from a Federal
awarding agency.
Supplies means all tangible personal property other
than those described in §200.33 Equipment. A
computing device is a supply if the acquisition cost is
less than the lesser of the capitalization level
established by the non -Federal entity for financial
statement purposes or $5,000, regardless of the
length of its useful life. See also §§200.20 Computing
devices and 200.33 Equipment.
SECTION I: TERMS AND
;CONDITIONS
1.0 Payment Contingent on Appropriation and
Available Funds - The State of Florida's
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 subrecipients
for incurred costs is subject to available federal
funds.
2.0 Commencement of Project - If a project is not
operational within 60 days of the original start
date of the award period, the subrecipient must
report by letter to the Department the steps taken
to initiate the project, the reasons for delay, and
FY19 JAG Standard Conditions
Rev. 0412020
the expected start date.
If a project is not operational within 90 days of the
original start date of the award period, the
subrecipient 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 subaward 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.
3.0 Supplanting - The subrecipient 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.
4.0 Personnel Changes - The subrecipient agrees
to promptly notify the Department through the
SIMON Help Desk of any change in chief officials
or key project staff, including changes to contact
information or title changes. The subrecipient
acknowledges that some changes in points of
contact will require formal grant adjustment to
reflect the change in the agreement.
5.0 Non -Procurement, Debarment and
Suspension - The subrecipient agrees to comply
with Executive Order 12549, Debarment and
Suspension and 2 C.F.R. § 180, "OMB
Guidelines To Agencies On Government wide
Debarment And Suspension (Non -procurement)".
These procedures require the subrecipient 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 subaward is $100,000 or
more, the sub recipient and implementing agency
certify that they and their principals:
1) Are not presently debarred, suspended,
proposed for debarment, declared ineligible,
sentenced to a denial of federal benefits by a
state or federal court, or voluntarily excluded
from covered transactions by any federal
department or agency;
2) 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
Page 3 of 18
6.0
7.0
8.0
9.0
offense in connection with obtaining,
attempting to obtain, or performing a public
(federal, state, or local) transaction or
contract under a public transaction; violation
of federal or state antitrust statutes or
commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records,
making false statements, or receiving stolen
property;
3) 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 (a)(ii) of the
"Lobbying, Debarment and Drug Free
Workplace" certification; and
4) 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.
Federal Restrictions on Lobbying - In general,
as a matter of federal law, federal funds may not
be used by any subrecipient at any tier, either
directly or indirectly, to support or oppose the
enactment, repeal, modification, or adoption of
any law, regulation, or policy, at any level of
government. See 18 U.S.C. § 1913.
Another federal law generally prohibits federal
funds from being used by any subrecipient at any
tier, to pay any person to influence (or attempt to
influence) a federal agency, a Member of
Congress, or Congress (or an official or
employee of any of them) with respect to the
awarding of a federal grant or cooperative
agreement, subgrant, contract, subcontract, or
loan, or with respect to actions such as renewing,
extending, or modifying any such award. See 31
U.S.C. § 1352.
State Restrictions on Lobbying - In addition to
the provisions contained above, the expenditure
of funds for the purpose of lobbying the
legislature or a state agency is prohibited under
this agreement.
Additional Restrictions on Lobbying - The
subrecipient 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.
"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"
FY19 JAG Standard Conditions
Rev. 04/2020
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 an offender's apparent ability to pay,
such that disparate conditions of confinement are
created for the same or similar offenders within a
jurisdiction.
10.0 The Coastal Barrier Resources Act - The
subrecipient will comply and assure the
compliance of all contractors with the provisions
of the Coastal Barrier Resources Act (P.L. No.
97-348) dated October 18, 1982 (16 USC 3501 et
seq.) which prohibits the expenditure of most new
federal funds within the units of the Coastal
Barrier Resources System.
11.0 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, F.S. shall apply.
All employees in positions designated by law as
positions of trust or responsibility shall be
required to undergo security background
investigations as a condition of employment and
continued employment. For the purposes of the
subsection, security background investigations
shall include, but not be limited to, employment
history checks, fingerprinting for all purposes and
checks in this subsection, statewide criminal and
juvenile records checks through the Florida
Department of Law Enforcement, and federal
criminal records checks through the Federal
Bureau of Investigation, and may include local
criminal records checks through local law
enforcement agencies.
Such background investigations shall be
conducted at the expense of the employing
agency or employee.
12.0Privacy Certification - The subrecipient must
comply with all confidentiality requirements of 34
U.S.C. § 10231 and 28 C.F.R. § 22 that are
applicable to collection, use, and revelation of
data or information. Subrecipient further agrees,
as a condition of grant approval, to submit a
Privacy Certificate that is in accord with
requirements of 28 C.F.R. §§ 22 and, in
particular, 22.23. Privacy Certification forms must
be signed by the subrecipient or implementing
Page 4 of 18
agency chief official or an individual with formal,
written signature authority for the chief official.
13.0 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.
14.0 Insurance for Real Property and Equipment -
The subrecipient must, at a minimum, provide the
equivalent insurance coverage for real property 3.0
and equipment acquired or improved with
Federal funds as provided to property owned by
the non -Federal entity.
16.0 Flood Disaster Protection Act - The sub
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.
16.0 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 1324(a), Section 274(A) of the
Immigration and Nationality Act ("INA"). The
Department shall consider the employment by
any contractor of unauthorized aliens a violation
of Section 274(A) of the INA. Such violation by
the subrecipient of the employment provisions
contained in Section 274(A) of the INA shall be
grounds for unilateral cancellation of this contract
by the Department.
SECTION If: CIVIL RIGHTS
'REQUIREMENTS
1.0 Participant Notification of Non-discrimination
FDLE does not discriminate on the basis of race,
color, religion, national origin, sex, disability or
age in the delivery of services, benefits or in
employment.
2.0 Title VI of the Civil Rights Act of 1964 - The
subrecipient at any tier, must comply with all
applicable requirements of 28 CFR § 42,
specifically including any applicable requirements
in Subpart E that relate to an equal employment
opportunity program.
Equal Employment Opportunity Certification
(EEOC) - A subrecipient or implementing agency
must submit an EEO Certification annually within
120 days of award.
Equal Employment Opportunity Program
(EEOP) - A subrecipient or implementing agency
must comply with all applicable requirements in
28 C.F.R. §42, Subpart E.
Subrecipients are advised to use the Office for
Civil Rights EEO Reporting Tool to satisfy this
condition(https:Noir).gov/abouttocr/eeor).htm).
Title IX of the Education Amendments of 1972
If the subrecipient operates an education
program or activity, the subrecipient must comply
with all applicable requirements of 28 C.F.R. §
54, "Nondiscrimination on the basis of sex in
education programs or activities receiving federal
financial assistance."
4.0 Equal Treatment for Faith Based Organizations
The subrecipient at any tier, must comply with all
applicable requirements of 28 C.F.R. § 38, "Equal
Treatment for Faith Based Organizations",
specifically including the provision for written
notice to current or prospective program
beneficiaries.
5.0 Americans with Disabilities Act - Subrecipients
must comply with the requirements of the
Americans with Disabilities Act (ADA), Public Law
101-336, which prohibits discrimination on the
basis of disability including provision to provide
reasonable accommodations.
6.0 Section 504 of the Rehabilitation Act of 1973
(28 C.F.R. § 42, Subpart G) - Subrecipients must
comply with all provisions prohibiting
discrimination on the basis of disability in both
employment and the delivery of services.
7.0 Age Discrimination Act of 1975 - Subrecipients
must comply with all requirements in Subpart I of
28 C.F.R. §42 which prohibits discrimination
based on age in federally assisted programs.
8.0 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, subrecipients of federal
financial assistance must take reasonable steps
to provide meaningful access to their programs
and activities for persons with LEP. FDLE
strongly advises subrecipients to have a written
LEP Language Access Plan. For more
information visit www.lep.go�
9.0 Finding of Discrimination - In the event a
federal or state court or federal or state
administrative agency makes, after a due
FY19 JAG Standard Conditions Page 5 of 18
Rev. 04/2020
process hearing, a finding of discrimination on
the grounds of race, color, religion, national
origin, sex, or disability against a subrecipient of
funds, the subrecipient will forward a copy of the
finding to FDLE and to the Office for Civil Rights,
Office of Justice Programs.
10.0 Filing a Complaint - If the subrecipient or any of
its employees, contractors, vendors, or program
beneficiaries has a discrimination complaint, they
may file a complaint with the subrecipient, with
FDLE, or with the Office for Civil Rights.
Discrimination complaints may be submitted to
FDLE at Office of the Inspector General, Post
Office Box 1489, Tallahassee, Florida 32302-
1489, or online at info&fdle.state.fl.us. Any
discrimination complaints filed with FDLE will be
reviewed by FDLE's Inspector General and
referred to the Office for Civil Rights, the Florida
Commission on Human Relations, or the Equal
Employment Opportunity Commission, based on
the nature of the complaint.
Discrimination complaints may also be submitted
to the Office for Civil Rights, Office of Justice
Programs, U.S. Department of Justice, 810 7th
Street, Northwest, Washington, D.C. 20531, or by
phone at (202) 307-0690.
11.0 Retaliation - In accordance with federal civil
rights laws, the subrecipient shall not retaliate
against individuals for taking action or
participating in action to secure rights protected
by these laws.
12.0 Non-discrimination Contract Requirements -
Subrecipients must include comprehensive Civil
Rights nondiscrimination provisions in all
contracts funded by the subrecipient.
13.0 Pass -through Requirements - Subrecipients
are responsible for the compliance of contractors
and other entities to whom they pass -through
funds including compliance with all Civil Rights
requirements. These additional tier subrecipients
must be made aware that they may file a
discrimination complaint with the subrecipient,
with FDLE, or with the USDOJ Office for Civil
Rights and provided the contact information.
SECTION III: FINANCIAL
REQUIREMENTS AND
RESPONSIBILTY
1.0 Fiscal Control and Fund Accounting
Procedures - All expenditures and cost
accounting of funds shall conform to the DOJ
Grants Financial Guide, the 28 C.F.R. § 66, and
2 C.F.R. § 200 as applicable, in their entirety.
FY19 JAG Standard Conditions
Rev. 04/2020
Subrecipients are required to establish and
maintain adequate accounting systems and
financial records and to accurately account for
funds awarded to them. Financial management
systems must be able to record and report on the
receipt, obligation, and expenditure of grant
funds; and able to accommodate a fund and
account structure to separately track receipts,
expenditures, assets, and liabilities for awards,
programs, and additional tiered subrecipients.
The awarded funds may or may not be an
interest bearing account, 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 DOJ.
2.0 Match - The value or amount of any "non-federal
share," "match," or cost -sharing contribution
incorporated into the approved budget is part of
the "project cost" for purposes of the 2 C.F.R. §
200 Uniform Requirements, and is subject to
audit. In general, the rules and restrictions that
apply to award funds from federal sources also
apply to funds in the approved budget that are
provided as "match" or through "cost sharing."
SECTION IV: SUBAWARI)
MANAGEMENT AND REPORTING
REQUIREMENTS
1.0 Obligation of Subrecipient Funds - Subaward
funds shall not under any circumstances be
obligated prior to the effective date, or
subsequent to the termination date, of the period
of performance. Only project costs incurred on or
after the effective date, and on or prior to the
termination date of the subrecipient's project are
eligible for reimbursement. All payments must be
completed within forty-five (45) days of the end of
the subaward period of performance.
2.0 Use of Funds - Grant funds may be used only
for the purposes in the subrecipient's approved
application. Subrecipients shall not undertake
any work or activities not described in the
approved grant award, and that use staff,
equipment, or other goods or services paid for
with grant funds, without prior written approval
from FDLE's Office of Criminal Justice Grants
(OCJG).
3.0 Advance Funding - Advance funding may be
provided to a subrecipient upon a written request
to the Department. The request must be
electronically signed by the subrecipient or
Page 6 of 18
implementing agency's Chief Financial Officer or
the Chief Financial Officer designee.
4.0 Performance and Reporting
Reporting Time Frames - The Project Director,
Application Manager, or Performance Contacts
shall submit Monthly or Quarterly Project
Performance Reports to the Department, within
fifteen (15) days after the end of the reporting
period. In addition, if the subaward period is
extended beyond the "original" project period,
additional Project Performance Reports shall be
submitted.
Failure to Submit - Performance Reports that
are not complete, accurate, and timely may result
in sanctions, as specified in Section IV,
Subaward Management and Reporting
Requirements.
Report Contents - Performance Reports must
include a response to all objectives included in
your subaward. A detailed response is required in
the narrative portion for yes/no performance
objectives. Submitted performance reports must
clearly articulate, where appropriate,
performance during the execution of the award
has met a standard against which the
subrecipient's performance can be measured.
The narrative must also reflect on
accomplishments for the period and identify
problems with project implementation and
address actions being taken to resolve the
problems. Additional information may be required
if necessary to comply with federal reporting
requirements.
Requirement for Data on Performance and
Effectiveness Under the Award - The
subrecipient must collect and maintain data that
measures the performance and effectiveness of
work under this award. The data must be
provided to OCJG in the manner (including within
the timeframes) specified by OCJG. Data
collection supports compliance with the
Government Performance and Results Act
(GPRA) and the GPRA Modernization Act of
2010, and other applicable laws.
Financial Consequences for Failure to
Perform - In accordance with s. 215.971 F.S.,
payments for state and federal financial
assistance must be directly related to the scope
of work and meet the minimum level of
performance for successful completion. If the
subrecipient fails to meet the minimum level of
service or performance identified in this
agreement, or is customary for subawards, then
the Department will apply financial consequences
commensurate with the deficiency. Financial
consequences may include but are not limited to
FY19 JAG Standard Conditions
Rev. 04/2020
withholding payments or reimbursement until the
deficiency is resolved, tendering only partial
payment/reimbursement, imposition of other
financial consequences according to the
Standard Conditions as applicable, and/or
termination of contract and requisition of goods or
services from an alternate source. Any payment
made in reliance on subrecipient's evidence of
performance, which evidence is subsequently
determined to be erroneous, will be immediately
due to the Department as an overpayment.
6.0 Grant Adjustments - Subrecipients must submit
a grant adjustment through SIMON for major
substantive changes such as changes in project
activities or scope of the project, target
populations, service providers, implementation
schedules, project director, and designs or
research plans set forth in the approved
agreement and for any budget changes that
affect a cost category that was not included in the
original budget. Adjustments are also required
when there will be a transfer of 10% or more of
the total budget between budget categories, or
there is an indirect cost rate category change.
Subrecipients 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.
Under no circumstances can transfers of funds
increase the total budgeted award.
Requests for changes to the subaward
agreement must be electronically signed by the
subrecipient or implementing agency's chief
official or the chief official's designee.
All requests for changes, including all requests
for project period extensions, must be submitted
in SIMON no later than thirty (30) days prior to
grant expiration date.
6.0 Financial Expenditures and Reporting
Reporting Requirements - The subrecipient
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 subaward period is
extended, additional Project Expenditure Reports
shall be submitted.
All project expenditures for reimbursement of
subrecipient costs shall be submitted on the
Project Expenditure Report Forms prescribed
and provided by the Office of Criminal Justice
Grants (OCJG) through the SIMON (Subgrant
Information Management Online).
Page 7 of 18
7.0
All Project Expenditure Reports shall be
submitted in sufficient detail for proper pre -audit
and post -audit.
All reports must relate financial data to
performance accomplishments.
Before the "final" Project Expenditure Report will
be processed, the subrecipient 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.
Reports are to be submitted even when no
reimbursement is being requested.
Submission - The report must be electronically
signed by the subrecipient or implementing
agency's Chief Financial Officer or the Chief
Financial Officer designee.
Project Generated Income (PGI) - All income
generated as a direct result of a sub project shall
be deemed program income. Program income
from asset seizures and forfeitures is considered
earned when the property has been adjudicated
to the benefit of the plaintiff (i.e., law enforcement
entity).
Required Reports - The subrecipient shall
submit Quarterly PGI Earnings and Expenditures
Reports to the Department within thirty (30) days
after the end of the reporting period covering
subaward project generated income and
expenditures during the previous quarter.
PGI Expenditure - Program income should be
used as earned and expended as soon as
possible and used to further the objects in which
the award was made
Submission - PGI Earnings and Expenditures
reports must be electronically signed by the
subrecipient or implementing agency's chief
financial officer or the chief financial officer's
designee.
Unexpended PGI - If any PGI remains unspent
after the subaward ends, the subrecipient must
continue submitting quarterly PGI reports until all
funds are expended.
Additionally, 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.
8.0 Subrecipient Integrity and Performance
Matters - Requirement to report information on
FY19 JAG Standard Conditions
Rev. 04/2020
certain civil, criminal, and administrative
proceedings to OCJG, SAM and FAPIIS.
The subrecipient must comply with any and all
applicable requirements regarding reporting of
information on civil, criminal, and administrative
proceedings connected with (or connected to the
performance of) either this award or any other
grant, cooperative agreement, or procurement
contract from the federal government. Under
certain circumstances, subrecipients of OJP
awards are required to report information about
such proceedings, through the federal System for
Award Management ("SAM"), to the designated
federal integrity and performance system
("FAPIIS").
ECTION V: MONITORING AND
OAUDIT$
1.0 Access to Records - 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
subrecipient, implementing agency and
contractors for the purpose of audit and
examination according to the Financial Guide and
the 28 C.F.R. § 66. At any time, a representative
of the Department, the U.S. Department of
Justice, or the Auditor General of the State of
Florida, have the right to visit the project site to
monitor, inspect and assess work performed
under this agreement.
The Department reserves the right to unilaterally
terminate this agreement if the subrecipient,
implementing agency, or contractor refuses to
allow public access to all documents, papers,
letters, or other materials subject to provisions of
s. 119, F.S., unless specifically exempted and/or
made confidential by operation of s. 119, F.S.,
and made or received by the subrecipient or its
contractor in conjunction with this agreement.
The subrecipient will give the awarding agency or
the General Accounting Office, through any
authorized representative, access to and the right
to examine all paper or electronic records related
to the financial assistance.
2.0 Monitoring - The recipient agrees to comply with
FDLE's 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
Page 8 of 18
reasonable deadlines set by FDLE for providing
requested documents. Failure to cooperate with
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 award(s).
3.0 Property Management - The subrecipient shall
establish and administer a system to protect,
preserve, use, maintain and dispose of any
property furnished to it by the Department or
purchased pursuant to this agreement according
to federal property management standards set
forth in the DOJ Grants Financial Guide, and 28
C.F.R. § 66. This obligation continues as long as
the subrecipient retains the property,
notwithstanding expiration of this agreement.
Property Use - The subrecipient must use
equipment acquired under a Federal award for
the authorized purposes of the project during the
period of performance, or until the property is no
longer needed. Subrecipients must use, manage
and dispose of equipment acquired under a
Federal award in accordance with ss. 274, F.S.
Tangible Property and 2 C.F.R. 200.313,
Equipment.
4.0 Subaward Closeout - A Financial Closeout Audit
shall be submitted to the Department within forty-
five (45) days of the end date of the performance
period.
The Financial Closeout Audit report located in
SIMON must be electronically signed by the
subrecipient or implementing agency's Chief
Financial Officer or the Chief Financial Officer
designee.
Subaward Closeout will be initiated by the
Department after the Financial Closeout has
been completed and approved. Failure to submit
closeout reports timely will result in an
Administrative Closeout by the Department.
5.0 High Risk Subrecipients - If a subrecipient is
designated "high risk" by a federal grant -making
agency, currently or at any time during the course
of the period of performance under this award,
the subrecipient must disclose that fact and
certain related information to FDLE's OCJG. For
purposes of this disclosure, high risk includes any
status under which a federal awarding agency
provides additional oversight due to the
subrecipient's past performance, or other
programmatic or financial concerns with the
subrecipient. The subrecipient's disclosure must
include the following: 1. The federal awarding
agency that currently designates the subrecipient
FY19 JAG Standard Conditions
Rev. 04/2020
high risk, 2. The date the subrecipient was
designated high risk, 3. The high -risk point of
contact at that federal awarding agency (name,
phone number, and email address), and 4. The
reasons for the high -risk status, as set out by the
federal awarding agency.
6.0 Imposition of Additional Requirements - The
subrecipient agrees to comply with any additional
requirements that may be imposed by OCJG
during the period of performance for this award, if
the subrecipient is designated as "high risk" for
purposes of the DOJ high -risk grantee list.
7.0 Retention of Records - The subrecipient shall
maintain all records and documents for a
minimum of five (5) years from the date of the
final financial statement and be available for audit
and public disclosure upon request of duly
authorized persons. The subrecipient shall
comply with State of Florida General Records
Schedule GS1-SL for State and Local
Government Agencies:
h=s://dos.mvflorida.com/media/6935.76/q_sl
2017-final.0f .
8.0 Disputes and Appeals - The Department shall
make its decision in writing when responding to
any disputes, disagreements, or questions of fact
arising under this agreement and shall distribute
its response to all concerned parties. The
subrecipient shall proceed diligently with the
performance of this agreement according to the
Department's decision. If the subrecipient
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 subrecipient's right to appeal
the Department's decision is contained in § 120,
F.S., and in procedures set forth in Rule 28-
106.104, Florida Administrative Code. Failure to
appeal within this time frame constitutes a waiver
of proceedings under Chapter 120, F.S.
9.0 Failure to Address Audit Issues - The
subrecipient understands and agrees that FDLE's
OCJG may withhold award funds, or may impose
award conditions or other related requirements, if
(as determined by OCJG) the subrecipient does
not satisfactorily and promptly address
outstanding issues from audits required by the 2
C.F.R. § 200 Uniform Requirements (or by the
terms of this award), or other outstanding issues
that arise in connection with audits,
investigations, or reviews.
10.0 Single Annual Audit - Subrecipients that expend
$750,000 or more in a year in federal awards
shall have a single audit or program -specific audit
conducted for that year. The audit shall be
performed in accordance with the OMB 2 C.F.R.
§ 200 Subpart F — Audit Requirements and other
Page 9 of 18
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 subrecipient shall submit an annual financial
audit that meets the requirements of 2 C.F.R. §
200 Subpart F, "Audit Requirements" s. 215.97,
F.S., "Florida Single Audit Act" and Rules of the
Auditor General, Chapter 10.550, and Chapter
10.650, "Local Governmental Entity Audits" and
"Florida Single Audit Act Audits Nonprofit and
For -Profit Organizations."
A complete audit report that covers any portion of
the effective dates of this agreement must be
performed and submitted to the Federal Audit
Clearinghouse within the earlier of thirty (30)
calendar days after receipt of the auditor's
report(s), or nine (9) months after the end of the
audit period. Submissions must include required
elements described in Appendix X to 2 C.F.R. §
200 on the specified Data Collection Form (Form
SF -SAC).
Records shall be made available upon request
for a period of five (5) years from the date the
audit report is issued, unless extended in writing
by the Department.
Subrecipients that expend less than $750,000 in
federal awards during a fiscal year are exempt
from the Single Audit Act audit requirements for
that fiscal year. In this case, written notification, in
the form of the "Certification of Audit Exemption"
form, shall be provided to the Department by the
Chief Financial Officer, or designee, that the
subrecipient is exempt. This notice shall be
provided to the Department no later than March 1
following the end of the fiscal year.
SECTION VI: SUBAWARD
PROCUREMENT AND COST
PRINCIPLES
1.0 Procurement Procedures - Subrecipients must
have written procedures for procurement
transactions. Procedures must conform to
applicable Federal law and the standards in 2
C. F. R. §§ 200.318-326.
This condition applies to agreements that OCJG
considers to be a procurement "contract", and not
a second tier subaward.
The details of the advance approval requirement
to use a noncompetitive approach in a
FY19 JAG Standard Conditions
Rev. 04/2020
procurement contract under this award are posed
on the OJP website at
h s://o' ov/fundin /Ex lore/Noncom etitivePr
ocurement. htm.
Additional information on Federal purchasing
guidelines can be found in the Guide to
Procurements Under DOJ Grants and
Cooperative agreements at
h s:// ' ov/fundin /im Iement/Resource§Ll uj
deToProcurem entProcedures. df.
2.0 Cost Analysis - A cost analysis must be
performed by the subrecipient if the cost or price
is at or above the $35,000 acquisition threshold
and the contract was awarded non -competitively
in accordance with s. 216.3475, F.S. The
subrecipient must maintain records to support the
cost analysis, which includes a detailed budget,
documented review of individual cost elements
for allowability, reasonableness, and necessity.
See also: Referent
Expenditures.
3.0 Allowable Costs - Allowance for costs incurred
under the subaward shall be determined
according to the general principles and standards
for selected cost items set forth in the DOJ
Grants Financial Guide, 28 C.F.R. § 66, "Uniform
Administrative Requirements for Grants and
Cooperative Agreements to State and Local
Governments", and 2 CFR Subpart E, "Cost
Principles".
4.0 Unallowable Costs - Payments made for costs
determined to be unallowable by either the
Federal awarding agency, or the Department,
either as direct or indirect costs, must be
refunded (including interest) to FDLE and the
Federal Government in accordance with
instructions that determined the costs are
unallowable unless state or Federal statute or
regulation directs otherwise. See also 2 C.F.R.
§§ 200.300-309.
5.0 Indirect Cost Rate - A subrecipient that is
eligible to use the "de minimis" indirect cost rate
described in 2 C.F.R. § 200.414(f), and elects to
do so, must advise OCJG in writing of both its
eligibility and its election, and must comply with
all associated requirements in the 2 C.F.R. § 200
and Appendix VI I.
6.0 Sole Source - If the project requires a non-
competitive purchase from a sole source, the
subrecipient must complete the Sole Source
Justification for Services and Equipment Form
and submit to OCJG upon application for pre -
approval. If the subrecipient is a state agency
and the cost meets or exceeds $250,000, the
subrecipient must also receive approval from the
Department of Management Services (DMS) (s.
Page 10 of 18
287.057(5), F.S.). The Sole Source form must be
signed by the subrecipient or implementing
agency chief official or chief official designee.
Additional details on the sole source requirement
can be found at 2 C.F.R. § 200 and the DOJ
Grants Financial Guide.
1.0 Personal Services - Subrecipients may use
grant funds for eligible personal services
including salaries, wages, and fringe benefits,
including overtime in accordance with the DOJ
Grants Financial Guide Section 3.9 -
Compensation for Personal Services, consistent
with the principles set out in 2 C.F.R. § 200,
Subpart E and those permitted in the federal
program's authorizing legislation. Subrecipient
employees should be compensated with overtime
payments for work performed in excess of the
established work week and in accordance with
the subrecipient's written compensation and pay
plan.
Documentation - Charges for salaries, wages,
and fringe benefits must be supported by a
system of internal controls providing reasonable
assurance that charges are accurate, allowable,
and properly allocated. Documentation
supporting charges must be incorporated into the
official records of the organization.
Charges made to the Personnel Budget Category
must reasonably reflect the total time and activity
for which the employee is compensated by the
organization and cover both federally funded and
all other activities. The records may include the
use of subsidiary records as defined in the
organization's written policies. Where grant
subrecipients work on multiple grant programs or
cost activities, documentation must support a
reasonable allocation or distribution of costs
among specific activities or cost objectives.
8.0 Contractual Services - The subrecipient must
maintain written standards of conduct covering
conflicts of interest and governing the actions of
its employees engaged in the selection, award
and administration of contracts as described in 2
C.F.R. § 200.318, General procurement.
Requirements for Contractors of
Subrecipients - The subrecipient assures the
compliance of all contractors with the applicable
provisions of Title I of the Omnibus Crime Control
and Safe Streets Act of 1968, as amended 42
U.S.C. § 3711 et seq.; the provisions of the
current edition of the DOJ Grants
FinancialGuide(https:Hoap.gov/fiinancialquide/doi/
pdfs/DOJ FinancialGuide.pdf)� and all other
applicable federal and state laws, orders,
circulars, or regulations. The subrecipient must
pass -through all requirements and conditions
applicable to the federal grant award/subaward to
FY19 JAG Standard Conditions
Rev. 0412020
any subcontract. The term "contractor" is used
rather than the term "vendor" and means an
entity that receives a contract as defined in 2
C.F.R. § 200.22, the nature of the contractual
relationship determines the type of agreement.
Approval of Consultant Contracts
Compensation for individual consultant services
must be reasonable and consistent with that paid
for similar services in the marketplace. The
Federal awarding agency and pass -through entity
must review and approve in writing all consultant
contracts prior to employment of a consultant
when the individual compensation rate exceeds
$650 (excluding travel and subsistence costs) per
eight -hour day, or $81.25 per hour. A detailed
justification must be submitted to and approved
by FDLE, who will coordinate written approval of
the Federal awarding agency, prior to
subrecipient obligation or expenditures of such
funds. Approval shall be based upon the
contract's compliance with requirements found in
the Financial Guide Section 3.6 Consultant
Rates, 28 C.F.R. § 66, and applicable state
statutes. The Department's approval of the
subrecipient agreement does not constitute
approval of individual consultant contracts or
rates. If consultants are hired through a
competitive bidding process (not sole source),
the $650 threshold does not apply.
FFATA Reporting Requirements - Subrecipients
that enter into subawards of $25,000 or more
should review the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), website
for additional reporting requirements at
https://oip.qov/fundinci/Explore/FFATA.htm
9.0 Travel and Training - The cost of all travel shall
be reimbursed according to the subrecipient's
written travel policy. If the subrecipient does not
have a written travel policy, cost of all travel will
be reimbursed according to State of Florida
Travel Guidelines § 112.061, F.S. Any foreign
travel must obtain prior written approval from the
Federal awarding agency and pass -through
entity.
10.0 Expenses Related to Conferences, Meetings,
Trainings, and Other Events - Subgrant funds
requested for meetings, retreats, seminars,
symposia, events, and group training activities
and related expenses must receive written pre -
approval from the Federal awarding agency and
pass -through entity and comply with all
provisions in 2 C.F.R. § 200.432 and DOJ Grants
Financial Guide Section 3.10; Conference
Approval, Planning, and Reporting. Subgrant
applications requesting approval for meeting,
training, conference, or other event costs must
include a completed Conference & Events
Page 11 of 18
Submission Form for approval prior to obligating
subgrant funds for these purposes.
11.0 Training and Training Materials — Any training
or training materials that has been developed or
delivered with grant funding under this award
must adhere to the OJP Training Guiding
Principles for Grantees and Subgrantees,
available at
www.00p.gov/funding/oiptrainingguidingprincir)les.
htm.
12.0 Publications, Media and Patents 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
DOJ Grants Financial Guide, 28 C.F.R. §§ 66,
and 200.315.
Publication or Printing of Materials -
Publication costs for electronic and print media,
including distribution, promotion, and general
handling are allowable. If these costs are not
identifiable with a particular direct cost objective,
it should be allocated as indirect costs.
Publication includes writing, editing, and
preparing the illustrated material (including
videos and electronic mediums).
Subrecipients must request pre -approval in
writing for page charges for professional journal
publications. All publication materials must
comply with provisions in 2 C.F.R. § 200.461 and
DOJ Grants Financial Guide, Section 3.9;
Allowable Costs — Publication.
Subrecipients must submit for review and
approval one (1) copy of any written materials to
be published, including web -based materials and
website content, to be paid under this award at
least thirty (30) days prior to the targeted
dissemination date.
All electronic and print materials paid under this
award must contain the following statements
identifying the federal award:
"This project was supported by Award No.
2019-MU-BX-0036 awarded by the Bureau of
Justice Assistance, Office of Justice programs.
The opinions, findings, and conclusions or
recommendations expressed in this
publication/program/exhibition are those of the
authors and do not necessarily reflect the
views of the Department of Justice or grant -
making component."
Any website funded in whole or in part under this
award must include the same statement on the
home page, on all major entry pages (i.e., pages
(exclusive of documents) whose primary purpose
FY19 JAG Standard Conditions
Rev. 04/2020
is to navigate the user to interior content), and on
any pages from which a visitor may access or
use a web -based service, including any pages
that provide results or outputs from the service.
Patents - Subrecipients are subject to applicable
regulations governing patents and inventions,
including government wide regulations issued by
the Department of Commerce (37 C.F.R. § 401
and 2 C.F.R. § 200.315(c)).
Subrecipients must promptly and fully report to
FDLE and the Federal awarding agency if any
program produces patentable items, patent
rights, processes, or inventions, in the course of
work sponsored under this award.
13.0 Information Technology Projects
Criminal Intelligence Systems - The
subrecipient agrees that any information
technology system funded or supported by the
Office of Justice Programs funds will comply with
28 C.F.R. § 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. § 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. § 23
occur, the subrecipient may be fined as per 42
U.S.C. § 3789g(c)-(d). The subrecipient may not
satisfy such a fine with federal funds.
The subrecipient 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
subrecipient agrees that 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.
State IT Point of Contact - The subrecipient
must ensure that the State IT 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
subrecipient must maintain an administrative file
documenting the meeting of this requirement. For
a list of State IT Points of Contact, go to
https://it.o'ip.qov/technology-contacts.
The State IT Point of Contact will ensure the
Page 12 of 18
subrecipient's project follows a statewide
comprehensive strategy for information sharing
systems that improve the functioning of the
criminal justice system, with an emphasis on
integration of all criminal justice components, law
enforcement, courts, prosecution, corrections,
and probation and parole.
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 subrecipient 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.
ADP Justification - The subrecipient must
complete an Automated Data Processing (ADP)
equipment and Software and Criminal Justice
Information and Communication Systems
Request for Approval form if the purchase of any
ADP equipment is to be made. This form must be
submitted upon application if applicable and pre -
approval must be obtained. ADP Justification
must be signed by the subrecipient or
implementing agency chief official or an individual
with formal, written signature authority for the
chief official.
14.0 Interoperable Communications Guidance -
Subrecipients 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
iiu(�a.uwww.dhs._ ov/publication/funding
documents.
Subrecipients 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 subrecipient shall
also ensure projects support the Statewide
FY19 JAG Standard Conditions
Rev. 04/2020
Communication Interoperability Plan (SCIP) and
are fully coordinated with the full-time Statewide
Interoperability Coordinator (SWIG). If any future
regulatory requirement (from the FCC or other
governmental entity) results in a material
technical or financial change in the project, the
subrecipient should submit associated
documentation, and other material, as applicable,
for review by the SWIC to ensure coordination.
Subrecipients must provide a listing of all
communications equipment purchased with grant
award funding (plus the quantity purchased of
each item) to FDLE once items are procured
during any periodic programmatic progress
reports.
15.0 Global Standards Package - In order to
promote information sharing and enable
interoperability among disparate systems across
the justice and public safety community, OJP
requires the grantee to comply with DOJ's Global
Justice Information Sharing Initiative (DOJ's
Global) guidelines and recommendations for this
particular grant. Grantee shall conform to the
Global Standards Package (GSP) and all
constituent elements, where applicable, as
described at https:Hit.o*p.govloan. 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.
16.0 Unreasonable Restrictions on Competition -
This condition applies with respect to any
procurement of property or services funded (in
whole or in part) by this subaward, by the
subrecipient (at any tier), and regardless of the
dollar amount of the purchase or acquisition, the
method of procurement, or the nature of any legal
instrument used. The provisions of this condition
must be among those included in any subaward
(at any tier).
Consistent with the (DOJ) Part 200 Uniform
Requirements -- including as set out at 2
C.F.R. 200.300 and 200.319(a) —
Subrecipient (at any tier) may (in any
procurement transaction) discriminate
against any person or entity on the basis of
such person or entity's status as an
"associate of the federal government" (or on
the basis of such person or entity's status as
a parent, affiliate, or subsidiary of such an
associate), except as expressly set out in 2
C.F.R. 200.319(a) or as specifically
authorized by USDOJ.
Page 13 of 18
ii. Monitoring of compliance with the
requirements of this condition will be
conducted by FDLE.
iii. The term "associate of the federal
government" means any person or entity
engaged or employed (in the past or at
present) by or on behalf of the federal
government -- as an employee, contractor or
subcontractor (at any tier), grant recipient or
-subrecipient (at any tier), agent, or
otherwise — in undertaking any work, project,
or activity for or on behalf of (or in providing
goods or services to or on behalf of) the
federal government, and includes any
applicant for such employment or
engagement, and any person or entity
committed by legal instrument to undertake
any such work, project, or activity (or to
provide such goods or services) in future.
1.0 In regards to the program or activity funded in
whole or in part under this subaward and
throughout the period of performance for this
award, no state or local government entity,
agency or official may prohibit or in any way
restrict:
iv. Nothing in this condition shall be understood 2.0
to authorize or require any recipient, any
subrecipient at any tier, or any person or
other entity, to violate any federal law,
including any applicable civil rights or
nondiscrimination law.
17.0 Task Force Training Requirement - The
subrecipient agrees that within 120 days of
award, each current 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.or❑).
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 awards funds to support a task
force, the subrecipient 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).
SECTION VII: DHS Requirements
FY19 JAG Standard Conditions
Rev. 04/2020
Any government entity or official from sending or
receiving information regarding citizenship or
immigration status as described in 8 U.S.C.
1373(a); or a government entity or agency from
sending, requesting or receiving, maintaining, or
exchanging information regarding immigration
status as described in either 8 U.S.C. 1373(b) or
1644. For the purposes of this subaward, any
prohibition (or restriction) that violates this
condition is an "information -communication
restriction."
A subaward to a state or local government or a
public institution of higher education, cannot be
made unless a properly executed certification of
compliance with 8 U.S.C. 1373 and 1644, signed
by the chief legal officer of the subrecipient entity
has been received by OCJG. Similarly,
subrecipients cannot make a further subaward to
a state or local government or a public institution
of higher education, unless it first obtains a
properly executed certification of compliance with
8 U.S.C. 1373 and 1644 signed by the chief legal
officer of the third tier subrecipient.
3.0 Funding under this award cannot be subawarded
to any subrecipient at any tier that is either a
state or unit of local government or a public
institution of higher education that is subject to
any "information -communication restriction."
4.0 Subrecipients must notify FDLE (in writing) if it
has credible evidence that indicates that a funded
program or activity of a subrecipient at any tier
that is either a state or local government or a
public institution of higher education, may be
subject to any "information -communication
restriction."
5.0 For STATE AGENCIES: With respect to the
program or activity that is funded by this
subaward, as of the date the subrecipient
accepts this subaward, and throughout the
remainder of the period of performance for the
award-
i. A state statute or a state rule, regulation,
policy or practice must be in place that is
designed to ensure that agents of the United
States acting under color of federal law are
given access to any state (or state
contracted) correctional facility for the
Page 14 of 18
purpose of permitting such agents to meet
could form a predicate for) a violation of 18
with individuals who are (or are believed by
U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).
such agents to be) aliens and to inquire as to
such individuals' right to be or remain in the
Funds under this program are prohibited from
United States.
being used to make any public disclosure of
federal law enforcement information in a direct, or
ii. A state statute, or a state rule, regulation,
indirect, attempt to conceal, harbor, or shield
policy or practice must be in place that is
from detection any fugitive from justice under 18
designed to ensure that, when a state (or
U.S.C. Chapter 39, or any alien who has come
state contracted) correctional facility receives
to, entered, or remains in the United States in
a formal written request authorized by the
violation of 8 U.S.C. Chapter 12, without regard
Immigration and Nationality Act from DHS
to whether such disclosure would constitute (or
that seeks advance notice of the scheduled
could form a predicate for) a violation of 18
release date and time for a particular alien,
U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).
they will honor the request and as early as
practicable, provide the request notice to
8.0 Noninterference: Interrogation of Certain
DHS.
Aliens - In accordance with federal law
enforcement statutes and regulations, including 8
6.0 For units of LOCAL GOVERNMENT: With
U.S.C. 1357(a) and 8 C.F.R. 287.5(a), which
respect to the program or activity that is funded
allow certain federal officers and employees the
"any
by this subaward, as of the date the
power to interrogate alien or person
subrecipient accepts this subaward, and
believed to be an alien" regarding their right to be
throughout the remainder of the period of
or remain in the United states, and allows that
"anywhere
performance for the award-
power to be exercised in or outside
the United States," Subrecipients (at any tier) are
i. A local ordinance, rule, regulation, policy or
prohibited from interfering with the exercise of the
"without
practice (or an applicable state statute, rule,
power to interrogate warrant" (by agents
regulation policy or practice) must be in
of the United States acting under color of federal
place that is designed to ensure that agents
law) by impeding access to any state or local
of the United States acting under color of
government (or government contracted)
federal law are given access to any state (or
correctional facility by such agents for the
"interrogat[ing]
state contracted) correctional facility for the
purpose of any alien or person
purpose of permitting such agents to meet
believed to be an alien as to his [or her] right to
with individuals who are (or are believed by
be in the United States."
such agents to be) aliens and to inquire as to
such individuals' right to be or remain in the
No state or local government entity, agency, or
United States.
official may use funds under this award to
interfere with the exercise of power to interrogate
ii. A local ordinance, rule, regulation, policy or
"without warrant" (by agents of the United States
practice (or an applicable state statute, rule,
acting under color of federal law) by impeding
regulation policy or practice) must be in
access to any state or local government (or
place that is designed to ensure that, when a
government contracted) correctional facility by
"interrogat[ing]
local government (or local government
such agents for the purpose of
contracted) correctional facility receives a
any alien or person believed to be an alien as to
formal written request authorized by the
his [or her] right to be in the United States."
Immigration and Nationality Act from DHS
9.0 Noninterference: Notice of Scheduled
that seeks advance notice of the scheduled
Release - Within the funded program or activity,
particular alien,
release date and time for a partis
no subrecipient (at any tier) may interfere with the
they will honor the request and early
"removal" process of an alien by failing to
practicable, provide the request notice to
provide, as early as practicable, advance notice
DHS.
to DHS of the scheduled release date and time
7.0 Noninterference: No Public Disclosure -
for a particular alien, if a state or local
government (or government contracted)
Subrecipients (at any tier) are prohibited from
correctional facility received from DHS a formal
making public disclosure of any federal law
written request pursuant to the INA that seeks
enforcement information in a direct, or indirect,
such advance notice.
attempt to conceal, harbor, or shield from
detection any fugitive from justice under 18
Subrecipients (at any tier) are not permitted to
U.S.C. Chapter 39, or any alien who has come
use subaward funds to interfere with the
to, entered, or remains in the United States in
violation of 8 U.S.C. Chapter 12, without regard
"removal" process of an alien by failing to
to whether such disclosure would constitute (or
provide, as early as practicable, advance notice
FY19 JAG Standard Conditions Page 15 of 18
Rev. 04/2020
to DHS of the scheduled release date and time
for a particular alien, if a state or local
government (or government contracted)
correctional facility received from DHS a formal
written request pursuant to the INA that seeks
such advance notice (see the following federal
law enforcement statues, incorporated here by
reference: 8 U.S.C. 1231, 8 U.S.C. 1226, and 8
U.S.C. 1366).
10.0 Monitoring of compliance with the requirements
of this condition will be conducted by FDLE.
11.0 Nothing in the above conditions shall be
understood to authorize any subrecipient at any
tier to violate any federal law, including any
applicable civil rights or nondiscrimination law.
IMPORTANT NOTE: Any questions about the
meaning or scope of this condition should be directed
to FDLE prior to award acceptance.
SEC'ION VIII: ADDITIONAL
REQUIREMENTS
1.0 Environmental Protection Agency's (EPA) list
of Violating Facilities - The subrecipient
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.
2.0 National Environmental Policy Act (NEPA)
The subrecipient 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 subaward funds by the subrecipient.
This applies to the following new activities
whether or not they are being specifically funded
with these subaward funds. That is, it applies as
long as the activity is being conducted by the
subrecipient or any third party and the activity
needs to be undertaken in order to use these
subaward funds. Accordingly, the subrecipient
agrees to first determine if any of the following
activities will be funded by the grant, prior to
obligating funds for any of these purposes.
If it is determined that any of the following
activities will be funded by the grant, the recipient
agrees to contact FDLE OCJG.
1) New construction;
FY19 JAG Standard Conditions
Rev. 04/2020
2) Any renovation or remodeling of a property
located in an environmentally or historically
sensitive area, including properties located
within a 100-year flood plain; a wetland, or
habitat for endangered species, or a property
listed on or eligible for listing on the National
Register of Historic Places;
3) A renovation, lease, or any other proposed
use of a building or facility that will either (a)
result in a change in its basic prior use or (b)
significantly change its size;
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; and
5) Implementation of a program relating to
clandestine methamphetamine laboratory
operations, including the identification,
seizure, or closure of clandestine
methamphetamine laboratories.
The subrecipient 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 subrecipient further understands and agrees
to the requirements for implementation of a
Mitigation Plan, as detailed by the Department of
Justice at
ntts:uwww.bia. ov/Fundin /nena for
programs relating to methamphetamine
laboratory operations.
3.0 National Historic Preservation Act — The Act
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).
4.0 Human Research Subjects - Subrecipient
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.
5.0 Disclosures
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Conflict of Interest - The subrecipient 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. Subrecipients must
disclose in writing any potential conflict of interest
to FDLE (the non-federal pass -through entity).
Violations of Criminal Law - The subrecipient
and implementing agency must disclose all
violations of state or federal criminal law involving
fraud, bribery or gratuity violations potentially
affecting the sub award.
6.0 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.
7.0 Limitations on Government Employees
Financed by Federal Assistance - The
subrecipient 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.
8.0 Funds to Association of Community
Organizations for Reform Now (ACORN)
Unallowable - Subrecipient 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.
9.0 Text Messaging While Driving - Pursuant to
Executive Order 13513, "Federal Leadership on
Reducing Text Messaging While Driving," 74
Fed. Reg. 51225 (October 1, 2009), and
§316.305, F.S., the subrecipient 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 subaward and to establish workplace safety
policies and conduct education, awareness, and
other outreach to decrease crashes caused by
distracted drivers.
10.ODNA Testing of Evidentiary Materials and
Upload of DNA Profiles to a Database - If JAG
program funds will be used for DNA testing of
evidentiary materials, any resulting eligible DNA
profiles must be uploaded to the Combined DNA
Index System (CODIS), by a government DNA
FY19 JAG Standard Conditions
Rev. 04/2020
lab with access to CODIS. No profiles generated
with JAG funding may be entered into any other
non -governmental DNA database without prior
express written approval from BJA. For more
information, refer to the NIJ FY 2012 DNA
Backlog Reduction Program, available at
https://www.ncjrs.o_ov/Dc iii/sIO01062.pdf.
In addition, funds may not be used for purchase
of DNA equipment and supplies when the
resulting DNA profiles from such technology are
not accepted for entry into CODIS (the National
DNA Database operated by the FBI).
11.0 Environmental Requirements and Energy -
For subawards in excess of $100,000, the
subrecipient must comply with all applicable
standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.0 85),
section 508 of the Clean Water Act (33 U.S.C.
1368), Executive Order 11738, and
Environmental Protection Agency regulations (40
CFR 1). The subrecipient 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.
12.0 Other Federal Funds - The subrecipient 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 subrecipient 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.
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13.0 Trafficking in Persons - The subrecipient must
comply with applicable requirements pertaining to
prohibited conduct relating to the trafficking of
persons, whether on the part of recipients,
subrecipients or individuals defined as
"employees" of the subrecipient. The details of
the recipient and subrecipient obligations related
to prohibited conduct related to trafficking in
persons are incorporated by reference and
posted at
https://oio.gov/funding/Explore/ProhibitedConduct
-Traffickina.htm
14.0 Employment Eligibility Verification for Hiring
Under This Award — The subrecipient must
ensure that as part of the hiring process for any
position that is or will be funded (in whole or in
part) with award funds, the employment eligibility
of the individual being hired is properly verified in
accordance with the provisions of 8 U.S.C.
1324a(a)(1) and (2).
All persons who are or will be involved in
activities under this award must be made
aware of the requirement for verification of
employment eligibility, and associated
provisions of 8 U.S.C. 1324a(a)(1) and (2)
that make it unlawful in the United States to
hire (or recruit for employment) certain
aliens.
ii. The subrecipient must provide training (to
the extent necessary) to those persons
required by this condition to be notified of the
requirement for employment eligibility
verification and the associated provisions of
8 U.S.C. 1324a(a)(1) and (2).
iii. As part of the recordkeeping requirements of
this subaward, the subrecipient must
maintain records of all employment eligibility
verifications pertinent to compliance with this
condition and in accordance with 1-9 record
retention requirements, as well as pertinent
records of notifications and trainings.
iv. Monitoring of compliance with the
requirements of this condition will be
conducted by FDLE.
V. Persons who are or will be involved in
activities under this award includes any and
all subrecipient officials or other staff who
are or will be involved in the hiring process
with respect to a grant funded position under
this award.
vi. For the purposes of satisfying this condition,
the subrecipient may choose to participate
in, and use E-Verify (www.e-verify.gov),
provided an appropriate person authorized to
act on behalf of the subrecipient entity uses
FY19 JAG Standard Conditions
Rev. 04/2020
E-Verify to confirm employment eligibility for
each position funded through this award.
vii. Nothing in this condition shall be understood
to authorize or require any subrecipient, or
any person or other entity, to violate federal
law, including any applicable civil rights or
nondiscrimination law.
viii. Nothing in this condition, including paragraph
vi., shall be understood to relieve any
subrecipient, or any person or other entity, of
any obligation otherwise imposed by law,
including 8 U.S.C. 1324a(a)(1) and (2).
IMPORTANT NOTE: Any questions about the
meaning or scope of this condition should be directed
to FDLE prior to award acceptance.
15.0 Determination of Suitability to Interact with
Minors — This condition applies if it is indicated in
the application for subaward (at any tier) that a
purpose of some or all of the activities to be
carried out under the subaward is to benefit a set
of individuals under 18 years of age.
The subrecipient (at any tier), must make
determinations of suitability before certain
individuals may interact with participating minors.
The requirement applies regardless of an
individual's employment status.
The details of this requirement are posted on the
OJ P website at
https:Holp.ciov/fundin-q/Exr)lore/interact-
Minors.htm.
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