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Home My WebLink AboutResolution_27-21_6/10/2021RESOLUTION 27-21 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, INCREASING THE FISCAL YEAR 2020/2021 GENERAL FUND BUDGET BY INCREASING REVENUES AND EXPENDITURES IN THE AMOUNT OF $50,000.00 TO FUND THE POLICE DEPARTMENT'S CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING GRANT PROGRAM; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village maintains within its General Fund separate revenue and expenditure line items representing the operations of its Police Department; and, WHEREAS, the Police Department applied for and was awarded a grant in the amount of $50,000 from the Florida Department of Law Enforcement under the Coronavirus Emergency Supplemental Funding Program; and, WHEREAS, these grant funds represent federal pass -through funding from the United States Department of Justice and, as such, must be accounted for in accordance with applicable laws and regulations governing sub -recipients of federal grant funds; and, WHEREAS, the following accounts will be increased to fund the grant: Revenues Federal Grant, 001-171-331.210, $50,000.00 Expenditures Personnel Training, 001-175-554.301, $1,134.00 Bks, Publications & Subscriptions, 001-175-554.300, $216.00 Machinery & Equipment, 001-175-664,600, $48,650.00; and, NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: Resolution 27-21 is hereby approved, amending the Fiscal Year 2020/2021 General Fund Budget by increasing revenues and expenditures in the amount of $50,000 to fund the Police Department's Coronavirus Emergency Supplemental Funding Grant Program; Section 2: This Resolution shall become effective immediately upon passage. Coronavirus Emergency Supplemental Funding (CESF) Program SPECIAL CONDITIONS Subrecipient: Village of Tequesta Subgrant Number: 2021-CERF-PALM-7-5A-042 Project Title: 2020 CERF PROGRAM 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# S46008: Although federal regulations require a three year retention period on all grant records, the State of Florida General Records Schedule GS1-SL for state and local agencies, which is more stringent, requires subgrant recipients to maintain all records and documents for a minimum of five (5) years from the date of the final financial statement and be available for review upon request. Ref# S46009: 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: promoting intergovernmental agreements (200.318(e)), verifying suspension and debarment (200.318(h)), 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. Coronavirus Emergency Supplemental Funding (CESF) Program ACCEPTANCE OF FEDERAL FUNDING ASSISTANCE Subrecipient: Village of Tequesta Subgrant Number: 2021-CERF-PALM-7-5A-042 Project Title: 2020 CERF PROGRAM 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. Village of Tequesta Authorizing Official (Commission Chairperson, Mayor, or Designated Representative) l Printed Name and'Title s l lilz Date Tequesta Police DepartnXnt O Authoriz�nq fficia!, (O ial, Administrator, or Designated Representative) Sig Printed Name and Title Florida Department of Law Enforcement Office of Criminal Justice Grants Signature Cody Menacof, Bureau Chief Printed Name and Title Date Application for Funding Assistance Florida Department of Law Enforcement CESF Local Residual Funding Subgrant Recipient Organization Name: County: Village of Tequesta Palm Beach Chief Official Name: Abigail Brennan Title: Mayor Address: 345 Tequesta Drive City: Tequesta State: FL Phone: 561-768-0460 Fax: Zip: 33469-2041 Ext: Email: abrennan@tequesta.org Chief Financial Officer Name: Title: Address City: State: Phone: Fax: Email: Hugh Dunkley Finance Director 345 Tequesta Drive Tequesta FL 561-768-0424 Zip: 33469-3062 Ext: hdunkley@tequesta.org Application Ref # 2020-CERF-9 Section #1 Page 1 of 2 Contract # 2021-CERF-PALM-7-5A-042 Application for Funding Assistance Florida Department of Law Enforcement CESF Local Residual Funding Implementing Agency Organization Name: County: Tequesta Police Department Palm Beach Chief Official Name: Gus Medina Title: Chief of Police Address: 357 Tequesta Drive City: Tequesta State: FL Phone: 561-768-0515 Fax: Zip: 33469-3088 Ext: Email: gmedina@tequesta.org Project Director Name: James McGrew Title: Assistant Chief of Police Address: 357 Tequesta Drive City: Tequesta State: FL Zip: 33469-3088 Phone: 561-768-0522 Ext: Fax: Email: jmcgrew@tequesta.org Application Ref # 2020-CERF-9 Section #1 Page 2 of 2 Contract # 2021-CERF-PALM-7-5A-042 Application for Funding Assistance Florida Department of Law Enforcement CESF Local Residual Funding General Project Information Project Title: 2020 CERF PROGRAM Subgrant Recipient: Village of Tequesta Implementing Agency: Tequesta Police Department Project Start Date: 1/20/2020 End Date: 1/31/2022 Problem Identification Prior CESF grant is 2021-CESF-PALM-1-C9-033 At the outbreak of the Coronavirus, our jurisdiction saw the closure of public parks and beaches, non -essential businesses as well as other public and recreational areas. To date, over 106,000 Palm Beach County citizens have tested positive for the Coronavirus. During the closure of Florida's businesses and recreation areas, Palm Beach County citizens took to the waterways inside of the Tequesta Police Department's jurisdiction. This caused the police department to place extra resources on the waterways and beaches to enforce social distancing guidelines. The pandemic has forced the Tequesta Police Department to adjust employee's work schedules because of infected employees and possible exposures to the Coronavirus. In response to avoid exposures, employees had to become more innovative while conducting their jobs. Due to the Coronavirus outbreak in Palm Beach County, our county commissioners closed public venues. This caused the police department to stage officers at these locations to help enforce the closures. During this time, officers used extra N95 masks, surgical gloves and cleaning supplies. During the pandemic, officers became infected with the Coronavirus during training. This caused the Tequesta Police Department to temporary suspend in person training sessions, and seek alternative training methods. This action was taken to help slow the spread of Coronavirus inside the Tequesta Police Department, and to help reduce exposure to the virus. Our training schedule has been reduced in order to avoid further infections and exposures. Officers also had to adjust to testifying via computer and camera systems. In the past, officers had to testify in traffic court, and misdemeanor court in person. Now, Palm Beach County restricts court room attendance, forcing officers to attend court electronically. The Coronavirus has placed a burden on the Tequesta Police Department due to its small number of officers (20). As of now, the department still faces numerous challenges relating to the Coronavirus. Project Summary (Scope of Work) The Village of Tequesta will use grant funds to purchase services and equipment allowing their police department to prepare for, prevent, and/or respond to the coronavirus. n Ref # 2020-CERF-9 Section #2 Page 1 of 2 Contract # 2021-CERF-PALM-7-5A-042 Application for Funding Assistance Florida Department of Law Enforcement CESF Local Residual Funding Deliverable 1: Grant funds will be used to purchase video conferencing systems which will allow staff to attend remote trainings and meetings. Documentation to be provided at monitoring will include: procurement documentation, purchase order, invoice, packing slip, inventory records and cancelled check or statements. Deliverable 2: Grant funds will be used to purchase subscriptions to conduct remote training and facilitate teleworking from home with video conferencing among employees. Documentation to be provided at monitoring will include: procurement documentation, purchase order, invoice, packing slip, inventory records and cancelled check or statements. Deliverable 3: Grant funds will be used to purchase a portable message board that will communicate vital messages to community members. Documentation to be provided at monitoring will include: procurement documentation, purchase order, invoice, packing slip, inventory records and cancelled check or statements. Application Ref # 2020-CERF-9 Section #2 Page 2 of 2 Contract # 2021-CERF-PALM-7-5A-042 Application for Funding Assistance Florida Department of Law Enforcement CESF Local Residual Funding c t : t { �p a{� 3''i�� 1 s+�r �j ; `� ✓'A':Y rs �,�".� air u��r J:y. y f" � .1 xr t� {: t '�,� � .:r. vyii rr lY.ik' .qi:.. ti; xt 1f r, a-^''t.•1. .'�, a.,� a'3i�}.�: st�4x... ,. 1: *� General Performance Info: Performance Reporting Frequency: Quarterly Prime Purpose Area: CESF - Coronavirus Emergency Supplemental Funding State Purpose Area: 3E - Equipment (OCO) Objectives and Measures Objective: Equipment Questions - Questions for all recipients purchasing equipment. Measure: Equipment 01 Will the applicant expend funds on equipment? Goal: Yes Measure: Equipment 02 If yes, how much money is being allocated to purchasing equipment? Goal: 48650 State Purpose Area: 4S - Supplies (Expenses) Objectives and Measures Objective: Supplies Questions - Questions for all recipients purchasing supplies. Measure: Supplies 01 Will the applicant expend funds on supplies? Goal: Yes Measure: Supplies 02 If yes, how much money is being allocated to supplies? Goal: 1350 Application Ref # 2020-CERF-9 Section #3 Page 1 of 1 Contract # 2021-CERF-PALM-7-5A-042 Application for Funding Assistance Florida Department of Law Enforcement CESF Local Residual Funding 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 / Vendor Number: 596044081 Budget: Budget Category Prime Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $1,350.00 $0.00 $1,350.00 Operating Capital $48,650.00 $0.00 $48,650.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $50,000.00 $0.00 $50,000.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI)? No Application Ref # 2020-CERF-9 Section #4 Page 1 of 3 Contract # 2021-CERF-PALM-7-5A-042 Application for Funding Assistance Florida Department of Law Enforcement CESF Local Residual Funding Budget Narrative: Expenses = $1,350 Subscription for Police One Academy remote training @$1,700.60 a year. Grant to cover approximately 8 months of the subscription @ $142 a month for 8 months = $1,134. Subscription for video conferencing @$325 a year. Grant to cover approximately 8 months of the subscription @$27 a month = $216. Operating Capital Outlay = $48,650 2 video conferencing systems to allow staff to attend remote trainings and meetings 2 @$14,590 each = $29,180 1 portable message board = $19,470 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, service agreements, contracts, etc., covering any periods that extend beyond the project end date. Funds may be prorated for services within 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-CERF-9 Section #4 Page 2 of 3 Contract # 2021-CERF-PALM-7-5A-042 Application for Funding Assistance Florida Department of Law Enforcement CESF Local Residual Funding Section Questions: Question: What is the Operating Capital Outlay threshold used by the subgrantee? If the implementing agency is a sheriffs office, indicate the sheriffs office's threshold instead. Answer: 1000 Application Ref # 2020-CERF-9 Section #4 Page 3 of 3 Contract # 2021-CERF-PALM-7-5A-042 Coronavirus Emergency Supplemental Funding (CESF) Program SUBAWARD STANDARD CONDITIONS The State of Florida, Department of Law Enforcement (FDLE) is a recipient of federal Coronavirus Emergency Supplemental Funding. FDLE, as the non-federal pass -through entity and State Administering Agency (SAA) for this program, subawards this funding 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 REQUIREMENTS 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 https:l/oip.gQvt ina,ncialauide/doi/pdfsiDOJ FinanpalGuide.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.gpo.aovlfdsys/ 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 lidos myflorida camlmedial693574/general-records-schedulogo 1-sl pdf and httpl/dos.mOorida.com/media/698314/gs2-sl-2017-final.pdf State of Florida Statutes Section 215.971, F.S., Agreements funded with federal or stale assistance Section 215.985, F.S., Transparency in government spending FY2020 CESF Standard Conditions Page 1 of 17 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 in 48 CFR Subpart 2.1 (Definitions). It is $3,500 except as otherwise discussed in Subpart 21 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 (ax5) and 200.331 Requirements for pass -through entities, paragraph (a)(1)(iv)). Protected Personally Identifiable Information (Pill 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 Pit 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 FY2020 CESF Standard Conditions Page 2 of 17 Rev. 04/2020 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 not reflect the actions a prudent person would lake 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. § 19W As of the publication of this part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflatlon. (Also see definition of Micro -purchase, 2 C.F.R.§ 200.67) Subaward is an award provided by a pass -through entity to a subreciplent 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 redpient 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 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 !s 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; -------- - ------------------------------ - FY2020 CESF Standard Conditions Page 3 of 17 Rev. 04/2020 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 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. 6.0 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. 7.0 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. 8.0 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 govemment, without the express prior written approval of the Office of Justice Programs. 9.0 "Pay -to -Stay" - Funds from this award may not be used to operate a 'pay -to -stay- program in any local jail. Furthermore, no funds may be given to local jails that operate 'pay -to -stay" programs. 'Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to -stay' programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon 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. 12.0 Privacy 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 FY2020 CESF Standard Conditions Page 4 of 17 Rev. 04/2020 C.F.R. §§ 22 and, in particular, 22.23. Privacy Certification forms must be signed by the subrecipient or Implementing 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 and equipment acquired or improved with Federal funds as provided to property owned by the non -Federal entity. 15.0 Flood Disaster Protection Act - The subrecipient 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. 17.0 Compliance with Applicable Restrictions — The subrecipient must comply with all applicable restrictions on the use of federal funds as set out in federal appropriations statutes. General appropriations -law restrictions can be found at hJ�A";gfg,ctQv1jgnding19xgl re/avyrrQ t i ignr��r�1.0D�rQgn,�igkw.r4949rl- awa rd-funds-fv-2020, SECTION tl: 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•//9il2.gov/aboot/gcr/eeap htm), 3.0 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. FY2020 CESF Standard Conditions Page 5 of 17 Rev. 04/2020 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 IQp.9ov. 9.0 Finding of Discrimination - In the event a federal or state court or federal or state administrative agency makes, after a due 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, 810 711 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 vAth 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. 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: SUSAWARD 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 FY2020 CESF Standard Conditions Rev. 04/2020 Page 6 of 17 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 of 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 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 and 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 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. 5.0 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. ------ ----- --- - — -- Y2020 CESF Standard Conditions Page 7 of 17 Rev. 04/2020 All requests for changes, Including all requests for project penod 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, d 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), 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. 7.0 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 certain civic, 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"). SECTION V: MONITORING AND AUDITS 1.0 Access to Records - The Florida Department of Law Enforcement, the Auditor General of the State of Florida, FY2020 CESF Standard Conditions Page 8 of 17 Rev. 04l2020 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 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 unfit 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 Subreciplents - 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 FOLE'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 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: https://dos.myflorida com/media/693576/gsl-sl-2017-final pdf . FY2020 CESF Standard Conditions page 9 of 17 Rev. 04/2020 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, InvesUgations, 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 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 spedfied 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. §§ 200.317-326, 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 procurement contract under this award are posed on the OR website at https //oip gov/funding/ExploreiNoncompetitiveProcurement.htm. Additional information on Federal purchasing guidelines can be found in the Guide to Procurements Under DOJ Grants and Cooperative agreements at http_,� //W gv_/fundi, nyl)mmplemenUResaurcg_st�;uideToPrgcurgmenLP- Qggedures.pdf. 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, FY2020 CESF Standard Conditions Page 10 of 17 Rev. 0412020 documented review of individual cost elements for allowability, reasonableness, and necessity. See also: Reference Guide for State Expenditures. 3.0 Allowable Costs - Allowance for costs incurred under the 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 Vil. 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. 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. 7.0 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 property 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 Subreciplents - 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://oip.aovlfinancialouide/doi/pdfs/DOJ FinanciaiGuide odf): 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 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 FOLE, who will coordinate written approval of the Federal awarding agency, prior to subreciplent 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 FY2020 CESF Standard Conditions Page 11 of 17 Rev. 04/2020 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 S25,000 or more should review the Federal Funding Accountability and Transparency Act of 2006 (FFATA), website for additional reporting requirements at https://ojp.govlfundinWExplore/FFATA.htm 9.0 Travel and Training - The cost of all travel shall be reimbursed according to the subreciplent'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 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 ojF? qgv/fundinci/ojptraininypuidinypnnciple 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 govemed 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. 2020-VD-SX-0174 awarded by the Bureau of Justice Assistance, Office of Justice programs. The opinions, findings, and conclusions or recommendations expressed in this publicationlprogranuextlibilion 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 primarypurpose 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. FY2020 CESF Standard Conditions Page 12 of 17 Rev. 04/2020 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 httos./ht.otp.govltechnolopv-contacts The State IT Point of Contact will ensure the 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. 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-Intemet 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 htta$://www.dh§.aQv/publir,atiQn/fundinq-oWwmenth. 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 Communication Interoperability Plan (SCIP) and are fully coordinated with the full-time Statewide Interoperability Coordinator (SWIC). if any future regulatory requirement (from the FCC or other governmental entity) results in a material technical or financial change in the project, the 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, recipients are encouraged to comply with DOJ's Global Justice Information Sharing Initiative (DOD's Global) guidelines and recommendations for thls particular grant - Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at ht!psa/it.oip. ov1. Grantee shall document planned approaches to information sharing and describe Y2020 CESF Standard Condltions Rev. 04/2020 Page 13 of 17 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). i. 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 entty'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 LISDOJ. 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. iv. Nothing in this condition shall be understood 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.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil libertieslrights, 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 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. FY2020 CESF Standard Conditions Page 14 of 17 Rev. 04/2020 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, 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 https://www.b6a,gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. 3.0 National Historic Preservatlon 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), 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 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. Subreciplents 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 §§ 7321-7326, 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 rrzuzu ULbl'- Standard Conditions Page 15 of 17 Rev. 04/2020 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 dnvers. 10.0 DNA 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 lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non-govemmental 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.neirs.Qov/t)dffilesl/ni"i/sIO01062.iod . 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), d 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. 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://oip.gov/fundinglExplore/ProhibitedConduct-Trafficking 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). 1. 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(ayl) 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 E-Verify to confirm employment eligibility for each position funded through this award. FY2020 CESF Standard Conditions Rev. 0412020 Page 16 of 17 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 FOLE 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 OJP website at httt)s://ojp.00v/funding/Exploreiinteract- Mlnor§.htm. FY2020 CESF Standard Conditions Page 17 of 17 Rev. 04/2020 RESOLUTION Date 27-21 6/10/2021 Motion Council Member Bruce Prince Second Council Member Laurie Brandon FOR AGAINST ABSENT CONFLICT Mayor Frank D'Ambra, III n ® El Vice -Mayor Kyle Stone Council Member Laurie Brandon Council Member Molly Young El Council Member Bruce Prince ri The Mayor thereupon declared the Resolution duly passed and adopted. MAYOR OF TEQUESTA: PGPOq �J Frank D'Ambra, III '-IN SEgL CORPORATED ATTEST: Lori McWilliams, MMC Village Clerk