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Item C14
County of Monroe The Florida Keys Commissioner David Rice 9400 Overseas Highway, Ste. 210 Marathon Airport Terminal Building Marathon, FL 33050 PH.: 305-289-6000 EM: rice-david aQmonroecounty-fl.eov Office EM: boccdis4Qmonroecounty-fl.eov BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers, District 3 Mayor Pro Tern George Neugent, District 2 Danny L. Kolhage, District I David Rice, District 4 Sylvia J. Murphy, District 5 Interoffice Memorandum Date: August 9, 2016 To: Amy Heavilin, Clerk of the Court County Clerk's Office From: Commissioner David Rice, District 4 RE: NOTICE OF VOTING CONFLICT Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will abstain from the vote on certain issues that are brought before the Monroe County Board of Commissioners with entities that I am involved with. I will abstain from the vote on issues concerning the following entities: Guidance Care Center, Inc., a private, not -for -profit entity, which receives some of its operational funding from the County, as I currently sit on the Board of Directors of the Care Center. I am also a member of the Board of the Historic Florida Keys Foundation, Inc. At the August 20, 2016 BOCC meeting, I will abstain from the vote on the following item(s): #04, C1 S, and C19. Copy of agenda item(s) attached for documentation. © �� � r- ,Z 71 nr- zw z. C- A a�liL �� K: BOARD OF COUNTY COMMISSIONERS 0�� of Monroe Mayor Heather Carruthers, District 3 i �� Mayor Pro Tem George Neugenf District 2 -Me Florida Keys h }, ��� �y �� Danny L. Kolhage, District 1 David Rice, District 4 w Sylvia J. Murphy, District 5 County Commission Meeting August 17, 2016 Agenda Item Number: C.14 Agenda Item Summary #1934 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Laura DeLoach (305)292-4482 N/A AGENDA ITEM WORDING: Approval of an amendment to the Edward Byrne Memorial Justice Assistance Grant Program Funds Agreement with Guidance/Care Center revising Section 5: Standard Conditions of Attachment B. ITEM BACKGROUND: The Florida Department of Law Enforcement provided updated SFY2016 JAG Standard Conditions which were received after the agenda item authorizing the Mayor to execute the Memorandum of Understanding with Guidance/Care Center Women's Jail Incarceration Drug Abuse Treatment program was submitted. PREVIOUS RELEVANT BOCC ACTION: January 8, 2016 the Florida Department of Law Enforcement signed a Subgrant Award Certificate for the Project Title: Women's Jail Incarceration Drug Abuse Treatment Program. At the January 20, 2016 BOCC meeting the Mayor received authorization to execute a Memorandum of Understanding with Guidance/Care Center for the Women's Jail Incarceration Drug Abuse Treatment program. CONTRACT/AGREEMENT CHANGES: Revised Section 5 of Attachment B STAFF RECOMMENDATION: Approval DOCUMENTATION: Amendl GCC-WJIP FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: Grant: County Match: Insurance Required: Additional Details: REVIEWED BY: Tina Boan Christine Limbert Maria Slavik Kathy Peters Board of County Commissioners If yes, amount: Completed 08/02/2016 7:43 AM Completed 08/02/2016 10:05 AM Completed 08/02/2016 10:16 AM Completed 08/02/2016 1:29 PM Pending 08/17/2016 9:00 AM AMENDMENT 1 TO EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS AGREEMENT WITH GUIDANCE/CARE CENTER THIS AMENDMENT is made and entered into this 17th day of August, 2016, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter referred to as "COUNTY," and Guidance/Care Center hereinafter referred to as "AGENCY". WHEREAS, the Florida Department of Law Enforcement awarded a sub - grant of the Edward Byrne Memorial Justice Assistance to the COUNTY to implement the Women's Jail Incarceration Drug Abuse Treatment program; and WHEREAS, the COUNTY and AGENCY entered into the Edward Byrne Memorial Justice Assistance Grant Program Fund Agreement ("Agreement") on January 20, 2016 for the AGENCY to implement said services under the program; and WHEREAS, an amendment to the Agreement is needed to reflect a change to Attachment B updating the JAG Standard Conditions; and NOW THEREFORE IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. Attachment B of the Agreement shall be amended and the original Section 5: Standard Conditions removed and replaced with revised Section 5: Standard Conditions new SFY2016 JAG Standard Conditions attached hereto. 2. In all other respects the Agreement dated January 20th 2016 remains in full force and effect. In WITNESS WHEREOF each party hereto has caused this contract to be executed by its duly authorized representative. (SEAL) ATTEST: AMY HEAVILIN, CLERK By - Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman Guidance/Care Center, Inc. By hal) Print Name AAn �veen Title - Aff�g 1) 1 YK - 71 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Insert Standard Conditions Page here. 71 Application Ref # 2016-JAGC.2853 Section #5 Page 1 of 1 Contract 2016-JAGC-MONR-1-H3-184 Rule Relemnce I ID-9 006 OCJG•005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program STANDARD CONDITIONS � N i i i ;; Y i i , [ � # # i 4 - i , 1' ! �. • ■ :. - . # i.: i N 4 L _ i... l Y i t N e • N4 i a # i N. k R. • .: •.• 4 N# :i i i # ' 4 . 4 N .. : N ... # • .: i a # . # ;. ■ i N N i s' • • - • .. # i -. i� 1. i 4 # • i Y - F. ! ' L • 'L N N iT ! i i • T • • ! N i N - ii '-Y # i •" F:i LN `!: N 1. � " � ti � I! . � - i :. £4 ! i • � i i M # ' #. i ! !- " • • - GENERAL REQUIREMENTS All subreciplents must comply with requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide), http:ttojp.govifinanciaiguide/DOJ/pdfs/20i! DOJ_FlnanclaiGulde.pdf, the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance, federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations Including but not limited to: Florida Administrative Code, Chapter 11D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": www flfules.oEgi Office of Management and Budget (OMB) Uniform Grant Guidance (2 G.F.R. § 200) Subpart A Definitions, Subparts B-0 Administrative Requirements, Subpart E Cost Principles, Subpart F Audit Requirements and all applicable Appendices. This guidance supersedes previous OMS Circulars and Standard Conditions and is applicable to any new subawards made under Federal grants awarded on or after December 26, 2014. ti :tlwww. cfr. ovlc i-bint ext-Idx? SIG=62764122c78tie5d1d2134127a dc30dSnode »2:1.1.2.2.1 &r n=divS Code of Federal Regulations: ww ►.gpo.goyt d rst 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"(Common Rule) 28 C.F.R. § 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" 28 C.F.R. §§ 18, 22, 23, 30, 35, 42, 61, and 63 Public Law Puts L. No. 109-162, Title XI' --Department of Justice Reauthorization, Subtitle B-4mproving the Department of Justice's Grant Programs, Chapter i•—Assisting Law Enforcement and Criminal Justice Agencies, Sec. 111 i. Merger of Byrne Grant program and Local Law Enforcement Block Grant Program: tt :ttwww. o, ovlfds st k NPLAW-1 9 ub1162t ditP W-109 ublt62. df United States Code: www.oeo. ovtfdsyst 42 U.S.C. §§ 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" State of Florida General Records Schedule GSi-SL for State and Local Government Agencies: htt :ttdlis. os.state.ft.usfbarmt ens heduiestG S2-2fi 8.R v2o10. d'f SFY2016 JAG Standard Conditions Page 1 of 20 Rev. 10t2015 State of Florida Statutes § 215.971, "Agreements funded with federal or state assistance" § 215.985, "Transparency in government spending" 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 cant' 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 ether legally applicable requirements and; Improper payment 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 at 48 C.F.R. Subpart 2.1,"Definitions". It is $3,000 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 iron -federal pass -through entity for this agreement, also referred to as the State Administering Agency (SAA). Performance goal means a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, Including a goal expressed as a quantitative standard, value, or rate, In some instances (e:g., discretionary research awards), this may be limited to the requirement to submit technical performance reports (to be evaluated in accordance with agency policy). 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)). SFY2016 JAG Standard Conditions Page 2 of 20 Rev. 10/2015 1 Protected Personally Identifiable Information (Pit) 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 (Pit)). 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 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 2,11 (Definitions) and in accordance with 41 US.C. § 1908, As of the publication of this part, the simplified acquisition threshold is $150,000, but this threshold is periodically adjusted for Inflation. (Also see definition of § 200.67 Micro -purchase.) SubawardiSubgrant means 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 that 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 2 CFR § 200.33, 'Equipment!. A non -Federal entity for financial statement purposes or $5,000, regardless of the length of its useful life. See also §§ W100.20, *Computing devicee and 20D.33, *Equipment*. SECTION is TERMS AND CONDITIONS 161 The subrecipient agrees to be bound by the following standard conditions; 1.0 Payment Contingent on Appropriation and Available Funds - The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature, Furthermore, the obligation of the State of Florida to reimburse subreciplents for incurred costs is subject to available federal funds, 2.0 System for Award Management (SAM) - The subrecipient must maintain current information in SAM until it submits the final financial report required under this award or receives the final payment, whichever is later. This requires that the subreciplent review and update the information at least annually after the initial registration, and more frequently if required by changes In its Information or another award term, 3.0 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. 3.1 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,' 3.2 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, 4.0 Supplanting - The subrecipient agrees that funds received under this award will not be used to supplant state SFY2016 JAG Standard Conditions Page 3 of 20 Rev. 10/2015 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. 5.0 Personnel Changes - Upon implementation of the project, in the event there is a change in Chief Officials for the Subrecipient or Implementing Agency or any contact information to include mailing address, phone number, email or title change, project staff must notify the SIMON help desk to update the organizational information in SIMON. Project director changes require a grant adjustment in SIMON. 6.0 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 that 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. 7.0 Federal Restrictions on Lobbying - Each subrecipient agrees to comply with 28 C.F.R. § 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subrecipient for award of federal contract, grant, or cooperative agreement. 8.0 State Restrictions on Lobbying - In addition to the provisions contained above, the expenditure of funds for the purpose of lobbying the legislature or a slate agency is prohibited under this agreement. 9.0 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 government, without the express prior written approval of the Office of Justice Programs. 10.0 "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. 11.0 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 (Pub..L. No. 97-348) dated October 19, 1982 (16 U.S.C. §§ 3501 et seq.) which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 12.0 Enhancement of Security - If funds are used for enhancing security, the subrecipient agrees to: 12.1 Have an adequate process to assess the Impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. 12.2 Conduct such an assessment with respect to each such enhancement; and submit to the Department the aforementioned assessment in its Final Program Report. 13.0 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 Fla. Slat. shall apply. 13.1 All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to § 435, Fla. Slat., using the level 2 standards set forth in that chapter. 13.2 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 SFY2016 JAG Standard Conditions Page 4 of 20 Rev, 10/2015 1 to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile record checks through the Florida Department of Law Enforcement, and federal criminal record checks through the Federal Bureau of Investigation, and may include local criminal record checks through local law enforcement agencies. 13.2.1 Any person who Is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. 13.2.2 Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 14.0 Privacy Certification The subrecipient agrees to comply with all confidentiality requirements of 42 U &C. § 3780g 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 t5 in accord with requirements of 2t3 C,F.R, 22 and, i particular, section 22.23. privacy Certification forms must be signed by the subreciplent or implementing agency chief official or an Individual with faunal, written signature authority for the chief official. 15.0 Conferences and Inspection of Work - Conferences may be held at the request of an y 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. 16.0 Insurance for (teal Property and Equipment - the subreciplent 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,. SECTION II: CIVIL RIGHTS REQUIREMENTS 1.0 Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age In funded programs or activities. All subrecipients, implementing agencies, and contractors must comply with any applicable statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1988 (42 U,S.C. § 3780d); the Victims of Crime Act (42 U.S.C. § 10504(e)), The Juvenile Justice and Delinquency Prevention Act of 200 (42 U.S,C § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 20 ), the Rehabilitation Act of 1973 (29 U.S.C. § 7 04), the Americans with Disabilities Act of 1090 (42 U.S.C. § 12131-34), the Education Amendments of 1972 (20 U,S.C. §§18ft1, 1583, 1885-86), the Age Discrimination Act of 1975 (42 U,S.C. §§ 5101-07); and Department of Justice Non -Discrimination Regulations 28 C.F.R. § 42; see Ex.. Order 13279 (equal protection of the laws for faith -based and community organizations). 2.0 FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability, or age In the delivery of services or benefits or in employment. The subreclpient must notify program participants and beneficiaries that It does not discriminate on the basis of race, color, national origin, religion, sex, disability, and age in the delivery of services or benefits or In employment practices. 3.0 Subrecipients are responsible for ensuring that contractors and agencies to whore they pass through funds are in compliance with all Civil Rights requirements and that those contractors and agencies are aware that they may isle a discrimination complaint with the subreciplent, with FDLE, or with the Office for Civil Rights (OCR), and how to do so.. 4.0 Equal Employment Opportunity Plans 4.1 A Subrecipient or implementing agency roust develop an EEO Plan if it has 50 or more employees and has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the online short form at www oio uSdoj-goy/abU rleeoo onMnlu him, must be SFY2016 JAG Standard Conditions P Rev, 10/2015 age 5 of 20 71 retained by the subrecipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. 4.2 If the subrecipient or implementing agency is required to prepare an EEO Plan ,and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. 4.3 A subreciplent or implementing agency Is exempt from the EEO Flan requirement if it is has fewer than 50 employees or if It does not receive any single award of $25,000 or more from the Department of Justice or If It is a nonprofit organization, a medical or educational institution, or an Indian Tribe,. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. 4.4 The subreciplent and implementing agency acknowledge that failure to comply with EEO requirements within 60 days of the project start state may result in suspension or termination of funding, until such time as it is In compliance.. 5.0 In the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to FDLE and to the Office for Civil Rights, Office of Justice Programs, 6.0 In accordance with federal civil rights laws, the subreciplent shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. 7.0 Subrecipients must Include comprehensive Civil Rights/Nondiscrimination Provisions in all contracts funded by the subgrant recipient. 8.0 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 Sox 1489, Tallahassee, Florida 32302-1489, or online at Info(if¢I §late ff us. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7v' Street, Northwest, Washington, D.C, 20531, or by phone at (202) 307-0690. 9.0 The subrecipient must have procedures in place for responding to discrimination complaints that employees, clients, customers, and program participants file directly with the subreciplent.. 10.0 The subrecipient must have written policies or procedures In place for notifying program beneficiaries how to file complaints alleging discrimination by the subrecipienb"implementing agency with FDLE or the OCR. 11.0 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. 12.0 Americans with Disabilities Act - Subrecipients must comply with the requirements of the Americans with Disabilities Act (ADA) (Pub. L. No. 101-336), which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services and transportation (Title II), public accommodations (Title 111), and telecommunications (Title IV). 13.0 Rehabilitation Act of 1973 (28 C.F.R. § 42(G)) -If the subrecipient has 50 or more employees and receives DOJ funding of $25,000 or more, the subrecipient must take the following actions: 13.1 Adopt grievance procedures that incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Section 504 of the Rehabilitation Act of 1973, found at 28 C.F.R. § 42(G), which prohibit discrimination on the basis of a disability in employment practices and the delivery of services. 13.2 Designate a person to coordinate compliance with the prohibitions against disability discrimination contained in 28 C.F.R. § 42(G). SFY2016 JAG Standard Conditions Page 6 of 20 Rev. 1012015 1 13.3 Notify participants, beneficiaries, employees, applicants, and others that the subrecipientfimplementing agency does not discriminate on the basis of disability. 14.0 Limited English Proficiency (LEP) - In accordance with Department of Justice Guidance pertaining to Title V1 of the Civil Rights Act of 1964 (42 U,S.C. § 2 ), recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the websile at InW ter .coy written LEP Language Access Plan, . FOLE strongly encourages subgrant recipients to have a 15.0 'Elite IX of the Education Amendments of 1972 (28 C.F.R. j 54) - If the subrecipient operates an education program or activity, the subrecipient must take the following actions; 15.1 Adopt grievance procedures that provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations Implementing Title IX of the Education Amendments of 1972, found at 28 C,F.R. § 54, which prohibit discrimination on the basis of sex.. 15.2 Designate a person to coordinate compliance with the prohibitions against sex discrimination contained in 28 C.F.R. § 54. 15.3 Notify ,applicants for admission and employment, employees, students, parents, and others that the subreciplentlimplementing agency does not discriminate on the basis of sex in its educational programs or activities. 16.0 Equal Treatment for Faith Eased Organizations - The subrecipient agrees to comply with the applicable requirements of 28 C.F.R. § 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious Instruction, or proselytization. Recipients of direct grants may still engage in Inherently religions activities, but such activities must be separate In time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the recipient or a subrecipient must be voluntary. The Equal "Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. The subrecipient also understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance Is provided from the award, or the parent or legal guardian of such students, Notwithstanding any other special condition of this award, faith -based organizations may, In some circumstances, consider religion as a basis for employment. See wavw.ojp 9ov/abauUocr!„ g r fbra'h#rn,. 17.0 immigration and NatlonaI4 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 consider employment by any !unauthorized Nationality shallSuch violation by the subrecipient of the employment provisions contained In Section 274A(e) of the INA shall SECTION Ill: FINANCIAL REQUIREMENTS AND RESPONSIBILTY 1.0 Fiscal Control and Fund Accounting Procedures 1.1 All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide,. the Common Rule, and OMB Uniform Grant Guidance (2 C.F.R § 200) as applicable, in their entirety. 1.2 Subreciplents must have written procedures for procurement transactions. Procedures must ensure that all solicitations follow 2 C,F,R. § 200,319 Competition. 1.3 The subrecipient is required to establish and maintain adequate accounting systems and financial records and to accurately ,account for funds awarded to them. As a subreciplent, you must have a financial management system in place that is able to record and report on the receipt, obligation, and SFY2016 JAG Standard Conditions - Rev. 10/2015 Page 7 of 20 expenditure of grant funds. An adequate accounting system for a subrecipient must be able to accommodate a fund and account structure to separately track receipts, expenditures, assets, and liabilities for awards, programs, and subrecipients. 1.4 All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. 1.5 All funds not spent in accordance with this agreement shall be subject to repayment by the subrecipient. SECTION IV: SUBAWARD MANAGEMENT AND REPORTING REQUIREMENTS date,1.0 Obligadon of Subreciplent Funds - Subaward funds shall not under any circumstances be obligated prior to the effective or subsetermination quent to the date,.« of performance.Only project eligibleincurred on or after the effective date, and on or prior to the termination date of (he subreciplent's roject are paymentsR.completedwithin thirty (30) days of the end of the .. period of performance. 2.0 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. 3.0 Trust Funds 3.1 The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund may or may not be an interest bearing account. 3.2 The account may earn interest, but any earned interest must be used for program purposes and expended before the federal grant period end dale. Any unexpended interest remaining at the end of the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 4.0 Performance 4.1 Subaward Performance - The subrecipient must comply with state and federal requirements for subaward performance under 2 C.F.R. §§ 200.76 and 200,77. The subaward shall describe the liming and scope of expected performance as related to the outcomes intended to be achieved by the program. Where appropriate, the subaward should provide specific performance goals, indicators, milestones, or expected outcomes (such as outputs, or services performed or public impacts of any of these) with an expected timeline for accomplishment. Submitted programmatic 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, These requirements should be aligned with agency strategic goals, strategic objectives, or performance goals that are relevant to the program. 4.2 Performance of Agreement Provisions - In the event of default; non-compliance; or violation of any provision of this agreement by the subrecipient, the subrecipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate Including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subreciptent of its decision thirty (30) days in advance of the effective dale of such sanction, The subreciplent shall be paid only for those services satisfactorily performed prior to the effective dale of such sanction. 5.0 Grant Adjustments - Subrecipients must submit a grant adjustment through SIMON for major substantive changes such as: scope modifications or changes to project activities, target populations, service providers, implementation schedules, project director, 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. 5A 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. SFY2016 JAG Standard Conditions Page 8 of 20 Rev, 10/2015 161 5.2 Under no circumstances can transfers of funds increase the total budgeted award. 5.3 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. 5.4 All requests for changes must be submitted in SIMON no later than thirty (30) days prior to grant expiration date. 6.0 Required Reports - All reports must relate financial data to performance accomplishments. Subrecipients must submit both reports on the same reporting cycle. 6.1 Financial Expenditure Reports 6.1.2 The subrecipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure deports are due thirty (30) days after the end of the reporting period. In addition, if the subaward period is extended, additional Project Expenditure Reports small be submitted. 6.1.3 All project expenditures for reimbursement of subreciplent 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). 6.1.4 All Project Expenditure Reports shall be submitted in sufficient detail for proper pre -audit and post -audit. 6.1.5 Before the "final" Project Expenditure Report will be processed, the subreciplent 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. 6.1.6 Reports are to be submitted even when no reimbursement Is being requested. 6.1.7 The report must be electronically signed by the subrecpient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee, 6.2 Project Performance Reports 6.2.1 Reporting Time Frames: The subrecipient shall submit Monthly or Quarterly Project Performance Reports to SIMON, hereafter known as the Department, within fifteen (15) days after the end of the reporting period. In addition, if the sub award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. 6.2.2 Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in Section IV 4.2, Performance of Agreement Provisions. 6.2.3 Report Contents; Performance Deports 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. The narrative must also reflect on accomplishments for the quarter 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. 6.2.4 Submission: Performance Reports may be submitted by the Project Director, Application Manager, or Performance Contacts. 6.3 Project Generated Income (PGI) - All income generated as a direct result of a subgrant project shall be deemed program income. Program income must be accounted for and reported in SIMON In accordance with the OJP Financial Guide (Section 3.4). 6.3.1 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. If any PGI F 2016 JAG Standard Conditions P Rev. 10/2015 age 9 of 20 161 remains unspent after the subaward ends, the subrecipient must continue submitting quarterly PGI reports until all funds are expended. 6.3.2 PGI Earnings and Expenditure reports must be electronically signed by the subrecipient or Implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. 6.3.3 PGI Expenditure - Program income should be used as earned and expended as soon as possible and used to furlher the objects in which the award was made. 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. 6.4 Other Reports - The subrecipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. SECTION V: MONITORING AND AUDITS 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 Common Rule, 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 § 119, Fla. Stat., unless specifically exempted and/or made confidential by operation of 119, Fla. Stat., 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, site visits, and/or Florida Department of Financial Services contract reviews and Expanded Audits of Payment (EAP). The recipient agrees to provide FDLE all documentation necessary to complete monitoring of the award and verify expenditures In accordance with § 215.971, Fla. Stal. 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 properly furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, or 2 C.F.R. § 200, as applicable, This obligation continues as long as the subrecipient retains the property, notwithstanding expiration of this agreement. 3.1 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 properly is no longer needed. Subrecipienls must use, manage, and dispose of equipment acquired under a Federal award in accordance with § 274, Fla. Stat. 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. 4.1 The Financial Closeout Audit must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. §j Y2016 JAG Standard Conditions Page 10 of 20 Rev. 1012015 1 5.0 High risk Subreciplents - The subreciplent agrees to comply with any additional requirements that may be imposed during the grant performance period If FDLE's pre -award risk assessment or the U.S. Department of Justice determines the subreciplent is a high -risk grantee. Cf. 28 C.F.R. §§ 66, 70. 6.0 Reporting, Data Collection and Evaluation -The subrecipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance In the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by MILE. 7.0 Retention of Records .. The subreciplent 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: htt ://dos m and ,comlmedia/693574/ eneral- records-sch+edul l»sl Ddf htt ,. /dos.na )dd .comp al 7 / Q2, df 8.0 Disputes and Appeals . The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of tact arising under this agreement and shall distribute its response to all concerned parties, The subrecipient shalt proceed diligently with the performance of this agreement according to the Department's decision. if the subreciplent ,appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's cleric (agency clerk). The subreciplent's right to appeal the Department"s decision is contained in § 10, Fla. Slat,, and in procedures set forth in Mule 28-106,104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 9.0 Single Annual Audit 9.1 Subrecipients that expend $750,000 or more in a year to federal awards shall have a single audit or program -specific audit conducted for that year. The audit shall be performed in accordance with 2 C RR, § 200(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 funds disbursed. When applicable, the subreciplent shall submit an annual financial audit that meets the requirements of Florida Statutes 11 A5, "Definitions; duties; authorities; reports; rules.*; 215.97, "Florida Single Audit Act"; Rules of the Auditor General-, Chapter 10,550, "Local Governmental Entity Audits*; and Chapter 10,650, "Florida Single Audit Act Audits Nonprofit and For -Profit Organizations,* 9.2 A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall Include any management letters issued separately and management's written response to all findings, including audit report and management letter findings, Incomplete audit reports will not be accepted by the Department. .3 Audits shall be completed by an Independent Public Accountant {IPA) and according to Generally Accepted Government Auditing Standards (GAGAS). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. Subrecipients shall procure audit services according to § 200.509, and include clear objectives and scope of the audit in addition to peer review reports to strengthen audit quality and ensure effective use of audit resources. 9.4 The subreciplent promptly preparation of a summary schedule of pdor audit findings and a corrective action plan. audit report in instances of noncompliance with federal laws and regulations, including but not limited to follow-up to audit findings must abide by requirements in 2 C,F.R. § 200.511. • o writingudilees must make copies available for public hispection and ensure respective pails of the reporting package do not Include protected personally identifiable information. Records shall be made available upon request for a period of three (3) years from the date The audit report is issued, unless extended in by Department. 9.6 Subrecipients that expend less than $750,000 in federal awards during a fiscal year are exempt from the audit requirements of 2 C.F.R, § 200(F) for that fiscal year. In this case, written notification, which can be In the form of the "Certification of Audit Exemption* form, shall be provided to the Department by SFY2016 JAG Standard Conditions Rev, 10/2015 Page 11 of 20 i\ the Chief Financial Officer, or designee, that the subrecipient is exempt. This notice shall be provided to the Department no later than June 30 following the end of the fiscal year. 9.7 If this agreement Is closed without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. 9.8 The Federal Audit Clearinghouse is the repository of record for 2 C.F.R. § 200(F). Audits performed as a result of this requirement must be completed and submitted to the Federal Audit Clearinghouse within the earlier of thirty (30) calendar days after receipt of the auditors report(s), or nine (9) months after the end of the audit period. Submissions must include required elements described in Appendix X to Part 200 on the specified Data Collection Form (Form SF -SAC), and be signed by a senior level representative or chief official of the auditee. If the subrecipient opts not to authorize the Federal Audit Clearinghouse to snake the reporting package publically available, the single audit report must be submitted directly to the Department. A scanned copy of the completed audit reports or a link to the electronic audit report should be sent via email to crlminaliusticetfdle ate fi us or mailed to the following address:. Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 SECTION VI: SUBAWARD PROCUREMENT AND COST PRINCIPLES 1.0 Procurement Procedures - Subrecipients must use documented procurement procedures which reflect applicable state, local, and tribal laws and regulations, provided that the procurement standards conform to applicable Federal law (2 C.F.R. §§ 200,317-200.326). 2.0 Federal Procedures - All procedures employed in the use of federal funds for any procurement shall also be according to 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", 2 C.F.R. § 200.318, "General procurement standards", and Florida law to be eligible for reimbursement. 3.0 Cost Analysis - A cost analysis must be performed by the subrecipient if the cost or price is above the simplified acquisition threshold of $150,000. Costs or prices based on estimated costs for contracts are allowable only if allowable under 2 C.F.R. § 200,405(e),"Cost Principles". 4.0 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 Office of Justice Programs Financial Guide, 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; and 2 C.F.R. § 200.405(e), "Cost Principles". 4.1 All procedures employed in the use of federal funds for any procurement shall be according to 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments', 2 C,F.R. § 200.420, "Considerations for selected items of cost"; and Florida law to be eligible for reimbursement. 4.2 Subrecipients eligible to use the "de minimis" indirect cost rate described in 2 C.F.R. § 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise FDLE Office of Criminal Justice Grants in writing of both its eligibility and election, and must comply with all associated requirements in the OMB Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC). 5.0 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 the Federal Government in accordance with instructions from the Federal agency that determined the costs are unallowable unless Federal statute or regulation directs otherwise. See also Subpart D—Post Federal Award Requirements, 2 C,F.R. §§ 200,300, "Statutory and national policy requirements", through 200,309, "Period of performance." �... m r...m .. ....... d,... , ... —._ SFY2016 JAG Standard Conditions Page 12 of 20 Rev. 10/2015 5.1 Prohibited Expenditure List - Subaward funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition. httP-8://www.bi"ov/Fundin,a/JAGgontrolledPljrghgML: gpdf 5.2 Controlled Purchase List - Requests for acquisition of items on the Controlled Purchase List must receive explicit prior written approval from FDLE and BJA. If award funds are approved and used for the purchase or acquisition of any Item on the Controlled Purchase List, the subreciplent must collect and retain certain information about the use of 1) the federally grant funded controlled equipment and 2) any other controlled equipment in the same category as the federally -acquired controlled equipment in the agency's Inventory, regardless of source; and make that information available to FDLE and BJA upon request. No equipment on the Controlled Expenditure list that is purchased or acquired under this award may be transferred or sold to a third party without the prior approval and guidance from FOLE and BJA. Failure to comply with conditions related to Prohibited or Controlled Expenditures may result in prohibition from further Controlled Expenditure approval under this or other awards. hit 2s-L/w_ww.bia-Qov1Fundina/JA �-ontro�lrchaspUsLpdf 6.0 Review prior to Procurement - Subreciplents are encouraged to enter into state and local intergovernmental agreements or inter -entity agreements where appropriate for procurement or use of common or shared goods/services. Subreciplents are also encouraged to use excess and surplus property in lieu of purchasing new equipment and property when this Is feasible. 7.0 Sale Source - If the project requires a purchase of services or equipment from a sole source, the subreciplent must complete the Sole Source Justification for Services and Equipment Form, If the subreciplent is a state agency and the cost is at least $150,000, then the agency must submit a copy of the approval from the Department of Management Services (287,057(5) Fla. Slat.). Sole Source form must be signed by the subgrant recipient or Implementing agency chief official or an individual with formal, written signature authority for the chief official, 8.0 Unmanned Aerial Vehicles - The recipient agrees that awarded funds may not be expended on unmanned aircraft, unmanned aircraft systems, or aerial vehicles (US, UAS, or UAV) unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order. Additionally, any funding approved for this purpose would be subject to additional reporting, which would be stipulated by FDLE post award. 9.0 Personal Services - Subrecipients may use grant funds for eligible personal services (salaries/benefits and overtime) and must maintain Internal controls over salaries and wages. The following requirements apply to personal services paid with subgrant funds: 9.1 Timesheets - Timesheets must be kept for all project staff whose hours will be charged to the project. The limesheets must be signed by the supervisor and clearly indicate hours spent on project activities. 9.2 Additional Documentation - In accordance with Florida Statute § 215.971, the Florida Department of Financial Services may require documentation validation that personnel services were performed on project -related activities In accordance with the contract agreement. 9.3 Protected personally identifiable information -'rite subrecipient shall take reasonable measures to safeguard protected personally identifiable Information and other information the pass -through entity designates as sensitive or the stibrecipient considers sensitive consistent with applicable Federal, stale, local, and tribal laws regarding privacy and obligations of confidentiality. 9.4 Overtime for Law Enforcement Personnel - Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic Impacts such as increased court dockets and the need for detention space, 9.5 Employees Working Solely on a Single Federal Award - For any position that works 100% of its time on a single federal award, the employee must certify that 100% of his or her time was spent working on that federal award. This requirement applies to both full time and part time positions regardless of the percentage of the poon's salary that Is charged to the grant. The certification must be signed by as SFY2016 JAG Standard Conditions Rev, 10/2015 Page 13 of 20 161 the employee and the employee's direct supervisor having firsthand knowledge of the work performed by the employee. The forms must be submittedsemi-annually and may not be signed prior to the end of the reporting period. Certifications must be provided to cover the entire grant period 9.6 Maximum Allowable Salary - No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the subrecipient whose total annual cash compensation exceeds 110% of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. (The salary table for SES employees Is available at htto;/lwww,ogm,_qoy/oca/payratesAndex asR.) A subrecipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds. This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 10.0 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 §200.318 General procurement. 10.1 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 1668, as amended (42 US.C. § 3711, et seq. at www.gpg rag_ vtfdsM; the provisions of the current edition of the Office of Justice Programs Financial Guide htt _ ;ftoJg-goy/financialauidelDWrindex.htr 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. 10.2 Approval of Consultant Contracts - The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's 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 prior to obligation or expenditures of such funds. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Mule, and In applicable state statutes. The Deparlment's approval of the subreciplent agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $650 threshold does not apply, 11.0 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, Fla. Stat. Any foreign travel must obtain prior written approval, 11.1 BJA or FDLE Sponsored Events - The subrecipient agrees to participate in BJA- or FDLE- sponsored training events, technical assistance events, or conference held by FDLE or BJA or their designees, upon FDLE's or BJA's request. 11.2 Expenses Related to Conferences, Meetings, Trainings, and Other Events - The subrecipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is available at hit Wo' . ovlfinancial uidetOOJI ostawardRe u rem r310 h m 11.3 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 MM.plp.g2 /f ndingloil2trainiaggulgingLnnci2les him 12.0 Publications, Media and Patents 12.1 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 SFY2016 JAG Standard Conditions Page 14 of 20 Rev. 10/2015 71 Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and local Governments, and 2 C.F.R. § 200.315 "Intangible Property," as applicable. 12.2 Copyright - The awarding agency reserves a royalty -free, non-exccsive, and irrevocable license to reproduce„ publish, or otherwise use, and authorize others to use, for federal government purposes: 12.2.1 The copyright In any work developed under an award or subaward, and 12.2.2 Any rights of copyright to which a subaward recipient or subrecipient purchases ownership with support funded under this grant agreement. All materials publicizing or resulting from award activities shall contain the following statements identifying the federal award: ■ ■ r.:l. ■F■■ ■ r r ■ r ■■ a ■ ■ ■ a ■ ■ .■ ■ « - 12.4 Patents - If any program produces patentable items, patent rights, processes, or inventions, in the course of work sponsored by the federal award or subaward funds, such facts must be promptly and fully reported to the awarding agency. 12.4.1 Unless there is a prior agreement between the subrecipient and the Department on disposition of such items, the Department may determine whether protection on the invention or discovery will be sought. 12.4.2 The Department will also determine how rights in the invention or discovery (Including rights under any patents issued) will be allocated and administered in order to protect the public interest consistent with "Government Patent Pollcy" ("IPresldent`s Memorandum for Meads of Executive Departments and Agencies," dated August 23,1971, and statement of Government patent policy, as printed In 36 Federal Register 16839). 12.4.3 Government regulations have been issued in 37 C.F.R. § 401 by the U.S. Department of Commerce. s lT F ! ■■ ! ■. � 1. r ■' ■ ■ ! 14,0 Task Force Training Requirement - The subrecipient agrees that within 120 days of award, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force over, 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 SJA's Center for Task Force Integrity and Leadership ctfli ova). 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 subreciplent must compile and maintain a task force personnel SFY2016 JAG Standard Conditions Rev. 10/2015 Page 15 of 20 161 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 (r+�yyr,ctll, org }. 15.0 Information Technology Projects 15.1 Criminal Intelligence Systems - The subreciplent 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 Once 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 subreciplent 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 fiends necessary for any federal, state, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecutions, or adjudication activities. 15.2 State Information Technology Point of Contact - The subrecipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entilles regarding various information technology projects being conducted with these grant funds. In addition, the subrecipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to M0J1,ojg ggvtdefaull.aspx?area=v,.oligMndPractice&12age=IQ4Q 15.3 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. 15.4 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. 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. 16.0 Interoperable Communications Guidance 16.1 Subrecipienis that are using funds to support emergency communications activities must comply with the current SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance Interoperable communications. Emergency communications activities include the purchase of Interoperable Communications Equipment and technologies such as voice-over-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 www s f com ro_ ram. ovtlibra iliststli r /Dis Form..as x'?l =334. 16.2 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 recipient 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 SFY2016 JAG Standard Conditions Page 16 of 20 Rev. 10/2015 1 funding (plus the quantity purchased of each item) to FDLE once items are procured during any periodic programmatic progress reports. 17.0 Drug Court Projects - A Drug Court Project must comply with § 397.334, Fla. Stat., 'Treatment -Based Drug Court Programs SECTION VII: ADDITIONAL REQUIREMENTS 1.0 Ballistic Resistant and Stab Resistant Body Armor 1.1 Mandatory Wear Policy - Subreciplents that wish to purchase armor with JAG funds must certify that law enforcement agencies receiving vests have a written "mandatory wear" policy In effect. This policy must be in place for at least all uniformed officers before funding can be used by the agency for body armor. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty, FAs related to the mandatory wear policy and. certifications can be found at MM, bia.gov/Fundina/JAGE6-Q f; 1.2 BVP Program - JAG funds may be used to purchase armor for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. 1.3 NIJ Compliance - Body armor purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (httpJ1nij,gov), In addition, body armor purchased must be American - made, The latest NIJ standard information can be found at: www,n (g i ItechnQtogy&ody rmorlsafety--initialtve hlm. ' , Facilities - The subrecipient 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, 3.0 National Environmental Policy Act (NEPA) 3.1 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 0CJG. 3.1.1 New construction 3.1.2 Minor renovation or remodeling of a property either (a) listed on or eligible for listing on this National Register of Historic Places or (b) 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; 3.1.3 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; and 3.1.4 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. 3.1.5 Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methampbetamine laboratories. SFY2016 JAG Standard Conditions Rev. 10/2015 Page 17 of 20 3.2 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 flan, as detailed by the Department of Justice at www.bia.aov/Fyndi!lgln_ei2g.html, for programs relating to methamphetamine laboratory operations. 3.3 For any of a subreciplent's existing programs or activities that will be funded by these subawards, the subreciplent, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice In any preparation by the Department of Justice of a national or program environmental assessment of that funded program or activity. 4.0 Methamphetamine Plans. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphelamine Laboratories - If an award is made to support methamphetamine laboratory operations the subreciplent must comply with this condition, which provides for individual site environmental assessmentrimpact statements as required under the National Environmental Policy Act. 4.1 General Requirement: The subreciplent agrees to comply with federal, state, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. The subrecipient also agrees to complete a Methamphetamine Mitigation Plan (MMP) that includes the nine protective measures or components required by BJA and submit the plan to FDLE's Office of Criminal Justice Grants. 4.2 Specific Requirements; The subrecipient understands and agrees that any program or initiative Involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result In adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subrecipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphelamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subaward. In so doing, the subreciplent understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 4.2.1 Provide medical screening of personnel assigned or to be assigned by the subrecipient to the seizure or closure of clandestine methamphetamine laboratories; 4.2.2 Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subrecipient to either the seizure or closure of clandestine methamphetamine laboratories; 4.2.3 As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4.2.4 Assign property trained personnel to prepare a comprehensive contamination report on each closed laboratory; 4.2.5 Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 4.2.6 Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, property licensed recycling facilities; 4.2.7 Monitor the transport, disposal, and recycling components of subparagraphs 4.4.5 and 4.4.6 immediately above in order to ensure proper compliance; SFY2016 JAG Standard Conditions Page 16 of 20 Rev. 10/2015 4.2.8 Have in place and implement an inter -agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's 1) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and 2) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remedlated, If necessary, and in accordance with existing federal and state requirements; and 4.2.9 Have in place and implement a written agreement with the responsible state or local service agencies to property respond to any minor, as defined by stale law, at the site. This agreement must ensure immediate response by qualified personnel who can 1) respond to the potential health creeds of any minor at the site; 2) take that minor into protective custody unless the minor Is criminally involved In the meth lab activities or is subject to arrest for other criminal violations; S) ensure immediate medical testing for methamphetamine toxicity; and 4) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity assuring5.0 National Historic Preservation Act — The Act will assist the Department (if necessary) In compliance ! 1i of the National Historic Preservation Act of 1966 (16 U-S,C, § 470). Ex. Order "3 (Identificatio ,, #and the National 6. 1 Human Research#. t $s. - Subreciplent agreesto comply with the requirements subjects,Office of Justice Programs policies and procedures regarding the protection of human research Including obtainment of Institutional Review Board approval, If appropriate, and subject Informed consent. 7.0 Global StandardsPackage order t# promote f.! F', sharing and enable Interoperability, among disparate systems across the justice and public safety community, OJP requires the recipient to comply with DOJ's Global Justice Information Sharing Initiative (DOSS Global) guidelines and recommendations for this particular grant. Recipient shall conform to the Global Standards Package (GSP) and all constituent elements. where applicable, as described at* JJ ion. Recipient 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 ! i`.i 8.0 Disclosures I Conflict of Interest - The subreciplent and implementing agency will establish safeguards to prohil" 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 wrili any potential conflict of interest to FDLE (the non-federal pass -through entity), I 8.2 Violations of Criminal Law - The surecipient and implementing agency must disclose all violations of state or federal criminal law Involving fraud, bribery or gratuity violations potentially affecting the sub award. 9.0 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 governs the treatment of persons displaced as a result of federal and federally. assisled programs, 10.0 Limitations on Government Employees Financed by Federal Assistance -The subrecipent will comply with requirements of 5 U,S,C. §§ 1501-08 and 7 4. 8, 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. 11.0 Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct - The subrecipientpromptly refer to DOi Office of inspector General (OIG) and the Florida Depariment of . Enforcement, Justice Grants any credible evidencethat a principal.recontractor,subcontractor, person has either 1) submitted a claim # fundsN. s the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, involving !funds, or similar ! ! SFY2018 JAG Standard Conditions Rev, 10/2015 Page 19 of 20 12.0 Restrictions and certifications regarding non -disclosure agreements and related matters - Subrecipients or contracts/subcontracts under this award may not require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits, restricts or purports to prohibit or restrict, the reporting of waste, fraud or abuse in accordance with law, to an investigative or law enforcement representative of a state or federal department or agency authorized to receive such information. 13.0 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. 14.0 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, Fla. Stat.., 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. 15.0 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 -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 ht s,, i ,nc'rs, ov1 d ile 1/ni`l 1001062. 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). 16.0 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.C. §§ 1857(h)), section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 C.F.R. § 15), The subreciplent 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. 17.0 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. SFY2016 JAG Standard Conditions Page 20 of 20 Rev, 10/2015