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2023-083
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2023-083
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Last modified
5/23/2023 12:33:26 PM
Creation date
5/23/2023 12:31:13 PM
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/08/2023
Control Number
2023-083
Agenda Item Number
No Agenda Item
Entity Name
Florida Department of Law Enforcement
Subject
Edward Byrne Memorial Justice Assistance Grant (JAG) Program Award Agreement
Workforce Skill Development
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criminal, medical, and financial records; and educational transcripts. This does not include PH that is required by law to be <br />disclosed. (See also § 200.79 Personally Identifiable Information (PII)). <br />Questioned cost means a cost that is questioned by the auditor because of an audit finding 1) that resulted from a violation <br />or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to <br />match Federal funds; 2) where the costs, at the time of the audit, are not supported by adequate documentation; or 3) where <br />the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. <br />Simplified acquisition threshold means the dollar amount below which a non -Federal entity may purchase property or <br />services using small purchase methods. Non -Federal entities adopt small purchase procedures in order to expedite the <br />purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the <br />Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. § 1908. As of the <br />publication of this part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. <br />(Also see definition of Micro -purchase, 2 C.F.R.§ 200.67). <br />Subaward is an award provided by a pass-through entity to a recipient for the recipient to carry out part of a Federal award <br />received by the pass-through entity. It does not include payments to a contractor or payments to an individual who is a <br />beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an <br />agreement that the pass-through entity considers a contract. <br />Recipient means a non -Federal entity that receives an award from a pass-through entity to carry out part of a Federal <br />program; but does not include an individual that is a beneficiary of such program. <br />Supplies means all tangible personal property other than those described in §200.33 Equipment. A computing device is a <br />supply if the acquisition cost is less than the lesser of the capitalization level established by the non -Federal entity for <br />financial statement purposes or $5,000, regardless of the length of its useful life. See also §§200.20 Computing devices <br />and 200.33 Equipment. <br />For PSN: Task Forces are established by each USAO to collaborate with a PSN team of federal, state, local, and tribal <br />(where applicable) law enforcement and other community members to implement a strategic plan for investigating, <br />prosecuting, and preventing violent crime. <br />SECTION I: TERMS AND CONDITIONS <br />1.0 Payment Contingent on Appropriation and Available Funds - The State of Florida's obligation to pay under this <br />agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the <br />State of Florida to reimburse recipients for incurred costs is subject to available federal funds. <br />2.0 Commencement of Project - If a project is not operational within 60 days of the original start date of the award <br />period or the date of award activation (whichever is later), the recipient must report by letter to the Department the <br />steps taken to initiate the project, the reasons for delay, and the expected start date. <br />If a project is not operational within 90 days of the original start date of the award period or the date of award activation <br />(whichever is later), the recipient must submit a second statement to the Department explaining the implementation <br />delay. <br />Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, <br />at its discretion, unilaterally terminate this agreement and re -obligate award funds to other Department approved <br />projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project <br />past the ninety (90) day period, but only by formal written adjustment to this agreement. <br />3.0 Supplanting - The recipient agrees that funds received under this award will not be used to supplant state or local <br />funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made <br />available for award activities. <br />4.0 Non -Procurement, Debarment and Suspension - The recipient agrees to comply with Executive Order 12549, <br />Debarment and Suspension and 2 C.F.R. § 180, "OMB Guidelines To Agencies On Governmentwide Debarment <br />And Suspension (Non -procurement)". These procedures require the recipient to certify it shall not enter into any <br />lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily <br />excluded from participating in this covered transaction, unless authorized by the Department. If the award is <br />$100,000 or more, the sub recipient and implementing agency certify that they and their principals: <br />1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of <br />federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal <br />Page 12 of 26 <br />
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