STANDARD SUBCONTRACT16STO68
CFDA No. 16.588 ® Client ❑ Non - Client
FLORIDA COUNCIL AGAINST SEXUAL VIOLENCE
STANDARD SUBCONTRACT
THIS CONTRACT is entered into between the Florida Council Against Sexual Violence, hereinafter referred to as the Council, and
City of Clearwater Police Department hereinafter referred to as the Provider.
THE PARTIES AGREE:
I. THE PROVIDER AGREES:
A. To provide services in accordance with the conditions specified in Attachment I.
B. Requirements of §287.058, Florida Statutes (FS)
To provide units of deliverables, including reports, findings, and drafts as specified in Attachment I, to be received and accepted by the
contract manager prior to payment. To comply with the criteria and final date by which such criteria must be met for completion of this
subcontract as specified in Section III, Paragraph A. of this subcontract. To submit bills for fees or other compensation for services or
expenses in sufficient detail for a proper pre -audit and post -audit thereof. Where applicable, to submit bills for any travel expenses in
accordance with §112.061, FS. The Council may, if specified in Attachment I, establish rates lower than the maximum provided in
§112.061, FS. To allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, FS,
made or received by the Provider in conjunction with this subcontract. It is expressly understood that the Provider's refusal to comply
with this provision shall constitute an immediate breach of contract.
C. To the Following Goveming Law
1. State of Florida Law
This subcontract is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all
respects in accordance with the laws, rules, and regulations of the State of Florida. Each party shall perform its obligations herein
in accordance with the terms and conditions of the subcontract.
2. Federal Law
a. If this subcontract contains federal funds, the Provider shall comply with the provisions of 45 CFR, Part 74, and /or 45 CFR, Part 92,
and other applicable regulations as specified in Attachment I.
b. If this subcontract contains federal funds and is over $100,000, the Provider shall comply with all applicable standards, orders, or
regulations issued under §306 of the Clean Air Act, as amended (42 U.S.C. 1857(h) et seq.), §508 of the Clean Water Act, as
amended (33 U.S.C. 1368 et seq.), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15).
The Provider shall report any violations of the above to the Council.
c. If this subcontract contains federal funding in excess of $100,000, the Provider must, prior to subcontract execution, complete the
Certification Regarding Lobbying form, Attachment (N /A). If a Disclosure of Lobbying Activities form, Standard Form LLL, is
required, it may be obtained from the contract manager. All disclosure forms as required by the Certification Regarding Lobbying
form must be completed and returned to the contract manager.
d. Not to employ unauthorized aliens. The Council shall consider employment of unauthorized aliens a violation of § §274A(e) of the
Immigration and Naturalization Act (8 U.S.C. 1324 a) and section 101 of the Immigration Reform and Control Act of 1986. Such
violation shall be cause for unilateral cancellation of this subcontract by the Council. The Provider agrees to utilize the U.S.
Department of Homeland Security's E- Verify system, https / /e- verify.uscis.gov /emp, to verify the employment eligibility of all new
employees hired during the subcontract term by the Provider. The Provider shall also include a requirement in subcontracts that
the subcontractor shall utilize the E -Verify system to verify the employment eligibility of all new employees hired by the
subcontractor during the subcontract term. Subcontractors meeting the terms and conditions of the E- Verify System are deemed to
be in compliance with this provision.
e. The Provider shall comply with the President's Executive Order 11246, Equal Employment Opportunity (30 FR 12319, 12935, 3
CFR 1964 -1965 Comp., p. 339) as amended by President's Executive Order 11375, and as supplemented by regulations at 41
CFR, Part 60.
f. The Provider and any subcontractors agree to comply with Pro - Children Act of 1994, Public Law 103 -277, which requires that
smoking not be permitted in any portion of any indoor facility used for the provision of federally funded services including health,
day care, early childhood development, education or library services on a routine or regular basis, to children up to age 18. Failure
to comply with the provisions of the law may result in the imposition of civil monetary penalty of up to $1,000 for each violation
and /or the imposition of an administrative compliance order on the responsible entity.
g. HIPAA: Where applicable, the Provider will comply with the Health Insurance Portability Accountability Act as well as all regulations
promulgated thereunder (45CFR Parts 160, 162, and 164).
h. If the Provider is determined to be a subrecipient of federal funds, the Provider will comply with the requirements of the American
Recovery and Reinvestment Act (ARRA) and the Federal Funding Accountability and Transparency Act, by obtaining a DUNS
(Data Universal Numbering System) number and registering with the System for Award Management. No payments will be issued
until the Provider has submitted a valid DUNS number and evidence of registration (i.e. a printed copy of the completed SAM
registration) to the contract manager. To obtain registration and instructions, visit http: //fedgov.dnb.com /webform and
https: / /www.sam.gov.
D. Audits; Records, and Records Retention
1. To establish and maintain books, records, and documents (including electronic storage media) in accordance with generally
accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds
provided by the Council under this subcontract.
2. To retain all client records, financial records, supporting documents, statistical records, and any other documents (including
electronic storage media) pertinent to this subcontract for a period of six (6) years after termination of the subcontract, or if an audit
has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until
resolution of the audit findings or any litigation which may be based on the terms of this subcontract.
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3. Upon completion or termination of the subcontract and at the request of the Council, the Provider will cooperate with the Council to
facilitate the duplication and transfer of any said records or documents during the required retention period as specified in Section
I, paragraph D.2. above.
4. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by Federal, state, or other
personnel duly authorized by the Council.
5. Persons duly authorized by the Council and Federal auditors, pursuant to 45 CFR, Part 92.36(i)(10), shall have full access to and
the right to examine any of Provider's subcontract and related records and documents, regardless of the form in which kept, at all
reasonable times for as long as records are retained.
6. To provide a financial and compliance audit to the Council as specified in Attachment 111 and to ensure that all related party
transactions are disclosed to the auditor.
7. To include these aforementioned audit and record keeping requirements in all approved subcontracts and assignments.
8. If Exhibit 2 of this subcontract indicates that the Provider is a recipient or subrecipient, the Provider will perform the required
financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A -133, and /or
section 215.97 Florida Statutes, as applicable and conform to the following requirements:
a. Documentation. To maintain separate accounting of revenues and expenditures of funds under this subcontract and each
CSFA or CFDA number identified on Exhibit 1 attached hereto in accordance with generally accepted accounting practices
and procedures. Expenditures which support Provider activities not solely authorized under this subcontract must be allocated
in accordance with applicable laws, rules and regulations, and the allocation methodology must be documented and supported
by competent evidence.
Provider must maintain sufficient documentation of all expenditures incurred (e.g. invoices, canceled checks, payroll detail,
bank statements, etc.) under this subcontract which evidences that expenditures are:
1) allowable under the subcontract and applicable laws, rules and regulations;
2) reasonable; and
3) necessary in order for the recipient or subrecipient to fulfill its obligations under this subcontract.
The aforementioned documentation is subject to review by the Council, the Department of Health and /or the State Chief
Financial Officer and the Provider will timely comply with any requests for documentation.
E. Monitoring by the Council
To permit persons duly authorized by the Council to inspect any records, papers, documents, facilities, goods, and services of the
Provider, which are relevant to this subcontract, and interview any clients and employees of the Provider to assure the Council of
satisfactory performance of the terms and conditions of this subcontract. Following such evaluation the Council will deliver to the
Provider a written report of its findings and will include written recommendations with regard to the Provider's performance of the terms
and conditions of this subcontract. The Provider will correct all noted deficiencies identified by the Council within the specified period of
time set forth in the recommendations. The Provider's failure to correct noted deficiencies may, at the sole and exclusive discretion of
the Council, result in any one or any combination of the following: (1) the Provider being deemed in breach or default of this
subcontract; (2) the withholding of payments to the Provider by the Council; and (3) the termination of this subcontract for cause.
F. Indemnification
NOTE: Paragraph I.F.1. and I.F.2. are not applicable to contracts executed between state agencies or subdivisions, as defined in
§768.28, FS.
1. The Provider shall be liable for and shall indemnify, defend, and hold harmless the Council and all of its officers, agents, and
employees from all claims, suits, judgments, or damages, consequential or otherwise and including attorneys' fees and costs,
arising out of any act, actions, neglect, or omissions by the Provider, its agents, or employees during the performance or operation
of this subcontract or any subsequent modifications thereof, whether direct or indirect, and whether to any person or tangible or
intangible property.
2. The Provider's inability to evaluate liability or its evaluation of liability shall not excuse the Provider's duty to defend and indemnify
within seven (7) days after such notice by the Council is given by certified mail. Only adjudication or judgment after highest appeal
is exhausted specifically finding the Provider not liable shall excuse performance of this provision. The Provider shall pay all costs
and fees related to this obligation and its enforcement by the Council. The Council's failure to notify the Provider of a claim shall not
release the Provider of the above duty to defend. Nothing herein shall be construed to waive or modify the provisions of Section
768.28, Florida Statutes or the doctrine of sovereign immunity.
G. Insurance
To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence
of this subcontract and any renewal(s) and extension(s) of it. Upon execution of this subcontract, unless it is a state agency or subdivision as
defined by §768.28, FS, the Provider accepts full responsibility for identifying and determining the type(s) and extent of liability insurance
necessary to provide reasonable financial protections for the Provider and the clients to be served under this subcontract. The limits of
coverage under each policy maintained by the Provider do not limit the Provider's liability and obligations under this subcontract. Upon the
execution of this subcontract, the Provider shall fumish the Council written verification supporting both the determination and existence of such
insurance coverage. Such coverage may be provided by a self- insurance program established and operating under the laws of the State of
Florida. The Council reserves the right to require additional insurance as specified in Attachment I where appropriate.
H. Safeguarding Information
Not to use or disclose any information concerning a recipient of services under this subcontract for any purpose not in conformity with
state and federal law or regulations except upon written consent of the recipient, or his responsible parent or guardian when authorized
by law.
I. Assignments and Subcontracts
1. To neither assign the responsibility of this subcontract to another party nor subcontract for any of the work contemplated under this
subcontract without prior written approval of the Council, which shall not be unreasonably withheld. Any sub - license, assignment,
or transfer otherwise occurring shall be null and void.
2. The Provider shall be responsible for all work performed and all expenses incurred with the project. If the Council permits the
Provider to subcontract all or part of the work contemplated under this subcontract, including entering into subcontracts with
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vendors for services and commodities, it is understood by the Provider that the Council shall not be liable to the subcontractor for
any expenses or liabilities incurred under the subcontract and the Provider shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract. The Provider, at its expense, will defend the Council against such claims.
3. The State of Florida shall at all times be entitled to assign or transfer, in whole or part, its rights, duties, or obligations under this
subcontract to another govemmental agency in the State of Florida, upon giving prior written notice to the Provider. In the event the State
of Florida approves transfer of the Provider's obligations, the Provider remains responsible for all work performed and all expenses
incurred in connection with the subcontract. In addition, this subcontract shall bind the successors, assigns, and legal representatives of
the Provider and of any legal entity that succeeds to the obligations of the State of Florida.
4. The subcontractor shall provide a monthly Minority Business Enterprise report summarizing the participation of certified and non - certified
minority subcontractors/material suppliers for the current month, and project to date. The report shall indude the names, addresses, and
dollar amount of each certified and non - certified MBE participant, and a copy must be forwarded to the Contract Manager of the
Department of Health. The Office of Supplier Diversity (850-487 -0915) will assist in fumishing names of qualified minorities. The
Department of Health, Minority Coordinator (850 - 245 -4199) will assist with questions and answers.
5. Unless otherwise stated in the contract between the Provider and subcontractor, payments made by the Provider to the subcontractor
must be within seven (7) working days after receipt of full or partial payments from the Council in accordance with § §287.0585, FS. Failure
to pay within seven (7) working days will result in a penalty charged against the Provider and paid by the Provider to the subcontractor in the
amount of one -half of one (1) percent of the amount due per day from the expiration of the period allowed herein for payment. Such penalty
shall be in addition to actual payments owed and shall not exceed fifteen (15) percent of the outstanding balance due.
J. Retum of Funds
To retum to the Council any overpayments due to uneamed funds or funds disallowed and any interest attributable to such funds pursuant to
the terms of this subcontract that were disbursed to the Provider by the Council. In the event that the Provider or its independent auditor
discovers that overpayment has been made, the Provider shall repay said overpayment within 40 calendar days without prior notification from
the Council. In the event that the Council first discovers an overpayment has been made, the Council will notify the Provider by letter of such a
finding. Should repayment not be made in a timely manner, the Council will charge interest of one (1) percent per month compounded on the
outstanding balance after 40 calendar days after the date of notification or discovery.
K. Incident Reporting
Abuse, Neglect, and Exploitation Reporting
In compliance with Chapter 415, FS, an employee of the Provider who knows or has reasonable cause to suspect that a child, aged
person, or disabled adult is or has been abused, neglected, or exploited shall immediately report such knowledge or suspicion to the
Florida Abuse Hotline on the single statewide toll -free telephone number (1- 800- 96ABUSE).
L. Transportation Disadvantaged
If clients are to be transported under this subcontract, the Provider will comply with the provisions of Chapter 427, FS, and Rule Chapter 41 -2,
FAC. The Provider shall submit to the department the reports required pursuant to Volume 10, Chapter 27, DOH Accounting Procedures
Manual.
M. Purchasing
Procurement of Materials with Recycled Content. It is expressly understood and agreed that any products or materials which are the subject of, or
are required to carry out this contract shall be procured in accordance with the provisions of §403.7065, and §287.045, FS.
N. Civil Rights Requirements
Civil Rights Certification: The Provider will comply with applicable provisions of DOH publication, "Methods of Administration,
Equal Opportunity in Service Delivery."
O. Independent Capacity of the Subcontractor
1. In the performance of this subcontract, it is agreed between the parties that the Provider is an independent contractor and that the
Provider is solely liable for the performance of all tasks contemplated by this subcontract, which are not the exdusive responsibility of the
Council.
2. Except where the Provider is a state agency, the Provider, its officers, agents, employees, subcontractors, or assignees, in performance
of this subcontract, shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the State of Florida.
Nor shall the Provider represent to others that it has the authority to bind the Council unless specifically authorized to do so.
3. Except where the Provider is a state agency, neither the Provider, its officers, agents, employees, subcontractors, nor assignees are entitled
to state retirement or state leave benefits, or to any other compensation of state employment as a result of performing the duties and
obligations of this subcontract.
4. The Provider agrees to take such actions as may be necessary to ensure that each subcontractor of the Provider will be deemed to be an
independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the State of Florida.
5. Unless justified by the Provider and agreed to by the Council in Attachment I, the Coundl will not fumish services of support (e.g., office
space, office supplies, telephone service, secretarial, or clerical support) to the Provider, or its subcontractor or assignee.
6. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds, and all necessary
insurance for the Provider, the Provider's officers, employees, agents, subcontractors, or assignees shall be the responsibility of the
Provider.
P. Sponsorship
As required by §286.25, FS, if the Provider is a non - govemmental organization which sponsors a program financed wholly or in part by state
funds, including any funds obtained through this subcontract, it shall, in publicizing, advertising, or describing the sponsorship of the program,
state: Sponsored by (Provider's name) and the State of Florida, Department of Health. If the sponsorship reference is in written material, the
words State of Florida, Department of Health shall appear in at least the same size letters or type as the name of the organization.
Q. Use of Funds for Lobbying Prohibited
To comply with the provisions of §216.347, FS, which prohibit the expenditure of subcontract funds for the purpose of lobbying the Legislature,
judicial branch, or a state agency.
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R. Public Entity Crime and Discriminatory Vendor
By executing this subcontract, the Provider represents and warrants that neither the Provider nor any of its affiliates, subsidiaries, directors,
officers or employees are currently on the convicted vendor list maintained pursuant to § 287.133, F.S., the discriminatory vendor list maintained
pursuant to § 287.134, F.S., or any similar list maintained by any other state or the federal govemment. The Provider shall immediately notify the
Council if it or any of its affiliates, subsidiaries, directors, officers or employees are placed on the convicted vendor list maintained pursuant to §
287.133, F.S., the discriminatory vendor list maintained pursuant to § 287.134, F.S., or any similar list maintained by any other state or federal
govemment.
S. Patents, Copyrights, and Royalties
1. If any discovery or invention arises or is developed in the course or as a result of work or services performed under this subcontract, or in
any way connected herewith, the Provider shall refer the discovery or invention to the Council to be referred to the Department of State to
determine whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in
connection with the performance of this subcontract are hereby reserved to the State of Florida.
2. In the event that any books, manuals, films, or other copyrightable materials are produced, the Provider shall notify the Department of
State. Any and all copyrights accruing under or in connection with the performance under this subcontract are hereby reserved to the
State of Florida.
3. The Provider, without exception, shall indemnify and save harmless the State of Florida and its employees from liability of any nature or
kind, induding cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article
manufactured by the Provider. The Provider has no liability when such daim is solely and exclusively due to the Department of State's
alteration of the artide. The State of Florida will provide prompt written notification of daim of copyright or patent infringement. Further, if
such claim is made or is pending, the Provider may, at its option and expense, procure for the Department of State, the right to continue
use of, replace, or modify the artide to render it non - infringing. If the Provider uses any design, device, or materials covered by letters,
patent, or copyright, it is mutually agreed and understood without exception that the bid prices shall include all royalties or cost arising
from the use of such design, device, or materials in any way involved in the work.
T. Construction or Renovation of Facilities Using State Funds
No funds provided under this Subcontract may be used for the purchase of or improvements to real property.
U. Information Security
The Provider shall maintain confidentiality of all data, files, and records including client records related to the services provided
pursuant to this agreement and shall comply with state and federal laws, including, but not limited to, sections 384.29, 381.004, 392.65,
and 456.057, Florida Statutes. Procedures must be implemented by the Provider to ensure the protection and confidentiality of all
confidential matters. These procedures shall be consistent with the Department of Health Information Security Policies, as amended,
which is incorporated herein by reference and the receipt of which is acknowledged by the Provider, upon execution of this agreement.
The Provider will adhere to any amendments to the department's security requirements provided to it during the period of this
agreement. The Provider must also comply with any applicable professional standards of practice with respect to client confidentiality.
11. THE COUNCIL AGREES:
A. Subcontract Amount
To pay for contracted services according to the conditions of Attachment I in an amount not to exceed $4.985.00 subject to the availability of
funds. The State of Florida's performance and obligation to pay under this subcontract is contingent upon an annual appropriation by the
Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this
subcontract.
111. THE PROVIDER AND THE COUNCIL MUTUALLY AGREE
A. Effective and Ending Dates
This subcontract shall begin on July 1, 2016 or the date upon which the contract between the Council and the Florida Department of Health for
S.T.O.P. (Services, Training, Officers, Prosecutors) funding is executed, whichever is later, and shall be retroactive to that date if executed
thereafter. It shall end on June 30, 2017.
B. Termination
1. Termination at Will
This subcontract may be terminated by either party upon no less than thirty (30) calendar days notice in writing to the other party, without
cause, unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, retum receipt
requested, or in person with proof of delivery.
2. Termination Because of Lack of Funds
In the event funds to finance this subcontract become unavailable, the Council may terminate the subcontract upon no less than twenty-four
(24) hours notice in writing to the Provider. Said notice shall be delivered by certified mail, retum receipt requested, or in person with proof of
delivery. The Council shall be the final authority as to the availability and adequacy of funds. In the event of termination of this subcontract, the
Provider will be compensated for any work satisfactorily completed prior to notification of termination.
3. Termination for Breach
This subcontract may be terminated for the Provider's non - performance upon no less than twenty-four (24) hours notice in writing to the
Provider. If applicable, the Council may employ the default provisions in Chapter 60A -1.006 (3), FAC. Waiver of breach of any provisions of
this subcontract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this
subcontract. The provisions herein do not limit the Council's right to remedies at law or in equity.
4. Termination for Failure to Satisfactorily Perform Prior Agreement
Failure to have performed any contractual obligations with the Council in a manner satisfactory to the Council will be a sufficient cause for
termination. To be terminated as a Provider under this provision, the Provider must have: (1) previously failed to satisfactorily perform in a
contract with the Council, been notified by the Council of the unsatisfactory performance, and failed to correct the unsatisfactory performance
to the satisfaction of the Council; or (2) had a contract terminated by the Council for cause.
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C. Renegotiation or Modification
Modifications of provisions of this subcontract shall only be valid when they have been reduced to writing and duly signed by both parties. The
rate of payment and dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when
these have been established through the appropriations process and subsequently identified in the Council's operating budget.
D. Official Payee and Representatives (Names, Addresses and Telephone Numbers)
1. The name (Provider name as shown on page 1 of this subcontract) 3. The name, address, and telephone number of the contract
and mailing address of the official payee to whom the payment shall manager for the Council for this subcontract is:
be made is:
City of Clearwater Police Department Gretchen Wild -Story
P. O. Box 4748 1820 East Park Avenue, Suite 100
Clearwater FL 33758 -4748 Tallahassee, FL 32301
(850) 297-2000
2. The name of the contact person and street address where financial
and administrative records are maintained is:
Steven King
Administrative Support Manager
645 Pierce Street
Clearwater, FL 33756
4. The name, address, and telephone number of the Provider's
representative responsible for administration of the program
under this subcontract is:
Major David Dalton
645 Pierce Street
Clearwater, FL 33756
727 -562 -4352
5. Upon change of representatives (names, addresses, telephone numbers) by either party, notice shall be provided in writing to the other
party and said notification attached to originals of this subcontract.
E. All Terms and Conditions Included
This subcontract and its attachments as referenced I. II and III and Exhibit 1 contain all the terms and conditions agreed upon by the parties.
There are no provisions, terms, conditions, or obligations other than those contained herein, and this subcontract shall supersede all previous
communications, representations, or agreements, either verbal or written between the parties. If any term or provision of the subcontract is
found to be illegal or unenforceable, the remainder of the subcontract shall remain in full force and effect and such term or provision shall be
stricken.
I have read the above subcontract and understand each section and paragraph.
IN WITNESS THEREOF, the parties hereto have caused this 24 page subcontract to be executed by their undersigned officials as duly authorized.
PROVIDER: CITY F CLEARWATE POLICE DEPARTMENT FLORIDA COUNCIL AGAINST SEXUAL VIOLENCE
SIGNATURE: SIGNATURE:
PRINT/TYPE NAME: DANIEL . SLAUGHTER PRINT/TYPE NAME: JENNIFER L. DRITT
TITLE: p
DATE: P/ 91/�o DATE:
STATE AGENCY 29 -DIGIT FLAIR CODE: N/A
CHIEF OF POLICE
TITLE: EXECUTIVE DIRECTOR
FEDERAL EID# (OR SSN): 59- 6000289
PROVIDER FISCAL YEAR ENDING DATE: SEPTEMBER 30
DUNS #: 0783073030000
5
Countersigned:
cte.Orkt nCt e\itIOS
George N. Cretekos
Mayor
Approved as to form:
Robert J. S r-tte
Assistant CI Attorney
CITY OF CLEARWATER, FLORIDA
By:
Attest:
William B. Horne II
City Manager
it
Rosemarie Call
City Clerk
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ATTACHMENT 1
A. Services To Be Provided.
1. General Description. The Provider shall provide services in accordance with the terms and conditions
specified in this subcontract including all attachments, exhibits, and documents incorporated by
reference which constitute the subcontract document.
2. Purpose /Scope of Service. The Council is engaging the Provider for the purpose of participating in
trauma informed sexual assault response training and policy review to more effectively respond to
sexual assault victims and enhance investigative techniques that will increase perpetrator accountability.
4. Authorities for Service Provision and Administration.
The authority for this subcontract is the STOP Violence Against Women Formula Grant Program
authorized by the Violence Against Women Act, Title IV of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law No. 103 -322), and reauthorized and amended by Public Law No.
106 -386 and Public Law No. 109 -162, as well as the Council's contract with the Florida Department of
Health to administer STOP grant funding.
B. Manner of Service Provision.
1. Service Tasks.
a. Task List.
1) Services.
a) The Provider shall participate in trauma informed sexual assault response training. Sign -in
sheets are required for all trainings. A minimum of 80% of employees in the following
professional groups shall participate in trainings during the contract period. 70% of trainees
shall receive a passing score on the final evaluation. Length of training by professional group
is as follows:
i) Dispatchers: 4 hours classroom training
ii) Patrol officers /deputies: 8 hours classroom training
iii) Sex crimes detectives /investigators: 14 -16 hours classroom training
iv) Command and supervisory staff (relevant to the above professional groups): 4 hours
classroom training
b) The Provider shall participate in interviews with Council employees and /or contracted subject
matter experts to review the agency's policies and practices related to sexual assault
response. Interviews and policy and practice reviews will assist the Council in tailoring
trainings to the site and making recommendations for enhancements to the sexual assault
response.
c) The Provider shall designate employees to participate in train - the - trainer classes specific to
dispatchers, patrol officers /deputies, sex crimes detectives /investigators and command and
supervisory staff in preparation for teaching trauma informed sexual assault response
training in -house to the respective professional groups. Subsequent to the train - the - trainer
classes, designated trainers will provide training to one or more of the professional groups,
observed by Council employees or contracted subject matter experts who will verify trainers'
proficiency in conducting the trauma informed sexual assault response training. The
remaining trainings will be conducted by the Provider's designated trainers. The Provider, in
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consultation with the Council, shall determine the number of designated trainers needed to
complete the agency's training.
d) Initial trainings, train - the - trainer events and observations shall take place on a schedule
agreed upon by the Provider and the Council.
e) The Provider shall arrange for appropriate space to provide the trainings as well as
necessary training equipment (projector, screen, speakers, etc.). The Provider shall notify the
Council of the training location in advance to ensure it is suitable.
f) The Provider shall ensure trainees timely complete and submit level 1, 2 and 3 post- training
evaluations to the Council as follows. Level 1 (learner reaction) and Level 2 (post -test)
evaluations will be deployed immediately after the training and must be completed by
attendees within 14 days of training attendance. All Level 3 (learning transfer) evaluations
will be deployed 90 days after training attendance and must be completed within 120 days of
training attendance. FCASV ILIAS learning management system will be used to deploy all
evaluations electronically to attendees.
g)
The Provider shall document and report to the Council quarterly the number of victims
reporting sex crimes to the Provider and the number of those reports that are investigated as
well as the number and percentage of cases that are exceptionally cleared, inactivated,
unfounded, result in arrest and are forwarded to the state attorney's office.
h) The provider shall document and report to the Council the number of dispatchers, patrol
officers /deputies, detectives /investigators and command and supervisory staff trained
quarterly for the duration of the subcontract period (July 1, 2016 -June 30, 2017).
b. Task/Service Limits.
1) All tasks shall be provided within the State of Florida.
2) The Provider is authorized to perform only the tasks set out herein or in any amendment hereto.
c. The Provider shall remain operational and provide reports for the entire subcontract period, even if
the deliverables have been met before the subcontract ending date.
2. Performance Measures. The Provider shall ensure that 90% of trainees shall complete and submit
post- training surveys and evaluations to the Council.
a. The Provider shall evaluate performance by dividing the number of individuals completing and
submitting post- training surveys and evaluations by the number of individuals participating in
trainings.
3. Staffing Requirements.
a. Staffing Levels. The Provider shall maintain an adequate administrative organizational structure and
support staff sufficient to discharge its contractual responsibilities. Provider shall designate a project
manager, identified in Section III.D.4. of the Standard Subcontract, who is responsible for
subcontract compliance and who will be the primary point of contact for the Council on progress and
all work products.
1) The Provider shall require all staff funded under this subcontract to maintain timesheets signed
by their supervisor to account for their time.
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2) The Provider shall notify the Council contract manager within five (5) working days of hiring
and /or terminating staff funded under this subcontract. For new hires, notification shall include a
resume and job description.
3) If any information on the Provider Information Form changes, the Provider shall submit a revised
form within five (5) working days of the change. This includes the project manager /primary point
of contact or secondary point of contact.
4) The Provider shall notify the Council one week prior to a change of address and submit a revised
Provider Information Form within five (5) working days of the change.
b. Professional Qualifications. The Provider will be responsible for the staff affiliated with this
subcontract, ensuring that they have the education, any professional licensure or certification which
may be required by law, and experience necessary to successfully carry out their duties.
c. Subcontractors. The Provider may, only with prior written approval of the Council, enter into written
subcontracts for performance under this subcontract. No subcontract agreement that the Provider
enters into with respect to performance under this subcontract shall in any way relieve the Provider
of any responsibility for performance of its subcontract responsibilities with the Council. Any
subcontract issued by the Provider must align with subcontract requirements identified herein.
3. Service Location and Equipment.
a. Service Delivery Location. The Provider shall provide services from its established Florida -based
office or other off -site location approved by the Council.
b. Service Times. The Provider's office will be staffed at a minimum from 9:00 a.m. to 5:00 p.m. ET,
Monday through Friday, excluding state - sanctioned holidays.
c. Contact Information. The Provider shall submit a Provider Information form to the Council contract
manager with signature pages for execution of this subcontract. Contact information changes must
be documented on a revised Provider Information form and submitted to the Council contract
manager within five (5) working days of occurrence. Staff contacts identified by the Provider on the
Provider Information form shall be accessible via e-mail throughout the subcontract period and
respond timely to Council contract manager communications.
4. Deliverables.
a. Deliverables. See Attachment I, Section B.1.a.
b. Reports. The mere receipt of reports by the Council shall not be construed to mean or imply
approval. The Council reserves the right to reject reports as incomplete, inadequate, or
unacceptable. The Council, at its option, may allow additional time within which the Provider may
remedy the objections noted or, after having given the Provider a reasonable opportunity to cure and
the Provider fails to cure, the Council may terminate the subcontract in the absence of extenuating
or mitigating circumstances. Payment may be withheld by the Council until required reports have
been submitted. See Attachment I, Section D. for additional submission requirements. Deliverable
deadlines may be extended upon written request of and approval by the Council contract manager.
Reports shall be uploaded to the DocumenTree document management system. The Provider shall
timely submit the following reports to the Council:
1) Expenditure Report. The Provider shall submit a completed Expenditure Report form,
incorporated herein by reference, to the Council contract manager. The report shall verify that
funds were spent in accordance with allowable costs that appear in the pre- approved line item
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budget. Each report shall identify the award expenditures and the total match expended for the
period indicated. Reports are due as follows: January 15, 2017 (for the period 7/1/16 - 12/31/16),
April 15, 2017 (for the period 1/1/17- 3/31/17) and July 15, 2017 (for the period 4/1/17- 6/30/17).
2) Excellence in Sexual Assault Response (ESAR) Progress Report. The Provider shall complete
the quarterly electronic ESAR Progress Report form, incorporated herein by reference, by the
10th of the month following the quarter in which services were provided, to document
achievement of service tasks identified in Section B.1.a. of this subcontract.
4) Annual Financial Report. The Provider shall submit a completed Annual Financial Report form,
incorporated herein by reference, to the Council contract manager by July 15th. The report shall
identify total expenditures, specific to this and only this subcontract, for the preceding state fiscal
year. Any remaining funds must be remitted to the "Florida Council Against Sexual Violence" with
this report. The Provider shall contact the Council contract manager prior to submission of
returned funds.
5) Other Reports. The Provider shall furnish such other reports and information that the Council
may require within the time requested.
c. Records and Documentation.
1) The Provider agrees to maintain the confidentiality of all records required by law or
administrative rule to be protected from disclosure. The Provider further agrees to hold the
Council harmless from any claim or damage including reasonable attorney's fees and costs or
from any fine or penalty imposed as a result of an improper disclosure by the Provider of
confidential records, whether public record or not, and promises to defend the Council against
the same at its expense.
2) The Provider shall, at its own cost, provide notice to affected parties no later than 45 days
following the determination of any potential breach of personal or confidential data in accordance
with s. 817.5681, F.S. The Provider shall require the same notification requirements of all
subcontractors. The Provider shall also, at its own cost, implement measures deemed
appropriate by the Council to avoid or mitigate potential injury to any person due to a breach or
potential breach of personal and confidential data.
3) The Provider shall maintain all records required to be maintained pursuant to the subcontract in
such manner as to be accessible by the Council upon demand. Where permitted under
applicable law, access by the public shall be permitted without delay.
5. Performance Specifications.
a. Monitoring and Evaluation Methodology.
1) By execution of this subcontract the Provider hereby acknowledges and agrees that its
performance under the subcontract shall meet the standards and be bound by the conditions set
forth herein. If the Provider fails to meet these standards, the Council, at its exclusive option,
may allow up to six (6) months for the Provider to remedy deficiencies identified by the Council
or its agent. If the Council affords the Provider an opportunity to achieve compliance, and the
Provider fails to achieve compliance within the specified time frame, the Council will terminate
the subcontract in the absence of any extenuating or mitigating circumstances. The
determination of extenuating or mitigating circumstances is the exclusive right of the Council.
2) The Provider shall comply with the requirements of the Council's Standard Subcontract, Section
I.E., with reference to monitoring by the Council. The Provider agrees to fully cooperate with the
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Council in the conduct of both performance and financial audits. The Provider will be evaluated
through on -site monitoring visits and desk reviews of reports and invoices. This component is
intended to be in addition to other audit requirements found in other documents incorporated by
reference in this subcontract and is not to be construed as a limitation upon them. The Provider
agrees to include these audit and record keeping requirements in all approved subcontracts and
assignments that result from this subcontract.
6. Provider Responsibilities.
a. Provider Unique Activities. The Provider is solely and uniquely responsible for the satisfactory
performance of the tasks described in Attachment I, Section B.1.a. By execution of this subcontract,
the Provider recognizes its singular responsibility for the tasks, activities, and deliverables described
herein and warrants that it has fully informed itself of all relevant factors affecting accomplishment of
the tasks, activities, and deliverables and agrees to be fully accountable for the performance thereof.
b. Legal Actions. The Provider shall notify the Council of any legal actions or civil rights complaints filed
against them related to the services provided through this subcontract or that may impact the
Provider's ability to deliver the contractual services, or adversely impact the Council. The Council's
contract manager will be notified within ten (10) calendar days of the Provider becoming aware of
such actions or complaints or from the day of the legal filing, whichever comes first.
c. The Provider shall ensure that any staff travel expenses incurred beyond the local community and
funded under this subcontract will be identified on a completed State of Florida Voucher for
Reimbursement of Travel Expenses, incorporated herein by reference and maintained by the
Provider. Local mileage must be maintained on either a mileage log or the state voucher form to
document per trip the destination (i.e., the person /organization if not a victim), number of miles
traveled, the purpose of travel, and date of travel along with the name of the person to be
reimbursed.
7. Council Responsibilities.
a. Council Obligations. The Council will provide technical support and assistance to the Provider to
increase its capacity to offer victims /survivors of sexual assault the highest quality of services.
b. Council Determinations. The Council has final authority in monitoring, reporting and payment
disputes.
C. Method of Payment.
1. Payment Clause.
a. The award amount for the period of July 1, 2016 to June 30, 2017 is $4,985.00. A match in the
amount of $1.661.00 is required for this subcontract.
b. The Council shall pay the Provider for the delivery of service provided in accordance with the terms
of this subcontract, subject to the availability of funds.
c. The Provider shall request a one -time payment through the submission of a properly completed
invoice (Attachment II). The invoice shall be due no sooner than November 15, 2016.
d. The Provider agrees to refund to the Council any payments made by the Council which are
subsequently disallowed or unused, pursuant to the terms of this subcontract. Such refunds shall be
due within thirty (30) days following the end of the subcontract period or from the time an
overpayment is discovered, whichever is earlier.
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e. Financial Consequences.
1) Reports not received by the due date shall result in a two percent (2 %) reduction of the award
amount for every late day thereafter; unless the penalty is waived or reduced at the discretion of
the Council. Reports must be complete to be considered received.
2) Failure to notify the Council contract manager in writing within five (5) working days of any of the
following shall result in a two percent (2 %) reduction of the award amount; unless the penalty is
waived or reduced at the discretion of the Council. Notification shall include submission of a
revised Provider Information form, as appropriate.
a) subcontract - funded staff hired and /or terminated
b) changes to any information on the Provider Information form (to include replacement of the
Provider's primary, or secondary point of contact for this subcontract)
3) Execution of future subcontracts and /or amendments may be withheld pending receipt of late
penalties, deliverables and requested information (to include monitoring report corrective
actions).
4) Failure to train 80% of each professional group shall result in a 10% penalty of the award
amount; unless the penalty is waived or reduced at the discretion of the Council.
D. Submission Schedule.
1. If the due date for a report, invoice or other item falls on a weekend or holiday, it shall be due on the last
business day previous to the due date. The due date is the date that the report must be received by the
Council.
2. All reports, the invoice, or other items identified herein shall be uploaded to the Provider's section of the
DocumenTree online document management system, unless otherwise stipulated by the Council
contract manager.
E. Special Provisions
1. Cost proposals.
a. All anticipated expenditures shall appear in the Provider's submitted cost proposal (budget), using
the form and format prescribed by the Council. No costs may be incurred without prior approval of
budget line items by the Council contract manager. The cost proposal may be revised twice during
each state fiscal year. Possible changes should be sent to the contract manager in advance of a
formal budget revision to determine if costs are allowable and a budget revision is necessary. It is
incumbent upon the Provider to submit considered changes as soon as possible to allow sufficient
time to review the request. Expenditures should be tracked throughout the year to ensure all funds
will be expended timely. The cost proposal must include a budget narrative to describe and justify
how each line item is related to program activities. The cost proposal will not be approved without a
detailed budget narrative with sufficient explanation. Cost proposal date restrictions apply as follows:
b. Prior approval shall be obtained from the Council contract manager for any travel and /or training not
specifically identified and approved in the current cost proposal. If line items include travel to a
conference or training, an agenda is also required to be submitted for prior approval.
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c. Cash and in -kind match must comply with Department of Justice VAWA/STOP regulations. Cash or
in -kind resources used as match for STOP funds must be directly related to the project goals and
objectives for which the STOP funds are utilized. Sources of match for STOP funds are restricted to
the same uses allowed under the STOP Program and must be documented in the same manner as
STOP funds, including financial and programmatic reports.
1) If the Provider fails to meet the match requirements, the Provider shall remit a payment to the
Council for the amount of the unmatched federal dollars within fifteen (15) calendar days of the
end of the state fiscal year.
2. Staff identified by the Provider as program and fiscal /administrative contacts shall be accessible via
telephone and e-mail throughout the subcontract period and respond timely as requested by the
Council.
3. Publication Requirement. The Provider shall submit for review one copy of all proposed publications
resulting from this subcontract prior to printing. The Provider shall submit for review one copy of all
proposed media or program advertisements at least forty -five (45) days prior to public release. Any
publications, media or program advertisements shall contain the following statement:
"All materials and publications (written, visual, or sound) resulting from subgrant award activities shall
contain the following statements: "This project was supported by subgrant No. 2014 -WF -AX -0007
awarded by the state administering office for the STOP Formula Grant Program. The opinions, findings,
conclusions, and recommendations expressed in this publication /program /exhibition are those of the
author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence
Against Women."
4. If an audit is performed, although not required by Attachment III, herein, a copy of the report, along with
any management letters, attestations or other information issued by the auditor, shall be submitted to
the Council contract manager within forty -five (45) days after delivery of the audit report, but no later
than six months after the Provider's fiscal year end. The Provider shall notify the Council contract
manager of the date the audit was approved by its Board of Directors.
5. This subcontract shall be terminated within sixty (60) days of the Council being advised that the Provider
has had a contract or funding terminated by any state or federal agency for cause.
6. Whistleblower's Act. In accordance with subsection 112.3187(2), F.S., the Provider and any approved
subcontractors shall not retaliate against an employee for reporting violations of law, rule, or regulation
that creates substantial and specific danger to the public's health, safety, or welfare to an appropriate
agency. Furthermore, agencies or independent contractors shall not retaliate against any person who
discloses information to an appropriate agency alleging improper use of governmental office, gross
waste of funds, or any other abuse or gross neglect of duty on the part of an agency, public officer, or
employee. The Provider and any subcontractor shall inform its employees that they and other persons
may file a complaint with the Office of Chief Inspector General, the Florida Commission on Human
Relations or the Whistle- blower's Hotline number at 1- 800 -543 -5353.
F. Federal Special Conditions
1. The Provider agrees to comply with the financial and administrative requirements set forth in the current
edition of the Office on Violence Against Women (OVW) Financial Grants Management Guide.
2. The Provider acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan to
the Council (if required to submit one pursuant to 28 C.F.R. Section 42.320), is a violation of this
contract and may result in suspension or termination of funding, until such time as the Provider is in
compliance.
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3. The Provider agrees to comply with the organizational audit requirements of OMB Circular A -133, Audit
of States, Local Governments, and Non - Profit Organizations, and further understands and agrees that
funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if
any) from OMB Circular A -133 audits (and any other audits of DOJ grant funds) are not satisfactory and
promptly addressed as further described in the current edition of the OVW Financial Grants
Management Guide.
4. The Provider 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 OVW, in order to avoid violation of 18 USC §
1913. The Provider may, however, use federal funds to collaborate with and provide information to
Federal, State, local, tribal and territorial public officials and agencies to develop and implement policies
to reduce or eliminate domestic violence, dating violence, sexual assault, and stalking (as those terms
are defined in 42 USC 13925(a)) when such collaboration and provision of information is consistent with
the activities otherwise authorized under this grant program.
5. The Provider must promptly refer to the Department of Justice, Office of Inspector General (DOJ OIG)
any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other
person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed
a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct involving grant funds. Potential fraud, waste, abuse, or misconduct should be reported to
the OIG by —
mail:
Office of the Inspector General
U.S. Department of Justice Investigations Division
950 Pennsylvania Avenue N.W.
Room 4706
Washington, DC 20530
e -mail: oig.hotline @usdoj.gov
hotline: (contact information in English and Spanish): (800) 869 -4499 or hotline fax: (202) 616 -9881
Additional information is available from the DOJ OIG website at www.usdoj.gov /oiq.
6. The Provider 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 OVW.
7. The Provider agrees to comply with applicable requirements regarding registration with the System for
Award Management (SAM) (or with a successor government -wide system officially designated by OMB
and OVW). The details of recipient obligations are posted on the Office on Violence Against Women
web site at http : / /www.ovw.usdoi.gov /docs /sam- award- term.pdf (Award condition: Registration with the
System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by
reference here.
8. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving,"
74 Fed. Reg. 51225 (October 1, 2009), the Council encourages subgrantees to adopt and enforce
policies banning employees from text messaging while driving any vehicle during the course of
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performing work funded by this grant, and to establish workplace safety policies and conduct education,
awareness, and other outreach to decrease crashes caused by distracted drivers.
9. The Provider understands and agrees that any training materials developed or delivered with funding
provided under this award must adhere to the OVW training Guiding Principles for Grantees and
Subgrantees, available at http:// www .ovw.usdoi.gov /grantees.html.
10. The Provider understands and agrees that — (a) No award funds may be used to maintain or establish a
computer network unless such network blocks the viewing, downloading, and exchanging of
pornography, and (b) Nothing in subsection (a) limits the use of funds necessary for any Federal, State,
tribal, or local law enforcement agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
11. The Violence Against Women Reauthorization Act of 2013 added a new civil rights provision that applies
to all OVW grants issued in FY2014 or after. This provision prohibits OVW grantees from excluding,
denying benefits to, or discriminating against any person on the basis of actual or perceived race, color,
religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity
funded in whole or in part by OVW. The Provider acknowledges that it will comply with this provision.
12. The Provider shall participate in the civil rights training, available online at https://ta2ta.org/ta- updates /48 -ovw-
webinars.html. Within 5 business days of completion the Provider shall submit an affidavit to its Council contract
manager attesting to the achievement of that requirement.
13. The Provider agrees that funds will be used to supplement, not supplant, non - federal funds that would
otherwise be available for the activities under this grant.
14. The Provider 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 (which is defined to include meetings, retreats,
seminars, symposiums, 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 http : / /www.usdoj.gov /grantees.html.
15. The Provider agrees to comply with all relevant statutory and regulatory requirements which may
include, among other relevant authorities, the Violence Against Women Act of 1994, P.L. 103 -322, the
Violence Against Women Act of 2000, P.L. 106 -386, the Omnibus Crime Control and Safe Streets Act of
1968, 42 U.S.0 3711 et seq., the Violence Against Women and Department of Justice Reauthorization
Act of 2005, P.L. 109 -162, the Violence Against Women Reauthorization Act of 2013, P.L. 113-4, and
OVW s implementing regulations at 28 CFR Part 90.
16. The Provider understands and agrees that misuse of award funds may result in a range of penalties,
including suspension of current and future funds, suspension or debarment from federal grants,
recoupment of monies provided under an award, and civil and /or criminal penalties.
17. The Provider agrees to comply with provisions of 42 U.S.C. 13925(b)(2), nondisclosure of confidential or
private information, which includes creating and maintaining documentation of compliance, such as
policies and procedures for release of victim information. The Provider also agrees to ensure that any
subcontractors meet these requirements.
18. Under the Government Performance and Results Act (GPRA), VAWA 2000 and subsequent legislation,
grantees and subgrantees are required to collect and maintain data that measure the effectiveness of
their grant- funded activities.
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19. The Provider agrees to comply with the applicable requirements of 28 C.F.R. Part 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
may not be used to fund any inherently religious activities, such as worship, religious instruction, or
proselytization. The Provider may still engage in inherently religious 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 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.
20. The Provider agrees that grant funds will not support activities that compromise victim safety and
recovery, such as: procedures or policies that exclude victims from receiving safe shelter, advocacy
services, counseling, and other assistance based on their actual or perceived sex, age, immigration
status, race, religion, sexual orientation, gender identity, mental health condition, physical health
condition, criminal record, work in the sex industry, or the age and /or sex of their children; pre -trial
diversion programs not approved by OVW or the placement of offenders in such programs; mediation,
couples counseling, family counseling or any other manner of joint victim - offender counseling;
mandatory counseling for victims, penalizing victims who refuse to testify, or promoting procedures that
would require victims to seek legal sanctions against their abusers (e.g., seek a protection order, file
formal complaint); the placement of perpetrators in anger management programs; or any other activities
outlined in the solicitation under which the approved application was submitted.
21. Pursuant to 28 CFR §66.34, the Office on Violence Against Women reserves a royalty -free,
nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to
use, in whole or in part (including in the creation of derivative works), for Federal Government purposes:
(a) Any work that is subject to copyright and was developed under this award, subaward, contract or
subcontract pursuant to this award; and
(b) Any work that is subject to copyright for which ownership was purchased by a recipient, subrecipient
or a contractor with support under this award.
In addition, the recipient (or subrecipient, contractor or subcontractor) must obtain advance written
approval from the Office on Violence Against Women program manager assigned to this award, and
must comply with all conditions specified by the program manager in connection with that approval
before: 1) using award funds to purchase ownership of, or license to use, a copyrighted work; or 2)
incorporating any copyrighted work, or portion thereof, into a new work developed under this award.
It is the responsibility of the recipient (and of each subrecipient, contractor or subcontractor as
applicable) to ensure that this condition is included in any subaward, contract or subcontract under
this award.
21. The Provider agrees that grant funds will not be used to support the purchase of standard issues law
enforcement items, such as, uniforms, safety vests, shields, weapons, bullets, and armory or to support
chemical dependency or alcohol abuse programs that are not an integral part of a court- mandated
batterer intervention program.
22. The Provider will provide an Equal Employment Opportunity Plan (EEOP) to the OCR, Office of Justice
Programs and the Council, if required to maintain one; otherwise, it will provide a certification to the
OCR, Office of Justice Programs and the Council that it has a current EEOP on file, if required to
maintain one. An EEOP is not required if the grantee agency is receiving less than $25,000; the grantee
agency is a non - profit organization; or the grantee agency has less than 50 employees, regardless of
the amount of the award. For more information visit http: / /www.ojp.usdoi.gov /ocr /.
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23. The Department of Justice and its providers of client services must operate programs so that each
program, when viewed in its entirety, is readily accessible to persons with disabilities. The department
and its providers may comply with this requirement through such means as redesigning equipment,
reassigning aides to beneficiaries, delivering services at alternate accessible sites or through home visit,
altering existing facilities, constructing new facilities, making all programs and services accessible by
telecommunication devices for the deaf, providing interpreters for the deaf, supplying Braille or taped
materials for persons with impaired vision or other similar means. A Single- Point -of- Contact shall be
designated to ensure effective communication with deaf or hard -of- hearing customers /clients.
24. In accordance with DOH guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. §
2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful
access to their programs and activities for persons with limited English proficiency (LEP). An LEP policy
or plan outlining steps to ensure meaningful access must be immediately available for inspection by the
Council, the FL Dept. of Health and /or the U.S. Department of Justice. For more information on the civil
rights responsibilities that recipients have in providing language services to LEP individuals, please see
the website at htto: / /www.leo.gov.
25. The Provider shall be knowledgeable of and fully comply with all applicable Federal and state laws, rules
and regulations governing services provided under this subcontract. The Provider shall maintain sound
financial policies in order to meet its stewardship obligations in accordance with the provisions of
federal, state and local laws and regulations and Generally Accepted Accounting Principles. These
principles are mandated by the American Standards Board, American Institute of Certified Public
Accountants, Federal Regulations of the Office of Management (OMB) Circulars, A -87 (2 CFR, Part
225), A -102, A -110 (2 CFR, Part 215), A -122 (2 CFR, Part 230), A -133, along with the statutes of the
State of Florida.
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ATTACHMENT II
PROVIDER:
City of Clearwater Police Department
SUBCONTRACT NUMBER:
16ST068
ADDRESS:
645 Pierce Street
Clearwater, FL 33756 -5495
TELEPHONE NUMBER:
727 -562 -4190
SERVICE PERIOD:
JULY 1, 2016 — JUNE 30, 2017
AMOUNT:
$4,985.00
UMMARY OF PAYMENTS
SUMMARY
(FOR FCASV USE ONL19
PENALTIES
$
SFY 2016 -2017 ALLOCATION: $ 4985.00
DESCRIPTION:
-
AMOUNT OF THIS INVOICE: $
_
BALANCE: $
$
$
ACTUAL AWARD EXPENDITURES TO DATE: $
$
ACTUAL MATCH EXPENDITURES TO DATE: $
TOTAL:
PAYMENT APPROVAL
$
TOTAL EXPENDITURES TO DATE: $
(REPORTED EXPENDITURES SHOULD EQUAL QUARTERLY EXPENDITURE REPORT FOR THE PERIOD)
ALL PROJECT FUNDS MUST BE ENCUMBERED BY JUNE 30TH
I CERTIFY THAT THE ABOVE REPORT IS A TRUE AND CORRECT REFLECTION
OF THIS PERIOD'S ACTIVITIES, AS STIPULATED BY THIS SUBCONTRACT.
TOTAL APPROVED FOR PAYMENT BY FCASV: $
SIGNATURE OF PROVIDER AGENCY OFFICIAL DATE
SIGNATURE
DATE
TITLE PHONE #
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ATTACHMENT III
FINANCIAL AND COMPLIANCE AUDIT
The administration of resources awarded by the Department of Health to the provider may be subject to audits and /or
monitoring by the Department of Health, as described in this section.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part §200.500,formerly OMB A -133 and Section
215.97, F.S., monitoring procedures may include, but not be limited to, on -site visits by Department of Health staff,
limited scope audits, and /or other procedures. By entering into this agreement, the provider agrees to comply and
cooperate with any monitoring procedures /processes deemed appropriate by the Department of Health. In the event
the Department of Health determines that a limited scope audit of the provider is appropriate, the provider agrees to
comply with any additional instructions provided by the Department of Health to the provider regarding such audit.
The provider further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed
necessary by the Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the provider is a State or local government or a non - profit organization as defined in 2 CFR
Part §200.500.
1. In the event that the provider expends $750,000 or more in Federal awards during its fiscal year, the provider
must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part
§200.501. EXHIBIT 1 to this agreement indicates Federal resources awarded through the Department of
Health by this agreement. In determining the Federal awards expended in its fiscal year, the provider shall
consider all sources of Federal awards, including Federal resources received from the Department of Health.
The determination of amounts of Federal awards expended should be in accordance with the guidelines
established by 2 CFR Part §200.502- §503. An audit of the provider conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.500 will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part 1, paragraph 1, the provider shall fulfill the
requirements relative to auditee responsibilities as provided in 2 CFR Part §200.508 - §200.512.
3. If the provider expends less than $750,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of 2 CFR Part §200.501(d) is not required. In the event that the provider
expends less than $750,000 in Federal awards in its fiscal year and elects to have an audit conducted in
accordance with the provisions of 2 CFR Part §200.506, the cost of the audit must be paid from non - Federal
resources (i.e., the cost of such audit must be paid from provider resources obtained from other than Federal
entities.)
4. An audit conducted in accordance with this part shall cover the entire organization for the organization's
fiscal year. Compliance findings related to agreements with the Department of Health shall be based on the
agreement's requirements, including any rules, regulations, or statutes referenced in the agreement. The
financial statements shall disclose whether or not the matching requirement was met for each applicable
agreement. All questioned costs and liabilities due to the Department of Health shall be fully disclosed in the
audit report with reference to the Department of Health agreement involved. If not otherwise disclosed as
required by 2 CFR Part §200.510, the schedule of expenditures of Federal awards shall identify expenditures
by funding source and contract number for each agreement with the Department of Health in effect during
the audit period. Financial reporting packages required under this part must be submitted within the earlier
of 30 days after receipt of the audit report or 9 months after the end of the provider's fiscal year end.
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PART II: STATE FUNDED
This part is applicable if the provider is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
1. In the event that the provider expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year of such provider (for fiscal years ending September 30, 2004 or thereafter), the
provider must have a State single or project- specific audit for such fiscal year in accordance with Section
215.97, Florida Statutes; applicable rules of the Department of Financial Services; Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for - profit organizations), and Rules of the Auditor General.
EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of Health
by this agreement. In determining the state financial assistance expended in its fiscal year, the provider shall
consider all sources of state financial assistance, including state financial assistance received from the
Department of Health, other state agencies, and other nonstate entities. State financial assistance does not
include Federal direct or pass- through awards and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part 11, paragraph 1, the provider shall ensure that
the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of
a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapter 10.550 (local
governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General.
3. If the provider expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years
ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section
215.97, Florida Statutes, is not required. In the event that the provider expends less than $500,000 in state
financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions
of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources
(i.e., the cost of such an audit must be paid from the provider resources obtained from other than State
entities).
4. An audit conducted in accordance with this part shall cover the entire organization for the organization's
fiscal year. Compliance findings related to agreements with the Department of Health shall be based on the
agreement's requirements, including any applicable rules, regulations, or statutes. The financial statements
shall disclose whether or not the matching requirement was met for each applicable agreement. All
questioned costs and liabilities due to the Department of Health shall be fully disclosed in the audit report
with reference to the Department of Health agreement involved. If not otherwise disclosed as required by
Rule 691- 5.003, Fla. Admin. Code, the schedule of expenditures of state financial assistance shall identify
expenditures by agreement number for each agreement with the Department of Health in effect during the
audit period. Financial reporting packages required under this part must be submitted within 45 days after
delivery of the audit report, but no later than 9 months after the provider's fiscal year end for local
governmental entities. Non - profit or for - profit organizations are required to be submitted within 45 days after
delivery of the audit report, but no later than 9 months after the provider's fiscal year end. Notwithstanding
the applicability of this portion, the Department of Health retains all right and obligation to monitor and
oversee the performance of this agreement as outlined throughout this document and pursuant to law.
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PART III: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part §200.512 will be
submitted by or on behalf of the provider directly to each of the following:
A. The Department of Health as follows:
SingleAudits(a).flhealth.gov
Audits must be submitted in accordance with the instructions set forth in Exhibit 3 hereto,
and accompanied by the "Single Audit Data Collection Form." Files which exceed 8 MB may
be submitted on a CD or other electronic storage medium and mailed to: Bureau of Finance
& Accounting, Attention: Single Audit Review, 4052 Bald Cypress Way, Bin B01 (HAFA),
Tallahassee, FL 32399 -1729.
B. The Federal Audit Clearinghouse designated in 2 CFR Part §200.36 should submit a copy to the Federal
Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass- through entities in accordance with 2 CFR Part §200.331.
2. Pursuant to 2 CFR Part 200.521 the provider shall submit a copy of the reporting package and any
management letter issued by the auditor, to the Department of Health as follows:
SingleAudits(a.flhealth.gov
Audits must be submitted in accordance with the instructions set forth in Exhibit 3 hereto,
and accompanied by the "Single Audit Data Collection Form." Files which exceed 8 MB may
be submitted on a CD or other electronic storage medium and mailed to: Bureau of Finance
& Accounting, Attention: Single Audit Review, 4052 Bald Cypress Way, Bin B01 (HAFA),
Tallahassee, FL 32399 -1729.
3. Additionally, copies of financial reporting packages required by Part II of this agreement shall be submitted
by or on behalf of the provider directly to each of the following:
A. The Department of Health as follows:
SingleAuditsna flhealth.gov
Audits must be submitted in accordance with the instructions set forth in Exhibit 3 hereto,
and accompanied by the "Single Audit Data Collection Form." Files which exceed 8 MB may
be submitted on a CD or other electronic storage medium and mailed to: Bureau of Finance
& Accounting, Attention: Single Audit Review, 4052 Bald Cypress Way, Bin B01 (HAFA),
Tallahassee, FL 32399 -1729.
B. The Auditor General's Office at the following address:
Auditor General's Office
Claude Pepper Building, Room 401
111 West Madison Street
Tallahassee, Florida 32399 -1450
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4. Any reports, management letter, or other information required to be submitted to the Department of Health
pursuant to this agreement shall be submitted timely in accordance with 2 CFR Part §200.512, Florida
Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations),
Rules of the Auditor General, as applicable.
5. Providers, when submitting financial reporting packages to the Department of Health for audits done in
accordance with 2 CFR Part §500.512 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting
package was delivered to the provider in correspondence accompanying the reporting package.
PART IV: RECORD RETENTION
The provider shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period
of six years from the date the audit report is issued, and shall allow the Department of Health or its designee, the
CFO or Auditor General access to such records upon request. The provider shall ensure that audit working papers
are made available to the Department of Health, or its designee, CFO, or Auditor General upon request for a period
of six years from the date the audit report is issued, unless extended in writing by the Department of Health.
End of Text
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Contract #:
EXHIBIT 1
1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF
THE FOLLOWING:
Federal Program 1 Violence Against Women Formula Grants CFDA #16.588Title: STOP Violence Against Women $4.985.00
Federal Program 2 N/A CFDA# Title $
TOTAL FEDERAL AWARDS $4,985.00
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS
AGREEMENT ARE AS FOLLOWS:
The STOP Program supports communities in their efforts to develop and strengthen effective law enforcement and
prosecution strategies to combat violent crimes against women and to develop and strengthen victim services in cases
involving violent crimes against women.
2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE
FOLLOWING: None
State financial assistance subject to Sec. 215.97, F.S.: CSFA#
TOTAL STATE FINANCIAL ASSISTANCE AWARDED PURSUANT TO SECTION 215.97, F.S.
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT
ARE AS FOLLOWS:
Financial assistance not subject to Sec. 215.97, F.S. or 2 CFR Part §200.40: $
Matching and Maintenance of Effort *
Matching resources for federal program(s):
Program: N/A CFDA# Title $
Maintenance of Effort (MOE):
Program: N/A CFDA# Title $
*Matching Resources, MOE, and Financial Assistance not subject to Sec. 215.97, F.S. or 2 CFR Part §200.306 amounts should
not be included by the provider when computing the threshold for single audit requirements totals. However, these amounts
could be included under notes in the financial audit or footnoted in the Schedule of Expenditures of Federal Awards and State
Financial Assistance (SEFA). Matching, MOE, and Financial Assistance not subject to Sec. 215.97, F.S. or 2 CFR Part §200.306
is not considered State /Federal Assistance.
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EXHIBIT 2
PART 1: AUDIT RELATIONSHIP DETERMINATION
Providers who receive state or federal resources may or may not be subject to the audit requirements of 2 CFR Part §200.500,
and /or Section 215.97, Fla. Stat. Providers who are determined to be recipients or subrecipients of federal awards and /or state
financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part 1 and /or Part 11 of
Exhibit 1 is met. Providers who have been determined to be vendors are not subject to the audit requirements of 2 CFR Part
§200.38, and /or Section 215.97, Fla. Stat. Regardless of whether the audit requirements are met, providers who have been
determined to be recipients or subrecipients of Federal awards and /or state financial assistance must comply with applicable
programmatic and fiscal compliance requirements.
In accordance with 2 CFR Part §200 and /or Rule 691- 5.006, FAC, provider has been determined to be:
Vendor not subject to 2 CFR Part §200.38 and/or Section 215.97, F.S.
X Recipient/subrecipient subject to 2 CFR Part §200.86 and §200.93 and/or Section 215.97, F.S.
Exempt organization not subject to 2 CFR Part §200 and/or Section 215.97, F.S. For Federal awards, for - profit
organizations are exempt; for state financial assistance projects, public universities, community colleges, district school
boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations must comply with
all compliance requirements set forth within the contract or award document.
NOTE: If a provider is determined to be a recipient/subrecipient of federal and or state financial assistance and has been
approved by the department to subcontract, they must comply with Section 215.97(7), F.S., and Rule 69I- .5006, FAC [state
financial assistance] and 2 CFR Part §200.330[federal awards].
PART 11: FISCAL COMPLIANCE REQUIREMENTS
FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Providers who receive Federal awards, state
maintenance of effort funds, or state matching funds on Federal awards and who are determined to be a subrecipient must comply
with the following fiscal laws, rules and regulations:
STATES, LOCAL GOVERNMENTS AND INDIAN TRIBES MUST FOLLOW:
2 CFR Part §200.416 — Cost Principles*
2 CFR Part §200.201 — Administrative Requirements **
2 CFR Part §200.500 — Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
NON - PROFIT ORGANIZATIONS MUST FOLLOW:
2 CFR Part §200.400 -.411 — Cost Principles*
2 CFR Part §200.100 — Administrative Requirements
2 CFR Part §200.500 — Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
EDUCATIONAL INSTITUTIONS (EVEN IF A PART OF A STATE OR LOCAL GOVERNMENT) MUST FOLLOW:
2 CFR Part §200.418 — Cost Principles*
2 CFR Part §200.100 — Administrative Requirements
2 CFR Part §200.500 — Audit Requirements
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
*Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the 2 CFR
Part §200.400(5) (c).
* *For funding passed through U.S. Health and Human Services, 45 CFR 92; for funding passed through U.S. Department
of Education, 34 CFR 80.
STATE FINANCIAL ASSISTANCE. Providers who receive state financial assistance and who are determined to be a
recipient/subrecipient must comply with the following fiscal laws, rules and regulations:
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Section 215.97, Fla. Stat.
Chapter 691 -5, Fla. Admin. Code
State Projects Compliance Supplement
Reference Guide for State Expenditures
Other fiscal requirements set forth in program laws, rules and regulations
Additional audit guidance or copies of the referenced fiscal laws, rules and regulations may be obtained at FCAM /Single Audit
Review section by selecting "Single Audit Review" in the drop -down box at the top of the Department's webpage. * Enumeration
of laws, rules and regulations herein is not exhaustive or exclusive. Fund recipients will be held to applicable legal requirements
whether or not outlined herein. Enumeration of laws, rules and regulations herein is not exhaustive or exclusive. Fund recipients
will be held to applicable legal requirements whether or not outlined herein.
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