The URL can be used to link to this page

Res No 063-14-14157RESOLUTION NO. 63-14-14157 A Resolution authorizing the City Manager to purchase eight (8) laptop computers for the South Miami Police Department and funded by grants. WHEREAS, the Police Department is required to maintain communications and computer equipment in order to enforce the laws of the State of Florida to provide for the public's safety. disaster relief and homeland security, thereby making our community safer, and WHEREAS, some currently owned laptops have reached the limit of their useable life, due to age, obsolescence, and dated technology, and these items are used for police dispatching, call taking, reporting, and analysis, and WHEREAS. the majority of funding for this request will come from Miami-Dade County Byrne-JAG Grant and Florida Department of Law Enforcement Byrne-JAG grant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section I: The City Manager is hereby authorized to purchase eight (8) laptop computers for the South Miami Police Department. expending $2,452 from account # 120-3409-521-5205 (Miami Dade County Byrne-JAG Grant). $5.521 from account # 120-3408-521-5205 (Florida Department of Law Enforcement Byrne-JAG Grant) and $172.36 from account #00 1-191 0-521-521 0 (Police department, Supplies). Section 2: Severability: If any section. clause. sentence. or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3: This resolution shall take effect immediately upon approval. PASSED AND APPROVED this 1 5thday of April .2014. ATTEST: APPROVED: MAYOR COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea Commissioner Welsh: Yea CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM\ South Miami bOd ;Jiir 2001 To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager DATE: April 7, 2014 SUBJECT: A Resolution authorizing the City Manager to purchase eight (8) laptop computers for the South Miami Police Department, expending $2,452 from account # 120-3409-521-5205 (Miami Dade County Byrne-JAG Grant). $5.521 from account # 120-3408-521-5205 (Florida Department of Law Enforcement Byrne-JAG Grant) and $172.36 from account #001-1910-521-5210 (Police department, Supplies). Background: The Police Department wishes to purchase eight (8) laptop computers from Dell for a total cost of $8,145.36 utilizing Miami-Dade County Byrne-JAG Grant which $2,452 was appropriated under resolution #233-13-14051 and $5,521 which was appropriated under resolution #30-14-14124. The cost of each laptop will be $1,018.17 and will be purchased from Dell, through the State of Florida Contract #250-040-08-1. Expense: Accounts: Attachments: These laptops will replace currently utilized laptops which have reached the limits of their service life. These laptop computers will be utilized in field operations for dispatching calls, report writing. and conducting criminal history checks. $8,145.36 120-3409-521-520 I ($2,452) 120-3408-521-5205 ($5,521) 001-1910-521-5210 (172.36 Resolution Resolution 233-13-1405 Resolution 30-14-14124 Dell Quote FDLE Byrne-JAG Contract MDC Byrne-JAG Contract .. RESOLUTION NO. 233-13-14051 A Resolution authorizing the City Manager to execute fiscal year 2014 grant agreement with Miami-Dade County for the Edward Byrne Memorial Justice Assistance Grant (JAG) for the purchase of three laptop computers for South Miami Police Officers in the amount of $2,452. WHEREAS, the Mayor and City Commission desire to accomplish the purpose outlined in the accompanying memorandum a copy of which is incorporated herein by reference; and WHEREAS, the City of South Miami has a grant award for the purchase of three laptop computers for Police Officers in the amount of $2,452 from Miami-Dade County from the Edward Byrne Memorial Justice Assistance Grant; and WHEREAS, the Mayor and the City Commission wish to accept the grant agreement with Miami-Dade County for the Edward Byrne Memorial Justice Assistance Grant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF TP..E CITY OF SOUTH l\l1AMI, FLORIDA TP.AT: Section 1: The City Manager is hereby authorized to execute the grant agreement with Miami-Dade County for the Edward Byrne Memorial Justice Assistance Grant for the purchase of three laptop computers for South Miami Police Officers in the amount of $2,452. The grant agreement is attached to this resolution. Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this _ 5th, day of Novemb,E9{H3. ATTEST: APPROVED: Commission Vote: 5 -0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Ne\vman: Yea Commissioner Harris: Yea Commissioner Walter: Yea RESOLUTION NO. 30-14-14124 A Resolution authorizing the City Manager to execute the fiscal year 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Agreement for the purchase of six laptop computers for South Miami Police Officers. WHEREAS, the Mayor and City Commission desire to accomplish thc purpose outlined in the accompanying copy of the subgrant application with the referenced contract number 2014- JAGD-DADE-5-E6-130 of which is incorporated herein by reference; and WHEREAS, the City of South Miami has a grant award for the purchase of six laptop computers for Police Officers in the amount of $5,521 from the Florida Department of Law Enforcement from the Edward Byrne Memorial Justice Assistance Grant; and WHEREAS, the Mayor and the City Commission wish to accept the grant agreement with the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice Assistance Grant. NOW, THEREFORE, BE IT RESOL VED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is hereby authorized to execute the grant agreement with the Florida Department of Law Enforcement, Office of Criminal Justice Grants for the Edward Byrne Memorial Justice Assistance Grant for the purchase of six laptop computers for South Miami Police Officers in the amount of $5,521. The grant agreement is attached to this resolution. Section 2. Severability. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 4th, day of __ £"l_~r~l1 __ , 2014. ;JJi!J~ MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Hanis: Commissioner Liebman: Commissioner Edmond: Commissioner Welsh: 4-0 Yea absent Yea Yea Yea Created By: South Miami Idc idc@southmiam.i.fWll2Y: Premier Pages: SOUTH MIAMI, FLORIDA Contract Code Uwn05nca Purchasing Agent: Idc South Miami Bill to Address: PAYABLE ACCOUNTS CITY OF SOUTH MIAMI 6130 SUNSET DR FINANCE DEPT/PURCHASING DIY SOUTH MIAMI, FL 33143 US 305·6636343 eQuote Contents Item Description Unit Price i~j Latitude E6540 BTX $ 1,616.14 Catalog Number: sm16540w7p002b_bs Module Description Product Code Operating System Windows 7 Professional, 64·bit, English W7PN61E Latitude E6540 Latitude E6540 E6540 Graphics Intel® HD graphics 4600 NOEXPU memory 4GB (1x4GB) 1600MHz DDR3L Memory 4G1D6 keyboard Internal English Backlit Dual Pointing Keyboard ENGDB Documentation System Documentation, English UDOCE Power Cord US Power Cord US25AE5 Hard Drive 320GB 7200rpm Hard Drive 320G72 Optical Drive 8X DYD+/·RW DYDRW Wireless Card Intel® Advanced -N 6235 802.11AGN Dual Band Wi-DW6235 Fi + BT 4.0LE Half Mini Card Mobile Broadband No Wireless Wan Card NOWW 4th gen Intel® Core' i5 -4300M Processor (2.6 processor GHz, 3M cache, Upgradable to Intel® vPro" 07Y11 technology) LED Display 15.6in HD (1366x768) Anti-Glare LED HDF Wireless Driver Intel® 6235 2X2 802.11n + Bluetooth 4.0 + WiDi DR6235 Driver Dell battery 6-cell (60Wh) Lithium Ion battery with 6C ExpressCharge"' Camera/Microphone Li.ght Sensitive Webcam and Noise Cancelling Digital Array MlC CAMMIC Shipping Material SHIP,NBK,E6540,WW,UMA,MIN-CFIG SHPMNU Non -Microsoft Application Additional Software for Windows 7 WIN? Software Quantity Subtotal $1,616.14 Sku ID [421·8067] 11 [210·AAFL] 1 [490·BBLX] 6 [370'AAIC] 3 [580'AAFH] 4 [343·BBBM] [389-21 BCNB] [537-BBBD] 20 [400-AAGH) 8 [429-AABK] 16 [555·BBDR) 19 [362·BBBB) 114 [338-BCQN) 146 [391 -BBCS) 760 [555-BBDQ) 7 [451·BBBL] 112 [325-BBBT] 379 [340·ADIM] 465 [330-6322] [421· 9982] [422-0007] [551·BBBH] [640-1003 BBDI] [640·BBEU] [640-BBHOJ [640- BBHR] [658·BBNF] Antivi rus I Security Software (Pre' No Security Software NOSS [650-AAHI] 1014 installed) Intel Label Intel Core 15 vPro Label VCOREI5 [389-BBJNj ?49 Systems Intel vPro,,·1 Technology's Advanced Management VPRO [631·AAAJ] 49 Management Features Camera Software Software for Integrated Camera SCW? [319-BBBH] 25 Adapter 65W AC Adapter, 3-pin 65WE5 [492-BBEMj 1015 Intel Rapid Start No Intel Rapid Start or Smart Connect and Smart Connect Operating System No Media Recovery Options Resource DVD No Resource DVD Dell Backup and Dell Backup and Recovery Basic for Business Client Recovery UPC Label UPC Label 884116130505,E6540 No Dell ControlVault, No Fingerprint Reader, No Security Hardware ,Smartcard Reader a No Contactless. Smartcard Reader Optical Software No Power DVD Office Productivity No Productivity Software Software CFI Included (Smart CFt Included Selection) FGA Module Salado151 H_002f fBTS Energy Efficient Energy Star Option Canada Shipping US No Canada Ship Charge Encry tion Software DDPE Personal Edition License + ProSupport for P Software 1 Year Transportation from Thank you for choosing Dell. ODM to region Warranty and 3 Year ProSupport with 3 Year NBD Limited Onsite Services Service After Remote Diagnosis NONE [551-BBBJ] 707 NOMEDIA [620-AAOH] 200013 NRDVD [430-XXYG] 50 DBRMBSC [637-AAAL] 200076 UPC505 [389-BDHN] 292 NOFR [346-BBBW] 55 PDVDW7 [430-XXYV] 597 NOPSW [421-3872] 1002 CFIIN [469-2487] 706 FG0021 [730-6992] 572 ESTAR [387-BBBF] 122 USNONE [332-1286] 111 PDPE1Y [421-9984] [954-156 3455] BTS [800-BBEZ] 200080 [989-3449] [993- 8361] [993-8541] U31P [993-9151] [993-29 9241] [994-0681] [994-0921] eQuote subtotal promotional discounts' shipping· shipping discount' tax' eco fees' $ 1,616_14 -$ 597.97 $ 0.00 $ 0.00 S 0.00 $ 0.00 eQuote Total* S 1,018.17 AThe equate tolal, including applicable taxes and additional fees, may be viewable online. Thank you for shopping and creating your eQuote online. We hope you find it useful in making your purchase and will continue to think of Dell for all of your technology needs. Sincerely, Dell Online Sales Shipments to California: For certain products, a State Environmental Fee of up to $10 per item may be applied to your invoice beginning January 1,2005. Prices in your cart do not reflect this fee. For more information refer to URL: http://www.dell.comlenvironmentatfee Shipments to Alberta, Canada: For certain products, a Provincial Environmental Fee witt be applied to your invoice. Prices in your online order do not reflect this fee. For more information refer to URl: http://www.dell.ca/canadaenvironmentalfee Microsoft, Windows and the Windows logo are trademarks or registered trademarks of Microsoft Corporation in the United States and other countries. Intel and Intel Core are trademarks or registered trademarks of Intel Corporation in the U.S. and/or other countries. This c-mail cornrnunlcatiop is ccnfidential and is intended only for tt-Ie Individl:ClI(s} or enHy narned above and others who have been specific811y authorized to receive it. If you are not the intenced recipient. please do not read. copy, use or disclose n18 contents of this communication to aHlers. Please notify the sender that you have received :his email in errer by replying to the email. Please Hlen delete the email and any copies of it F~"·:"''''""··"'·"---'·''·"~-'~'--'''-"'-'-'-" .... -~" .. -~"'-.-,.~. "''''' .. '''.'''--'''.''''-'''.--.-''-''''-.. --'-'''.''''''.''.''.''''''.-" ........ "'''''--'''-" .... =".~ ... "~" .... -,.--,~-.. -."-.-,,-,,.- londa Depatiment of Business Support Hick Scott, Governor Law Enforcement Office of Criminal Justice Grants Pam Bondi, Attorney General Post Office Box 1489 Jeff Atwater, Chief Financial Officer Gerald M. Bailev Tallahassee, FL 32302 .. '1489 Adam Putnam, Commissioner of Agriculture Commissioner' (850) 617-1250 FEB 142014 The Honorable Phillip Stoddard Mayor City of South Miami 6130 Southwest 72 Street South Miami, FL 33143 www.fdle.stateJl.us Re: Contract No. 20'l4-JAGD-DADE .. 5-E6-130 Dear Mayor Stoddard: The Florida Department of law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $ 5,521.00 for the project entitled, BYRNE GRANT VEHICLE BURGLARY. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the appiOved subgrant application with the I'ef8((;l[]ced Contract number is enciosed for your fiie. Aii correspondence with the Department should always refer to the project number and title. As you may be aware, information from subgrants and performance reports are currently provided to the Department of Justice under the Performance Measurement Tool (PMT) and Federal Funding Accountability and Transparency Act (FFATA) to meet current federal transparency requirements. However, the State of Florida recently passed legislation requiring all contracts, including grants for state or federal financial assistance, be provided to the, Department of Financial Services via the Florida Accountability Contract Tracking System (FACTS). This grant contract and all subsequent correlating information including performance reports, expenditure reports, grant amendments, etc. are provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of Florida for transparency in government spending. If this grant agreement contains confidential or exempt information not subject to disclosure under the public records law, Chapter 119, F.S., (such as the names of personnel and disclosure of equipment for certain undercover operations, etc. that may result in officer names or other sensitive information on grant documents and expenditure reports) please contact the Office of Criminal Justice Grants for information on requesting exemption from public records disclosure, Please complete and return the enclosed Certification of Acceptance to the Office of Criminal Justice Grants within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. We look forward to working with you on this project. Please contact Planning Manager Annamarie Whatley at (850) 617-1250 if you have any questions or we can be of further assistance. Sincerely, Petrina Tuttle Herring Administrator PTH/AW/AL Enclosures Service • Integrity • Respect ' Quality State of Florida Office of Criminal Justlc® Grants Florida Oepartment of Law Enforcement 2331 Phillips Road Tallahassee, florida 32308 CERTIFICATION OF ACCEPTANCE _.-...... ., .. -•... " ...•....•... _.-_-_ ........ "".-.. -.... . The subgrantee, through Its authorized representative, acknowledges receipt lind acceptance of subgrant award number 2014·JAGD-DADE·5-E6-130, in the amount of $ 5,521.00, for a project entitled, BYRNE GRANT VEHICLE BURGLARY, for the period of 02101/2014 through 06/30/2014, in accordance with the Budget and Budget NarrativE} contained in the subgrant application, and subject to the Florida Department of Law Enforcement Conditions of Agreement and any special conditions governing this subgrant. Pt!fJcj~ ~ Signature of Subgrantee's Authorized Official !ffarCI? 11 ;;'01'-/ ._-... " ... -. _ ... Date of Acceptance Ct.} o!)tJ~~'/h itl't'.m/ Name of Subgrantee Rule Reference 110-9.006 OCJG·012 (rev. October 2005) SUbgrantee: City of South Miami Date of Award: (J72,/ i1{12a/CC SUBGRANT AVVAP..D CEP..TIFICATE Grant Period: From: 02/01/20'14 TO: 06/30/2014 Project Title: BYRNE GRANT VEHICLE BURGLARY Grant. Number: 20'14,"JAGO-DADE-5-E6-130 Federal Funds: $ 5,521,00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 5,521.00 CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1 of such part (42 U.S.C. 3751-3759); the Consolidated Appropriations Act, 2008, Public Law 110-161; and Public Law 109-162, Title XI, Department of Justice Reauthorization, Subtitle B, Improving the Department of Justice's Grant Programs, Chapter 1, Assisting Law Enforcement and Criminal Justice Agencies, Section 1111, Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMS Circulars A-110 or A-1 02, as applicable, and A-21 , in their entirety. It is also subject to such further rules, regula.tions and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L 90-351, as amended, and P.L. 1 OO~·690. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. '/ J _____ \'~'..\~~_. (l .. )~~, "'.)(",": _' _~/-"1(;~~~l_42.{_·.::i.~!" __ ."~._,,.~. Authorized Official \ Petrina Tuttle Herring . .' Ad ministrator ( ) This award is subject to special conditions (attached). AppHcaUorJ for FundHng Assistance Florida Department of L.aw Enforcement Justice Assistance Grant -Direct ~~ b5J ra!.1_~!3_~~e~nt Organization Name: City of South Miami County: Dade Chief Official Name: Phillip Stoddard Title: Mayor Address: 6130 Southwest 72 Street City: South Miami State: FL Zip: 33143 Phone: 305-663-6301 Ext: Fax: 305-668-249 'I Email: Pstoddard@southmiamifl.gov Chief Financial Officer Name: Title: Address: City: State: Phone: Fax: Email: Alfredo Riverol Chief Financial Officer 6130 Sunset Drive South Miami FL ' Zip: 305-663-6343 Ext: ariverol@southmiamifl.gov Application Ref # 2014-JAGD-1570 33143 Contract 2014-JAGO-OADE-5-E6-130 Rule Reference 110-9.006 OC.JG-005 (rev. April 2005) Section #1 Page 1 of App!icatson 'for Funding Assh~;'tance Florida Department of Law Enforcement Justice Assistance Grant -Direct Organization Name: County: South Miami Police Department Dade Chief Official Name: Title: Address: City: State: Phone: Fax: Email: Name: Title: Address: City: State: Phone: Fax: Email: Rene Landa Acting Chief 6130 Sunset Drive South Miami FL Zip: 305-663,·6310 Ext: rlanda@southmiamifl.gov Jennifer Korth Grants Administrator 6130 Sunset Drive South Miami FL Zip: 305-668-2514 Ext: jkorth@southmiamifl.gov Application Ref # 2014 .. JAGD-1570 33143-5093 33143 Contract 20 14-JAG D-DADE-5-E6-130 Rule Reference 110-9,006 OCJG-005 (rev, April 2005) Section #'1 AppHcation for Fund~ng Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct .~~ne..~_~L~~~l~~_U!:!!~mation_ Project Title: BYRNE GRANT VEHICLE BURGLARY Subgrant Recipient: implementing Agency: Project Start Date: Problem Identification City of South Miami South Miami Police Department 2/1/2014 End Date: 6/30/2014 Auto theft and burglary to motor vehicles are a major problem in South Miami. Between 2007 and 2009 the data shows a 79% increase in total offenses, a 73% increase in violent crime, and an 80%, increase in non-violent crime. In 2010, 263 auto burglaries and 25 auto thefts were reported in hot spot areas. Burglaries are projected to increase between 9-10% for calendar 2011. Proj~_C?t Summary (Scope of Work) The primary goal of this program is to reduce or manage the problem of auto theft and auto burglary in the City of South Miami. A secondary goal is to arrest burglars and thieves in the City of South Miami. The City will purchase laptops for use by detectives so they can be in contact with computer aided dispatch for faster response times and also have the ability to access the USA software crime reporting system. Laptops will also replace in-office, outdated computers to ensure that detectives can manage the problem of auto theft and auto burglary by tracking occurrences and through the use of statistics. . . -Application Ref # Contract .~ .... --...... _. -...... -...... _ ... -._.... - 2014-JAGD-1570 2014-,JAGD-DADE·5-E6- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Section #2 Page 1 of 2 Section Questions: Application 'for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Dir<~ct Q~esti~~~--D~~t;~·e Subgrantee receive a single grant in the amount of $500,000 or more from the U.S, Department o·f Justice? Answer: No Question~ Does the Implementing Agency receivo a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Part 1: In your business or organization's preceding completed fiscal year, did your business or organization (the subgrantee) receive (1) 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U,S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? If yes, answer "yes" or "no" to Part 2, below. Answer: No Question: Part 2: Does the public have access to information about the compensation of the executives in your business or organization (the subgrantee) through periodic reports filed under section 13(a) or 1S(d) of the Securities Exchange Act of 1934 (15 U.S.C. l8m(a), 780(d)) or section 6104 of the Internal Revenue Code of 1986? If answer to Part 1, above, was "no," answer N/A. Answer: N/A ------_ .... _._- Application Ref if 2014·JAGO-i 570 Contract 2014-JAGO-OADE-5-ES- Rule Reference 1 t D-9.006 OC,)G·005 (rev. April 2005) Appl~cation for Funding Assistance Florida Department of Law Enforcement .Justice Assistance C;rant -Direct General Performance «nfo; Performance Reporting frequency: Quarterly Federal Purpo.se Area: . 001 -Law enforcement programs State Purpose Area: A -Accomplishments: Includes any accomplishments during the reporting period. Required for all projects. Activity Description Activity: Equipment Purchase Target Group: Law Enforcement Geographic: Area: Urban location Type: Police Department Objectives and Measures Objective: A 1 -Report on program accomplishments Measure: Part 1 cPlease briefly describe what your program's accomplishmen.ts will be. Please include any benefits or changes to be observed as a result of JAG-funded activities, such as program completion, or changes in attitudes, skills, knowledge, or conditions. [SOO-character limit] Goal: Performance Improvement: ; -faster response times -Improve tracking system to manage the problem of auto theft and auto burglary by tracking occurrences and through the use of statistics Objective: A2 -Report on usage of crimesolutions.gov Website Measure: Part 1 Will you be using the crimesolutions.gov Website? Goal: No Oibjective: A3 -Report on subgrants from grantees other than FDLE Measure: Part 1 Are you a subrecipient of a JAG award from another JAG grantee (other than FDLE)? An agency can be a primary recipient of a JAG award from BJA and a subrecipient of a JAG award from another J,i\G award primary recipient. Do not consider awards that you receive directly from U8DOJ. Goal: No Measure: Part 2 If yes, enter grantee organization or agency name. fi:ppl lea tioriReTii--2014~JAGO~·1570--.-.-.-.. --.~."-.. - Section #3 Page 1 of 3 Contract 2014·JAGD-DADE-5-E6- Rule Reterencel1 0-8JJ06 OC.j(H)05 (rev. April 20(5) Appncation for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct Goal: N/A State Purpose Area: E -Equipment Purchases and/or Technology Investments: Inciudes activities where equipment purchases or technology investments were made that improve efficiency and/or cost savings. Activity Description Activity: Equipment Purchases and/or Technology Investments Target Group: Equipment Purchases and/or Technology Investments Geographic Area: Urban location Type: Police Department Objectives and Measures Objective: E1 -Report on JAG funding allocated for equipment and/or technology investments Measure: Part 1 How much JAG funding has been allocated for equipmen.t purchases and/or technology investments? Please report in dollars ($), Goal: $5,521.00 Objective: E2 -Make equipment purchases and/or technology investments : ;- Measure: Part 1 What types of equipment purchases an,d/or technology investments will be made with JAG funds? In your response, please list all that apply from the following choices: Computer-aided Dispatch (CAD), Computers/Mobile Data Terminals, Computer Software, Emergency Medical Services (EMS), Equipment for Police Cruisers (including in-car radios and laptops), In-carlOn-person Camera Systems, Goal: Equipment for Police Cruisers (including in-car radios and laptops) 2014-,),o,GO-t 570 Section #3 Page 2 of 3 Contract 2014-JAGO-OAOE-5-E6- liule Reference 110-9.006 OCJG-005 (rev. April 20(5) Section Questions: AppHcataon for FundKng Assis'~afnce Florida Department of Law En1'orcement ,Justice Assistance Grant" Direct Question: If "other" was seiected for tile geographic area, please describe. Answer: N/A Question: If "other" was selected for location type, please describe. Answer: N/A .... --. __ .. _ ...... _ ... _ .. __ .. __ .... . Application Ref # 2014-JAGO-1570 Section #3 Page:3 of 3 Contract 2014-JAGO-OADE-5-ES- Rule Reforence 110-9.006 OCJG-005 (mv. April 2.005) AppijicaUon forr Fur~din9 Assista.nce Florida Department of Law Enforcement Justice Assistance Grant -Direct Genera! financial Info: Note: ,AI! -rlrJanciai remittances wm be sent to Ulle Chief Financial Officer of Qhe Subgrantee Orrrani:r:ation. financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR I Vendor Number: 596000431 :!3 _tl_~_~~!:_ !Budget Category Salaries and Benefits Contractual Services Expenses Oper~ting Capital Outlay Indirect Costs '.~ Totals -- Percentage Project Generated Income: Federal $0.00 $0.00 $5,521.00 $0.00 $0.00 $5,521.00 100.0 Match $0.00 $0,00 $0.00 ,$0.00 $0.00 $0.00 0.0 Will the project earn project generated income (PGI) ? No Total $0.00 $0,00 $5,52'1,00 $0.00 $0.00 $5,521.00 100.0 . f\ppiicationRef # _.-~----. --_ .. _.. . .......... ---...... _--... -.. . 2014-JAGD·1570 S(:lction 1M Page 1 of:3 Contract 2014·JAGD-DADE-5-E6- Rule R8ference 110-9,006 OCJG-005 (rev, April 2005) ~_~d~et Nar!ativ~ Expense AppHcation for Funding Assistance Florida Department of law Enforcement ,Justice Assistance Grant" Direct Approximately 6 laptop computers. Each laptop will cost approximately $950, which includt1S a power cord, 1 year warranty and shipping/handling. $5,700 Total: $5,"100 Grant Award: $5,521 Costs in excess of the grant award will be paid by the subgrantee . . .. -"-'-_._-.... -.--~------.-, .. -... -.. __ ._.-ApplicatIonI~eT#--2014~JAGD-1570 Section #4 Page 2. of 3 Contract 2014"JAGD-DADE-5-E6- Rule Reference 110-9.0013 OCJO"005 (rev. April 2005j Section Questions: AppBcation for funding Assi.s·~ancle F!orida Depa.rtment of Law Enforcement .Justice Assistance Grant .. Direct Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: j\jIA Question: If benefits are to be included, are they reflected in the budget narrative? Answer: N/A Question: Indicate the Operating Capita! Outlay threshold established by the subgrantee or implementing agency, if it is the sheriff's office. Answer: $5,000 Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits). and provide documentation of the appropriate approval of this plan. Answer: N/A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. AQswer: NI A Application Ref if 2014 .. JAGO .. 1570 Secticn #4 Page 3 of 3 Contract 20 14-.JAGD-OADE-5-E6- Rule R'jlerence 11 D-9.006 CCJG-005 (rev. /wril 2005) fhnida Departrnent of law Enforcement Office of Criminai Justke Grall''it:s Post Office Bo;( 1489 Tallahassee, Florida 32302-1489 (850) 6i7-1.;250 r;;rlD}iDgjjl!!?lli;~fd!~.~tilte.~n_,j.L:i Edward Byrne Memorial Justice Assistance Grant (JAG) Program STANDARD CONDITIONS . '~"-'- SFY2014 JAG Standard Conditions Rev, 09/201.3 ............ ".-+~ Page .1 of 22 Conditions of agreement l'equiring compliance by units of local government (subgrant recipients), irnplementinq agencies, and state agencies upon signed accept.ance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions o'f this agrE:ement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item '18 of this section. 1. AI! Subgrant ReCipients must comply with the financial and administrative requirements set forth in the current edit.ion of the U.S. Department of Justice, Office of Justice Programs (OJ?) Financial Guide (Financial Guide) (WWW.OiR.Usdoj.gov/financialguidelindex.htm) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance (www.bja.gov/ProqramDetails.aspx?Program 10::::59) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: I> Ff>Drida Administrative Code, Chapter '110-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": yvww.flrules.org! ~ Office of Management and Budget (OMS) Circulars: www.whitehouse.gov!omb!circulars o A-21 (2 CFR 220), "Cost Principles for Educational Institutions" o A-87 (2 CFR 225), "Cost Principles for State, local and Indian Tribal Governments" o A-102, "Grants and Cooperative Agreements with State and Local Governments" Q A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" () A-122 (2 CFR 230), "Cost Principles for Non .. Profit Organizations" c.I A .. 't33, "Audits of States, Local Governments, and Non-Profit Organizations" '" Code of Federal Regulations: yvww.gpo.gov/fdsys/ o 2 CFR 175.15(b), "Award Term for Trafficking in Persons" o 28 CFR 38, "Equal Treatment for Faith-Based Organizations" o 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) o 28 CFR 83, "Government··Wide Requirements for Drug-Free Workplace (Grants)" c 28 CFR '13,22,23,30,35,42,6'1, and 63 " Public law 109-162, Title XI-Department of .Justice Reauthorization, Subtitle B-Improving the Department of Justice's Grant Programs, Chapter i-Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and local law Enforcement Block Grant Program: www,bi!b,gov!ProgramDetails.asQx?Program ID=59. '" United States Code: www.g'Qo.gov/fdsys! o 42 U,S,C. 3711 at seq., "Omnibus Crime Control and Safe Streets Act of '1968" " State of Florida General Records Schedule GS1-Sl for State and local Government Agencies: dHs.dos.state.fl.us/barm/lZ~nschedules/GSl-SL.pdf, 2. Requirements for Contractors of SlIbgrant Recipients The ::;uu!:j18nllecipient assures the compliance of ali contractors with the appiicable prOVisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 US.C. 3711 et seq. at ~~_o.gov!f.ci§ys/); the provisions of the current edition of the Office of Justice Programs Financial Guide (yv,\vw,ojp.us1Qigovlfinancialguidehndex.htm); and all other applicable federal and state laws, orders, circulars, or regulations. SP(20 14 JAG Standard Conditions Rev, 09/2013 Page 2 of 22 :3, /\1!o'Nable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standar'ds for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S, Department of Justice Common Rule for Stat(;) And Local Governments and federal OMS Circular A·8?, "Cost Principles for State, Local and Indian Tribal Govemments," or OMS Circular A-21, "Cost Principles for Educational Institutions." b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMS Circular A-'11 0, or OMB Circular A-1 02, and Florida law to be eligible for reimbursement. 4. Reports a, Project Performance Repolis (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within fifteen (15) days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item '18, Performance of Agreement Provisions. (2) Report Contents: Pelformance I~eports must include a response to all objectives included in your subgrant A detailed response is required in. the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the qualier and identify problems with project implementation and address actions being taken to resolve the problems. Additional information may be required if necessalY to comply with federal reporting requirements. (3) Submission: Performance Reports may be submitted by the Project Director, Application Manager, or Performance Contacts. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Depal-tment. Project Expenditure Reports are due thirty (30) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure rZepolis shall be submitted. (b) All project expenditures for reimbursement of subgrant recipient costs shall be subrnitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON-line (SIMON) system, (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit (d) Before the "final" Project Expenditure Repolt will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions, Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested SFY2014 JAG Standard Conditions Rev, 09/2013 Page 3 of 22 (f) The report must be eiectronically signed by the subgrant recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. (2) Financial Closeout Audit (a) The Financial Closeout Audit shall be submitted to the Department within forty-five (45) days of the subgrant expiration date. (b) The Financial Closeout Audit must be electronically signed by the subgrant recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer' designee. (3) Project Generated Income (PGI) (a) If applicable, the subgrant recipient shall submit Quarterly POI Earnings and Expenditures Reports to the Department within thilty (30) days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue submitting quarterly PGI reports until all funds are expended. (See Item 11, Program Income.) (b) PGI Earnings and Expenditures reports must be electronically signed by the subgrant recipient or impiementing agency's chief financial officer or the chief financial officer's designee. c. Other Reports The subgrant recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. ' 5. Fiscal Control and Fund Accounting Procedures a. All expenditures and cost accounting of t fUnds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMS Circulars A-21 , A-87, and A_eli 0, or A-1 02 as applicable, in their entirety. b. The subgrant recipient is required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. As a subgrant recipient, you must have a financial management system in place that is able to record and report on the receipt, obligation, and expenditure of grant funds. An adequate accounting system for a subgrant recipient must be able to accommodate a fund and account structure to separately track receipts, expenditures, assets, and liabilities for awardS, programs, and subgrant recipients. c. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. d. All funds not spent in accordance with this agreement shall be subject to repayment by the 3ubgrant recip~ent. 6. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. SFY2014 JAG Standard Conditions Rev, 09/2013 Page 4 of 22 '7. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the efff;?ctive date, or subsequent to the termination date, of the subgrant award period, Only project costs incurred on or after the effective date, and on or prior to the terminaiion date of the subgrant recipient's project are eligible for reimbursement. All payments must be completed within thirty (30) days of the end of the subgrant period n. Advance Funding Advance funding may be provided to a subgrant recipient upon a written request to the Department. The request must be electronically signed by the subgrant recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee, 9. Trust Funds a, The unit of local government must establish a trust fund in which to deposit JAG funds, The trust fund mayor may not be an interest bearing account. b, The account may earn interest, but any earned interest rnust be used for program purposes and expended before the federal grant period end date. Any unexpended interest remaining at the end of the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance, 10. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy, If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to State of Florida Travel Guidelines § 112,061, Fla. Stat. '11, Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be' deemed program income, b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter, A report must be submitted each quarter even if no PGI was earned or expended, PGI Earnings and Expenditures reports must be electronically Signed by the subgrant reCipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee, c, PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award, If the cost is allowable under the federal grant program, then the cost would be allowable using program income. PGf budget requests must be signed by the subgrant recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. d, Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the federal grant period must be submitted to OCJG for transmittal to the Bureau of Justice Assistance, 12. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and SUbsistence costs) per eight-hour day. A detailed justification must be submitted to and approved by FDLE prior to obligation or expenditures of such funds, Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply SFY2014 JAG Standard Conditions Rev, 09/2013 Page 5 of 22 '13. Property Accountability a, The subgrant recipient agrees to use all non-expendable propeliy for criminal justice purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat. b, The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the D(3partment or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U, S. Depaliment of Justice Common Rule for State and Local Governments or the federal OMS Circular A-'I1 0 or /\·102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 14. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subOl"dinate to this agreement is governed by the terms of tile Office of Justice Programs Financial Guide (as amended), and the U.S, Department of Justice Common Rule for State and Local Governments, or the federal OMS Circular-A-110 or A-102, as applicable. 15. Copyright The awarding agency reserves a royalty··free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal government purposes: a. The copyright in any work deveioped under an award or subaward, and b Any rights of copyright to which a subgrant recipient or sub recipient purchases ownership with support funded under this grant agreement. 16. Patents " If any program produces patentable items, patent rights, processes, or inventions, in the course of work sponsored by the federal award or subaward funds, such facts must be promptly and fully reported to the awarding agency. a. Unless there is a prior agreement betyveen the subgrant recipient and the Department on disposition of such items, the Department may determine whether protection on the invention or discovery will be sought. b. The Department will also determine how rights in the invention or discovery (including rights under any patents issued) will be allocated and administered in order to protect the public interest consistent with "Government Patent Policy" ("President's Memorandum for Heads of Executive Departments and Agencies," dated August 23, 1971, and statement of Government patent policy, as printed in 36 Federal Register 16839). c. Government regulations have been issued in Title 37 CFR Part 40'1 by the U.S, Department of Commerce, 17. Publication or Printing of Reports The subgianl 18Gif,Jient !Shdil !Submit for review and approvai one copy of any CUrricula, training matel-ials, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date The subgrantee understands and agrees that any training materials developed or delivered with grant funding must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees available at \:v\.v\.v:()jp,lI:,d()j,g(Jv/njp~li)lg/()jELr:lirlinggILl'Ji.ngprj}1<;jplc5Jltm SFY2014 JAG Standard Conditions Rev. 09/2013 Page 6 of 22 All materials publicizing or resulting from award activities shall contain the following statements: 18. Audit "This project was suppolied by Grant No. [contact the Office of Criminal Justice Grants {or award number] awarded by t.he Bureau of ,Justice Assistance. The Bureau of Justice Assistance is a component of the Office of ,Justice Programs, which also includes the BureaLi of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking, Points of view or opinions in this document are those of the author and do not necessarily represent the ofticial position or policies of the U.S. Depaliment of ,Justice," a Subgrant recipients that expend $500,000 or more in a year in federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requil'ements of § 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules,"; § 215.97, Fla. Stat., "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For-Profit Organizations." b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (lPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year, In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer·, or designee, that the subgrant reCipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. A scanned copy of the completed audit reports or a link to the electronic audit report should be sent via email toc;l.imipaljustice@.fdle.state.fl.us or mailed to the following address: Florida Department of Law Enforcement Office of Criminal Justice (.3rants Post Office Box 1489 SFY2014 JAG Standard Conditions Rev, 09/2.013 Page 7 of 22 Tallahassee, F!orida 32302-·l489 1 !~o Performance of Agreement Provisions In the event of defau!t, non-compliance or violation of any provision of this agreement by the subgrant recipient, the sUbgrant recipient's consultants and suppliers, or both, the Department shall irnpose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 20. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the suburant recipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subgrant recipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 21. Excusable Delay'S a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or ne.gligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond tile control and without the fault or negligence of the subgrant recipient. b_ If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order c. Upon request of the subg rant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 22. Written Approval of Changes in this Approved Agreement (Grant Adjustments) a. Subgrant recipients must obtain prior approval from the Department for major SUbstantive changes such as changes in project activities, target populations, service providers, SFY2014 JAG Standard Conditions Rev. 09/2013 Page 8 of 22 implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes tilat will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as U1e funds are transferred to an existing line item. c. Under no circumstances can transfers of funds increase the total budgeted award d. Requests for changes to the subgrant agreement must be electronically signed by the subgrant recipient or implementing agency's chief official or the chief official's designee. e. Any certifications required for the requested changes, such as Sale Source, ADP Justification, Privacy Certification forms, and Confidential Funds certifications, must be signed by the subgrant recipient or implementing agency chief official or someone with formal, written signature authority for the chief official. 23. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant reCipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., and in procedures set forth in. Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame cOnstitutes a waiver of proceedings under § 120, Fla. Stat. 24. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 25. Access to Records a. The Florida Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient,implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of § 11 g, Fla. Stat, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, . through any authorized representative, access to and the rigllt to examine all paper or electronic records related to the financial assistance. 26. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of five (5) years from the date of the final financial statement and be available for audit and public disclosure upon request SFY2.014 JAG Standard Conditions Rev. 09/2013 Page 9 of 22. of duly authorized persons. The sLlbgrant recipient shall comply with State of Florida General Records Schedule GS1-SL for State and Locai Government Agencies: ~i1is.dos.state.fl.us/bar~chedules/GS l-SL.pdf 27" Personnel Changes Upon implementation of the project, in the event there is a change in Chief Officials for tile Subgrant recipient or Irnplementing Agency, project staff must notify the help desk for FDLE's online grants management system, SIMON (Subgrant Information Management Online) so that the organization can be updated in SIMON. If the project director changes, a grant adjustment must be entered in SIMON to reflect the change. 28. Background Check 29. Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of § 435, Fla. Stat. shall apply. a. All pOSitions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be r~quired to undergo security background investigations as a, condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks t[lfOUgh the Federal Bureau of Investigation, and may inclucte local criminal records checks through local law enforcement agencies. . (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and for'vvarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment-Based Drug Court Programs." SFY2014 JAG Standard Conditions Rev. 09/2013 Page 1.0 of 22. 30. Overtirn<" for Law Enfoi'lComent Personnel Prior to obligating funds from this ewal"d to supPoli overtime by law enforcement officers, the U.S Department of .Justice encourages consultation with all allied components of the crirninal justice system in thH affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockists and the need for detention space. 31. Crimio<lillntelligence System a. The subgrant recipient agrees that any information technology system funded or supported by trle Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its. discretion, perform audits of the system, as per 2.8 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the subgrant recipient may be fined as per 42 U.S.C. 37S9g(c)-(d). The subgrant recipient may not satisfy such a fine with federal funds. b. The subgrantee understands and agrees that no awarded funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. In doing so the subgrantee agrees the these restrictions will not limit the use of awarded funds necessary for any federal, state, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecutions, or adjudication activities. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from a/l projects that are involv'ed with confidential funds. The signed certification must be submitted at the time of gr.ant application. 33. Civil Rights Compliance a. Federal laws prohibit recipients of financial assistance from disgriminating on the basis of race,' color, national origin, religion, sex, disability, or age in fundea programs or activities. All subgrant recipients, implementing agencies, and contractors must comply with any applicable statutorily-imposed nondiscrimination requirements, which may include tile Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.s.C. § '10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.s.C. § 2000d); the Rehabilitation Act of '1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683,1685-86); the Age Discrimination Act of '1975 (42 U.s.C. §§ 6101-07); and Department of Justice Non-Discrimination F~egulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for 1'aith- based and community organizations). b. FDLE does not discriminate on the basis of rac(~, color, religion, national origin, sex, disability, 01" age in the delivery of services or benefits or in employment. The subgrant recipient must notify program participants and beneficiaries that it does not discriminate on the basis of race, color, national origin, religion, sex, disability, and age in the delivery of services or benefits or in employment practices. c. Subgrant recipients are responsible for ensuring that contractors, vendors, and agencies to whom they pass·-through funds are in compliance with all Civil Rights requirements and that the contractors, vendors, and agencies are aware that they may file a discrimination complaint with the subgrant recipient, with FDLE:, or wiU, the Office for Civil Rights and how to do so. SFY2014 JAG Standard Conditions Rev. 09/2013 Page 11 of 22 d. Equal Ernployment Opportunity Plans (1) A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of .Justice. The plan must be prepared using the on-line short form at .www.ojp.usdoj.gov/about/ocr/eeopco:tr).ply.htm. must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FIXE. (2) If the subgrant recipient or implementing agency is required to orepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of tl,e Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from t.he date of the letter. (3) A subgrant recipient or irnplementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. (4) The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, untjj such time as it is in compliance. e. In the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the fin<;ling to FDLE and to the Office for Civil Rights, Office of Justiqe Programs. f. In accordance with federal civil rights laws, the subgrant reCipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. g. SLJbgrant recipients must include comprehensive Civil Rights/Nondiscrimination Provisions in air contracts funded by the subgrant recipient. ; h. If the subgrant recipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subgrant recipient, with FDLE or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office of the Inspector General, Post Office Box 1489, Tallahassee, Florida 32302-1489 or on-line at ~~y':_[QJ~~t9:1e_,tlusLcont'!.<;!§L<':_Ql)1J1l~.l1:tJorm.html Discrimination complaints may also be submitted to the Office for Civil Rights, Office of ,Justice Programs, U.S. Department of Justice, 810 ih Street, Northwest, Washington, D.C. 2053", or by phone at (202) 307-0690. i. The subgrant recipient must have pl"Ocedures in place for responding to discrimination complaints that employees and clients, customers, and program participants file directly with the subgrant recipient. j. The subgrant recipient must have written policies or procedures in place for notifying program bcncflciaries hovv' to file cornplaints alleging discrify'dnation by the subgfcHltee/impiementing agency with FDLE or the OCR. k. Any discrimination complaints filed with FDLE will be reviewed by FDLE's Inspector General and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission, based on the nature of the complaint. I. Americans with Disabilities Act SFY20L4 JAG Standard Conditions Rev" 09/2013 Page 12 of 22. '-" .Y,. Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADf.\), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disabiiity and requires certain accommodations be made with regard to employment (Title I), state and local government serVices and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). m. Rehabilitation Act of 1973 (28 C.F.R. Part 42, Subpart G) If the subgrant recipient has 50 or more employees and receives DOJ funding of $25,000 or more, the subgrant recipient must take the following actions: (1) Adopt grievance procedures that incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Section 504 of the Rehabilitation Act of 1973, found at 28 C.F.R. Part 42, Subpart G, which prohibit discrimination on the basis of a disability in employment practices and the delivery of services.· (2) Designate a person to coordinate compliance with the prohibitions against disability discrimination contained in 28 C.F.R. Part 42, Subpart G. (3) Notify partiCipants, beneficiaries, employees, applicants, and others that the subgrantee/implementing agency does not discriminate on the basis of disability. n. Limited Englist1 Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons INith LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at www.lep.gov. FDLE strongly encourages subgrant recipients to have a written LEP Language Access Plan. o. Title IX of the Education Amendments of 1972 (28 C.F.R. Part 54) 'If the subgrant recipient operates an education program or activity, the subgrant recipient must take the following actions: (1) Adopt grievance procedures that provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Title IX of the Education Amendments of 19'72, found at 28 C.F.R. Part 54, which prohibit discrimination on the basis of sex. (2) Designate a person to coordinate compliance with the prohibitions against sex discrimination contained in 28 C.F.R. Part 54. (3) Notify applicants for admission and employment, employees, students, parents, and others that the subgranteelimplementing agency does not discriminate on the basis of sex in its educational programs or activities. p. Equal Treatment for Faith Based Organizations The subgrant recipient 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 of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded SFY2014 JAG Standard Conditions Rev. 09/2013 Page 13 of 22 prowar-n, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded t)y the Department of Justice are not permitted to discriminate in the provision of services on ttle basis of a beneficiary's religion. The subgrantee also understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students Who participate in programs for which financial assistance is provided from the award, or the parent or legal guardian of such students. Notwithstanding any other special condition of this award, faith~ based organizations may, in some circumstances, consider rl31igion as a basis for em ploym e 11 t. S ee ~i\f~\l:'!'Y:,9jp-, &9 v / abo uti o9J:L~g.llitL fbo, btm. 34. immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S,C. Section 'l324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"), The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 35. National Environmental Policy Act (NEPA) a, The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Pre~erv8tiun Act, and other reiated federai environmental impact analyses requirements in the use ot subgrant funds by the subgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior Lise or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further underst;:mds and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of ,Justice at www.bja.gov/Funding/;nepa.html, for programs relating to methamphetamine laboratory operations. c. For any of a subgr-ant recipient's eXisting programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific I'equest from the Depaliment and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded SFY2014 JAG Standard Conditions Rev. 09/2013 Page 14 of 22 program or activity. 36. Mitigation of Healt.h, Safety and Enviromnental risks dealing with Clandestine Met.hamphetamine Laboratories If an award is made to support methamphetamine iaboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessmentiimpact statements as required under the National Environmental Policy Act a General Requirement: The subgrant recipient agrees to comply with federal, state, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the :'emoval and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratolY; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant reCipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure th~ qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, pmperly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely SFY2014 JAG Standard Conditions Rev. 09/2013 Page 15 of 22. evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessar/, and in accordance with existing federal and state requirernents; and (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel WllO can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in trle meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a I'esult of methamphetamine toxicity. 3'70 Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal depaliment or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (federal, state, or local) terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most cun'ent edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more, b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prereqUisite to entering into this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c, As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant certifies that: SFY2.014 JAG Standard Conditions Rev, 09/2013 Page 16 of 22 (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the ,maldng of any federal grant, the ent(:;ring into of any cooperative agreement. and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; (2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or atternpting to influence an officer or employee of any agency. a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form .. LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on lobbying In addition to the provisions contained in Item 36, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on lobbying The subgrant recipient understands and agrees that it cannot use any federal funds, either directly QI" indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs, 41. "Pay -to -Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality, It does not include juvenile detention centers, "Pay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction, 42. The Coastal Barrier Resources Act The subgrant recipient will comply and assure the compliance of all contractol-s with the provisions of the Coastal Barrier Resources Act (P.L 97-348) dated October 19, 1982 (16 USC 3501 et seq,) which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System, 4:~. Enhancement of Security If funds are used for enhancing security. the subgrant recipient agrees to: a, Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area wllel"e the enhancement is undertak.en, b, Conduct such an assessment with respect to each such enhancement; and. submit to the Depaliment the aforementioned assessment in its Final Program Report. SFY2014 JAG Standard Conditions Rev. 09/2013 Page 17 of 22 44. Er.vironme\1~a! Protection Agency's (EPA) list of Violating Facilities The subgrant recipi(:)nt assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishrnent of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 45. Flood Disaster Protection Act The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 46. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance Witll section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of '1969 (42 U.S.C. § 4321). 47. Human Research Subjects Subgrant recipient agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 48. Global Standards Package In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, ojp requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: www.it.ojp.gov/gsp grantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 49. Reporting, Oata Collection and Evaluation The subgrant recipient agrees to comply witti all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by FDLE. 50. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 USC. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Subgrant recipient further agrees, as a condition of grant approval, to submit a Privacy Celiificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 5'1. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the subgrant recipient agrees to maintain an SFY2014 JAG Standard Conditions Rev. 09/2013 Page 18 of 22 administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to www.it.oi~v/defaLJlJdl/~12x.Z§.Lea=1291lcyAg~iPractice&:tilg~==lQ3.6. 52. Interstate Connect.ivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions; such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 53. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant state or local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 54. Conflict of interest The subgrant reCipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes 01' presents the appearance of personal or organizational conflict of interest, or personal gain. 55. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs. 56. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 USC. §§ 1501-08 and §§ 7324-28, which limit certain political activities of State or local government employees whose prinCipal employment is in connection with an activity financed.in whole or in part by federal assistance. 57. Certification for Employees Working Solely on a Single Federal Award For any position that works 100% of its time on a single federal award, the employee must certify that 100% of his or her time was spent working on that federal award. This requirement applies to both full time and part time positions regardless of the percentage of the position's salary that is charged to the grant. The certification must be signed by both the employee and the employee's direct supervisor having firsthand knowledge of the work performed by the employee. The forms must be submitted semi-annually and may not be signed prior to the end of the reporting period. Certifications must be provided to cover the entire grant period. 53. Timesheets Timesheets must be kept for all pr'oject staff whose hours will be charged to the project. The timesheets must be signed by the supervisor and clearly indicate hours spent on project activities. 59. Additional Documentation of Personnel for Department of Financial Services In accordance with Section 215.971, Florida Statutes, the Florida Department of Financial Services may require documentation validation that personnel services were performed on project-related activities in accordance with the contract agreement. 60. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct. The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal ,Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractOl", or other person has either 1) submitted a false claim for grant funds under the SFY2014 JA.G Standard Conditions Rev. 09/2013 Page 19 of 22 False Claims Act; or 2) committed a criminal or civil violation of 18\"IS pertaining 1:0 fraud, conflict of interest, brib r'9fY, 9 f·atl.lity, or similar misconduct involving grant funds 6'1. Task Force Training Requirement The subgrant recipient agrees that within '120 days of award, each member of a law enforcement task force funded with trlese funds who is a task force commander, agency executive, task force officer, or other task force mernr>er of eqUivalent rank, will complete required online (internet- based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and L.eadership (wv,:w,ct£lLor:g). All current and new task force members are reqUired to complete this training once during the life of tile award, or once every four years if multiple awards include this requirement. This training addresses task fOI"ce effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability, When FOLE award funds to support a task force, the subgrant recipient must compile and maintain a task force personnel roster along with course completion certificates, Additional information is available regarding this required training and access methods via 8JA's web site and the Center for Task Force Integrity and Leadership (~~,ctflLol:g), 62. Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable Subgrant recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 63. High Risk Subgrant Recipients The subgrant recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the U.S. Department of Justice determines that the subgrant recipient is a high-risk grantee. Cf. 28, C.F.R. parts 66, 70, 64. Text Messaging While Driving Pursuant to Executive Order '13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the subgrant recipient is encouraged to adopt and enforce policies banning employees fromytext messaging while driving any vehicle during the course of performing wor!~ funded by this subgrant and to establish worl<place safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 65. System for Award Management (SAM) The subgrant recipient must maintain current information in S/\1\Jl until it submits the final financial report required under this award or receives the final payment, whichever is later. This requires that the subgrant recipient review and update the information at least annually after the initial registration, and more frequently if required by changes in its information or another award term. 66. Maximum Allowable Salary No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the subgrant recipient whose total annual cash compensation exceeds '110% of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. (Tho salary table for SES empioyees is available at httpj/wl,;I/w.opm.gQy/ocJ!fp_Gl.yratesjindex,aw· A subgrant recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds) This limitation on compensation rates allowable under this award may be waived on an individual basis at tfle discmtion of the OJP official indicated in the program announcement under which this award is made. SFY2014 JAG Standard Conditions Rev, 09/2013 Page 20 of 22 t: ... vi., DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database If JAG pro(Jrarn funds will be used for DNA testing of evidentiary materiais, any resulting eligible Of\lA profiles must be uploaded to the Combined DNA Index System (COOlS), by a government ONA lab with access to COOlS. No profiles generated with JAG funding may be entered into any other non-governmental DNA database without prior express written approval from BJA. For more information, refer to the NIJ FY 20'12 DNA Backlog Reduction Pl'Ogram, available at t:l~j:r!),ggy(p!jmJ~~s.VJ:llil~lQDQ2~2,RQf 68. Interoperable Communications Guidance Subgrant recipients that are using funds to support emergency communications activities must comply with the current SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Emergency communications activities include the purchase of Interoperable Communications Equipment and technoiogies such as voice-oyer-internet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) Waiver Order, SAFECOM guidance ca n be fou nd a t ~YY'tw.,5(11;(~_(~9m.pr9.1.'Sml1LgqY.lJi..~)I<lry/Jj~t:?lU.bnJxY!Ili:m[~,~ITn:!:l$ px?Lll:·~J..14 .. Subgrant recipients Grantees interested in developing a public safety broadband network in the 700 MHz band in their jurisdictions must adhere to the technical standards set fOlth in the FCC Waiver Order, or any succeeding FCC orders, rules, or regulations pertaining to broadband operations in the 700 MHz public safety band. The subgrant recipient shall also ensure projects support the Statewide Communication Interoperability Plan (SCIP) and are fully coordinated with the full-time Statewide Interoperability Coordinator (SWIC). If any future regulatory requirement (from the FCC or other governmental entity) results in a material technical or financial change in the project, the recipient should submit associated documentation, and other material, as applicable, for review by the SWIC to ensure coordination, Subgrant recipients must provide a listing of all communications equipment purchased with grant award funding (plus the quantity purchased of each item) to FDLE once items are procured during any periodic programmatic progress reports. 69. Ballistic-Resistant and Stab Resistant Body Armor Subgrant recipients that wish to purchqse armor with JAG funds must certify that law enforcement agencies receiving vests have a written "mandatory wear" policy in effect. This policy must be in place for at least all uniformed officers before funding can be used by the agency for vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. FAQs related to the mandatory wear policy and certifications can be found at wvyyv.bja.goviFunding/JAGFAQ&4f . . JAG funds may be used to purchase armor for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program Body armor purchased with ,lAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List (http://nij.gov). In addition, body armor purchased must be American-made. The latest NIJ standard information can be found at: ~:Y~"'YLDij.,g~).:vit~mic;..::>I!(:~:IlI1..\!lQgy!t)()4y':~lrI1.1()X!:;QJt::ty:.i}ljliglj.v..~,.bl.m.· 70. BJA or FDLE Sponsored Events The subgrant recipient agrees to partiCipate in BJA· or FDI_E-sponsored training events, technical assistance events, or conference held by FOLE or BJ/\ or their designees, upon FOLE's or BJA's request. 71, Expenses Related to Conferences, Meetings, Trainings, and Other Events The subgrant recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where SFY2.014 JAG Standard Conditions Rev, 09(2013 Page 21 of 22 applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Inforrnation 011 pertinent laws, regulations, policies, and guidance is available at www.oip.gov/ft.mding!<;:QPJ<::()~t.J1Jm. 72. Environmental Requirements and Energy For subgrants in excess of $100,000, the sl.Ibgrant recipient must comply with all applicable standards, orders, or reqUirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h», sc;;ction 508 of the Clean Water Act (33 U.S.C, '1368), Executive Order '11738, and Environmental Protection Agency regulations (40 CFR part 15). The subgrant recipient must comply with Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L 94-'163, 89 Stat. 87'1), if any. 73. Other Federal Funds The subgrantee agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this award, and those awards have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this award, the subgrantee will promptly notify, in writing the grant manager for this award, and, if so requested by OCJG seek a budget modification or change of project scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 74. Monitoring The recipient agrees to comply with FDLE's grant monitoring guidelines, protocols, and procedures, and to cooperate with FDLE on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and lor site visits. The recipient agrees to provide FDLE all documentation necessary to complete monitoring of the award. Further, the recipient agrees to abide'by reasonable deadlines set by FDLE for providing requested documents. Failure to cooperate with FDLE grant monitoring activities may result in sanctions affecting the recipient's award, including, but not limited to: withholding andlor other restrictions on the recipient's access to funds referral to the Office of the Inspector General for audit review, deSignation of the recipient as a FDLE High Rick grantee, or termination of an award(s). t 75. Unmanned Aerial Vehicles The recipient agrees that awarded funds may not be expended on unmanned aircraft, unmanned aircraft systems, or aerial vellieles (US, UAS, or UAV) unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order. Additionally, any funding approved for this purpose would be subject to additional reporting, which would be stipulated by FDLE post award. SFY2014 JAG Standard Conditions Rev. 09/2013 Page 22 of 22. CERTl.FlCA r rlONF'ORlVl (:ompliance with the EquaJ Employment Opportunity ['Ian (EKOP) Requirements Please re(ld care/idly the instructions (see below) and then complete Section A or Sec/ion iJ ur 5,'ec!iol'l (:', not al! three. p(:Zt;i~~~;~~T,T~~~~~C-~H~Ji~tJI~Jli;i~~':;~~;~:~~~=-~=~'~~='~~:'~ ____ :=~:~==:~:~=~~IQ_~g[~Ll!!!l,r>.;~~~O~~~Jl?~20_~:-~_:=] ; _~~!;j!;t.· il~~.:P_J.'I:'~~::(~i'\~_i_?~lii~!~£}~:~~~~~~;-)~ ___ ~~:~~~=_:I{f6~1t.}~_u.r,~I~~I:_~_tJ._!~~:;!!-:~~p":~i§!O ___ -!_~~~~~J_Z~~~~~~~~_:.:fL?XJ_;g§_~~ ________ :_: ~~~~~~~~~~~5~~~~~---------- Section A----lIkdaratiofl Claiming C'ompletc Exemption from the EEOPRequirement Please cheL'k ali li1e jc. 110 wing boxes that apply: o Recipient has Jess than fitly employee~;_ [J Recipient is a nonprofit organization_ o Recipient is an Indian t.ribe, I] Recipient is a medical institution, o Recipient is an educational institution, il>-Recipient is receiving all award Jess than $25,000, r, _?;te_':.s:.ri_!\Je_?\j,lg~!0:_ . _____ ... _ _ _________ . ......... _______________________________________ ._______________ (responsible ofJh:iaIJ, n)l'ti ly-that_~;~l)' __ ~I~-;'?~ll_I.:.~/~!.ill,l~i_. ______ ._._. __ .. ____ ._______________________ ______________________________ __________ ._. _______ [rec ipi en;] is not required to prepare an EEOP Ii)!' the reason(s) checked abovc""pursuant 1'0 2iS C,F,R § 42.302. I further certify that_C'iJ.'LyLS_QD_tbi\tl i:lrnL_____ .. _ ._,--',::~~~ __ . __________ ~,---, _________ ,_________________ I: recipi e n/] wi!! (;ornply with applicable federal civil rights law~!)h::(t. pr(]hibiJ __ d~scrril11nation in employment and in the delivery of services. // _§~:y_~J.!c,,:\_.t(;!?:,!.!].~!er, (~:_lt.'L:~~l~.:!l..'!.g.0::....... ________________ ,.:::~-:~':----_~::,::~=____ _____ . __________________ __________ J22cell1b~ffi__'__ 2 01 J _____ _ PrinlOl' 1)'P" Name and Tid" / /' ' Sign(l/Ilre Dute --/~.::-'-- SectionB -Declaration Claiming E}(~;npdon frorn the REO]) Submission Requirement and Certifying That: an .EEOP Is on File for Ht:vi¢~'1 {fa recipient agency has/liiy or more employees (lnd is receilJin.g a single award or subaward of~25,()()O or more, hUlles.\' {han $500,O()O, then the recipient agency does nor have to I'ubmil an EEOP to the OCRjor review as lon[; as it certifies ;i1ej(Jllowing (42 C.F_R. § 42.305): I, ____________________________________ ". _____________ .... ,, ________________ . _________________ .. _______ _________________________________________. [responsible oJJicial], certify [hat ________________________________________________________ .. _______________________ [recipient], which has fifty or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E, I ftuiher certify that within the last twenty--t(JUf months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable feclerallaw, it is available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Rights, Office of Justice Programs, U.S, Deparlmeni ofJustice. The REO]> is on file at the following office: ... ______ . ________________________ .__ ___ ___ _____________ . ____________________________________________________ . ______________ . __ . lorg anizal if) n ], _______________________________________________________________________________________ .. ___________________________________________________ . _________________________________ [address]_ Print OJ' T:;pe Naille and Title Signature Scetion C-~D(~dal'ation Stating that an EEOP litiii:r.ationReport Has Been Submitted to the Office for «'nvil Rights for Revie-,;~' !/a /'er.'iptcnt agency hu'''-jljiy f)r mOl"{:; emp/().yecs and i.\' receiving d single award 01' :{u/uH1)(Jrd qj"S500, (Jon OJ' more, then Ihe reCipient .. lgeDI:,v mus( .w;Jld an E/~'()P U{ili:Ullion Repol'f to Ihe ()CRji;H' ;"evie!\l. 1,_________________________________ _______ _____ .'.' ___ .. _ ..___ _____ ________________ .___ ______________________ _ _____ _ I responsible (J!tld (l {I, certify thar . __ .. _____________ _ ________________________________________________ . _______________________________________ !recipienl], which has I'iny 01.' more cnlpioye,;s and i:-; receiving a :;ing,1e award of $.'iOO,OOO or more, has formulated ,HI EEOP in accnrdancIC' I"vilh 28 eFR pl. /12. :,:uiJpL E~, ;md :,eni it f(),-revievv on ____________________ ___ .. _ [datei to Ihe Office for Civil Rights, Office of Justice Programs, U.S_ Department of Justice Oore Application for Funding ,/.\sshdance Florida Department of Law Enforcement Justice Assistance Grant -Direct In witnes~, whereof, the paliies affirm tlley each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Com~ctjons on this page, including Strikeovers, whilteout, etc. are not acceptable . Signature: .. ".~ .. l._j[(~Z)~L'\LL~:~T··=l:b(2L.;·"···'(> ___ .. ___ ._. _______ ... "" ___ _ Typed Name and Title: Petrina T . Hclrr)l1g, Administrator Date: . __ ._~ ________ • __ ._~ __ ~c_··~ _____ ~_,~~·~~;"_i----------------. __________ ..... . :::~UN~~e O~:"fZ~1 r;lz:tJi~=s~~~>J~~i==~=_~~~===:=== Typed Name and Title: ~::_~~~_ip K .. Stodd~:d, M~z:~: ofSout~_~i~_Il1i.... ___ ... _. ____ .. ___ .. _ .. Date: l/221201_~ _____ _ Typed Name of Implementing f\qency: Signature: Typed Name and Titln: uate: 1~f .. o'!'--l "1 ... ".·l# JiklKf6Q:!:Gt-:t;--~'!.l'J----.-.-...... ------------.-...... ---.---------.. -... -.... --.. --.-- Application ReF # 20H-JNJO-1S70 Section #6 Page 1 of Contract 2014-.JAGO-OAOE-5-E6- Ruie Reference 11 D-9.006 OC,JG-005 (rev. April 2005) South Miami FY2014 Contract MIAMI·DADE COUNTY CONTRACT t,.1-ot , 111M This Contract, made this ~ day of ~ 2013, by and between Miami-Dade County, a political subdivision of the State of Florida (hereinafter referred to as "County") through its Office of Management and Budget (hereinafter referred to as "Department"), located at 111 N.W. First Street, 19th Floor Miami. FL 33128, and the CITY of SOUTH MIAMI a municipality located in Miami-Dade County, Florida (hereinafter referred to as "Provider"). This Contract provides the terms and conditions pursuant to which the Provider shall provide a Records Improvement Project. WHEREAS, the County has been awarded federal funds from the Drug Control and System Improvement Formula Grant Program under Public Law 100-690, the Federal Anti-Drug Abuse Act of 1988, hereinafter referred to as the ACT; and WHEREAS, the Provider warrants and represents that it possesses the legal authority to enter into this Contract by way of resolution, motion or similar action that has been duly adopted or passed as an official act of the Provider's governing body, authorizing the execution of the Contract, including all understandings and assurances contained herein, and authorizing the person identified as the official representative of the Provider to carry out on behalf of the Provider all of the duties and responsibilities set forth in this Contract; and WHEREAS, this Contract shall be deemed effective upon award of grant funds by the State of Florida Department of Law Enforcement, Office of Criminal Justice Grants to Miami-Dade County or when this Contract has been duly executed by both parties, whichever is later; and WHEREAS, the County is desirous of supporting an expansion of the services provided by the Records Improvement Project by providing a portion of the federal funds awarded to Miami-Dade County to the Records Improvement Project; and WHEREAS, the County as grantee for the State of Florida is authorized to contract for said services for the Records Improvement Project as an allowable activity under the ACT; and WHEREAS, the County requires the above-mentioned services from the Provider in order to fulfill its contractual obligations under the aforementioned grant, NOW, THEREFORE, for and in consideration of the mutual covenants recorded herein, the parties hereto agree as follows: I. AMOUNT PAYABLE Subject to available funds, the maximum amount payable for services rendered under this Contract, shall not exceed $2,452, Both parties agree that should available County funding be reduced, the amount payable under this Contract may be proportionately reduced at the option of the County. Availability of funds shall be determined in the sole discretion of the County. 1 of 15 II. SCOPE OF SERVICES. The Provider agrees to render services in accordance with the Scope of Services incorporated herein and attached hereto as Attachment A. III. EFFECTIVE TERM. The effective term of this Contract shall be from October 1, 2013 through July 31, 2014. IV. CASH MATCH REQUIREMENT. The Provider shall maintain sufficient financial resources to meet the expenses incurred during the period between the provision of services and payment by the County; however a Cash Match is not required for this grant term. V. REQUIREMENTS RELATED TO USE OF ANTI-DRUG ABUSE FUNDS UNDER THE DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM A. Regl}irements of the Anti-Drug Abuse Act. The Provider agrees to abide by all of the requirements of the Anti-Drug Abuse Act of 1988 under the Drug Control and System Improvement Formula Grant Program, as may be amended from time to time, as well as with Chapter 110-9 of the Florida Administrative Code, and all applicable federal, state and local laws, regulations and policies. Furthermore, the Florida Department of Law Enforcement, Business Support Program, Office of Criminal Justice Grants, Edward Byrne Memorial Justice Assistance Grant Program Application for Funding Assistance and all laws, rules, regulations relating thereto are incorporated herein by reference as if fully set forth. Furthermore, this award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 or A-102, as applicable, and A-21 , in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of Public Law 90-351, as amended, and Public Law 100-690. B. Supplanting. The Provider agrees that funds received under this Contract shall be utilized to supplement, not supplant state or local funds, and will be used to increase the amounts of such funds that WOUld, in the absence of grant funds, be made available for anti- drug law enforcement activities, in accordance with Rule Chapter 11 D-9, Florida Administrative Code. VI. CONTINUITY OF SERVICES. Provider agrees to provide optimal continuity of services by assuring that services are provided by the same person whenever possible and, if not, by a qualified replacement when necessary. VII. PROGRAM CONTACT. Provider shall designate a contract coordinator who shall be responsible for: 1) monitoring the Provider's compliance with the terms of this Contract and; 2) whenever the County so requests, meeting with County staff to review such compliance. VIII. INDEMNIFICATION BY THE PROVIDER. The Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature ariSing out of, relating to or resulting from the performance of this Contract by the Provider or its employees, agents, servants, partners, principals or subcontractors. Provider shall pay all claims and losses in 2 of 15 connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. The provisions of this section or indemnification shall survive the expiration or termination of this Contract. Nothing herein shall be construed to extend any party's liability beyond that provided in section 768.28, Florida Statutes. IX. INSURANCE. If Provider is an agency or a political subdivision of the State as defined by section 768.28, Florida Statutes, the Provider shall furnish the County, upon request, written verification of liability protection in accordance with section 768.28, Florida Statutes. X. LICENSURE AND CERTIFICATION. The Provider shall ensure that all other licensed professionals providing Records Improvement services shall have appropriate licenses, training and experience in the field in which he/she practices and abide by all applicable State and Federal laws and regulations and ethical standards consistent with those established for his/her profession. Ignorance on the part of the Provider shall in no way relieve it from any of its responsibilities in this regard. The Provider agrees to comply with all applicable laws, regulations, ordinances and resolutions regarding background screening of employees, volunteers and subcontractors. Provider's failure to comply with any applicable laws, regulations, ordinances and resolutions regarding background screening of employees, volunteers and subcontractors is grounds for a material breach and termination of this contract at the sole discretion of the County. The Provider agrees to comply with all applicable laws (including but not limited to Chapters 39, 402, 409, 394, 408, 393, 397, 984, 985 and 435, Florida Statutes, as may be amended form time to time), regulations, ordinances and resolutions, regarding background screening of those who may work or volunteer with vulnerable persons, as defined by section 435.02, Florida Statutes, as may be amended from time to time. In the event criminal background screening is required by law, the State of Florida and/or the County, the Provider will permit only employees and subcontractors with a satisfactory national criminal background check through an appropriate screening agency (Le., the Florida Department of Juvenile Justice, Florida Department of Law Enforcement or Federal Bureau of Investigation) to work or volunteer in direct contact with vulnerable persons. The Provider agrees to ensure that employees and subcontracted personnel who work with vulnerable persons satisfactorily complete and pass Level 2 background screening before working or volunteering with vulnerable persons. Provider shall furnish the County with proof that employees, volunteers and subcontracted personnel, who work with vulnerable persons, satisfactorily passed Level 2 background screening, pursuant to Chapter 435, Florida Statutes, as may be amended from time to time. If the Provider fails to furnish to the County proof that an employee, volunteer or subcontractor's Level 2 background screening was satisfactorily passed and completed prior to that employee or subcontractor working or volunteering with a vulnerable person or vulnerable 3 of 15 persons, the County shall not disburse any further funds and this Contract may be subject to termination at the sole di~cretion of the County. XI. CONFLICT QLtN'-EREST. The Provider agrees to abide by and be governed by the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance codified at Section 2-11.1 et .& of the Code of Miami-Dade County, as may be amended from time to time, which is incorporated herein by reference as if fully set forth herein, in connection with its Contract obligations hereunder. ttepotism.. The Provider will comply with section 112.3135 of the Florida Statutes regarding restrictions on employment of relations. XII. CIVIL RIGHTS. The Provider agrees to abide by Chapter 11A of the Code of Miami- Dade County ("County Code"), as amended, which prohibits discrimination in employment, housing and public accommodations: Title VII of the Civil Rights Act of 1968, as amended, which prohibits discrimination in employment and public accommodation; the Age Discrimination Act of 1975, 42 U.S.C., §2000d as amended, which prohibits discrimination in employment because of age; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §794, as amended. which prohibits discrimination on the basis of disability; and the Americans with Disabilities Act, 42 U.S.C. §12103 et §.lliL, which prohibits discrimination in employment and 3ycommodation because of disability. It is expressly understood that upon receipt of evidence of discrimination under any of these laws, the County shall have the right to terminate this Contract. It is further understood that the Provider must submit an affidavit attesting that it is not in violation of the Americans with Disability Act, the Rehabilitation Act, the Federal Transit Act, 49 U.S.C. §1612, and the Fair Housing Act, 42 U.S.C. §3601 et seq. If the Provider or any owner, subsidiary, or other firm affiliated with or related to the Provider, is found by the responsible enforcement agency, the Courts or the County to be in violation of these Acts, the County will conduct no further business with the Provider. Any contract entered into based upon a false affidavit shall be voidable by the County. If the Provider violates any of the Acts' during the term of any Contract the Provider has with the County, such contract shall be voidable by the County, even if the Provider was not in violation at the time it submitted its affidavit. The Provider agrees that it is in compliance with the Domestic Violence Leave Ordinance, codified as § 11A-60 et seq. of the Miami-Dade County Code, which requires an employer, who in the regular course of business has fifty (50) or more employees working in Miami-Dade County for each working day during each of twenty (20) or more calendar work weeks to provide domestic violence leave to its employees. Failure to comply with this local law may be grounds for voiding or terminating this Contract or for commencement of debarment proceedings against Provider. XIII. NOTICES. Notice under this Contract shall be sufficient if made in writing and delivered personally or sent by mail or by facsimile to the parties at the following addresses or to such other address as either party may specify: 4 of 15 If to the COUNTY; If to the PROVIDER: Miami-Dade County Office of Management and Budget 111 NW First St., 19th Floor Miami, Florida 33128 Attention: Ms. Michaela Doherty South Miami Police Department 6130 Sunset Drive South Miami, FL 33143 Attention: Ms. Jennifer Korth XIV. AUTONOMY. Both parties agree that this Contract recognizes the autonomy of and stipulates or implies no affiliation between the contracting parties. It is expressly understood and intended that the Provider is only a recipient of funding support and is not an agent or instrumentality of the County. Furthermore, the Provider'S agents and employees are not agents or employees of the County. X)/. BREACH OF CONTRACT: COUNTY REMEDIES. A. Breach. A breach or default by the Provider shall have occurred under this Contract if: (1) The Provider fails to provide services outlined in the Scope of Services (Attachment A) within the effective term of this Contract; (2) the Provider ineffectively or improperly uses the funds allocated under this Contract; (3) the Provider fails to submit, or submits incorrect or incomplete proof of expenditures to support reimbursement requests or fails to submit or submits incomplete or incorrect detailed reports of expenditures or final expenditure reports; (4) the Provider does not submit or submits incomplete or incorrect required reports; (5) the Provider refuses to allow the County access to records or refuses to allow the County to monitor, evaluate and review the Provider's program; (6) the Provider discriminates under any of the laws outlined in Section XII of this Contract; (7) the Provider fails to provide Domestic Violence Leave to its employees pursuant to local law; (8) the Provider falsifies or violates the provisions of the Drug Free Workplace Affidavit (Attachment D); (9) the Provider attempts to meet its obligations under this Contract through fraud, misrepresentation or material misstatement; (10) the Provider fails to correct deficiencies found during a monitoring, evaluation or review within the specified time; (11) the Provider fails to meet any of the terms and conditions of the Miami-Dade County Affidavits (Attachment D); (12) the Provider fails to meet any of the terms and conditions of any obligation under any contract or otherwise or any repayment schedule to any of its agencies or instrumentalities; (13) the Provider fails to fulfill in a timely and proper manner any and all of its obligations, covenants, agreements and stipulations in this Contract. Waiver of breach of any provisions of this Contract 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 Contract; or (14) The Provider has failed to comply with the public records disclosure requirements set forth in Section 119.0701 of the Florida Statutes. C. County ReiTledies. If U-18 Provider breaches chi::; Contract, the County may pursue any or all of the following remedies: 5 of 15 1. The County may terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of termination. In the event of termination, the County may: (a) request the return of all finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports prepared and secured by the Provider with County funds under this Contract; (b) seek reimbursement of County funds allocated to the Provider under this Contract; (c) terminate or cancel any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such termination, including attorney's fees; 2. The County may suspend payment in whole or in part under this Contract by providing written notice to the Provider of such suspension and specifying the effective date thereof, at least five (5) days before the effective date of suspension. If payments are suspended, the County shall specify in writing the actions that must be taken by the Provider as condition precedent to resumption of payments and shall specify a reasonable date for compliance. The County may also suspend any payments in whole or in part under any other contracts entered into between the County and the Provider. The Provider shall be responsible for all direct and indirect costs associated with such suspension, including attorney's fees; 3. The County may seek enforcement of this Contract including but not li'l1ited to filing action with a court of appropriate jurisdiction. The Provider shall be responsible for all direct and indirect costs associated with such enforcement, including attorney's fees; 4. The County may decline to contract with the Provider in the future; 5. If, for any reason, the Provider should attempt to meet its obligations under this Contract through fraud, misrepresentation or material misstatement, the County shall, whenever practicable terminate this Contract by giving written notice to the Provider of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. The County may terminate or cancel any other contracts which such individual or entity has with the County. Such individual or entity shall be responsible for all direct or indirect costs associated with such termination or cancellation, including attorney's fees. Any individual or entity who attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement may be disbarred from County contracting for up to five (5) years; , 6. Any other remedy available at law or equity. C. The County Mayor or Mayor's designee is authorized to terminate this Contract on behalf of the County. D. Damages Sustained. Notwithstanding the above, the Provider shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the Contract, and the County may withhold any payments to the Provider until such time as the exact amount of damages due the County is determined. The Provider shall be responsible for all direct and indirect costs associated with such action, including attorney's fees. XVI. TERMINATION BY EITHER PARTY. Both parties agree that this Contract may be terminated by either party hereto by written notice to the other party of such intent to terminate 6 of 15 at least thirty (30) days prior to the effective date of such. termination. The County Mayor or Mayor's designee is authorized to terminate this Contract on behalf of the County. XV!!. PROJECT BUDGET AND PAYMENT PROCEDURES. The Provider agrees that all expenditures or costs shall be made in accordance with the Budget which is attached herein and incorporated hereto as Attachment B. A. Budget Variance. Funds may be shifted between approved line items, not to exceed ten percent (10%) of the total budget, without a written amendment, upon written approval of the Department. Variances greater than ten percent (10%) in any approved line item shall require a written amendment signed by both parties. B. Recapture Funds. At the conclusion of the second quarter and upon submission of the Quarterly Performance Report and Expenditure Report, the County will review the Provider's Year~To~Date expenditures. 1. Municipalities reporting remaining balances which exceed expenditure levels for normal program operations must submit a plan which documents those steps the municipality will take in the Third Quarter to fully expend the contract by the end of the program period. 2. This expenditure plan must be approved by the County. 3. Where the municipality does not anticipate full expenditures by the end of the program period, the County will recapture the anticipated unexpended amount for use in another program, without a formal amendment process, and will notify the Provider in writing of the recapture amount. C. Payment Procedures. The County agrees to pay the Provider for services rendered under this Contract based on the line item budget incorporated herein and attached hereto as Attachment B. The parties agree that this is a cost-basis Contract and the Provider shall be paid through reimbursement payment for allowable expenses on the budget approved under this Contract (see Attachment 8). The Provider agrees to invoice the County for each Records Improvement Project using the Quarterly Expenditure Report as it appears in Attachment 0, and to do so on a quarterly basis, as stated in Section XIX. B.2., the Quarterly Expenditure Report shall be prepared in a manner in accordance with the form provided in Attachment D. The final Expenditure Report shall be submitted by August 15, 2014 D. The Provider agrees to mail all invoices to the address listed above, Section XIII. E. The County agrees to review invoices and to inform the Provider of any questions. Payments shall be mailed to the Provider by the County's Finance Department. F. No payment of subcontractors. In no event shall County funds be advanced directly to any subcontractor hereunder. 7 of l5 XVIII. INVENTORY -CAPITAL EQUIPMENT AND REAL PROPERTY, A. Acquisition of Property. The Provider is required to be prudent in the acquisition and management of property with federal funds. Expenditure of funds for the acquisition of new property, when suitable property required for the successful execution of projects is already available within the Provider organization, will be considered an unnecessary expenditure. B. Screening. Careful screening should take place before acquiring property in order to ensure that it is needed with particular consideration given to whether equipment already in the possession of the Provider organization can meet identified needs, the cost of the proposed equipment and the size of the Provider organization. The Provider shall maintain an adequate property management system. The establishment of a screening committee may facilitate the process; however, the Provider may utilize other management techniques which it finds effective as a basis for determining that the property is needed and that it is not already within the Provider'S organization. The County must ensure that the screening referenced above takes place and that the Provider has an effective system for property management. The Provider is hereby informed that if the County is made aware that the Provider does not employ an adequate property management system, project costs associated with the acquisition of the property may be disallowed. C. Loss, Damage or Theft of Equipment. The Provider is responsible for replacing or repairing any property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official project records. D. Equipment Acquired with Funds under this Contract. Equipment acquired shall be used and managed by the Provider to ensure that the equipment is used for criminal justice purposes. E. Management. The Provider's procedures for managing equipment (including replaqement), whether acquired in whole or in part with project funds, will, at a minimum, meet the following requirements: 1) Property records must be maintained which include description of property, serial number or other identification number, source of the property, identification of who holds the title, acquisition date, costs of the property, percentage of County participation in the cost of the property (Federal funds), location of property, use and condition of the property, disposition data including the date of disposal and sale price; 2) a physical inventory of the property must be taken and the results reconciled with the property records at least once every two (2) years; 3) a control system must exist to ensure adequate safeguards to prevent loss, damage or theft of the property. Any loss, damage, or theft shall be investigated by the Provider as appropriate; 4) adequate maintenance procedures must exist to keep the property in good condition; and 5) if the Provider is authorized or required to sell the property, proper sales procedures must be established to ensure the highest possible return. F. Retention of Property Records. Records for eqUipment, nonexpendable personal property, and real property shall be retained for a period of at least five (5) years from the date of the disposition or replacement or transfer at the discretion of the County. If any litigation, claim, or audit is started before the expiration of the five-year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 80fl5 XIX. RECORDS, REPORTS, MONITORING AUDITS, AND EVALUATION STUDIES. The Provider shall keep records of program services in sufficient detail to provide any reports that may be requested by the County. A. Records. All program records will be retained by the Provider for not less than five (5) years beyond the term of this Contract. In accordance with contract requirements from the State of Florida, records for the Records Improvement Project services must reflect: 1. The names of staff providing services as described in Attachment A. 2. The dates and number of hours the staff provided services. 3. The dates of services and activities and the names of program participants in attendance to such as described in Attachment A. 4. The records of all other program services provided under this Contract. Pursuant to Section 119.0701 of the Florida Statutes, if the Provider meets the definition of "Contractor" as defined in Section 119.10701 (1 )(a), the Provider shall: . (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential an exempt from public records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all requirements for retaining public records and transfer to the County, at no County cost, all public records created, received, maintained and or directly related to the performance of this Agreement that are in possession of the Provider upon termination of this Agreement. Upon termination of this Agreement, the Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. For purposes of this Article, the term "public records'" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the County. B. Reporting Requirements. 1. Quarterly and Final Project Performance Report: The Provider shall submit the Quarterly Project Performance Report to the Office of Management and Budget by Januarj 5, April 5, July 5, and the Final Perforrnance Report August 5, 2014 covering the Contract activity for the previous quarter. The Quarterly and Final Project Performance Report shall be submitted in the format and using the form attached hereto as Attachment C. 9 of 15 2. Quarterlv an~ Final Expenditure Regort. The provider shall submit the Quarterly Expenditure Report with supporting documentation to the Office of Management and Budget by January 15, April 15, July 15, and the Final Expenditure Report August 15, 2014 covering the expenditures to be reimbursed for the previous quarter. The Quarterly and Final Expenditure Report shall be submitted in the format and using the form attached hereto as Attachment D. 3. Qther Required Reports. The Provider shall submit other reports as may be required by the Office of Management and Budget during the program period. C. Changes to Reoorting Requirements. The Provider understands that the County may at any time require changes in data collected, records or reporting, as may be necessary and agrees to comply with any such modifications. D. Monitoring and Audit. The Provider shall make available for review, inspection, monitoring or audit by the County without notice during normal business hours all financial records and other program records and documents which relate to or have been produced or created as a result of this Contract. The Provider s,hall provide assistance as may be necessary to facilitate a financial/program audit when deemed necessary by the County to ensure compliance with applicable accounting and financial standards. The County reserves t~e right to require the Provider to submit to an audit of the County's choosing. Furthermore, the Provider understands, it may be subject to an audit, random or otherwise, by the Office of the Dade County Inspector General or independent private sector inspector general retained by the Office of the Inspector General. E. Office of Miami-Dade Countv Insoector General. Miami-Dade County has established the Office of the Inspector General, which is empowered to perform random audits on all County contracts throughout the duration of each contract. Grant recipients are exempt from paying the cost of the audit, which is normally 114 of 1 % of the total contract amount. The Miami-Dade County Inspector General is authorized and empowered to review past, present and proposed County and Public Health Trust Programs, contracts, transactions, accounts, records, and programs. In addition, the Inspector General has the power to subpoena witness, administer oaths, require the production of records and monitor existing projects and programs. Monitoring of an existing project or program may include a report concerning whether the project is on time, within budget and in compliance with plans, specifications and applicable law. The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders to the Contract. The Inspector General is empowered to retain the services of independent private sector inspectors general to audit. investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, proposal submittals, activities of the Provider, its officers, agents and employees, lobbyists, County staff and elected officials to ensure compliance with contract specifications and to detect fraud and corruption Upon ten (10) days prior written notice to the Provider from the Inspector General or IPSIG retained by the Inspector General, the Provider shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. The Inspector General and IPSIG shall have the right to inspect and copy all documents and 10 of 15 records in the Provider's possession, custody or control which, in the Inspector General or IPSIG's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and Contracts from and with successful and unsuccessful subcontractors and suppliers, ali project-related correspondence, memoranda, instructions, financial documents, construction documents, proposal and contract documents, back-charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this section shall apply to the Provider, its officers, agents, employees, subcontractors and suppliers. The Provider shall incorporate the provisions in this section in all subcontracts and all other Contracts executed by the Provider in connection with the performance of the contract. Nothing in this contract shall impair any independent right of the County to conduct audit or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the County by the Provider or third parties. F. Independent Private Sector Inspector General Reviews. Pursuant to Miami- Qade County Administrative Order 3-20, the Provider is aware that the County has the right to retain the services of an Independent Private Sector Inspector General (1IPSIG"), whenever the County deems it appropriate to do so. Upon written notice from the County,'the Provider shall make available to the IPSIG retained by the County, all requested records and documentation pertaining to this Contract for inspection and copying. The County shall be responsible for the payment of these IPSIG services, and under no circumstances shall the Provider's budget and any changes thereto approved by the County, be inclusive of any changes relating to these IPSIG services. The terms of this provision herein, apply to the Provider, its officers, agents, employees, subconsultants and assignees. Nothing contained in this provision shall impair any independent right of the County to conduct an audit or investigate the operations, activities and performance of the Provider in connection with this Contract. The terms of this Section shall not impose any liability on the County by the Provider or any third party. G. Evaluation Studies. The Provider agrees to participate in evaluation stUdies sponsored by the administrative agent for these funds from the Florida Department of Law Enforcement, Business Support Program, and Office of Criminal Justice Grants. This participation shall at a minimum include access to the Provider's premises and records. xx. PROHIBITED USE OF FUNDS. A. Adverse Actions or Proceeding. The Provider shall not utilize County funds to retain legal counsel for any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. The Provider shall not utilize County funds to provide legal representation, advice or counsel to any client in any action or proceeding against the County or any of its agents, instrumentalities, employees or officials. B. Religious Purposes. County funds shall not be used for religious purposes. II of 15 C. Commingling Funds. The Provider shall not commingle funds provided under this Contract with funds received from any other funding sources. D. Double Payments. Provider costs claimed under this Contract may not also be claimed under another contract or grant from the County or any other agency Any claim for double payment by Provider shall be considered a material breach of this Contract. XXI. MISCELLANEOUS. A. Contract. This Contract is the complete and exclusive statement of all the arrangements between the County and the Provider regarding provision of the services described in Attachments A and B. Nothing herein shall alter, affect, modify, change or extend any other agreement between the Provider and the County unless specifically stated herein. B. Amendments and Modifications.. Except as otherwise enumerated herein, no amendment to this Contract shall be binding on either party unless reduced to writing, signed by both parties, and approved by the County Mayor or Mayor's designee. Provided, however, that the County may effect amendments to this Contract without the written consent of the Provider, to conform this Contract to changes in the laws, directives, guidelines, and objectives of C,ounty, State and Federal Governments. Any alterations, variations, amendments, or other modifications of this Contract, including but not limited to amount payable and effective term, shall only be valid when they have been reduced to writing, duly approved and signed by both parties and attached to the original of this Contract. In the event the County determines that a reduction in the Provider's budget is necessary, the County shall notify the Provider in writing within thirty (30) days of said reduction decision. Budget revision requests must be submitted in writing by the Provider to the Office of Management and Budget (OM B). Budget revision requests will be effective upon the date of written approval by the State of Florida Department of Law Enforcement. C. Ownership of Data and Other Material. All reports, information documents, tapes and recordings, maps and other data and procedures developed, prepared, assembled or completed by the Provider in connection with the duties and responsibilities undertaken by the Provider in accordance with the terms of this Contract shall become the property of the County without restriction, reservation or limitation of their use and shall be made available to the County by the Provider at any time upon request by the County. Upon completion of all work contemplated under this Contract, copies of all of the above data shall be delivered to the County upon request. D. Contract Guidelines. This Contract is made in the State of Florida and shall be governed according to the laws of the State of Florida. Proper venue for this Contract shall be Miami-Dade County, Florida. Nothing in this contract shall be considered a waiver of sovereign immunity. E. Publicity. It is understood and agreed between the parties hereto that this Provider is funded by Miami-Dade County. Further, by acceptance of these funds, the Provider 120f15 agrees that events and printed documents funded by this Contract shall recognize the funding source as follows I rllS program was supported by a grant awarded to Miami-Dade County, the Florida Department of Law Enforcement (FDLE) and the U.S, Department of Justice, Bureau of Justice Assistance (BJA) F. Subcontracts. The Provider agrees not to enter into subcontracts, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose of this Contract, or any or all of its rights, title or interest herein, or its power to execute such Contract without the prior written approval of the County and that all subcontractors or assignees shall be governed by the terms and conditions of this Contract. If this Contract involves the expenditure of $100,000 or more by the County and the Provider intends to lise subcontractors to provide the services listed in the Scope of Services (Attachment A) or suppliers to supply the materials, the Provider shall provide the names of the subcontractors and suppliers on the form attached as Attachment E. The Provider agrees that it will not change or substitute subcontractors or suppliers from those listed in Attachment E without prior written approval of the County. G. ,Review of thi~ Contract. Each party hereto represents and warrants that they have consulted with their own attorney concerning each of the terms contained in this Contract. N.o inference, assumption, or presumption shall be drawn from the fact that one party or its attorney prepared this Contract. It shall be conclusively presumed that each party participated in the preparation and drafting of this Contract. H. Headings, Use of Singular and Gender. Paragraph headings are for convenience only ana are not intended to expand or restrict the scope or substance of the provisions of this Contract. Wherever used herein, the Singular shall include the plural and plural shall include the singular and pronouns shall be read as masculine, feminine or neuter as the context requires. I. Total of Contract/Severabilitv of Provisions. This fifteen (15) page Contract with its recitals on the first page of the Contract and with its attachments as referenced below contain all the terms and conditions agreed upon by the parties: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment E 1: Attachment E2: Attachment E3: Attachment F: Scope of Services Budget Quarterly Project Performance Report Quarterly Expenditure Report Miami-Dade County Affidavits Code of Business Ethics Miami-Dade County Debarment Disclosure Affidavit State Public Entities Crime Affidavit Provider's Disclosure of Subcontractors and Suppliers No other Contract, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or bind any of the parties hereto. If any provision of this Contract is held invalid or void, the remainder of this Contract shall not be affected thereby if such remainder would then continue to conform to the terms and requirement of applicable law. 13 of 15 INTENTIONALLY LEFT BLANK [4 of lS IN WITNESS WHEREOF. the parties hereto have caused this Contract, along with all of its Attachments, to be executed by their respective and duly authorized officers. the day and year first above written. Name (typed) A-TTEST: ~/~'(~o;( '" ~:;? ...... ~, --«<=> --Maria M. Menendez . ATTEST: //'.;.--.~.-~ ~, " "--. HARVEY RUVf1\i CLERK-"--"-~._ /--7---"~"--'-"-'-.~~<~Ei;;w.~o:.". BY:a~PU~YCLERKd_' ltf..;,,,'· ;:"-;',\" ~ ,>"~ :' . ." " " ., ... '. , .'~' 15 of 15 8y: __________________ _ (Corporate Seal) MIAMI-DADE COUNTY. FLORIDA ATTACHMENT A ATTACHMENT B ATTACHMENT C ATTACHMENT D ATTACHMENT E ATTACHMENT E1 ATTACHMENT E2 ATTACHNENT E3 ATTACHMENT F SUMMARY OF ATTACHMENTS Scope of Services Program Budget Quarterly Project Performance Report Quarterly Expenditl)re Report Miami-Dade County Affidavits Code of Business Ethics Miami-Dade County Debarment Disclosure Affidavit State Public Entities Crime Affidavit Provider's Disclosure of Subcontractors and Suppliers PROGRAM NARRATIVE Jurisdiction Name: South Miami Address: 6130 Sunset Drive South Miami, FL 33143 Program Area: Records Improvement Program Name: Records Improvement Problem Identification ATTACHMENT A Contact Person: Jennifer Korth Contact Numbers: (305) 668-2514 Program Oates:10/1/13 through 7/31/14 Target Population: City residents & visitors T,he South Miami Police Department is still in the process of converting to a paperless system for criminal justice reporting. The department has been seeking funding to support the purchase of laptop computers for police officers. Laptops will enable officers to work more efficiently and accurately when preparing reports. Although the department has been able to secure some funding for the conversion, the police officers are still in need of updated computer eqUipment for daily operations. Because the Police Department has not had the funds for updating much needed laptops, grant funds have been identified to purchase the equipment. Program Description The South Miami Police Department will utilize FY 2014 JAG funds to purchase three (3) laptop computers for police officers. The equipment will make it possible to access necessary data at a higher speed, therefore increasing productivity. Funding will allow the South Miami Police Department to continue its efforts to upgrade equipment used to manage criminal justice data, while increasing efficiency and effectiveness. In addition, the laptops will allow the officers to reduce the time needed to store data and record keeping. Moreover, the department can share information with other local law enforcement agencies. In an effort to improve the management and maintenance of criminal justice data, the department will use this year's JAG funding to purchase three (3) laptop computers. Jurisdiction Name: South Miami Address: 6130 Sunset Drive South Miami, FL 331543 Program Area: Records Improvement Program Name: Records Improvement Contact Person: Jennifer Korth Contact Numbers: (305) 668-2514 Program Oates:10/1/13 through 7/31/14 Target Population: City residents & visitors F~~~~CtTVlti~L_~~I-=i~~~~ea~1=~iingElan-~1 I To purchase equipment for The Provider shall be I The Provider is to submit the I criminal justice records i responsible for: following information to the . improvement activities in this ! County in a complete and timely project. Purchase three (3) laptop manner: computers for police officers. , __________________________________________________ L I Quarterly Performance Reports Quarterly Expenditure Reports I Copies of purchase orders, ! invoices and cancelled checks i for materials purchased. Demonstration of new computers. ____ L ___________ _ PROGRAM BUDGET Attachment B JLlrisdiction Name: South Miami Contact Person: Jennifer Korth Program ,1Vea: Records Impl"ovement (305) 668·,25 '14 Program Name: Records Improvement Program Dates: 10/01/13 -07/31/14 CONTRACTUAL SERVICES TOTAL $2,452 Salaries and Benefits, Total $0 Operating Capital Outlay $0 Expenses, Total $2,452 Three (3) Laptop Computers $2,452 (includes power cord, '1 year warranty & shipping/handling) Total Budget $2,452 Dade County will reimburse an amount not to exceed: _~2,452 South Miami (City) (Project Name) ATTACHMENT C Edward Byrne Memorial Justice Assistance Grant Program Drug Control and System Improvement Formula Grant Program Quarterly Project Performance Report RECORDS IMPROVEMENT Fiscal Year2014 (Nflme of Person Completing Form) (Title) (Phone) Report Number Quarterly Period Report Due Dates 1 October 1 -December 31 January 5 2 January 1 -March 31 April 5 3 April 1 -June 30 July 5 4 (FINAL) July 1 -July 31 Auqust 5 Note: Those questions that are directly related to your program have been highlighted for your convenience. All questions must be answered and explained in the NARRATIVE portion of this report. Any report not received by January 5; April 5; July 5; and/or October 5, will result in the issuance of a "Noncompliance Notice" and a delay or denial of Reimbursement Requests. FY2014 Quarterly Project Report Records Improvement South Miami Please answer the following questions based on activity that occurred in the previous quarter. 1 Amount of JAG funds expended on equipment and/or supplies 2 Number of equipmenUsupplies items purchased with JAG funds 3 Specify type of equipment/supplies purchased with JAG funds PROGRAM NARRATIVE In accordance with FOL.E, all projects must include a detailed description of program activities for each quarter. Jurisdictions failing to complete this portion of the report will be "Out of Compliance" in addition to a denial of reimbursement requests. Subgrant Number: Name of Agency/Clty: Project Title' Telephone Number: Name of Person Completing Form: 1. Total Federal Budget 3. Amount of Previous Invoices PRINT THIS PAGE ON YOUR LETTERHEAD Edward Byrne Memorial Justice Assistance Grant Program SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS Date: Claim Number: Claim Period: ________ _ -----_ .. _-- CategolY Salaries & Benefits Contractual Services Expenses Operating Capital Outlay Total Claim Amount 2. Amount of this Invoice: 4. Remaining Budget Balance AGENCY Requested Amount for Reimbursement (as indicated on Line 2 above) __ ..:.$c:.0 "OO $0.00 {St;bh.;d lines 2 & 3 from line 1) " •• _ --.N. ~,":/-r~';:':-:""',:r:-' i ~ "j",;~~.~.~ '~:", '.' FOROMB USE ONLY: Approved Amount for Reimbursement Attachment D The above amount indicated as our agency's "Total Claim Amount" is being requested for reimbursement Wllich is in accordance with our contract agreement Atso, supporting documentation has been provided with this package which substantiates the above "Total Claim Amount" requested by our agency. I hereby certify that all of the costs have been paid and none of the !t13ms have been previously reimbursed. All of the expenditures comply with the autllorized budget and fall within the contractual scope of services and all of the goods and services have been received, for which reimbursement is requested. Respectfully submitted, Autllorized Signature (Chief of Police/Other City Official) GIL Coding Invoice Number: Vendor #: Index Code. Amount to Pay: . ___ . ___ ._._. ____ _ Subobject: ____ ... __ ._._. _______ _ Resolution: '-Payment Approved, Miami-Dade County OMB FOR OMB USE ONLY Invoice Description: __________ .. __ . ____________ _ Voucher #: VQBU Package Reviewed by Liaison: Date Submitted by Liaison in tWA: SUPPORTING DOCUMENTA TION FOR THIS PA YMENT MAINTAINED BY OMS-GRANTS COORDINA TlON " 5 7 Page 2 of 5 SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (Salaries and Benefits) Name of AgencylCity: Project Title: Name Otficerl~~ Date of i'!.<;!iYilY. >(Presentation. Parent Meeting. Field trip. etc.) Total Amount for Salaries and Benetlts (if applicable): ____ .$0.0_0 ____ _ Total Hours: 0.00 I CERTIFY THAT PAYMENT FOR THE AMOUNT OF Type of Activity' Date: Clairn Nurnber: ______ _ Total Hours Totat 6roQ\!!lt ._---------".-----------------_ ... _- --------_ .. _ .. _ ...... _. BELOW IS THE SIGNATURE OF EACH STAFF (EMPLOYEE) IN THE ORDER LISTED ABOVE OFFICERISTAFF SIGNATURE: EMPLOYEE 10: _______ _ OFFICERISTAFF SIGNATURE: EMPLOYEE 10: 3 OFFICERISTAFF SIGNATURE: EMPLOYEE ID: ________ _ OFFICERISTAFF SIGNATURE: EMPLOYEE ID: _____ _ OFFICERISTAFF SIGNATURE: EMPLOYEE 10 _______ _ 6 OFFICERISTAFF SIGNATURE: __________ .__ EMPLOYEE 10: • _____ . ____ _ OFFICERISTAFF SIGNATURE: _____ .___ EMPLOYEE ID: ______ _ OFFICERISTAFF SIGNATURE: EMPLOYEEIO: ________ _ CHIEF OF POl.lCEICITY OFFICIAL SIGNATURE: --_._,._-------- Note: Payroll registers, time sheets and OT slips (if applicable), documenting payroll expenses must be attached to process this reimbursement Name of Agency/City: Project Hie SUMMAJ~Y STATEMENT OF QUARTERLY PROJECT COSTS (Contractual SeNices) Item DescriotiQEl Date: Claim Number: Date Paid Check/ACH !.'J!}!!1J2~x ___ 0. ________ 0_._.0 ______ 0 ____ • ___ _ ... _. __ ._-------_ ...... _._--_._._.-.. -.... _-------------_._------_._--_. ---- -----.--_.-_ .. __ .. _------------------_._-------- _._--------- Page 3 of 5 -------_._---_. __ ._._---- ._ .. _-------- ------------'---------- ----_._--------_._.------- -----_ .. ----------.... -._------._. __ .. __ .. --------- .. _--------_ ... _--_ .... _---_._-----------.-._-------- TOTAL CONTRACTUAL SERVICES AMOUNT: $0.00 NOTE: COpiEts of all invoices, canceliod checks, purchas., orders for this request mu"t be attached to process this reimbursement. NamE: of Agency/City: Project Title: SUIVIMARY STATEMENT OF QUARTERl.Y PHO,JECT COSTS Item Description (Expense:) Date i:9.i£t Dale: Claim Numb')r: ChecklACH !'LliIDber PagH 4 of 5 ~mQ!m.t ._ ...• _---_ ... _----._ ........ _------------_._---_ .. _--... _--_ .... _--_ .. _ .. _-_._--- ----_ ... _--- ---_._-_ ... _ .. ---------_ ... _-------_._--_ ... _._-----_._ .•. _--_._ ...... --------_._ .... _._---.. --_.-----.-..... _ .. _--- ---_ ... _--_._._ ... _-----------_._----_._._-_ .... - ----_ .•. _ .. _-_ .. _ ... - _._-_. __ ._-----_._----------- _._----_._---._----_._._-------------- --_._ .... _ .. -.----_ ... _-,_ .. _------ TOTAL EXPENSE AMOUNT: ___ ..:.$"'0:.;:...09_. ______ .. _ NOTE: Copies of all invoices, cancelled checks, and purchase orders for this request must be attached to process this reimbursement. SUMMARY STATEMENT OF QUARTERLY PROJECT COSTS (Operating Capital Outlay) Page 5 of 5 Name of Agency/City: ----_ ...... _--. __ ._-Date: _______ _ Project Title Item Description Date Paid Claim Number: ChecklACH Number -----.... ------------~--.--------- . -~---------- TOTAL OPERATING CAPITAL OUTLAY AMOUNT: $0.00 NOTE: Copios of all invoicos, cancollod checks, purchase ordors for this request must be attached to process this reimbursement. ATTACI-IMENT E JAGIBYRNE GRANT ADlVIINISTRA TION MIAMI-DADE COUNTY .AFFIDAVITS The contracting individual or entity (governmental or otherwise) shall indicate by an "X" all affidavits that pertain to this contract and shall indicate by an "N! A 1\ all affidavits that do not pertain to this contract. All. blank spaces must be filled. The MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT; MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDAVIT; MIAMI-DADE CRIMINAL RECORD AFFIDA VIT; DISABlLITY NONDISCRIMINATION AFFIDAVIT; and the PROJECT FRESH START AFFIDAVIT shall not pertain to contracts with the United States or any of its departments or agencies thereof, the State or any political subdivision or agency thereof or any municipalii:'j of this State. The MIAMI-DADE FAMILY LEAVE AFFIDA VIT shall not pertain to contracts with the United States or any of its departments or agencies or the State of Florida or any political subdivision or agency thereof; it shall, however, pertain to municipalities of the State of Florida. All other contracting entities or individuals shall read carefully each affidavit to determine whether or not it pertains to this contract. l, " SJfvW J.m®nd~ __ ,u_,. __ , , ____ , being first duly sworn state: Affiant The full legal name and business address of the person(s) or entity contracting or transacting business with l'vlialni-Dade County are (Post Office addresses are not acceptable): _~~fJq,~ ~OOO~31=_ . ,~, .....,.--, Federal Employer Identification Number (If none, Social Security) nt J \\M\v 11-. J....dJ~:LS?~ ~( \. N\ \QV'V' I ._~ _____ _ Name(Pf Entity, Individuul(s), Partners, or Corporation Doing Business As (if same as above, leave blank) Ja.!?2Q._ ~uX\Str Ot-I'Il \ ~~~ ~fuf~i+1L ~7--l-1±-,-7 -= Street Address City State Zip Code N I fl-I. MIAMI-DADE COUNTY OWNERSHIP DISCLOSURE AFFIDAVIT (Sec. 2-8.1 of the County Code) 1. If the contract or business transaction is with a corporation, the full legal name and business address shall be provided for each officer and director and each stockholder who holds directly or indirectly five percent (5%) or more of the corporation's stock. lfthe contract or business transaction is with a partnership, the foregoing information shall be provided for each partner. If the contract or business transaction is with a trust, the full legal name and address shall be provided for each trustee and each beneficiary. The foregoing requirements shall not pertain to contracts with publicly traded corporations OJ' to contracts with the United States or any depatiment or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. All such names and addresscs are (Post Office addresses are not acceptable): Full Legal Name Address Ownership % % % ____ · __________ c·_····· ______ _ 1 of 5 N (~II. 2 The full legal names and business f1(ldress of any other individual (other than subcontractors, material men, suppliers, laborers, or lenders) who have, or will have, any interest (legal, equitable beneficial or otherwise) in the contract or business transaction with Dade County are (Post Office addresses are not acceptable): 3. Any person who willflllIy fails to disclose the information required herein, or who knowingly discloses false information in this regard, shall be punished by a fine of up to five hundred dollars ($500.00) or imprisonment in the County jail for up to sixty (60) days or both. MIAMI-DADE COUNTY EMPLOYMENT DISCLOSURE AFFIDA VTT (County Ordinance No. 90- 133, Amending sec .. 2.8-1; Subsection (d)(2) of the County Code). Except where precluded by federal or State laws or regulations, each contract or business transaction or renewal thereof which involves the expenditure often thousand dollars ($10,000) or more shall require the entity contracting or transacting business to disclose the following information. The foregoing disclosure requirements do not apply to contracts with th~ United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality ofthis State. 1. Does your firm have a collective bargaining agreement with its employees? Yes No 2, Does your firm provide paid health care benefits for its employees? Yes Nb 3, Provide a current breakdown (number of persons) ofyolll' firm's work force and ownership as to race, national origin and gender: White: Males Females Asian: Black: Males Females American Indian: Hispanics: Males Females Aleut (Eskimo): Males Females: ------_.,-,-------- Males Males Males Males Females Females Females Females AFFIRMATIVE ACTIONINONDISCRItvUNA nON OF EMPLOYMENT, PROMOTION AND PROCUREMENT PRACTICES (County Ordinance 98-30 codified at 2-S.1.5 of the County Code.) In accordance with County Ordinance No. 98-30, entities with annllal gross revenues in excess of $5,000,000 seeking to contract with the County shall, as a condition of receiving a County contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority and women-owned businesses in its own procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion ancl procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representative of the population make-up of the nation shall be presumed to have non-discriminatory employment and procurement policies, and shall not be required to have written affirmative action plans and procurement policies in order to receive a County contract. The foregoing presumption may be rebutted. 20f5 The requirements of County Ordinance No. 98-30 may be waived upon the written recommcndation of the County Manager that it is in the best interest of the County to do so and upon approval of the Board of County Commissioners by majority vote of the members present. The firm does not have annual gross revenues in excess of $5,000,000. The firm does have annual revenues in excess of $5,000,000; however, its Board of Directors is representative of the population make-up of the nation and has submitted a written, detailed listing of its Board of Directors, including the race or ethnicity of each board member, to the County's Department of Business Development, 175 N. W, 1st Avenue, 28th Floor, Miami, Florida 33128. The firm has annual gross revenues in excess of $5,000,000 and the firm does have a written affirmative action plan and procurement policy as described above, which includes periodic reviews to determine effectiveness, and has submitted the plan and policy to the County's Department of Business Development 175 N.W. 1st Avenue, 28th Floor, Miami, Florida 33128; The firm does not have an affirmative action plan and/or a procurement policy as described above, but has been granted a waiver. V· (:'>-.)Y MIAMI-DADE COUNTY CRlMINAL RECORD AFFIDAVIT (Section 2-8.6 of the County Code) III 'ndividual or entity entering into a contract or receiving funding from the County ~~ _ as no as of the date of this affidavit been convicted of a felony during the past ten (10) yeitrs. '~1I officer, director, ()~~ive of the entity el~tering in~o a contrac~ or receiving fundi~g from the County _-==J:tas-'" __ ~~as of the date of thiS affidaVit been convIcted of a felony dunng the past ten ( I 0) years. MIANU-DADE EMPLOYMENT DRUG-FREE WORKPLACE AFFIDAVIT (County Ordinance No. 92-15 codified as Section 2-8.1.2 of the County Code) That in compliance with Ordinance No. 92-15 of the Code of Miami-Dade County, Florida, the above named person or entity is providing a drug-free workplace. A written statement to each employee shall inform the employee about: 1. danger of drug abuse in the workplace 2. the firm's policy of maintaining a drug-free environment at all workplaces 3. availability of drug counseling, rehabilitation and employee assistance programs 4. penalties that may be imposed upon employees for drug abuse violations The person or entity shall also require an employee to sign a statement, as a condition of employment that the employee will abide by the terms and notify the employer of any criminal drug conviction occurring no later than five (5) days after receiving notice of stich conviction and impose appropriate personnel action against the employee tip to and including termination. Compliance with Ordinance No. 92-15 may be waived if the special characteristics of the product or service offered by the person or entity make it necessary for the operation of the COllIlty or for the health~ safety~ yvelfare) economic benefits and 'Nett-being of the public. C.ontracts invulviflg fUIlding which is provided in whole or in part by the United States or the State of Florida shall be exempted from the provisions of this ordinance in those instances where those provisions are in conflict with the requirements of those governmental entities. 30f5 X_VII. MIAMI-DADE EMPLOYMENT F AMIL Y LEAVE AFFIDAVIT (County Ordinance No. 142-91 codified as Section IlA-29 et. seq of the County Code) That in compliance with Ordinance No. 142-91 of the Code of Miami-Dade County, Florida, an employer with fifty (50) or more employees working in Dade County for each working day during each of twenty (20) or more calendar work weeks, shall provide the following information in compliance with all items in the aforementioned ordinance: An employee who has worked for the above firm at least one (1) year shall be entitled to ninety (90) days of family leave during any twenty-four (24) month period, for medical reasons, for the birth or adoption of a child, or for the care of a child, spouse or other close relative who has a serious health condition without risk of termination of employment or employer retaliation. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, oj' the State of Florida or any political subdivision or agency thereof. It shall, however, pertain to municipalities of this State. DISABILITY NON-DISCRli\!IINATION AFFIDAVIT (~ounty Resolution R-385-95) That the above named firm, corporation or organization is in compliance with .and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction in the following laws: The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101-12213 and 47 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions; The Rehabilitation Act of 1973, 29 U.S.C. Section 794; The Federal Transit Act, as amended 49 U.S.C. Section 1612; The Fair I-lousing Act as amended, 42 U.S.C. Section 3601-363l. The foregoing requirements shall not pertain to contracts with the United States or any department or agency thereof, the State or any political subdivision or agency thereof or any municipality of this State. tJ (A~ VIII. MIAMI-DADE COUNTY REGARDING DELINQUENT AND CURRENTLY DUE FEES OR TAXES (Sec. 2-8.1(c) of the County Code) ;< IX. Except for small purchase orders and sole source contracts, that above named firm, corporation, organization or individual desiring to transact business or enter into a contract with the County verifies that all delinquent and currently due fees or taxes --including but not limited to real and property taxes, utility taxes and occupational licenses --which are collected in the normal course by the Dade County Tax Collector as well as Dade County issued parking tickets for vehicles registered in the name of the firm, corporation, organization or individual have been paid. CURRENT ON ALL COUNTY CONTRACTS, LOANS AND OTHER OBLIGA TrONS The individual entity seeking to transact business with the County is current in all its obligations to the County and is not otherwise in default of any contract, promissory note or other loan document with the County or any of its agencies or instrumentalities. 40f5 . IIA .-NjILA. PROJECT FRESH START (Resolutions R-702-98 and 358-99) Any finn that has a contract with the COUllty that results in aClual payment of $500,000 or mOre shall contribute to Project Fresh Start, the County's Welfare to Work rnitiative. However, if five percent (5%) of the firm's work force consist~ of individuals who reside in Miami-Dade County and who have lost or will lose cash assistance benefits (formerly Aid to Families \vith Dependent Children) as it result of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the firm may request waiver from the requirements of R-702-98 ancl R-358-99 by submitting a waiver request affidavit. The foregoing requirement does not pertain to government entities, not for profit organizations or recipients of grant awards. DOMESTIC VIOLENCE LEAVE (Resolution 185-00; 99-5 Coditled At llA-60 Et. Seq. of the Miami-Dade County Code). The firm desiring to do business with the County is in compliance with Domestic Leave Ordinance, Ordinance 99-5, codified at 11A-60 et. seq. of the Miami Dade County Code, which requires an employer which has in the regular course of business fifty (50) or more employees working in Miami- Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or proceeding calendar years, to provide Domestic Violence Leave to its employees. • I have carefuliy read this er.t.tin" five (5) page document entitled, "Miami-Dade County Affidavits" and have indicated by an "X",all·aiTtdavits·(hat pertain to this contract and have indicated by an liN/A" all affidavits that do not pertaintotllis contract. -".---.-,.,---~--y, .. BY:,'/ .. /~(;-=~-~~:-)--~-/l~J I2(DO-' ~)-- (// .. // Ignature ot 'Iant ate SUBSCRIBED AND SWORN TO (or affirmed) before me this I gA.. day of ~We.Mh:Y_ .... _ .. _ . ___ . __ ... _. _____ .... _______ ~e/She is persona.!Jy known to me or has presented " .. ____ ._. __ ... ____ .. ___ _ <'-...--(Type ofIdentification) -------".'-¥-'\----.,..------.------ attire of Notaty) __ ._~[i~J(j\\1 ~ _____ ... _. __ (Pnntl.')p Sta~pbf Notaty) . ii, .) Notaty Public .... Stamp State of. t II){ t ri /,... -~, c) (State) 5 of 5 as identification. l'rfL411-[J-DADE COUNTY FLORIDA ATTACHMENT E1 Form A-12 Code of Business Ethics In accordance with Resolution R-994-99 each person or entity that seeks to do business with Miami-Dade County shall adopt the Miami-Dade County/Greater Miami Chamber of Commerce Code of Business Ethics as follows: The Miami-Dade County/Greater Miami Chamber of Commerce seeks to create and sustain an ethical business climate for its members and the community by adopting a Code of Business Ethics. Miami-Dade County/Greater Miami Chamber of Commerce encourages its members to incorporate the principles and practices outlined here in their individual codes of ethics, which will guide their relationships with customers, clients and suppliers. This Model Code can and should be prominently displayed at all business locations and may be incorporated into marketing materials. Miami-Dade County/Greater Miami Chamber of Commerce believes that its members should use this Code as a model for the development of their organizations' business codes of ethics. .' This Model Code is a statement of principles to help guide decisions and actions based on respect for the importance of ethical business standards in the community. Miami-Dade County/Greater Miami Chamber of Commerce believes the adoption of a meaningful code of ethics is the responsibility of every business and professional organization. By affixing a signature in the Proposal signature page, Form A·12, the Proposer hereby agrees to comply with the principles of Miami·Dade County/Greater Miami Chamber of Commerce Code of Business Ethics. If the Proposer firm's code varies in any way the Proposer must identify the difference(s) on a separate document attached to Form A·12. Compliance with Government Rules and Regulations We the undersigned Proposer will properly maintain all records and post all licenses and certificates in prominent places easily seen by our employees and customers; In dealing with government agencies and employees, we will conduct business in accordance with all applicable rules and regulations and in the open; We, the undersigned Proposer will report contract irregularities and other improper or unlawful business practices to the Ethics Commission, the Office of Inspector General or appropriate law enforcement authorities. Recruitment, Selection and Compensation of Contractors, Consultina. Vendors. and Suppliers We, the undersigned Proposer will avoid conflicts of interest and disclose such conflicts when identified; Gifts that compromise the integrity of a business transaction are unacceptable; we will not kick back any portion of a contract payment to employees of the other contracting party or accept such kickback. Page 1 of 3 MIAMI-DADE COUNTY, FLORIDA Business Accounting Ail our financial transactions will be properly and fairly recorded in appropriate books of account, and there will be no "off the books" transactions or secret accounts. Promotion and Sales of Products and Services Our products will comply with all applicable safety and quality standards; • We, the undersigned Proposer will promote and advertise our bUsiness and its products or services in a manner that is not misleading and does not falsely disparage our competitors; • We, the undersigned Proposer will conduct business with government agencies and employees in a manner that avoids even the appearance of impropriety. Efforts to curry political favoritism are unacceptable; • Our proposal will be competitive, appropriate to the request for proposals/qualifications documents and arrived at independently; • Any changes to contracts awarded will have a substantive basis and not be pursued merely because we are the successful Proposer. We, the undersigned Proposer will, to the best of our ability, perform government contracts awarded at the price and under the terms provided for in the contract. We will not submit inflated invoices for goods provided or services performed under such contracts, and claims will be made only for work actually performed. We will abide by all contracting and subcontracting regulations. We, the undersigned Proposer will not, directly or indirectly, offer to give a bribe or otherwise channel kickbacks from contracts awarded, to government officials, their family members or business associates. We, the undersigned Proposer will not seek or expect preferential treatment on proposals based on our participation in political campaigns. Public Life and Political Campaigns We, the undersigned Proposer encourage all employees to participate in community life, public service and the political process to the extent permitted by law; We, the undersigned Proposer encourage all employees to recruit, support and elect ethical and quaiified pubiic officiais and engage them in diaiogue and debate about business and community issues to the extent permitted by law; • Our contributions to political parties, committees or individuals will be made only in accordance with applicable laws and will comply with all requirements for public disclosure. All contributions made on behalf of the business must be reported to senior company management; We, the undersigned Proposer will not contribute to the campaigns of persons who are convicted felons or those who do not sign the Fair Campaign Practices Ordinance. Page 2 of 3 MIAMI·DADE COUNTY, FLORIDA We, the undersigned Proposer will not knowingly disseminate false campaign information or support those who do. Pass-through Requirements This Code prohibits pass-through payments whereby the prime firm requires that the MBE firm accepts payments as an MBE and passes through those payments to another entity; Rental Spac~!l?ment and Staff Requirements or Flat Overhead Fee Requirements This Code prohibits rental space requirements, equipment requirements, staff requirements and/or flat overhead fee requirements, whereby the prime firm requires the MBE firm to rent space, equipment and/or staff from the prime firm or charges a flat overhead fee for the use of space, equipment, secretary, etc; MBE Staff Utilization • This Code prohibits the prime firm from requiring the MBE firm to provide more staff than is necessary and then utilizing the MBE staff for other work to be performed by the prime firm. This Code also requires that on any contract where MBE participation is purported, the contract shall specify essential terms including, but not limited to, a specific statement regarding the percent of participation planned for fV]BEs-;-tfleti;:;;ing of payments and when the work is to be performed. _ ... -" (Date) I I' SUBSCRIBED AND SWORN TO (or affirmed) before me this ;til day of N~ 2op12) by S:k,)~ f\lei.c.J..el/ ·· ...... He/She is personally known to me or has presented __________________ _ -..-....--~ (Type of Identification) as identification. ig a, re of Notary)~,._ .. _~-.--.--. (Serial Number) A~N'p!.~.. f\\KENGA A. PAYNE '0' , ....... {::';< I'.'IV COMMISSION # EE133362 ___ -= ________ -+-"' .. -;:,~;... .> EXPIRES October 05. 2015 (Print or Stamp of Not n::t~;398.Q1~~~"_.~~,'N:'o(\'SO,Vi~~_ (Expiration Date) Page 3 of 3 Attachment E2 MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Ordinance 93-129, Section 1) I, being duly first sworn, upon oath deposes and says that the bidder of this contract or his agents, officers, principals, stockholders, subcontractors or their affiliates are not deban~~dby-I\7f1ami-Dade County. \I I f~/~I1J II (l i-,-",,,""""""'"''''''''''-''' (Dato) SUBSCRIBED AND SWORN TO (or affirmed) before my this ~ day of VOV-e~,, __ , 20gB by _--,-\sk~~\UY\=->---,-A-'C1om~c~l>.Lrlt.=V-:...-..-_"_,,..,_,,_________ _____ . He/She is personally known to me or has presented .. ____ _ ~--'-(Type of Identification) as identification. (Serial Number) (Print or Stamp of Notary) (Expiration Date) Notary Public -Stamp State of J~'_lrr~"J:::_", __ ,,_. ___ _ Notary Seal (State) Attachment E3 SWORN STATEMENT PURSUANT TO SECTION 287.133 (3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS 1. This sworn statement is submitted to -'.!.M",-,ic::a-,-,m:.:.i--"D""a"",d"",e""",,,,C,,,o.!:u~n~ty,---__________ _ by----"~~-+'---~':"""-'-'''''-''-'---t-~£·rM (print individual's name an title) (J for ___ CJk -Q:f ~th U \{)JVtt ______________________________ _ 7J (print Name of entity submitting sworn statement) whose business address is_f1Jl_?t2 __ S.r,lflStL.OA;'i~I __ IA.iC:U1(lil£L_..:2:2L1L __ and if applicable its Federal Employer Identification Number (FEIN) is _!ll~(;(}OtJt(3f _ If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in paragraph 287.133 (l)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transactions of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to public entity or agency or political subdivision of allY other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, 01· material miSinterpretation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133 (1)(b), .E!.2..!:iill! Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal 01' state trial cOllrt of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, ilOn jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active. in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who Imowingly enters into a joint venture with a person who has been convicted of a public entity crime ill Florida during the preceding 36 months shall be considered an affiliate. 10f2 S. r understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state 01' of the United States within the legal power to enter into a binding contact and which bids OJ' applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, executives, partners, shareholders, employees, members, and agents who are active ill management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Please indicate which statement applies.) _ V Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. __ The entity submitting this sworn statement, OJ' one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. IIo\vever, there has been a subsequent proceeding before a Flearing Officet' of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order). I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THAT PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017 FLORIDA STATUTES FOR C~IEGOR~~nVO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. .c. . ..... .,o........-.~-.. -.,-.'"._ .. ~). (Signature) Sworn to and subscribtj. before me this ~ Personally known ___ V'-___ _ day OR Produced Identification (Type of Identification) 20f2 A TT ACHwIENT F JAG/BYRNE GRANT ADMINISTRATION PROVIDER'S DISCLOSURE OF SUBCONTRACTORS AND SUPPLIERS (Ordinance 97-104) e,l I nl. (t) ,,11 ftfl, . Name of Organization: ~~6V11jfl JVt llAMl Address: b('1;oSvf!)(.f 1211 ii ( SIJ~/h. /;{;M1.;/ Pt-~'?li3 REQUIRED LISTING OF SUBCONTRACTORS ON COUNTY CONTRACT In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit the list of first tier subcontractors or sub-consultants who will perform any part of the SCQ.ill<.... of Services Work, if this Contract is for $100,000 or more. The Provider must complete this information. If the Provider will not utilize subcontractors, then the Provider must state "No subcontractors will be used"; do tl,ot state "NI A". NAME OF SUBCONTRACTOR OR SUB-CONSULTANT ADDRESS CITY AND STATE No subcontractors will be used. REQUIRED LIST OF SUPPLIERS ON COUNTY CONTRACT In compliance with Miami-Dade County Ordinance 97-104, the Provider must submit a list of suppliers who will supply materials for the Scope of Services to the Provider, if this Contract is $100,000 or more. The Provider must fill out this information. If the Provider will not use suppliers, the Provider must state "No suppliers will be used", do not state "N/A". NAME OF SUPPLIER ADDRESS CITY AND STATE No suppliers will be used. I hereby certify that theforegoing information istrue;co-ri'e~t a~;d-c~;;lpll!t{!.~ ~-.. , ->," .... ••••• "" •• '~, ~--.... -.. ~ .. -.. -.. -. Signature of Authorized Representative: --.----r::~·~2 _____ _ Title: Ct&j /~!tlJlfdjt.~ ___ .. ___ .. ____ Date:_4L!.p---'O...!...:IS""'--__ _ Firm Name ~s.tJJ1l:JJ11olfh· Fed. ID No. ?1-tt(}jCJt(3/ Address: 6(~ i rid!) se-I-Orilt City/ StatelZiP:J;/luf}jlat!?(r j::L ? ~ / '(3 Telephone'$rhlh_~~ 'J1j{ t Fax: 7J::fLJft.i)~ G,l(s E-mail: SAIU/~l1dcres(}vtAtrlitl.t11;f!Jov