Loading...
3CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM 2001 TO: FROM: The Honorable Mayor & Members of the City Commission """0' Himb'" Ph.D., Ci'Y M,",,,, II February 7, 2012' Agenda Item NO.:~ DATE: SUBJECT: BACKGROUND: GRANTOR: GRANT AMOUNT: GRANT PERIOD: ATTACHMENTS: A Resolution authorizing the City Manager to execute fiscal year 2012 grant agreement with the Florida Department of Law Enforcement, Office of Criminal Justice Grants for the Edward Byrne Memorial Justice Assistance Grant OAG) for the project entitled, Byrne Grant Vehicle Burglary, for the purchase of six laptop computers for South Miami Police Officers in the amount of $7, I 12. The Florida Department of Law Enforcement by and through its Office of Criminal Justice Grants awarded the City of South Miami $7,112.00 for the project entitled, Byrne Grant Vehicle Burglary. The City of South Miami will be allocating the funds to reduce crime and improve public safety by purchasing six (6) laptop computers and related computer equipment for Police Officers. Florida Department of Law Enforcement (FDLE) $7,112.00 February I, 2012 through June 30, 2012 Florida Department of Law Enforcement FY 2012 Contract for the Byrne Grant Vehicle Burglary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 RESOLUTION NO,, __ _ A Resolution authorizing the CHy Manager to execute fiscal year 2iH2 grant agreement with the Florida Department of Law Euforcement, Office of Criminal JllStice Grants for the Edward B.yrue Memorial Justice Assistance Grant (JAG) fOT theprojed entitled, Byrne Grant Vehicle Burglary, for the pnrehase of six laptop computers for Somh Miami Police Officers in the amonnt of $7,112. WHEREAS, the Mayor and City Commissiold desire to accomplish the purpose outlilded ild t.he accompanying copy of the subgraldt application with the refereldced cOldtract number 2012- JAGD-DADE-11-C5-129 of which is incorporated herein by refereldce; and " WHEREAS, the City of South Miami has a graldt award for the purchase of six laptop computers for Police Officers in the amount of $7,112 from the Florida Departmeldt of Law Emorcemeldt from the Edward Byrne Memorial Justice Assistance Grant; aldd WHEREAS, the Mayor and the City Commission wish to accept the grant agreemeldt with the Florida Departmeldt of Law Eldforcement for the Edward Byrne Memorial Justice Assistance Grant. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Maldager is hereby authorized to execute the grant agreemeldt with the Florida Departmeldt of Law Eldforcemeldt, Office of Crimilda1 Justice Graldts for the Edward Byrne Memorial Justice. Assisialdce Grant for the purchase of six laptop computers for South Miami Police Officers in the amount of$7,l12. The graldt agreement is attached to this resolution. Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this __ , day of ___ " 2011. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM LANGUAGE, LEGALITY AND EXECUTION THEREOF: CITY ATTORNEY APPROVED: MAYOR Commission Vote: Mayor Stoddard: Vice MayoT Newman: Commissioner Palmer: Commissioner Beasley: Comn:nssioner Harris: FDLE Florida Department of Law Enforcement Gerald M. Bailey Commissioner JAN 23 2012 Office of Criminal Justice Grants Post Offire Box 1489 Tallahassee, Florida 32302-1489 (850) 6't7-1250 www.fdle.state.fl.us The Honorable Phillip Stoddard Mayor City of South Miami 6130 Southwest 72 Street South Miami, FL 33143 Re: Contract No. 2012·JAGD·DADE·11·C5-129 Dear Mayor Stoddard: Rick Scott, Gccvemor Pam Bondi, Attorney General . Jeff Atwater, Chief Financral Officer Adam Putnam, Commissioner of Agriculture 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 $ 7,112.00 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 approved subgrant application with the referenced contract number is enclosed for your file. AU correspondence with the Department should always' refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. The Standard Conditions should be reviewed carefully by those persons resf}onsible for project administratfdn to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and mustbe received by the Department priorto the reimbursement of any project expenditures. Committed to Service' Integrity' Respect· Quality The Honorable Phillip Stoddard Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at 850/617-1250. Sincerely, . (10 -kf-.l.~ craYt~ R. Wilder Administrator CHW/JP/s! Enclosures State of Florida Office of Criminal Justice Grants FtoridaDepartment of Law Enforcement 2331 Phillips Road Taiiahassee, Florida 32308 CERTIFICATION OF ACCEPTANCE The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrani award number 2012~jAGD-DADE-11-C5-129, in the amount of $ 7,112.00, for a project entitled, BYRNE GRANT VEHICLE BURGLARY, for the period of 0210112012 through 06/30/2012, 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. Signature of Subgrantee's Authorized Official Typed Name and Title of Official Date of Acceptance Name ofSubgrantee Rule Reference 'r1'D-H.006 OCJG-Oi2 (rev. October 2005) State of Florida Offie-eof Criminal Justice Grants FloridaOepartJT'.ent of Law Enforcement 2331 Phillips Road TaHahassee, Florida 32308 SUBGRANT AWAF<..D CERTIFIGATE Subgrantee: City d South Miami Date of Award: /-.;l,;:) -I "2;.. Grant Perioct: From: 02/01/2012 TO: 06/30/2012 Project Title: BYRNE GRANT VEHICLE BURGLARY Grant Number: 2012-JAGD-DADE-11-C5-129 Federal Funds: $ 7,112.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost $ 7,112.00 State Purpose Area: E: Equipment Supplies -Purchase Equipment/Supplies CFDA No.: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, 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 current edition of the Office of Justice Programs Financial Guide, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 or A102, as applicable, and A-21 , in their entirety. It is also sub~t to such further rules, regulations and pOficiesas may be reasonably prescribed by the State or Federal Government consistent with the purposes and authori~ation of P L 9"0-351, as amended, and P.L. 100-690 .. · SUBGRANT AWARD CERTlFlCATE (CONTINUED) This grantsnaH become effective on the beginning date of the grant period provided that within 30 days from the date of award,a propedyexecuted Certification of Acee.ptance/Request for Payment is returned to the. department. Authorize OffiCial Clayton H. Wtlder Administrator t-~5-1'2... Date ( ) This award is subject to special conditions (attached). Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant· Direct SUbg~ant Recipient Organization Name: City oT 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: 305-668-2491 Email: Pstoddard@southmiamiil,gov , Chief Financial Officer Name: Title: Address: City: State: Phone: Fax: Email: Alfredo Riverol Chief Financial Officer 61'30 Sunset Drive South Miami FL Zip: 305-663-6343 Ext: ariverol@southmiamift,gov Application Ref# 2012-JAGD.1227 33143 Contract 2012-JAGD-DADE-11-C5-129 RU!e Reference 11l)..9.006 OCJG~005 (rev. April 2005) Section #1 Page 1 of 2 Application for Funding Ass'istance Florida Department of Law Enforcement Justice Assistance Grant -Direct Impl.ementing Agency Organization Name: South Miami Police Department Dade County: Chief Official Name: Title: Address: City: State: Phone: Fax: Email: Orlando Martinez de Castro Chief of Police 6130 Southwest 72 Street South Miami FL 305-663-6301 Zip: 33143 Ext: 305-668-2491 omartinez@southmiamifl.gov Project Director Name: Title: Address: City: State: Phone: Fax: Email: Jennifer Korth Grants Administrator 6130 Sunset Drive South Miami FL Zip: 305-668-2514 Ext: jkorth@southmiamifl.gov Application Ref # 2012-JASD-1227 33143 Contract 2012..JAGO-OADE-1 t -C5-129 Rule Reference 110-9.006 OCJG-005 (rev, Apr11200S) Section #1 Page 2 of 2 Application for Fundlng Assistance Flortda Department of Law Enforcement Justice Assistance Gran! -Direct General Project Information Project Title: BYRNE GRANT VEHICLE BURGLARY Subgrant ReCipient: Clty of South Miami Implementing Agency: South Miami Police Department Project Start Date: 2/1/2012 End Date: 6/30/2012 Problem. Identification Auto theft and burglary to motor vehicfes are a major problem in South Miami. Between 2DD7 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 th.efls were reported in hot spot areas. Burglaries are projected to increase between 9·10% for calendar 2011, South Miami, incorporated in 1927, is one of Miami Dade County's oldest municipalities and has a permanent residential, multi"ethnic popuiatron of approximately 11,862 (static population), occupying a 2.5 square mile area. The town center area east of US1 is a shopping, dining and entertainment venue with a 'hometown ambiance. The City has a Community Redevelopment Area (CRA), containing marginalized residents, which is in close proximity to the areas where auto theft and auto burglary occurs. The Metrorail South Miami Station, SW 72 Street, and US 1 carry an estimated five hundred thousand people through the city on a daily basis, many of which come to South Miami for nightlife related activities (transient population). 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. Project Summary (Scope of Work) Detectives will be given laptop computers 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, out-dated computers to ensure that detectives can manage the problem of auto theft and auto burglary by tracking occurances and through the use of statistiCs. Application Ref# 2012-JAG[)"1227 Section #2 Rage 1 01'2 Contract 2012-JAGD-DADE-11-C5. Rule Reference 11D~9_006 OCJG~Oa5 (rev. Apri!:'2005) Section Questions: Application for Funding Assistance F!orida Department of Law Enforcement Justice Assistance Grant -Direct QtI€stion: Does the Subgrantee receive a single grant in the amount O'f $500,000 or more from the U,S, Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U,S, Department of Justice? Answer: No App.llcation Ref# Z012·JAGD-1227 Section #2 Page 2 of 2 Contract 2012·JAGD-DADE·11·C5. Rule Reference 11D~9.006 OCJG-aOS-(rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Gran! -Direct Genera! Performance Info: Performance Reporting Frequency:. Quarterly Federal Purpose Area: 006 -Planning, Evaluation & Technology Improve. Progs . . State Purpose Aiea: E -Equipment Supplies -Purchase Equipment/Supplies Activity Description Activity: Equipment arid Supplies Target Group: Equipment and Supplies Geographic Area: Urban Location Type: Police Department Address(es) : City of South Miami 6130 Sunset Drive South Miami, FL 33143 Objectives and Measures Objective: 25.E -Amount of funds expended on equipment and/or supplies Measure: Part 1 Amount of funds to be expended to purchase equipment and/or supplies Goal: 7,112.00 Objective: 52.E -Number of equipment or supply items purchased with JAG funds by type of equipment or supplies Measure: Part 7 How many computers will be purchased? Goal: 6 Application Ref# 2012~tAGD-1227 Section #3 Page 1 of 2 Contract 2012-JAGD-DADE-11-C5- Rule Reference 11-0-9.00$ OCJG-005 (rev. April 2005) AppHcation for Funding Assistance Florida. Department of Law Enforcement Justice Assistance Grant -Direct Section Questions; Question: If "ether" was selected for the geographic area, please describe. Answer: N/A Question: If "other" was selected for location type, please describe. Answer; N/A Application Ref # 2M2-JAGD-1.227 Section #3 Page 2 of 2 Contract 2012-JAGD-DADE-1t-C5- Rtlle Reference 11D~9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct General Financial Info: Note: AI! financial remittances will be sent to the Chief Financial Officer of the Subgramee Organizati.ol'l. Financia! Reporting Frequency for this Subgrant: Quarterly !s the subgrantee a state agency?: No FLAiR I Vendor Number: 596000431 Budget: Budget Category Federa! Match Tota! Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $0.00 $0.00 $0.00 Operating Capital $7,112.00 $0.00 $7,112.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -Totals--$7,112.00 $0.00 $7,112.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PG!) ? No Application Ref# 2012·JAGD-1227 Section #4 Page 1 of 3 Contract 2012-JAGD·DADE-11-G5- Rule Reference 11 D·9-.006 OCJG·005 (rev. April 2005) Budget Narrative.: Application for Fundfng Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct Capital Outlay -$7,112.00 for laptop computers and dooklng stations. Will purohase approx. 6 oomputers with docking stations. Application Ref # 2012-JAGD-1227 Section #4 Page 2 of 3 Contract 2012-JAGD'DADE-1 t-C5- Rule-Reference 110·9.006 OCJ'Q-005 (rev. April 2005) • Application for Fundrng Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct SectiDn Questions: 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: N/A Question: If benefits are to be included, are they reffected in the budget narrative? Answer: N/A Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriff's office. Answer: $1,000.00 Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits l, and provide documentation of the appropriate appwval 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 t..'Pdated. Answer: N/A Application Ref # 2012"JAGD-1227 Section #4 Page 3 or3 Contract 2012-JA8D-DADE-11-C5- Rule Reference 11D-9 . .o.o6 OCJG~OD5 (rev, ApriL2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law t:nforcement ! Standard Conditions. Conditions of agreement requiring compliance by units of local government (subgrani redpients), implementingagenci.es, and state agencies upon signed acceptance oftlJe subgrant award appear in t'1is section. Upon approval of li'lls subgrant, the approved appiication and the following terms of conditions will becOme binding. Failure io comply with provisions of this agreement wiil result in required correcti)Je action up to and including project costs being disallowec and termination of the project, as specified in item 17 o.f this section. t. All Subgrant Recipients must comply with the financial and administrative requkements set forth in the c.urrentecition of the U.S. Department of Justice, Office of Justice Programs (OJ?) Financial Guide (Financiai Guide) (http://www.o!p.usdoi.govlfinanclalquldelindex-htm) and the Edward Byrne Memoria! Justice. Assistance Grant (JAG) program guidan.ce (http://www.ojp.usdoj.gov/BJA/grantljag.html) as well as Federal statutes, regulations, policies, guidelines and reqUirements and Florida laws and reyu!ations including but not limited 10: • Florida Administrative Code, Chapter 11D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": https:flv.'V'IW.flrules.org/ • Office of Management and Budget (OMS) Circulars: http://www.whitehouse.gov/omb/circufars 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" o A-i10 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" o. A-122 (2 CFR 230), "Cost Principies for Non-Profit Organizations" o A-133, "Audits of States, Local Governments, and Non-Profit Organizations" • Code of Federal· Regulations: http://wwN.gpo.gov/fds¥sl 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)" o 28 CFR 18, 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 Ctiminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enf.orcement Block Grant Program: http://www.ojp.usdoj.gov/BJAIgrant/jag.html • United States Code: fJttp:flwww.gpo.gov/fdsysf o 42 a.s.c. 371"1. etseq., "Omnllms Crime ContrOl and Safe Streets Act of 19ti8" • State of Rorida General Records Schedule. GS1 cSL for State andLocaJ Gov.emment Agencies: http;:1/dHs;dos.state.fl.uslbann/genschedules/GS1-SL.l>df 2. Allowable. Costs a. Allowarrce for costs incurrec under the slolbgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Jlolsiice Programs Financial Guide, U.S. Department of JtlStice Common Rule for State And Local Governments SFY 2.012 Page 1 Edward Byrne Memorial Justice Assistance Grant{JAG) Program Florida Department of Law Enforcement and federal OMS Circular A-87, "Cost Principles for State, Local and lndian Tribal Govemments," or OMS Circular A-21, "Cost Principles tor Edlh.."ationallnsiltutians." b. All procedures employed in the use of federal funds for any procllrement shalJ be according to U.S. Depar'u:nent of Justice Common Rule for State and Local Governments,or OMB Circu!arA-1.1O, or OMS GrrwlarA-1o.2, and Florida law to be eHgiblelor reimbursement. 3. Reports SFY 2012 . a. Project Performance Reports (1) Reporting Time Frames: The subgrant recipient shaiisubmit 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 thesubgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Peiformance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 17, Peiformance of Agreement Provisions. (2) Report Contents: Performance Reports 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 refieet on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. Additional information may be required if necessary to comply with federal reporting requirements. (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 Reportto the Department. Project Expenditure Reports are due thirty (30) days after the end ofthe reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted, Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expend.iture Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant ,nformation Management ON-line (SiMON) system. (c) A!I Project Expenditure Reports shall be submittad in sufficient detail for proper pre- audit and post-audit (d) Before the "fJrr.aI" Project Expenditure Report wHLb.eprocessed, tha subgrant redpient must submft to the Department all outstanding project r8portsand must have satisfied' all special conditions. Failure to comply with tbeabove prov.isions shaH result in foifeiture of rermbursement. (e) Reports are to be submitted even when no reimbursemen1is being requested. Page 2 Ed'Nard Byrne MemoriaJ Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (f) Th'e report must be ej-ectronicaUy sig'ned by ~fI-e sUbgiante:e or implementing a.gency'-s chief financia! officer or the chief fInancial officer's designee< (2)' Financial Closeout Audit (a) The Financial Closeout Audlt shat! be submitted to the Department within forty-five (45) days of the subgrant termInation date< (t) The Financial Closeout Audit moot be electronically signed by the subgrantee or implementing agency's chief financial officer or the chief financial officers designee. (3) Project Generated Income (PGI) (a) If applicable, the subgrant recipient shall submit Quarterly PGI Earnings and Expenditures Reports to the Department within thirty (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 10, Program Income.) (b) PGI Eamings and Expenditures reports must be electronically signed by the subgrantee or implementing agency's chief financial officer or the chief financial officer's designee. c. Other Reports The subgrent recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shaJl be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Ruia, and OMS Circuiars A-21 , A-8?, and A-110, or A-102 as applicable, in their entirety. C. A!I funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation and Available Funds The Staie of Florida's performance and obligation to pay underihis agreement is contingent upon an annual appropriation by the Fiorida Legisiaiure. Furthermore, the obligation ohhe State of Floride to reimburse subgrant recipients fer incurred costs is subject to avaiiable federal funds. O. Obiigatioll of Subgrnnt ReCipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequ.ent to the termination date of the subgrant p.eriod. Only project costs incurred on or after the effectiv.edate and on or prior to t'1e termination date of the subgrant reciplent's project are eUgible !Dr reimbursement. All payments must be completed WIThin thirty (30) days of the end of SFY2012 ,Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement the subgrant period. 7. Ad'lanceFtlr,ding . Advance funding may be provided to a suhgrant recipient upon a wrfiten request to the Department. The request must be eiectronicaHy sigrred py the subgramee or implementing agency's chief financial officer or the chief financial officer's designee. S. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. Th.e trust fund mayor may not bean interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the federal grant period end date. Any unexpended interest remaining at the end of the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justioe Assistance. 9. Trave!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 § 112.061, Fie. Stet. 10, 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 wfll 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 subgrimtee or implementing agency's chief financial officer or the chief financial officer's 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. PGI budget requests must be signed by the subgrantee Of implementing agency's chief financial officer or the chief financial officer's 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 the Of(ice of Criminal J.ustioe Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Confracts The Dep.artment shall review and approve in wrillng all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding trav.el and subsistence costs) for aneightchour day. Approval shall be based upon the contraofs compliance witM requirements found in .the Financial Guide, the Common Rule, and in ap.plicable state statutes. The Department's approval of the subgrant recipient agre.ement'does not constitute approval of cOl1sultant contracts. If consultants are hired through a competitive bidding process (not sale source), the $"450 threshold does not apply. SPf2012 Page 4 Edward Syme Memorial J.ustice Assistance Grant (JAG) Program Florida Department of Law Enforcement 12. Pmp<!.rty Accountability a. The subgrant radpient agrees to use all non-expendable property for criminal Justice purposes during its useful fefe or dispose of it pursuant tc§ 274, Fla. Stat b. The subgrant recipient shail estabHshand administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set fbrth in the Omee of Justice Pwgrams Financial Guide, U.S. Department of Justice Commoil Rule for State and Local Governments or the federal OMS Circular A-110 or A-102, as applicable. This olJligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of tbis agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventfons, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, orlhe federal OMS Circular A-11 0 or A-102, as applicable. 14. Copyright The awarding agency reserves a royalty-iree 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 developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subreoipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, Of 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. Ail materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Grant No. [contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the Nationallnslitute of Justice, the Office of JuvenUe Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing,' Monitoring, Apprehending, Registering, and Tracking. pcrnta of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 1&. Audit a. Subgrant reCipients thatexpend$500,OaO or more in a year in Federal awards shall have a single or progrEim-specific audit coodtICted for that year. The audit shall be performed In accordance with tree federal OMS Circufar A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule'of Federal Financial AssJstance 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 disbur.se-d. When appl1cable, the SFY 2012 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement SlIbgrant reclpiert! shall submit an annual fmandal audit that meets the requirements of § 11.45, Fla Stat., "Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat., ''Florida Single Audit-Acf'; 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 otthis agreement must be submitted within 30 days after its completion, but flO later than nine (9.j months after the audit period. in order to be complete, the submitted report shall include any management letters issu.ed separately and management's written response to all findIngs, both audit report and management tetter findings. Incomplete audit reports will not be accepted by the Depariment c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shaU 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, Of 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-;33 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 disal10wed costs Identified in an audit completed after such closeout. h. The completed audit report Of written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recrpient, the subgrant recipient's consultants and suppliers, or both., the Department shaH impose sanctions it deems appropriate including withholding payments and canceliation, termination, or suspension of the agreement in whole or in part. In such event, the Department shaH notify the subgrarrt recipjeflt of its decfsiDIl thirty (30) days in advance of the effective date of sllch sanction. The s~bgrant recipient shall be. paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of FroJect a. II a project Is not operationaJ within 60 dajlS of tile original start date of the award period, the sllbrecfpient must report by letter to the Department the steps taken to initiate the project, the SFY2012 Page" 6 Edward Byrne MernoriafJustrce Assistance Grant (JAG) Program Morida Department of Law Enforcement reasor", for delay, and the expected start date. b. If a project is not operational within 90 days of the original s't8rt date of the award period, tire sub-recipient must submit a second statement to the Department explaining the implementation deiay. c. Upon receipt of the ninety (90) day letter, the Department shaH determine if tbe reason for delay is justified or shaH, at its discretion,. uni!.atera-Ily terminate this agreement and rae obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of tbe project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays 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 cr negligence 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 contractuai capacity, nres, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shail be beyond the control and without the fault or negligence of the subgrant reCipient. b. . If failure to perform is caused by fallure 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 fauR 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 subgrant 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. 20. Written Approval of Changes in this App.roved Agreement (Grant Adjustments) 8. Subgrant reCipients must obtain pFior approval from the Department for major substantive changes such as chenges in project activities, target populations, service providers, implementafion sch:edules, project directo.r, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer mo.re than 10'% of the total budget betwean 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 the funds are transferred to an existing line item c. UndeF no circumstances can transfers of funds increase the total budgeted award. d. Requests for changes to the subgrart! agreement must be electronically signed by the SPY 2.012 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement subgrantee or implementing agency's chief official or the chjefofficial's designee. a Any certifications re.quired for the requested changes, such as Sale Source, ADf' Justification, Privacy Certification forms, and Confidential Funds certifications, must be signed by the subgrantee or implementing agency chief cfficial or someone with formal, written signature authority for th.e chief official. 21. Disputes and Appeals a. The Department shall make its decision in writing yvhe!l responding. to any disputes, disagreements, or questions of fact ansingunder this agreement and shall distribute its response to all concerned parties. The subgrant recipient shari p.roceed diligently with the performance of this agreement according to the Departrnent's decision. . b. If the subgrant reCipient appeals the Department's decision, the appeal aiso shall be made in writing within twenty-one (21) calendar days to the Department's cleri( (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 22. 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. 23. Access To Records a. The 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, shaU have access to bOOKS, documents, papers and records of the subgrant recipient, implernenting 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 ols 119, 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 right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records • The sUbgrant recipient. shall maintain aH records and documenfsfor a minimum of fi'le (5) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly aLtthorized persons. The subgrant recipient shall compJy with State of Florida General Records Schedule GSl-SL for State and Local Government Agencies: httJ:r.f fdlfs. dos~state. ft. usibarm/genscheduleslGS 1-SL pdf. SFY2012 Page 8 Edward 8yme Memorial Justice Assistance Grant (jAG) Program Florida Departrnent ofLaw Enforcement 25. Personnel Changes Upon impiementatlon of the project, in the event there is a change tn Chief Officiajs for the Suhgrant recipient or implementing Agency, project staff must nctify 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. 26. Background Check Whenever a background screening for employment or a background security check is required by law for employment, urrless otherwise provided bYlaw, 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 holline; 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 required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuseslo 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 cr applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 2Z. Drug Court Projects. A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment-Based Drug Court Programs." 28. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with ali allied components oflne criminai justice system in the affected jurisdlctlon. The purpose of this consultation is to anticipate and »Ian for systemic impacts such as increased court dockets and the need for detention space. SFY2012 Page 9 Edward Byrne Memorial JuStice Assistance Grant (JAG) Program Florida Department of Law Enforcement 29. Cilmlna:f intelligence System The subgfant recipient agrees that aAY information technology sy.stem funded or suppo.rted by the Office o.f Jusilce Programs funds wiH comply wit'l 28 C.F.R Pari 23, Criminal Inteiligence Systems Operating Policies, if the Office of Justice Programs determineslhis regulatio.n to. be applicable. Sho.uld the Office o.f Justice Programs determine 28 C.ER Part 23 to be applicable, the Office o.f Justice Programs may, at its discretio.l1, perform audits of tbe $ystem, as per 28 C.F.R. 23.20(g). Should any vio.lation o.f28 C.F.R Part 2.3 o.ccur, the subgrant recipient may be fined as per 42 U.S.C. 37S9g(c)-(d). The subgrant recipientmay no.t satisfy such a fine with federal funds. 32. Confidential' Funds A signed certification thatthe project director or the head of the implementing Agency has read, understands., and agrees to. abide by all of the condftions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunit1j (EEO) a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, cclor, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily- imposed nondiscriminatio.n requirements, which may indude the Omnibus Crime Control and Safe Streets Act o.f 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 o.f 1975 (42 U.S.C. §§ 6101-07); and Deparunsnl of Justice Non-Discriminatio.n Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith- based and community organizations). b. 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-Hne short form at http://vvww.o.jp.usdoj.govfaboutlocrfeeopcomply.htm, must be retained by the subgrant recipient or implementifl.g agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice-approval letter must be submitted to FDLE. The approval Jetter expires two years from the. date of the Jetter. d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 5D employees or ifit does not rece[V'e 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. ~f an organization is exempt from the EEO Plan requiremen~ it must submit an EEO Certification to FD·LE. e. Th'e subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start daie may resuit in suspension or termiqation of funding, untfl such time as it is in compl1ance. SPY2V12 Page 10 Edward Byme Memorial J.ustice Assistance Grant(JAG) Program Florida Department of Law Enforcement f. In the event a Federal or Stale courtaf Federal or Stata a:d'!1:TinistrativE! agency makes a finding of discrimination after a due process healing on iJre grounds of race, color, reiigion, national origin, sex, ardisabiHtyagainst a recipie, " of fU11ds, the recipientwfll fOlVlard a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans wit" Disabilities Act (ADA), Public Law 101-:3'36, which prohibits discrimination by public and private entities on the basis ofdisabiiity and requires certain accommodatlons be made with regard to employment (Title I), stale and local government se/vices and transportation (Title II), public accommodations (Title Ill), and teleccmmunications (Tiile IV). 35. Immigration and Nationality Act No public furrds 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 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the empioyment 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 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of 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, (i) 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 i OO-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 use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other man chemicals that are (a) purchased as an incidental component ofa funded activity and (b) traditionally used, for exampie, in office, househoid, recreational, cr educational environments. (5) Implementation ofa program relating to clandestine methamphetamine laboratory operations, including the icfenti'fication, seizure, or closure of clandestine " methamphetamine laboratories. b'. The subgrant recipient understand" and agrees that com:plyiog with NEPA may require th.e preparation of an Environmental Assessmentand/or an EDlfironmentallmpact Statement,as directed by the Bureau of Justice Assistaf1ce. The swbgranl recipientfurther understands and agrees to the reqUirements for Implementation of a Mitigation Plan, as detailed by the Department of Justice at http://www.ofp.usdoj.gov/B.JA!resoUrceineDa.html. for programs Feiaiing to methamphetamIne laboratDry opemttons. SFY 2012 Page 11 Edward Byrne Memorial Justioe Assistance Grant (JAG) Program Florida Department of Law Enforcement c, For any of a sub grant reoipient's existtrtg programs or activities thal will be funded by trrese subgrants, the subgrant recipient, upon specific requestfrom the Department 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 fhat funded program or activity, 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Exacutive Order 1-2549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Govemmentwide Debarment And Suspension (Nonprocurement)" These procedures require the subgranl redpiant 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 f;om participating in this ccvered 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 department 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 ccmmission of embezzlement, theft, forgery, bribery, falsificetion or destrJction 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) tennlnated 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 llie the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgnent recipient for award of federal contract, g,nent, or cooperative agreement of $100,000 or more, b, This certfication is a material representation of fact upon which reliance was placed when this agreement was made, Submission of this certfication 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 subjectto a civil penalty of not less than $W,OOO and not more than $100,000 for each failure to me, c, As required by 31 USC 1352, and impiemented at28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 Cl'"R 69, the applicant certifies that (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for irri'luencing or attempting to infiuence an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federar SFY 2012 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement grant, the entering fnto of any .cooperatlve agreement, and the extension, continuation, renewal, amendment, ormodlflcailon of any Fed.eral grant or coopemlive agreement; (2) rf any funds othar than Fedaral appmpriated funds have been paid or will be paid to any person lor in.f[uendngor attempting to influence an officer or employee of any &;Jency, a Member of Congress, an officer 0; employee of Congress, or an emp!.oyee of a Member of Congress in connection with this Federal grant OT 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 th is certification be included in the award documents for ali subawards at all tiers (inc!ud ing subgrants, contracts under grants and cooperative agreements, and su.bcontracts) and that all sub-reclpients shalf certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure offunds 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 or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. 41. "Pay -to -Stay" Funds from this award may nol 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-lo-stay" prograrns. "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, no! 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. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the sub grant recipient must comply with this condition, which provides for individual site environmentel assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement The subgrant iecipient agrees to complywfth Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation oJ these laboratories. b. Specificgequirements: The subgrant redpient understands and agrees that any pro.gram or initiative invomng the identification, seizure, or closure of ciandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other g.overnmental personnel involved; (2) any res·fdents, occupants, users, and rrei.gITbors of ilie site of a seized clandestine laboratory; (3) th.e seized laboratory site's immediate and surrounding environment of the site(s) where any remainin(1 chemicals, SFY 2012 Paget3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement equipment, and vvaste from a seized laboratcry's operations are placed Of corne to rest. Therefore, the subgrent recipient further agrees that in order to avoid Dr mitigate the possible adverse health, saferj and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine,below fisted protective measures or components; (2) provide for their adequatefundingto include fundin9., as necessary, beyond that provided by this award; and (3;) implement these protective measures directly throughout the life of the subgrant. in so doing, lhesubgrant recipiant understands that if may implement these protective measures directiy through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualiffed third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if oi 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 etther the seiZUre or closure of dandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protactive wear and other required safety equipment;. (4) Assign properly trained personnel to prepare a comprehensive contaminatton report on each closed laboratory; . (5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipmen~ 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, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; (81 Have in place and implement an inter-agency agreement Of other fomn of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of th'e 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 necessary, and in accordance with existing State. and Federal requirements; and (9) Have in place and implement a written agreement with tile 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 who can (i) respond to the potantial health needs of any minor althe site; (Ii) take that minor into protectivB custody unless the minor is criminaJly involVced in the methlab activiti.es or rs subject to arrest for other criminal violations; (iii) ensure immediate medical testirrgfor methamphetamirr.e toxicity; and (Iv) arrange forany foHow-up medical tests, 'examinations, or heallh care made necessary as a result of methamphetamine toxicity. 43. Limited English Proficiency (U::?) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rig,hts Act of SFYZ012 Page 14 Edward Byrne Memorial Justice jI,ssistance Grant (JAG) Program Florida Department of Law Enforcement 1;964, 42 U.S.C. § 2000d, recipients of Federal financial assisianc.e mtJSt take reasonable stsfis to provide meaningfuJ access to their programs and activities furpsiSons with LEP. For more information on the civil rights responslbititie:s that reCipients have in providing language services to LEP mdlvidua[s, ptease see the website at http;!/WWlN.iep..goli. 44. The Coastal Barrier Roo<i>tI1'C'eS Act Tne subgrant recipient wm comply and assure the compliance of.al/ contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October1g, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of [he Coa&'B1 Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgranl recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school sacurity measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessmen.t in its Final Program Report. 46, Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient assures that the facilities under its ownerShip, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it wiH 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. 47. Flood Disaster Protection Act The subgrant recipient wHi 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. ·48, Natlcnai Historic Preservation Act It wiil assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identiflcation 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 Poficy Act of 1969 (42 U.S.C. § 4321). 49. Omnibus Crime Control and Safe Streets Act The s.ubgrant recipient will comply and assure the compliance of al! contractors, with the applicable provisions of Title I of the Omnibus Crime Conlml and Safe Streets Actor 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisionsofthe current edition 01 the Offtce of Justica Program Financial and Admlnistrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regUlations. SFYZ012 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Departmeflt of Law Enrorcemer.t SO. Human Researc.h Subjects Subgrant recipient agnees to comply with tbe requirements of28 C.F.R iJar! 46 and all Office of Justice Prograrns policies and procedures regardj~g the proiectlonof human research subjects, inciuding obtainment of !nstitutional Review BoaI'd approval., if appropriate, and subject informed consent. .51. National Information Excb.ange Model speCifications To support public safety and justice information sharing, the Office of Justice Programs requires thesubgrant recipient to use the ~Iationall.nformation Exchange Model (NIEM) specifications and guidelines for this particular grant. Subgrant recipient shall publish and make available without restriction all schemas generated as a resuliof this grant to the component registry as specified in the guidelines, For more information on compliance with this condition, visit http://www,niem,gov/impiementationquide,phr. 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation reqUirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance, 53. Privacy Certification The subgrant recipient agrees to comply wtth ali confidentiality reqUirements of 42 U.S,C. section 3789g and 28 C.F.R. Parl 22 that are applicable to collection, use, and revelation of data or information. Subgranl reCipient further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 CF,R, Part 22 and, in particular, section 22.23. 54. State Information Technology Point of Contact The sUbgrant recipient agrees to ensure til at 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 recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://,vww.il.ojp,gov/defauitaspx?area=policyAndPractice&page=1046. 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems Which involve interstate connectivity between jurisdictions, such systems shalfempJoy, 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 requkement would not be cost effective or would impair the functio.nallty of an existing or proposed IT system. 5S. Supplantin.g Th-e subgrant recipient agrees that funds receiVed under this award wifl no! be used to suppiant State or local funds, but wi!! be used to ifTcrease-the amounts of such funds that WOUld, in the absence Cff Federal funds, be made available for law enfarcement activities. SPf2012 Page 16 Edward Byrne Memo:ria! Justice Assistance Grant (JAG) Pro.gram Florida Department of Law t:.nforcement 57, Conflict of Interest The subgrant recipient aud impl.ementfng agency wiii establish safeguards to prohibit ernployees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 58. Uniform Relocation ASSistance and Rea! Property Acquisitions Act The subgrant recipient will comply witt! tRe requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), wtrich govem the treatment of persons displaced as a result of federal and federaliy-assisted prcgrams. 59. Umitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an aciivity financed in whole or in part by federal assistance. 60, 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 Organizatlons" (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 program, 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 by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a benefiCiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/eguallbo.htm. 61. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the . employee. 62. Reporting Potential Fraud, Waste, Abuse, ana Srmilar Misconduct The subgrant reCipient must promptly refer to. the Florida Department of Law Enforcemetlt, Office o.f Criminal Justice Grants any credibl.e evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflictof interest, bribery, gratuity, or similar misconduct involving grant funds 63. Task Force Training Requirement The subgrant reCipient agrees that within 120 days of award, lor any law enforcement task force funded with these funds, the task force commander, aget.1cy executive, task force officers, and other task ferce members of eq.livalent rank, will complete required online (internet-based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership-Afl current and n:ew task force members are required to complete this training once Sf'Y 2012 Page 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement during the !ife of the award, Of once every four years if multiple awards include this requirem.ent This training will address task force effecti\(eness as wei! as other key issues including privacy and ciVil Hberties/rights, task force performance measurement, personnal selection,. and task force oversight and accountability, Additional information will be provided by ·BJA re.garding the required training and access methods via BJA's web site and the Center for Task. Force Integdty and Leadership (wwN,ctfli,o~g), 54, Ftmds to Association of Community Organizations for Reform Now (ACORN} Una!JoV\l'?b1e Subgrant recipient understands and agrees that it cannot use any federal funds,eilher directly or indirectly, in support of any contract or subaward to either the Assaciation of Community Organizatians for Reform Now (ACORN) ar its subsidiaries, without the express prior written appraval of OJP, 65. 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, 66. Text Messaging While Driving Pursuant to. Executive Order 13613, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed, Reg, 51225 (October 1, 2009), the subgrantrecipient is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing wark funded by this subgrant and to. establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 67, Central Contractor Registry (CCR) The subgrant recipient must maintain the currency of its information in the CCR until it submits the final financial repart required under this award or,receives the final payment, whichever is later. This requires that the subgrant recipient review and update the informatiol'l at least annually after the initial registration, and mare frequently if required by changes in its infOfmation or another award term, 68. 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 compensatian exceeds 110% of ihe maximum salary payable to. a member of the Federal governm.enfs Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year, (The salary table for SES employees is available at http://w.vw,oom.Qov/oca/10tables/indexSES,asp,) . (A subgrant recipient may campensate an employee at a higher rate, provided the amount to excess af this compensation limitation is paid with non-federal funds,) This limitation on campensation rates aliowabl.e under this award. may be,waived on an individual basis at the discretion of the OJP official indicated in the program announcement underwhich this award is made, SFY2012 Page 1-"8 CERTIFIC.ATION FORM Federal regulations Lequire recipien.ts of financial assistance from the Office o-f J,-:-sti:ce Programs (OJP)" its component agencies." and the Offie-a: of Com.munity Oriented Policing Services (COP'S") to prep-are. maintain orr ffie~ submit to OJP for review', and implement an Equal Employment Opportunity Plan (EED?) in accordance with 28 C.F,R §§ 42,301·308. The regulations e,xempt some recipients from an of the BEOP requirements. Other recipients) according to the regulations, must prepare, main-tain.on file and implement an EEOP, but they do not need to submit the EEO-P to OJP for review. Recipients that claim a complete exemption from the-EEOP requirement must c9mplete' Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Sec-tion B below. A reclp'ient shou.ld com'plete either Sectioll A or Seetio!! B~ -not both .. Ifa recipient receives' muTtiple OJP or COPS grants, pleas'e complete a form. for each grant~ ensuring that any EED? recipient certifies as completed and on file (if applkabfe) has been prepared within two years of the latest grant. Please send. the completed formes) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. 810 i h Street) N.W., Washington. D,C. 20531. For assistance-in completing this form, please call (202)307~ 0690 or TTY (202) 307·2027, Section A-Declaration Claiming Complete Exemption from the BEOP Requirement. Please check all the boxes that apply, o o '0 Recipient has less tIm'll 50 employees, Recipient is-a: non-profit organization, Recipient is a medical institution, o Recipient is an Indian tribe, o Recipient is an educational institution, or nv .. ·· .. iecipient IS receiving an award less than $25,000 1, \\10.\..'1(:" 'j)\:\~L i) ,c.+r.;';:' ""A , e ~l .\) [responsible official], certify that ('" '."3'"'1 \ • .J ('''If "r:,t~" tj, "' tl )\'\ C<""i \; I [recipient] is not required to prepareian EEOP for the reason(s) checked above, pnrsuant to 28 C.F.R §42.302. r further certify that,:c-:--:.,---:--:--:-:::-,--,,-_ C c~· L, ",{ .,<;,~'.'l'h t,-i\.l c:(, h·, '\ [recipient] will comply with applicable Federal civil rights la';s that prohib!~disc;iminati~n. ,in employmen~. and ipth~,~livery o\'fe~Wrs.f I j A/I I\, ;\(;1, '" 'l()¥" ,-\'" d L '(-' ,::,t?, ,~c'C~"",' ""\, f-'h, tJ, "_-,r(('",t-Nf/'::""flf",/J'''VJ,,-_"--, .h,,,'df'---'L:oJ,~=_=hJ,-____ _ I • ' , .. r ! Print o"r-type Name and Title Signature Date Section B-Declaration Claiming Exemption from the EEOP Submission Requirement and CertifYing That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or sub award for $25,000 or more, but less than $500 10-00, then the recipient agen:cydoes not have to submit an E-EOP to OJP for review as long as it certiIJ.es the following (42 C.F,R. § 42.305): I, {responsible officialf, certify that the [recipient],which has 50 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 CPR §42301 , et seq" subpartR r further certify that the EEOP has been formulated and signed int.o effect within the past two years by the proper authority and that it is available for l7eview, The BEOP is on file in the office of:' . [organlzatlonj, at {addressI,fur review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U, S .. Departlnent of Justice, as required by relevant laws and regulations, P"rint or type Name a"nd Tit!e Sfgnatu"re D-ate OMB A1'ProvulNo, 1121,014D Expiration Date: 12131112 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -Direct in witnBSS whereof, the parties affi!11l they each have read and agree to the conditions set forth ·in this agraement, have read and understand tl-je agreement in its entirety and have executed this agreemel1! by their duty authorized officers 011 the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are !:lot acceptable. Signature: ___ QJ2~~n.:f~~'W~~~~o.-l~· --,----_ ·:1}~k •• ~'~*~ Typed Name and Title: ''''If''''W Date: _____ ----'-l---';).=~'---~-'--'2.=----------- ::::.~ of S'?lJ;UaJ';\J't Si";\> lk "'~ f Typed Name and Tttfe: Ll\,:,:\"'v ..... "'\t'i OlJ' i'--·-"---,f_)-,-:~'-'-\'-\ '\,-:" ~H~i-)-1'~Sec··--\-l·L"~,-{ ... .:.!.~~_~:.:(,,,,~A-,t."-"~+--,~,-~)--,I·-'\""..l(L)..:;' __ _ Date: Signature: Typed Name and Date: ,-) "'-'-=-""i"---f-""1"-UcJ.ll--,:+~"--''"''-''-'''-'-''---'---'-'.:;.u-\-''-'-~ '" 11 (C . App.lication Reftl 2012-JAGD-i227 Section #& Pag.e 1 of 1 Contract 2012-JAGD-DADE-11-05- Rule-Reference 110-9,.OQ6 OCJG-005 (rev, April 2005)