Res. No. 206-07-12591111MINM
WHEREAS, the Florida Department of Law Enforcement through the United States Department of
Justice, Edward Byrne Memorial Justice Assistance Grant Program (JAG) has allocated/set aside $10,000.00
for the City of South Miami Police Department; and
WHEREAS, it is a requirement of the grant that acceptance of funds be approved by the governing
body of the recipient municipality; and
WHEREAS, the Police Department desires to use the funds, if awarded, for the purpose of
improving/upgrading the paperless system of criminal justice reporting by purchasing four (4) laptops,
software licenses and annual air card services; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City Manager is authorized to accept, if awarded, money through the
Florida Department of Law Enforcement from the United States Department
of Justice, Edward Byrne Memorial Assistance Grant Program (JAG) in the
amount of $10,000.00.
Section 2. The purpose of the accepting these funds is to improve/upgrade the paperless system
. of criminal justice reporting by purchasing four (4) laptops, software licenses and
annual air card services.
Section 3. This resolution shall take effect immediately upon execution.
PASSED AND ADOPTED this �?day of 4&agoda-, _, 2007.
TEST: I
CITY CLERK
VIA
Commission Vote
7READ, O'VED AS TO FORM: Mayor Feliu:
�IND Vice Mayor Wiscombe:
Commissioner Palmer:
Tb RN E
-----_-Commissioner Birts:
,
I
Y Commissioner Beckman:
5-0
Yea
Yea
Yea
Yea
Yea
07-r1mum
Agenda Item # _
To: The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manager
From: Vincent A. Landis, Chief of Police
"! if IT � � i � 122=111
Request: The Police Department is requesting to use the JAG Grant, if awarded, for
the purpose of improving/upgrading the paperless system of criminal
justice reporting by purchasing four (4) laptops, software licenses and
annual air card services.
Reason/Need: The Florida Department of Law Enforcement through the United States
Department of Justice, Edward Byrne Memorial Justice Assistance
Grant Program (JAG), has allocated/set aside $10,000.00 for the City
of South Miami Police Department. This resolution is being brought
before the Commission because it is a requirement of the grant that
acceptance of funds must be approved by the governing body of the
recipient municipality.
W-M
N/A
Funding Source: Florida Department of Law Enforcement thru the United
States Department of Justice JAG Grant Program
Backup Documentation: Draft Resolution & Notification Letter
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
Subgrant Recipient
Organization Name: City of South Miami
County: Dade
Chief Official
Name: Horace Feliu
Title:
Mayor
Address:
6130 Sunset Drive
City:
South Miami
State:
FL Zip: 33143
Phone:
305-668-2484 Ext:
Fax:
305-663-6348
Suncom:
Email: bross@cityofsouthmiami.net
Chief Financial Officer
Name: Eliza Rassi
Title:
Finance Director
Address:
6130 Sunset Drive
City:
South Miami
State:
FL Zip: 33143
Phone:
305-663-3861 Ext:
Fax:
305-663-6346
Suncom:
Email: erassi@cityofsouthmiami.net
Application Ref # 2008-JAGD-521 Section #1 Page 1 of 2
Contract -JAGD-DADE- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
AA
pplication for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
MI
Implementing Agency
Organization Name: South Miami Police Department
County: Dade
Chief Official
Name: Vincent Landis
Title:
Chief of Police
Address:
6130 SW 72 Street
City:
South Miami
State:
FL Zip: 33143
Phone:
305-663-6336 Ext:
Fax:
305-663-6337
Suncom:
Email:
vlandis@,cityofsouthmiami.net
wansig��
Name: Bruce Ross
Title:
Lieutenant
Address:
6130 SW 72 Street
City:
South Miami
State:
FL Zip: 33143
Phone:
305-663-6313 Ext:
Fax:
Suncom: 305-663-6337
Email: bross@cityofsouthmiami.net
Application Ref # 2008-JAGD-521 Section #1 Page 2 of 2
Contract -JAGD-DADE- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
d�n���0~���^K�U� �m� K���U�v�^0��� �/��~�����ce
Application ..~ Funding ~" ~ ��~'~_-
Florida Department OfLaw Enforcement
Justice Assistance Gnant- Direct
General Project Information
Project Title: IMPROVEMENT/UPGRADING OF THE SOUTH MIAMI POLICE
DEPARTMENT'S PAPERLESS SYSTEM OF CRIMINAL JUSTICE
REPORTING
Project Sequence No: 1
Subgmmnt Recipient: City of South Miami
Implementing Agency: South Miami Police Department
Project Start Date: 2/1/2008 End Date: 7/31/2008
Problem Identification
The South Miami Police Department was awarded gmnts funds in 2000 by the O0to begin
poporeoa system of criminal justice naporting. They began their efforts by supplying patrol officers
with laptop computers. This allowed officers to complete reports in the field and conduct
background checks on subjects during traffic stops and/or field interviews. Although the
department was able to purchase 28 laptops, they fell short in being able to supply each officer
with equipment. Additionally, some computers are now almost 5orO years old and in need of
constant repair orreplacement.
Project Summary
Keeping as current with equipment and software as possible, the department wishes to purchase
new laptop cumputers with software for patrol officers. This equipment will make it possible to
access the necessary data from NC|C/FC|C without calling the dispatcher. Many times, o
dispatcher is so busy handling various responsibilities that an officer will have to wait to receive the
information they requested. This da|atan endanger un officers life. Once an officer oaaccess
NCIC/FCIC from the patrol vehicle, the dispatcher will be relieved of this additional duty and the
officer will have the informaUonmt his/her fingertips. Incorporating laptop reporting at the patrol
officers level would establish a more efficient record process. The use of laptop computers will
naducathetinneneodedtoatoredataondpnzvidefbrarnoraaoouradmneoovdofpoUoeaervioao.
The patrol officers will be able to complete their reports in their patrol vehicles thus almost
eliminating the officer to respond back to the station and staying out on patrol providing a effective
and efficient service for the citizens. Also, the department has has determined that monies used to
repair orto upgrade older laptops are better spent to buy new equipment.
Application Ref # 2008JAGD-521
Contract -J\8O-DADE'--
Rule Reference 110-9.006 ocJG-005 (rav April 2005)
Section #2 Page I of 1
F
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
Federal Purpose Area: 01C - Law Enforcement Programs - Procuring Equipment
Application Ref # 2008-JAGD-521 Section #3 Page 1 of
Contract -JAGD-DADE- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
"A�"211,
'g
General Financial Info:
Note: All financial remittances will be sent to the Chief Financial Officer
of the Subgrantee Organization.
Financial Reporting Frequency for this Subgrant: Annual
Is the subgrantee a state agency?: No
SAMAS I Vendor Number: 59-6000431
Budget:
Budget Category Federal Match Total
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
$10,000,00
$0.00
$10,000.00
Outlay
Indirect Costs
$0.00
$0.00
$0.00
-- Totals --
$10,000.00
$0.00
$10,000.00
Percentage
100.0
0.0
100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref # 2008-JAGD-521 Section #4 Page 1 of 3
Contract -JAGD-DADE- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
M
Budget Narrative:
OPERATING CAPTIAL OUTLAY
The grants funds will be used to purchase four (4) laptop computers, four (4) sets of software
licenses and four (4) air card services-annual.
*Laptops ..........................4 @ $1,551 = $6,204
*Software Licenses ................4 @ $531 = $2,124
*Air Card Services-annual ......... 4 @ $720 = $2,880
TOTAL $11,208*
*Note: The balance of $1,208 will come from the State and or the Federal Forfeiture Fund
Application Ref # 2008-JAGD-521 Section #4 Page 2 of 3
Contract -JAGD-DADE- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
�umU�U^x~��~K��� �w�� ��V�K�^�~U��� ����^���U�ce
°���""~�=~~ ~~~ Funding _, ~ ~~_.~-._
Florida Department of Low Enforcement
Justice Assistance Gnard- Direct
Section Questions:
Question: Indicate the Operating Capital Outlay threshold established by the subgrantee. Enter
N/A if not applicable.
Answer: To properly complete this grant project, thepo|ioodepartnnoothaaaUooetadupio
$2,000 from the State and or Federal Forfeiture Fund to cover the costs over the
grant award.
Question: If Salaries and Benefits are included in the budget as actual costs for staff in the
implementing agency, io there a net personnel increase? Enter N/A if not applicable.
Answer: N/A
Question: If benefits are tobo paid, are they included in your budget narrative? Enter N/A ifnot
applicable.
Answer: N/A
Question: |f indirect costs is included in the budget, indicate the basis for the plan (a.Q.percent
of salaries and benefits), and provide documentation of the appropriate approval of
this plan.
Answer: N/A
2008-l4GD-521 . Section #4 Page 3of3
Contract 'lAGD-0ADE---
Rule Reference 110-9.0ooOoJo-0oo(re" April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
21IMMIM �
Application Ref # 2008-JAGD-521 Section #5 Page 1 of
Contract -JAGD-DADE- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
Conditions of agreement requiring compliance by units of local government (subgrantnecipients).
implementing agencies and state agencies upon signed aCCeotanceofOheoUborandavvardoppoorin
this section. Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding. Failure to comply with provisions of this agreement will result in
required corrective action upto and including project coetebeingdiso|!ovvedondterminaUonofthe
project, as specified in item 17 of this section.
I . All Subgront Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S.Department of Justice, Office of Justice Programs
(OJP) Financial Guide and Edward Byrne Memorial Justice Assistance Grant (JAB)
Program Guidance aewell as Florida laws and rngmlo§mna including the Florida
Administrative Code Chapter I ID-B, Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Program. Further, the Sobgramt Recipient agrees
to comply with, all Federal statutes, regulations, policies, guidelines and requirements,
7mcUmd(mg OMB Circulars A-21,A-110,A-1 02, A-1 22,A-1 33,A-87,aoapplicable; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR,
Part 66, Cmrnnmom Rule and Part 67, Drug-free Workplace, Equal Treatment Regulation 28
CFR,Pert 38.
2. Allowable Costs
o. Allowance for costs incurred under the eubgrant shall bedetermined according to the general
principles of allowability and standards'for selected cost items set forth in the OJP Financial
Guide, U.S. Department of Justice Common Rule for State And Local Governments and
federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments",
or OMB Circular A'21. "Cost Principles for Educational |nstitubonn^
Lz All procedures employed in the use of federal funds for any procurement shall beaccording
to U.S. Department of Justice Common Rule for State and Local Governments, or OMB
Circular A-11O. or OMB Circular A-102, and Florida law tobe eligible for reimbursement.
3' Reports
o` Project PedhrmonceReports — JAG Countywide Only
(1) Reporting Time Fmamea:Theouboront recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, bv February 1. May 1. August 1. and within forty-five (45) days after the
oubonant termination date. |n addition, if the eubgnant award period ie extended beyond
the "ohgino|" project pghod'odditional(JugrtedyP jectPerforrnanoeRoportsehu||be
submitted.
Failure b] submit Quarterly Performance Reports that are complete, accurate and timely
may result in sanctions, as specified in item 17, Performance of Agreement Provisions.
(Z) Report Contents: Performance reports must include both required sections, the
quantitative response (in response to specific objectives and measures) and the
qualitative narrative. The narrative must reflect on accomplishments for the quarter,
incorporate specific items specified for inclusion in performance measures, and also
identify problems with project implementation und address actions being taken to resolve
the problems.
3FY2DOH Page
Rule Reference YYD-A0O0 OCJS-005(rev October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
b' Financial Reports
(1) Project Expenditure Reports
(a) The JAG Countywide eubormnt recipient shall have a choice of submitting either o
Monthly OraQuarterly Project Expenditure Report b) the Department. Monthly
Project Expenditure Reports (1-11)aredueUlirty-nne(31) doyaofertheendofthe
reporting period. Quarterly Project Expenditure Reports (1-3) are due thirty-one (3
1
)
days reporting . i .|noddition.iftheauborantavandperiodie
extended, additional Project Expenditure Reports shall be submitted.
0d The JAG Direct ouborant recipient shall submit one Project Expenditure Report for
the entire auborantperiod.
��(p'�e�ndi���r�im���e��o������c�S��
`' submitted ^ on the Project ExpenditureRemort Forms prescribed and provided by the
Office of Criminal Justice Grants /OCGJ\.
(1) All Project Expenditure Reports shall be submitted iD sufficient detail for proper pre-
audit
Ueaubo��
nl
` ' recipient must sub'tothe Department all outstanding project reports and must Before the "final"
have satisfied all special conditions. Failure to comply with the above provisions
shall result in forfeiture of reimbursement.
(f) Reports are tobesubmitted even when Doreimbursement is being requested.
CZ\ The Closeout Documentation shall be submitted tothe Department within (4H5)
days of the subgrant termination period.
(3) If applicable, the aubgrant recipient shall submit Quarterly Project Generated Income
Re���eho the Depa�mentbv February 1.K8ey1. August 1. and vv�h|nfo�y-|ma(45)
days �' after the eubgnarttenn�aUon date oovehngaubgnantp jectQenaratedinoonneand
expenditures during the previous quarter. (See Item 10. Program |ncnrne.)
o. Other Reports
The 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
o. The eUbon'a� nt recipient nhaUaetaNishfioCa|contn}|aAdfundoCcoUOUngmrocedUreeihat
assure proper d ursenentandocooVnUn0ofeubonantfundaondrequ\nodnon-hedana|
expenditures.
All funds spent on this project ohoUbedisbunsedacnopdingtoprovisioneofth8
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as
anlended).U.S.Deoo�n�entofJunt�eConnnnon Rule �rState and Local (�ovennnnents.and
federal 'manfW1'nogernent and Budget's ({}K8B) Circulars A'21.A-87. and Ar11O,orAr1O2
as applicable, in their entirety.
c. All funds not spent according b} this agreement shall be subject tO repayment bv the subonant
8FY20O8 Page
Rule Reference 11D'9.000 OCJG-0Db(rem October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
5' Payment Contingent oo Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
on annual appropriation bv the Florida Legislature. Furthermore, the obligation ofUleGtateof
Florida to reimburse subgrant recipients for incurred costa is subject to available federal funds.
G. Obligation mfSubgrant Recipient Funds
Subor�Dt funds shoUnot under any drcunlStanC8Sh8ONi a[edp[k�hOthoefhecUved8tenr
subsequent ~ hotheternlinotiondeteoftheoubgrant period. Only project coat incurred onorafter
the effective dataondonnrphortnU1oterminatiDndoteoftheeubgnyntnecipient'aproject are
eligible for reimbursement.
7. Advance Funding
a. JAGCountvvvde - Advance .ndingnnaybeauthor� for C25\ of
Ulefodera|' award for each project according ho Section 21O181(1S)(b). Florida Gtaiubae. the
OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local
Governments. Advance funding shall be provided bJoaubonard recipient upon mwritten
request ho the Department. This request, shall be either enclosed with the aubgrant
application or submitted to the Department prior bzthe first request for reimbursement.
Justification should address a 30/60/90-day need for cash based on the budgeted activities
for the period.
b. JAG Direct — The Department shall award program funds to the recipient in a single, lump
sum payment.
8. Trust Funds
a. The unit of local government must establish o trust fund }n which to deposit JAG funds. The
trust fund may or may not be an interest bearing account.
b. The account may earn interest, but any earned interest must be used for program purposes
and expended before the subgrant end date.
SL Travel and Training
e. All travel expenses relating to field trips with youth requires written approval of the
Department prior to commencement of actual travel.
u The cost of all travel shall be reimbursed according to local regulations, but not in excess of
provisions in Section 112.061. Florida Statutes.
d. All bills for any travel expenses shall be submitted according to provisions inSection
112.061. Florida Statutes.
10' Program Income (also known as Project Generated Income)
Program income means the gross income earned bythe subgrant recipient during the subgrant
period, aso direct result of the oUborantaward. Program income shall be handled according to
the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local
Governments (reference 31CFRPart 2OO- Management of Federal Agency Receipts,
Disbursements, and Operation of The Cash Management Improvement Fund).
SFY200O Page
Rule Reference IYD-Q.DOO O[JG-0D5(reu October 20D5)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
11' Approval mf Consultant Contracts
The Department shall review and approve iD writing all consultant contracts prior to employment
ofo consultant when their rate exceeds $45O (excluding travel and subsistence costs) for an
eight-hour day. Approval shall be based upon the contract's compliance with requirements found
in the OJP Financial Guide, U.S. Department ofJustice Common Rule for State and Local
Governments, and in applicable state statutes. The Department's approval of the subgrant
recipient agreement does not constitute approval of consultant contracts.
12. Property Accountability
o. ThaGuborant recipient agrees ho use all non-expendable property for criminal justice
purposes during its useful life or request Department disposition.
b. The subo[ant recipient shall establish and administer system to protect, pnaServe, uoe,
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 forth in
tho[}JPFinonc\e|(3uide`U.8.DepmrtnmontnfJuo[iceCornmVnRu|efor8tateondLoce|
Governments or the federal OMB Circular A-11OorA-1O2.aoapplicable, This obligation
continues as long as the subgrant recipient retains the property, notwithstanding expiration of
this agreement.
13' Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed bythe terms of the OJP Financial Guide (as
amended), and the U.S. Department of Justice Common Rule for State and Local Governments,
or the federal OMB Circular Ar11OorAr1O2`oaapplicable.
The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to
publish, or otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright inanyvvorkdeve|ooedundaranavvanduraubavvard'and
b. Any rights of copyright to which aaubonant recipient orsubrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing mf Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that will be published, including web-based materials and
web site conbant, through funds from this gran[ at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following statements:
"This project was supported by Award No. OCJG for award awarded by the
Bureau of Justice Statistics, Office of Justice Programs. The opinions, findings, and conclusions
or recommendations expressed inthis pub|icmtion/pnognann/oxhibiUon are those of the author(s)
and do not necessarily reflect the views of the Department ofJusdma.^
16. Audit
m. 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
3FY2O0O Page
Rule Reference 11D-9.006 OCJG-005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
accordance with the federal OMB Circular A-1 33 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 b8 identified ae 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 requirements of
Sections 11.45 and 215.S7. Florida Statutes, and Chapters 1O.55O and 1O.SUO. Rules ofthe
Florida Auditor General.
b. A complete audit report that covers any portion ofthe effective dates Vfthis agreement must
be submitted within30daveofte its completion, but no later than nine (0 months after the
audit period. |n order toba 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 bythe
Department and will be returned to the aubgnant recipient.
c Theauborant recipient shall have all audits completed bvan Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrantrecipient 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
nagu|eonno.
e. Theaubgmnt 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 ia issued, unless extended in writing bv the Department.
Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements Vf[)BM Circular A-133 for that fiscal year. |nhhie
case, written nobfcation.vvhichmanbeinthefonnofthe"CertificeUonofAuditExernoUon"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
aubgnant recipient ieexempt. This notice shall be provided to the Department no later than
March 1 following the end uf the fiscal year.
g. |f this agreement ka closed out without aDaudit, the Department reserves the right toreoover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or notification of non-applicability should be sent hothe following
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 323O8
17. Performance of Agreement Provisions
|n the event of default, non-compliance or violation of any provision of this agreement bvthe
oubonaDtrecipient the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole orinpart. |n 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 oubQnant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
fFY2OD0 Page
Rule Reference 11D-9.006 OCJG-0D5(rex October 2O05)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
18. Commencement of Project
sz |fa project has not begun within sixty K6O\ days after acceptance of the aubormrd award, the
subgrant recpientsho]|sanda letter tn the Department indicating steps to initiate the project,
nseeon for delay and request revised project starting date.
b |fa project has not begun within ninety 00 days after acceptance of the euborant award, the
subgrant recipient shall send another letter to the Department, again explaining the reason
for delay and request another revised project starting date.
c. Upon receipt of the ninety (B0 day letter, the Department shall determine if the reason for
delay io justified or shall, at its discretion, unilaterally terminate this agreement and re-
obligate subgnantfundstootharDepadmentapprnvedp 'eots. 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 amendment to this agreement.
19. Excusable Delays
a. Exceowithpespect to defaults of consultants, the Suborant recipient shall not beindefault by
reason ofany failure inperhJnnoDoeofthiaognaenlenLaCConjingtoitstennG(includingany
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 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 contractual capacity, fines. Oooda, epidernica, quarantine restrictions, athheo, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the 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 eubgnant 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 inthis Approved Agreement
8ubunant recipients shall obtain approval from the Department for major eubebanbva
These include, but are not limited to:
o. Changes in project activities, target populations, service providers, implementation
schedules, designs or research plans set forth in the approved agreement;
3FY2O08 Page
Rule Reference fYD-Q000 OCJG-O05(nex October 2D05)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
b. Budget deviations that dO not meet the following criterion. That is, aauboraDt recipient may
transfer funds between budget categories as long as the total amount of transfer does not
exceed ten (10) percent of the total approved budget and the transfer is made to an approved
budget item; or,
c. Transfers nf funds above the ten (1O) percent cap shall be made only iforevised budget is
approved by the Department. Transfers do not allow for increasing the quantitative number
of items documented in any approved budget item, i.e., increasing the quantity of equipment
itannainOpenaUngCepiba|Out|ayorExpenseceLegohes.orsbaffpoaitionaintheSm|ariesand
Benefits category.)
d. Under no circumstances can transfers of funds increase the total award.
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 ho 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 Departments decision is contained in Chapter 120,
Florida Gbatubas, and in procedures set forth in Rule 28-106.104, Florida Administrative Code.
Failure tn appeal within this time frame constitutes a waiver of proceedings under Chapter
120. Florida Statutes.
22. Conferences and Inspection of Work
Conferences may be held ot 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 privilege of visiting the project site to nnondnr, inspect and aaeeoe work
performed under this agreement.
23. Access To Records
o. 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, 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 OJP Financial Guide (as amended), and the U.S. Department of Justice
Common Rule for State and Local Governments.
b. The Department reserves the right bounilatera|ly terminate this agreement if theouborant
recipient, implementing agency, or contractor refuses to allow public access to all documents,
papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and
made orreceived by the subgnant recipient or its contractor in conjunction with this
agreement.
24' Retention mfRecords
The subonsrd recipient shall maintain all records and documents for a minimum of three CDyears
from the date ofthe final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
25. Signature Authority
The Guborant Recipient Authorizing Official orDesignated Representative and the Implementing
Agency Official, Administrator or Desi notedRepreeentotive.vvho sign theSignoturePoga.havo
the authority to request changes 0o the approved agreement. The prior mentioned individuals
have authority to sign or make amendments to the Sole Source, ADP Justification and the
Privacy Certification forms. The Project Direotorh as authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official ofaaU bgrant recipient the implementing 8Qencydeoignateeson)e
other person signature authority for him/her, the chief officer orelected official must submit tothe
Department a letter or resolution indicating the person given signature authority. The letter
indicating delegation of signature authority must be signed by the chief officer orelected official
and the person receiving signature authority. The letter must also specify the authority being
delegated.
27. Personnel Changes
Upon implementation of the project, in the event there iea change iOChief Executive Officers for
the 8uborGOteeor Implementing Agency, Project Director,cvContantPanson.theDepartnlent
must be notified in writing with documentation to include appropriate signatures.
Whenever a background screening for employment or background security check ks required bv
law for employment, unless otherwise provided by law, the provisions of Chapter 435.Florida
Statutes shall apply.
a. All positions in pn)0narns providing care to children, the developmentally disab|ed, 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 Chapter 435, F.S., using the
level 2 standards set forth in that chapter.
b. All employees in positions designated bv law oS 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 8 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. When fingerprinting ia required, the fingerprints of the employee orapplicant
for employment shall bo taken by the employing agency orbyon authorized law
3FY2008 Page
Rule Reference 1ID-9.O0d OCJG-005 (rax October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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.
29. Drug Court Projects
a. A Drug Court Pm�o�ndc�bv�e�G G��PKg[8m0u�u��in�e1Ok��o0en�
U.S. Department of Justice, Office Cf Justice Programs, Drug Courts Program
[]ffima, program guidelines "Defining Drug Courts: The Key Components", January 1997. This
document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700.
b. To ensure more effective management and evaluation of drug court programs, theouborant
recipient agrees that drug court programs funded with this award shall collect and maintain
follow-up data on ohrnino| recidivism and drug use relapse of program participation. The data
collected must bm available toU.S.DOJ and FDLE upon request.
38' Overtime for Law Enforcement Personnel
Prior to UaUngfunds �ornthis avvord rbnnebv|avv8Dforcernent officers, the U.Ei
Department - ofJuoUcenncourogee consultation with all allied components of the criminal justoe
ovetern in the affected jurisdiction. The purpose ofthis consultation is to anticipate and plan for
systemic impacts such es increased court dockets and the need for detention space.
31' Criminal Intelligence
@. The purpose of the federal regulation published in28CFR Part 28- Criminal Intelligence
Systems Operating P |icies is to assure thatauborant recipients of federal funds for the
principal purpose
operating a criminal intelligence system under the Omnibus Crime
Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds
in conformance with the privacy and constitutional rights of individuals.
�
Lz The 8Ubgrgrtra�p|ent and acnrn/On|]usoce agency that /u the oop*,o^*m/'Saye//cxagree
certU�that thevopen�eoChnninedinbd|i oncesvatornin000nrdenoavv�h8eot�ne8O2(o)
and '18(c)of' the Onnnibue(�hrneConbn|and Safe Streets Act of1S08.aoonoendadand
comply �' criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating
Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance.
Submission of this certification is a prerequisite to entering into this agreement.
c. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. |f the aubQrmnt recipient or criminal justice agency operates e
criminal intelligence system and does not meet Act and federal regulation criteria, they must
indicate when they plan to come into compliance. Federal |mvv requires o eubgnant-funded
criminal intelligence system project hmbeinconnp|ioncavviththeActondfedame|regu|aUon
prior to the award of federal funds. The aubonant recipient ie responsible for the continued
adherence to the regulation governing the operation of the system or faces the loss of federal
funds. The Department's approval of the subgrant recipient agreement does not constitute
approval of the subgrant-funded development or operation of a criminal intelligence system.
32' Confidential Funds
A signed cedificmtionthattheonojeotdhecbororthehead of the Implementing Agency has read,
understands, and agrees to ab e bv all of the conditions for confidential funds ma set forth inthe
effective edition ofDJP'a Financial Guide ia required from all projects thatareinvok/edvvith
confidential funds from either Federal or matching funds. The signed certification must be
8fY20D8 Page
Rule Reference 11D-yOO6 DLJXG-0O5(rnu October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
submitted at the time of grant application.
33' Equal Employment Opportunity NEEO\
a. No person, nn the grounds 0f race, creed, dolor ovnational origin ehaUbeexCUdedfnzDl
participation in, be refused benefits of, or otherwise subjected to discrimination under grants
awarded pursuant to Title V|of the Civil Rights Act of1SO4; Section 5O4of the Rehabilitation
Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age
Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28
CFR Part 42. Subparts C.D.E.F.G and H.
b. The su���n���o�t�� egen�agn�����������do�do
not rn - EEOp nanncritera000etforthinSection5O1ofTheFedora|OmnibueChme
Control and Safe Streets Act of1SG8.aa amended and that they have or have not
fonnu|oted, implemented and maintained a current EEO Program. Submission of this
certification is prerequisite to entering into this agreement. This certification is a nnahahol
representation of fact upon which reliance was placed when this agreement was made. If the
subgrant recipient or implementing agency meet Act criteria but have not formulated,
implemented and maintained such a current written EEO Program, they have 120 days after
the date this agreement was made to comply with the Act or face loss of federal funds subject
to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C.
37O1.at seq. (Reference Section 8O3(m) of the Act, 42U.S.C.3783(a) and 28CFFlSection
42.2D7 Compliance |nformation).
u Any subgrant recipient or implementing ageDcy receiving o single grant award for $5DO.000
or
more Ron |gnegoteofgnantavvands �r $1.00U.00OorrnonaduhnQ any 18noonth
pehodin federal --funds, must have approval nf its EEO Plan by the U.G.DOJ. Office for Civil
Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S.
D(]J. OCR for approval. The submission shall bein both paper copy and electronic format. If
the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is
not necessary to submit another EEO Plan. Instead, the oubgnantee need only send acopy
of its approval letter from the OCR. However, ifthe EEO Plan approval ia more than two
years old, an updated Plan must besubmitted.
d. In the event a Federal or State court of Federal or State administrative agency meNso a
finding of discrimination after a due process hearing on the grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
of the finding to the Office for Civil Rights, Office of Justice Programs.
34. Americans with Disabilities Act
8Vbonan�e mu��mp����e�qVi[80e�sofMeA0e�gOe����b��A��DA.
Public'~ Lovv1O1-33G, ' prohibits discrimination by public and private entities on the basis nf
disobUhxand requires ce�ainaccorDnlodaUonebe made vvdhregard toenl (T�e|�state
and '|government services and transportation (TitleU).puN|oeccornnnodgUono(TitleU|),and
telecommunications (Title K0.
35- Immigration and Nationality Act
No public funds will intentionally be awarded bn any contractor who knowingly employs
unauthorized alien workers, constituting avio|aUonoftheennolovn)entprovsknnecnntonodin8
U.S.O. Section 1324o(e). Section 274A(e)of the Immigration andNoUone|ityAct("|NA"). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e)of the |NA. Such violation bv the gVborand recipient 0f the employment
provisions contained inSeotion274A(e)ofthe|NAshmUbegroundoforuni|ahene|oenceUationOf
this contract bythe Department.
3FY2DO8 Page 10
Rule Reference Y/Q-Q0OS OCJG-005(rex October 20O5)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
36' National Environmental Policy Act
The su����n����F0EiDo��nQv��NE�o�������}
environmental - impact analyses requirements in the use of subgrant funds by the eubormnte
o.
Thinaooieetothhdloxn- nevoctvitieovhe[herornottheyanebe\ngspecifically funded
with these subgrant funds. That is, it applies as long as the activity is being conducted by the
subgrantee or any third party and the activity needs to be undertaken in order to use these
subgnantfundo.
(1) New construction;
(2\ Minor renovation e�her�)hSted eUo��for |�bngon
` ' the National Register of Historic Places or(b) located within a 1OO-yearflood plain;
(3\ A renovation, lease, or any other use ofebu|kUngonfacU�v that vvU either (a)
` ' result ina change in its basic prior use or(b) significantly change its size; and
(4) Implementation of a new program involving the 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
b. For any ofgeubgrantee'gexisting programs or activities that will be funded by these
aubonanto.the ubonantee. upon aoec�crequest fnln�the Depa�nlert and the U.8.
Oe-�n�entof Justice, agrees bn cooperate with [)(]Jin any preparation bvOC)Jofanational
or program environmental assessment of that funded program or activity.
37.0qm-Procurement,Debarment and Suspension
The subgrant reci��og����m'�w�����O�er1254S'(�be���a�
Suspension � C34 �FR.Pad85.Geut . 85.510, Pa��kman[nReaponeibi|�eo). These procedures
require the 'bona���ia��c���sh�|note��in�any�weri���c�eed�ns��n
with operoon - oiadebarred, euspa/ded, declared ineligible orio voluntarily excluded from
participating in this covered transaction, unless authorized by the Department.
a. Each subgrant recipient agrees to comply with 28CFR Part Og. "New Restrictions on
Lobbvng"and shaU�|ethe most current � iUonofthe[�e��oaUonADdD�ooeureFonn.�
applicable,
award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal
loan of $15U.00Dormore.
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 Section 1352, Title 31, United
States Code. 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. The undersigned martJien.tothebestofhksorher knowledge and belief, that
3FY20O8 Page 11
Rule Reference 11 D-9.006 OCJG-005 (rex October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
U\ No federally appropriated funds have been paid or shall be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a
member of congress, an officer or employee of congress, or an employee of a member of
congress in connection with the awarding of any federal loan, the entering into of any
renewal, amendment, or modification of any federal contract, grant, loan or cooperative
agreement.
/2\ |f any Onn�#dena|funds have been paid orSheUbe paid bJ any person for |nDUen[jngOr
` ' attempting to influence an officer or employee of congress, or an employee of a member
of congress in connection with this federal contract, grant loan, or cooperative
agreement, the undersigned shall complete and submit the standard form, Disclosure of
Lobbying Activitie . according toiteinotructions.
(3) The undersigned shall require that the language of this ce��oatonbe included inovvand
' documents for all subgrant awards at all tiers and that all subgrant recipients shall certify
and disclose accordingly.
39. State Restrictions mm Lobbying
|n addition h]the provisions cnntGiDediD|tenl3S above, the expenditure of funds for the purpose
of lobbying the legislature ore state agency |a prohibited under this contract.
40, Additional Restrictions mn Lobbying
Recipient understands and agrees that d 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 OJP.
Funds from this award may not be used to operate a "pay-to-stay" program in 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- Mitigation. mf Health, Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
if an award is made to support methamphetamine laboratory operations the subgrant recipient
must comply with this condition, which provides'for individual site environmental
assessment/im
pact statements ao required under the National Environmental Policy Act.
o. General Requirement: The oubonantoe agrees to comply with Federal, State, and local
environmental, health and safety laws and regulations applicable bz the investigation and
closure of clandestine methamphetamine laboratories and the removal and disposal of the
chemicals, equipment, and wastes used in or resulting from the operation of these
laboratories.
b. R�uinmer�:T�eu����unde��doo������ any pmg�mm
initiative involving thoidentificoton.eeizuna.orokzsureofclandeadnernethonnphetonnine
laboratories can result in adverse hea|th, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
SFY 2008 Page 12
Rule Reference Y/D-0OOO OCJG-005(r*x October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
users, and neighbors Df the site of a seized clandestine CB the seized laboratory
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste form a seized laboratory's operations are placed or come to rest.
Therefore, the auborantee further agrees that iD order to avoid ur mitigate the possible
adverse health, safety and environmental impacts from any Ofclandestine
methamphetamine operations funded under this award, it will (1) include the nine, below
Uobad 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 subgront. |nso doing, the oubQrontee
understands that it may implement these protective measures directly through the use of its
own resources and staff or may secure the qualified services of other agencies, contractor or
other qualified third party.
M> Provide medical screening of personnel assigned ortobe assigned bvtheaubormOteeto
the seizure or closure ifof clandestine nnethannohetmnninelaboratories;
C2\ Provide Occupational Safety and Health Administration (OSHA) required initial and
refresher training for law enforcement officials and other personnel assigned by the
subgrantee to either the seizure orclosure of clandestine methomphetamine
laboratories;
/3A Ao determined bvtheir specific duties, equip personnel assigned tothaoroectvvith
OSHA required protective wear and other required safety equipment;
(4) Assign properly trained personnel to prepare a comprehensive contamination report on
each closed laboratory;
( ) Employ qualified disposal contractors to remove all chemicals and associated
glassware, equipment, andcontaminated materials and wastes from the site(a
)ofeach
seized clandestine laboratory;
/S\ Dispose of the chem�a|o`equipmen�and cnntanlinmtedmoteha|eand vvaetearenloved
� 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 G.
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
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 necessary, and in accordance
with existing State and Federal requirements; and
(A) Included among the personnel invobedin seizing ofdandesUne[nethann �e
� kaboratorieo,orhoveimnlediateacoeaeto.quo|ifiedpersonno|vvhoconreapopdbrthe
potential health needs of any offender(s)' children or other children present or living at
the seized laboratory site. Response actions should include, mta minimum and oe
neneoeory, taking children into protective custody, immediately testing them for
rDethgmphetenninehzxicih/. and arranging for any necessary follow-up medical baeto.
examinations or health care.
SFY2DOD Page 13
Rule Reference 1/D-0006 OCJG'005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
43. Limited English Proficiency
National origin discrninationindudeediscriminatkxnOnthebaeisofUnitedEng|ish proficiency
(LEP). To ensure compliance with Title VI and the Safe Streets Ant recipients are required to
bake
reasonable steps to ensure that LEP persons have meaningful access to their programs.
Meaningful access may entail providing language assistance services, including oral and written
translation when necessary. The U.S. Department of Justice has issued guidance to assist
agencies to comply with Title VI requirements. The guidance document can be accessed on the
Internet atvmwvv.|ep.gov, orbycontacting OJP's Office for Civil Rights ot(2U2) 307-0690. or by
writing to the following address:
Office for Civil Rights
Office of Justice Programs
U.8. Department ofJustice
810 Seventh Street NW, Eighth Floor
Washington, OC2O531
44. The Coastal Barrier Resources Act
The Su��[�g�U�m���nda�O��e�mo�D���|���o�w� �
the<�oo~ !BorherFlee 'u' eACt(P.LS7-348)dotodOctob8r1S,1Q82(1OUGC35O1etoeq]
which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier
Resources Syabann.
45. 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 ofaanhoo security '
measure that is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken.
h. Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
46- Environmental Protection Agency's (EPA) list ofViolating Facilities
TheoUbonanbee assures that the hac\�eaunder hoovvn8rehip.lease or5u vvh�hahaUb8
���i~the accomplishment of the Program Purpose are not listed on the EPA's list of Violating
Facilities and that it �will notif/the Dope�m/entof the reo�ptof any cnnnrnun�at�nfnon�the
Director ofthe EPA Office ' Federal Activities indicating that o facility tobe used in the project is
under consideration for listing by the EPA.
47- Flood Disaster Protection Act
The su�����U�mo�w���on1���t���D��rP��n/��19�
Law S3-234.87 comply B75. requiring that the purchase of flood insurance incommunities
where such insurance ieavailable as 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.
4D' National Historic Preservation Act
The su����Ua�������in its �mp|ion�v���n1���N��
Hietohc~Preservation Act of1QSOoe amended (1OUGC47O). Executive Order 115S3. and the
SFY 2008 Page 14
Rule Reference 11 D-9.006 0CJC-005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program._
Florida Department of Law Enforcement
Archeological and H�bo[�@|PreoanxaioDAct of1QGO(1OUSC509o-1etneq]bv�AconnVUing
vv�h�e"-- Historic Preservation Officer as necessary, to identify properties listed inoreligible
for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 80O.8>by the activity, and notifying the Oepadonentof the existence of any such
properties and �y(b) complying with all requirements established by the Federal grantor agency
to avoid or mitigate adverse effects upon such properties.
49. Omnibus Crime Control and Safe Streets Act
The auboranteewill comply and assure the
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the
Juvenile Justice and Delinquency Prevention Act, or the Victims nf Crime Act; ao appropriate; the
provisions of the current edition of the Office of Justice Program Financial and Administrative
Guide for Grants; and all other applicable State and Federal |ovvo, ordena, nircuiaro, or
regulations.
50' Public Safety Offioens"HemlthBenefits Provision
The recipient has certified itiaiDcompliance with the Public Safety Officers' Health Benefits
Provision ofthe Fiscal Year 2OO2. Departments ofCOO)nnerno.Justce`andGtaie,theJudiciary.
and Related AoenoieuApprophationsAct (Pub. L Nn. 107-77) and agrees to remain in
oornp|ionoeduring the life of the grant. This provision requires that the unit of local government
which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime
Control and Safe Streets Act of1&O8.as amended) to afford such public safety officer who retires
or is separated from service due to injury suffered as a direct and proximate result of a personal
injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as
such terms are defined by State law) with the same or better level of health insurance benefits at
the time of retirement or separation as the officer received while employed by the jurisdiction. If
the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award
amount must be returned to the grantor.
51' Human Rmmoanoh Subjects
Grantee agrees toco pk/vv�hthe requirements of28{�.F.R.p8� U
48ond�Off�gufJuot�e
PnzgnamopoUcieoandprocedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
52' National Information Exchange Model specifications
To support public safety justice information at�n sharing, OJP requires the grantee to use the
National Information ' anaModel (N|EK8) specifications endguide|inesforthiopardcu}ar
grant. Grantee shall publish and make available without restriction all schemas generated as a
result of this grant to the component registry as specified in the guidelines. For more information
on compliance with this condition, visit
53. Reporting, Data Collection and Evaluation
The mubonant recipient agrees toconlo� vv�hoUreoo�inQ.data mJUeutonand evaluation
requirements, as prescribed by the B| ` in the program guidance for the Justice Assistance Grant
(JAG). Compliance with these requirements will ba monitored byBJA.
54. Privacy Certification
The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable
to collection, use'andreve|otionofdataorinfonnabonendthatereinoncondencevvitb
requirements of Confidentiality of Identifiable Research and Statistical Information (28 C.F.R. Part
22 and, in particular, section 22.23, Privacy CertificoUon).
SFYQ008 Page 15
Rule Reference 1ID-9.006 OCJG-005(rnu October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
U8D award ka made for a project which has o research or statistical component under which
information identifiable tma private person will be collected, the aubonsnt recipient agrees to:
1. Project p|anawiUbedeSi nedtVpreSen/eanonyn)Uvofor�oteperoongtuvvhODlinfomnoUnn
relates, including, where appropriate, namoe-athpping, coding of data, or other similar
2. Project findings and reports prepared for dissemination will not contain information which can
reasonably be expected to be identifiable to a private person.
3. AloV iUharnointainedind�aUng that kJent�ab|edata have been baOGnn�edtO persons other
tha~BJ/\.OJJ[}P.8JS,NU.or[)JPorgranhae/contruotoreteffureuboontnaotors.th8teuch
data have been returned, or that alternative arrangements have been agreed upon for future
maintenance of such data.
4.A description Of the project containing assurance bv the applicant that:
(1) Data identifiable toa private person will not be used or revealed.
(2) Access to data will be limited to those employees having a need and that such persons
shall be advised of and agree in writing to comply with these regulations.
(3) All subcontracts which require access ho identifiable data will contain conditions meeting the
requirements.
5. Any private persons from whom identifiable data are collected or obtained, either orally or by
means of written questionnaire, shall be advised that the data will only be used or revealed for
research or statistical purposes and that compliance with requests for information is not
mandatory. Where the notification requirement is to be waived, a justification must be included
in the-Privacy Certificate.
O. Describe the precautions that will ba taken to insure administrative and physical security of
identifiable data.
55. State Information Technology Point mfContact
The su���md'�����on�����e��������no�y�\nt���
receives written ~ notification regarding any information technology project funded by this grant
during the obligation and expenditures period. This ioto facilitate communication among local
and state governmental entities regarding various information technology projects being
conducted with these grant funds. |n addition, the recipient agrees bo maintain an. administrative
file documenting the meeting of this requirement. For a list of State Information Technology
Points of Contact, 0o to .
58. Interstate Connectivity
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law
enforcement information sharing systems Which involve interstate connectivity between
juhadicUons, such systems shall employ, to the extent poeaib|a, existing networks as the
communication backbone to achieve interstate oonnectivity, unless the eubgront recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would
impair the functionality ofan existing or proposed |Tsystem.
57. Supplanting
The recipient agrees that federal funds under this award will [e used ho supplement but not
supplant state or local funds.
SFY200D Page 16
Rule Reference YYD-QOO8 OCJ8'OD5(rex October 2OO5)
�����DU^���^���������r0~�� Assistance
�""�� –
Florida Department OfLaw Enforcement
Justice Assistance Grant - Direct
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement inits entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including St,keoxers,
whiteout, etc. are not acceptable.
Typed Name and Title:
Typed Name t Cqt �4f South Miami
Signature: -7
Typed Name and
Date: — November 26-,"2007
Typed Name "outh Miami Police Department
Typed Name and Vii-ncent _. Landis, Chief of Police
Date: November 26, 2007
Application Ref # 2008-JAGD-521 Section #6 Page 1 of
Contract -1AGD-DADE---
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
"I ji
Application Ref # 2008-JAGD-521
Contract -JAGD-DADE- - -
Rule Reference 11 D-9-006 OCJG-005 (rev. April 2005)
Section #7 Page 1 of
CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
Federal regulations require recipients of financial assistance from the Office Of Justice Programs kOJF1to
prepare, maintain on file, submit hJ[UP for review and implement an EEO Plan in accordance with the
Omnibus Crime Control and Safe Street Act of1Q08.as amended, and 28CFF7 Part 42.3O1-.3OO.
Subparts C through H, if they meet the following criteria:
0 have 5Onr more employees; and
(ii) reoeivodo total of$25,OOOor more iD grants oreubooanteand
(iii) ' have 3 percent or more minorities inservices population (hVxveve[Jlesothon3
percent minorities in service population, an EEDP must still be pnspanad, but must
focus on employment practices affecting women only).
1, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control
and Safe Streets Act of1S88@o amended, that the BUborantee(8uborgntRacpienU:
X Does meet Act Criteria and does have a current EEO Plan.
Does meet Act Criteria and does not have a current EEO Plan.
Does not meet Act Criteria, and therefore not required h] have an EEO Plan.
Recipients that meet criteria (U and (iii) abova, and receive over $500000 kn $1 nlUUon during and 18
month � period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice
Programs for review.
Has included 8copy of the current approval letter from the UG0OJ.
|further affirm that if the8ubgrant Recipient meets the Act criteria and does not have mcurrent written
EEO Plan, federal law requires it to fornlulate, implement, and maintain such a P|eO within OO days after
subgrant application for federal assistance is approved or face loss of federal funds.
/ a2C'-UJ)- qI - ,
Type Name: Horace . Feliu
Title: Mayor
GubonantRecip|ent City of South Miami
Dote: November 26, 2007 _________
FDLE JAG Grant Application Package EEO Certification
Page 2 of 2
Rule Reference 11 D-9,006 OCJG-006 (Rev. March 2007)
CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward B rne Memorial Justice Assistance Grant Program
Federal regulations require recipients Of financial assistance from the Office of Justice Programs k]JP1to
pFapoe\ maintain on file, submit to CUP for review and implement an EEO Plan in accordance with the
Omnibus Crime Control and Safe Street Act of1S08.aa amended, and 28CFR Part 42.3O1-.3O8.
Subparts C through H, if they meet the following criteria:
(U have 5OVr more employees; and
(ii) received a total of$25.00Oor more in grants oroubQnante; and
(iii) have 3 percent or more minorities in services population (however, if less than 3
percent minorities in service population, on EEOP must still be pnepared, but must
focus on employment practices affecting women on|y).
i the undersigned authOrizgdofficia|.oedif/UlsdocoordingtO8ecboO5O1 of the Omnibus Crime Control
and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient):
X Does meet Act Criteria and does have a current EEO Plan.
Does meet Act Criteria and does not have a current EEO Plan.
Does not meet Act Criteria, and therefore not required bz have on EEO Plan.
Is Included in the EEO Plan of the Subgrant Recipient.
Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 nlUUOD during and 18
month period) are required to submit an EEO Plan to the Office for Civil Rights, {}fhca of Justice
Programs for review.
—Has included a copy of the cu/rent approval letter from the US DOJ.
| further affirm that if the Subonant Recipient meets the Act criteria and does not have o current written
EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a
subgrant application for federffl assistance is approved or face loss nf federal funds.
Signature of Implem-entin��genc� Authorized Official
Type Name: Vincent A. Landis
Title: Chief of Police
Implementing Au South Miami Police Department
Date: November 26, 2007
FDLE JAG Grant Application Package EEO Certification
Page 2 of 2
Rule Reference 11 D-9.006 OCJG-007 (Rev. March 2007)
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITlY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and
Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
(b) Have not within a three-year period preceding this application
1. LOBBYING
been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28
obtaining, attempting to obtain, or performing a public (Federal, State,
CFR Part 69, for persons entering into a grant or cooperative agreement over
or local) transaction or contract under a public transaction; violation of
$100,000, as defined at 28 CFR Part 69, the applicant certifies that:
Federal or State antitrust statutes or commission of embezzlement,
theft forgery, bribery, falsification or destruction of records, making
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
false statements, or receiving stolen property;
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
(c) Are not presently indicted for or otherwise criminally or civilly
of Congress, or an employee of a Member of Congress in connection with the
charged by a governmental entity (Federal, State, or local) with,
making of any federal grant, the entering into of any cooperative agreement, and
commission of any of the offenses enumerated in paragraph (1) (b) of
the extension, continuation, renewal, amendment, or modification of any federal
this certification; and
grant or cooperative agreement;
(d) Have not within a three-year period preceding this application
(b) If any funds other than federal appropriated funds have been paid or will be
had one or more public transactions (Federal, State, or local)
paid to any person influencing or attempting to influence an officer or employee of
terminated for cause or default; and
any agency, a member of Congress, an officer or an employee of Congress, or an
employee of a member of Congress in connection with this federal grant or
B. Where the applicant is unable to certify to any of the statements in
cooperative agreement, the undersigned shall complete and submit Standard
this certification, he or she shall attach an explanation to this
Form - LLL, "Disclosure of Lobbying Activities', in accordance with its instructions;
application.
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subgrants,
3. DRUG-FREE WORKPLACE
contracts under grants and cooperative agreements, and subcontracts) and that all
(GRANTEES OTHER THAN INDIVIDUALS)
subrecipients shall certify and disclose accordingly.
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
2. DEBARMENT, SUSPENSION, AND OTHER
at 28 C FIR Part 67 Sections 67,615 and 67.620-
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
A. The applicant certifies that it will or will continue to provide a drug-
free workplace by:
As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary covered
(a) Publishing a statement notifying employees that the unlawful
transactions, as defined at 28 CFR Part 67, Section 67.510 -
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
A. The applicant certifies that it and its principals:
specifying the actions that will be taken against employees for
violation of such prohibition;
(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
(b) Establishing an on-going drug-free awareness program to inform
voluntarily excluded from covered transactions by any federal department or
employees about-
agency;
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
FDLE JAG Grant Application Package Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification
Page 1
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
(c) Making it a requirement that each employee to be engaged in the performance
of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
Check here _ If there are workplaces on file that are not identified
criminal drug statute occurring in the workplace no later than five calendar days
here.
after the conviction;
Section 67.630 of the regulations provides that a grantee that is a
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice
State may elect to make one certification in each Federal fiscal year.
A copy of which should be included with each application for
under subparagraph (d) (2) from an employee or otherwise receiving actual notice
of such conviction. Employers of convicted employees must provide notice
Department of Justice funding. States and State agencies may elect
including position title, to: Department of Justice, Office of Justice Programs,
to use OJP Form 4061/7.
ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice
shall include the identification number(s) of each affected grant;
Check here _ If the State has elected to complete OJP Form
4061!7.
(f) Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted -
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
1973, as amended; or
As required by the Drug -Free Workplace Act of 1988, and
(2) Requiring such employee to participate satisfactorily in a drug abuse
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
assistance or rehabilitation program approved for such purposes by a Federal,
at 28 CFR Part 67; Sections 67.615 and 67.620 -
State, or local health, law enforcement, or other appropriate agency;
A. As a condition of the grant, I certify that I will not engage in the
(g) Making a good faith effort to continue to maintain a drug -free workplace
unlawful manufacture, distribution, dispensing, possession, or use of
through implementation of paragraphs (a), (b), (c), (d), (e), and ft
a controlled substance in conducting any activity with the grant; and
B. The grantee may insert in the space provided below the site(s) for the
B. If convicted of a criminal drug offense resulting from a violation
performance of work done in connection with the specific grant:
occurring during the conduct of any grant activity, I will report the
conviction, in writing, within 10 calendar days of the conviction, to:
Place of Performance (Street address, city, county, state, zip code)
Department of Justice, Office of Justice Programs, ATTN: Control
Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
1. Grantee Name and Address: City of South Miami, 6130
Sunset Drive South Miami, FL 331443
2. Project Name: Improvement /Upgrade @f the South Miami Police Department's
Paperless System of Criminal Justice Reporting
3. Typed Name and Title of Authorized Representative: Horace G
Feliu, Mayor
4. Signature: /-�% 9
5. Date: November 26, 2007
FDLE JAG Grant Application Package Lobbying, Debarment, Suspension and Drug -Free Workplace Certification
Page 2