12-18-07 Item 7South Miami
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
Date: December 18, 2007
Subject: Accepting the 2008 JAG Grant (if Awarded)
Resolution: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT,
IF AWARDED, MONEY THRU THE FLORIDA DEPARTMENT OF LAW
ENFORCEMENT FROM THE UNITED STATES DEPARTMENT OF
JUSTICE, EDWARD BYRNE MEMORIAL ASSISTANCE GRANT
PROGRAM (JAG) FROM FEBRUARY 1, 2008 THRU JULY 31, 2008; IN
THE AMOUNT OF $10,000.00 FOR THE PURPOSE OF
IMPROVING /UPGRADING THE POLICE DEPARTMENT'S
PAPERLESS SYSTEM OF CRIMINAL JUSTICE REPORTING;
PROVIDING FOR AN EFFECTIVE DATE.
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.
Cost:
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
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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
49
50
51
52
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ACCEPT, IF
AWARDED, MONEY THRU THE FLORIDA DEPARTMENT OF LAW
ENFORCEMENT FROM THE UNITED STATES DEPARTMENT OF JUSTICE,
EDWARD BYRNE MEMORIAL ASSISTANCE GRANT PROGRAM (JAG) FROM
FEBRUARY 1, 2008 THRU JULY 31,2008; IN THE AMOUNT OF $10,000.00 FOR
THE PURPOSE OF IMPROVING/UPGRADING THE POLICE DEPARTMENT'S
PAPERLESS SYSTEM OF CRIMINAL JUSTICE REPORTING; PROVIDING
FOR AN EFFECTIVE DATE.
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 , 2007.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
Commission Vote:
Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
Subgrant Recipient
Organization Name: City of South Miami
County: Dade
Chief Of
Name:
Title:
Address:
City:
State:
Phone:
Fax:
Suncom:
Ficial
Horace Feliu
Mayor
6130 Sunset Drive
South Miami
FL Zip: 33143
305 - 668 -2484 Ext:
305 - 663 -6348
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)
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
Project Director
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)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - 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
Subgrant 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 grants funds in 2000 by the DOJ to begin a
paperless system of criminal justice reporting. 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 5 or 6 years old and in need of
constant repair or replacement.
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 NCIC /FCIC without calling the dispatcher. Many times, a
dispatcher is so busy handling various responsibilities that an officer will have to wait to receive the
information they requested. This delat an endanger an officer's life. Once an officer ca access
NCIC /FCIC from the patrol vehicle, the dispatcher will be relieved of this additional duty and the
officer will have the informationat his /her fingertips. Incorporating laptop reporting at the patrol
officer's level would establish a more efficient record process. The use of laptop computers will
reduce the time needed to store data and provide for a more aacurate record of police services.
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 or to upgrade older laptops are better spent to buy new equipment.
Application Ref # 2008 -JAGD -521
Contract - JAGD -DADE- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Section #2 Page 1 of 1
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
i
Federal Purpose Area: 01C - Law Enforcement Programs - Procuring Equipment
Application Ref # 2008 -JAGD -521 Section #3 Page 1 of 1
Contract - JAGD -DADE- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
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
1 100.0
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)
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)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - 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, the police department has allocated up to
$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, is there a net personnel increase? Enter N/A if not applicable.
Answer: N/A
Question: If benefits are to be paid, are they included in your budget narrative? Enter N/A if not
applicable.
Answer: N/A
Question: If indirect costs is included in the budget, indicate the basis for the plan (e.g. percent
of salaries and benefits), and provide documentation of the appropriate approval of
this plan.
Answer: N/A
Application Ref # 2008 -JAGD -521 Section #4 Page 3 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
Insert Standard Conditions Page here.
Application Ref # 2008 -JAGD -521
Contract - JAGD -DADE- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Section #5 Page 1 of 1
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
a cialyd Conditions
Conditions of agreement requiring compliance by units of local government (subgrant recipients),
implementing agencies and state agencies upon signed acceptance of the subgrant award appear in
this section. Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding. Failure to comply with provisions of this agreement will result in
required corrective action up to and including project costs being disallowed and termination of the
project, as specified in item 17 of this section.
1. All Subgrant 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 (JAG)
Program Guidance as well as Florida laws and regulations including the Florida
Administrative Code Chapter 11 D -9, Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees
to comply with all Federal statutes, regulations, policies, guidelines and requirements,
including OMB Circulars A -21, A -110, A -102, A -122, A -133, A -87, as applicable; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR,
Part 66, Common Rule and Part 67, Drug -free Workplace, Equal Treatment Regulation 28
CFR, Part 38.
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined 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 Institutions ".
b. All procedures employed in the use of federal funds for any procurement shall be according
to U.S. Department of Justice Common Rule for State and Local Governments, or OMB
Circular A -110, or OMB Circular A -102, and Florida law to be eligible for reimbursement.
3. Reports
a.. Project Performance Reports — JAG Countywide Only
(1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, by February 1, May 1, August 1, and within forty -five (45) days after the
subgrant termination date. In addition, if the subgrant award period is extended beyond
the "original" project period, additional Quarterly Project Performance Reports shall be
submitted.
Failure to submit Quarterly Performance Reports that are complete, accurate and timely
may result in sanctions, as specified in item 17, Performance of Agreement Provisions.
(2) 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 and address actions being taken to resolve
the problems.
SFY 2008 Page 1
Rule Reference 11 D -9.006 OCJG -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 subgrant recipient shall have a choice of submitting either a
Monthly or a Quarterly Project Expenditure Report to the Department. Monthly
Project Expenditure Reports (1 -11) are due thirty -one (31) days after the end of the
reporting period. Quarterly Project Expenditure Reports (1 -3) are due thirty -one (3 1)
days after the end of the reporting period. In addition, if the subgrant award period is
extended, additional Project Expenditure Reports shall be submitted.
(b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for
the entire subgrant period.
(c) All project expenditures for reimbursement of subgrant recipient costs shall be
submitted on the Project Expenditure Report Forms prescribed and provided by the
Office of Criminal Justice Grants (OCGJ).
(d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-
audit and post- audit.
(e) Before the "final" Project Expenditure Report will be processed, the subgrant
recipient must submit to the Department all outstanding project reports and must
have satisfied all special conditions. Failure to comply with the above provisions
shall result in forfeiture of reimbursement.
(f) Reports are to be submitted even when no reimbursement is being requested.
(2) The Closeout Documentation shall be submitted to the Department within forty -five (45)
days of the subgrant termination period.
(3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income
Reports to the Department by February 1, May 1, August 1, and within forty -five (45)
days after the subgrant termination date covering subgrant project generated income and
expenditures during the previous quarter. (See Item 10, Program Income.)
c. 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
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 shall 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 OJP Financial Guide (as
amended), U.S. Department of Justice Common Rule for State and Local Governments, and
federal Office of Management and Budget's (OMB) Circulars A -21, A -87, and A -110, or A -102
as applicable, in their entirety.
c. All funds not spent according to this agreement shall be subject to repayment by the subgrant
recipient.
SFY 2008 Page 2
Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
7. Advance Funding
a. JAG Countywide - Advance funding may be authorized for up to twenty -five (25) percent of
the federal award for each project according to Section 216.181(16)(b), Florida Statutes, the
OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local
Governments. Advance funding shall be provided to a subgrant recipient upon a written
request to the Department. This request, shall be either enclosed with the subgrant
application or submitted to the Department prior to the 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 a trust fund in 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.
9. Travel and Training
a. All travel expenses relating to field trips with youth requires written approval of the
Department prior to commencement of actual travel.
c. 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 in Section
112.061, Florida Statutes.
10. Program Income (also known as Project Generated Income)
Program income means the gross income earned by the subgrant recipient during the subgrant
period, as a direct result of the subgrant award. 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 31 CFR Part 206 - Management of Federal Agency Receipts,
Disbursements, and Operation of The Cash Management Improvement Fund).
SFY 2008 Page 3
Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
11. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment
of a consultant when their rate exceeds $450 (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 of Justice 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
a. The subgrant recipient agrees to use all non - expendable property for criminal justice
purposes during its useful life or request Department disposition.
The subgrant recipient shall establish and 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 forth in
the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local
Governments or the federal OMB Circular A -110 or A -102, as applicable. 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 by the 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 A -110 or A -102, as applicable.
14. Copyright
The awarding agency reserves a royalty -free non - exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
b. Any rights of copyright to which a subgrant recipient or subrecipient 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, or any other written materials that will be published, including web -based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following statements:
"This project was supported by Award No. [contact OCJG for award number] awarded by the
Bureau of Justice Statistics, Office of Justice Programs. The opinions, findings, and conclusions
or recommendations expressed in this publication /program /exhibition are those of the author(s)
and do not necessarily reflect the views of the Department of Justice."
16. Audit
a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program- specific audit conducted for that year. The audit shall be performed in
SFY 2008 Page 4
Rule Reference 11 D -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 -133 and other applicable federal law. The
contract for this agreement shall be identified in The Schedule of Federal Financial
Assistance in the subject audit. The contract shall be identified as federal funds passed
through the Florida Department of Law Enforcement and include the contract number, CFDA
number, award amount, contract period, funds received and disbursed. When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of
Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the
Florida Auditor General
A complete audit report that covers any portion of the effective dates of this agreement must
be submitted within 30 days after its completion, but no later than nine (9) months after the
audit period. In order to be complete, the submitted report shall include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department and will be returned to the subgrant recipient.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is issued, unless extended in writing by the Department.
f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of OBM Circular A -133 for that fiscal year. In this
case, written notification, which can be in the form of the "Certification of Audit Exemption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt. This notice shall be provided to the Department no later than
March 1 following the end of the fiscal year.
g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or notification of non- applicability 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 recipient, 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 or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
SFY 2008 Page 5
Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
18. Commencement of Project
If a project has not begun within sixty (60) days after acceptance of the subgrant award, the
subgrant recipient shall send a letter to the Department indicating steps to initiate the project,
reason for delay and request a revised project starting date.
b. If a project has not begun within ninety (90) days after acceptance of the subgrant 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 (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-
obligate subgrant funds to other Department approved projects. The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written amendment 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 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, fires, floods, epidemics, quarantine restrictions, strikes, 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 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 Approved Agreement
Subgrant recipients shall obtain approval from the Department for major substantive changes.
These include, but are not limited to:
a. Changes in project activities, target populations, service providers, implementation
schedules, designs or research plans set forth in the approved agreement;
SFY 2008 Page 6
Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005)
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, a subgrant 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 of funds above the ten (10) percent cap shall be made only if a revised 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
items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and
Benefits category.)
d. Under no circumstances can transfers of funds increase the total budgeted award.
21. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes,
disagreements or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty -one (21) calendar days to the Department's clerk (agency clerk). The
subgrant recipient's right to appeal the Department's decision is contained in Chapter 120,
Florida Statutes, 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 Chapter
120, Florida Statutes.
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 privilege 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, 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 to unilaterally terminate this agreement if the subgrant
recipient, implementing agency, or contractor refuses to allow public access to all documents,
papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and
made or received by the subgrant recipient or its contractor in conjunction with this
agreement.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
SFY 2008 Page 7
Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
25. Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to 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 Director has 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 of a subgrant recipient or the implementing agency designates some
other person signature authority for him /her, the chief officer or elected official must submit to the
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 or elected 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 is a change in Chief Executive Officers for
the Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department
must be notified in writing with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida
Statutes shall apply.
a. All positions in programs providing care to children, the developmentally disabled, or
vulnerable adults for 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotline; and all persons working under contract who have
access to abuse records are deemed to be persons and positions of special trust or
responsibility and require employment screening pursuant to Chapter 435, F.S., using the
level 2 standards set forth in that chapter.
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 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 is required, the fingerprints of the employee or applicant
for employment shall be taken by the employing agency or by an authorized law
SFY 2008 Page 8
Rule Reference 11D-9.006 OCJG -005 (rev. 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 shalt 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 Project funded by the JAG Grant Program must contain the 10 key elements
outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program
Office, 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, the subgrant
recipient agrees that drug court programs funded with this award shall collect and maintain
follow -up data on criminal recidivism and drug use relapse of program participation. The data
collected must be available to U.S. DOJ and FDLE upon request.
30. 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 all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence System
a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence
Systems Operating Policies is to assure that subgrant recipients of federal funds for the
principal purpose of 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.
b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to
certify that they operate a criminal intelligence system in accordance with Sections 802(a)
and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and
comply with 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. If the subgrant recipient or criminal justice agency operates a
criminal intelligence system and does not meet Act and federal regulation criteria, they must
indicate when they plan to come into compliance. Federal law requires a subgrant- funded
criminal intelligence system project to be in compliance with the Act and federal regulation
prior to the award of federal funds. The subgrant recipient is 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 certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of OJP's Financial Guide is required from all projects that are involved with
confidential funds from either Federal or matching funds. The signed certification must be
SFY 2008 Page 9
Rule Reference 1 1 D -9.006 OCJG -005 (rev. 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 (EEO)
a. No person, on the grounds of race, creed, color or national origin shall be excluded from
participation in, be refused benefits of, or otherwise subjected to discrimination under grants
awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of 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 subgrant recipient and the implementing agency agree to certify that they either do or do
not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime
Control and Safe Streets Act of 1968, as amended and that they have or have not
formulated, implemented and maintained a current EEO Program. Submission of this
certification is a prerequisite to entering into this agreement. This certification is a material
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.
3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section
42.207 Compliance Information).
c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000
or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month
period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil
Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S.
DOJ, OCR for approval. The submission shall be in 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 subgrantee need only send a copy
of its approval letter from the OCR. However, if the EEO Plan approval is more than two
years old, an updated Plan must be submitted.
d. In the event a Federal or State court of Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
of the finding to the Office for Civil Rights, Office of Justice Programs.
34. Americans with Disabilities Act
Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA),
Public Law 101 -336, which prohibits discrimination by public and private entities on the basis of
disability and requires certain accommodations be made with regard to employment (Title 1), state
and local government services and transportation (Title II), public accommodations (Title III), and
telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ( "INA "). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
SFY 2008 Page 10
Rule Reference 11D-9.006 OCJG -005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
36. National Environmental Policy Act (NEPA)
a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal
environmental impact analyses requirements in the use of subgrant funds by the subgrantee.
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
subgrantee or any third party and the activity needs to be undertaken in order to use these
subgrant funds,
(1) New construction;
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on
the National Register of Historic Places or (b) located within a 100 -year flood plain;
(3) A renovation, lease, or any other proposed use of a building or facility that will either (a)
result in a change in its basic prior use or (b) significantly change its size; and
(4) Implementation of a new program involving the use of chemicals other than chemicals
that are (a) purchased as an incidental component of a funded activity and (b)
traditionally used, for example, in office, household, recreational, or educational
environments.
b. For any of a subgrantee's existing programs or activities that will be funded by these
subgrants, the subgrantee, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national
or program environmental assessment of that funded program or activity.
37. Non - Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures
require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction
with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from
participating in this covered transaction, unless authorized by the Department.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal
loan of $150,000 or more.
b. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
this agreement subject to conditions and penalties imposed by 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 certifies, to the best of his or her knowledge and belief, that:
SFY 2008 Page 11
Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
(1) 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) If any non - federal funds have been paid or shall be paid to any person for influencing or
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 Activities, according to its instructions.
(3) The undersigned shall require that the language of this certification be included in award
documents for all subgrant awards at all tiers and that all subgrant recipients shall certify
and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Additional Restrictions on Lobbying
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 OJP.
41. "Pay — to — Stay"
Funds from this award may not be used to operate a "pay -to- stay" program in any local jail.
Furthermore, no funds may be given to local jails that operate "pay -to- stay" programs. "Local
jail ", as referenced in this condition, means an adult facility or detention center owned and /or
operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to-
stay" programs as referenced in this condition, means a program by which extraordinary services,
amenities and /or accommodations, not otherwise available to the general inmate population, may
be provided, based upon as offender's apparent ability to pay, such that disparate conditions of
confinement are created for the same or similar offenders within a jurisdiction.
42. Mitigation of 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/impact statements as required under the National Environmental Policy Act.
a. General Requirement: The subgrantee agrees to comply with Federal, State, and local
environmental, health and safety laws and regulations applicable to the investigation and
closure of clandestine methamphetamine laboratories and the removal and disposal of the
chemicals, equipment, and wastes used in or resulting from the operation of these
laboratories.
Specific Requirements: The subgrantee understands and agrees that any program or
initiative involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
SFY 2008 Page 12
Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
users, and neighbors of the site of a seized clandestine laboratory; (3) 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 subgrantee further agrees that in order to avoid or mitigate the possible
adverse health, safety and environmental impacts from any of clandestine
methamphetamine operations funded under this award, it will (1) include the nine, below
listed protective measures or components; (2) provide for their adequate funding to include
funding, as necessary, beyond that provided by this award; and (3) implement these
protective measures directly throughout the life of the subgrant. In so doing, the subgrantee
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.
(1) Provide medical screening of personnel assigned or to be assigned by the subgrantee to
the seizure or closure if of clandestine methamphetamine laboratories;
(2) Provide Occupational Safety and Health Administration (OSHA) required initial and
refresher training for law enforcement officials and other personnel assigned by the
subgrantee to either the seizure or closure of clandestine methamphetamine
laboratories;
(3) As determined by their specific duties, equip personnel assigned to the project with
OSHA required protective wear and other required safety equipment;
(4) Assign properly trained personnel to prepare a comprehensive contamination report on
each closed laboratory;
(5) Employ qualified disposal contractors to remove all chemicals and associated
glassware, equipment, and contaminated materials and wastes from the site(s) of each
seized clandestine laboratory;
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, 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;
(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
(9) Included among the personnel involved in seizing of clandestine methamphetamine
laboratories, or have immediate access to, qualified personnel who can respond to the
potential health needs of any offender(s)' children or other children present or living at
the seized laboratory site. Response actions should include, at a minimum and as
necessary, taking children into protective custody, immediately testing them for
methamphetamine toxicity, and arranging for any necessary follow -up medical tests,
examinations or health care.
SFY 2008 Page 13
Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
43. Limited English Proficiency
National origin discrimination includes discrimination on the basis of limited English proficiency
(LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to
take 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 at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307 -0690, or by
writing to the following address:
Office for Civil Rights
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW, Eighth Floor
Washington, DC 20531
44. The Coastal Barrier Resources Act
The subgrantee will comply and assure the compliance of all contractors with the provisions of
the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16 USC 3501 et seq.)
which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier
Resources System.
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 of a school security
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 assessment in its Final Program Report.
46. Environmental Protection Agency's (EPA) list of Violating Facilities
The subgrantee 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 will notify the Department of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
47. Flood Disaster Protection Act
The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973,
Public Law 93 -234, 87 Stat. 975, requiring that the purchase of flood insurance in communities
where such insurance is available as a condition of the receipt of any federal financial assistance
for construction or acquisition purposes for use in any area that has been identified as an area
having special flood hazards.
48. National Historic Preservation Act
The subgrantee will assist the Department in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the
SFY 2008 Page 14
Rule Reference 11D -9.006 OCJG -005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
Archeological and Historical Preservation Act of 1966 (16 USC 569a -1 et seq.) by (a) consulting
with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible
for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800.8) by the activity, and notifying the Department of the existence of any such
properties and by (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 subgrantee will comply and assure the compliance of all contractors, with the applicable
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 of Crime Act; as 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 laws, orders, circulars, or
regulations.
50. Public Safety Officers' Health Benefits Provision
The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits
Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act (Pub. L. No. 107 -77) and agrees to remain in
compliance during 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 of 1968, 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 Research Subjects
Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
52. National Information Exchange Model specifications
To support public safety and justice information sharing, OJP requires the grantee to use the
National Information Exchange Model (NIEM) specifications and guidelines for this particular
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 http://www.niem.gov/implementationquide.php.
53. Reporting, Data Collection and Evaluation
The subgrant recipient agrees to comply with all reporting, data collection and evaluation
requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant
(JAG). Compliance with these requirements will be monitored by BJA.
54. Privacy Certification
The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable
to collection, use, and revelation of data or information and that are in accordance with
requirements of Confidentiality of Identifiable Research and Statistical Information (28 C.F.R. Part
22 and, in particular, section 22.23, Privacy Certification).
SFY 2008 Page 15
Rule Reference 11D-9.006 OCJG -005 (rev. October 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
If an award is made for a project which has a research or statistical component under which
information identifiable to a private person will be collected, the subgrant recipient agrees to:
1. Project plans will be designed to preserve anonymity of private persons to whom information
relates, including, where appropriate, name - stripping, coding of data, or other similar
procedures.
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. A log will be maintained indicating that identifiable data have been transmitted to persons other
than BJA, OJJDP, BJS, NIJ, or OJP or grantee /contractor staff or subcontractors, that such
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 by the applicant that:
(1) Data identifiable to a 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 to 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.
6. Describe the precautions that will be taken to insure administrative and physical security of
identifiable data.
55. State Information Technology Point of Contact
The subgrant recipient agrees to ensure that the State Information Technology Point of Contact
receives written notification regarding any information technology project funded by this grant
during the obligation and expenditures period. This is to facilitate communication among local
and state governmental entities regarding various information technology projects being
conducted with these grant funds. In addition, the 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:// www.00p.usdojyov /ec /states.htm.
56. 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
jurisdictions, such systems shall employ, to the extent possible, existing networks as the
communication backbone to achieve interstate connectivity, unless the subgrant recipient can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would
impair the functionality of an existing or proposed IT system.
57. Supplanting
The recipient agrees that federal funds under this award will be used to supplement but not
supplant state or local funds.
SFY 2008 Page 16
Rule Reference 11D -9.006 OCJG -005 (rev. October 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - Direct
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
Signature:
Typed Name and Title:
Date:
Typed Name of Subgrant City of South Miami
Signature:
Typed Name and Horace G. Feliu,
Date: November 26, 2007
Typed Name of Implementing South Miami Police Department
Signature:
Typed Name and Vincent A. Landis, Chief of Police
Date: November 26, 2007
Application Ref # 2008 -JAGD -521 Section #6 Page 1 of 1
Contract - JAGD -DADE- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Insert Certifications and Authorizations here.
Application Ref # 2008 - JAGD -521
Contract - JAGD -DADE- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Section #7 Page 1 of 1
CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
SUBGRANTEE CERTIFICATION
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to
prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the
Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301 -.308,
Subparts C through H, if they meet the following criteria:
(i) have 50 or more employees; and
(ii) received a total of $25,000 or more in grants or subgrants; and
(iii) have 3 percent or more minorities in services population (however, if less than 3
percent minorities in service population, an EEOP must still be prepared, but must
focus on employment practices affecting women only).
I, the undersigned authorized official, certify that according to Section 501 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 to have an EEO Plan.
Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million 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 a copy of the current approval letter from the US DOJ
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written
EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a
subgrant application for federal assistance is approved or face loss of federal funds.
Signature of Subgrantee Authorized Official
Type Name: Horace G. Feliu
Title: Mayor
Subgrant Recipient: City of South Miami
Date: 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 Byrne Memorial Justice Assistance Grant Program
IMPLEMENTING AGENCY CERTIFICATION
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to
prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the
Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301 -.308,
Subparts C through H, if they meet the following criteria:
(i) have 50 or more employees; and
(ii) received a total of $25,000 or more in grants or subgrants; and
(iii) have 3 percent or more minorities in services population (however, if less than 3
percent minorities in service population, an EEOP must still be prepared, but must
focus on employment practices affecting women only).
I, the undersigned authorized official, certify that according to Section 501 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 to have an 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 million 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 a copy of the current approval letter from the US DOJ.
further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written
EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a
subgrant application for federal assistance is approved or face loss of federal funds.
Signature of Implementing Agency Authorized Official
Type Name: Vincent A. Landis
Title: Chief of Police
Implementing Agency: 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 RESPONSIBILITIY
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 athree -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
R. 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 CFR 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.
under subparagraph (d) (2) from an employee or otherwise receiving actual notice
A copy of which should be included with each application for
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
DRUG -FREE WORKPLACE
including termination, consistent with the requirements of the Rehabilitation Act of
(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 (f).
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 33143
2. Project Name: Improvement /Upgrade of 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:
5. Date: November 26, 2007
FDLE JAG Grant Application Package Lobbying, Debarment, Suspension, and Drug -Free Workplace Certification
Page 2