HomeMy WebLinkAboutItem 06 Approval of Identity Theft and Fraud GrantMeeting Date: November 7, 2023 Item #: 6 Contact Name: Chris McKinstry Department Director: Saima Plasencia Contact Number: Ext. 3055 City Manager: Robert Frank Background Summary: The State of Florida Office of Criminal Justice Grants, Florida Department of Law Enforcement, awarded the Police Department an Identity Theft and Fraud Grant, in the amount of $9,950 for the second consecutive year. The Identity Theft and Fraud Grant will provide funding to support the investigation and enforcement of personal identification theft and fraud and enhance the investigative skills of our detectives. It will also allow them to dedicate time to specifically investigate fraud cases. The acceptance of the Identity Theft and Fraud Grant requires the execution of an Agreement between the Florida Department of Law Enforcement and Ocoee Police Department. Issue: Should the Honorable Mayor and City Commissioners authorize the acceptance of the Identity Theft and Fraud Grant, execution of the Agreement, and expenditure of the funding for the Department to attend advanced training classes related to fraudulent crimes for officers and detectives and/or fund overtime activities for fraud investigations in the 2024 fiscal year? Recommendations: Staff respectfully recommends that the Honorable Mayor and City Commissioners authorize the acceptance of the Identity Theft and Fraud Grant, execution of the Agreement, and expenditure of the funding for the Department to attend advanced training classes related to fraudulent crimes for detectives and/or fund overtime activities for fraud investigations in the 2024 fiscal year. Attachments: 1. Award Agreement Financial Impacts: The Identity Theft and Fraud Grant will award the Department $9,950 to enhance the investigative skills of our detectives and to dedicate investigative time specifically to personal identification theft and fraud cases. Type of Item: Consent City of •-- • . Avenue - • •-- Florida 34761 Page 37 of 241 Agreement for State Financial Assistance Between Florida Department of Law Enforcement and Ocoee Police Department Award Number: L601 0 Project Title: FY2023-2024 Identity Theft and Fraud Grant Award Period: 10/01/2023 — 06/30/2024 Awarded Funds: $9,950.00 FLAIR Vendor ID: 596019764 CSFA Catalog Number: 71.042 This agreement is entered into by and between the Department of Law Enforcement (herein referred to az "FDLE" or "Department") and Ocoee Police Department (herein referred to as "Recipient); and WHEREQ, Jhl DIRIJililAi ill jWttorit R,I,i w I- g 1, IWO, 1p-qt9f z and as defined in the agreement; WHEREAS the Department conducted a competitive award solicitation to award a portion of funds to the Recipient; and WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge, xualifications and ex-terience to 4carr T out the stat 1.roect identified hereon and d •es offerAuW-r-jf-eicf-s-.iv-r,% services. NOW THEREFORE, in consideration of the foregoing, the parties agree as follows: assistance Standard Conditions provided in Appendix D. The State of Florida's performance and obligation to pay under this agreement is contingent upon an appropriation by the Legislature, availability of funds, and subject to any modification in accordance with Chapter 216, Florida Statutes or the Florida Constitution. FDLE will administer and disburse funds under this agreement in accordance with sections 215.97, 215.971, 215.981 and 215.985, F.S. for state financial assistance. Expenditures of state financial assistance shall be compliant with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures published by the Florida De%artment of Financial Services. All ex!.enditures shall be allowable reasonable and necessa for the success of the award project. The Department's determination of acceptable expenditures shall be conclusive. Page 38 of 241 UOTAILITIMIXAM21547M MU4-91POTCOM i M1 Tro 1733MI-rl 1 - 6 6. 9 - 0. 1 1 - 1 0 -re) W-cf;!�611U10b III LFIC theft and fraud. Funds under this program may only be used for the items/activities approved in Appendix C. The Recipient shall prepare and submit to MILE a monthly "Expenditure Report for Payment" within 30 da s after the end of each rtin ero In h This is a cost reimbursement a•reement with the abilit under extenuatin -Ax*rffit" - - wrfrllfflm��te must be accompanied by a signed "Cash Advance Request" form and copies of the supporting refunded to the Department prior to any further award disbursements. A,2 w2 � k>cx Ac*t Rt��ILA;E,;E ainrj! during each reporting period according to the terms and conditions of this award. The Department's determination of acceptable expenditures shall be conclusive. The Recipient shall provide "Expenditure Request for Payment" reports to the Department attesting to expenditures made during the reporting period. These reports are due 30 days after the end of each reporting period. For example: If the monthly reporting period is October 1-31, the Performance Report is due November 301h. must contain information regarding the status of project activities and the progress� made toward implementing the public firearms safety training sessions. All submitted reports must be certified by the incurred in accordance with the agreement. The Reciiient shall submit a final "Ex•enditure Re•uest Wr P14W6 •J1, 2024- 4,-tYiaav-ffe-rt due adjustments have been approved by the Department. I W-W, W manager and may be audited to the satisfaction of the Department and/or the Florida Department of Financial Services. Failure to comply with these provisions shall result in forfeiture of reimbursement and/or a refund of any advanced funding. 2 of 16 Page 39 of 241 x I . . ; . I # WMR1711WARI I A i dministration 19k2mes-4 tXQ-f'I8iWm V Criminal Justice Grants in w6ting. . Recipient Grant Manager Name: Mireya lannuzzi Title: Lieutenant Address: 646 Ocoee Commerce Parkway Ocoee, FL 34761 Phone: 407-554-7197 Email: miannuzzi@ocoee.org decipient Chief Official Name: Saima Plasencia Title: Chief of Police Address: 646 Ocoee Commerce Parkway Ocoee, FL 34761 Phone: 407-905-310 Email: splasencia@ocoee.org M (#hie Financial Officer Aame: Rebecca Roberts Title: Finance Director Address: 1 North Bluford Aven Ocoee,FL 34761 Phone: 407-905-3190 Email: rroberts@ci.ocoee.fl.Li Name: Patricia Stark Title: Government Analyst 11 ddres© P.O. Box 1489 Tallahassee, FL 3230214. Phone: 850417-1252 Email: patriciasta rk@fd le. state. fl. Page 4 of 21 The Recipient certifies with respect to this agreement that it possesses the legal • to receive the funds to be provided under this agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this agreement. In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this LZI I K111 I VAL-[' III low-Azis Roil I Ltr-j"41 al MM, = AWL /I Recipient Ocoee "• III•. Signature- 4UAnA. �Ff Amwd-s� Typed Name and Title:. Saima Plasencia. Chief of Police Date: 0CMA" kia I 'pa-ft."ob Page 41 of 241 Grant Number: L601 0 Recipient: Ocoee Police Department Project Title: FY2023-2024 Identity Theft and Fraud Gra conditions set forth below. W0001 WITHHOLDING OF FUNDS: Prior to the drawdown of funds for overtime (salaries and benefits), the Recipient must submit their agencies overtime pay policy to the Office of Criminal Justice Grants. S0002 The intent of this program is to increase investigation and enforcement efforts. Community education and awareness related expenses are not allowable under this award. Page 42 of 241 Grant Number: L601 0 Recipient: Ocoee Police Department Project Title: FY2023-2024 Identity Theft and Fraud Grant Project Period: 10/01/2023 — 06/30/2024 I I W4,14,17-1WARI �Personnel working on the project will be paid a rate consistent with the ;;Minimum Performance Criteria: 'Recipient's compensation and pay policy. Documentation includes an attestation of activities or services rendered on the expenditure report. This is a cost reimbursement deliverable. Only hours worked on eligible Tinancial Consequences: activities and supported by appropriate documentation will be reimbursed. Deliverable Price: Total payments for this deliverable will be approximately $5,726.00 Registration and/or Completion of identity theft and/or fraud related Minimum Performance Criteria: training. Documentation includes an attestation of activities or services rendered on the expenditure report, Financial Consequences: This is a cost reimbursement deliverable. Only allowable costs incurred �and supported by appropriate documentation will be reimbursed. Veliverable Price: Total payments for this deliverable will be approximately $4,224.00 Page 43 of 241 I I . 4 1 . I MoIllint Grant Number: L601 0 Recipient: Ocoee Police Department Project Title: FY2023-2024 Identity Theft and Fraud Grant Project Period: 10/0 1 /2023 - 06/30/2024 Budget Category Total A. Personnel (Sala ry/Overtime) $4,200.00 B. Fringe Benefits $1,526.00 C. Travel —(0C $3,124.00 D. Equipment 0) MOO E. Supplies `Eo—nstructi-o-n $0.00 F. MOO G. Consultants/Contracts $0.00 terCosts— $1,1-00.00 Standard Budaet Terms All items, quantities, and/or prices below are estimates based on the information available at the time of application. All items purchased with these funds must be allowable in accordance with the approved budget, reasonab[W,dced based on current market reviA tw.�m-'Arrzl program. The item(s) below may include additional individually priced, operationally necessary accessories, components, and/or peripherals and may be categorized as a "kit", "bundle", "system", etc. Award funds may be used to pay for applicable shipping, freight, and/or installation costs. The Department's determination of acceptable expenditures requested for reimbursement shall be conclusive. r-IM a 7-4-TIT, MW - - - 1 ®r . "I If If The Recipient will use funds to support overtime costs for (2) Detectives working identity theft and fraud cases at an average rate of $50 per hour. The Recipient shall provide timesheets, paystubs, and overtime detail reports (if applicable) with each payment request. B. Fringe Benefits�= $1,526.00 The Recipient will use funds to support fringe benefits associated with overtime hours worked on award activities. The employee portion of any fringe benefit is unallowable. F-C- Iff Worker's compensation will be reimbursed at a rate of 4.48%. The employer portion of health and life Page 44 of 241 I , . 0 , . # i 09-OIAZMA go I insurance will be reimbursed at a pro -rated amount corresponding to the number of hours the employee worked on the project. The Recipient shall provide documentation of the emj[UZIL-�oaid fdn�e benefits such as r, schedules, benefit summaries, etc. with each payment request to substantiate costs charged to the grant. C. Travel'= $3;112004�0�� The Recipient will use grant funds to reimburse hotel rates, airfare and baggage, parking, rental car, and fi?J J-PiAli WWI - the compact car rate. Per them will be reimbursed in accordance with State of Florida Travel Guidelines outlined in Section 112.06, Florida Statutes. The Recivient shall 1,rovide course Ee�*Jstration confirmation course Voucher, and hotel, airline, parking, and rental car receipts. H. PtheeCdOUO MMVi_ $250 each for the Mid -Atlantic Chapter IAFCI Conference (Williamsburg, VA). x wuiiilage '10 MY44 • P it _q AH t .............. Page 45 of 241 i I . 0 ; . I Mft!'12F-1W11K1 1111,7mroll 0 - a a* 1 0 1 # . MM.- required registrations and certifications for eligibility under this program. of intellectual property as a part of this agreement. ■ IN rtm. FA 1 0 W. 14- P and assurancec,-r-mtaLkpsL�kpcei-k,-D-e-RR-clrxkp AtaL-4�-— S to legally execute and bind Recipient to the terms of this agreement. Not Operational within 60 and 90 D. If a project is not operational within 60 days of the original start date of the award period, the Recipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. If a project is not operational within 90 days of the original start date of the award period, the Recipient must submit a second statement to the Department explaining the implementation delay. Upon receipt of the 90-day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, require additional project documentation and justifications throughout the award period. The Department will also require the Recipient provide a revised project timeline that includes all anticipated project activities, tasks, and astimated completion date(s). SECTION II: P"MENTS Obligation to Pay: The State of Florida's obligation to pay under this agreement is contingent upon an appropriation by the Legislature. 1 4! 1 - 35 pala in eXcess UTT w Ic e eci ient is entitled under the terms and conditions of the agreement must be refunded to the Department. Any balance of unobligated cash that has been paid and has not been authorized to be retained for direct program costs in a subsequent period must be refunded to the Department. �4x*]-Vsril or Project Director or any change in contact information, including mailing address, phone number, email, tr title change. WNW-11 W141,111 W1110111411111 Iiiio 111MVINVORGIMIJIMM olini�Illoew- 04191M 401 L;KQ1K4g," MY771MR-7111117, I i Lowl Wim el i Lei steli M -8 Page 46 of 241 I I . 0 - . I I MWIV-1WAKI I f, �70mgML W period of performance. Financial Management: The Recipient must have a financial management system able to record and report on the receipt, oblioation. and exne7d%TP&-n�wey IT cluave". written procedures for procurement transactions. Travel: Cost for travel shall be reimbursed at the Recipient's travel rate, but the maximum reimbursement for each type of travel cost shall not exceed rates established in State of Florida e Travel Guidelins, §112.061, F.S. Subcontracts, Rec':)ient a rees that all eml2loye bcon LOOM of whatever nature arising out of the subcontractor's performance of work under this agreement, to the extent allowed and required by law. Grant Ad'ustrirl n A czp.rlwl!cll, CIZ) "a db Uft: TIVIUS are oanexising inei m. us ments are required when there will be a transfer of 10% or more of the total budget between budget categories. Under no circumstances can transfers of funds increase the total award. Requests for changes to the grant agreement must be signed by the Recipient or Implementing Agency's chief official or the chief official's designee. All requests for changes must be submitted no later than thirty (30) days prior to grant expiration date. Property Management: The 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 2greement. Conflict of Interest: The Recipient will establish safeguards to prohibit employees from using their 5*-j6�� , a &_-kramuppuV�U FO&IMMXIM interest, or personal gain. Recipients must disclose in writing any potential conTlict of interest to the 1epartment. Tiolations of Criminal Law: The Recipient must disclose all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting the grant award. Convicted Vendors: The Recipient shall disclose to the Department if it, or any of its affiliates, as defined in §287.133(l)(a) F.S., is on the convicted vendor list. A person or affiliate placed on the convicted vendor list following a conviction for a public entity crime is prohibited from doing any activities listed in the 2greement for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Page 47 of 241 MOM21FIMAKI I NP rtor Ust, createa pursuant to S21 or engage in usiness opera ions n u a or event that federal law ceases to authorize the states to adopt and enforce the contracting prohibition identified herein, this provision shall be null and void. Discriminatory Vendors: The Recipient shall disclose to the Department if it or any of its affiliates, as defined by §287.134(l)(a), F.S. appears on the discriminatory vendors list. An entity or affiliate placed on the discriminatory vendor list pursuant to §287.134, F.S. may not a) submit a bid, proposal, or reply on a contract or a reement to nroy'de apMoods or services to a public entit%,!;_b) submit a bid, - - - -_ ? on a contract or agreement with a public entity for the construction or repair of a public building or public • c) submit bids, proposals, • replies • leases of real property to a public entity; • • awarded or perform work as a contractor, subcontractor, Recipient, supplier, subrecipient, or consultant under a contract or agreement with any public entity; or e) transact business with any public entity. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct: The Recipient must promptly refer to the Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a claim for to fraud, conflict of interest, bribery, gratuity, • similar misconduct involving grant funds. Non -Disclosure Agreements: Restrictions and certifications regarding non- disclosure agreements lunds to the entity and will immediately notify the Department. The Recipient will not resume obligations until expressively authorized to do so from the Department. tij 0 1 is ® ij - A I I �. k I Z I . the services provided under this agreement. The following are examples • rules and regulations that ,yovern Recipient's performance under this agreement. any state •. State of Florida E.O. 20-44: Public -Private Partnerships: Any entity named in statute with which th agency must form a sole -source, public -private agreement; and any nongovernmental Recipient receivin Page 48 of 241 WMIFY", compensation between the annual reports. All compensation reports must indicate what percent compensation comes directly from the State or Federal allocations to the Recipient. Civil Rights: The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 10 336, 42 U.S.C. Section 12101 et seq.) and shall not discriminate against any employee (or applicant employment) in the performance of this agreement because of race, color, religion, sex, national origi disability, age, or marital status. These requirements shall apply to all contractors, subcontracto subgrantees or others with whom it arranges to provide services or benefits to clients or employees connection with its programs and activities. E-Verify: The Department shall consider the employment by any contractor of unauthorized aliens violation of section 274(e) of the Immigration and Nationalization Act. Such violation shall be cause unilateral cancellation of this contract. Pursuant to F.S. 448.095, the Contracting Party and a subcontractors are reauired to realster with and use the E-Verifv s,%sten onerat copy of which the Contracting Party must maintain. The Contracting Party and any subcontractors a - VULC2111111V 011IJI1.11�1 �WIMCML iiIII1.11 COA JVJU year. 0 All W e7dr-CMITNTS77FIENrij: MIGUM LMI-Olign Me MUM 01recil OT XOT:IM9 record checks through local law enforcement agencies. Public Records: As required by 287.058(l)(c), F.S., the Recipient shall allow public access to a documents, papers, letters, or other public records as defined in 119.011(12), F.S.as prescribed b 119.07( SIM 11RAMU W11 WOMM, OW1111111110- I-61w, mecipient ts Idillit: LU UUMpy I lin pru! the Department may unilaterally terminate this • Independent Contractor, Subcontracting and Assignments: In performing its obligations under thi aareement. thg-Veciola-iit stall at all firs es he acti-io i-f t willal�m III- M—WWO• N 10 WIRW to bind the Department by virtue of this agreement, unless specifically authorized in writing to do so. Timely Payment of Subcontractors: To the extent that a subcontract provides for payment aft Recipient's receipt of payment from the Department, the Recipient shall make payments to al subcontractor within 7 working days after receipt of full or partial payments from the Department i accordance with §287.0585, F.S., unless otherwise stated in the agreement between the Recipient an subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall be charge Page 49 of 241 WS!KIZIMA J, ne eXpirauon o OIL, be in addition to actual payments owed and shall not exceed fifteen (15%) percent of the outstandi ercent of the outstandi ial or actua I legal actio t or y i ct balance due. '7 Notice of Legal Actions: The Recipient shall notify the Department of potential or actual legal • actio taken against the Recipient related to services provided through this agreement or that may impact th - Recipient's ability to complete the deliverables outlined herein, or that may adversely impact t - of such actions or potential actions or from the day of the legal filing, whichever comes first. Property: In accordance with 287.05805, F.S., any State funds provided for the purchase of purchase or the completion of the improvements or as further required by law. SECTIONNVAIECORDS,-AUDITS, ANDANFORMAtION SECURIv Records Retention: Retention of all financial records, suppoti-ii• docu-tteits- statistical rern!] *T:19 Sit... .0A IL Ii. 11-1. 1,* '-i-- .1, ......... . . . . . . M. of any audit findings or litigation based on the terms of this agreement, at no additional cost to th- Department. Upon demand, at no additional cost to the Department, the Recipient will facilitate duplication and transfer of any records or documents during the term of this agreement and t e require five (5) year retention period. No record may be withheld, nor may the Recipient attempt to lim t the scop 1W1 -5-RIT"I tu dllj' blul le- WM�A �1771Mife -- a. e records shall be made available at all reasonable times for inspection, review, copying, or audit by Stat or other personnel duly authorized by the Department. Records Inspection: Pursuant to Section 216.1366, F.S., in order to preserve the interest of the state I the prudent expenditure of state funds, the Department shall be authorized to inspect the (a) Financi records , papers, and documents of the Contractor that are directly related to the performance of th- Contract or the ex enditure of state funds. and Rail- WAWA e7its of ft RAWWRIE411Z 11N IN to ensure that the terms Ot the Contract are being met. The Contractor shall provide such records, paper and documents requested by the Department within ten (10) business days after the request is made. Monitoring: The Recipient agrees to comply with the Department's grant monitoring guidelines, protocol and procedures; and to cooperate with the Department on all grant monitoring requests, including request related to desk reviews, enhanced programmatic desk reviews, site visits, and/or Florida Department r Financial Services contract reviews and Expanded Audits of Payment (EAP). The Recipient agrees t provide the Department all documentation necessary to complete monitoring of the award and verif expenditures in accordance with 215.971, F.S. Further, the Recipient agrees to abide by reasonabll deadlines set by the Department for providing requested documents. Failure to cooperate with gra t monitoring activities may result in sanctions affecting the Recipient's award, including, but not limited I w0X*NiAS ?-AIA[r �ither restrictiaAs+A the Reci;tiei%t's access-ts, fynts, a.-,,i!/4r referral t* the *ffice if t Inspector General for audit review. Florida Single Audit Act (FSAA): The Recipient shall comply and cooperate immediately with an inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector Gene u (§20.055, F.S.). In the event that the Recipient expends a total amount of state financial assistance eq I to or in excess of $750,000 in any fiscal year, the Recipient must have a single audit or project-specifii -m-udit in accordance with §215.97, F.S. and the applicable rules of the Department of Financial Service%, 09CMIP. Page 50 of 241 non -state entity for Federal proaram-n*kN7r1 ve4mW-�mp--M!;—� jj M501104 Ki =W area =-i MUMTRIF-M iMMUMT10111! UI Fa UTA I in M 0 a- -T, to each of the following: The DeDartment of Law Enforcement: Florida Department of Law Enforcement Office of Criminal Justice Grants ATTN: State Financial Assistance Post Office Box 1489 -Pizlloz Criminal Justice Information Data Security: Acceptance of this award, constitutes understanding that Wamm- 4"�AWA I K-711IL-71 V IN 01MVIUVRej El I V14,14 [M-11 MA A W1 id W-1 I'llon M [1111 In] oil sj lukr-A I I I RIM r I I• •WWO M', I V M, M MW7 01"01 lift 111* zMalowill 4 0 OMAN F.S. The Recipient agrees that, upon written request of the Department, it shall promptly provide to the V a .41MOMM1141 It The Recipient must clearly label any portion of the documents, data, or records submitted thatil W W loll, .1101 correlating the nature of the claims to the particular protected information. Page 51 of 241 =0617-1WAMOR, Liability: Unless the Recipient is a state agency or subdivision, the Recipient shall be solely responsible Page 53 of 241