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HomeMy WebLinkAboutItem #07 Approval of Edward Byrne Memorial Justice Assistance Grant FY 2013 Application 2014-JAGC-21514k Y %/� Ocoee florida AGENDA ITEM COVER SHEET Meeting Date: July 16, 20 13 Item # Contact Name: Contact Number Chief Charles J. Brown 407.905.3160 x 3022 Reviewed By: Department Director: Chief Cha City Manager: Rob Frank Brown Subject: Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2013 application 2014 -JAGC -2151 Background Summary: This year, $10,787.00 has been made available for the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG). The Byrne Memorial Justice Assistance Grant (JAG) Formula Program Committee wishes to submit the attached 51% Letter to the Office of Criminal Justice Grants in Tallahassee. This letter lists the various programs for which the participating law enforcement agencies in Orange County plan to spend the $347,458.00 allocated to them. The letter and accompanying grant application must be signed by the Mayor. If approved, the City of Ocoee will receive $10,787.00 to purchase new Internal Affairs tracking software. The agency currently tracks complaints with an outdated and non - supported filing system. The new tracking software is automated, paperless, user friendly, allows more than one user, sends out alerts when patterns are noticed, and allows the agency to be more efficient with processing officer complaints. The agency plans to purchase Cl Technologies IA Pro software through standard City purchasing procedures. IA Pro software is currently used by Winter Garden, Apopka, Clermont, and several other Florida law enforcement agencies and is compatible with the City's computer system. Issue: Should the Honorable Mayor and Board of City Commissioners authorize the Mayor to sign the 51% Letter and grant application allowing the Police Department to apply for $10,787.00 that has been made available for the Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG) to purchase new Internal Affairs tracking software? Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners authorize the Mayor to sign the 51% Letter and grant application allowing the Police Department to apply for $10,787.00 that has been made available for the Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG) to purchase new Internal Affairs tracking software. Attachments: Grant application. Solicitation Letter, Grant Application, 51% Letter Financial Impact: $10,787.00 available to the Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant (JAG). No matching funds are required by the City. 1 Type of Item: (please mark with an 'V) Public Hearing For Clerk's Dept Use: Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion & Direction X Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A 2 "W It `1- Florida Department of Law Enforcement Gerald M. Bailey Commissioner Business Support Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, FL 32302 -1489 (850) 617 -1250 www.fdle.state.fl.us Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture May 24, 2013 The Honorable Teresa Jacobs Mayor, Orange County Board of Commissioners 201 South Rosalind Avenue, 5th Floor Orlando, FL 32801 Re: Federal Fiscal Year (FFY) 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — JAG Countywide — State Solicitation Dear Mayor Jacobs: The Florida Department of Law Enforcement (FDLE) anticipates an award from the United States Department of Justice for FFY 2013 JAG funds. FDLE will distribute these funds in accordance with the JAG Countywide distribution provisions of Chapter 11 D -9, Florida Administrative Code. FDLE has set aside $347,458 funds for use by all units of government within Orange County. The enclosed Program Announcement provides an overview of these funds which can be used by local units of government to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Please note that the Program Announcement includes information from the U.S. Department of Justice relating several areas of national focus and its priorities to help maximize the effectiveness of the Byrne /JAG funding. As a condition of participation in this program, the units of government in each county must reach a consensus concerning the expenditure of these funds. This consensus must include the projects to be implemented as well as the agency responsible for such implementation. Developing such consensus will require someone to exercise leadership and assume a coordinating role in the development of applications for these funds. FDLE recommends that the Board of County Commissioners assume this responsibility. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, tc serve as the coordinating unit of government. Service - Infegrity o Respect - Qualify The Honorable Teresa Jacobs May 24, 2013 Page Two The enclosed Certificate of Participation form requests the identification of an individual coordinator. We will send this individual further information regarding the application process in FDLE's on -line grant management system. Please complete the enclosed Certificate of Participation and return it as soon as possible to: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 Attention: Clayton H. Wilder, Administrator FDLE does not discriminate, and prohibits subgrant recipients from discriminating, on the basis of race, color, religion, national origin, sex, disability, or age in the delivery of services or benefits or in employment. We look forward to working with you. If you have any questions or if we can provide you with any assistance regarding the JAG Program, please contact me at (850) 617 -1250. Sincerely, V,�ato . Wilder Administrator CHW /JP /al Enclosures cc: Mayors in Orange County Law Enforcement Agencies in Orange County Project Directors in Orange County PROGRAM ANNOUNCEMENT FEDERAL FISCAL YEAR 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Countywide State Solicitation The State of Florida, Department of Law Enforcement (FDLE), anticipates an award from the United States Department of Justice (USDOJ) for $7,071,683 in Justice Assistance Grant (JAG) funds. FDLE will distribute these funds in accordance with the JAG Countywide distribution provisions of Chapter 11 D -9, Florida Administrative Code. This announcement is to notify eligible applicants of program requirements. Please note this Program Announcement includes information from the USDOJ relating several areas of national focus and its priorities to help maximize the effectiveness of the Byrne /JAG funding. Eligible Applicants Units of local government are eligible to receive subgrants from FDLE. "Units of local government" means any city, county, town, township, borough, parish, village, or other general - purpose political subdivision of a State and includes Native American Tribes that perform law enforcement functions as determined by the Secretary of the Interior. Program Strategy and Purposes JAG blends the previous Byrne Formula and Local Law Enforcement Block Grant (LLEBG) Programs to provide agencies with the flexibility to prioritize and to support a broad range of activities to prevent and control crime based on their own local needs and conditions. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice. Local units of government receiving JAG funding have the flexibility to implement projects in any of the seven federally approved purpose areas, listed below. 1) Law enforcement programs 2) Prosecution and court programs 3) Prevention and education programs 4) Corrections and community corrections programs 5) Drug treatment and enforcement programs 6) Planning, evaluation, and technology improvement programs 7) Crime victim and witness programs Any law enforcement or justice initiative previously eligible for funding under Byrne or LLEBG is eligible for JAG funding. Coordination Efforts Each county is allocated a sum of money for use by all local governments within the county. This amount is determined through a funding algorithm established in the administrative rule. Page 1 Chapter 11 D- 9.005, Florida Administrative Code, requires that units of government in each county reach consensus concerning the expenditure of these funds, including the projects to be implemented and the agency responsible for such implementation. Maximum coordination is required to meet this program requirement, and the Department requests the county board of commissioners to serve as the coordinating unit for all local governments within the county. The Chairman, Board of County Commissioners, in each county so notified is requested to return to the Department a statement of certification indicating the county's willingness to serve. This certification must be returned within 30 days from the date of receipt of notification. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of government. Each county or coordinating unit of government is encouraged to form a criminal justice coordinating /planning group to identify and implement criminal justice priorities for the county, to plan strategies to address those priorities, to identify areas of greatest need, and to review all possible sources of revenue to make sure that funds go to the programs or issues that need them most. Furthermore, FDLE requires that units of government in each county reach consensus concerning the expenditure of the JAG funds, including the projects to be implemented and the agency responsible for such implementation. Each county must document this consensus by submitting letters from at least 51 percent of the units of government which also represent at least 51 percent of the population located in said county. Match Requirements There is no match requirement under the guidelines of the JAG program. DOJ/I3ureau of Justice Assistance (BJA) Priorities BJA wishes to ensure that recipients are aware of several areas of national focus and priority and to encourage recipients to maximize the effective use of JAG funds. The following is a brief list of key priorities: 1) Reducing Gun Violence 2) Recidivism Reduction and Justice System Realignment 3) Indigent Defense 4) Evidence -Based "Smart" Programs For more information on BJA's priorities, recipients may access: https: / /www.bja.gov /Funding /13JAGStateSol.pdf (see pages 13 -14). This is for informational purposes only; do not apply for any funds through this solicitation Recipient must still submit an application for funding through SIMON Page 2 _Application Requirements and Deadlines Once the Certificate of Participation form designating the coordinator for your county is received, the Office of Criminal Justice Grants will send this individual further information regarding the application process. Applicants must apply on -line using FDLE's grant management system. The deadline for the on -line submission is 5:00 P.M., Wednesday, July 24, 2013 In addition, applicants must print out the completed application and submit two (2) hard copies (both with original signatures) no later than 5:00 P.M., Friday, August 2, 2013 A separate application must be submitted for each proposed project. Applications should be mailed or hand delivered to the Florida Department of Law Enforcement, Office of Criminal Justice Grants, 2331 Phillips Road, Tallahassee, Florida 32308, Attention: Clayton H. Wilder, Administrator. Applications must be accompanied by letters of approval representing agreement among at least 51 percent of all units of local government representing at least 51 percent of the county population as to the allocation of dollars to each project in the county. Questions regarding this Program Announcement should be directed to Clayton H. Wilder, Florida Department of Lair Enforcement, at (350) 617 -1250. Page 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Subgrant Recipient Organization Name: City of Ocoee County: Orange Chief Official Name: Scott Vandergrift Title: Mayor Address: 150 North Lakeshore Drive City: Ocoee State: FL Zip: 34761 -2258 Phone: 407 - 905 -3100 Ext: 1037 Fax: Email: cbrown @ci.ocoee.fl.us Chief Financial Officer Name: Wanda Horton Title: Finance Director Address: 150 North Lakeshore Drive City: Ocoee State: FL Zip: 34761 -2258 Phone: 407 - 905 -3100 Ext: 1520 Fax: Email: financedirector @ ci.ocoee.fl.us Application Ref # 2014 -JAGC -2151 Section #1 Page 1 of 2 Contract - JAGC -GRAN- - - Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Implementing Agency Organization Name: Ocoee Police Department County: Orange Chief Official Name: Charles Brown Title: Chief Address: 646 Ocoee Commerce Parkway City: Ocoee State: FL Zip: 34761 -2918 Phone: 407 - 905 -3160 Ext: 3022 Fax: 407 - 656 -0218 Email: cbrown @ci.ocoee.fl.us Project Director Name: Randy Conyers Title: Sergeant Address: 646 Ocoee Commerce Parkway City: Ocoee State: FL Zip: 34761 Phone: 407 - 905 -3160 Ext: 3018 Fax: 407 - 905 -3164 Email: rconyers @ci.ocoee.fl.us Application Ref # 2014 -JAGC -2151 Section #1 Page 2 of 2 Contract - JAGC -ORAN- - - Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Project Information Project Title: OCOEE POLICE DEPARTMENT IA SOFTWARE UPGRADE Subgrant Recipient: City of Ocoee Implementing Agency: Ocoee Police Department Project Start Date: 10/1/2013 End Date: 9/30/2014 Problem Identification The following problems have been identified: 1. The current IA (Internal Affairs)software being used is antiquated and is in need of many costly changes /updates and is no longer supported by its provider. 2. The current software was given to our agency many years ago and no one at the agency has the administrative rights to make changes. The administrator on the account is no longer available. 3. The current software allows only one person to enter complaints. If the person assigned to enter or create investigations is out for any reason, the complaints cannot be entered into the system until they return. 4. The current software is not user friendly nor does it allow for supervisors in the field to enter, log, or track complaints. 5. The software does not allow for a paperless system, nor does it allow supervisors to route the complaints, uses of force, pursuits, and firearm discharges through the chain of command. Project Summary (Scope of Work) Replacing our current IA software will create an opportunity to upgrade and streamline our entire IA process. This leads to a more effective and efficient use of our agency's resources. The new IA software will give access to all authorized members to enter uses of force, vehicle pursuits, firearm discharges, complaints, etc. Incidents will be routed through the chain of command with review and approval at each step. All of the data from the current system can be migrated into the new system. The interface is designed to allow users to work quickly and efficiently when entering and searching data. The software will allow users to create statistical reports. The software will allow users to manage their cases more effectively. The software integrates Microsoft Word, so that documents can be accessed directly. Reusable forms can be created and the software will automatically populate those forms. This saves time and reduces the chance of error. The software will allow users to link documents and files of any type directly to incident folders. The software is equipped with an early intervention feature to alert the agency of a member being over the allowable amount of occurrences by incident (i.e. citizen complaints, use of force, etc.), overall alert (triggered regardless of incident type), monitored officer alert (alert is generated when the monitored officer is involved in an incident), top percentile alert (specific unit or time period), and detail alert (by allegation and use of force type). Application Ref # 2014 -JAGC -2151 Contract - JAGC -GRAN- - - Section #2 Page 1 of 2 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Part 1: In your business or organization's preceding completed fiscal year, did your business or organization (the subgrantee) receive (1) 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and /or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and /or cooperative agreements? If yes, answer "yes" or "no" to Part 2, below. Answer: No Question: Part 2: Does the public have access to information about the compensation of the executives in your business or organization (the subgrantee) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? If answer to Part 1, above, was "no," answer N /A. Answer: N/A Application Ref # 2014 -JAGC -2151 Contract - JAGC -GRAN- - - Section #2 Page 2 of 2 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 - Law Enforcement Programs State Purpose Area: E - Equipment Purchases and /or Technology Investments: Includes activities where equipment purchases or technology investments were made that improve efficiency and /or cost savings. Activity Description Activity: Equipment Purchases and /or Technology Investments Target Group: Equipment Purchases and /or Technology Investments Geographic Area: Suburban Location Type: Police Department Address(es) : Ocoee Police Department 646 Commerce Parkway Ocoee , FL 34761 Objectives and Measures Objective: E1 - Report on JAG funding allocated for equipment and /or technology investments Measure: Part 1 How much JAG funding has been allocated for equipment and /or technology investments? Please report in dollars ($) Goal: $10,787.00 Objective: E2 - Make equipment purchases and /or technology investments Measure: Part 1 What types of equipment purchases and /or technology investments will be made with JAG funds? In your response, please list all that apply from the following choices: Computer -aided Dispatch (CAD), Computers /Mobile Data Terminals, Computer Software, Emergency Medical Services (EMS), Equipment for Police Cruisers (including in -car radios and laptops), In- car /On- person Camera Systems, Less - lethal Weapons, Impact Weapons (batons, bean bag shotgun rounds, etc.), Chemical Weapons (CS gas, pepper spray), Energy Devices (tasers) Lethal Weapons (firearms); License Plate Readers; Application Ref # 2014 -JAGC -2151 Contract - JAGC -GRAN- - - Section #3 Page 1 of 3 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Mobile Access Equipment (for example, aircards for Verizon, Sprint, AT &T, etc.); Radios, Security Systems (station or evidence room), Tactical Vests /Body Armor, Undercover Surveillance Equipment (microphones, video), Vehicles, Video Observation (station, community, pole cams), Other. Do not select other if your item fits into any of the categories above. If other, state 'other" and specify. Goal: IA computer software Objective: E3 - Achieve efficiencies or cost savings as a result of equipment purchases and /or technology investments Measure: Part 1 Describe any efficiencies or cost savings that will be achieved as a result of an equipment purchase and /or technology investment. Goal: This software allows multiple authorized users to enter and be assigned complaints to investigate. Streamlines the IA process. The software will save our agency money by using less paper and ink. The software allows our administration to view the entire process, where in the past they have not been able to do so. The software will allow authorized users to manage cases more effectively. The software will allow users to make more effective use of their time which saves the agency money. Application Ref # 2014 -JAGC -2151 Contract - JAGC -GRAN- - - Section #3 Page 2 of 3 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: N/A Question: If "other" was selected for location type, please describe. Answer: N/A Application Het # 2014 -JAGC -2151 Contract - JAGC -GRAN- - - Section #3 Page 3 of 3 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency ?: No FLAIR I Vendor Number: 596019764 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 $10,787.00 $0.00 $10,787.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $10,787.00 $0.00 $10,787.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ket # 2014 -JAGC -2151 Section #4 Page 1 of 3 Contract - JAGC -GRAN- - - Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative: This project falls under the Operating Capital Outlay category. IA tracking software will be purchased for approximately $12,250.00. The City of Ocoee will pay any amount over the awarded grant allocation. Application Ref # 2014 -JAGC -2151 Contract - JAGC -GRAN- - - Section #4 Page 2 of 3 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: N/A Question: If benefits are to be included, are they reflected in the budget narrative? Answer: NA Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: $5,000.00 Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref # 2014 -JAGC -2151 Section #4 Page 3 of 3 Contract - JAGC -ORAN- - - Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section 5: Standard Conditions Insert Standard Conditions Page here. Application Het # 2014 -JAGC -2151 Contract - JAGC -GRAN- - - Section #5 Page 1 of 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 Standard 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 18 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 (Financial Guide) ( www.0 0 p. usdoi .gov /financialquide / index.htm and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance ( www.bia.gov /ProgramDetaiIs.aspx ?Program ID =59 ) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: • Florida Administrative Code, Chapter 11D -9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program ": www.firules.org/ Office of Management and Budget (OMB) Circulars: www.whitehouse.gov /omb /circulars • A -21 (2 CFR 220), "Cost Principles for Educational Institutions" • A -87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" • A -102, "Grants and Cooperative Agreements with State and Local Governments" • A -110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" • A -122 (2 CFR 230), "Cost Principles for Non - Profit Organizations" • A -133, "Audits of States, Local Governments, and Non - Profit Organizations" Code of Federal Regulations: www.gpo.gov /fdsysl o 2 CFR 175.15(b), "Award Term for Trafficking in Persons" o 28 CFR 38, "Equal Treatment for Faith -Based Organizations" 0 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) o 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" 0 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63 • Public Law 109 -162, Title XI— Department of Justice Reauthorization, Subtitle B— Improving the Department of Justice's Grant Programs, Chapter 1— Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: www.bia.gov /ProgramDetaiIs.aspx ?Program ID =59 United States Code: www.gpo.gov /fdsVs/ o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" • State of Florida General Records Schedule GS1 -SL for State and Local Government Agencies: dlis. dos. state. fl. us /barm /genschedules /GS1- SL.pdf 2. Requirements for Contractors of Subgrant Recipients The subgrant recipient assures 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 (42 U.S.C. 3711 et seq. at www.gpo.gov /fdsys / ); the provisions of the current edition of the Office of Justice Programs Financial Guide ( www .o'p.usdoi.gov /financiaiguide /index.htm and all other applicable State and Federal laws, orders, circulars, or regulations. SFY 2013 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Proaram Florida Department of Law Enforcement 3. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs 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. 4. Reports a. Project Performance Reports (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within fifteen (15) days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the 'original' project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 18, Performance of Agreement Provisions. (2) Report Contents: Performance Reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes /no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. Additional information may be required if necessary to comply with federal reporting requirements. (3) Submission: Performance Reports may be submitted by the Project Director, Application Manager, or Performance Contacts. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty (30) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON -line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre - audit and post- audit. (d) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must SFY 2013 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. (f) The report must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. (2) Financial Closeout Audit (a) The Financial Closeout Audit shall be submitted to the Department within forty -five (45) days of the subgrant termination date. (b) The Financial Closeout Audit must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. (3) Project Generated Income (PGI) (a) If applicable, the subgrant recipient shall submit Quarterly PGI Earnings and Expenditures Reports to the Department within thirty (30) days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue submitting quarterly PGI reports until all funds are expended. (See Item 11, Program Income.) (b) PGI Earnings and Expenditures reports must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. c. Other Reports The subgrant recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 5. Fiscal Control and Fund Accounting Procedures a. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A -21, A -87, and A -110, or A -102 as applicable, in their entirety. b. The subgrant recipient is required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. As a subgrant recipient, you must have a financial management system in place that is able to record and report on the receipt, obligation, and expenditure of grant funds. An adequate accounting system for a subgrant recipient must be able to accommodate a fund and account structure to separately track receipts, expenditures, assets, and liabilities for awards, programs, and subgrant recipients. c. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. d. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. SFY 2013 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 6. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 7. 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. All payments must be completed within thirty (30) days of the end of the subgrant period. Advance Funding Advance funding may be provided to a subgrant recipient upon a written request to the Department. The request must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. 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 federal grant period end date. Any unexpended interest remaining at the end of the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 10. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to § 112.061, Fla. Stat. 11. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. PGI Earnings and Expenditures reports must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. PGI budget requests must be signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. SFY 2013 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 12. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight -hour day. A detailed justification must be submitted to and approved by FDLE prior to obligation or expenditures of such funds. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 13. Property Accountability a. The subgrant recipient agrees to use all non - expendable property for criminal justice purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat. 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 Office of Justice Programs 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. 14. 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 Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A -110 or A -102, as applicable. 15. Copyright The awarding agency reserves a royalty -free non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work 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. 16. 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 Grant No. [contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." SFY 2013 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 17. 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 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 § 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules. "; § 215.97, Fla. Stat., "Florida Single Audit Act "; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For - Profit Organizations." A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (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 OMB Circular A -133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 18. 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 SFY 2013 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. 19. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subgrant recipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subgrant recipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 20. 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. 21. Written Approval of Changes in this Approved Agreement (Grant Adjustments) a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. SFY 2013 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. d. Requests for changes to the subgrant agreement must be electronically signed by the subgrant recipient or implementing agency's chief official or the chief official's designee. e. Any certifications required for the requested changes, such as Sole Source, ADP Justification, Privacy Certification forms, and Confidential Funds certifications, must be signed by the subgrant recipient or implementing agency chief official or someone with formal, written signature authority for the chief official. 22. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty -one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., and in procedures set forth in Rule 28- 106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 23. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 24. 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 Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of § 119, Fla. Stat., and made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 25. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of five (5) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. The subgrant recipient shall comply with State of Florida General Records Schedule GS1 -SL for State and Local Government Agencies: dlis.dos.state.fl.us/barm/genschedules/GS1-SL.pd . SFY 2013 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 26. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Officials for the Subgrant recipient or Implementing Agency, project staff must notify the help desk for FDLE's online grants management system, SIMON ( Subgrant Information Management Online) so that the organization can be updated in SIMON. If the project director changes, a grant adjustment must be entered in SIMON to reflect the change. 27. 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 § 435, Fla. Stat. shall apply. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be 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 or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 28. Drug Court Projects A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court Programs." 29. 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. SFY 2013 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Florida Department of Law Enforcement 30. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the subgrant recipient may be fined as per 42 U.S.C. 3789g(c) -(d). The subgrant recipient may not satisfy such a fine with federal funds. 31. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 32. Civil Rights Compliance Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients, implementing agencies, and contractors must comply with any applicable statutorily- imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 -34); the Education Amendments of 1972 (20 U.S.C. § §1681, 1683, 1685 -86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 -07); and Department of Justice Non - Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith - based and community organizations). b. FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability, or age in the delivery of services or benefits or in employment. c. Subgrant recipients are responsible for ensuring that contractors, vendors, and agencies to whom they pass- through funds are in compliance with all Civil Rights requirements and that the contractors, vendors, and agencies are aware that they may file a discrimination complaint with the subgrant recipient, with FDLE, or with the Office for Civil Rights and how to do so. d. Equal Employment Opportunity Plans (1) A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on -line short form at www.obp.usdoo.gov /about/ocr /eeop comply htm must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. (2) If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. SFY 2013 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (3) A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. (4) The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. e. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to FDLE and to the Office for Civil Rights, Office of Justice Programs. f. In accordance with federal civil rights laws, the subgrant recipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. g. Subgrant recipients must include comprehensive Civil Rights /Nondiscrimination Provisions in all contracts funded by the subgrant recipient. If the subgrant recipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subgrant recipient, with FDLE or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office of the Inspector General, P.O. Box 1489, Tallahassee, Florida 32302 -1489 or on -line at www.fdle.state.f1.us /contacts /comment form.html Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7 th Street, NW, Washington, DC 20531, by phone at (202)307 -0690. The subgrant recipient must have procedures in place for responding to discrimination complaints that employees and clients, customers, and program participants file directly with the subgrant recipient. Any discrimination complaints file with FDLE will be reviewed by FDLE's Inspector General and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission, based on the nature of the complaint. k. Americans with Disabilities Act Subgrant recipients 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 11), public accommodations (Title 111), and telecommunications (Title IV). Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at www.lep.gov SFY 2013 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement m. Equal Treatment for Faith Based Organizations The subgrant recipient agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation "). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub - grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith -based organizations may, in some circumstances, consider religion as a basis for employment. See www.oip.gov /about/ocr /equal fbo.htm 33. 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. 34. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken in order to use these subgrant funds, (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. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and /or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and SFY 2013 Page 12 Ed ward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice at www.b*a.gov /Funding /nepa.html , for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 35. Non - Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 36. 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. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or SFY 2013 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subgrant recipients shall certify and disclose accordingly. 37. State Restrictions on Lobbying In addition to the provisions contained in Item 36, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 38. Additional Restrictions on Lobbying The subgrant recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. 39. "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. 40. 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 subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. SFY 2013 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure 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 subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, 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) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow -up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 41. The Coastal Barrier Resources Act The subgrant recipient 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. SFY 2013 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 42. 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. 43. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it 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. 44. Flood Disaster Protection Act The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 45. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a -1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 46. Human Research Subjects Subgrant recipient agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 47. Global Standards Package In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: www.it.0 /qsp grantcondition Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 48. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by FDLE. SFY 2013 Page 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 49. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Subgrant recipient further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 50. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the subgrant recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to www.it.oip.gov /defauIt.aspx? area= policVAndPractice &page =1046 51. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 52. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 53. Conflict of Interest The subgrant recipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 54. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally- assisted programs. 55. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 U.S.C. §§ 1501 -08 and §§ 7324 -28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 56. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully or partially funded by the grant and that are expected to work solely on the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee. SFY 2013 Page 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Proaram Florida Department of Law Enforcement 57. Additional Documentation of Personnel for Department of Financial Services In accordance with Section 215.971, Florida Statutes, the Florida Department of Financial Services may require documentation validation that personnel services were performed on project related activities in accordance with the contract agreement. 58. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds 59. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet- based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership ( www.ctfli.org ). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties /rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership ( www.ctfli.org ). 60. Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable Subgrant recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 61. High Risk Subgrant Recipients The subgrant recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the U.S. Department of Justice determines that the subgrant recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. 62. Text Messaging While Driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the subgrant recipient is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this subgrant and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 63. Central Contractor Registry (CCR) The subgrant recipient must maintain the currency of its information in the CCR until it submits the final financial report required under this award or receives the final payment, whichever is later. This requires that the subgrant recipient review and update the information at least annually after the initial registration, and more frequently if required by changes in its information or another award term. SFY 2013 Page 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 64. Maximum Allowable Salary No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the subgrant recipient whose total annual cash compensation exceeds 110% of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. (The salary table for SES employees is available at http: / /www.opm.gov /oca /payrates /index asp A subgrant recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non - federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 65. DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database If JAG program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS), by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non - governmental DNA database without prior express written approval from BJA. For more information, refer to the NIJ FY 2012 DNA Backlog Reduction Program, available at ncirs.gov/pdffilesl/nii/sIO00989.pd . 66. Interoperable Communications Guidance Subgrant recipients that are using funds to support emergency communications activities must comply with the current SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Emergency communications activities include the purchase of Interoperable Communications Equipment and technologies such as voice - over - internet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) Waiver Order. SAFECOM guidance can be found at www.safecomprogram.gov /library /lists /library /DispForm aspx ?ID =334 Subgrant recipients Grantees interested in developing a public safety broadband network in the 700 MHz band in their jurisdictions must adhere to the technical standards set forth in the FCC Waiver Order, or any succeeding FCC orders, rules, or regulations pertaining to broadband operations in the 700 MHz public safety band. The subgrant recipient shall also ensure projects support the Statewide Communication Interoperability Plan (SCIP) and are fully coordinated with the full -time Statewide Interoperability Coordinator (SWIC). If any future regulatory requirement (from the FCC or other governmental entity) results in a material technical or financial change in the project, the recipient should submit associated documentation, and other material, as applicable, for review by the SWIC to ensure coordination. Subgrant recipients must provide a listing of all communications equipment purchased with grant award funding (plus the quantity purchased of each item) to FDLE once items are procured during any periodic programmatic progress reports. 67. Bulletproof Vests Subgrant recipients that wish to purchase vests with JAG funds must certify that law enforcement agencies receiving vests have a written "mandatory wear" policy in effect. This policy must be in place for at least all uniformed officers before funding can be used by the agency for vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. FAQs related to the mandatory wear policy and certifications can be found at www.bia.gov/Funding/JAGFAQ.pd . JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. SFY 2013 Page 19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Bulletproof vests purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards. In addition, bulletproof vests purchased must be American -made. The latest NIJ standard information can be found at: www.nii.gov /topics /technology /body- armor /safety- initiative htm 68. BJA or FDLE Sponsored Events The subgrant recipient agrees to participate in BJA- or FDLE- sponsored training events, technical assistance events, or conference held by FDLE or BJA or their designees, upon FDLE's or BJA's request. 69. Expenses Related to Conferences, Meetings, Trainings, and Other Events The subgrant recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and /or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is available at www.oip.gov /funding /confcost.htm SFY 2013 Page 20 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida j Department of Law Enforcement j Office of Criminal Justice Grants Signature: Typed Name and Title: Date: Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: City of Ocoee Signature: Typed Name and Title: S. Scott Vandergrift, Mayor Date: July 8 , 2013 Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing Agency: City of Ocoee Police Department Signature: Typed Name and Title: Charles J. Brown, Chief of Police Date: Application Ref # 2014 -JAGC -2151 Contract - JAGC -GRAN- - - Section #6 Page 1 of 1 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Insert Certifications and Authorizations here. Application Ref # 2014 -JAGC -2151 Contract - JAGC -GRAN- - - Section #7 Page 1 of 1 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) 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 a three -year period preceding this application (b) If any funds other than federal appropriated funds have been paid or will be had one or more public transactions (Federal, State, or local) paid to any person influencing or attempting to influence an officer or employee of terminated for cause or default; and any agency, a member of Congress, an officer or an employee of Congress, or an employee of a member of Congress in connection with this federal grant or B. Where the applicant is unable to certify to any of the statements in cooperative agreement, the undersigned shall complete and submit Standard this certification, he or she shall attach an explanation to this Form - LLL, "Disclosure of Lobbying Activities ", in accordance with its instructions; application. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, 3. DRUG -FREE WORKPLACE contracts under grants and cooperative agreements, and subcontracts) and that all (GRANTEES OTHER THAN INDIVIDUALS) subrecipients shall certify and disclose accordingly. As required by the Drug -Free Workplace Act of 1988, and 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F, for grantees, as defined 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 Ocoee Police Department, 646 Ocoee Commerce Parkway, Ocoee, FL 34761 2. Project Name: Ocoee Police Department IA Software Upgrade 3. Typed Name and Title of Authorized Representative: Charles J. Brown, Chief of Police 4. Signature: 5. Date: July 8, 2013 FDLE JAG Grant Application Package Lobbying, Debarment, Suspension, and Drug -Free Workplace Certification Page 2 mks*\Z/� 000eE' fIorida Mayor S. Scott Vandergrift Commissioners John Grogan District 1 Rosemary Wilsen District 2 Rusty Johnson District 3 Joel F. Keller District 4 City Manager Robert D. Frank Police Chief Charles J. Brown July 11, 2013 Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32302 Dear Mr. Wilder: In compliance with State of Florida Rule 11 D -9, F.A.C., the City of Ocoee approves the distribution of $347,458 of Federal Fiscal Year 2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Grant Program regular funds for the following projects within Orange County: Subgranteellmplementing Title of Project Apopka Police Department Belle Isle Police Department Eatonville Police Department Edgewood Police Department Maitland Police Department Oakland Police Department Ocoee Police Department Orange County Sheriff's Office .. 11 1. Orlando Police Department Windermere Police Department Winter Garden Police Department Winter Park Police Department Federal Dollar Amount Deadly Force & Less Lethal Training $12,613 Field Criminal Investigation Project 4,500 Security Software 4,500 Laptop Upgrade 4,500 Public Education and Crime Prevention Program 4,776 13 -14 Department Ops 4,500 IA Software Upgrade 10,787 Senior Crime Prevention Project 50,000 Advanced Ordnance Recognition 25,000 Underwater Search & Rescue Project 82,389 Aero Computer Project 52,475 In -Car Cameras 67,992 Cameras for Patrol Officers 4,500 Police Explorer Communication Equipment 10,481 Social Media Initiative 8,445 $347,458 Sincerely, S. Scott Vandergrift Mayor City of Ocoee Police Department • 646 Ocoee Commerce Parkway • Ocoee, Florida 34761 Phone: (407) 905 -3160 • Fax: (407) 905 -3164 • www.ocoee.org