Item 04 Approval of the Identity Theft and Fraud Grant t �
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: February 15, 2022
Item # �f
Reviewed By: SG � ^ '�',
Contact Name: Captain Scott Nylander Department Director: Chief Saima PI is
Contact Number:. 407-554-7104 City Manager: : Rob Frank
I Subject: Identify Theft and Fraud Grant
Background Summary:
The State of Florida Office of Criminal Justice Grants, Florida Department of Law Enforcement, awarded the Police
Department an Identity Theft and Fraud Grant to provide funding to support the investigation and enforcement of personal
identification theft and fraud. The grant is in the amount of$8,500:to enhance the investigative skills of our investigators
and allow them to dedicate time to specifically investigate fraud cases. The acceptance of the Identify Theft and Fraud
Grant requires the execution of an Agreement between the Florida Department of Law Enforcement and Ocoee Police
Department.
Issue:
Should the Honorable Mayor and the Board of City Commissioners authorize the acceptance of the Identity Theft and
Fraud Grant, execution of the Agreement, and expenditure of the funding for the Department to attend advanced training
classes related to fraudulent crimes for officers and investigators and/or to fund overtime activities for fraud investigations
in the FY 2022 fiscal year.
Recommendations:
Staff respectfully recommends that the Honorable Mayor and Board of City Commissioners authorize the acceptance of
the Identity Theft and Fraud Grant, execution of the Agreement, and expenditure of the funding for the Department to
attend advanced training classes related to fraudulent crimes for officers and investigators and/or to fund overtime
activities for fraud investigations in the FY 2022 fiscal year.
Attachments:
Agreement between the State of Florida Office of Criminal Justice Grants, Florida Depactunent of Law Enforcement and
Ocoee Police Department.
Financial Impact:
The Identity Theft and Fraud Grant will award the Department$8,500 to enhance the investigative skill of our investigator
and to dedicate investigative time specifically to personal identification theft and fraud cases.
Type of Item: (please mark with an "x')
Public Hearing For.Clerk's Dept.Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading I Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Robin Drage (02/07/2022) N/A
Reviewed by Finance Dept. Rebecca Roberts (02/07/2022) N/A
Reviewed by N/A
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
GRANT AWARD
Recipient: Ocoee Police Department
FLAIR Vendor ID: 596019764
Grant Period: 01/01/2022—09/30/2022
Project Title: FY2021-2022 Identity Theft and Fraud Grant
Grant Number: 8F012
Awarded Funds: $8,500
•
CSFA Catalog Number: 71.042
This agreement is entered into by and between the Department of Law Enforcement(herein referred to as
"FDLE"or"Department") and Ocoee Police Department(herein referred to as"Recipient); and
WHEREAS, the Recipient represents that it is fully qualified, possesses the requisite skills, knowledge,
qualifications and experience to carry out the state project identified herein, and does offer to perform such
services, and
WHEREAS, the Department has authority pursuant to Florida law and, specifically pursuant to Section
943.0412, Florida Statutes, to provide funding for the Recipient to support the investigation and
enforcement of personal identification information theft and fraud.
NOW THEREFORE, in consideration of the foregoing, the parties agree as follows:
This award is subject to the special conditions outlined in Appendix A.
Scope of'Work
The objective of this project is: Ocoee Police Department intends to use funds from this project to send its
members to advanced fraud training classes and fund overtime costs for fraud investigations for agency
members.
The Recipient will be responsible for the following tasks and activities:
• Attending advanced training classes related to fraudulent crimes for officers and investigators,
and/or
• Conducting overtime activities for fraud investigations.
Project Deliverables'
Total payments for all deliverables in Appendix B will not exceed the maximum grant award amount of
$8,500.
fpPerformance Reports
The Recipient shall provide monthly Performance Reports to the Department attesting to the progress
towards deliverables and to validate the required minimum acceptable level of service performed.
Performance Reports are due 15 days after the end of each reporting period. For example: If the monthly
reporting period is July 1-31, the Performance Report is due August 15tn
The Recipient shall respond to the metrics in the monthly performance reports submitted through the
electronic grant management system. Information provided by the Recipient will be used by the Department
to process payments, verify deliverables, and to compile reports on project progress to the Legislature and
Executive Office of the Governor.
Performance Reports within the system may require the following information:
1. A narrative describing the activities and accomplishments achieved during the reporting period.
2. Provide a summary report of activities completed and a status addressing the deliverables in the
scope of work.
3. Describe any progress or barriers encountered related to achieving those goals during the reporting
period and how these obstacles will impact the successful completion of the project.
4. Describe the return on investment or benefits of this program for the organization and/or the
community.
Supporting documentation for performance must be maintained by Recipient and made available upon
request for monitoring purposes. Examples of supporting documentation include but are not limited to
timesheets, activity reports, meeting notices, delivery documents, public announcements, rosters,
presentations, database statistics, etc.
!Payment Requirements &Financial Claim Reports
The State of Florida's performance and obligation to pay under this agreement is contingent upon an
appropriation by the Legislature. The Department will administer and disburse funds under this agreement
in accordance with ss. 215.97, 215.971, 215.981 and 215.985, F.S.
This is a cost reimbursement agreement with the ability to advance. The Department will reimburse the
Recipient for allowable expenditures (Appendix C) which are incurred during each reporting period in
according to the terms and conditions and satisfactory performance of all terms by the Recipient. The
Recipient shall provide Claim Reports to the Department attesting to expenditures made during the
reporting period. These reports are due 30 days after the end of each reporting period. For example: If the
monthly reporting period is July 1-31, the Performance Report is due August 30tn.
Claim Reports shall validate the receipt of goods and services and verify the Recipient's compliance with
691-40.002, F.A.C. All expenditures for state financial assistance must comply with the Reference Guide
for State Expenditures published by the Florida Department of Financial Services. All Claim Reports must
be certified by the Recipient's chief financial official or financial designee and include a statement that costs
claimed are incurred in accordance with the agreement.
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Using the electronic grant management system, Claim Reports must clearly identify the dates of services,
a description of the specific contract deliverables provided during the reporting period,the quantity provided,
and the payment amount specified in the agreement. All Claim Reports are reviewed and may be audited
to the satisfaction of the Department. The Department's determination of.acceptable expenditures shall be
conclusive.
The final Claim Report shall be submitted to the Department no more than 30 days after the end date of
the grant. Any payment due under the terms of this agreement may be withheld until performance of
ervices, all reports due are received, and necessary adjustments have been approved by the Department..
The Recipient must maintain original supporting documentation for all funds expended and received under
this agreement in sufficient. detail for proper pre- and post-audit and to_verify work performed was in
accordance with the deliverable(s). Payment shall be contingent upon the Department's grant manager
receiving and . accepting the invoice and the associated supporting documentation. Supporting
documentation includes, but is not limited to: quotes, procurement documents, purchase orders, original
receipts, invoices, canceled checks or EFT records, bank statements, etc.The State Chief Financial Officer
(CFO) reserves the right to require further documentation on an as needed basis.
Failure to comply with these provisions shall result in forfeiture of reimbursement.
•
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Administration.
Changes to the following points of contact and chief officials below must be submitted to FDLE Office of
Criminal Justice Grants in writing.
jRecip ent Grant Manager
Name: Scott Nylander
Title: Captain
Address: 646 Ocoee Commerce Parkway
Ocoee, FL 34761
Phone: 407-554-7104
Email: snylander@ocoee.org
LRecipient Chief Official a
Name: Saima Plasencia
Title: Chief of Police
Address: 646 Ocoee Commerce Parkway
Ocoee, FL 34761
Phone: 407-905-3160
Email: splasencia@ocoee.org
IRecipientChief Financial Officer
Name: Rebecca Roberts
Title: Finance Director
Address: 150 North Lakeshore Drive
Ocoee,FL 34761
Phone: 407-905-3190
Email: rroberts@ci.ocoee.fl.us
[Florida Department of,Law Enforcement(FDLE):Grant Manager_
Name: Patty Stark
Title: Government Analyst II
Address: P.O. Box 1489
Tallahassee, FL 32302-1489
Phone: 850-617-1252
Email: patriciastark@fdle.state.fl.us
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Award Signatures
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 permitted.
Florida Department of Law Enforcement
Office of Criminal Justice Grants
Signature:
Typed Name and Title: Cody Menacof, Bureau Chief -
Date:
Recipient
Ocoee Police Department_
Signature: •
Typed Name and Title: Saima Plasencia, Chief of.Police
Date:
THIS CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY ALL PARTIES
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Fiscal Year 2021-2022 State Financial Assistance Standard Conditions
The following terms and conditions will be binding upon approval of the grant award and execution of the
contract by both the Recipient and the Florida Department of Law Enforcement. The Recipient will maintain
required registrations and certifications for eligibility under this program.
The Department and the Recipient agree that they do not contemplate the development, transfer or receipt
of intellectual property as a part of this agreement.
:SECTION I: PROJECT IMPLEMENTATION
Legal Authority:The Recipient certifies with respect to this agreement that it possesses the legal authority
to receive the funds to be provided under this agreement and that, if applicable, its governing body has
authorized, by resolution or otherwise, the execution and acceptance of this agreement with all covenants
and assurances contained herein.The Recipient also certifies that the undersigned possesses the authority
to legally execute and bind Recipient to the terms of this agreement.
Not Operational within 60 and 90 Days: If a project is not operational within 60 days of the original
start date of the award period, the Recipient must report by letter to the Department the steps taken to
initiate the project, the reasons for delay, and the expected start date. If a project is not operational within
90 days of the original start date of the award period, the Recipient must submit a second statement to
the Department explaining the implementation delay. Upon receipt of the 90-day letter, the Department
shall determine if the reason for delay is justified or shall, at its discretion, require additional project
documentation and justifications throughout the award period. The Department will also require the
Recipient provide a revised project timeline that includes all anticipated project activities, tasks, and
estimated completion date(s).
'SECTION II: PAYMENTS
Obligation to Pay: The State of Florida's obligation to pay under this agreement is contingent upon an
appropriation by the Legislature.
Overpayments:Any funds paid in excess of the amount to which the Recipient is entitled under the terms
and conditions of the agreement must be refunded to the Department. Any balance of unobligated cash
that has been paid and has not been authorized to be retained for direct program costs in a subsequent
period must be refunded to the Department.
Advance Funding:Advance funding may be provided to a subrecipient upon completion and submission
of a Cash Advance Request form to the Department. The request must be signed by the Chief Financial
Officer or the Chief Financial Officer designee. Advance funding should be requested only when the
Subrecipient has an imminent and specific need to expend project funds. Cash advances must be spent
on project costs within 30 days of receipt. Should extenuating circumstances arise which prevent the
expenditure of advance funds within 30 days of receipt, a written request to retain the funds must be
provided by the recipient and approved by the Department.An expenditure claim for advance funding must
be submitted to the Department within 45 days of advance funding receipt.
;SECTION III: PROJECT AND GRANT MANAGEMENT
Personnel Changes:The recipient must notify the FDLE grant manager of any change in the Chief Officials
or Project Director or any change in contact information, including mailing address, phone number, email,
or title change.
Obligation of Grant Funds: Grant funds shall not under any circumstances be obligated prior to the
effective date, or subsequent to the termination date, of the period of performance. Only project costs
incurred on or after the effective date, and on or prior to the termination date of the Recipient's project are
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eligible for reimbursement. All payments must be completed within thirty(30) days of the end of the grant
period of performance.
Financial Management: The Recipient must have a financial management system able to record and
report on the receipt, obligation; and expenditure.of grant funds. An adequate accounting system must be
able to separately track receipts, expenditures, assets, and liabilities for awards, programs, and
subrecipients. The Recipient shall maintain books, records, and documents (including electronic storage
media) in accordance with generally accepted accounting procedures and practices. 'Recipient must have
written procedures for procurement transactions.
Travel:.Cost for travel shall be reimbursed at the Recipient's travel rate, but the maximum reimbursement
for each type of travel cost shall not exceed rates established in State of Florida Travel Guidelines,
§112.061,F.S. .
Subcontracts: Recipient agrees that all employees, subcontractors, or agents performing work under the
agreement shall be properly trained individuals who meet or exceed any specified training qualifications.
Recipient agrees to be responsible for all work performance and all expenses incurred in fulfilling the
obligations of this agreement, and will not assign the responsibility for this agreement to another party. If
the Recipient subcontracts any or all of the work required under this agreement,the Recipient must provide
a completed DFS-A2-NS (Recipient-Subrecipient vs. Vendor Determination) form and a copy of the
executed subcontract within thirty (30) days after execution of the subcontract. The Recipient agrees to
include in the subcontract that (i) the subcontractor is bound by all applicable state and federal laws and
regulations, and(ii)the subcontractor shall hold the Department and Recipient harmless against all claims
of whatever nature arising out of the subcontractor's performance of work under this agreement, to the
extent allowed and required by law.
Grant Adjustments: Recipients must submit a Request for Grant Adjustment to the FDLE grant manager
for substantive changes such as: scope modifications; changes to project activities, target populations,
service providers, implementation schedules, project director, designs or research plans set forth in the
approved agreement, and for any budget changes affecting a cost category that was not included in the
original budget. 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.Adjustments
are required when there will be a transfer of 10% or more of the total budget between budget categories.
Under no circumstances can transfers of funds increase the total award. Requests for changes to the grant
agreement must be signed by the Recipient or Implementing Agency's chief official or the chief official's
designee.All requests for changes must be submitted no later than thirty(30) days prior to grant expiration
date.
Property Management: The Recipient shall establish and administer a system to protect, preserve, use,
maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this
agreement.
LSECTION IV:MANDATORY DISCLOSURES
Conflict of Interest: The Recipient 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. Recipients must disclose in writing any potential conflict of interest to the
Department.
Violations of Criminal Law: The Recipient must disclose all violations of state or federal criminal law
involving fraud, bribery or gratuity violations potentially affecting the grant award.
Convicted Vendors: The Recipient shall disclose to the Department if it, or any of its affiliates, as defined
in §287.133(1)(a) F.S., is on the convicted vendor list.A person or affiliate placed on the convicted vendor
list following a conviction for a public entity crime is prohibited from doing any activities listed in the
agreement for a period of thirty-six(36) months from the date of being placed on the convicted vendor list.
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Vendors on Scrutinized Companies Lists: If this agreement is in the amount of $1 million or more,
Recipient certifies upon executing this agreement, that it is not listed on either the Scrutinized Companies
with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List, created pursuant to§215.473, F.S., or engaged in business operations in Cuba or Syria. In the
event that federal law ceases to authorize the states to adopt and enforce the contracting prohibition
identified herein, this provision shall be null and void.
Discriminatory Vendors: The Recipient shall disclose to the Department if it or any of its affiliates, as
defined by§287.134(1)(a), F.S. appears on the discriminatory vendors list. An entity or affiliate placed on
the discriminatory vendor list pursuant to §287.134, F.S. may not a) submit a bid, proposal, or reply on a
contract or agreement to provide any goods or services to a public entity; b)submit a bid, proposal, or reply
on a contract or agreement with a public entity for the construction or repair of a public building or public
work; c) submit bids, proposals, or replies on leases of real property to a public entity; d) be awarded or
perform work as a contractor, subcontractor, Recipient, supplier, subrecipient, or consultant under a
contract or agreement with any public entity; or e)transact business with any public entity.
Reporting Potential Fraud,Waste, Abuse, and Similar Misconduct: The Recipient must promptly refer
to the Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a
principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a claim for
grant funds that violates 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.
Non-Disclosure Agreements: Restrictions and certifications regarding non-disclosure agreements
and related matters Recipients or contracts/subcontracts under this award may not require any employee
or contractor to sign an internal confidentiality agreement or statement that prohibits, restricts or purports
to prohibit or restrict, the reporting of waste, fraud or abuse in accordance with law, to an investigative or
law enforcement representative of a state or federal department or agency authorized to receive such
information. The Recipient certifies that if informed or notified of any subrecipient, or
contractor/subcontractor has been requiring their employees to execute agreements or statements that
prohibit the reporting of fraud, waste, or abuse that it will immediately cease all further obligations of award
funds to the entity and will immediately notify the Department. The Recipient will not resume obligations
until expressively authorized to do so from the Department.
ECTION V. COMPLIANCE WITH STATUTES, RULES,.AND REGULATIONS .
In performing its obligations under this agreement, the Recipient shall without exception be aware of and
comply with all State and Federal laws, rules and regulations relating to its performance under this
agreement as they may be enacted or amended from time-to-time, as well as any court or administrative
order,judgment, settlement or compliance agreement involving the Department which by its nature affects
the services provided under this agreement. The following are examples of rules and regulations that
govern Recipient's performance under this agreement.
Lobbying Prohibited: The Recipient shall comply with the provisions of 11.062 and 216.347, F.S., which
prohibit the expenditure of funds for the purpose of lobbying the Legislature, judicial branch, or a State
agency. No funds or other resources received from the Department in connection with this agreement may
be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or
any state agency.
State of Florida E.O. 20-44: Public-Private Partnerships: Any entity named in statute with which the
agency must form a sole-source, public-private agreement; and any nongovernmental Recipient receiving
50%or more of their annual budget from any combination of state or federal funding must submit an annual
report to the Office of Criminal Justice Grants. The report must include the most recent IRS Form 990,
detailing the total compensation for the entities' executive leadership teams. Total compensation shall
include salary, bonuses, cashed-in leave, cash equivalents, severance pay, retirement benefits, deferred
compensation, real-property gifts, and any other payout. In addition, the Recipient must agree through
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appropriate contract or grant agreement amendment to inform the agency of any changes in total executive
compensation between the annual reports. All compensation reports must indicate what percent of
compensation comes directly from the State or Federal allocations to the Recipient.
Civil Rights: The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-
336, 42 U.S.C. Section. 12101 et seq.) and shall not discriminate against any employee (or applicant for
employment) in the performance of this agreement because of race, color, religion, sex, national origin,
disability, age, or marital status. These requirements shall apply to all contractors, subcontractors,
subgrantees or others with whom it arranges to provide services or benefits to clients or employees in
connection with its programs and activities.
E-Verify: The Department shall consider the employment by any contractor of unauthorized aliens a
violation of section 274(e) of the Immigration and Nationalization Act. Such violation shall be cause for
unilateral cancellation of this contract. Pursuant to F.S. 448.095, the Contracting Party and any
subcontractors are required to register with and use the E-Verify system operated by.the U.S. Department
of Homeland Security beginning on January 1, 2021.:The Contracting Party and any subcontractors are
prohibited from entering into contracts with one another unless all parties register and use the E-Verify
system. Subcontractors-who enter into contracts with the Contracting Party are required to provide a
certification that the subcontractor does not employ or use unauthorized aliens as defined in the statute, a
copy of which the Contracting Party must maintain. The Contracting Party and any subcontractors are.
required to terminate a contract if a party has a good faith belief that another party is in violation of F.S.
448.09(1), prohibiting the employment of unauthorized aliens. If a public employer has a good faith belief
that the subcontractor has violated these requirements, but that the Contracting Party has otherwise
complied, the public employer must notify the Contracting Party to terminate its contract with the
subcontractor. A party may challenge a contract termination in accordance with these requirements. A
penalized Contractor is prohibited from obtaining another contract with a public employer for at least one
year.
Background Check: Whenever a background screening for employment or a background security check
is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435 F.S.,
shall apply. 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 record checks through the Florida Department of Law Enforcement, and
federal criminal record checks through the Federal Bureau of Investigation, and may include local criminal
record checks through local law enforcement agencies.
Public Records: As required by 287.058(1)(c), F.S., the Recipient shall allow public access to all
documents, papers, letters, or other public records as defined in 119.011(12), F.S.as prescribed by
119.07(1)F.S., made or received by the Recipient in conjunction with this agreement,except public records
which are made confidential by law must be protected from disclosure. It is expressly understood that the
Recipient's failure to comply with this provision shall constitute an immediate breach of contract, for which
the Department may unilaterally terminate this agreement.
Independent Contractor, Subcontracting and Assignments: In performing its obligations under this
agreement, the Recipient shall at all times be acting in the capacity of an independent contractor and not
as an officer, employee, or agent of the State of Florida. Neither the Recipient nor any of its agents,
employees, subcontractors or assignees shall represent to others that it is an agent of or has the authority
to bind the Department by virtue of this agreement, unless specifically authorized in writing to do so.
Timely Payment of Subcontractors: To the extent that a subcontract provides for payment after
Recipient's receipt of payment from the Department, the Recipient shall make payments to any
subcontractor within 7 working days after receipt of full or partial payments from the Department in
accordance with §287.0585, F.S., unless otherwise stated.in the agreement between the Recipient and
subcontractor. Failure to pay within seven (7) working days will result in a penalty that shall be charged
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against the Recipient and paid by the Recipient to the subcontractor in the amount of one-half of one percent
(.005) of the amount due per day from the expiration of the period allowed for payment. Such penalty shall
be in addition to actual payments owed and shall not exceed fifteen (15%) percent of the outstanding
balance due.
Notice of Legal Actions: The Recipient shall notify the Department of potential or actual legal actions
taken against the Recipient related to services provided through this agreement or that may impact the
Recipient's ability to complete the deliverables outlined herein, or that may adversely impact the
Department. The Department's Grant Manager will be notified within 10 days of Recipient becoming aware
of such actions or potential actions or from the day of the legal filing, whichever comes first.
Property: In accordance with 287.05805, F.S„ any State funds provided for the purchase of or
improvements to real property are contingent upon the Recipient granting to the State a security interest in
the property at least to the amount of the State funds provided for at least five (5) years from the date of
purchase or the completion of the improvements or as further required by law.
!SECTION VI: RECORDS,AUDITS,AND INFORMATION SECURITY
Records Retention: Retention of all financial records, supporting documents, statistical records, and any
other documents (including electronic storage media) pertinent to this agreement shall be maintained by
the Recipient during the term of this agreement and retained for a period of five (5) years after completion
of the agreement or longer when required by law. In the event an audit is required under this agreement,
records shall be retained for a minimum period of five years after the audit report is issued or until resolution
of any audit findings or litigation based on the terms of this agreement, at no additional cost to the
Department. Upon demand, at no additional cost to the Department, the Recipient will facilitate the
duplication and transfer of any records or documents during the term of this agreement and the required
five (5) year retention period. No record may be withheld, nor may the Recipient attempt to limit the scope
of any of the foregoing inspections, reviews, copying,transfers or audits based on any claim that any record
is exempt from public inspection or is confidential, proprietary or trade secret in nature; provided, however,
that this provision does not limit any exemption to public inspection or copying to any such record. These
records shall be made available at all reasonable times for inspection, review, copying, or audit by State,
or other personnel duly authorized by the Department.
Records Inspection: Pursuant to Section 216.1366, F.S., in order to preserve the interest of the state in
the prudent expenditure of state funds, the Department shall be authorized to inspect the (a) Financial
records , papers, and documents of the Contractor that are directly related to the performance of the
Contract or the expenditure of state funds, and (b) Programmatic records, papers, and documents of the
Contractor which the Department determines are necessary to monitor the performance of the Contract or
to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers,
and documents requested by the Department within ten (10) business days after the request is made.
Monitoring:The Recipient agrees to comply with the Department's grant monitoring guidelines, protocols,
and procedures; and to cooperate with the Department on all grant monitoring requests, including requests
related to desk reviews, enhanced programmatic desk reviews, site visits, and/or Florida Department of
Financial Services contract reviews and Expanded Audits of Payment (EAP). The Recipient agrees to
provide the Department all documentation necessary to complete monitoring of the award and verify
expenditures in accordance with 215.971, F.S. Further, the Recipient agrees to abide by reasonable
deadlines set by the Department for providing requested documents. Failure to cooperate with grant
monitoring activities may result in sanctions affecting the Recipient's award, including, but not limited to:
withholding and/or other restrictions on the Recipient's access to funds, and/or referral to the Office of the
Inspector General for audit review.
Florida Single Audit Act (FSAA): The Recipient shall comply and cooperate immediately with any
inspections, reviews, investigations, or audits deemed necessary by The Office of the Inspector General
(§20.055, F.S.). In the event that the Recipient expends a total amount of state financial assistance equal
to or in excess of$750,000 in any fiscal year, the Recipient must have a single audit or project-specific
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audit in accordance with §215.97, F.S. and the applicable rules of the Department of Financial Services
and the Auditor General. In determining the state financial assistance expended in its fiscal year, the
Recipient shall consider all sources of state financial assistance, including state financial assistance
received from the Department of Law Enforcement, other state agencies,and other non-state entities.State
financial assistance does not include Federal direct or pass-through awards and resources received by a
non-state entity for Federal program matching requirements. The schedule of expenditures should disclose
the expenditures by contract/agreement number for each contract with the Department in effect during the
audit period. All questioned costs and liabilities due the Department shall be fully disclosed in the audit
report package with reference to the specific contract number. If the Recipient expends less than$750,000
in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of
215.97, F.S., is not required. In the event that the Recipient expends less than $750,000 in state financial
assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of
215.97, F.S.,the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such
an audit must be paid from the Recipient's resources obtained from other than State entities). Pursuant to
215.97(8), F.S.; state agencies may conduct or arrange for audits of state financial assistance that are in
addition to audits conducted in accordance with§215.97, F.S. In such an event,the state awarding agency
must arrange for funding the full cost of such additional audits. Any reports, management letters, or other
information required to be submitted to the Department pursuant to this agreement shall be submitted within
nine(9)months after the end of the Recipient's fiscal year or within 30 days of the Recipient's receipt of the
audit report, whichever occurs first, unless otherwise required by Florida Statutes. Copies of financial
reporting packages required by of this agreement shall be submitted by or on n behalf of the Recipient directly
to each of the following:
The Department of Law Enforcement:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
ATTN: State Financial Assistance
Post Office Box 1489 Tallahassee, Florida 32302-1489
The Auditor General's Office at:
Auditor General's Office, Room 401
Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
Criminal Justice Information Data Security: Acceptance of this award, constitutes understanding that
transmission of Criminal Justice Information (CJI) between locations must be encrypted to conform to the
Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy.
Recipient's Confidential and Exempt Information: By executing this agreement, the Recipient
acknowledges that any information not marked as "confidential" or "exempt" will be posted by the
Department on the public website maintained by the Department of Financial Services pursuant to 215.985,
F.S. The Recipient agrees that, upon written request of the Department, it shall promptly provide to the
Department a written statement of the basis for the exemption applicable to each provision identified by the
Recipient as"confidential" or"exempt", including the statutory citation to an exemption created or afforded
by statute, and state with particularity the reasons for the conclusion that the provision is-exempt or
confidential.Any claim by Recipient of trade secret(proprietary)confidentiality for any information contained
in Recipient's documents (reports, deliverables or work papers, etc., in paper or electronic form)submitted
to the Department in connection with this agreement cannot be waived, unless the claimed confidential
information is submitted in accordance with the following two paragraphs.
The Recipient must clearly label any portion of the documents, data, or records submitted that it
considers exempt from public inspection or disclosure pursuant to Florida's Public Records Law as
trade secret. The labeling will include a justification citing specific statutes and facts that authorize
exemption of the information from public disclosure. If different exemptions are claimed to be
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applicable to different portions of the protected information, the Recipient shall include information
correlating the nature of the claims to the particular protected information.
The Department, when required to comply with a public records request including documents
submitted by the Recipient, may require the Recipient to expeditiously submit redacted copies of
documents marked as trade secret in accordance with this section.Accompanying the submission
shall be an updated version of the justification,correlated specifically to redacted information, either
confirming that the statutory and factual basis originally asserted remain unchanged or indicating
any changes affecting the basis for the asserted exemption from public inspection or disclosure.
The redacted copy must exclude or obliterate only those exact portions that are claimed to be trade
secret. If the Recipient fails to promptly submit a redacted copy, the Department is authorized to
produce the records sought without any redaction of proprietary or trade secret information.
:SECTION VII PENALTIES, TERMINATION, DISPUTE RESOLUTION,AND LIABILITY
Financial Penalties for Failure to Take Corrective Action: Corrective action plans may be required for
noncompliance, nonperformance, or unacceptable performance under this agreement. Penalties may be
imposed for failures to implement or to make acceptable progress on such corrective action plans.
Termination: The Department reserves the right to unilaterally cancel this agreement for refusal by the
Recipient to allow public access to all documents, papers, letters or other material subject to the provisions
of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this agreement,
unless the records are exempt pursuant to Article I. Section 24(a), of the Florida Constitution and
§119.07(1), F.S. The Department shall be the final authority as to the appropriation, availability and
adequacy of funds. In the event the Recipient fails to fully comply with the terms and conditions of this
agreement, the Department may terminate the agreement upon written notice. Such notice may be issued
without providing an opportunity for cure if it specifies the nature of the noncompliance and states that
provision for cure would adversely affect the interests of the State or is not permitted by law or regulation.
Otherwise, notice of termination will be issued after the Recipient's failure to fully cure such noncompliance
within the time specified in a written notice of noncompliance issued by the Department specifying the
nature of the noncompliance and the actions required to cure such noncompliance. In addition, the
Department may employ the default provisions in Rule 60A-1.006(3), F.A.C., but is not required to do so in
order to terminate the agreement.The Department's failure to demand performance of any provision of this
agreement shall not be deemed a waiver of such performance.The Department's waiver of any one breach
of any provision of this agreement shall not be deemed to be a waiver of any other breach and neither event
shall be construed to be a modification of the terms and conditions of this agreement.The provisions herein
do not limit the Department's right to remedies at law or in equity. The validity of this agreement is subject
to the truth and accuracy of all the information, representations, and materials submitted or provided by the
Recipient in this agreement, in any subsequent submission or response to Department request, or in any
submission or response to fulfill the requirements of this agreement, and such information, representations,
and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall,
at the option of the Department and with thirty (30) days written notice to the Recipient, cause the
termination of this agreement and the release of the Department from all its obligations to the Recipient.
This agreement shall be construed under the laws of the State of Florida, and venue for any actions arising
out of this agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute
or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of
such conflict,and shall be deemed severable, but shall not invalidate any other provision of this agreement.
No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict
performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the
Department hereunder, or affect the subsequent exercise of the same right or remedy by the Department
for any further or subsequent default by the Recipient.Any power of approval or disapproval granted to the
Department under the terms of this agreement shall survive the terms and life of this agreement as a whole.
The agreement may be executed in any number of counterparts, any one of which may be taken as an
original. In the event of termination,the Recipient will be compensated for any work satisfactorily completed
through the date of termination or an earlier date of suspension of work.
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Disputes and Appeals: 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 Recipient shall proceed diligently with the performance_of this agreement
according to the Department's decision. If the 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
Recipient's right to appeal the Department's decision is contained in Chapter 120, F.S., and in procedures
set forth in Fla.Admin. Code R.28-106.104. Failure to appeal within this time frame constitutes a waiver of
proceedings under-Chapter 120, F.S. After receipt of a petition for alternative dispute resolution the
Department and the Recipient shall attempt to amicably resolve the dispute through negotiations. Timely
delivery of a petition for alternative dispute resolution and completion of the negotiation process shall be a
condition precedent to any legal action by the Recipient concerning this agreement.
Liability: Unless the Recipient is a state agency or subdivision, the Recipient shall be solely responsible
to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department
harmless against all claims of whatever nature by third parties arising out of the performance of work under
this agreement. For purposes of this agreement, Recipient agrees that it is not an employee or agent of the
Department, but is an independent contractor. Nothing herein shall be construed as consent by a state
agency of the State of Florida to be sued by third parties in any matter arising out of any contract. Nothing
shall be construed affect in any way the Recipient rights, privileges, and immunities under the doctrine of
"sovereign immunity" and as set forth in 768.28, F.S.
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Appendix A: Special Conditions
Grant Number: 8F012
Recipient: Ocoee Police Department
Project Title: FY2021-22 Identity Theft Program - Ocoee
Project Period: 01/01/2022-09/30/2022
In addition to the attached standard conditions, the above-referenced grant project is subject to the special
conditions set forth below.
S0001 The intent of this program is to increase investigation and enforcement efforts.
Community education and awareness related expenses are not allowable under this
award.
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Ap ndix B Project Deliverables
Grant Number: •8F012
Recipient: Ocoee Police Department
Project Title: FY2021-22 Identity Theft Program -Ocoee
Project Period: . 01/01/2022-09/30/2022
Total payments for all deliverables will not exceed the maximum grant award amount.
Recipient will use grant funds to pay overtime salaries and benefits costs f
Deliverable 1 for sworn officers and detectives conducting identity theft and/or fraud
investigations.
Minimum Performance Criteria: Minimum performance will be the attestation of work activities in submitted
claim reports.
Financial Consequences: Only those costs for activities related to the purpose of this funding will be
eligible for reimbursement.
Deliverable Price: Total payments for this deliverable will be approximately $4,243.00.
Recipient will use federal grant funds to pay expenses for sworn officers
Deliverable 2 and deputies to attend identity theft and/or fraud related training..
Minimum Performance Criteria: Completion of identity theft and/or fraud related training described in the
scope of work as attested on the expenditure report.
Only those costs for activities related to the purpose of this funding will be
Financial Consequences: eligible for reimbursement. Reimbursement for travel expenses will not
exceed the rates established in the State of Florida Travel Guidelines,
§112.06, Florida Statutes.
'Deliverable Price: � Total payments for this deliverable will be approximately $4,257.00. —�
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Appendix-C -Budget Details
Grant Number: 8F012
Recipient: Ocoee Police Department
Project Title: FY 2021 —2022 Identity Theft and Fraud Program
Project Period: 01/01/2022-09/30/2022
Budget Category ; Total
A. Personnel (Salary/Overtime) $2,650.00
B. Fringe Benefits $1,593.00
C Travel _ $3,557.00
D. Equipment(OCO) $0.00
E. Supplies $0.00
F. Consultants/Contracts $0.00
G. Other Costs $700.00
TOTAL s $8,500.00
:A_ Personnel (Salaries &Overtime) _$2,650
Overtime rate for approximately 2 employees @ approximately$50.00/hr. x 53 hours=$2,650
13. Fringe Benefits=$1,593
Approximately $30 per hour to cover the following benefits depending on employee's election of
annual benefits: Health care, HRA, Claims, COBRA, HCC, dental, vision, VEBA, life insurance,
LTD, STD, retirement, FICA, Medicare,Worker's Compensation.
Travel =$3,557 •
Funds will be used to pay travel costs for the Keystone Konnection (IAFCI training) as well as the
International Association of Financial Crimes Investigators (IAFCI) Conference. All costs below are
estimates at the time of application; actual costs at the time of travel will vary. All travel costs will be
reimbursed in accordance with State of Florida Travel Guidelines, §112.061, F.S.
Keystone Konnection 2022—IAFCI Champion, PA 05/09/22—05/11/22
Hotel—1 room for 3 nights @$149 a night=$447 (does not include taxes and fees)
Roundtrip air fare for 1 employee from Orlando to PA= $278
Baggage$60 roundtrip for 1 employee=$60
Airport parking 3 days @$12 a day=$36
1 Rental car for 4 days=$287
Per Diem for 1 employee @$36 a day for 3 days =$108
Per Diem (last day of travel) 1 employee=$80
Total= $1296
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IAFCI Annual Training Conference—Harbor, MD 08/29/22—09/02/22
Hotel—1 room for 5 nights @$179 a night=$895 (does not include taxes and fees)
Roundtrip air fare for 1 employee from Orlando to Washington D.C. =$490
Baggage: $60 roundtrip for 1 employee=$60
Airport parking 5 days @ $12•a day=$60
1 Rental car for 6 days= $316
Parking fee$30 a day-for 6 days =$180
Per Diem for 1 employee @$36 a day for 5 days=$180
Per Diem (last day of travel) 1 employee=$80
Total=$2,261
E.-Other Costs=$700
Registration for Keystone Konnection for 1 employee=$175
Registration for IAFCI Annual Training Conference for 1 employee=$525
Total=$700
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