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Home My WebLink About2010-JAGD-INRI-4-4Y-067State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATION OF ACCEPTANCE /REQUEST FOR PAYMENT The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2010 JAGD INRI -4 -4Y -067, in the amount of 5,834.00, for a project entitled, LAW ENFORCEMENT TECHNOLOGY NEEDS; UPGRADE OF RECORDS MANAGEMENT SYSTEM, for the period of 04/01/2010 through 09/30/2010, in accordance with the Budget and Budget Narrative contained in the subgrant application, and subject to the Florida Department of Law Enforcement Conditions of Agreement and any special conditions governing this subgrant. By execution of this Certification of Acceptance /Request for Payment, the subgrantee requests a lump sum payment of the subgrant. Signature of Subgrantee's Authorize Richard Gillmor, Mayor Typed Name and Title of Official April 15, 2010 Date of Acceptance City of Sebastian Name of Subgrantee ATTF{ST Sally A. aio, MMC -City Clerk Rule Reference 11 D -9.006 OCJG -012 (rev. October 2005) FILE Florida Department of Law Enforcement Gerald M. Bailey Commissioner MAR 2 8 The Honorable Richard Gillmor Mayor City of Sebastian 1225 Main Steet Sebastian, FL 32958 -4165 Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302 -1489 (850) 617 -1250 www.fdle.state.fl.us Re: Contract No. 201 0- JAGD -I N RI -4 -4Y -067 Dear Mayor Gillmor: Committed to Service Integrity Respect Quality Charlie Grist, Governor Bill McCollum, Attorney General Alex Sink, Chief Financial Officer Charles H. Bronson, Commissioner of Agriculture The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of 5,834.00 for the project entitled, LAW ENFORCEMENT TECHNOLOGY NEEDS; UPGRADE OF RECORDS MANAGEMENT SYSTEM. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance /Request for Payment should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the lump sum payment/subgrant award. The Honorable Richard Gillmor Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at 850/617 -1250. Sincerely, gg y o iledr Administrator CHW /JP /jj Enclosures State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: City of Sebastian Date of Award: .3- i c) Grant Period: From: 04/01/2010 TO: 09/30/2010 Project Title: LAW ENFORCEMENT TECHNOLOGY NEEDS; UPGRADE OF RECORDS MANAGEMENT SYSTEM Grant Number: 2010- JAGD- INRI -4 -4Y -067 Federal Funds: 5,834.00 State Agency Match: Local Agency Match: 0.00 Total Project Cost: 5,834.00 State Purpose Area: E Equipment Supplies Purchase Equipment /Supplies CFDA No.: 16.738 The Omnibus FY 1996 Appropriations Act, (Public Law 104 -134), authorizes the Director of the Bureau of Justice Assistance (BJA) to make funds available to units of local government under the Local Law Enforcement Block Grants Program, or Block Grants, for the purposes of reducing crime and improving public safety. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D, Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars A -110 or A102, as applicable, and A -21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90 -351, as amended, and P.L. 100 -690. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certification of Acceptance /Request for Payment is returned to the department. Authorize Official Clayton H. Wilder Administrator Date /U This award is subject to special conditions (attached). Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Addendum To Standard Conditions For Subgrant Recipients receiving Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds under Federal Grant No. 2009 -DJ -BX -1077, the following additional conditions apply: 1. 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. 2. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (internet- based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. This training will address 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 will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). Subgrant Recipient Organization Name: City of Sebastian County: Indian River Application Ref Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant Direct Chief Official Name: Richard Gillmor Title: Mayor Address: 1225 Main Steet City: Sebastian State: FL Zip: 32958 -4165 Phone: 772 633 -5044 Ext: Fax: 772 589 -5570 Email: rgillmor @cityofsebastian.org Chief Financial Officer Name: Ken Killgore Title: Finance Director Address: 1225 Main Street City: Sebastian State: FL Zip: 32958 Phone: 772 388 -8205 Ext: Fax: 772 589 -5570 Email: kkillgore @cityofsebastian.org 2010 -JAGD -929 Section #1 Page 1 of 2 Contract 2010 JAGD- INRI -4 -4Y -067 Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005) Implementing Agency Organization Name: City of Sebastian Police Department County: Indian River Chief Official Name: Michelle Morris Title: Chief of Police Address: 1201 Main Street City: Sebastian State: FL Zip: 32958 Phone: 772- 388 -9750 Ext: Fax: 772- 388 -1872 Email: mmoris @cityofsebastian.org Project Director Name: Debra Krueger Title: Assistant Finance Director Project Administrator Address: 1225 Main Street City: Sebastian State: FL Zip: 32958 Phone: 772 388 -8204 Ext: Fax: 772 388 -8249 Email: dkrueger @cityofsebastian.org Application Ref Contract Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant Direct Rule Reference 11D -9.006 OCJG -005 (rev. April 2005) 2010 -JAGD -929 Section #1 Page 2 of 2 201 0 -JAG D -I N R I -4 -4Y -067 General Project Information LAW ENFORCEMENT TECHNOLOGY NEEDS; UPGRADE OF RECORDS MANAGEMENT SYSTEM Subgrant Recipient: City of Sebastian Implementing Agency: City of Sebastian Police Department Project Start Date: 4/1/2010 End Date: 9/30/2010 Problem Identification The Sebastian Police Department is limited on the number of laptop computers with the ability to access our records management system. There is a need to purchase 4 more licenses and update all current mobile reporting systems. Implementation will give all on duty officers access to the necessary data and will enhance capabilities. Current budgetary restraints prevent us from obtaining the necessary licenses and upgrades. The Sebastian Police Department has mobile video recording systems in all patrol vehicles. Our current video storage server is incapable of handling the amount of data downloaded and must be reviewed and purged daily. The purchase of the DVR System disk burner will allow the server to self purge reducing the man hours required to maintain the system. Current budgetary restraints prevent us from purchasing the needed equipment. Project Title: Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant Direct Project Summary Purchase (4) software licenses and upgrades to allow more police officers access to the records management system. The DVR system will automatically store the video data and free up our current overloaded server. Application Ref 2010 -JAGD -929 Section #2 Page 1 of 2 Contract 2010 JAGD- INRI -4 -4Y -067 Rule Reference 11D -9.006 OCJG -005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant Direct 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 Application Ref Contract Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005) 2010 -JAGD -929 Section #2 Page 2 of 2 201 0 -JAG D -I N RI -4 -4Y -067 Address(es) Contract Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant Direct General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 Law enforcement programs State Purpose Area: E Equipment Supplies Purchase Equipment/Supplies Activity: Equipment and Supplies Target Group: Equipment and Supplies Geographic Area: Suburban Location Type: Police Department Sebastian Police Department 1201 Main Street Sebastian FL 32958 Objective: 25.E Amount of funds expended on equipment and /or supplies Measure: Part 1 Amount of funds to be expended to purchase equipment and /or supplies Goal: $5,834 Objective: 52.E Number of equipment or supply items purchased with JAG funds by type of equipment or supplies Measure: Part 6 How many pieces of software will be purchased? Goal: 4 Measure: Part 16 How many other pieces of equipment will be purchased? Goal: 1 Application Ref 2010 -JAGD -929 Section #3 Page 1 of 2 201 0 -JAG D -I N RI -4 -4Y -067 Rule Reference 11D -9.006 OCJG -005 (rev. April 2005) Activity Description Objectives and Measures Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant Direct 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 Ref Contract Rule Reference 11D -9.006 OCJG -005 (rev. April 2005) 2010 -JAGD -929 Section #3 Page 2 of 2 201 0 -JAG D -I N R I -4 -4Y -067 General Financial Info: Budget: Application Ref Contract Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant Direct Note: All financial re ittances 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 Vendor Number: 596000427 Budget Category Federal Match Total Salaries and Benefits $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $3,300.00 $0.00 $3,300.00 Operating Capital $2,534.00 $0.00 $2,534.00 Outlay Indirect Costs $0.00 $0.00 $0.00 Totals $5,834.00 $0.00 $5,834.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) No Rule Reference 11D-9.006 OCJG -005 (rev. April 2005) $0.00 $0.00 2010 -JAGD -929 Section #4 Page 1 of 3 201 0 -JAG D -I N R I -4 -4Y -067 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant Direct Budget Narrative: Budget Category Expenses Software threshold $5,000 for operating capital outlay. (4) Software Licenses $3,000 Upgrades to laptop $300 Total Expense Cost $3,300 Source N/A Operating Capital Outlay DVR System $2,534 Total Operating Capital Outlay Cost $2,534 Source N/A Application Ref Contract Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005) 2010 -JAGD -929 Section #4 Page 2 of 3 201 0 -JAG D -I N R I -4 -4Y -067 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: N/A Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: $750.00 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 Contract Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant Direct Rule Reference 11D-9.006 OCJG -005 (rev. April 2005) 2010 -JAGD -929 Section #4 Page 3 of 3 201 0 -JAG D -I N R I -4 -4Y -067 Standard Conditions SFY 2010 Edward Byme Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Conditions of agreement requiring compliance by units of local govemment (subgrant recipients), implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: Florida Administrative Code, Chapter 11 D -9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program" Office of Management and Budget (OMB) Circular A -21 (2 CFR 220), "Cost Principles for Educational Institutions" OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments OMB Circular A -102, "Grants and Cooperative Agreements with State and Local Governments" OMB Circular A -110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" OMB Circular A -122 (2 CFR 230), "Cost Principles for Non Profit Organizations" OMB Circular A -133, "Audits of States, Local Governments, and Non -Profit Organizations" 28 CFR 38, "Equal Treatment for Faith -Based Organizations" 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) 28 CFR 83, "Government-Wide Requirements for Drug -Free Workplace (Grants)" 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 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. 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 Govemments, or OMB Circular A -110, or OMB Circular A -102, and Florida law to be eligible for reimbursement. Page 1 3. Reports SFY 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 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 17, 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. 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 -one (31) 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. Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement (e) Reports are to be submitted even when no reimbursement is being requested. (2) The Financial Closeout Documentation shall be submitted to the Department within forty five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 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 (d) Page 2 Edward Byme Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to 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. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding shall be provided to a subgrant recipient upon a written request to the Department. 8. Trust Funds a. The unit of local govemment 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 eam interest, but any earned interest must be used for program purposes and expended before the subgrant end date. Any unexpended interest remaining at the end of the subgrant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9. 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. SFY 2010 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 10. 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 Eamings and Expenditures Report to report how much PGI was eamed during each quarter. A report must be submitted each quarter even if no PGI was eamed or expended. 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. d. Program income should be used as eamed 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. 11. 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. 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. 12. 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. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property fumished 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. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is govemed 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. 14. Copyright The awarding agency reserves a royalty -free non exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal govemment purposes: a. The copyright in any work developed under an award or subaward, and SFY 2010 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports 16. Audit The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication /program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 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." b. 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. SFY 2010 Page 5 Edward Byme Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 17. Performance of Agreement Provisions In the event of default, non compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient 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 subrecipient 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. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the govemment 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 fumished by the consultant were obtainable from other sources, SFY 2010 Page 6 (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement 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. 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. 21. Disputes and Appeals 23. Access To Records Edward Byme Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 concemed 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. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 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 SFY 2010 Page 7 Edward Byme Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in 5ijunction 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. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of 435, Fla. Stat. shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to 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 SFY 2010 Page 8 Florida Department of Law Enforcement 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. 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. (1) Edward Byrne Memorial Justice Assistance Grant (JAG) Program 29. Drug Court Projects A Drug Court Project must comply with 397.334, Fla. Stat., "Treatment -Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System 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 recipient may be fined as per 42 U.S.C. 3789g(c) (d). Recipient may not satisfy such a fine with federal funds. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of 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. 33. Equal Employment Opportunity (EEO) a. 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 and implementing agencies 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. SFY 2010 Page 9 Edward Byme Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. 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 http: /www.ojp. usdoj .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. c. 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. d. 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. e. 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. f. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act 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 I), state and local govemment services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. 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 SFY 2010 Page 10 Edward Byme Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, 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. 37. 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 Govemmentwide Debarment And Suspension (Nonprocurement)° 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; SFY 2010 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. 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: 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 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 sub recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. SFY 2010 Page 12 Edward Byme Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 41. "Pay to Stay" Funds from this award may not be used to operate a "pay -to -stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay -to -stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and /or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The 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. b. 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 govemmental 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. 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 SFY 2010 Page 13 SFY 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 property 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 (1) 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 (1) 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. 43. 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 http: /www.lep.00v. 44. 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. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The 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 Page 14 Edward Byme Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The 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. 48. 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). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit httb:// www. niem .Qov /imolementationguide.php. 52. 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 the Bureau of Justice Assistance. SFY 2010 Page 15 53. Privacy Certification 55. Interstate Connectivity 56. Supplanting 57. Conflict of Interest Edward Byme Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. Grantee 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. 54. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http /www.it.ojp.gov /default.aspx? area= policyAndPractice&page =1046. 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. 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. 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. 58. 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. 59. Limitations on Govemment 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 govemment employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 60. Equal Treatment for Faith Based Organizations The grantee 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 SFY 2010 Page 16 Edward Byme Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement "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 http:// www. ojp .gov /about/ocr /equal_fbo.htm. 61. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by 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 2010 Page 17 CERTIFICATION FORM Recipient Natne and Address:city nF Scian, 1225 3n St S sti FI, 32958 Grant Title: at F a .1p _10 Grant Number: 20 929 Award Amount: 5,$34.00_ Contact Person Name and Title: i Kruegar r z“dri_n sant ir Phone Number: 772) 8202 Federal regulations require recipients of financial assistance from the Office of Justice Programs (0311, its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R 42.301 -.308. The regulations exempt some recipients from all of the ESOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. Ha recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any .EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S Department of Justice, 810 7"' Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307 -2027. Section A Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that apply. I Recipient has less than 50 employees, Recipient is an Indian tribe, Recipient is a non profit organization, Recipient is an educational institution, or Recipient is a medical institution, Recipient is receiving an award less than $25,000 [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §§42.302.1 further certify that [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title OMB Approval No. 1121-0140 Expiration Date: 01/31/06 Signature Date Section B Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.I. 42.305): 1 is Kn [responsible official], certify that the_hy [recipient],which has 50 or more employees and is receiving a single award or subaward for 625,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR 542.301, et seq., subpart E. 1 further certify that the ESOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review, The EEOP is on file in the office of: Pardnistrative Services City of Sebastian [organization], at 1725 1 32958 laddress],for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations. f Detracluinistrativa Sawn S r gE'to+ 144 k-- ^I p i 10 Print or type Name and Title Signature J Da e ARTICLE III. ADMINISTRATION AND LEGAL DEPARTMENTS* ARTICLE III. ADMINISTRATION AND LEGAL DEPARTMENTS* DIVISION 1. GENERALLY httb:// librarv8. municnde .cnm /dpfanit- nn`Ar /Ilrw\7 gar /1 n11 1 /1 /1 /A Page 1 of 3 Editor's note: Section 14 of Ord. No. 0- 88 -89, adopted January 11, 1989, repealed former Art. III, which contained 3.01 -3.05, and enacted a new article III to read as set out herein. The repealed article pertained to similar provisions and derived from the Charter adopted by Ord. No. 0 -78 -9 on October 19, 1978. Sec. 3.01. Creation. The city manager, city clerk and city attorney are designated Charter officers. (Ord. No. 0- 88 -43, 14, 1- 11 -89; Ord. No. 0- 91 -29, 1, 1 -8 -92; Ord. No. 0- 93 -02, 4, 1- 27 -93; Ord. No. 0- 06 -14, 1, 10- 11 -06) Sec. 3.02. Appointment [of Charter officers]. The Charter officers shall be appointed by the city council and serve at the pleasure of the city council subject to the provisions of section 3.03 of this article. (Ord. No. 0- 88 -43, 14, 1- 11 -89; Ord. No. 0- 91 -29, 1, 1 -8 -92) Sec. 3.03. Removal of Charter officers. (a) Any Charter officer may be removed from office for cause, or without cause pursuant to the terms of an employment agreement, by a majority vote of the entire city council. (b) In the event that one or more council members believes that cause exists for the removal of a Charter officer, such council members shall present written charges to the entire city council at a regularly scheduled meeting for discussion. The city council may, by a vote at least three (3) council members that said charge would, if proved, constitute a violation and that a reasonable basis exists for believing the violation occurred, formally charge the named Charter officer with misconduct and immediately suspend such Charter officer form office. Notice of the suspension and the specific charges of misconduct shall be served upon the affected Charter officer in person or by certified or registered mail, return receipt requested, to the last known address of the affected Charter officer. The suspended Charter officer shall have the right to a hearing before the city council upon request. The suspended Charter officer shall be given a reasonable period of time in order to prepare for such hearing. At the conclusion of the hearing, the suspended Charter officer shall be removed if the city council finds, by a vote of at least three (3) council members that cause exists to support such removal. In the event that at least three (3) council members do not find that cause exists for removal, the suspended Charter officer shall be immediately reinstated to his or her Charter office. (Ord. No. 0- 88 -43, 14, 1- 11 -89; Ord. No. 0- 91 -29, 1, 1 -8 -92; Ord. No. 0- 93 -02, 5, 1- 27 -93; Ord. 1/0 PI n1 ARTICLE III. ADMINISTRATION AND LEGAL DEPARTMENTS* Page 2 of 3 No. 0- 99 -28, 1, 11 -3 -99, election of 3- 14 -00; Ord. No. 0- 99 -29, 1, 11 -3 -99, election of 3- 14 -00) Sec. 3.04. City manager; powers and duties. (a) The city manager shall be the chief administrative officer of the city. (b) The city manager, when necessary, shall appoint, suspend, demote, or dismiss any city employee under his jurisdiction in accordance with the law and the personnel rules of the city and may authorize any department head to exercise these powers with respect to subordinates in his respective department. (c) The city manager shall direct and supervise the administration of all departments of the city except the offices of the city clerk and city attorney. He shall attend all city council meetings unless excused by city council and shall have the right to take part in discussions, but not vote. (d) The city manager shall see that all laws, Charter provisions, ordinances, resolutions, and other acts of the city council subject to enforcement by the city manager are faithfully executed. (e) The city manager shall also prepare and submit the annual budget, budget message, and capital program to the city council and shall keep the city council fully advised as to the financial condition and future needs of the city, and shall make such recommendations to the city council concerning the affairs of the city as he deems desirable. The city council shall adopt the annual budget, millage rate and capital program, as presented or as modified, by resolution. (f) The city manager shall designate a qualified city employee to exercise the powers and perform the duties of city manager during any temporary absence or disability of the city manager. The city council may revoke such designation at any time and appoint another eligible person, other than a sitting council member, to serve as acting city manager. (g) The city manager, as authorized by the city Charter, the Sebastian Code of Ordinances, or by the direction of the city council, shall sign all contracts, bonds, debentures, franchises and official documents on behalf of the city, which shall also be attested by the city clerk. (Ord. No. 0- 88 -43, 14, 1- 11 -89; Ord. No. 0- 91 -29, 1, 1 -8 -92; Ord. No. 0- 91 -30, 5, 1 -8 -92; Ord. No. 0- 99 -23, 1, 11 -3 -99, election of 3- 14 -00; Ord. No. 0- 99 -30, 1, 11 -3 -99, election of 3- 14 -00) Sec. 3.05. City clerk. The city clerk shall give notice of city council meetings to its members and the public, keep the journal of its proceedings and perform such other duties as are assigned to the clerk by this Charter or by the city council. (Ord. No. 0- 88 -43, 14, 1- 11 -89; Ord. No. 0- 91 -29, 1, 1 -8 -92) DIVISION 2. POLICE DEPARTMENT Sec. 3.06. Police department. The City of Sebastian shall maintain its own Police Department, and daily operations of said police department will be overseen by a chief of police who will be a certified police officer and who will come under the purview of the city manager. (Ord. No. 0- 88 -43, 14, 1- 11 -89; Ord. No. 0- 06 -15, 1, 12- 13 -06) http:/ /library8.municode.com/default- now /DocView/ 10311 1 /3/6 3/8/2010 ARTICLE III. ADMINISTRATION AND LEGAL DEPARTMENTS* Sec. 3.07. Reserved. Sec. 3.08. Reserved. Page 3 of 3 Editor's note: Ord. No. 0- 06 -15, 1, adopted Dec. 13, 2006, repealed 3.07, which pertained to the duties and authority of the chief of police and derived from Ord. No. 0- 88 -43, 14, adopted Jan. 1, 1989. Editor's note: Ord. No. 0- 06 -15, 1, adopted Dec. 13, 2006, repealed 3.08, which pertained to the duties and authority of police officers and derived from Ord. No. 0- 88 -43, 14, adopted Jan. 1, 1989 and Ord. No. 0- 93 -02, 6, adopted Jan. 27, 1993. DIVISION 3. LEGAL Sec. 3.09. City attorney. (a) There shall be a city attorney of the city who shall serve as chief legal advisor to the city council and all city departments, offices and agencies, shall represent the city in all legal proceedings and shall perform any other duties prescribed by this Charter or by ordinance. (b) The city council shall have authority to retain additional counsel in specific actions or proceedings in its discretion. (c) The city attorney shall receive such compensation as may be determined by the city council. (Ord. No. 0- 88 -43, 14, 1- 11 -89; Ord. No. 0- 91 -29, 1, 1 -8 -92; Ord. No. 0- 06 -16, 1, 10- 11 -06) http://library8.municode.com/default-now/DoeView/10311/1/3/6 3/8/2010 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. Signature: Typed Name and Title: Date: Typed Na Date: 2 -16 10 Application Ref 2010 -JAGD -929 Contract JAGD -INRI- Rule Reference 11D-9.006 OCJG -005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant Direct Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. h. A.144 0,4i) Typed Name of Implementing Agency: i r Signature: Typed Name o Su ant Recipient: di r r lei= SEe/-! fA-10 Signature;' Typed Name and Title: 4L /A/W i! Ty �AAjRGc? Date: 2 -1t -1U Ei3IL ri4j; Th ILE b P/.�2TA1iC1/41T Section #6 Page 1 of 1