HomeMy WebLinkAboutFlorida Department of Law Enforcement - Edward Byrne Memorial Grant - 2009 10 26 2010-ARRC-SEMI-9-W7-242 FDL E
Florida Department of Office of Criminal Justice Grants Charlie Crist, Governor
Law Enforcement Post Office Box 1489 Bill McCollum,Attorney General
Tallahassee, Florida 32302-1489 Alex Sink, Chief Financial Officer
Gerald M. Bailey (850)617-1250 Charles H. Bronson, Commissioner of Agriculture
Commissioner www.fdle.state.fl.us
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The Honorable John Bush UUU
Mayor
City of Winter Springs
1126 East Highway 434
Winter Springs, FL 32708-2715
Re: Contract No. 201 O-ARRC-SEMI-9-W7-242
Dear Mayor Bush:
The Florida Department of Law Enforcement is pleased to award a Recovery Act
Edward Byrne Memorial Justice Assistance Grant to your unit of government in the
amount of$ 109,351.00 for the project entitled, LAW ENFORCEMENT EQUIPMENT
PROJECT. 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 and to the special
Recovery Act Conditions. These conditions should be reviewed carefully by those
persons responsible for project administration to avoid delays in project completion and
costs reimbursements. Please note there are special reporting requirements for the
Recovery Act funds. Receipt of funds are contingent upon timely reporting.
The enclosed Certification of Acceptance 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
reimbursement of any project expenditures.
Committed to
Service- Integrity-Respect-Quality
The Honorable John Bush
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,
Clayto H. Wilder
Administrator
CHW/JP/jj
Enclosures
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, FL 32308
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative, acknowledges receipt and
acceptance of subgrant award number 2010-ARRC-SEMI-9-W7-242, in the amount
of$ 109,351.00, for a project entitled, LAW ENFORCEMENT EQUIPMENT
PROJECT, for the period of 10/01/2009 through 09/30/2010, to be implemented in
accordance with the approved subgrant application, and subject to the Florida
Department of Law Enforcement's Standard Conditions and any special conditions
governing this subgrant.
(Signature of Subgrantee's Authorized Official)
(Typed Name and Title of Official)
(Name of Subgrantee)
(Date of Acceptance)
Rule Reference 11 D-9.006 OCJG-1-012 (Rev. October 2005)
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, FL 32308
SUBGRANT AWARD CERTIFICATE
Subgrantee: City of Winter Springs
Date of Award: 10-.2/ ,09
Grant Period: From: 10/01/2009 TO: 09/30/2010
Project Title: LAW ENFORCEMENT EQUIPMENT PROJECT
Grant Number: 2010-ARRC-SEMI-9-W7-242
Federal Funds: $ 109,351.00
State Agency Match:
Local Agency Match: $ 0.00
Total Project Cost: $ 109,351.00
CFDA Number: 16.803 Federal Award Number: 2009-SU-139-0021
Award is hereby made in the amount and for the period shown above of a subgrant
under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-
351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above
mentioned subgrantee and subject to any attached or special conditions.
This award is subject to all applicable rules, regulations, and conditions as contained
in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D,
Office of Justice Programs, Common Rule for State and Local Governments and A-
87, or OMB Circulars A-110 or A-102, 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; and, P.L. 111-5, the
American Recovery and Reinvestment Act of 2009.
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 Certificate of
Acceptance of Subgrant Award is returned to the Department.
�C
.Authorized bfficial
Clayton H. Wilder
Administrator
Date
( )This award is subject to special conditions (attached).
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act- JAG Countywide
Subgrant Recipient
Organization Name: City of Winter Springs
County: Seminole
Chief Official
Name: John Bush
Title: Mayor
Address: 1126 East Highway 434
City: Winter Springs
State: FL Zip: 32708-2715
Phone: 407-327-5956 Ext:
Fax:
Email: jbush@winterspringsfl.org
Chief Financial Officer
Name: Kevin Smith
Title: City Manager
Address: 1126 East State Road 434
City: Winter Springs
State: FL Zip: 32708
Phone: 407-327-1800 Ext:
Fax:
Email: ksmith@winterspringsfl.org
Application Ref# 2010-ARRC-113 Section#1 Page 1 of 2
Contract 2010-ARRC-SEMI-9-W7-242
Rule Reference 11 D-9.006 OCJG-005(rev.April 3005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act- JAG Countywide
Implementing Agency
Organization Name: Winter Springs Police Department
County: Seminole
Chief Official
Name: Kevin Brunelle
Title: Interim Chief of Police
Address: 300 North Moss Road
City: Winter Springs
State: FL Zip: 32708
Phone: 407-327-1000 Ext: 400
Fax:
Email: kbrunelle@winterspringsfl.org
Project Director
Name: Chris Deisler
Title: Captain
Address: 300 North Moss Road
City: Winter Springs
State: FL Zip: 32708
Phone: 407-327-7550 Ext: 402
Fax: 407-327-6658
Email: cdeisler@winterspringsfl.org
.._.... ....... ........
Application Ref# 2010-ARRC-113 Section#1 Page 2 of 2
Contract 2010-ARRC-SEMI-9-W7-242
Rule Reference 11D-9.006 OCJG-005(rev.April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act-JAG Countywide
.�.. -----------_...
General Project Information
Project Title: LAW ENFORCEMENT EQUIPMENT PROJECT
Subgrant Recipient: City of Winter Springs
Implementing Agency: Winter Springs Police Department
Project Start Date: 10/1/2009 End Date: 9/30/2010
Problem Identification
The city of Winter Springs Police Department serves a community of approximately 14 square
miles with a year round population of approximately 35,000 residents.
The police department prides itself on the level of service we provide to our citizens, however, we
are experiencing severe budgetary constraints for the upcoming year because we have a nearly
90% residential tax base. With the decline of the residential tax base,the police department is
forced to find ways to maintain our service level to the community and adequately equip our
officers to be ready to effectively handle calls for service and investigate crimes within our city.
Project Summary
The Winter Springs Police Department desires to use grant funds to purchase equipment for our
officers. The police department hopes to purchase sets of night vision goggles for our tactical
team so they may better handle high risk calls in low light environments. We would also like to
purchase fully marked police motorcycles, marked all-terrain vehicles (ATV's), aircard modems for
use with wireless camera equipment already owned by the department,TASER electronic
restraint devices for patrol officers, emergency lighting for patrol vehicles, LED traffic control
direction safety wands, and a ballistic resistant tactical blanket for special operations. The
purchase of this equipment will allow us to better serve our public and afford more protection to
the officers working the streets.
..... .........._..._.. �.............. m _......._m ................... ......................
Application Ref# 2010-ARRC-113 Section#2 Page 1 of 2
Contract 2010-ARRC-SEMI-9-W7-
Rule Reference 11 D-9.006 OCJG-005(rev.April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act- JAG Countywide
Y�.... �
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i
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# 2010-ARRC 113 Section#2 Pag
e ge 2 of 2
Contract -ARRC-SEMI---
Rule Reference 11 D-9.006 OCJG-005(rev.April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act- JAG Countywide
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General Performance Info:
Performance Reporting Frequency: Quarterly
Federal Purpose Area: 001 - Law Enforcement Programs
State Purpose Area: E - Equipment Supplies- Purchase Equipment/Supplies
�.. Activity Description ..
Activity: Equipment and Supplies
Target Group: Equipment and Supplies
Geographic Area: Citywide
Location Type: Police Department
Address(es) :
Winter Springs Police Dept.
300 N. Moss Rd.
Winter Springs , FL 32708
Objectives and Measures .
Objective: 25.E.S1 -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: 109351
Objective: 26.E.Sl -Types of equipment and/or supplies purchased with JAG funds
Measure: Part 4
Purchase equipment and/or supplies other than court supplies, computer software, or
firearms
Goal: Yes
Objective: 27.E.S1 - Number of units to directly benefit from equipment and/or supplies
purchased with JAG funds
Measure: Part 1
Number of units that expended grant funds to purchase equipment or supplies
Goal: 1
Measure: Part 2
Number of units that will directly benefit from equipment and/or supplies purchased
with JAG funds
....�.....
Application Ref# 2010-ARRC-113 Section#3 Page 1 of 4
Contract 2010-ARRC-SEMI-9-W7-
Rule Reference 11 D-9.006 OCJG-005(rev.April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
rr, ,,,,,,, ra r i/r; ;i;;r r 7i rr r.r/ r/pis r/.,. / /
i, / I„, r,,, !!�/„�,��+�/[r wTca�i r/ / //o/i J„/„// ,r, !, �r/
Goal: 1
Objective: 52.E.Sl - Number of equipment items purchased with JAG funds by type of
equipment
Measure: Part 1
How many weapons will be purchased?
Goal: 28
Measure: Part 2
How many pieces of equipment for police cruisers will be purchased?
Goal: 10
Measure: Part 8
How many pieces of mobile access equipment(ex. aircards for Verizon, Spring,
AT&T, etc.)will be purchased?
Goal: 2
Measure: Part 16
How many other pieces of equipment will be purchased?
Goal: 60
State Purpose Area: REC - Recovery Act Measures
Activity Description w__ .,.....
Activity: Recovery Act
Target Group: Recovery Act
Geographic Area: Citywide
Location Type: Police Department
66 ..� .. Objectives and Measures ............ n—.......
Objective: RC - Number of jobs created or saved (by type) due to Recovery Act funding
Measure: Part 1
Number of jobs to be prevented from being eliminated with Recovery Act funding
Goal: 0
Measure: Part 2
Number of jobs that were eliminated within the last 12 months that will be reinstated
with Recovery Act funding
Application Ref# 2010-ARRC-113 Section#3 Page 2 of 4
Contract 2010-ARRC-SEMI-9-W7-
Rule Reference 11 D-9.006 OCJG-005(rev.April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act-JAG Countywide
//,i'r _ 1
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Goal: 0
Measure: Part 3
Number of jobs to be created with Recovery Act funding
Goal: 0
A ...... . .. �.
pplication Ref# 2010-ARRC-113 Section#3 Page 3 of 4
Contract 2010-ARRC-SEMI-9-W7-
Rule Reference 11 D-9.006 OCJG-005(rev.April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act- JAG Countywide
1
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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
Question: What is the physical address of your primary performance location? This is a
physical location, not a mailing address. If your physical location is confidential, enter
the address of the next highest level of your organization. Enter only one address.
Answer: AgencyName: Winter Springs Police Department
Addressl: 300 N. Moss Rd.
Address2:
City: Winter Springs
State: FL
Zip: 32708-2510
CongressionalDist: 07
Application Ref# 2010-ARRC-113 Section#3 Page 4 of 4
Contract 2010-ARRC-SEMI-9-W7-
Rule Reference 11 D-9.006 OCJG-005(rev.April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
General Financial Info:
Note: All financial remittances will be sent to the Chief Financial Officer
of the Subgrantee Organization.
Financial Reporting Frequency for this Subgrant: Monthly
Is the subgrantee a state agency?: No
FLAIR/Vendor Number: 591026364
Budget:
Budget Category ...� ee._....... a. . ..._.._. . �.....
Federal Match Total
Salaries and Benefits $0.00 $0.00 $0.00
Contractual Services $0.00 $0.00 $0.00
Expenses $30,880.00 $0.00 $30,880.00
Operating Capital $78,471.00 $0.00 $78,471.00
Outlay
Indirect Costs $0.00 $0.00 $0.00
--Totals -- $109,351.00 $0.00 $109,351.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI) 7 No
Application Ref# 2010-ARRC-113 Section#4 Page 1 of 3
Contract -ARRC-SEMI---
Rule Reference 11D-9.006 CCJG-005(rev.April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act-JAG Countywide
Budget Narrative:
Operating Capital Outlay:
It is the desire of the police department to purchase.needed equipment with grant money. To do
this, we would like to spend the money in the following manner: Approximately two (2)fully
marked police motorcycles for patrol use. The cost of these motorcycles is approximately$15,000
each for an approximate total of$30,000 dollars.
We desire to purchase approximately one(1)ballistic resistant tactical blanket for use by
operations personnel during critical incidents. This blanket costs approximately$9,002 each for a
total of approximately$9,002 dollars.
For use by our tactical operations team,the police department desires to purchase approximately
four(4)night vision goggle systems. Each unit cost approximately$4,000 for a total of$16,000
dollars.
Finally,we desire to purchase approximately three (3)fully marked all-terrain vehicles for use by
officers handling incidents in rugged off-road areas. Each unit costs approximately$7,823. dollars
totalling $23,469 dollars.
Expenses:
For the purposes of enhancing the safety of our officers,the police department desires to purchase
approximately fifty(50) LED traffic wands for use during traffic direction. The approximate cost of
this equipment is$1,502 dollars.
We also would like to purchase approximately ten (10) blue LED emergency lights for use on
patrol vehicles. The approximate cost of all of these blue LED lights is$1,000 dollars.
The police department desires to equip all of our sworn officers with a TASER electronic restraint
device. To do this, we need to purchase approximately twenty-eight(28)TASERS with holsters
and dart cartridges. Each TASER is approximately$815.00 for a total of$22,820, each holster is
approximately$70.00 for a total of$1,960, and dart cartridges cost approximately$2,100 dollars
for a set of 100. The approximate cost for this project is$26,880 dollars.
With these funds,we also desires to purchase approximately two(2)aircard hardware modems for
use with wireless pole camera systems. The approximate cost for this equipment is$1,500
dollars.
Any amount over the grant funding will be paid for by the city.
Application Ref# 2010-ARRC-113 Section#4 Page 2 of 3
Contract 2010-ARRC-SEMI-9-W7-
Rule Reference 11 D-9.006 OCJG-005(rev.April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act -JAG Countywide
/� ../tr // /%/ /9/ r // ; /%/!l //p/r� / / r or p J.!r ✓r // /r /'.
rIrr -.%. �1°./r/ / /ri % %'
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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: NIA
Question: If benefits are to be included, are they reflected in the budget narrative?
Answer: N/A
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: NIA
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
Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or
implementing agency, if it is the sheriffs office.
Answer: The city threshold is $1,000.00
_ -�PPlication Ref#. .. .. ._ ........�. �m�....._. �......_�..�.,,.
2010-ARRC-113 Section #4 Page 3 of 3
Contract -ARRC-SEMI---
Rule Reference I ID-9.006 OCJG-005(rev.April 2005)
Edward Byrne Memorial Justice Assistance Grant(JAG) Program
Florida Department uf Law Enforcement
Standard Conditions
Conditions of agreement requiring compliance by units of local government(subgrant recipients),
implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in
this section. Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding. Failure to comply with provisions of this agreement will naou|t 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.
i. All Subgrmnt 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 am well mm Federal statutes, regulations, policies, guidelines
and requirements and Florida laws and regulations including but not limited to:
* Florida Administrative Code, Chapter 11Q'9, "Edward Byrne Memorial State and Local
Lmvv Enforcement Assistance Formula Grant Program"
° Office mf Management and Budget(OMB) Circu|orA'2i (2 CFPk 220)` "Cost Principles for
Educational Institutions"
* C»yNB Circular A-87 (2 CFR 225), "Coat Principles for State, Local and Indian Tribal
Governments"
° OMB Cin:u|arA-1Q3. "Grants and Cooperative Agmeannmmtm with State and Local
Governments"
° %�;NE] ���r�m|mr��-11O '2 ��F|��1S), ^'Un|�mrnmx�dnnimiatrativmFK�quimor��nha��r�:rant� a�d
Cooperative Agreements"
* QK8B Circm|mrA-122 (2 CPpk230), "Cost Principles for Non-Profit Organizations"
° OMB Circular A'133' "Audits of States, Local Governments, and Non-Profit
Organizations"
° 28 CFFk38. "Equal Treatment for Faith-Based Organizations"
° 28CPR 66. "W.S. Department of Justice Common Rule for State And Local
Governments" (Common Rule)
° 28CFFK83. "Government-Wide Requirements for Drug-Free Workplace (Grants)"
* 20 CFR 18' 22, 23, 30, 35, 42, 61, and 63
° Public Lam/ 109'162, Title XI—Department ofJustice Reauthorization, Subtitle B--
|mmpmmving the Department of Justice's Grant PmoQrwmnm, Chapter 1—Assisting Lmxx
Enforcement and Criminal Justice Agaociem, Sec' 1111. Merger ofByrne Grant Program
and Local Lmxv Enforcement Block Grant Pnmgrmrn
° 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 eubgnantshn|| be determined according ho 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
andfadero| [)N1BCirnu|arA-87. ''CootPrincip|eehzrGtate. Loca| andIndianTribo|
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.Q. Department ofJustice Common Rule for State and Local Governments, or OMB
Circular A,11O. or OMB Circular A-1O2. and Florida law to be eligible for reimbursement.
SFY2010 Page
Assistance Grant(JAG) Program
— ........ Edward....Byrne Memorial Justice.. --- ..
Florida Department of Law Enforcement
3. Reports
a. Project Performance Reports
(1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, within 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
r1.._-1_.�I.. n-_:__i [Expenditure
n.�..�....i L.. aL... Department.
I'].......� C.,.....nA itu
Quarto ly P-r0ject [Expenditure Re� olI to he Department. riv, L �.nNciiuiLure
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.
(d) 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
SFY 2010 Page 2
Edward Byrne Memorial Justice Assistance Grant(JAG) Program
..... �.....— ......... p ... ........... ---- _ ..
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
r.._a�__._____ ice_ _�r.__�: _r��_ ni_i_ _r
an annual appropriation by the Florida Legislature. Furthermore, the obligation o the SLa LC U1
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 government must establish a trust fund in which to deposit JAG funds.
The trust fund may or may not be an interest bearing account.
b. The account may earn interest, but any earned interest must be used for program purposes
and expended before the subgrant end date. 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
--- ...�..... .. �..... ......._ . .. --- ......... .„m.,., _....._,
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 Earnings and Expenditures Report
to report how much PGI was earned during each quarter. A report must be submitted each
quarter even if no PGI was earned or expended.
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 earned and expended as soon as possible. Any
unexpended PGI remaining at the end of the Federal grant period must be submitted to the
Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance.
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 approvai 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 furnished to it by the Department or purchased
pursuant to this agreement according to federal property management standards set forth in
the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for
State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable.
This obligation continues as long as the subgrant recipient retains the property,
notwithstanding expiration of this agreement.
13. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed by the terms of the 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 government purposes:
a. The copyright in any work developed under an award or subaward, and
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b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that will be published, including web-based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following statements:
"This project was supported by Award No. [contact 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."
16. Audit
a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program-specific audit conducted for that year. The audit shall be performed in
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 shah subunit an annual financial audit that meets the requirements ofZI
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
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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.
19. 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 government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
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(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
a. The Department shall make its decision in writing when responding to any disputes,
disagreements, or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk(agency clerk). The
subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. Stat.,
and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to
appeal within this time frame constitutes a waiver of proceedings under§ 120, Fla. Stat.
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.
23. Access To Records
a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S.
Department of Justice, the U.S. Comptroller General or any of their duly authorized
representatives, shall have access to books, documents, papers and records of the subgrant
recipient, implementing agency and contractors for the purpose of audit and examination
according to the 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
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made or received by the subgrant recipient or its contractor in conjunction with this
agreement.
c. The subgrant recipient will give the awarding agency or the General Accounting Office,
through any authorized representative, access to and the right to examine all paper or
electronic records related to the financial assistance.
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
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for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency or employee. When fingerprinting is required, the fingerprints of the employee
or applicant for employment shall be taken by the employing agency or by an
authorized law enforcement officer and submitted to the Department of Law
Enforcement for processing and forwarding, when requested by the employing agency,
to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of Law Enforcement for any costs incurred by it in the
processing of the fingerprints.
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
P(IUf to obligating IUIlUS IIUIII LIIIJ award to support L overtime by IdW CIIIUII:CIIICIIL VIIII;CI D, LIIC U.J.
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. §
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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 1), state and local government services and transportation (Title II), public accommodations
(Title III), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act("INA"). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
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
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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 Governmentwide Debarment And
Suspension (Non procurement)"These procedures require the subgrant recipient to certify it shall
not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless
authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and
implementing agency certify that they and their principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
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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:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
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.
3.9. 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.
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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 governmental personnel involved; (2) any residents, occupants,
users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste from a seized laboratory's operations are placed or come to rest.
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
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glassware, equipment, and contaminated materials and wastes from the site(s) of each
seized clandestine laboratory;
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, properly licensed recycling facilities;
(7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6
immediately above in order to ensure proper compliance;
(8) Have in place and implement an inter-agency agreement or other form of commitment
with a responsible State environmental agency that provides for that agency's (i) timely
evaluation of the environmental conditions at and around the site of a closed clandestine
laboratory and (ii) coordination with the responsible party, property owner, or others to
ensure that any residual contamination is remediated, if necessary, and in accordance
with existing State and Federal requirements; and
(9) Have in place and implement a written agreement with the responsible state or local
service agencies to properly respond to any minor, as defined by state law, at the site.
This agreement must ensure immediate response by qualified personnel who can (i)
respond to the potential health needs of any minor at the site; (ii) take that minor into
protective custody unless the minor is criminally involved in the meth lab activities or is
subject to arrest for other criminal violations; (iii) ensure immediate medical testing for
methamphetamine toxicity; and (iv) arrange for any follow-up medical tests,
examinations, or health care made necessary as a result of methamphetamine toxicity.
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 htti)://www.lep.gov.
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
SFY 2010 Page 14
Edward Byrne Memorial Justice Assistance Grant(JAG) Program
...... ......... ..... ..__. ..Florida Department o. �........—. .. _.
p f 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
bttL)://www.nie cloy/imp lementationc uide.;;;.hp.
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
Edward Byrne Memorial Justice Assistance Grant(JAG) Program
- ...... ......... _...-. __ ----. .....---- .........
Florida Department of Law Enforcement
53. Privacy Certification
The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section
3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or
information. 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.
55. Interstate Connectivity
To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of
Justice Assistance for law enforcement information sharing systems which involve interstate
connectivity between jurisdictions, such systems shall employ, to the extent possible, existing
networks as the communication backbone to achieve interstate connectivity, unless the subgrant
recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this
requirement would not be cost effective or would impair the functionality of an existing or
proposed IT system.
56. Supplanting
The subgrant recipient agrees that funds received under this award will not be used to supplant
State or local funds, but will be used to increase the amounts of such funds that would, in the
absence of Federal funds, be made available for law enforcement activities.
57. Conflict of Interest
The subgrant recipient and implementing agency will establish safeguards to prohibit employees
from using their positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest, or personal gain.
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 Government Employees Financed by Federal Assistance
The subgrant recipient will comply with requirements of 5 U.S.C. §§ 1501-08 and §§7324-28,
which limit certain political activities of State or local government employees whose principal
employment is in connection with an activity financed in whole or in part by federal assistance.
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 Byrne Memorial Justice Assistance Grant(JAG) Program
......... W n �,.. ..._ .... ......... ,11_.. __ __._..... ......... ......... ........�
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 prose lytization. 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
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
American Recove and Reinvestment Act of 2009
S,.ecialRecov y...__ -_.... .n _..... —....._. ...... _.._......._. . . .......
p Recovery Act Conditions
1. Recovery Act
a. All subgrant recipients must comply with Public Law 111-5, the American Recovery and
Reinvestment Act of 2009 (This law is a federal public law).
b. The subgrant recipient understands and agrees that all other terms and conditions contained
in this award, or in applicable FDLE or Office of Justice Programs grant policy statements or
guidance, apply unless they conflict or are superseded by the terms and conditions included
here that specifically implement the American Recovery and Reinvestment Act of 2009,
Public Law 111-5 ("ARRA" or"Recovery Act") requirements. Subgrant recipients are
responsible for contacting their grant managers for any needed clarifications.
c. The recipient agrees to comply with any modifications or additional requirements that may be
imposed by law and future FDLE or Office of Justice Programs (including government-wide)
guidance and clarifications of Recovery Act requirements.
2. Access to Records; Interviews
The subgrant recipient understands and agrees that FDLE, the Department of Justice (including
the Office of Justice Programs and the Office of the Inspector General)), and its representatives,
and the Government Accountability Office, shall have access to and the right to examine all
records (including, but not limited to, books, papers, and documents) related to this Recovery Act
award, including such records of any subgrant recipient, contractor, or subcontractor. See items
23 and 24 of the Standard Conditions.
The recipient also understands and agrees that FDLE, the Department of Justice, and the
Government Accountability Office are authorized to interview any officer or employee of the
subgrant recipient, contractor, or subcontractor regarding transactions related to this Recovery
Act award.
3. One-time funding
The subgrant recipient understands and agrees that awards under the Recovery Act will be one-
time awards and accordingly that its proposed project activities and deliverables are to be
accomplished without additional Department of Justice funding.
4. Separate Tracking and Reporting of Recovery Act Funds and Outcomes
The subgrant recipient agrees to track, account for, and report on all funds from this Recovery Act
award (including specific outcomes and benefits attributable to Recovery Act funds) separately
from all other funds, including Department of Justice award funds from non-Recovery Act awards
awarded for the same or similar purposes or programs. (Recovery Act funds may be used in
conjunction with other funding as necessary to complete projects, but tracking and reporting of
Recovery Act funds must be separate.)
Accordingly, the accounting systems of the subgrant recipient must ensure that funds from this
Recovery Act award are not commingled with funds from any other source.
The subgrant recipient further agrees that all personnel whose activities are to be charged to the
award will maintain timesheets to document hours worked for activities related to this award and
non-award-related activities.
SFY 2010 Page 1
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
American Recovery and Reinvestment Act of 2009
5. Central Contractor Registration and DUNS Number
The subgrant recipient must maintain a current registration in the Central Contractor Registration
(www.ccr.gov) at all times during which it has any active federal awards funded with Recovery Act
funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number
(www.dnb.com) is one of the requirements for registration in the Central Contractor Registration.
6. Additional Audit Requirements -Recovery Act Transactions Listed in Schedule of
Expenditures of Federal Awards
a. The subgrant recipient agrees to maintain records that identify adequately the source and
application of Recovery Act funds, to maximize the transparency and accountability of funds
authorized under the Recovery Act as required by the Act and in accordance with 2 CFR
215.21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals, and Other Non-profit Organizations" and OMB A-102 Common
Rules provisions (relating to Grants and Cooperative Agreements with State and Local
Governments).
b. The subgrant recipient agrees to separately identify the expenditures for Federal awards
under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the
Data Collection Form (SF-SAC) required by OMB Circular A-133. This condition only applies
if the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local
Governments, and Non-Profit Organizations" cover the subgrant recipient. This shall be
accomplished by identifying expenditures for Federal awards made under the Recovery Act
separately on the SEFA as separate rows under item 9 of Part iii on the SF-SAC by CFDA
number, and inclusion of the prefix "ARRA2 in identifying the name of the Federal program
on the SEFA and as the first characters in Item 9d of Part III on the SFSAC.
7. Reporting (Section 1512)
a. In addition to the reporting requirements in item 3 of the Standard Conditions, subgrant
recipients must provide any information necessary to comply with section 1512 of the
Recovery Act, which requires detailed reporting by FDLE not later than ten calendar days
after the end of each calendar quarter. Receipt of funds will be contingent upon timely
reporting.
b. The subgrant recipient must complete projects or activities which are funded under the
Recovery Act and report on use of Recovery Act funds provided through this subgrant.
Information from these reports will be made available to the public.
8. Reporting Potential Fraud,Waste, and Abuse, and Similar Misconduct
The subgrant recipient must promptly refer to the Department of Justice, Office of the Inspector
General any credible evidence that a principal, employee, agent, contractor, subcontractor, or
other person has either 1) submitted a false claim for Recovery Act 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 Recovery Act funds. Potential fraud, waste,
abuse, or misconduct should be reported to the Office of the Inspector General by—
mail: Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
SFY 2010 Page 2
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
American Recovery and Reinvestment Act of 2009
e-mail: oig.hotline@usdoj.gov
hotline: (contact information in English and Spanish): (800) 869-4499
F
or hotline fax: (202) 616-9881
Additional information is available from the Department of Justice Office of the Inspector General
website at www.usdoj.gov/oig.
9. Protecting State and Local Government and Contractor Whistleblowers (Section 1553)
The subgrant recipient recognizes that the Recovery Act provides certain protections against
reprisals for employees of non-Federal employers who disclose information reasonably believed
to be evidence of gross management, gross waste, substantial and specific danger to public
health or safety, abuse of authority, or violations of law related to contracts or grants using
Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The
text of Recovery Act is available at www.ojp.usdoj.gov/recovery.
10. Limit on Funds (Section 1604)
None of the funds appropriated or otherwise made available in this Act may be used by any State
or local government, or any private entity, for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool.
11. Infrastructure Investment(Sections 1511 and 1602)
The subgrant recipient agrees that it may not use any funds made available under this Recovery
Act award for infrastructure investment absent submission of a satisfactory certification under
section 1511 of the Recovery Act. Should the subgrant recipient decide to use funds for
infrastructure investment subsequent to award, the subgrant recipient must submit appropriate
certifications under section 1511 of the Recovery Act and receive prior approval from the Office of
Justice Programs. In seeking such approval, the recipient shall give preference to activities that
can be started and completed expeditiously, and shall use award funds in a manner that
maximizes job creation and economic benefits. The text of the Recovery Act(including
sections1511 and 1602) is available at www.ojp.usdoj.gov/recovery.
12. Buy American (Section 1605)
a. The subgrant recipient understands that this award is subject to the provisions of section
1605 of the Recovery Act ("Buy American"). No award funds may be used for iron, steel, or
manufactured goods for a project for the construction, alteration, maintenance, or repair of a
public building or public work, unless the recipient provides advance written notification to the
Office of Justice Programs program office for approval. All projects must comply with
government-wide standard conditions (anticipated to be published in subpart B of 2 C.F.R.
part 176) that further implement the specific requirements or exceptions of section 1605.
b. Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for
the construction, alteration, maintenance, or repair of a public building or public work unless
all of the iron, steel, and manufactured goods used in the project are produced in the United
States, subject to certain exceptions, including United States obligations under international
agreements.
SFY 2010 Page 3
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
American Recovey and Reinvestment Act of 2009
13. Wage Rate Requirements (Section 1606)
Notwithstanding any other provision of law and in a manner consistent with other provisions in
this Act, all laborers and mechanics employed by contractors and subcontractors on projects
funded directly by or assisted in whole or in part by and through the Federal Government
pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a
character similar in the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No.
14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29
CFR Parts 1, 3, and'5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR
5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set
forth in that section. The standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are to
be incorporated in any covered contracts made under this award that are in excess of$2,000 for
construction, alteration or repair(including painting and decorating).
For additional guidance on the wage rate requirements of section 1606, contact your awarding
agency. Recipients of grants, cooperative agreements and loans should direct their initial
inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted
project to the Federal agency funding the project. The Secretary of Labor retains final coverage
authority under Reorganization Plan Number 14.
14. NEPA and Related Laws
The subgrant recipient understands that all Office of Justice Programs awards are subject to the
National Environmental Policy Act(NEPA, 42 U.S.C. section 4321 et seq.) and other related
Federal laws (including the National Historic Preservation Act), if applicable. The subgrant
recipient agrees to assist the Office of Justice Programs in carrying out its responsibilities under
NEPA and related laws, if the subgrant recipient plans to use Recovery Act funds to undertake
any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R.
Part 61, App. D.) The subgrant recipient also agrees to comply with all Federal, State, and local
environmental laws and regulations applicable to the development and implementation of the
activities to be funded under this award. See item 36 of the Standard Conditions.
15. Misuse of award funds
The recipient understands and agrees that misuse of award funds may result in a range of
penalties, including suspension of current and future funds, suspension or debarment from
federal grants, recoupment of monies provided under an award, and civil and/or criminal
penalties.
SFY 2010 Page 4
CERTIFICATION AS TO FEDERAL GROSS REVENUES RECEIVED
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
American Recove and Reinvestment Act of 2009
Certification as to Federal Gross Revenues Received
The chief financial officer for the subgrantee makes the following certifications:
• The subgrantee in its preceding fiscal year did NOT receive 80 percent or more of
its annual gross revenues in Federal awards.
AND/OR
• The subgrantee in its preceding fiscal year did NOT receive $25,000,000 or more in
annual gross revenues from Federal awards.
JUfiE 11, 2009
Sig ..
nuafure o-f Su1.Orantee C ief Financial Officer Date
KEVIN L. R41TH
Typed Narne of Subgrantee Chief Financial Officer
CITY MANAGER
Title of Subgrantee Chief Financial Officer
CITY OF WINTER SPRINGS
Name of Subgrantee
Note: If the subgrantee in its preceding fiscal year BOTH received 80 percent or more
of its annual gross revenues in Federal awards AND received $25,000,000 or more in
annual gross revenues from Federal awards, then it must provide FDLE with the names
and total compensation of the five most highly compensated officers of the subgrantee.
of A , lication Package Certification as to Federal Gross Revenues Received
FDLE JAG Recover, Act Gra. �._ . .......w.�. ........ . ... .......�..w.�,,,,.. .......... ..........ro._
Page 1
(Rev.April 2009)
CERTIFICATION FORM
Recipient Name and Address: CITY OF WINTER SPRINGS 1126 E. SR 434 WINTER SPGS, FL. 32708
...................................___ __.......
Grant Title: LAW ENFORCEMENT EQUIPMENT PECJ'E9;am Number:20 10—AARC-1 13 AwardAmount: $109,351.00
Contact Person Name and Title: CAPT. CHRIS DEISLER Phone Number: (407 ) 327-7550
----------
Federal regulations require recipients of financial assistance from the Office of Justice Programs(OJP), 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(ESOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients,according to the regulations, must prepare,maintain on file and implement an EEOP,but they
do not need to submit the ESOP to OJP for review. Recipients that claim a complete exemption from the ESOP 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. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant ensuring that any ESOP 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 1h 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
app ly.
11 Recipient has less than 50 employees, Recipient is an Indian tribe,
13 Recipient is a non-profit organization, Recipient is an educational institution,or
11 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 CY.R §42302. 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 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 ESOP to OJP for review as long as it certifies the following(42 C.F.R. § 42.305):
1,— JOHN F. BUSH [responsible official], certify that
the, CITY OF WINTER SPRINGS .................. 11-1------I...-"--.- Irecipientl,which has 50 or more
employees and is receiving a single award or subaward for$25,000 or more,but less than$500,000,has formulated an
EEOP in accordance with 28 CFR§42.301,et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEG P is on file in
the office of. KEVIN L. SMITH, CITY MANAGER [organization],
at 1126 E. SR 434 WINTER SPRINGS, . 32.708
[address],for review by the public and
employees or for review or audit by officials of the relevant state planning ag6ncy or the Office for Civil Rights, Office of
Justice Programs,U. S. Department of Justice,as required by,r016 I'll., -it law VfA, s andregulations.
JOHN F. BUSH, 06-11-09
Print or type Name and Title Date
OMB Approval No. 1121-0140 Expiration Date:0 1/31/06
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act-JAG Countywide
m,......�...._...... _�— Am..� � _..... ._...m
In witness whereof,the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
Stag of Florida
De f r ent,dfla wr E'hfor r ent'
i Ice cif Criminal Jutticb,
Signature:
Typed Name and Title: ter
CByRINH.WIlder,Aftl
Date: j-U
, Sub r nt:,Reclp rwt.
rwrthrrziwli CfFiII: rf" dyenpd� rrit
(c m, i to C a�frhan V ayo or lDie i ted 1 presefw ati e
Typed Name of 7drt ra
nt Recipient: CITY OF WINTER SPRINGS
Signature 2L,..�. gym_ ��` ��W. -..
Typed Name dfid iile: �0
� . .�. �. ..._W... ...- ........� - .. _.
Ali
T HN F BUSH, m .� .
�" ... MAYOR
_... N... ..�� ,...�.. ..�.
Date: 31TNE 11, 2009
N01MR ntimw� gendy
Off iblaAl, r wlrwi tia i r' r,l + i n ute R Oro enfi tiV
Typed Implementing Agency: POLICE DEPT.
mentin A enc WINTER SPRINGS
T ed Name of Im e p
Signature ...: •, � �� ._..m. . ... _ —�.....m _
Typed Name and Title: KEVTN P BRUlWT T,E, CHIEF
Date: JDF , ; 0 ..... ._,....
_ �. �.. ... ......—.a.. .�.._.._— -.—.....Section#6 Page 1 of.._ .....
A hcation Ref# 2010-AR pp' RC-113
Contract -ARRC-SEMI---
Rule Reference 11D-9.006 OCJG-005(rev.April 2005)