HomeMy WebLinkAboutFlorida Department of Law Enforcement Contract No. 2009-JAGC-SEMI-8-T7-019FDLE
Florida Department of
Law Enforcement
Gerald M. Bailey
Commissioner
Office of Criminal Justice Grants
Post Office Box 14$9
Tallahassee, Florida 32302-1489
(850) 617-1250
www.fdle.state.fl, us
Charkie Crist. Governor
Bill McCollum, Attorney General
Alex Sink, Chief Financial Officer
Charles H. Bronson, Commissioner of Agriculture
RECEIVED
SEP 9 2008
The Honorable John Bush
Mayor
City of Winter Springs
1126 East Highway 434
Winter Springs, FL 32708-2799
Re: Contract No. 2009-JAGC-SEMI-8-T7-019
Dear Mayor Bush:
SEP 1 5 2008
CITY OF WINTER SPRINGS
OFFICE OF THE CITY CLERK
The Florida Department of Law Enforcement is pleased to award an Edward Byrne
Memorial Justice Assistance Grant to your unit of government in the amount of
$ 9,276.00 for the project entitled, "CRIMINALS CAUGHT ON CAMERA II". 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. Changes were
made to these conditions after your application was received in this office. Therefore,
these Standard Conditions should be reviewed carefully by those persons responsible
for project administration to avoid delays in project completion and costs
reimbursements.
The enclosed Certification of Acceptance 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,
• L~~~
Cla .Wilder
Administrator
CHW/JP/th
Enclosures
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative, acknowledges receipt and
acceptance of subgrant award number 2009-JAGC-SEMI-8-T7-019, in the amount of
$ 9,276.00, for a project entitled, "CRIMINALS CAUGHT ON CAMERA II", for the
period of 10/01/2008 through 09/30/2009, 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.
• /p~',~rri~~j
(Signatur Subgrantee's Authorized Official)
John F. Bush, Mayor
(Typed Name and Title of Official)
City of Winter Springs
(Name of subgrantee)
qi i R i n Q
(Date of Acceptance)
Rule Reference 11 D-9.006 OCJG-012 (Rev. October 2005)
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
SUBGRANT AWARD CERTIFICATE
Subgrantee: City of Winter Springs
Date of Award: g - 9. O o
Grant Period: From: 10/01/2008 TO: 09/30/2009
Project Title: "CRIMINALS CAUGHT ON CAMERA II"
Grant Number: 2009-JAGC-SEMI-8-T7-019
Federal Funds: $ 9,276.00
State Agency Match:
Local Agency Match: $ 0.00
Total Project Cost: $ 9,276.00
State Purpose Area: 001 : Law Enforcement Support
CFDA Number: 16.738
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.
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.
~l.
Authorized fficial
Clayton H. Wilder
Administrator
9-9-~~
Date
( )This award is subject to special conditions (attached).
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
Subgrant Recipient
Organization Name:
County:
City of Winter Springs
Seminole
Chief Official
Name: John Bush
Title: Mayor
Address: 1126 East Highway 434
City: Winter Springs
State: FL Zip: 32708-2799
Phone: 407-327-5956 Ext:
Fax:
Suncom:
Email: jbush@winterspringsfl.org
Chief Financial Officer
Name: Kelly Balagia
Title: Revenue Accountant
Address: 1126 East Hwy 434
City: Winter Springs
State: FL Zip: 32708
Phone: 407-327-1800 Ext:
Fax:
Suncom:
Email: kbalagia@winterspringsfl.org
Application Ref # 2009-JAGC-850 Section #1 Page 1 of 2
Contract 2009-JAGC-SEMI-8-T7-019
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
Implementing Agency
Organization Name: Winter Springs Police Department
County: Seminole
Chief Official
Name: Daniel Kerr
Title: Chief
Address: 300 North Moss Road
City: Winter Springs
State: FL Zip: 32708
Phone: 407-327-7964 Ext:
Fax: 407-327-6658
Suncom: 407-327-6658
Email: dkerr@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
Suncom:
Email: cdeisler@winterspringsfl.org
Application Ref # 2009-JAGC-850 Section #1 Page 2 of 2
Contract 2009-JAGC-SEMI-8-T7-019
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
General Project Inforrr
Project Title:
Subgrant Recipient:
Implementing Agency:
Project Start Date:
Problem Identification
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
cation
"CRIMINALS CAUGHT ON CAMERA II"
Ciry of Winter Springs
Winter Springs Police Department
10/1 /2008 End Date: 9/30/2009
The Winter Springs Police Department has experienced an increase in alcohol-related traffic
crashes, aggressive driving, and cases involving the sale and transport of illegal narcotics in and
through the city limits. It is the desire of the police department to document these cases with video
evidence through the purchase of in-car cameras. Allowing the purchase of this equipment will
allow officers to document the events as they happen and solidify criminal cases against these
types of offenders. With this new equipment, we hope to increase the convictions of these
individuals with indisputable real-time video evidence.
Project Summary
The Winter Springs Police Department is requesting funding for the purchase of additional in-car
video cameras that use the latest technology available to record, document, and help convict
criminal acts in the city. It is our intent to equip all patrol vehicles with a camera over the next
three years. Appropriation of grant funds will permit the police department to implement this
project upon receipt.
The second phase of this project titled "Criminals Caught on Camera II" was designed as a three-
yearendeavor. First-year funding allowed the purchase of twelve (12) complete camera systems
and the latest video storage systems necessary for proper operation of the system. This additional
funding will allow approximately (2) more camera systems to be purchased.
The digital video hardware technology chosen for this project expansion will provide a system that
is proven for routing high-resolution video images to multiple pre-determined locations. This will
ensure images are available for the State Attorney's Office and enhance our prosecution efforts. A
dedicated storage server will be used to adequately provide the necessary infrastructure to store
video images and route them appropriately for court purposes. The large storage capacity allows
for long mission operation without having to change videotapes. All purchases will be made in
accordance with established purchasing procedures of the City of Winter Springs.
Application Ref # 2009-JAGC-850
Contract 2009-JAGC-SEMI-8-T7-
Section #2 Page 1 of 2
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
Section Questions:
Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from
the U.S. Department of Justice?
Answer: No
Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or
more from the U.S. Department of Justice?
Answer: No
Application Ref # 2009-JAGC-850
Contract -JAGC-SEMI- - -
Section #2 Page 2 of 2
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
General Performance Info:
Performance Reporting Frequency: Quarterly
Federal Purpose Area: 001 -Law Enforcement Programs
State Purpose Area: 001 -Law Enforcement Support
Activity Description
Activity: Equipment Purchase
Target Group: Offenders of all types
Geographic Area: City-Wide
Location Type: City-Wide
Objectives and Measures
Objective: 001.03 -Procuring equipment, technology, and other material directly related to
basic law enforcement functions.
Measure: Part 1
Will there be procurement of any equipment, technology or other material directly
related to basic law enforcement functions?
Goal: Yes
Application Ref # 2009-JAGC-850
Contract -JAGC-SEMI- - -
Section #3 Page 1 of 2
Rule Reference 11D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
Section Questions:
Question: If "other" was selected for the geographic area, please describe.
Answer:
Question: If "other" was selected for location type, please describe.
Answer:
Application Ref # 2009-JAGC-850
Contract -JAGC-SEMI- - -
Section #3 Page 2 of 2
Rule Reference 11D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
General Financial Info:
Note: All financial remittances will be sent to the Chief Financial Officer
of the Subgrantee Organization.
Financial Reporting Frequency for this Subgrant: Quarterly
Is the subgrantee a state agency?: No
FLAIR /Vendor Number: 591026364
Budget:
Budget Category Federal Match Total
Salaries and Benefits $0.00 $0.00 $0.00
Contractual Services $0.00 $0.00 $0.00
Expenses $0.00 $0.00 $0.00
Operating Capital $9,276.00 $0.00 $9,276.00
Outlay
Indirect Costs $0.00 $0.00 $0.00
--Totals -- $9,276.00 $0.00 $9,276.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref # 2009-JAGC-850 Section #4 Page 1 of 3
Contract 2009-JAGC-SEMI-8-T7-
Rule Reference 11D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Lbw Enforcement
Justice Assistance Grant -County-wide
Budget Narrative:
Operating Capital Outlay Category
Approximately two (2) in-car camera systems at a cost of $4,638.00 each.
Total = $9,276.00
Any costs incurred over the grant award will be paid by the City of Winter Springs.
Application Ref # 2009-JAGC-850 Section #4 Page 2 of 3
Contract 2009-JAGC-SEMI-8-T7-
Rule Reference 11D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
Section Questions:
Question: Indicate the Operating Capital Outlay threshold established by the subgrantee.
Answer: $750.00
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: No
Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of
salaries and benefits), and provide documentation of the appropriate approval of this
plan.
Answer: N/A
Question: If the budget includes services based on unit costs, provide a definition and cost for
each service as part of the budget narrative for contractual services. Include the
basis for the unit costs and how recently the basis was established or updated.
Answer: N/A
Application Ref # 2009-JAGC-850
Contract -JAGC-SEMI- - -
Section #4 Page 3 of
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
Standard Conditions
Conditions of agreement requiring compliance by units of local government (subgrant recipients),
implementing agencies and state agencies upon signed acceptance of the subgrant award appear in
this section. Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding. Failure to comply with provisions of this agreement will result in
required corrective action up to and including project costs being disallowed and termination of the
project, as specified in item 17 of this section.
1. All subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance
Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines
and requirements and Florida laws and regulations including but not limited to:
• Florida Administrative Code, Chapter 11D-9, "Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program"
• Office of Management and Budget (OMB) Circular A-21 (2 CFR 220), "Cost Principles for
Educational Institutions"
• OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal
Governments"
• OMB Circular A-102, "Grants and Cooperative Agreements with State and Local
Governments"
• OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and
Cooperative Agreements"
• OMB Circular A-122 (2 CFR 230), "Cost Principles for Non-Profit Organizations"
• OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit
Organizations"
• 28 CFR 38, "Equal Treatment for Faith-Based Organizations"
• 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local
Governments" (Common Rule)
• 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)"
• 28 CFR. 18, 22, 23, 30, 35, 42, 61, and 63
• Public Law 109-162, Title XI-Department of Justice Reauthorization, Subtitle B-
Improving the Department of Justice's Grant Programs, Chapter 1-Assisting Law
Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program
and Local Law Enforcement Block Grant Program
• 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles of allowability and standards for selected cost items set forth in the OJP Financial
Guide, U.S. Department of Justice Common Rule for State And Local Governments and
federal OMB Circular A-87, "Cost Principles for Stater Local and Indian Tribal Governments",
or OMB Circular A-21, "Cost Principles for Educational Institutions".
b. All procedures employed in the use of federal funds for any procurement shall be according
to U.S. Department of Justice Common Rule for State and Local Governments, or OMB
Circular A-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement.
SFY 2009 Page 1
Rule Reference 11 D-9.006 OCJG-005 (rev. August 2008)
Edward Bvrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
3. Reports
a. Project Performance Reports -JAG Countywide Only
(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 31 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 JAG Countywide subgrant recipient shall have a choice of submitting either a
Monthly or a Quarterly Project Expenditure Report to the Department. Project
Expenditure Reports are due thirty-one (31) days after the end of the reporting
period. In addition, if the subgrant award period is extended, additional Project
Expenditure Reports shall be submitted.
(b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for
the entire subgrant period.
(c) 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.
(d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-
auditand post-audit.
(e) 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.
(f) 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 2009 Page 2
Rule Reference 11 D-9.006 OCJG-005 (rev. August 2008)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
submitting quarterly PGI reports until all funds are expended. (See Item 10, Program
Income. )
c. Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide, the
Common Rule, and OMB Circulars A-21, A-87, and A-110, or A-102 as applicable, in their
entirety.
c. All funds not spent according to this agreement shall be subject to repayment by the subgrant
recipient.
5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of subgrant Recipient Funds
subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
Advance Funding
a. JAG Countywide -Advance funding shall be provided to a subgrant recipient upon a written
request to the Department.
b. JAG Direct -The Department shall award program funds to the recipient in a single, lump
sum payment.
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.
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 FS 112.061.
SFY 2009 Page 3
Rule Reference 11 D-9.006 OCJG-005 (rev. August 2008)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
10. Program Income (also known as Project Generated Income)
a. All income generated as a direct result of a subgrant project shall be deemed program
income.
b. Any project that will potentially earn PGI must submit an 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 OCJG. 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
OCJG for transmittal to BJA.
11. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment
of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs)
for an eight-hour day. Approval shall be based upon the contract's compliance with requirements
found in the Financial Guide, the Common Rule, and in applicable state statutes. The
Department's approval of the subgrant recipient agreement does not constitute approval of
consultant contracts. If consultants are hired through a competitive bidding process (not sole
source), the $450 threshold does not apply.
12. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to FS 274.
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 OJP 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 OJP 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 aroyalty-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
SFY 2009 Page 4
Rule Reference 11 D-9.006 OCJG-005 (rev. August 2008)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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 OCJG 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
subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program-specific audit conducted for that year. The audit shall be performed in
accordance with the federal OMB Circular A-133 and other applicable federal law. The
contract for this agreement shall be identified in the Schedule of Federal Financial Assistance
in the subject audit. The contract shall be identified as federal funds passed through the
Florida Department of Law Enforcement and include the contract number, CFDA number,
award amount, contract period, funds received and disbursed. When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of FS
11.45, "Definitions; duties; authorities; reports; rules."; FS 215.97, "Florida Single Audit Act";
and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and
Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For-Profit Organizations."
A complete audit report that covers any portion of the effective dates of this agreement must
be submitted within 30 days after its completion, but no later than nine (9) months after the
audit period. In order to be complete, the submitted report shall include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is issued, unless extended in writing by the Department.
subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this
case, written notification, which can be in the form of the "Certification of Audit Exemption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt. This notice shall be provided to the Department no later than
March 1 following the end of the fiscal year.
SFY 2009 Page 5
Rule Reference 11 D-9.006 OCJG-005 (rev. August 2008)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or written notification of audit exemption should be sent to the
following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the
subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
18. Commencement of Project
a. If a project is not operational within 60 days of the original start date of the award period, the
subrecipient must report by letter to the Department the steps taken to initiate the project, the
reasons for delay, and the expected start date.
b. If a project is not operational within 90 days of the original start date of the award period, the
subrecipient must submit a second statement to the Department explaining the
implementation delay.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-
obligate subgrant funds to other Department approved projects. The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written adjustment to this agreement.
19. Excusable Delays
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, 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 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 Chapter 120,
Florida Statutes, 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 Chapter
120, Florida Statutes.
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 Chapter 119, Florida Statutes, 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 Chapter 435, Florida
Statutes shall apply.
All positions in programs providing care to children, the developmentally disabled, or
vulnerable adults for 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotline; and all persons working under contract who have
access to abuse records are deemed to be persons and positions of special trust or
responsibility and require employment screening pursuant to Chapter 435, F.S., 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 FS 397.334, "Treatment-Based Drug Court Programs."
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence System
The subgrant recipient agrees that any information technology system funded or supported by
OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Po-icies, if
OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be
applicable, OJP may, at its discretion, pertorm 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 OJP's 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. §
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
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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 DOJ. 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 DOJ, it must submit its plan to DOJ for
approval. A copy of the DOJ 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 EEOP requirement if it is
has fewer than 50 employees or if it does not receive any single award of $25,000 or more
from DOJ or if it is a nonprofit organization, a medical or educational institution, or an Indian
Tribe. If an organization is exempt from the EEOP requirement, it must submit an EEO
Certification to FDLE.
e. The subgrant recipient and implementing agency acknowledge that failure to comply with
EEO Requirements within 60 days of the project start date may result in suspension or
termination of funding, until such time as it is in compliance.
f. In the event a Federal or State court of Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
of the finding to the Office for Civil Rights, Office of Justice Programs.
34. Americans with Disabilities Act
subgrant recipients must comply with the requirements of the Americans with Disabilities Act
(ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the
basis of disability and requires certain accommodations be made with regard to employment
(Title I), state and local 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)
The subgrant recipient agrees to assist FDLE in complying with the NEPA and other related
federal environmental impact analyses requirements in the use of subgrant funds by the
subgrant recipient. This applies to the following new activities whether or not they are being
specifically funded with these subgrant funds. That is, it applies as long as the activity is
being conducted by the subgrant recipient or any third party and the activity needs to be
undertaken in order to use these subgrant funds,
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(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.
b. 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 DOJ in any preparation by DOJ 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 (Nonprocurement)" These procedures require the subgrant recipient to certify it shall
not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless
authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and
implementing agency certify that they and their principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department or agency;
b. Have not within athree-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
d. Have not within athree-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
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this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United
States Code. 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 Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69,
for persons entering into a grant or cooperative agreement over $100,000, as defined at 28
CFR Part 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.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Additional Restrictions on Lobbying
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of OJP.
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.
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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
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
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(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
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 limited English
proficiency (LEP). For more information on the civil rights responsibilities that recipients have in
providing language services to LEP individuals, please see the website at http://www.leq.gov.
44. The Coastal Barrier Resources Act
The subgrantee 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.
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 subgrantee assures that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating
Facilities and that it will notify the Department of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
47. Flood Disaster Protection Act
The subgrantee 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
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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. Public Safety Officers' Health Benefits Provision
The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits
Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in
compliance during the life of the grant. This provision requires that the unit of local government
which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime
Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires
or is separated from service due to injury suffered as a direct and proximate result of a personal
injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as
such terms are defined by State law) with the same or better level of health insurance benefits at
the time of retirement or separation as the officer received while employed by the jurisdiction. If
the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award
amount must be returned to the grantor.
51. 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.
52. National Information Exchange Model specifications
To support public safety and justice information sharing, OJP 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 http~//www niem gov/implementationquide.php.
53. Reporting, Data Collection and Evaluation
The subgrant recipient agrees to comply with all reporting, data collection and evaluation
requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant
(JAG). Compliance with these requirements will be monitored by BJA.
54. Privacy Certification
The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section
37898 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.
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55. 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 ojp usdoi gov/funding/funding.htm.
56. Interstate Connectivity
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA 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 BJA that this requirement would not be cost effective or would
impair the functionality of an existing or proposed IT system.
57. Supplanting
The recipient agrees that federal funds under this award will be used to supplement but not
supplant state or local funds.
58. 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.
59. 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.
60. 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.
61. 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
"Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department
of Justice grant awards of direct funding may not be used to fund any inherently religious
activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may
still engage in inherently religious activities, but such activities must be separate in time or place
from the Department of Justice funded program, and participation in such activities by individuals
receiving services from the grantee or asub-grantee must be voluntary. The Equat 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.
SFY 2009 Page 16
Rule Reference 11 D-9.006 OCJG-005 (rev. August 2008)
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CODE OF ORDINANCES ~'ity of WINTER SPRINGS, FLORIDA codified through Or... Page 1 of 4
CODE OF ORDINANCES
City of
WINTER SPRINGS, FLORIDA
Codified through
Ordinance No. 2008-07, adopted April 14, 2008.
Included in the Charter is:
Ordinance No. 2008-09, adopted May 27, 2008.
(Supplement No. 12)
Preliminaries
CODE OF ORDINANCES
CITY OF
WINTER SPRINGS, FLORIDA
Published by Order of the City Commission, 1989
Republished by Order of the City Commission, 2000
Published by Municipal Code Corporation
Tallahassee, Florida 2000
CURRENT OFFICIALS
of the
CITY OF
WINTER SPRINGS, FLORIDA
John F. Bush
Mayor
Robert S. Miller
Rick Brown
Donald A. Gilmore
Sally McGinnis
Joanne M. Krebs
City Commission
Ronald W. McLemore
Cify Manager
Anthony A. Garganese
City Attorney
http://library l .municode.com/default/DocView/12019/1 /2 8/1/2008
HK11l;Lh 1V. IrUV!/KN1N~i LiUllY Yage 3 of 6
government for all ceremonial purposes and by the governor for purposes of military law, but
shall have no administrative duties. The city commission shall elect from among its members a deputy
mayor who shall act as mayor during the absence or disability of the mayor, and if a vacancy occurs,
shall become mayor for the remainder of the un-expired term of the mayor.
The mayor shall not vote except in case of a tie vote of the commission. Within ten (10) days
after the adoption of any ordinance by the city commission, the mayor shall have the power to veto said
ordinance and return it to the commission at the next regular meeting with a written message. It shall
require the affirmative vote of four (4) commission members to pass the ordinance after the mayor's
veto.
Section 4.06. General powers and duties.
All powers of the city shall be vested in the commission, except as otherwise provided by law or
this Charter, and the commission shall provide for the exercise thereof and for the performance of all
duties and obligations imposed on the city by law.
Section 4.07. Prohibitions; holding other office.
(a) Holding other office. Except where authorized by law, neither the mayor nor any
commission member shall hold any other elected public office during the term for which the
mayor or commission member was elected. Neither the mayor nor any commission member
shall hold any other city office or city employment with the City of Winter Springs during the term
of office for which elected. No former mayor or commission member shall hold any
compensated appointive office or employment with the city until one year after the expiration of
the term for which the mayor or commission member was elected. Nothing in this section shall
be construed to prohibit the mayor or any commission member from selecting any current or
former mayor or any current or former commission member to represent the city on the
governing board of any regional or other intergovernmental agency, or to prohibit any former
mayor or commission member from serving as a member of city advisory boards and
commissions.
(b) Appointments and Removals. Neither the mayor nor any. commission member shall in any
manner control or demand the appointment or removal of any city administrative officer or
employee whom the city manager or any subordinate of the city manager is empowered to
appoint; but the commission may express its views and fully and freely discuss with the city
manager anything pertaining to appointment and rer~noval of such officers and employees.
(c) Interference with Administration. Except for the purpose of inquires and investigations
under section 4.11, the mayor and city commission shall not give orders to city officers and
employees who are subject to the direction and supervision of the city manager, either publicly
or privately, provided this prohibition shall not be construed so as to prevent the mayor and
commission members from communicating with the various officers and employees of the city,
as in the case of any other citizen of the city.
Section 4.08. Vacancies; forfeitures of office; filling of vacancies.
(a) Vacancies. The office of the commissioner or mayor shalt become vacant upon his death,
resignation, removal from office in any manner authorized by law or forfeiture of his office, or in
the event no one is elected to the office of mayor or commission member.
(b) Forfeiture of office. A commissioner or mayor shall forfeit his office if
(1) Lacks at any time during his term of office any qualificat' y this
http://libraryl.municode.com/defaultlDocView/12019/1/3/7 8/1/2008
Application for Funding Assistance `~ '~ °'
Florida Department of Law Enforcement ~~ ~: ~ ~ ~;';~3
~~; ~ ,
Justice Assistance Grant -County-wide
~~r
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
'State of Florida
Department of Law Enforcement
...Office of Criminal Justice Grants
Signature: ~~ ~ ~. ~~
Typed Name and Title
:ayton H. WNder, Adminlstatow
Date: g- 9• D $'
„Subgrant Reclplerit
`Authorizing OfficlaJ,pf Gover~m~nt~l Ur-1t
{Commission" Chairinara, Mayor, er beslgnat~tl Representative)
Typed Name of Subgr~t Recipient:_ CITY OF WII~I;, SPRINGS
Signature:
Typed Name and Title: DEPIITY MAYOR DONALD GILMORE
Date: J1 ~~
ImplementingLAgenCy
Official, Ac~minis~rator or Designated Representative
Typed Name of p menting
Signature:
Typed Name and Title:
Date: 01 O~
WINTER SPRINGS POLICE DEPT.
J. KERR, CHIEF OF POLICE
Application Ref # 2009-JAGC-850 Section #6 Page 1 of 1
Contract -JAGC-SEMI- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
~~NTER
~~ S~2
~ ~ CITY OF WINTER SPRINGS, FLORIDA
u ~
Incorporated
1959
1126 EAST STATE ROAD 434
FLORI~P WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
September 15, 2008
Dear City of Winter Springs Property Owner:
We appreciate your submittal of the City of Winter Springs Fire Rescue Service Assessment; however, we are
unable to accept these payments after the September 5, 2008 deadline. As such, check # 1531 in the amount of
$145.00 is being returned to you. Any unpaid balance will be billed on the November 2008 tax bill per the
notification Inailed on August 18, 2008.
Please contact Kevin Smith, General Services Director, with any questions at 407-327-1800 extension 247.
Thank you for your consideration in this matter.
Sincerely,
~°~
Michelle Greco
Finance Director