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HISPANIC OUTREACH CENTER PARTNERSHIPState 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-PINE-8-W7-297, in the amount of $ 100,000.00, for a project entitled, HISPANIC OUTREACH CENTER PARTNERSHIP, 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) Frank V. Hibbard, Mayor (Typed Name and Title of Official) City of Clearwater, FL (Name of Subgrantee) /-5-/O (Date of Acceptance) Rule Reference 11D-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 Clearwater Date of Award: Id - JAJ. A Grant Period: From: 10/01/2009 TO: 09/30/2010 Project Title: HISPANIC OUTREACH CENTER PARTNERSHIP Grant Number: 2010-ARRC-PINE-8-W7-297 Federal Funds: $ 100,000.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 100,000.00 CFDA Number: 16.803 Federal Award Number: 2009-SU-B9-0021 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. U Authoriz Official Clayton H. Wilder Administrator /?- ISI,aS Date V"(his award is subject to special conditions (attached). State of Florida Office of Criminal Justice Grant Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 SPECIAL CONDITION(S) / GENERAL COMMENT (S) Grantee: Office of Criminal Justice Grants Grant Number: 2010-ARRC-PINE-8-W7-297 Grant Title: HISPANIC OUTREACH CENTER PARTNERSHIP In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Condition(s)/General Comment(s): Ref# S12734: Prior to the drawdown of federal funds for flyers brochures/billboards/posters/other specific items the subgrantee must submit a copy of the item(s) to be published to the Office of Criminal Justice Grants. The flyers/ brochures/billboards/posters/other specific items must include the following statements: "This project was supported by Award No. 2009-SU-B9-0021 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." Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide Subgrant Recipient Organization Name: City of Clearwater County: Pinellas Chief Official Name: Frank Hibbard Title: Mayor Address: Post Office Box 4748 City: Clearwater State: FL Zip: 33758-4748 Phone: 727-562-4040 Ext: Fax: 727-562-4052 Email: frank.hibbard@myclearwater.com Chief Financial Officer Name: Margaret Simmons Title: Finance Director Address: Post Office Box 4748 City: Clearwater State: FL Zip: 33758-4748 Phone: 727-562-4538 Ext: Fax: 727-562-4535 Email: margie.simmons@myclearwater.com Application Ref # 2010-ARRC-222 Section #1 Page 1 of 2 Contract 2010-ARRC-PINE-8-W7-297 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 Implementing Agency Organization Name: City of Clearwater Police Department County: Pinellas Chief Official Name: Sid Klein Title: Chief of Police Address: 645 Pierce Street City: Clearwater State: FL Zip: 33756 Phone: 727-562-4343 Ext: Fax: 727-562-4339 Email: sidney.klein@myclearwater.com Project Director Name: Sid Klein Title: Chief of Police Address: 645 Pierce Street City: Clearwater State: FL Zip: 33756 Phone: 727-562-4343 Ext: Fax: 727-562-4339 Email: sidney.klein@myclearwater.com Application Ref # 2010-ARRC-222 Section #1 Page 2 of 2 Contract 2010-ARRC-PINE-8-W7-297 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 Project Information Project Title: HISPANIC OUTREACH CENTER PARTNERSHIP Subgrant Recipient: City of Clearwater Implementing Agency: City of Clearwater Police Department Project Start Date: 10/1/2009 End Date: 9/30/2010 Problem Identification The Spanish-English language barrier facing the City of Clearwater Police Department continues to present a serious challenge. The cultural barrier between the immigrant, largely Mexican Spanish speaking community, and the mainstream barrier is even harder to penetrate than the language barrier. Combined, these barriers have produced an isolated Hispanic community in Clearwater. Progress is being made by the partnership between the Clearwater Police Department and the Hispanic Outreach Center, but the situation requires ongoing and intensive worts. Numbers alone support that. The Hispanic community in Clearwater continues to be 18% of the total population in the City of Clearwater, or 20,000 people in a total population of 105,000. More than half of these are immigrant to the United States, and many of those are undocumented. Three challenges will be addressed in this application: 1. The need for Police Officers to have Interpreter services available to them within 20 minutes 2. The need that victims of crime have for reporting crime to a trusted place, and access to comprehensive Victim Advocacy services 3. Gang prevention services in Pinellas County Schools Evidence from the Clearwater Police Department and the Victim Advocates at the Hispanic Outreach Center indicates that there is a low reporting rate for crimes against immigrant Hispanic Latino residents. This population often gives police the wrong phone number and address at the scene of the crime. When the HOC Advocates follow up to offer victim services, less than 5% respond. More than 95% of the victims served at the Hispanic Outreach Center reported the crime directly to the Hispanic Center and/or the Police Office located on-site. Their fear and mistrust of authorities carries over from the home countries (largely Mexico), but is also based on the media coverage of raids and arrests conducted by Immigration and Customs Enforcement (ICE), in conjunction with local law enforcement agencies, throughout the Tampa Bay area. This is a national trend. From the Pew Hispanic Center's report "Hispanics and the Criminal Justice System: Low Confidence, High Exposure" dated April 7, 2009: Latinos' confidence in the U.S. criminal justice system is closer to the relatively low levels expressed by blacks than to the higher levels expressed by whites, according to a pair of nationwide surveys by the Pew Research Center. Six-in-ten (61 %) Hispanics say they have a great deal or a fair amount of confidence that the police in their communities will do a good job enforcing the law, compared with 78% of whites and 55% of blacks. Fewer than half of Latinos say they are confident that Hispanics will be treated fairly by the courts Application Ref # 2010-ARRC-222 Contract 2010-ARRC-PINE-8-W7- Section #2 Page 1 of 5 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 (49%) and police officers (45%). On three out of five confidence measures, immigrant Latinos report less confidence in the legal system than do native-born Latinos. Half (50%) of native-born Latinos report a great deal or a fair amount of confidence that police will avoid using excessive force on suspects, while 42% of immigrant Latinos express the same level of confidence. Fifty-one percent of native-born Latinos are confident that police will treat Hispanics fairly, compared with 40% of the foreign bom. Six-in- ten (60%) native-born Latinos feel a great deal or a fair amount of confidence that the courts will treat Hispanics fairly. In contrast, 42% of immigrant Latinos say the same. (page 2) Interpreter services: Thousands of the Spanish-speaking residents of the City of Clearwater have little or no ability to communicate effectively in English. Without a reliable method of providing interpretation, for both officers and residents, the ability of the Clearwater Police Department to deliver effective policing and crime prevention services is compromised. Victim Advocacy Services: The only accessible Bilingual certified victim advocacy service for victims of crimes is located at the Hispanic Outreach Center. Funding for the victim advocate at the Hispanic Outreach Center expires September 30, 2009. This position serves almost 400 victims each year, providing intensive services and case management to access benefits, attend court procedures, and in fact, identify crime. Of those victims referred by the Police Department, not more than 5 last year responded to offers of service. The victims served by the Victim Advocate come to the Hispanic Outreach center as the first point of contact. Despite aggressive recruiting efforts for Spanish-speaking police officers and civilian staff, the Clearwater Police Department has only 7 bilingual officers and 2 sergeants out of a total of 263 officers, and 2 Police Service Technicians (an increase of 3 officers since 2005). Police officers need interpreter; to address traffic stops and investigate criminal activity. Meaningful crime prevention education activities are impossible without interpreter services, There is only one Victim Advocate in the Clearwater Police Department, and he speaks English only. There are also insufficient resources within the Clearwater Police Department to accept reports in Spanish. Since 2000, the Clearwater Police Department has partnered with the Hispanic Outreach Center to provide interpreters and victim advocacy services. Regarding gang activity, there has been an exponential increase of youth gang activity in the Spanish speaking community in the past four years. Three gangs are significantly present: the North 14s, the 15th Street Gang, and the SUR 13s. The Youth Specialist for the Hispanic Outreach Center provides support groups for 68 Hispanic middle school students at Kennedy and Largo Middle. He reports that 100% of these students in all grades are aware of the gangs in the schools, the memberships of the gangs, and which students are affiliated with each gang. They know the territories of the gangs, and understand the threats/benefits posed by gang membership. The recruitment is high, and a large number of the students already are gang members or Application Ref # 2010-ARRC-222 Section #2 Page 2 of 5 Contract 2010-ARRC-PINE-8-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 are affiliated. During the school year 2007-08, Largo Middle School Principal Fred Ulrich credited the student support groups and the staff assistance provided by the HOC for the reduction of disciplinary incidents among Hispanic students by 50% over the previous year. The conversion of Kennedy Middle School to a fundamental school for 2009-10 means that most existing students at that school will be assigned to either Dunedin Middle School or Oak Grove Middle School next year. Oak Grove already has gang involvement from the North 14s and SUR 13. The introduction of a third gang will create serious problems for the school and for the students. The Youth Specialist will provide support groups for students at Oak Grove next year, and work closely with the Clearwater Police Department in whatever way is needed. The severity of the gang recruitment is that much of it starts in Elementary School. This grant proposes to create the position of Gang Prevention Specialist, and place that person in two Elementary schools in the Clearwater area: likely Skycrest and Eisenhower. Both schools have more than 30% Hispanic enrolment, and Eisenhower staff report that gangs are active there. Project Summary The goals of the program for FY 2009/10 are: a) to make it possible for the Clearwater Police Department to communicate effectively with unilingual Spanish speaking people; b) to assist Spanish speaking people to access the services and protections available to them; c) to offer education and information on Community Policing issues and laws and regulations affecting daily life in the United States; and d) to translate materials, and make Spanish language materials available in Spanish, which are informative about residents' rights and entitlements, and their obligations under the law. e) To provide a gang prevention program in 2 Pinellas County Elementary schools Annual Objectives for FY 2009/10: Interpreter Services Provide interpreters for 120 call-outs to police scenes Deliver training sessions for interpreters, in collaboration with the Clearwater Police Department, as needed during the year • Provide cultural training for Police Department personnel Victim Advocacy and Outreach Provide victim advocacy and support services for 75 victims of crime Provide 15 seminars and/or media spots on topics of interest, e.g. Crime prevention, Immigration, Family Law, Public Education System, Landlord-Tenant Law Host two Legal Clinics on immigration and other areas of law Provide crisis intervention, information and referral for 175 persons. Crime Prevention Education and Outreach • Provide a gang prevention program for 50 students of two Pinellas County Elementary Schools, in collaboration with the Clearwater Police Department Application Ref # 2010-ARRC-222 Section #2 Page 3 of 5 Contract 2010-ARRC-PINE-8-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 Referrals from the Clearwater Police Department - Provide crisis intervention, counseling, and advocacy services for 90% of those calls determined by Clearwater Police Department to be appropriate referrals for Victim Advocacy services. Document Translation `To provide translation for the Clearwater Police Department of videos, brochures, newsletters, and other material, utilizing the Advocacy Assistant and Interpreters. The Clearwater Police Department will be the implementing agency for this grant and will contract with Pinellas Core Management Services, the fiscal agent for the Hispanic Outreach Center. The location for this program will be at the Hispanic Outreach Center, 612 Franklin St., Clearwater, FL 33756, created in collaboration with the City of Clearwater Police Department. Pinellas Core Management Services (PCMS) is a 501-c-3 non-profit Administrative Services Organization, providing fiscal and human resources management for the Hispanic Outreach Center since October 1, 2008. Clearwater. The Hispanic Outreach Center is in the process of incorporating as an independent agency, but will continue to access the fiscal and HR agent services of PCMS throughout FY 2009-10. Application Ref # 2010-ARRC-222 Contract 2010-ARRC-PINE-8-W7- Section #2 Page 4 of 5 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 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: Yes 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: Yes Application Ref # 2010-ARRC-222 Contract 2010-ARRC-PINE-8-W7- Section #2 Page 5 of 5 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 Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 007 - Crime Victim and Witness Programs State Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State Initiatives Activity Description Activity: Gang Education Target Group: Juveniles Geographic Area: Citywide Location Type: School, Elementary Activity: Victim Advocate Services Target Group: Victims of Violence Geographic Area: Citywide Location Type: Neighborhood Center Activity: Crisis Intervention Target Group: Victims of Violence Geographic Area: Citywide Location Type: Neighborhood Center Activity Description Activity Description Activity Description Activity: Information and Referral Target Group: Victims of Violence Geographic Area: Citywide Location Type: Neighborhood Center Activity Description Activity: Interpreter Services Target Group: Other Geographic Area: Citywide Location Type: Neighborhood Center Target Group Questions: Application Ref # 2010-ARRC-222 Contract 2010-ARRC-PINE-8-W7- Section #3 Page 1 of 4 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 Target Group Questions: Question: Please provide the name of the target group. Answer: Spanish speakers with limited English proficiency Activity Description Activity: Interpreter Services Target Group: Law Enforcement Geographic Area: Citywide Location Type: Police Department Objectives and Measures Objective: 02.A.Sl - Number of local initiatives planned Measure: Part 1 Number of local initiatives planned Goal: 1 Measure: Part'2 Number of local initiatives to be implemented Goal: 1 Objective: 03.A.DS* - Number of individuals receiving services Measure: Part 1 Number of individuals to receive services during the grant period Goal: 420 Measure: Part 2 Number of individuals to receive services during each reporting period Goal: 105 State Purpose Area: REC - Recovery Act Measures Activity Description Activity: Recovery Act Target Group: Recovery Act Geographic Area: Citywide Location Type: Neighborhood Center Application Ref # 2010-ARRC-222 Section #3 Page 2 of 4 Contract 2010-ARRC-PINE-8-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 Objectives and Measures 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 Goal: 0 Measure: Part 3 Number of jobs to be created with Recovery Act funding Goal: 0 Application Ref # 2010-ARRC-222 Section #3 Page 3 of 4 Contract 2010-ARRC-PINE-8-W7- Rule Reference 11 D-8.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide 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: Hispanic Outreach Center Addressl: 612 Franklin Street Addressl: City: Clearwater State: FL Zip: 33756-5414 Congressional Dist: 09 Application Ref # 2010-ARRC-222 Section #3 Page 4 of 4 Contract 2010-ARRC-PINE-8-W7- Rule Reference 11D-9,006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide !i r 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: 596000289 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $100,000.00 $0.00 $100,000.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $100,000.00 $0.00 $100,000.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2010-ARRC-222 Section #4 Page 1 of 6 Contract 2010-ARRC-PINE$-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 Budget Narrative: Contractual Services $100,000.00 Victim Advocacy - Calculation of cost: 69% of salary ($29,635) + training ($200) + travel @$.55 x 50 mi/moxl2mo= $330 + office space ($3,000) = $33,165 annually/2080 hours = $15.94 per hour of unit service Crisis Intervention: 3 hours = 1 unit x $15.94 = $47.82 x 175 units = $8,368.50 Victim Services: 19.5 hours = 1 unit x $15.94 = $310.83 x 75 units = $23,312.25 Informational Seminars: 5.5 hours = 1 unit x $15.94 = $87.67 x 15 units = $1,315.05 Legal Workshops: 5 hours = 1 unit x $15.94 = $79.70 x 2 units = $159.4 Total: $33,155.20 Gang Prevention Specialist - Calculation of cost: 100° of salary ($43015) + training ($250) + travel @$.55 x 50 mi/moxl2mo= $330 + office space ($3,000) + computer/printer, software ($1,806.60) = $48,401.60 annually/2080 hours = $23.27 per hour of unit service School Liaison: 10.75 hours = 1 unit x $23.27 x 4 units = $1,000.60 Curriculum Development: 44 hours = 1 unit x $23.27 x 2 units = $2,047.76 Parent Consultations: 5.5 hours = 1 unit x $23.27 x 20 units = $2,559.80 Individual Student Meetings: 5 hours = 1 unit x $23.27 x 150 hours = $3,490.50 Student Group Sessions: 11 hours = 1 unit x $23.27 x 1,584 hours = $36,859.68 Parent Workshops: 19.5 hours = 1 unit x $23.27 x 4 workshops = $1,815.06 Training: JWB Youth Development Training = $150 2 additional trainings at $75.70 each = $151.40 Travel: 50 miles/month x 12 months @ $.55 per mile = $330 Total: $48,404.80 Interpreters 120 assignments @ $20/hour x 3 hours including travel time = $7,200 Cost per unit $60.00 x 120 units = $7,200 80 of the 120 assignments will be call-outs @ $50 per callout fee = $4,000 (i.e. emergency situtations such as accidents or homicides in the middle of the night) Cost per unit $50.00 x 80 units = $4,000 Application Ref # 2010-ARRC-222 Section #4 Page 2 of 7 Contract 2010-ARRC-PINE-8-W7-297 Rule Reference 11 x9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide Budget Narrative (Continued): Training: 24 hours training @ $10 per hour x 6 Interpreters Cost per unit $240 x 6 units = $1,440 Translation: 20 pages @ $40 per page = $800 Cost per unit $40 x 20 units = $800 Total: $13,440 Note: the funder for the remaining 29% of the Victim Advocate salary pays only salary and benefits, with no operating or other costs. Contract with Pinellas Core Management Services (PCMS): PCMS is the fiscal agent for the Hispanic Outreach Center, and provides the following on contract: HR = payroll, hiring, firing, personnel oversight Finance = accounts payable and receivable for the Hispanic Outreach Center, preparing reimbursement requests for grants, preparing financial reports, entering data into spreadsheets and funder systems IT = maintaining domain name, websde management, repair and maintenance of all staff computers, and troubleshooting email and other computer and system problems The standard rate charged by PCMS is 11 %, but was reduced to 5% for this grant. $100,000 x 5% = $5,000/12 months = $416.67 per month Cost per unit $416.67 x 12 units = $5,000 (rounded down) Application Ref # 2010-ARRC-222 Contract 2010-ARRC-PINE4-W7-297 Section #4 Page 3 of 7 Rule Reference 11 x9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide 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 Byme program? Answer: Yes Question: If benefits are to be included, are they reflected in the budget narrative? Answer: Yes Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefit's), 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: Victim Advocacy Services ? Basis for Unit Cost Crisis Intervention: Intake: 0.25 units Initial Assessment: 0.50 units Referrals: 0.25 units Follow Up on Referrals: 0.50 units Follow Up with Clients-Subsequent office visits and phone calls: 1.00 units Input on Data Base: 0.25 units Networking: 0.25 units Total: 3.00 hours x $15.94 x 175 clients = $8,368.50 Victim Services: Intake: 0.25 units Initial Assessment: 0.75 units Overview of Victims Rights, Victims Compensation, Safety Planning and Criminal Justice System: 1.25 units Police Report Request: 0.25 units Referrals: 1.00 units Follow Up on Referrals-Average of 10 phone calls and faxes per case: 3.00 units Follow Up with Clients-Subsequent office visits and phone calls: 4.50 units Court Hearings and travel time: 4.50 units File Input and Database input:4.00 units Total: 19.50 hours x $15.94 x 75 clients = $23,312.25 Informational Seminars: Finding and Scheduling a Speaker: 0.75 units Designing of a Flyer. 0.50 units Promotion and Advertisement-travel time, faxes, e-mails, phone calls: 1.00 Application Ref # 2010-ARRC-222 Section #4 Page 4 of -7 Contract 2010-ARRC-PINE-8-W7-297 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 units Room set up: 0.25 units Attendance to the Seminar: 3.00 units Total: 5.50 hours x $15.94 x 15 seminars = $1,315.05 Legal Workshops Scheduling with Gulfcoast Legal. Services: 0.50 units Designing of a Flyer: 0.50 units Promotion and Advertisement-travel time, faxes, e-mails, phone calls: 0.75 units Room set up: 0.25 units Attendance to the Workshop: 3.00 units Total: 5 hours x $15.94 x 2 workshops = $159.4 Training: 4 Social work practice and victim-oriented classes to retain certification as a Victim Advocate @ $30.000 = $120. 1 Human Trafficking training @ $80 = $80. Total = $200 Travel: 50 mi/mo x 12 months @ $.55 = $330 Office set-ups including office space, desks and chairs, intemet, telephone, office supplies, operating supplies, maintenance of equipment (computers, A/C, plumbing, electrical, liability insurance. $30,000110 staff altogether x 1 staff for this grant = $3,000.00 Gang Prevention Services - Basis for Unit Cost School Liaison: Meet with Principal: 1 hour Meet with teachers and Counselors: 4.0 hours Establish the methodology for student groups: 2.0 hours Develop timetable, provide to the school and obtain approval: 3.0 hours Travel time to meetings with school:.75 hours Total: 10.75 hours =1 unit x $23.27 x 4 units = $1,000.60 Curriculum Development: Study curriculum, and map out lesson plans, each semester x 2 semesters 44 hours = 1 unit x $23.27 x 2 units = $2,047.76 Parent Consultations (individual): Contact parent (multiple calls): 2.5 hours Meeting time including travel of 40 min: 3 hours Total for 20 parent consultations: 5.5 hours = 1 unit x $23.27 x 20 units : $2,559.80 Individual Student Meetings: Application Ref # 2010-ARRC-222 Section #4 Page 5 of 7 Contract 2010-ARRC-PINE-8-W7-297 Rule Reference 11 D-9.006 OUG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide Individual meeting with child, including travel time of 40 minutes: 1.5 hours Consult with school staff, before and after: 2.0 ConsUltation with other staff and referrals Total for 30 individual student meetings: 5 hours = 1 unit x $23.27 x 150 hours = $3,490.50 Group Student Sessions: Preparation, using Phoenix curriculum: 3.0 hours Providing group session, including 40 min travel time, room set-up, consultation with school officials: 3.0 hours Group file report, individual case notes, data entry: 5.0 hours Total: Group student meetings: 11 hours = 1 unit x $23.27 x 1,584 hours = $36,859.68 Parent Workshops: Find and schedule a location. 0.50 hours Design a flyer: 0.50 hours Promote and advertise: 0.75 hours Room set-up: 0.25 hours Prepare the content of the workshop: 3.00 hours Data collection and entry: 2.0 hours Contact parents: 6.0 hours Collaborate with school staff: 4.0 hours Participate in workshop: 2.5 hours Total: Parent Workshops: 19.5 hours = 1 unit x $23.27 x 4 workshops = $1,815.06 Training: JWB Youth Development training for working with children and youth in the target age group = $150 2 additional trainings related to gangs and working with police agencies @ $75.70 $151.40 Travel: 50 mi/mo x 12 months @ $.55 = $330 Office set-up including office space, desks and chairs, internet, telephone, office supplies, operating supplies, maintenance of equipment (computers, A/C, plumbing, electrical, liability insurance. $30,000/10 staff altogether x 1 staff for this grant = $3,000.00 Equipment and Software One computer, printer, and monitor for Gang Prevention Specialist ($1,100), plus Microsoft Office Professional ($706.60) Cost per unit $1,800 x 1 unit = $1,800 Application Ref # 2010-ARRC-222 Contract 2010-ARRC-PINE-8-VV7-297 Section #4 Page 6 of 7 Rule Reference 11 D-9.006 OCJC-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: $1,000 Application Ref # 2010-ARRC-222 Contract 2010-ARRC-PINE-8-W7-297 Section #4 Page 7 of 7 Rule Reference 11 D•9.006 OCJG-M (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 11 D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program" • Office of Management and Budget (OMB) Circular A-21 (2 CFR 220), "Cost Principles for Educational Institutions" • OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" • OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments" • OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" • OMB Circular A-122 (2 CFR 230), "Cost Principles for Non-Profit Organizations" • OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" • 28 CFR 38, "Equal Treatment for Faith-Based Organizations" • 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) • 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)" • 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63 • Public Law 109-162, Title XI-Department of Justice Reauthorization, Subtitle B- Improving the Department of Justice's Grant Programs, Chapter 1-Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program • 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions." b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement. SFY 2010 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 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 Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON-line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (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 Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and A-110, or A-102 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. S. 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 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 approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property 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 SFY 2010 Page 4 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 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 Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of § 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat. , "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For-Profit Organizations." b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. SFY 2010 Page 5 Edward 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 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, SFY 2010 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (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 SFY 2010 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 SFY 2010 Page 8 Edward Byrne Memorial Justice Assistance Grant Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (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 Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily- imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § SFY 2010 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice Non-Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith- based and community organizations). b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at http://www.ojp.usdoj.gov/about/ocr/eeop_comply.htm, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. e. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. f. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 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 SFY 2010 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On 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; SFY 2010 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant certifies that: (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 the Office of Justice Programs. SFY 2010 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 41. "Pay - to - Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine . Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessmentlimpact 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 SFY 2010 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at 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 http://www.lepoov. 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 of Law Enforcement Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit http://www.niem.-gov/implementationguide.php. 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. SFY 2010 Page 15 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 Florida Department of Law Enforcement "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See hftp://www.ojp.gov/abouttoer/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 Recovery and Reinvestment Act of 2009 t COnd 5 Special Recovery `Ac ition 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. 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, not of any subgrant recipient, contractor, or subcontractor lr.. eSee itemst award, including 23 and 24 of the Standard Conditions. The recipient also understands and agrees that FDLE, the Department of Justice, and the l e elated tot is Recovery Government A trlactor, osubcontr ctor regarding interview subg ant recipient, con 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. Page 1 SFY 2010 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recover 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). 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 Recover and Reinvestment Act of 2009 e-mail: oig_hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 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 Recovery 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 $2,000 for construction, alteration or repair (including painting and decorating). For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 14. NEPA and Related Laws .The subgrant recipient understands that all Office of Justice Programs awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The subgrant recipient agrees to assist the Office of Justice Programs in carrying out its responsibilities under NEPA and related laws, if the subgrant recipient plans to use Recovery Act funds to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App. D.) The subgrant recipient also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the.. activities to be funded under this award. See item 36 of the Standard Conditions. 15. Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. Page 4 SFY 2010 CATION A%!T-O' F9PI pkWW 00100 Ed"rd synmMuft"" at Low 'antom ant 6, Po lstancer, r?tant program Certificatlon soto, f 'al [3r©s$ R0v0"ues Recen?+ d The chief financial officer for subgrantee makes the following certifications: • The subgrantee in its pr l fiscal yew did'Nt3T receive 80 per ant or more of its annual gross revenue0ij , ? l rsl awards. AND/OR • The subgrantee in its prey ding fill year did NOT receive $25,gll10,000 or more in annual gross rev®nues frorn pgctPa1 A rds. Signature of Subgrantee Chief Fl"ancial Date %rgaret SiMMMS Types! Name of Subgvant 17iO'i*lnarrdai Officer Title of Subgrantee Chief) F aiiknol Officer City of Clearwater Name of Subgrantee percent or more Note: If the subgrantee in ita pr®cecling fiscal year BOTH received aq of its annual gross revenues,in Feder$l awards AND received $25, d D,000 or more in annual gross revenues from Fedal awards, then it must provide FD ,E with the names and total compensation ofthw'fiomop; highly compen cl officers' f the subgrantee. inLEJAI[i Ae - Page 1 ! r - (Rev. APVP 2009) Florida Department of Law Enforcement American Recovery Act - JAG Countywide 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 Qf; Qida , . A: Department of 1114-0 -:enforcement Office of Criminal. JusitGrans Signature: Typed Name and Title: H. Mder, Administrator Date: /? - /c/. pc ;x Subgrant` ,''iient Authorizing Official 'o c£??erlnMental Unit ' (Commission Chairman, Mayor, it ae?signated Representative) Typed Name of Subgran Recipient: City of Clearwater Signature: Typed Name and Title: Frank V. Hibbard, Mayor Date: Implenn'e s"'4 official, Admstrator Typed Name of Implem Signature: ?c Typed Name and Title: Date: i2ft a E' Representative ncy: Clearwater Police Department Sid Klein, Chief of Police 6-12-09 Application Ref # 2010-ARRC-222 Section #6 Page 1 of 1 Contract -ARRC-PINE- - - Countersigned: CITY OF CLEARWATER, FLORIDA ??.a•- ZA66!!?? By: ,any ??? Frank V. Hibbard William B. Horne II Mayor Approved as to form: (/?Jv?. '? )-'C? - - - Robert J urette Assistant ity Attorney City Manager Attest: Cy is E. Goudeau Ci lerk PINELLAS CORE MANAGEMENT SERVICES, INC. v ?0 By: Elise Minkoff Board Chairperson