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MUTUAL AID AGREEMENT FOR OPERATIONAL ASSISTANCE IN PROVIDING SECURITY FOR THE REPUBLICAN NATIONAL CONVENTIONMUTUAL AID AGREEMENT FOR OPERATIONAL ASSISTANCE IN PROVIDING SECURITY FOR THE REPUBLICAN NATIONAL CONVENTION TAMPA, FLORIDA, 2012 WHEREAS, the City of Tampa, Florida has been selected to host the 2012 Republican National Convention (RNC) during the week of August 26, 2012; and WHEREAS, the RNC has been designated a National Special Security Event due to the event's significance to the United States and the inherent challenge of ensuring the safety and security of all event participants; and WHEREAS, the RNC is expected to attract in excess of 15,000 persons who will engage in the enthusiastic exercise of their right of free speech; and WHEREAS, the United States Department of Justice has awarded a federal grant to the City of Tampa to help defray the expense of providing a secure venue for the RNC delegates and for ensuring the opportunity for the lawful exercise of constitutional rights by all persons; and WHEREAS, the Hillsborough County Sheriff's Office has partnered with the Tampa Police Department in all aspects of providing security for the RNC; and WHEREAS, in addition to the commitment of the Hillsborough County Sheriff's Office, law enforcement officers from al1 levels of government throughout the State of Florida will be needed to provide law enforcement services for the event; and WHEREAS, law enforcement agencies providing personnel for the RNC are considered to be subrecipients of the federal grant and eligible for reimbursement for personnel and other costs subject to the terms of both this agreement and the grant; and WHEREAS, Florida Governor Rick Scott will execute an executive order in advance of the RNC to activate the Florida Mutual Aid Plan pursuant to Florida Statutes Chapter 23, Part I, thereby conferring upon participating law enforcement agencies jurisdiction for all officers for all activities related to the RNC; and WHEREAS, Florida Statutes Chapter 23 further provides authoriTy for law enforcement agencies to enter into written mutual aid agreements including operational assistance agreements pursuant to Florida Statute § 23.1225(1)(b) for assistance in the management of an emergency as defned in Florida Statute § 252.34. Now, therefore, in consideration of the mutual covenants expressed herein the undersigned parties agree as follows: 1. Parties This agreement is entered into between the City of Tampa, Florida and each respective agency ar entity identified on the list attached hereto as Appendix 1. The various covenants of this agreement run between the City of Tampa and the individual listed entities, not between or among the entities themselves. Nothing in this agreement shall be interpreted as creating any rights in any third party. 2. Applicability This agreement applies to the RNC to be held primarily in Tampa, Florida scheduled for the calendar week commencing August 26, 2012, including an event at Tropicana Field in St. Petersburg on that date. The agreement applies where specifically set forth to RNC preparation activities and to RNC clean-up activities requiring law enforcement personnel. This agreement will apply to all RNC activities occurring after the calendar week specified above in the event the RNC is postponed due to 2 weather or for any other reason. For activities directly connected with RNC security, this agreement temporarily supersedes any existing interlocal agreement or memorandum of understanding between the City of Tampa and any of the parties hereto to the extent of any conflict between the respective agreements. 3. Requested Operational Assistance The City of Tampa and the Tampa Police Department (TPD) hereby request the operational assistance of all agencies and entities listed in attached Appendix 1 for RNC security planning, training, execution and post-event law enforcement operations. a. The Tampa Police Department is utilizing the •�'ponder website and program for planriing and coordination with all assisting agencies. All agencies should already be familiar with and are encouraged to use E•Sponder for communications with TPD related to the RNC. b. Although assisting agencies are being asked for firm commitments of personnel, TPD recognizes that circumstances may require assisting agencies to deviate from the committed number of officers. The final decision of the number of officers to be dedicated to the RNC by each individual participating agency rests solely with the respective sheriffs and chiefs. However, all participating officers will be issued individual credentials and receive specialized training and instructions. Many officers will be issued fitted equipment and uniforms purchased especially for the individual officer. Accordingly, it is important that officers committed to the RNC security 3 endeavor be available for the entire event. TPD will continuously monitor circumstances and will release officers from RNC duty as quickly as possible. c. Assisting agencies will, or have, advise(d) TPD of the specific number of personnel and the type of specialized equipment each agency will commit to the RNC. Agencies may provide officers only or may provide officers and supervisors. Prior to the event, agencies will be advised of the specific assignments allocated to their respective personnel. Whenever practical, direct supervision of an individual agency's personnel will be accomplished by or through that agency's own supervisors when such supervisors are provided. However, due to the scale of the event and the large number of assisting agencies participating, at times it is likely that supervision will occur or direction will be given by supervisors of another agency. Prior to the event, each participating officer will be aware of his or her specific chain of command. In any case, overall control of all law enfarcement activities will be the responsibility of the Tampa Police Department and the Hillsborough County Sheriff's Office. d, No participating law enforcement officer will be ordered, required or requested to perform any act that would be prohibited by that offcer's own agency's rules and regulations. Assisting agency personnel will, or have, receive(d) training specific to their assigned function. Issues regarding conflicts in rules and regulations or preferred response to anticipated situations should be raised during the training. 4 e. Pursuant to the Governor's Executive Order and F.S. § 23.1225(5)(a), all members of the assisting agencies when providing operational assistance in support of RNC security outside of their jurisdictional limits but inside the State of Florida shall have the same powers, duties, rights, privileges and immunities as if the member was performing duties inside the member's own jurisdiction. All of the privileges.and immunities from liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other beneiits which apply to the activity of such members when performing their duties within the territorial limits of inember's agency apply to the member to the same degree, manner, and extent while engaged anywhere in the state in the performance of the member's duties extraterritorially in support of, or connected with, the RNC security mission. 4. Federal Grant Requirements Attached hereto as Appendix 2 and incorporated herein is a copy of the United States Bureau of Justice Assistance grant which is the primary source of funding for RNC security operations. All law enforcement agencies providing personnel and equipment in support of RNC security are considered subrecipients under the grant and subject to certain Special Conditions specified on pages two through fve of the grant. Except for conditions which by their nature apply exclusively to the grant recipient (City of Tampa), subrecipients must scrupulously adhere to the requirements of the Special Conditions. Although all the Special Conditions are material to this agreement, among the most significant for subrecipients are: 5 S.C. #2: Equal Employment Opportunity Plan (EEOP) requirements: Agencies expecting to be reimbursed for expenses exceeding $25,000 and which have 50 or more employees must have an EEOP and make the appropriate certification. The certification form is attached hereto as Appendix 3. S.C. #5: Duty to report fraud, conflict of interest, bribery, gratuity or similar misconduct involving grant funds. S.C. #18: All grant draw downs are reimbursement-only basis. S.C. #20: No supplanting of local or state funds. As primary grant recipient and pursuant to Special Condition 21, the City of Tampa is obligated to ensure the compliance of all subrecipients with all applicable Special Conditions. 5. Certification of Non-supplanting By execution of this agreement, all participating agencies and entities certify that grant funds received pursuant to this agreement will not be used to supplant local and/or state funds 6. Reimbursement of Personnel Costs a. The City of Ta�npa will reimburse assisting agencies for specified personnel expenses in conformance with the requirements of the federal RNC grant. Because of the strict non-supplanting rule, agencies must request reimbursement of personnel costs based upon one of the following models: A. Assisting agencies that do not have actual jurisdiction in the City of Tampa may request reimbursement of salary costs for all hours � assigned and worked by their personnel as RNC security (both straight time and overtime) or B. Agencies having actual jurisdiction inside the City of Tampa may request reimbursement of salary costs for all overtime hours assigned and worked by their personnel as RNC security and overtime incurred as necessary backfill. "Salary Costs" includes straight time or overtime at the hourly rate of the officer assigned plus Medicare (1.45%), FICA (6.2%), and the agency's actual pension contribution. No other fringe benefits will be reimbursed. "Personnel" means sworn certified law enforcement officers and supervisors of any rank who are assigned and present in support of the RNC mission, and sworn certified corrections personnel required above normal staffing. "Hours Assigned and Worked" means the actual scheduled hours assigned to each officer in support of the RNC mission and actually worked by the officer during the event. b. Agencies having actual jurisdiction in Tampa will absorb all costs for their own assigned personnel for the first forty (40) hours of the respective officers' work week during the RNC. Overtime personnel costs for hours worked beyond forty (40) hours during the RNC will be reimbursed to those agencies pursuant to the terms (specifically Model B) contained herein. c. All assisting agencies will be provided with an electronic form for collecting data necessary for reimbursement. The forms should be completed by each assisting agency and returned to the Tampa administrator specified on the 7 form by October 1, 2012. The City of Tampa will make every effort to process the forms and remit payment within 35 days of receipt of the reimbursement request and supporting documentation. Administrative costs including planning and fscal functions will not be reimbursed. d. All assisting agencies must provide payroll verification documentation, certify the accuracy of the reimbursement request, and maintain all supporting documentation for a minimum of seven years. Assisting agencies specifically agree to cooperate with any required audit relating to the federal RNC grant and further agree to reimburse the federal government for any payments received which are subsequently deemed ineligible by any future federal audit. e. Officers from assisting agencies will be housed and fed under arrangements made by, and directly paid for by, the City of Tampa. Accordingly, no housing costs or per diem will be paid to assisting agencies. Exceptions to this policy may be made for officers who are required to arrive in the Tampa area prior to the effective date of housing and feeding arrangements. £ Depending on the availability of funding, agencies whose personnel participate in extensive (more than 40 hours) training may apply for reimbursement of salary costs incurred on an overtime basis for RNC specific training. 7. Liability Insurance The City of Tampa will obtain a law enforcement liability insurance policy with a coverage limit of $10,000,000 (ten million dollars) insuring all assisting agencies, 8 and all participating law enforcement and corrections personnel in their individual capacities, while acting within the scope of their employment, against job-related liability claims including torts and constitutional allegations unless the assisting agency or law enforcement and corrections personnel acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety or property. The policy will have a$25,000 per claim retention amount which will be paid by the City of Tampa as necessary. Legal defense of claims and all claims processing will be provided by the City of Tampa or by the insurer. The City of Tampa shall have the exclusive right to negotiate and settle claims within policy or retention limits. All assisting agencies agree to cooperate fully in the processing of liability claims to include, without limitation, forwarding to the City of Tampa or otherwise providing effective notice of all claims or notice of events foreseeably resulting in a claim, providing documents or other potential evidence and ensuring the availability of employees for deposition and trial. Nothing in this agreement shall be interpreted as waiving or modifying the provisions of Florida Statute Section 7.68.28. Workers' Compensation The City of Tampa will obtain workers' compensation insurance coverage applicable to all participating law enforcement and corrections personnel for full workers' compensation costs mandated by Florida Statutes Chapter 440. Prior to the event, all assisting agencies will receive a packet describing the claims process created by the insurer. Coverage will be � effective July 1, 2012 in order to cover event training and will continue through all necessary cleanup. 9. Term This agreement shall be effective as to an individual entity upon complete execution of this agreement by that entity and the City of Tampa. All operational assistance commitments will cease with the release of each agency's respective personnel from RNC security duty. Covenants and responsibilities articulated herein which are necessarily ongoing in nature including, without limitation, financial obligations and records retention requirements, shall survive and remain effective following termination of the operational assistance commitment. 10 Mutual Aid Agreement Requested Operational Assistance C 2012 IN WITNESS WHEREOF, the parties hereto cause these presents to be signed on the date specified. CITE' OF TAMPA AT EST: j Bob Eucichorn, Mayor -Iriv Cleric Date f� PROVED AS TO FO SanP- olf star ----� I�iristant sbe ger Chi Police As City ttprney ASSISTING AGENCY: If STATE AGENCY: Siam (Person authorized to contractually bind agency) Print Title Date If SHERIFF'S OFF'ICE: Sign � (Sheriff or Authorized Designee) Print Title Sheriff, County Date 11 Signature Page — Mutual Aid Agreement, Requested Operational Assistance RNC 2012 Countersigned: '�i��(c �C�t�� George N. Cretekos Mayor Approved as to form: � Robert J. tte Assistant Ci Attorney CITY OF CLEARWATER, FLORIDA By: ��,�2��:�. /�. ,��--�r William B. Horne II City Manager Attest: Rosemarie Call City Clerk 12 AGENCY POINT OF CONTACT POINT OF CONTACT E-MAIL Alachua City PD Lt. Chad Scott cscott@cityofalachua.org Alachua County SO Chief Deputy David Huckstep dhuckstep@alachuasheriff.org Auburndale PD Deputy Chief Chris Nelson cnelson@auburndalefl.com Bartow PD Lt. Gary McLin gmclin.pd@cityofbartow.net Bradenton Beach PD Lt.lohn Cosby jacbbpd@hotmail.com Bradenton PD Chief Michael Radzilowski m.radzilowski@cityofbradenton.com Brevard County SO Major Mike DeMorat michael.demorat@bcso.us Brooksville PD Captain Rick Hankins rhankins@ci.brooksville.fl.us Broward County SO Major Kevin Tyrie kevin_tyrie@sheriff.org Cape Coral PD Lt. Anthony Sizemore asizemore@capecoral.net Charlotte County SO Lt. Darrell Caparo & Sgt. Rick Goff dcaparo@ccso.org / rgoff@ccso.org Citrus County SO Captain Mike Richie mrichie@sheriffcitrus.org Clearwater PD Deputy Chief Sandra Wilson Sandra.Wilson@MyClearwater.com Collier County SO Chief 1im Bloom jim.bloom@colliersheriff.org Dade City PD Chief Ray Velboom rvelboom@dadecityfl.com Florida Department of Captain George LaMont george.lamont@dep.state.fl.us Environmental Protection Florida Highway Patrol Captain Robert S. Duncan robertduncan@flhsmv.gov Florida Office of Agricultural Captain Glenn Kramer Glenn.Kramer@freshfromflorida.com Law Enforcement Fort Myers PD Lt. Jim Mulligan jmulligan@fmpolice.com Gainesville PD Major Rick Hanna hannarw@cityofgainesville.org Gulf Port PD Chief Robert Vincent chief@gulfportpolice.com Haines City PD Captain Brian McNulty bmcnulty@hainescitypd.com Hernando County SO Captain William Beetz bbeetz@hernandosheriff.org Hillsborough County SO Colonel Ed Duncan eduncan@hcso.tampa.fl.us Kissimmee PD Captain Warren Shepard wshepard@kissimmee.org Lake County SO Sgt. Ralph McDuffie ralph.mcduffie@Icso.org Lake Wales PD Deputy Chief Troy Schulze tschulze@cityoflakewales.com Lakeland PD Lt. Stephen P. Walker steve.walker@lakelandgov.net Lee County SO Major Gene F. Sims gsims@sheriffleefl.org Leesburg PD Captain Rob Hicks Robert.Hicks@leesburgflorida.gov Manatee County SO Major Dennis P. Dummer dennis.dummer@manateesheriff.com Marion County SO Lt. Dennis McFatten DMCFATTEN@MARIONSO.COM North Port PD Captain Lee Leirmann Iliermann@northportpd.com Ocala PD Captain Mike Scroble MScroble@ocalapd.org Ocoee PD Deputy Chief Steven Goclon sgoclon@ocoee.org Orange County SO Major Danny Vereen danny.vereen@ocfl.net Orlando PD Captain Carl Metzger Carl.Metzger@CityofOrlando.net Osceola County SO Captain Robert L. Yawn II byawn@osceola.org Oviedo PD Chief Jeffrey Chudnow jchudnow@cityofoviedo.net Palm Beach County SO Captain Robert Allen allenrl@pbso.org Palmetto PD Lt. Scott Tyler styler@palmettopolice.com Pasco County SO Lt. Troy Fergueson tfergueson@pascosheriff.org Pinellas County SO Cpl. Ernie Armistead earmistead@pcsonet.com Plant City PD Captain Steven Singletary ssingletary@plantcitygov.com Polk County SO Major Michael Pruitt mpruitt@polksheriff.org Punta Gorda PD Captain Thomas Lewis tlewis@pgorda.us Sarasota County SO Major Kevin Kenney kkenney@scgov.net Sarasota PD Captain Jeffrey Karr Jeffrey.Karr@sarasotagov.com Seminole County SO Lt. Mike Weippert mweippert@seminolesheriff.org St Cloud PD Deputy Chief Vinny Shepard vshepard@stcloud.org St Petersburg PD Major Melanie Bevan melanie.bevan@stpete,org Tarpon Springs PD Captain Jeffrey P. Young jyoung@tspd.us Temple Terrace PD Deputy Chief Bernard Seeley bseeley@templeterrace.com USF PD MajorJD Withrow jwithrow@admin.usf.edu Volusia County 50 Captain Eric Dietrich edietrich@vcso.us Waldo PD Chief Michael Szabo szabo@waldo-fl.com Winter Haven PD Captain David Brannan dbrannan@mywinterhaven.com Winter Park PD Captain Jess Johnson jjohnson@cityofwinterpark.org Winter Springs PD Captain Kevin L. Presley kpresley@winterspringsfl.org � . � . 1 � � � I nepartment of J�stice ,- � Offica of Justice Programa � Office of the Assistant Attorney (kneral }pqAhrrigwn, D.C. 20537 Ma�h 30, 2012 1'he Honorable Bob Buckhorn City of Tampa 306 E. Jackson Street Tampe, FL 33b02-4832 Dear Mayor Buckhom: On behalf of Attomey Cfeneral Eric Hoider, it is my pleas�re to i�ocm you d�at the Officx of Juatice Progtams has approved your application for fitnding under the P'Y 12 Solicited ia the amount of $49,850,000 for City of Tampa Enclosed you will find the Giant Award and Specia] Condidons docaments. This awerd is subject m all administradve and fu�ancial requinments, including the timely submission of all financial and programmaticrepoRS, resolution of all interim audit 5ndings, end the maintenance of a minimum level of cash-on-hand, Should you not adhere to these requirements, you will be ia violation of the tenns of this agreement and tt►e award will be subject ta tam�ination for cause or other administrative action as appmpriau. If you have quesdons regarding this award, please contact: Program Questions, Sufanio Hazris, Program Manager at (202} 305-8069; and - P'inancial Questions, the Office of the Ct�iaf Financial Officer, C�stomer Service Center (CSC) at {800) 458-0786, or you may contact the CSC at esk.ocfo�usdoj.gov, Congratulations, and we look forward to working with you. Sincerely, ����,:�� - Ntffiy Lou L�y - Acting Aasistent Attomey Qeneral Enclosures Department of Justice Office of Jusdce Programs Bnreau oi Justice Assistance PAOS 1 OF 5 Grant 1. R8C�I6M' NAME AND ADDR&SS (Includiog Zip Code) 4. AWARD NUMBER: �l2-NC-BX-3Q70 CSty of Tampe 306 E Jackson Street 5. PROJECL' PBRIOD: FROM iQ�01/ZOL L TO 09/3012012 Tampa, FL 3360Z-4832 BUPCiET PERIOD_ FROM l01O11201 I'PO 09/30/2012 5. AWARD DATE 03/30l20L2 7. A4T10N lA. ORANfEE IRSNffi�IDOR NO. B. SUPPIEMBNT NUIvEBER �t�� 59110i139 00 4. PR&V[OUS AWARD AMOUNT $ 6 3. PROJECI' TITLE 10. AMOUNT OF THIS AWARD S 49,850,000 Securiry Suppmt for the FY 7Al2 P[esidentlat Namineting Convention . 11. TOTAL AWARD S 49,850,ODQ 12. SPECIAL CONDITIONS THE ABOVE aRANT PROSEC'C IS APPROV� SUB7ECT TO SUCH CONAITfONS OR LIhd7'ATIONS AS ARE SEf FORTH ON'[E� ATfACi�D PAdE(S)• l3. STATOTORY AUTHORITY FOR Oi2ANT 1Uia project is apporoed under FYl2(SJA • Prasidential Nominuing Conveotio�) Pub. L No. l 12-55,125 Stet. SS2, 625 I5. MHS'HOD OF PAYMFNf OPRS A(iFNCY APPROYAL GRANCBE ACCSP'fANCB 16. TYPBD MAME AND TiTL& OF APPROVING OPFIC W., 18.'CYPED NAM& AND 7'LTLE OF AUTHORIZBD GRANTEE OFFiCIAL Mary Loa I,aty Bob�Bucl�om Acting Aesiazuu AtWrney Qenual �Y� l7. S[aNATURE OP APPROVINO OFPICIAL l9. SIQNA7'(1RE OF AUTHOR178D RECIP1FNNf OPFICfAL S9A. DATE "' ;`�t�.i.1���.� �' '. . . . � .. �. A6ENCY US8 OM.Y 2b. ACCOUNTING CLASSIFiCATlON CODBS 21. IZCUOT0012 FISCAL FUND BUD. DN. YEAR CODB ACT. OFC, RfiO. SUB. POMS AMOUNT X B ZC 80 00 00 49850000 O!P FORM A000/2 (REV. 5-87) PREVIOUS mY110N5 ARE OBSOLETE. O]P FORM 4000/2 (RBV. 4-88) Depaztment of 7ustice Office of Justice Programs Bareaa of Justice Assistance PROJECT NUMBER 2012-NC-HX-3070 AWARD CONTINUATION SHEET Grant AWARD DATE 03/30/20[2 SPECL4L CONDTI70NS PAOE 2 OF 5 1. The t'ecipient sgrees to comply with the financial and administrative requirements set forth in the ct►a�ent edidon of the Office of Justice Pn�gtams (OJ�) Financial Ciuide. 2, The recipient acknowledges that failure to submit an acceptable Equsl Employment Qppmtunity Plan (if recipient is c'equired to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assuraaces and may resuIt in suspension or +��++��on of funding, until such time as the recipient is in compliance. 3. The recipient agrees Lo comply with the organizational audit requuements of ONlB Circuiar A-i33, Audits of Statcs, Local Govamments, and Non-Profit Organizations, aad fu�ther understands and egrees t6at funds muy be withheld� or other rolated requirements may beimposed, if outstanding audit issues (if any) &om OMB Circute� A-133 audits {and any other audits of OJP graat funds) aze not satisfacto�ily and prompdy addressed, as further desctibed in the current edition of the OJP Finsncisl'Duide. 4. Recipient understands and agrees that it cannot use any federal funds, eithcr directly or indirecdy, ia support of the enacdment, iepeal, modification or adoption of any 1aw, regulation or policy, at any level of govecnment, without the express prior written approvai of OJP. 5. 3'he tecipient mnst prompdy refer to the DOJ OIG atty csedible evidence that a principal, employcx, agent, contrsctor, subgantee, subcontractor, or othet pason has eit6er 1) submitted e false claim for graat funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of iaterest, bribery, graurity, or similar misconduct involving grsnt fuads. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or miaconduct should be reported to the OIG by - mail: Office of the Inepector Genecai U.S. Department of Jusflce lnvestigations Division 9SO Ponnaylvania Avenue, N.W. Roam 4706 Washington, DC 20530 e-mail: oig.hodine�usdoj.gov hotline: (contact information in Fi�glish aAd Spaniah): (SOQ) 869-4499 or hoUine fax: (202) 516-9881 Additional i�ormation is available from the DOJ OIG website at www.uadoj.gov/oig. 6. Recipient undeastands and ag�ees that it cannot use any federnl fuads, either diractly or indirectly, in sup�ttt of any contract or subaward to either the Association of Commumty Organizations far Reform Now (ACORI� or its subaidiariea, without the express prior written approval of OIP. 7. T6e recipient agrees to comply with any a�itional requirements that may be imposed during the grant performance pariod if the egency detenmines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70. orn Poxns aooaz �xev. ase) Depaztment of 7ustice Office of 7ustice Programs Bnreau of Justice Assistance PROIEGT AI[IMBPR 2012-NC-BX-3070 awaRn coNrnvuATTON SHEET Grsni AVJARD DATE 03130i2012 SPBCIAL CONDTl70NS PA(}E 3 OF 5 8. The ncipient agtees to oomply with applicable aquirements regerding Central Conttactor Registradon (CCR) and applicable restrictions on subawards to first-dec subrecipients that do not acquin and provide a Data Universal Numbering System (DUNS) number. The details of tecipient obligations are posted on t6e Office of Justice Progrems web eiu at hapJ/www.ojp.gov/funding/ccr.htm (Awazd condition: Cena�al Contractor Registration and Universal Identifier Requiromente), and are incorporated by reference hece. Tlvs special condition does aot epply to an award to an individual who received the award as a natuial peison (i.e., unrelated W any business or non-profit organization that he or she may own or operate in his or her name). 9. P�rsuant W Executive Order 13513, "Fedecal l.eadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, ?A09), the Departtnent encouragea cecipients and sub recipients to adopt and enforoe policies banning employees from te�ct messaging while dtivi[tg any vehicle during the cowse of peafrnming work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other ouueach to dxrease crashes caused by distracted dtivecs, 10. 1'he recipient agrees to comply with applicab3e requirements to report first-der subawards of 525,000 or more and, in certain M+�+�±±±etancea, to report the names and total compensation of tha five most highiy compansated execudves of the recipient and first-tier subeeciQienta of award funds. Such data will be submitted tn the FFATA Subawerd Reporting Sysum (FSRS). The details of recipient obligations, wluch derive from the Fedzral Funding Accountabiliry and Transparency Act of 20(16 (FFATA), are posted on the Office of 3ustice Programs web siu at http://www.ojp,gov/funding/ffata.htm (Award wndition: Repordng Subawards and Executive Compensation), and at�e incorpora[ed by reference here. TLis condidon, and its reporting requuzment does not apply ro grant awazds made to an individuel who n�cxivod the award as a natural person (ie., unreiated to any business or non-profit organization that he oi she may own operate in his or her name). 11. With respect to this award, federal fuads may not be used to pay cash compensation {salary pIus bonuses) to any employee of the award ncipient at a rate that exceeds I I096 of the msximum annual salary payable to a member of the federal government's Senior Exscufiva Service (S&S) at an agency with a Ceitified SES Performance Appraisal Sysum for that year. (An award recipiem unay compensate an employee at a higher rate, provided the amount in excess of this companaation limitation is paid with non-Pederal funds.) This limitation on compensarioQ rates allowable under this award may be waived on art individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 12. The recipient agroea that all income generated av a direct result of this award shall be deemed pmgam income. All progcam income sarned must be accounted for and used for the purposes of funda provided under this awazd, including such use being consistent with the condidons of the awazd, the effective edition of the 07P Fiaancisl Cruide and, as applicable, either (1) 28 C.F.R. Part b6 or (2) 28 C.P.R Part 70 and 2 C,F.R. Pert 215 (OMB {�ulair A-110). Further, the use of program income must be reported on the quarterly Federal Financial Report, SF 425. 13. Approval af this award dces not indicate approval of any consuItaat rate in excess of 5450 pes day, A deteiled jusdfication must be submitted to and approved by the Office of Justice Programs (OJP) progam of&ce prior to obligation or expenditure of such funds. 14. All contracts undar this award should be competidvely awarded ualess circumstances preclude comperition. When a eoatract amount exceeds $I00,000 and thero has been no competiaon for the award, the recipient must comply with rules governing sole so�rce pmcu�ement found in the cu�rent ediCion of tha OJP Financiel Guide. OlP FQRb1400N2 (REV. 4-88) Depaitmextt of lustice Office of Jusflco Programs Bareau of Justice Assistance PRO7ECT NUMBHR ZOL�NC-BX-307Q AWARD CONTINUATION SH�ET Grsnt AWARp DATE 03/3012p12 SPECIAL CONDTI70NS PAGB 4 OF S 15. The recipient agrees that it will submit quarnrly financial status reporta to OIP on-line (at 6ttps://grants.ojp,usdoj.gov) using the SF 425 Federal Financist Report form (available for viewing at www.whitehouse.gov/omhJgrants/standard_forms/ff_aport,pd�, not lata thatt 30 days after the end of each calendat quarter. The fiatl report shall be submitted not later then 90 days following the end of the award period. 16. The recipient shall submit semiannual progress reports. Progness reports shall be submitted wichin 30 days after the md of the reporting petioda, which ane June 30 and ikcember 31, for the life of d1e award. Ti�ese reports will be submitted to the Officc of Justice Programs, on-line tdrough the Intemet at hups://granta.ojp.usdoj.gov/. 17. The recipient agrees that it wiU submit monthly status repotts to OJP on-line as an attachment to a Program Office Approval Grent Adjusmtent Notice ((3AI�I), not later than 15 days after the ead of each calendar month. These reports should provide a list of expendihues by budget categary m dau, as approved in the application budget or subau�uent budget revision GAN. Additionally, the reports ahould describe any projected delays w the project, or actual delays to date. 18, The recipient agrees to complete all gtant draw dawns oa a reimbursement-anly basis. I9. All revisions to the budget, whether within a line ium or across budget categories, must be submitted for prior approval by OIP. A budget modification Grant Adjustment Nodce (GAI� must be submitted once these revisions aro determined by the recipient and no grant funds may be obligated or expanded on new budget ioems until the (3AN is approvcd. 20. Any and all Memoranda of Understanding (iV10[J) entered into by and between the Host City and any and all other J���� �SeBed in the pecfoimance of work under this gant should include a cerQfication by those participating jurisdictions affirmatively acimowledging granY funds will not be used to supplant local and/or state funds. More information about supplantiag can be found in the OJP Financial Guide - http://www,ojp.osdoj.gov/financialguide/PDFs/OCFO�O11FinancialGuide.pdf. 21. Tha recipient agcees to moniwr subawards under this award in accordance with atl applicable statute.c, reguFations, OMB circulars, and guidelines, including the OJP Pinencial Duide,.aud to include die applicable conditions of this award in any subaward. The recipient is �e;sponsible for ovecsight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of funds by subrecipients. T'he recipient agrees to submit, upon request, documentation of its policies and procedures for monitaring of subawards uader this award. 22. The recipienf must submit a certificatioa to BJA that all grant-funded equipmcnt has beea purchased and is aIready operational as of the date of the certi$cation. The certificatian must be zecezved by BJA no later than fourteen (14) calendar days prior ta the commencement daee of t6e Presidential Nominating Convenflon with respect to wluch the grant is made. No funds awarded under this gcanc may be obligated, expended or drawn down W cover costs for any equipment that is not covered by the certification. 23. At teast thirty (30) days paior to t6e commencement of the Presideadal Nominating Convention, the recipieat must submit to the BJA, documa�tation that idenlifies by name, all stau and local law enfo�ement agencie�urisdictions that the iecipient anricipates to ieiroburse with grant funds for security and relsted costs, including overtime, essociated with the Pnsiden6al i�Tominating Convention. No gcant funds may be used for reimbursemenc of a state or local law enforcement ageacy/jurisdictioa which is not included on this liat, without specific approval by the BJA Director. T6e BJA Dire�tor maintains the right to d�y reimbursable expenditu:rs inc�tred by the grantee if the expendit�txes aro otherwise ineligible for roimb»�+++�nt under any other applicable statuu, rogulation or award provision. aie soxM aaoaz cRev. a-aa� Depar�ent of Justice Office of Justica Programs Bareau of ,�ustice Assistance PROJECT NUMBSR 2012-NC-BX-3070 AWARD CONTINUATION SHEET Grant AWAAD DA1E 03/3QP2612 SPECIAL COND7170NS PAG6 5 OF 5 24. The grantee shall make its unclesaified operational secudty plan, including any amendmenta thereto, aveilable for inspecdon by designated BJA oflicials, during site visits conducted by BJA, or upon reques[ by, and for review by, t6e B7A Dinector. 25. The recipient understands and eclmowledges that for purpos�s of this award, food and! or beverages expenses are deemed reasonable and allowable only to the extent that: 1) such coats are dinctly related to law enfoice�nent aad releted securiry operations asaociated wit6 the Pmaidendal Canttidate Nomineting coaventEon; (2) such costs hnve been � specifically included in the budget approved by OJP; (3) such costs a�e consistent with threshold limits established by OJP in the Financial Quide; and (4) actuat costs relsted to food and beverage are ropocted direcdy to 03P after the convention. The recipient may not expend funds for food and/or beverage expenses that ane related to other : conferences or meetings, or are otfierwise dcemed umeasonable or unallowable by BJA and/or OTP's Office of the � Chief Financial Officer (OCFO). ?b, The recipient acknowledgos �at five percent (5 %) of the total award amount will be withheld unti190 days prior to the award end date. To mmove this withhold'eng condition, the recipient must aubmit Lo BJA for 3ta review and approval, a timeline for the closute of the �t, along with an ass�uence by the gantee that all documents neoeasary far closeout will be submitted no laber thsa 90 days after tha award end date. Tho grantce will also submit, along with the timeline end necessary cloaeout documents, a list of alt remaining expenditures (designated by appmved budga catcgory) plannod for the with6eld funds. The granue aiso agrees to submit any other supporting dacumcatation deemed naxssary by BJA prior to the release of tlu withheld funds. BJA will issue a Grant Adjustrnent Notice to remove this condirion only upon its receipt and appmval of this additional documentation. No portion of du five pem.ent in withheld funds may be ezpended or drawn down unti] the recipient receives nodce of this GAN approval. 27. The recipient cannot expend or draw down any funda relatsd ta budgeted items totaling $1,339,940 for specialty velricles ualess and until these itemc are approved by the BJA Director, in the event these requested itecns are not approved, the grant recipient agr�es to ezpedidously submit to the program office a revised budget plan {either in whals or in part) for such unallowed costs. Revised budgets wiIl be subject to the review and approval of both the progcam of6ce and the Office of the Chief FSnancial Officrs (OCFO). The recipient may not ezpend ar draw down these funds until a Graut Adjustrnent Notice (GAI+� has been iasued removing this special condition, 28. The recipi�nt agras to cooperate with any assessments, narional evaluation efforts, or information or ciata collection requests, including, but not liarited m, the provision of any informadon mquued far the assesament or evaluation of any ecrivitics widria this project. 29. Tlu recipient shall not expend aa� draw down any budgoted funds related w food aad bevcragc itcros totaling $1,065,894 unril these items az�e justifed and approved by BJA. In the event these requesud items are not approved, t6e grant tacipiont agroes to expeditiously submit to the progiam office a revised budgtt plan (either in wholc or in part) for such unallowable costs. Revised budgets will be subject to the �view and approval of both the program office and the Offiee of the Chiaf Financial Officer (OCFO). The recipient may not expend or draw down these funds unlil a Grant Adjustme;nt Notice (GAIV) haa bxn issued removing t6is special condition. 30, The award recipient agrees to provi� a fair and transparent process for other jurisdictions that are hosting official Convcntion evcnts, or providing agreed upon mutual as4istance to the hoat city, to receive reimbursement for reasonable security-related coats from thc appmpriated funds; az►d disburae gac►t funds to all authoriud mutual aid pa�tnars involved in law enforcement and related aecurity activities in a timely mann�. BJA reserves the right to freeze grant funds via a Grant Adjusm�cnt Notice at any tirae during the course of this award if any part of this special condition is not adheied to by the award recipient orn aoxn� aooan l�v. �-ee� Re�ipient Name and Address: Grant Title: Contact Person Name and Title: CERTIFICATION FORM Crrant Aiumber: Award Amount: Phone Number: ( ) Fedoral regulations require recipienis of financial sssistance from the Office of Justice Programs (OJP), iis component agencies, and the Office of Commuaity Oriented Policing Services (COPS) to prepare, maintain on fie, submit to OJP for review, and implement an Equal Employmeat Opportunity Plan (EEOP} in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from a!1 of the BEOP requiremeata. Other recipients, according to the regul�tions, arust prepare, maintain on file and implemeat an EEOP, but they do not need to anbm'st the EEOP to OJP for review. Recipients that clairn a complete exempdon from the EEOP requiremeat must compFese Section A below. Recipients that claim the limited exemptioa from the submission requirement, must completc Section B betow. A recipient should complete either Section A or Section B, not both, If a recipient receives multiple O7P or COPS grants, piease compiete s form for each grant, easuring that any EE�P recipient certifies as completed and on £le (if appliceble) has been prepared within two years of the latest grant. Please send the completed form(s) to the �ffice for Civil Rights, Office of Justice Programs, U.S. Department of JusHce, SIO 7`" Sueet, N.W., Washington, D.C. 24531. For assistance in completing this form, please call {202)307- Q690 or TTY (202) 3U7-2427. Section A- Declaration Claiming Complete Exemntion from the EEOP Requirement P�e�e �he�k att rhe boxes rhar pppty. o Recipient has less than 50 employees, ❑ Recipient is an Indian tribe, a Recipient is a non-protit organization, � Recipient is an educational institutioa, or ❑ Recipient ia a medical institution, ❑ Recipieni is receiving an award less than $25,000 I� [responsible official], certify that [recipientj is not required to prepaze an EEOP far the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that [recipientj will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the deiivery of services. Print or type Name and Tttle Signatnre Date Section B- Declaration Claimiag Exemption from the EEOP Submission Reauirement and Certifying That an EEOP Is on File for Review. Tf a recipient agency has 50 or more employeea and is receiving a aingle award or subaward for $25,000 or more, but (eas then 5500,000, then the recipicnt ageacy does not have to subrnit an EEOP to OJP for review as long as it certifiea thc fo(lowing (42 C.F.R. § 42.305): I, [responsible offlcial], certify that �e [recipientj,which has 50 or more employees and is receiving a single award or subaward for $25,400 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I fuither certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on fi1e in the office of: [organization], $t [address],for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Offsce of Justice Programs, U. S. Department of dustice, as required by relevant laws and regulations. Print or type Name and Title OMB Approval No. 1121-0140 Facpiracion Date; 32/31/12 Signature Aate �^�