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HomeMy Public PortalAbout13-8691 Purchae Field Force Equipment from Worldwide Tactical LLC Sponsored by: City Manager RESOLUTION NO. 13-8691 A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE FIELD FORCE EQUIPMENT FROM WORLDWIDE TACTICAL LLC AS THE LOWEST QUOTER UTILIZING EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) #2010-DJ-BX-1337 FUNDS PAYABLE FROM ACCOUNT NUMBER 29-529832, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka was awarded the Edward Byrne Memorial Justice Grant Award No. 2010-DJ-BX-1337 for the purchase of tasers and related police equipment which expires on September 30, 2013; and WHEREAS, a change order was recently approved on September 5, 2013 to purchase field force equipment instead; and WHEREAS, each officer will receive a field force equipment package to be prepared for emergency situations relative to officer safety, i.e. civil unrests (riots), weather occurrences, etc.; and WHEREAS, due to the constraints of time, the City Manager has under oath, affirmed that a competitive bidding process requesting sealed bids may have jeopardized compliance with the grant; and WHEREAS, quotes for 50 units were received from local police equipment vendors: Lou's Police Distributors ($45,592.30), 911 Store ($55,397.00), Harrison's ($41,706.50), and Worldwide Tactical LLC ($30,800.00); and WHEREAS, Worldwide Tactical LLC provided the lowest cost, and Resolution No. 13-8691 WHEREAS, the City Commission of the City of Opa-locka desires the City Manager to purchase this emergency police equipment for all officers utilizing grant funds. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka, Florida, hereby directs and authorizes the City Manager to purchase emergency police equipment from Worldwide Tactical LLC at a cost of $41,888.00 for 68 units, payable from account number 29-529832, A BUDGE"I I,D I"1,I M. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 25`f' day of September, 2013. r'r'4 ' TAYLOR MAYOR Attest to: anna Flores ity Clerk Approved as to orm d legal su' "ency: lii2. Jos-7.h . - er G ENSP$ON MARDER PA Ci y, Attorney 2 Resolution No. 13-8691 Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 3 Gp ": �OAp Oil AE 0 T City of Opa-Locka Agenda Cover Memo Commission Meeting 09/25/2013 Item Type: Resolution Ordinance Other Date: X (EnterXin box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterXin box) Yes No (EnterXin box) X Public Hearing: Yes No Yes No (EnterXin box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) 29-529832 (Enter X in box) BUDGETED Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (EnterX in box) N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (EnterX in box) specific objective/strategy this item will address) Enhance Organizational 0 Bus.&Economic Dev 0 Public Safety 0 Quality of Education El Qual.of Life&City Image 0 Communcation 0 Sponsor Name City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE FIELD FORCE EQUIPMENT FROM WORLDWIDE TACTICAL LLC AS THE LOWEST QUOTER UTILIZING EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) #2010-DJ-BX-1337 FUNDS PAYABLE FROM ACCOUNT NUMBER 29-529832, BUDGETED ITEM Staff Summary: The City of Opa-locka was awarded $45,112 from the Edward Byrne Memorial Justice Assistance Grant (JAG). These dollars are to be used for the purchase on police equipment. The grant approved a change in the scope of the equipment for which the City had originally applied. We will instead purchase equipment for emergency situations relative to officer safety, i.e. civil unrest (riots), weather occurrences, and requests to assist other agencies under Mutual Aid Agreements/Memorandums of Understanding. Each officer will be receive an emergency package that includes riot helmet and shield, 24" baton, protective riot gear, knee and elbow guards, and groin and thigh protection. Quotes were received and 911 Store was the lowest. Approval. (1) Quotes from three vendors: Lou's Police Distributors, 911 Store, Harrison Uniforms, and Worldwide Tactical LLC. (2) Resolution Numbers 10-8145 and 10-8090 (3) Email from Grantor approving change in equipment (4) Edward Byrne Memorial Justice Assistance Grant(JAG) agreement#2010-BJ-BX-1337 .f afy Ira a 8124] (gicinCH. tgkeidas Al Memorandum TO: Mayor Myra L. T,ylor Vice-Mayor oseph Kelley Commissioner imot i (Holmes Commissioner D I rot 1, ohn o n Commissioner L 's l. .n 'ag FROM: Kelvin Baker, Sr. , City Manag DATE: September 24, 2013 RE: Resolution: Purchase of Police Equipment Utilizing Byrne Grant Funds Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO PURCHASE FIELD FORCE EQUIPMENT FROM WORLDWIDE TACTICAL LLC AS THE LOWEST QUOTER IN THE AMOUNT OF $30,800.00 UTILIZING EDWARD BYRNE MEMORIAL JUSITCE ASSISTANCE GRANT (JAG) #2010-DJ-BX- 1337 FUNDS PAYABLE FROM ACCOUNT NUMBER 29-529832, BUDGETED ITEM Description: The City of Opa-locka was awarded $45,112 from the Edward Byrne Memorial Justice Assistance Grant (JAG). These dollars are to be used for the purchase on police equipment. The grant approved a change in the scope of the equipment for which the City had originally applied. We will instead purchase equipment for emergency situations relative to officer safety, i.e. civil unrest (riots), weather occurrences, and requests to assist other agencies under Mutual Aid Agreements/Memorandums of Understanding. Each officer will be receive an emergency package that includes riot helmet and shield, 24" baton, protective riot gear, knee and elbow guards, and groin and thigh protection. Financial Impact: $30,800 payable from account number 29-529832 Implementation Timeline: Immediately Legislative History: Resolution Numbers 10-8145 and 10-8090 Recommendation(s): Staff recommends approval. Analysis: The City received three quotes from local police equipment suppliers: Lou's Police Distributors $45,592.30 911 Store $55,397.00 Harrison Uniforms $41,706.50 Worldwide Tactical LLC $30,800.00 Worldwide Tactical LLC was the lowest. Attachments: (1) Quotes from three vendors: Lou's Police Distributors, 911 Store, Harrison Uniforms and Worldwide Tactical LLC. (2) Resolution Numbers 10-8145 and 10-8090 (3) Email from Grantor approving change in equipment (4) Edward Byrne Memorial Justice Assistance Grant (JAG) agreement #2010-BJ-BX-1337 PREPARED BY: Jeffrey Key, Chief of Police Clancy Huckleberry, Executive Secretary Faye Douglas, Budget Administrator Loch O ly ( ®:g.V' G'aka �irr af4' '+ 997arrecht STATEMENT UNDER OATH OF CITY MANAGER REGARDING FACTS AND CIRCUMSTANCES RELATING RELATING TO NON-COMPETITIVE BIDDING PROCESS I, Kelvin L. Baker,Sr., state and attest that: (1) Sec. 2-319 (a) of the City of Opa-locka Code of Ordinances state "No purchases of commodities may be made when the purchase price thereof is in excess of five thousand dollars ($5,000.00) unless made upon competitive bids received except: (1) If the City Manager shall maintain that an emergency exists in regard to the purchase of any commodity, so that the delay incident to giving opportunity for competitive bidding would be detrimental to the interests of the City..." (2) The FY 2010 Edward Byrne Memorial Justice Grant award to the City was originally funded for the purchase of tasers and related police equipment. However, based on discussion with the Chief of Police, it was determined that purchase of field force equipment (riot gear) to outfit every police officer was more important. A change in the scope of the grant was submitted to the U.S. Department of Justice requesting a change from tasers to field force equipment (riot gear). The City received an approval to change the scope of the grant on September 5, 2013. (3) Considering the grant expires on September 30, 2013 and the last City Commission meeting prior to that date was scheduled for September 25, 2013, it was determined that a competitive bidding process to receive sealed bids may exceed the time remaining. Instead, staff requested that local police equipment vendors send a quote for the items requested. Each vendor was asked to send a quote for the same ten (10) items. (4) I h' st. :ment under oath, I affirm a delay in purchasing these items may have put the City in jeopardy of )2sirant. a 4 Subscribed and sworn to before me this Kelvii L. Baker, Sr.City Manager 25th day of Septemb- , 2013. Date: September 25, 2013 /� L // N a ry 'u b l i ostY"D� P DOUGLAS * `,; * MY COMMISSION it DD 962152 EXPIRES:February 16,2014 ‘14 oe Bonded Thru Budget Notary Services My Commission txfes: I..lie 1r4 s't ?i l'..:c1?';pint_1?,. i-ht "3::'.ti 3 .tsi A 1:111 W N. OIL usamor TI L LLC '411P' 1/111 9/24/13 Faye Douglas—City of Opa-locka Formal price quotation Qty DESCRIPTION Per Unit Cost Total 50 Riot Shield 20x36x1.25" Mfg by SAFE-PRO -model SP20 $83.00 $4,150.00 50 Riot Helmet with Face Shield Mfg by Safariland/Hatch—ModelTR1001 $96.00 $4,800.00 50 24"Straight baton Mfg by Hamburger Woolen—Model NSJ24 $19.00 $950.00 $191.00 $9,550.00 50 Upper Body and Should protection Mfg by Worldwide Tactical—Model WWTT003 Elbow& Forearm protection Thigh&Groin protection Shin Guard $191.00 $9,550.00 50 Gas Mask Mfg by Mestel Safety—Model SGE/400/3 Gas Mask Filter 50 Black Nylon Bag to carry gear Model WWTT003a $36.00 $1,800.00 Total $30,800.00 Worldwide Tactical LLC • 925 41st Street Suite 106, Miami Beach, FL, USA 33140 • PH: 305- 534-0777 / FX: 305-534-1297 HARRISON UNIFORMS 3420 NW 7th St Miami FL 33127 305-642-1820 fax 305-642-1886 DATE 5-Jun-13 ORDER FORM AND QUOTE Account#: Agency:Opa Locka PD Address: City,State,Zip: Phone: Model# Description Qty Size Price Ext Price ECB100 ExoTech Upper body&Shoulder-black 50 $144.85 $7,242.50 ETP-200 Thigh and Groin 50 $50.86 $2,543.00 EFP-150 Elbow&Forearm 50 $31.55 $1,577.50 TS70 Shin Guards 50 $43.68 $2,184.00 E4 Riot bag to hold all of above 50 $50.58 $2,529.00 TR1000 Riot Helmets-Polycarbonate half shell w/sizing strips&3M face shield 50 $137.75 $6,887.50 1001 Riot Batons-PR24 50 $37.28 $1,864.00 2036H Riot Shields-Clear Peacekeeper I ambidextrous handle 20X36-POLICE 50 $152.58 $7,629.00 Honeywell Gas Masks 50 $145.00 $7,250.00 Honeywell Gas Mask Filter 50 $40.00 $2,000.00 Total $41,706.50 Authorized Signature: Andrew Camacho Date: LOU'S POLICE DISTRIBUTORS, INC. 7815 West 4th Avenue HIALEAH,FL 33014 TEL : 305-416-0000 •FAX: 305-824-9205 EMAIL: REINIER @LOUSPOLICE.COM (CITY OF OPA-LOCKA POLICE DEPT. ATT Quotation# Ouotation Date 92013SD September 20, 2013 FOB Dept/Req#Terms Lou's Police Supply Item Qty Description Per Unit Ext PAUBS-1 50 RIOT SHEILD 20X36X1.25" WITH POLICE 96.98 4,849.00 MAXRDTAC 50 RIOT HELMET WITH FACE SHIELD 98.98 6,433.70 ROT10150 50 24"STRAIGHT BATON 10.98 713.70 HATECB100 50 UPPER BODY AND SHOULDER 129.98 8,448.70 HATEFP150 50 EXOTECH ELBOW&FOREARM 32.98 2,143.70 HATETP200 50 EXOTECH THIGH&GROIN 51.98 3,378.70 HATTS70 50 TS70 HARDSHELL SHIN GUARD 43.98 2,858.70 SPE763000 50 SPERIAN OPTIFIT GAS MASK 149.98 9,748.70 SPE168800 50 SPERIAN GAS MASK FILTER 49.98 3,248.70 BLA20CZOOBK 50 CZ GEAR BAG BLACK NYLON 57.98 3,768.70 Lou's Police Distributors,Inc. Total 45,592.30 911 Store Firearms — Survival Equipment -Training 2231 Hollywood Boulevard Hollywood, Florida 33020 Phone: (954) 922-9258 Fax: (954) 922-7009 Email: FL911 Store @aol.com Price Quote Riot Equipment-Gas Masks Opa Locka Police Department September 24, 2013 Opa Locka Police Department 2495 Alibaba Avenue Opa Locka, Florida 33054 Phone: (305) 681-1033 Attention: Michelle Fink Det. R. Benedict MFink @Opalockapd.com (954) 610-9250 (305) 409-4355 Description of items and price quote Item #1 MSA Protective Riot Gas Mask Model No: MSA Millennium CBRN/Riot Control Gas Mask Cost per unit: $ 399.95 Total cost for 50 units $ 19,997.50 Opa Locka Police Price Quote on Equipment Damascus Equipment Page 2 Item #2 MSA Protective Riot Gas Mask Filters Extra filters for gas mask Model No: MSA CBRN Canister 10046570 Cost per unit: $ 51.70 Total cost for 50 units $ 2,585.00 Item #3 Riot Helmets with Protective Face Shield Model No: Premier Crown 906 Riot Helmet PC-9065 Cost per unit: $ 124.95 Total cost for 50 units $ 6,247.50 Item #4 36" Wooden Riot Baton Model No: Riot Wooden Baton Cost per unit: $ 21.50 Total cost for 50 units: $ 1,075.00 Item #5 Riot Shields Model No: Paulson Rectangular Body Shields Riot Protection Cost per unit: $ 158.95 Total cost for 50 units: $ 7,947.50 Item #6 Damascus Protective Riot Gear (Turtle shell suit) Imperial Model with shoulder pads Cost per unit: $169.00 Total cost for 65 units: $8,450.00 Opa Locka Police Price Quote on Equipment Damascus Equipment Page 3 Item #7 Damascus Knee guards Neoprene Imperial Model TE962 Cost per unit: $29.95 Total cost for 50 units: $1,497.50 Item #8 Damascus Elbow guards: Imperial Model Cost per unit: $21.99 Total cost for 50 Units: $1,099.50 Item #9 Damascus Groin and Thigh Protection Imperial Model Cost per unit: $129.95 Total cost for 50 units: $6,497.50 Cost per Officer: $1,107.94 Cost for 50 Officer: $55,397.00 Price quote is good for 90 days. Sincerely, Walter Philbrick Resolution 10-$090 (JAG)Grant Program: Local Solicitation for the amount of Forty-Five Thousand One Hundred-and Twelve Dollars($45,112.00). Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 23 day of June ,2010. 0[14.440 ....... _ , r JOSEPH L. KELL MAYOR A •- if IlliErAllt!III".- II- ►, ' S. Irby City Jerk Approved as to form and legal • I '-ncy: iti (luff ' +',•. S. Ge er Ci'' Attorney Moved by: Johnson Seconded by: Tay 1 or Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: vps Vice-Mayor Taylor. YES Mayor Kelley: YES 7492112 vl fir` rr Sponsored by: City Manager RESOLUTION NO. 10-8145 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA TO AUTHORIZE THE CITY MANAGER TO ACCEPT THE DEPARTMENT OF JUSTICE FY10 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG), LOCAL SOLICITATION IN THE AMOUNT OF FORTY-FIVE THOUSAND ONE HUNDRED AND TWELVE DOLLARS ($45,112.00), WITH THE CITY OF OPA-LOCKA'S MATCHING FUNDS OF TWO THOUSAND FIFTY-EIGHT DOLLARS AND FORTY-FIVE CENTS (2,058.48), PAYABLE FROM ACCOUNT NUMBER 36-521644; PROVIDING FOR INCORPORATIONS OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the U. S. Department of Justice awards the Edward Byrne Memorial Justice Assistance Grant(JAG); and WHEREAS, funds from the JAG Program will be used to purchase Public Safety Equipment for the City of Opa-locka; and WHEREAS, the City of Opa-locka will use the JAG funds to purchase a Taser Dataport Download Kit, thirty (30) Tasers, including 15-foot air cartridges (yellow blast door), sixty (60) 21- foot air cartridges (silver blast door), one (1) air cartridge with alligator clips, and thirty (30) extended digital power magazines; and WHEREAS,the City of Opa-locka will purchase with the JAG funds one (1)Traffic/Speed Trailer; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to accept the Department of Justice FY10 Edward Byrne Memorial Justice Assistance Grant of$45,112, and the City of Opa-locka will match funds in the amount of$2,058.45: NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY CONLMIISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Naso Resolution No. 10-8145 Section 2. The City Commission of the City of Opa-locka, hereby authorizes and directs the City Manager to accept the Edward Byrne Memorial Justice Assistance Grant (JAG) Grant Local Solicitation in the amount of Forty-Five Thousand One Hundred-and Twelve Dollars ($45,112.00), with the City of Opa-locka's matching funds in the amount of Two Thousand Fifty- Eight Dollars and Forty-Five Cents (2,058.48),payable from Account Number 36-521644. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 13`h day of October,2010. JOSEPH L. KELL +.Y MAYOR Attest: Deborah Irby City Clerk Approved as to-form and legal sufficiency: Moved by: HOLMES Seconded by: JOHNSON Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: NOT PRESENT Mayor Kelley: YES Delia Rosa Kennedy From: Charmaine Parchment Sent: Monday, September 23, 2013 12:38 PM To: Delia Rosa Kennedy Subject: FW: Change Project Scope GAN has been Approved Original Message From: Charmaine Parchment Sent: Monday, September 09, 2013 4:09 PM To: Delia Rosa Kennedy Subject: FW: Change Project Scope GAN has been Approved FYI Original l\'i*ssage From: donot-reply @ojp.usdoj.gov [mailto:donot-reply @ojp.usdoj.gov] Sent: Thursday, September 05, 2013 3:15 PM To: Charmaine Parchment Subject: Change Project Scope GAN has been Approved The request for Change Project Scope GAN for 2010-DJ-BX-1337 has been approved. Please access GMS for more information regarding GAN Number 006. 1 Department of Justice Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington,D.C. 20531 September 10,2010 Chief Cheryl Cason City of Opa Locka 777 Sharazad Boulevard Opa Locka,FL 33054-3109 Dear Chief Cason: On behalf of Attorney General Eric Holder,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 10 Edward Byrne Memorial Justice Assistance Grant(JAG)Program Local Solicitation in the amount of$45,112 for City of Opa Locka. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: - Program Questions, Stefanie Harris,Program Manager at(202)305-8069;and - Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask.ocfo @usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, James H.Burch II Acting Director Enclosures Department of Justice Office of Justice Programs Bureau of Justice Assistance PAGE 1 of 5 �� Grant 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2010-DJ-BX-1337 City of Opa Locka 777 Sharazad Boulevard 5.PROJECT PERIOD:FROM 10/01/2009 TO 09/30/2013 Opa Locka,FL 33054-3109 BUDGET PERIOD:FROM 10/01/2009 TO 09/30/2013 6.AWARD DATE 09/10/2010 7.ACTION 1A.GRANTEE IRS/VENDOR NO. 8.SUPPLEMENT NUMBER Initial 596000434 00 9.PREVIOUS AWARD AMOUNT $ 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $45,112 Opa-Locka Traffic Safety and Non-Lethal Alternatives Project 11.TOTAL AWARD $45,112 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FY10(BJA-JAG)42 USC 3750,et seq. 15.METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL James H.Burch II Cheryl Cason Acting Director Chief of Police 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. JDJUGT3374 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 45112 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. Department of Justice Office of Justice Programs AWARD CONTINUATION $ = Bureau of Justice Assistance SHEET PAGE 2 OF 5 Grant PROJECT NUMBER 2010-DJ-BX-1337 AWARD DATE 09/10/2010 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs(OW)Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required 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 Assurances and may result in suspension or termination of funding,until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States, Local Governments,and Non-Profit Organizations,and further understands and agrees that funds may be withheld,or other related requirements may be imposed,if outstanding audit issues(if any)from OMB Circular A-133 audits(and any other audits of OJP grant funds)are not satisfactorily and promptly addressed,as further described in the current edition of the OJP Financial Guide,Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal,employee,agent,contractor, subgrantee,subcontractor,or other person has either 1)submitted a false claim for grant funds under the False Claims Act;or 2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud,waste, abuse,or misconduct should be reported to the OIG by- mail: Office of the Inspector General U.S.Department of Justice Investigations Division 950 Pennsylvania Avenue,N.W. Room 4706 Washington,DC 20530 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 DOJ OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries,without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee.Cf.28 C.F.R.parts 66, 70. Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 3 OF 5 Grant PROJECT NUMBER 2010-DJ-BX-1337 AWARD DATE 09/10/2010 SPECIAL CONDITIONS 8. To support public safety and justice information sharing,OJP requires the grantee to use the National Information Exchange Model(NIEM)specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition,visit http://www.niem.gov/implementationguide.php. 9. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 10. The grantee agrees to comply with the applicable requirements of 28 C.F.R.Part 38,the Department of Justice regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation").The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities,such as worship,religious instruction,or proselytization.Recipients of direct grants may still engage in inherently religious activities,but such activities must be separate in time or place from the Department of Justice funded program,and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith- based organizations may,in some circumstances,consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equalfbo.htm. 11. The recipient acknowledges that all programs funded through subawards,whether at the state or local levels,must conform to the grant program requirements as stated in BJA program guidance. 12. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as per the regulation. 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. 13. The 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 expenditure 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. 14. 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. 15. Grantee 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. Department of Justice �4. Office of Justice Programs AWARD CONTINUATION ` Bureau of Justice Assistance SHEET PAGE 4 OF 5 Grant PROJECT NUMBER 2010-DJ-BX-1337 AWARD DATE 09/10/2010 SPECIAL CONDITIONS 16. The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these grant funds,either directly by the grantee or by a subgrantee. Accordingly,the grantee agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant,the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is,as long as the activity is being conducted by the grantee, a subgrantee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation,lease,or any 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; d. 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 education environments;and e. Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at http://www.ojp.usdoj.govBJA/resource/nepa.html,for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 17. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.)The fund,including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate and expend the grant funds in the trust fund(including any interest earned)during the period of the grant.Grant funds (including any interest earned)not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period,along with the final submission of the Federal Financial Report(SF-425). 18. The 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. - Depai lment of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 5 Grant PROJECT NUMBER 2010-DJ-BX-1337 AWARD DATE 09/10/2010 SPECIAL CONDITIONS 19. Award recipients must submit quarterly a Federal Financial Report(SF-425)and annual performance reports through GMS(https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA),P.L. 103-62,applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore,quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool(PMT)website(www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements,refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 20. Award recipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address. If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes. 21. The grantee agrees that within 120 days of award acceptance,each member of a law enforcement task force funded with these funds who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,will complete required online(internet-based)task force training.The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership(www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award,or once every four years if multiple awards include this requirement.This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights,task force performance measurement,personnel selection,and task force oversight and accountability.Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership(www.ctfli.org). 22. Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving," 74 Fed.Reg. 51225 (October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. Sponsored by: City Manager RESOLUTION 10-8 0 9 0 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN APPLICATION FOR THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) GRANT PROGRAM: LOCAL SOLICITATION FOR THE AMOUNT OF FORTY-FIVE THOUSAND ONE HUNDRED AND TWELVE DOLLARS ($45,112.00); PROVIDING FOR RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Justice Assistance Grant(JAG) is the primary provider of federal criminal justice funding that supports all components of the criminal justice system, including drug and gang task forces, crime prevention, domestic violence programs, courts,corrections,treatment and justice information sharing initiatives;and WHEREAS,the City Commission of the City of Opa-locka is committed to using available sources of funding to prevent and reduce crime and violence in the City of Opa-locka; and WHEREAS, The City Commission of the City of Opa-locka desires to seek funding under the Edward Byrne Memorial Justice Assistance Grant(JAG)Program;and WHEREAS, the deadline for applications is by 8:00 Eastern Standard Ttime on June 30, 2010;and WHEREAS, City Commission desires to authorize the City Manager to submit an application through OJP's Grant Management System(GMS): NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka,hereby authorizes and directs the City Manager to submit an application for the Edward Byrne Memorial Justice Assistance Grant