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HomeMy Public PortalAbout14-8837 U.S Deparment of Justice for the Edward Byrne Memorial Assistance Grant Sponsored by: City Manager RESOLUTION NO. 14-8837 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ACCEPT THE AWARD FROM THE U.S. DEPARTMENT OF JUSTICE (DOJ) FOR THE FY 2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FUNDING, IN THE AMOUNT OF THIRTY TWO THOUSAND SIX HUNDRED FORTY- SEVEN DOLLARS ($32,647.00), TO BE USED FOR THE PURCHASE OF POLICE RADIOS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on July 24, 2014, the U.S. Department of Justice awarded the City of Opa-locks ("City")$32,647.00 in federal funds; and WHEREAS, the FY 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) will be used to purchase new police radios to replace the current radios that will be obsolete next year; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to accept award from the U.S. Department of Justice (DOJ) under the JAG Program in the amount of Thirty Two Thousand Six Hundred Forty-Seven Dollars ($32,647.00), for purchase of new police radios. 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, directs and authorizes the City Manager to accept the award from the U.S. Department of Justice (DOJ) under the FY 2014 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, in the amount of Thirty Two Resolution No. 14-8837 Thousand Six Hundred Forty-Seven Dollars ($32,647.00), to be used for the purchase of Police Radios for Opa-locka Police Department. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 30ffi day of July, 2014. MY A TA LOR MAYOR Attest to: J * na Flores City Clerk Approved as to form and legal sufficiency: Jo h S. er G EN OON MARDER, PA i Attorney Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER SANTIAGO Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES Memorandum 0 TO: Mayor Myra L. Taylor Vice-Mayor Joseph L. Kelley Commissioner Timothy olmes rv ^+ Commissioner orot `Dottie"Johnson `� c�m Commissioner is B Santiago m ry l FROM: Kelvin L. Baker, Sr., City Manag w DATE: July 30, 2014 RE: Authorization to Accept US Depart ent Of Justice Office of Justice Programs Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ACCEPT AWARD FUNDING IN THE AMOUNT OF $32,647.00 DESIGNATED TO PURCHASE POLICE RADIOS FROM THE DEPARTMENT OF JUSTICE FY 14 EDWARD BYRNE (JAG) Description: This funding has been approved by the Department of Justice for new Police Radios because the current ones will be obsolete in the nest year or so Financial Impact: Positive Fiscal Impact Implementation Timeline: Immediately Legislative History: Original Contract Recommendation(s): Staff recommends approval. Attachment(s): Copy of award letter Prepared By: Delia Rosa Kennedy, Grant Administrator END OF MEMORANDUM City of Opa-Locks A enda Cover Memo Commission Meeting July 30, 2014 Item Type: Resolution Ordinance Other Date: X (Enter X in box) Fiscal Impact: Ordinance Reading: 1St Reading 2 Reading (Enter X in box) Yes No (Enter X in box) X Public Hearing: Yes No Yes No (Enter X in box) X X Funding Source: (Enter Fund& Advertising Requirement: Yes No (Enter Acct No) Dept) (Enter X in box) X Contract/P.O.Required: Yes No RFP/RFQBid#: (Enter X in box) N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (Enter X in box) X (list the specific objective/strategy Enhance Organizational 0 this item will address) Bus.& Economic Dev M Public Safety F-1 Quality of Education , Qual.of Life& City ImagM Communcation D Sponsor Name City Manager Department: GRANT ADMINISTRATION/POLICE Short Title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER ACCEPT A NEW GRANT FUNDING FROM THE DEPARTMENT OF JUSTICE FY 14 EDWARD BYRNE FOR $32,647.00 WITH APPROVED SPECIFIC SCOPE AND POLICE REQUIREMENTS TO PURCHASE POLICE RADIOS Staff Summary: Staff is recommending entering, executing and signing a contract with Department of Justice Proposed Action: Staff recommends the adoption of the Resolution to authorize the City Manager to enter a contract with the US Department of Justice Attachment: Granw Award Letter Notification Pages 1 -14 Prepared by: Delia Rosa Kennedy, Grant Administrator Department of Justice t Office of Justice Programs Bureau of Justice Assistance Office of Justice Programs Washington,D.C. 20531 July 24,2014 Mr.Kelvin L.Baker Sr. City of Opa-Locka 777 Sharazad Boulevard Opa-Locka,FL 33054-3596 Dear Mr.Baker: 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 14 Edward Byme Memorial Justice Assistance Grant(JAG)Program:Local in the amount of$32,647 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@usdcj.gov. Congratulations,and we look forward to working with you. Sincerely, Denise O'Donnell Director Enclosures OFFICE FOR CIVIL RIGHTS Office of Justice Programs Department of Justice 810 7th Street,NW Washington,DC 20531 Tel:(202)307-0690 TTY:(202)307-2027 E-mail:askOCR @usdoj.gov Website:www.ojp.usdoj.gov/ocr July 24,2014 Mr.Kelvin L.Baker Sr. City of Opa-Locka 777 Sharazad Boulevard Opa-Locka,FL 33054-3596 Dear Mr.Baker: Congratulations on your recent award. In establishing financial assistance programs,Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of Justice (DOJ)is responsible for ensuring that recipients of financial assistance from the OJP,the Office of Community Oriented Policing Services (COPS),and the Office on Violence Against Women(OVW)comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race,color,national origin, religion,sex,or disability in funded programs or activities,not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013,President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994(VAWA)by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race,color,national origin,religion,sex,disability,sexual orientation,or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1,2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at http://ojp.gov/about/ocr/vawafags.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to prohibitions against unlawful discrimination. Accordingly,the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition,based on regulatory criteria,the OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Providing Services to Limited English Proficiency(LEP)Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C.§2000d,recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency(LEP). See U.S.Department of Justice,Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,67 Fed.Reg.41,455(2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see the website http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The DOJ regulation,Equal Treatment for Faith-Based Organizations,28 C.F.R.pt.38,requires State Administering Agencies(SAAB)to treat faith-based organizations the same as any other applicant or recipient. The regulation prohibits SAAs from making awards or grant administration decisions on the basis of an organization's religious character or affiliation,religious name,or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the DOJ to fund inherently(or explicitly) religious activities. While faith-based organizations can engage in non-funded inherently religious activities,they must hold them separately from the program funded by the DOJ,and recipients cannot compel beneficiaries to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation,please see the OCR's website at http://www.ojp.usdoj.gov/about/ocr/equal—fbo.htm. SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as amended,42 U.S.C.§3789d(c);the Victims of Crime Act of 1984,as amended,42 U.S.C.§ 10604(e);the Juvenile Justice and Delinquency Prevention Act of 1974,as amended,42 U.S.C.§5672(b);and VAWA,Pub.L.No. 113-4,sec.3(b)(4), 127 Stat.54,61-62(to be codified at 42 U.S.C.§ 13925(6)(1 3))contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions,the DOJ has concluded that it may construe the Religious Freedom Restoration Act(RFRA)on a case-by- case basis to permit some faith-based organizations to receive DOJ funds while taking into account religion when hiring staff,even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S.Department of Justice on the U.S.Equal Employment Opportunity Commission's Enforcement Guidance:Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964(June 2013),available at http://www.ojp.usdoj.gov//about/ocr/pdfs/lJseofConviction Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin,resulting in unlawful employment discrimination. In light of the Advisory,recipients should consult local counsel in reviewing their employment practices. If warranted,recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans(EEOPs)(see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act,must meet two obligations:(1)complying with the federal regulation pertaining to the development of an EEOP(see 28 C.F.R.pt.42,subpt.E)and(2) submitting to the OCR findings of discrimination(see 28 C.F.R.§§42.204(c),.205(c)(5)). Meeting the EEOP Requirement If your organization has less than fifty employees or receives an award of less than$25,000 or is a nonprofit organization,a medical institution,an educational institution,or an Indian tribe,then it is exempt from the EEOP requirement. To claim the exemption,your organization must complete and submit Section A of the Certification Form,which is available online at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and receives an award of$25,000 or more,but less than$500,000,and has fifty or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report(formerly called an EEOP Short Form),but it does not have to submit the report to the OCR for review. Instead,your organization has to maintain the Utilization Report on file and make it available for review on request. In addition,your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. If your organization is a government agency or private business and has received an award for$500,000 or more and has fifty or more employees(counting both full-and part-time employees but excluding political appointees),then it has to prepare a Utilization Report (formerly called an EEOP Short Form)and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report,please consult the OCR's website at http://www.ojp.usdoj.gov/about/ocr/eeop.htm. In addition,your organization has to complete Section C of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp.usdoj.gov/about/ocr/pdfs/cert.pdf. To comply with the EEOP requirements,you may request technical assistance from an EEOP specialist at the OCR by telephone at(202) 307-0690,by TTY at(202)307-2027,or by e-mail at EEOsubmisson @usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award,your organization has received an adverse finding of discrimination based on race, color,national origin,religion,or sex,after a due-process hearing,from a state or federal court or from a state or federal administrative agency,your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAs must have standard assurances to notify subrecipients of their civil rights obligations,written procedures to address discrimination complaints filed against subrecipients,methods to monitor subrecipients'compliance with civil rights requirements,and a program to train subrecipients on applicable civil rights laws. In addition,SAAB must submit to the OCR every three years written Methods of Administration(MOA)that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement,see http://www.ojp.usdoj.gov/ftinding/other—requirements.htm. requirements.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance,please contact us. Sincerely, a Az""4— Michael L.Alston Director cc: Grant Manager Financial Analyst Department of Justice Office of Justice Programs Bureau of Justice Assistance Grant PAGE I OF 7 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2014-DJ-BX-0521 City of Opa-Locka 777 Sharazad Boulevard 5.PROJECT PERIOD:FROM 10/01/2013 TO 09/30/2017 Opa-Locka,FL 33054-3596 BUDGET PERIOD:FROM 10/01/2013 TO 09/30/2017 6.AWARD DATE 07/24/2014 7.ACTION IA.GRANTEE IRSNENDOR NO. 8.SUPPLEMENT NUMBER Initial 596000434 00 9.PREVIOUS AWARD AMOUNT $0 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $32,647 City of Opa-locka Police Department New Police Radio Project 11.TOTAL AWARD $32,647 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTHON THE ATTACHED PAGE(S). 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FY 14(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 Denise O'Donnell Kelvin L.Baker Director City Manager 17.SIGNATURE OF APPROVING OFFICIAL 19.SIG TU F AU HO Z D CIPIENT OFFICIAL 19A.DATE AGENCY USE ONL 20.ACCOUNTING CLASSIFICATION CODES 21. ND GT0261 FISCALYFUNDC BUD.A OFC. DIV RE SUB. POMS AMOUNT EAR ODE CT. G. X B D1 80 00 00 32647 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD Bureau of Justice Assistance CONTINUATIONSHEET PAGE 2 OF 7 Grant PROJECT NUMBER 2014-DJ-BX-0521 AWARD DATE 07/24/2014 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(OJP)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. 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. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD a Bureau of Justice Assistance CONTINUATIONSHEET PAGE 3 OF 7 Grant PROJECT NUMBER 2014-DJ-BX-0521 AWARD DATE 07/24/2014 SPECIAL CONDITIONS 8. The recipient agrees to comply with applicable requirements regarding registration with the System for Award Management(SAM)(or with a successor government-wide system officially designated by OMB and OJP). The recipient also agrees to comply with applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System(DUNS)number.The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/ftinding/sam.htm(Award condition:Registration with the System for Award Management and Universal Identifier Requirements),and are incorporated by reference here.This special condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9. 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. 10. The recipient agrees to comply with all applicable laws,regulations,policies,and guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences,meetings,trainings,and other events,including the provision of food and/or beverages at such events,and costs of attendance at such events. Information on pertinent laws,regulations,policies,and guidance is available in the OJP Financial Guide Conference Cost Chapter. 11. The recipient understands and agrees that any training or training materials developed or delivered with funding provided under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees,available at http://www.ojp.usdoj.gov/funding/ojptrainingguidingprinciples.htm. 12. The recipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award,and those award funds have been,are being,or are to be used,in whole or in part,for one or more of the identical cost items for which funds are being provided under this OJP award,the recipient will promptly notify,in writing,the grant manager for this OJP award,and,if so requested by OJP,seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. 13. The recipient understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds,or of the parents or legal guardians of such students. 14. The recipient understands and agrees that-(a)No award funds may be used to maintain or establish a computer network unless such network blocks the viewing,downloading,and exchanging of pornography,and(b)Nothing in subsection(a)limits the use of funds necessary for any Federal,State,tribal,or local law enforcement agency or any other entity carrying out criminal investigations,prosecution,or adjudication activities. 15. The recipient agrees to comply with OJP grant monitoring guidelines,protocols,and procedures,and to cooperate with BJA and OCFO on all grant monitoring requests,including requests related to desk reviews,enhanced programmatic desk reviews,and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks,including documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards,including,but not limited to:withholdings and/or other restrictions on the recipient's access to grant funds;referral to the Office of the Inspector General for audit review;designation of the recipient as a DOJ High Risk grantee;or termination of an award(s). OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD Bureau of Justice Assistance CONTINUATIONSHEET PAGE 4 OF 7 Grant PROJECT NUMBER 2014-DJ-BX-0521 AWARD DATE 07/24/2014 SPECIAL CONDITIONS 16. The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at http://www.ojp.gov/ftinding/ffata.htm(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,and its reporting requirement,does not apply to grant awards made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 17. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income earned must be accounted for and used for the purposes of funds provided under this award,including such use being consistent with the conditions of the award,the effective edition of the OJP Financial Guide and,as applicable,either(1)28 C.F.R.Part 66 or(2)28 C.F.R Part 70 and 2 C.F.R.Part 215(OMB Circular A-110). Further, the use of program income must be reported on the quarterly Federal Financial Report,SF 425. 18. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the 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. 19. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community,OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global)guidelines and recommendations for this particular grant.Grantee shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at: http://www.it.ojp.gov/gsp_,grantcondition.Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. 20. 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 Byme Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the grant funds in the trust fund(including any interest earned)during the period of the grant and expend within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to the Office of Justice Programs at the time of closeout. i OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD a Bureau of Justice Assistance CONTINUATIONSHEET PAGE 5 OF 7 Grant PROJECT NUMBER 2014-DJ-BX-0521 AWARD DATE 07/24/2014 SPECIAL CONDITIONS 21. 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. 22. JAG funds may be used to purchase vests for an agency,but they may not be used as the 50%match for purposes of the Bulletproof Vest Partnership(BVP)program. 23. The recipient agrees to submit a signed certification that that all law enforcement agencies receiving vests purchased with JAG funds have a written"mandatory wear"policy in effect.Fiscal agents and state agencies must keep signed certifications on file for any subrecipients planning to utilize JAG funds for ballistic-resistant and stab-resistant body armor purchases.This policy must be in place for at least all uniformed officers before any JAG funding can be used by the agency for body armor.There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. 24. Ballistic-resistant and stab-resistant body armor purchased with JAG funds may be purchased at any threat level,make or model,from any distributor or manufacturer,as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and are listed on the NIJ Compliant Body Armor Model List(http://nij.gov).In addition,ballistic-resistant and stab-resistant body armor purchased must be American- made.The latest NIJ standard information can be found here:http://www.nij.gov/topics/technology/body-armor/safety- initiative.htm. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD a Bureau of Justice Assistance CONTINUATIONSHEET PAGE 6 OF 7 Grant PROJECT NUMBER 2014-DJ-BX-0521 AWARD DATE 07/24/2014 SPECIAL CONDITIONS 25. 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. 26. 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. 27. 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/equal_fbo.htm. 28. 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. 29. 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. 30. 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. 31. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes,regulations, OMB circulars,and guidelines,including the OJP Financial Guide,and to include the applicable conditions of this award in any subaward.The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients.The recipient agrees to submit,upon request, documentation of its policies and procedures for monitoring of subawards under this award. 32. 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. OJP FORM 4000/2(REV.4-88) Department of Justice Office of Justice Programs AWARD Bureau of Justice Assistance CONTINUATIONSHEET PAGE 7 OF 7 Grant I PROJECT NUMBER 2014-DJ-BX-0521 AWARD DATE 07/24/2014 SPECIAL CONDITIONS 33. 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. 34. 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. 35. The grantee agrees that within 120 days of award acceptance,each current 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(intemet-based)task force training.Additionally,all future task force members are required to complete this training once during the life of this award,or once every four years if multiple awards include this requirement.The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership(www.ctfli.org).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.When BJA funding supports a task force,a task force personnel roster should be compiled and maintained,along with course completion certificates,by the grant recipient.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). 36. No JAG funds may be expended on the purchase of unmanned aircraft,unmanned aircraft systems or unmanned aerial vehicles(UA/UAS/UAV),unless the BJA Director certifies that extraordinary and exigent circumstances exist,making them essential to the maintenance of public safety and good order.Any state or local jurisdiction receiving BJA approval to utilize JAG funds for this type of purchase must certify to DOJ that it received Federal Aviation Administration(FAA)approval to operate a UA/UAS/UAV and that it is legal to operate a UA/UAS/UAV in the proposed jurisdiction or geographic area. The recipient must submit a statement on the goals and objectives for the use of a UA/UAS/UAV,the anticipated specific uses,and policy regarding privacy considerations.BJA may require additional reporting requirements that will be stipulated post award. 37. BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success story,sign in to your My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form. If you do not yet have a My BJA account,please register at https://www.bja.gov/profrle.aspx.Once you register,one of the available areas on your My BJA page will be"My Success Stories".Within this box,you will see an option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the new BJA Success Story web page at https://www.bja.gov/SuccessStoryList.aspx. 38. Recipient may not expend or drawdown funds until the Bureau of Justice Assistance(BJA)has received documentation demonstrating that the state or local governing body review and public comment requirements have been met and a Grant Adjustment Notice(GAN)has been approved releasing this special condition. OJP FORM 4000/2(REV.4-88) Department of Justice s Office of Justice Programs Bureau of Justice Assistance Washington,D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry,NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Opa- Locka The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system,some of which could have environmental impacts.All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds,whether the funds are used directly by the grantee or by a subgrantee or third party.Accordingly,prior to obligating funds for any of the specified activities,the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a.New construction; b.Any 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. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA.Further,for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required.For more information about Mitigation Plan requirements,please see http://www.ojp.usdoj.govBJA/resource/nepa.html.Please be sure to carefully review the grant conditions on your award document,as it may contain more specific information about environmental compliance. Department of Justice GRANT MANAGER'S MEMORANDUM,PT.I: office of Justice Programs PROJECT SUMMARY Bureau of Justice Assistance .� Grant PROJECT NUMBER PAGE l OF 1 2014-DJ-BX-0521 This project is supported under FY 14(BJA-JAG)42 USC 3750,et seq. 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) Stefanie Harris Delia Kennedy (202)305-8069 Grant Administrator 3400 NW 135th Street Building B Opa-Locka,FL 33054-3806 (305)953-2868 ext.1209 3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS ON REVERSE) BJA FY 14 Edward Byrne Memorial Justice Assistance Grant(JAG)Program:Local 4.TITLE OF PROJECT City of Opa-locka Police Department New Police Radio Project 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE City of Opa-Locka 777 Sharazad Boulevard Opa-Locka,FL 33054-3596 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM: 10/01/2013 TO: 09/30/2017 FROM: 10/01/2013 TO: 09/30/2017 9.AMOUNT OF AWARD 10.DATE OF AWARD $32,647 07/24/2014 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and units of local government,including tribes,to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions.Grant funds can be used for state and local initiatives,technical assistance,training,personnel,equipment,supplies,contractual support,and information systems for criminal justice,including for any one or more of the following program areas:1)law enforcement programs;2)prosecution and court programs;3)prevention and education programs;4)corrections and community corrections programs;5)drug treatment and enforcement programs;6)planning,evaluation,and technology improvement programs;and 7)crime victim and witness programs(other than compensation). The grantee will use this JAG award to purchase police radios.This updated technology will allow the Department to enhance public safety and increase communication capabilities among officers.NCA/NCF OJP FORM 4000/2(REV.4-88)