Fort Walton Beach Resolution — 2013 -04 FDLE--traffic homicide — reading text

Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U. S. Department of Justice." Page 5 SPY 2013  Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 17. Audit a. Subgrant recipients that expend $ 500, 000 or more in a year in Federal awards shall have a single or program -specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A -133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of 11. 45, Fla. Stat. , ' Definitions; duties; authorities; reports; rules. "; § 215. 97, Fla. Stat., Florida Single Audit Act "; and Rules of the Auditor General, Chapter 10. 550, " Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For -Profit Organizations" b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after Its completion, but no later than nine ( 9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the Issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three ( 3) years from the date the audit report is issued, unless extended in writing by the Department. E Subgrant recipients that expend less than $ 500, 000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A -133 for that fiscal year. In this case, written notification, which can be in the form of the " Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement Is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 18. Performance of Agreement Provisions In the event of default, non -compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient' s consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department Page 6 SFY 2013  Edward Byrne Memorial Justice Assistance Grant ( JAG) Program Florida Department of Law Enforcement shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 19. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subgrant recipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subgrant recipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrantfunds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety ( 90) day period, but only by formal written adjustment to this agreement. 20. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms ( including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: 1) Supplies or services to be furnished by the consultant were obtainable from other sources, 2) The Department ordered the subgrant recipient in writing to procure such supplies or servicesfrom other sources, and 3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 21. Written Approval of Changes in this Approved Agreement (Grant Adjustments) a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes In project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. Page 7 SFV 2013  Edward Byrne Memorial. Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. d. Requests for changes to the subgrant agreement must be electronically signed by the subgrant recipient or implementing agency's chief official or the chief official' s designee. e. Any certifications required for the requested changes, such as Sole Source, ADP Justification, Privacy Certification forms, and Confidential Funds certifications, must be signed by the subgrant recipient or implementing agency chief official or someone with formal, written signature authority for the chief official. 22. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgranl recipient shall proceed diligently with the performance of this agreement according to the Department' s decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty -one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient' s right to appeal the Department's decision is contained in § 120, Fla Stat., and in procedures set forth in Rule 28- 106. 104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 23. Conferences and Inspection of Work Conferences may be held at the request of any parry to this agreement. At any time, a representative of the Department, of the U. S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 24. Access to Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U. S. Department of Justice, the U. S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all