Fort Walton Beach Council agenda — 10-09-12 regular-with petitions — reading text

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 services from other sources, and 3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 21. Written Approval of Changes In this Approved Agreement (Grant Adjustments) a. Subgant 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. SFY 2013 Page 7  Buipun j luelD Bugd833V - LZ- UOZ : Ee60 uogeollddv 3ueuD- mo- 0Vr .luawgoel1V n iD H Edward Byrne Memorial Justice Assistance Grant ( JAG) Program Florida Department of Law Enforcement a d 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 u 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 subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b.. If the subgrant recipient appeals the Department' s decision, the appeal also shall be made in writing within twenty -one (21) calendar days to the Departments 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 party to this agreement. At any time, a representative of the Department, of the U. S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 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 documents, papers, letters, or other materials subject to provisions of § 119, Fla. Stat., and made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 25. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of five (5) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. The subgrant recipient shall comply with State of Florida General Records Schedule GS1 -SL for State and Local Government Agencies: dlis dos state fl us /bane /censchedules /GSt- SL. otlf. Page 8 SFY 2013  6ulpun j luejo 6ugd833tl - LZ- Z I. OZ c C960 uopeallddtl luaj0-m0- Dtlr auawgaelltl r Edward Byme Memorial Justice Assistance Grant ( JAG) Program Florida Department of Law Enforcement a d 26. Personnel Changes n Upon implementation of the project, in the event there is a change in Chief Officials for the Subgrant recipient or Implementing Agency, project staff must notify the help desk for FDLE' s online grants management system, SIMON ( Subgrant Information Management Online) so that the organization can be updated in SIMON. If the project director changes, a grant adjustment must be entered in SIMON to reflect the change. 27. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of § 435, Fla. Stall. shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. 1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. 2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 28. Drug Court Projects A Drug Court Project must comply with § 397.334, Fla. Stat, "Treatment -Based Drug Court Programs." 29. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U. S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. SFY 2013 Page 9  6ulpunj luejoj 6upda33V - LZ- ZIOZ : E960 uoge3ilddV lue19-MO- 9Vr auawgoeliV e ar Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Depar4nent of Law Enforcement o.m 30. Criminal Intelligence System Ym