Fort Walton Beach Resolution — 2008-18-Acceptance of 07/08 Byrne Grant — reading text

Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). SFY 2008 Page 3 Rule Reference 11 D-9.006 OCJG- 005 (rev. October 2005)  Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment 450 ( excluding travel and subsistence costs) for an of a consultant when their rate exceeds $ eight-hour day. Approval shall be based upon the contract' s compliance with requirements found in the OJP Financial Guide, U. S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department' s approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non- expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U. S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A- 11 0 or A- 1 02, as applicable. This obligation continues as longas the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide ( as amended), and the U. S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A- 11 0 or A- 1 02, as applicable. 14. Copyright The awarding agency reserves a royalty-free non- exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web- based materials and web site content, through funds froll}this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: This project was supported by Award No. [ contact OCJG for award numbel1 awarded by the Bureau of Justice Statistics, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/ program/ exhibition are those of the author( s) and do not necessarily reflect the views of the Department of Justice." 16. Audit a. Subgrant recipients that expend $ 500, 000 or more in a year in Federal awards shall have a in single or program- specific audit conducted for that year. The audit shall be performed SFY 2008 Page 4 Rule Reference 11 D-9. 006 OCJG- 005 (rev. October 2005)  Edward Byrne Memorial Justice Assistance Grant ( JAG) Program Florida Department of Law Enforcement 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 Sections 11. 45 and 215. 97, Florida Statutes, and Chapters 10. 550 and 10. 600, Rules of the Florida Auditor General. 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 and will be returned to the subgrant recipient. 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. 1. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM 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 closeout. any disallowed costs identified in an audit completed after such h. The completed audit report or notification of non- applicability should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. 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 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. SFY 2008 Page 5 Rule Reference 11D-9.006 OCJG- 005 (rev. October 2005)  Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 18. Commencement of Project a. If a project has not begun within sixty ( 60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to the Department indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the s~ bgrant award, the subgrant recipient shall send another letter to the Department, again explaining the reason for delay and request another revised project starting date. 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 subgrant funds 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 amendment to this agreement. 19. 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 sucti 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 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