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Home My WebLink AboutCity of Tamarac Resolution R-2010-1321 1 Temp. Reso. #11938 October 11, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010 _Z3,)--, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING A GRANT AWARD IN THE AMOUNT OF $300,000 FROM THE US DEPARTMENT OF JUSTICE — OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) PROGRAM; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT BETWEEN THE US DEPARTMENT OF JUSTICE AND THE CITY OF TAMARAC TO UPGRADE THE CITY'S 800 MHz RADIO SYSTEM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide its residents and visitors a higher level of service by enhancing and improving communications; and WHEREAS, the US Department of Justice (USDOJ), through the Community Oriented Policing Services (COPS) program, provides grants to local governments to improve communications between the City and law enforcement, first responders, and other emergency response staff; and WHEREAS, the City of Tamarac applied to the USDOJ for a COPS grant in the amount of $300,000 to provide for an upgrade to the City's 800 MHz radio system and was awarded the grant as indicated in the September 22, 2010 correspondence from the USDOJ attached hereto as Exhibit A; and Temp. Reso. #11938 October 11, 2010 Page 2 WHEREAS, the Director of Information Technology and Director of Financial Services recommend acceptance of grant funds and execution of the program agreement between the USDOJ and the City of Tamarac; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the residents and businesses of the City of Tamarac to accept grant funding to upgrade the City's 800 MHz radio system and to execute the USDOJ COPS program agreement for grant funding in the amount of $300,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution. All Exhibits attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission of the City of Tamarac HEREBY accepts the grant award of $300,000 from the US Department of Justice (USDOJ). SECTION 3: The appropriate City Officials are HEREBY authorized to execute the COPS program agreement between the City of Tamarac and the USDOJ for grant funding in the amount of $300,000, hereto attached as Exhibit B which is incorporated herein by this reference. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. 1 Temp. Reso. #11938 October 11, 2010 Page 3 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of ��', 2010. B TH TALABIS MAYOR ATTEST: PETER M. JICHARDSON, CRM, CMC CITY CLERK I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. i i r ,,SA EL S. GOREN �'``'�` CITY ATTORNEY RECORD OF COMMISSION VOTE: MAYOR TALABISCO DIST 1: COMM. BUSHN LL DIST 2: COMM. GOMEZ 1• DIST 3: COMM. GLASSIfR� DIST 4: VM. DRESSLER C., Ui- ,,','V. r}R��U.S. Department of Justice��% ce of Community Oriented Policing Services (COPS) Office of the Director 1100' Vermont Ave., NW Washington, DC 20530 r j iz�J dV E D September 22, 2010 Chief of Police Marc Duguay Tamarac, City of 7515 Northwest 88 Avenue Broward Sheriffs Office-� Tamarac, FL 33321 r Re: Technology Program Grant #2010CKWX0100 " m '° ORI#: FL00631 r?' :V Dear Chief of Police Duguay: 4' f ` Congratulations! On behalf of Attorney General Eric Holder, I am pleased to inform you that the COPS Office has approved your agency's request for funding in the amount of $300,000 under the COPS Technology Program. Enclosed in this packet is your grant award. The award document must be signed and returned to the COPS Office within 90 days from the date of this letter to officially accept your grant. Beginning on the reverse side of the grant award is a list of conditions that apply to your grant. You should read and familiarize yourself with these conditions. In addition, your Grant Owner's Manual and other important information to assist you with the implementation of your award are available online at http://www.cops.usdoj.gov/Default.asp?Item=243 1. The official start date of your grant is December 16, 2009. Therefore, you can be reimbursed for approved expenditures made on or after this date. Please carefully review the Financial Clearance Memorandum included in your award package to determine your approved budget, as some of your requested items may not have been approved by the COPS Office during the budget review process, and grant funds may only be used for approved items. Also, please be aware that any vendor or contractor who participated in drafting your grant application may not receive federal funding for any procurement under this award. Once again, congratulations on your Technology Program award. If you have any questions about your grant, please do not hesitate to call your Grant Program Specialist through the COPS Office Response Center at 1.800.421.6770. Sincerely, i., 'o., 440"� Bernard K. Melekian Director = . S. Departmo n fMice ►nunity OrknfedPafiag Sebrees -- -_- _ Grants Adjubnisti n Division Taw E orce_mentT&h gy 'Tree Ac�iartt col (IRASY 15- G -:--irani2010CKWX(kk#10 _ _- - - - .= ON FL00631 - 11caaniZa{s LeNaznnatarAy of; =- OJP VehdeF1= 591 A 52 Dt #: 97270940 w En etnent E ecutiye: Chide ToliceD Marc uguay _ - -ss -_ - -=_ : 7 Northwest H Avenue -- — - - City, St ap Code: Tamarac, FL 3 F _. - a- - -etephone: fPS4) 720-2 - -- - _ - -----Far:'Pr4) 72036 _ Govern xe+e- Uy M ici -a1 NM er _ -_ P g 13aiey L. Iillisr - = - _ W aWess: -525 NorffiWest 88 Avenue -Y; State Zap Code: Tamar$ 33321 - _ — _ _ -.=Teleph :.. (954) 7-35 _Fax: 4_954y597--TM AwlrdstewoatmwJA4 =- AwmFEW Date: 2/15/2012 - - - S -: 0.00 1srnard Nleleki = -- - - Date= !�!!aoumMe g asr abides-a11kranters arAME thrse side of this: _ --_ - _ - _ _ theme.. s: - — -_ __ _ - -- OIU1 3 - -- T tl Flame AM 'TWkbof=LawXq_areet rff7 _ _ -EThgnatu fLaw�&orcgtc t m withl —Date _ Ai1*mif1 y C"oVt 1:1"� wil:A1 d- - — — _. Joff mment Oflr ith Authuri to ed od e and itTe of �annn nt ffct� -- ate - wept this'GrantAward - - "A -se sta eats "aiim�ta& in connectl� t CQw a�nq- resin nes sateen . de c ent f = vary ID _- _p- �mg eral gmuts or=contracts, br an r dLalal y�w:teAh&Fede Gbverti766s1�_ - U.S. Department of Justice Ogice of Community Oriented Policing Services 2010 Technology Program Grant Terms and Conditions By signing the Award Document to accept this Technology Program grant, your agency agrees to abide by the following grant conditions 1. The grantee agrees to comply with the terms and conditions in the 2010 COPS Technology Program Grant Owner's Manual; COPS statute (42 U.S.C. §. 3796dd, et seq.); 28 C.F.R. Part 66 or 28 C.F.R. Part. 70 as applicable (governing administrative requirements for grants and cooperative agreements); 2 C.F.R. Part 225 (OMB Circular A-87), 2 C.F.R. Part 220 (OMB Circular A-21), 2 C.F.R. Part 230 (OMB Circular A-122) and 48 C.F.R. Part 31.000 et seq. (FAR 31.2) as applicable (governing cost principles); OMB Circular A-133 (governing audits); representations made in the COPS Technology Program grant application; and all other applicable program requirements, laws, orders, regulations, or circulars. 2. The grantee acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its Technology Program application. 3. The funding under this project is for the payment of approved costs for the continued development of technologies and automated systems to assist state, local, and tribal law enforcement agencies in investigating, responding to, and preventing crime. The allowable costs for which your agency's grant has been approved are limited to those listed on the Financial Clearance Memorandum, which is included in your agency's award package. The Financial Clearance Memorandum specifies the costs that your agency is allowed to fund with your Technology grant. It also describes any costs which have been disallowed after review of your proposed budget. Your agency may not use Technology grant funds for any costs that are not identified as allowable in the Financial Clearance Memorandum, 4. Travel costs for transportation, lodging and subsistence, and related items are allowable under the Technology Program with prior approval from the COPS Office. Payment for allowable travel costs will be in accordance with 2 C.F.R. Part 225 (OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments), 2 C.F.R. Part 220 (OMB Circular A-21, Cost Principles for Educational Institutions), 2 C.F.R. Part 230 (OMB Circular A-122, Cost Principles for Non -Profit Organizations), and 48 C.F.R. Part 31,000, et seq. (FAR-31.2, Cost Principles for Commercial Organizations), as applicable. 5. When procuring information -sharing services, hardware, software, or other equipment, the grantee agrees to procure and implement those items in accordance with the applicable standards outlined in the terms and conditions of the Grant Owner's Manual. 6. State, local, and tribal governments must use Technology Program grant funds to supplement, and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for grant purposes (hiring, training, purchases, and/or activities) during the grant period. In other words, grantees may not use COPS funds to supplant (replace) state, local, or Bureau of Indian Affairs funds that would have been dedicated to the COPS -funded item(s) in the absence of the COPS grant. 7. Your agency may request an extension of the grant award period to receive additional time to implement your grant program. Such extensions do not provide additional funding. Only those grantees that can provide a reasonable justification for delays will be granted no -cost extensions. Extension requests must be received prior to the end date of the award. Any extension requests received after an award has expired will be approved only under very limited circumstances. 8. Occasionally, a change in an agency's fiscal or law enforcement situation necessitates a change in its Technology Program award. Grant modifications under the Technology Program are evaluated on a case -by -case basis. All modification requests involving the purchase of new budget items must be approved, in writing, by the COPS Office prior to their implementation. In addition, please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds. 9. The COPS Office may conduct monitoring or sponsor national evaluations of the COPS Technology Program. The grantee agrees to cooperate with the monitors and evaluators. 10. To assist the COPS Office in the monitoring of your award, your agency will be responsible for submitting periodic programmatic progress reports and quarterly financial reports. 11. Federal law requires that law enforcement agencies receiving federal funding from the COPS Office must be monitored to ensure compliance with their grant conditions and other applicable statutory regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing. Both aspects of grant implementation —compliance and programmatic benefits —are part of the monitoring process coordinated by the U.S. Department of Justice. Grant monitoring activities conducted by the COPS Office include site visits, office -based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a COPS Technology grantee, you agree to cooperate with and respond to any requests for information pertaining to your grant. 12. All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan (28 C.F.R. Part 42 subpart E). 13. Grantees using Technology Program funds to operate an interjurisdictional criminal intelligence system must comply with operating principles of 28 C.F.R. Part23. The grantee acknowledges that it has completed, signed and submitted with its grant application the relevant Special Condition certifying its compliance with 28 C.F.R. Part 23. 14. Grantees who have been awarded funding for the procurement of an item (or group of items) or service in excess of $100,000 and who plan to seek approval for use of a noncompetitive procurement process must provide a written sole source justification to the COPS Office for approval prior to obligating, expending, or drawing down grant funds for that item. 15. The grantee agrees to submit one copy of all reports and proposed publications resulting from this grant 20 days prior to public release. Any publications (including written, software, visual, or sound, but excluding press releases, newsletters, and issue analyses), whether published at the recipient's or government's expense, shall contain the following statement: "This project was supported by Grant # , awarded by the U.S. Department of Justice, Office of Community Oriented Policing Services. The opinions contained herein are those of the author(s) and do not necessarily represent the official position or policies of the U.S. Department of Justice. References to specific companies, products, or services should not be considered an endorsement by the author(s) or the U.S. Department of Justice. Rather, the references are illustrations to supplement discussion of the issues." 16. The grantee agrees to complete and keep on file, as appropriate, a Bureau of Citizenship and Immigration Services Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. 17. To facilitate communication among local and state governmental agencies regarding various information technology projects, the grantee agrees to notify the appropriate State Information Technology Point of Contact of the receipt of this grant award. For a list of State Information Technology Points of Contact, visit http://www.it.oip.gov/default,aspx?area=poli: AndPractice&naee=1.046. No Text U. S. Department of Justice Community Oriented Policing Services Grants Administration Division Law Enforcement Technology 1100 Vermont Avenue, NW Wa,hinklon, DC 10530 Memorandum To: Chief of Police Marc Duguay Tamarac, City of From: Andrew A. Dorr, Assistant Director for Grants Administration Pete Borges, Grant Program Specialist Budget Prepared By: Pete Borges, Grant Program Specialist Re: Law Enforcement Technology Financial Clearance Memo A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and consistent with existing guidelines. Exceptions / Adjustments are noted below. OJP Vendor #: 591039552 ORI #: FL00631 DUNS #: 077270940 Grant #: 201 OCKWX0100 Budget Cateeory Proposed Budget Approved Budget Adjustments Disallowed/Adjusted - Reasons/Comments Equipment $136,460.00 $136,460.00 $0.00 Other $163,540.00 $163,540.00 $0.00 Direct Costs: $300,000.00 $300,000.00 $0.00 Grand Total $300,000.00 $300,000.00 $0.00 Grand Total: Federal Share: $ 300,000.00 Applicant Share: $ 0.00 Cleared Date: 9/3/2010 Overall Comments: All costs listed in this budget were programmatically approved based on the final Budget Detail Worksheets submitted by your agency to the COPS Office. Maintenance agreements (if applicable) must be purchased and paid in full within the three-year grant period. Prior to the obligation, expenditure or drawdown of grant funds for non-competitive contracts in excess of $100,000, grantee must submit a sole source justification to the COPS Office for review and approval. Prior to the obligation, expenditure, or drawdown of grant funds for consultant fees in excess of $550 per day when the consultant is hired through a noncompetitive bidding process, approval must be obtained from the COPS Office. if the vendor number on this form differs from the EIN number included in your application, then for administrative purposes only, we are assigning a different vendor number to your agency, The reason for this administrative change is that your original EIN number has been assigned to another agency. If this applies to your agency, please use the new vendor number on all financial documents related to this grant award. The vendor number should not be used for IRS purposes and only applies to this grant. cop,%W aorwwuwrrr uArswr[D 104r01NO ssnvrass u.s. osr~nrMswr or rusrras ACCEPTING YOUR 2010 COPS GRANT AWARD Frequently Asked Questions HOW DO I ACCEPT THIS AWARD? Accepting your COPS award is a simple and straightforward process. The award document to accept your new grant can be found in the award packet. Other important information about your award can be found online at www.cops.usdoi.gov. You should carefully read all award information prior to signing the award document and accepting your grant. • COPS Grant Award Document — To accept your award, this document must be signed by the top law enforcement and government executives or agency executives as indicated on your award document, and then returned to the COPS Office. WHERE CAN I FIND THE SUPPORTING PAPERWORK FOR MY AWARD SUCH AS THE GRANT OWNER'S MANUAL? For your convenience, we have several supporting documents available online at www.cops.usdoj.aoov to assist you in implementing your grant. These resources include: Grant Owner's Manual Federal Financial Report (SF-425) Frequently Asked Questions (SF-425) Helpful Hints Guide (SF-425) Grant Payment Request System Information SF-425 Fact Sheet Change of Information Sheet Publication Request Form Federal Civil Rights Letter WHO MUST SIGN THE AWARD DOCUMENT? The law enforcement and government executives (as indicated on your award document) that have ultimate financial and programmatic authority for the grant must sign the award document. They are generally the highest-ranking officials within your jurisdiction (e.g., Chief of Police, Sheriff, or equivalent for law enforcement executives, and Mayor, City Administrator, Tribal Chairman, or equivalent for government executives). For non -law enforcement agencies (universities, private organizations, etc.), the authorized officials are the programmatic and financial officials who have the ultimate signatory authority to sign contracts on behalf of your organization. Typically, these are the same executives who signed the forms located in your application package. ARE PHOTOCOPIED OR STAMPED SIGNATURES ACCEPTABLE ON THE AWARD DOCUMENT? No. All signatures on the award document must be original. Stamped or photocopied signatures will not be accepted. MAY I RETURN A SIGNED PHOTOCOPY OF THE AWARD DOCUMENT? No. Only a signed, orii4nal award document (i.e., the actual document mailed to you by the COPS Office) will be accepted. HOW LONG DO I HAVE TO RETURN THE SIGNED AWARD DOCUMENT? Your agency has 90 da s from the date listed on the award congratulaWy letter to return your signed award document to the COPS Office. Failure to return your signed award document within the 90-day time frame will result in your inability to access grant funds, and may result in your agency being withdrawn from your COPS grant program. THE GOVERNING BODY IN MY JURISDICTION NEEDS MORE TIME BEFORE GIVING FINAL APPROVAL TO ACCEPT THIS GRANT. WHAT DO I DO? If your agency needs more than 90 days to sign and return the award document, please contact your Grant Program Specialist at 1.800.421.6770 to request an extension of the return period. All time extension requests for the purposes of returning the award document will be considered on a case -by -case basis. WHERE DO I MAIL THE SIGNED AWARD DOCUMENT? Your signed award document should be mailed to the following address: For the Metham hetamine Initiative and Technology Pro m: U.S. Department of Justice, COPS Office ATTN: [Grant Program Name] Control Desk, 9a' Floor 1100 Vermont Avenue, NW Washington, DC 20530 (20005 for overnight delivery) For the COPS Hirina Pro CHP Child Sexual Predator Program (CSPP Secure Our Schools Pro am SOS or the Tribal Metham hetamine Initiative Tribal —Meth : U.S. Department of Justice, COPS Office ATTN: [Grant Program Name] Control Desk, 8 h Floor 1100 Vermont Avenue, NW Washington, DC 20530 (20005 for overnight delivery) PLEASE NOTE: Beginning October 18, 2010, your signed COPS award document and all other correspondence should be directed to the new COPS Office mailing address: U.S. Department of Justice, COPS Office Grants Administration Division ATTN: [Insert Program Name] Control Desk 145 N Street N.E., I Ith Floor Washington, DC 20530 Before you can draw down these grant funds, the COPS Office must receive the signed award document from your agency. To ensure that we receive your signed award in a timely manner, we encourage -you to submit your signed award by express or overnight delivery service. WHAT IF THE GOVERNMENT AND/OR LAW ENFORCEMENT EXECUTIVE INFORMATION ON THE AWARD DOCUMENT HAS CHANGED? Please review the information on your award document carefully. If a change in information (address, phone number, etc.) has occurred, do not change or correct that information on the award document. Rather, a Change of Information form should be submitted to our office along with the original, signed award document. Any alterations to the original award will invalidate the document. You may submit a Change of Information form online through "Account Access" at www.cops,usdoi.gov, or you may print a fillable form to submit via fax or mail. Complete the relevant part(s) of that document and submit it to the COPS Office. The COPS Office will then update our records to reflect any changes. 2 If the actual law enforcement or government executive listed on the award document has changed, the new executive in that position should simply sign the award document. Again, do not alter any executive information shown on your award document, even if it needs to be updated. Simply complete a Change of Information form as described above in order to reflect the new executive. WHERE CAN I FEND A LIST OF CONDITIONS THAT APPLY TO MY GRANT? Beginning on the reverse side of your award document, you will find your award's grant terms and conditions. The same conditions can also be found in the Grant Owner's Manual, which is available on online at www.cops.usdoj.gov_. Please read and familiarize yourself with these conditions. I STILL HAVE QUESTIONS ABOUT MY AWARD. WHAT DO I DO? If you still have questions, please feel free to call the COPS Office Response Center at 1.800.421.6770 and ask to speak with your Grant Program Specialist. W U.S. Department of Justice Office of Community Oriented Policing Services COPS 00ANNI mr erWx+rs rAMIX4 89nmLIr v.r. rrrr�wrwr er.ws+rer 2010 COPS Technology Program Grant Owner's Manual U.S. Department of Justice Office of Community Oriented Policing Services Bernard K. Melekian, Director 2010 COPS Technology Program Grant Owner's Manual This manual was created to assist COPS Technology grantees with the administrative and financial matters associated with the grant. For more information about your Technology Program grant, please contact your COPS Grant Program Specialist. If you do not know the name or telephone number of your Grant Program Specialist, please contact the COPS Office Response Center at 800.421,6770. U.S. Department of Justice Office of Community Oriented Policing Services 1100 Vermont Avenue, N.W. Washington, DC 20530 (For overnight delivery, please use 20005 as the ZIP Code) COPS Online: www.cops.us_ j.90 August 2010 TableofContents 1 Table of Contents GETTING STARTED......................................................................... 4 I. GRANT ACCEPTANCE, TERMS, AND CONDITIONS .......................................... 6 The Award Document.................................................................. 6 Grant Conditions....................................................................... 7 Reasons for Grant Conditions......................................................... 7 Review of Grant Conditions.......................................................... 8 1. Grant Owner's Manual......................................................... 8 2. Assurances and Certifications.................................................. 8 3. Allowable Costs................................................................ 9 4. Travel Costs...................................................................12 5. Technology and Information -Sharing Standards ............................... 12 6. Supplementing, Not Supplanting .............................................. 14 7. Extensions....................................................................15 B. Modifications.................................................................16 9. Evaluations...................................................................17 10. Reports.......................................................................17 11. Grant Monitoring Activities.................................................... 18 12, Equal Employment Opportunity Plan (ESOP) ................................... 19 13. Criminal Intelligence Systems ................................................. 20 14. Sole Source Justification...................................................... 20 15. Public Release Information....................................................21 16. Employment Eligibility........................................................ 22 17. State Information Technology Point of Contact ................................ 23 18. National Environmental Policy Act ............................................. 23 19. False Statements..............................................................24 20. Additional High -Risk Grantee Requirements ................................... 24 What are the specific rules regarding termination of grant funding? ..................... 25 Accepting the Grant Award............................................................26 Who should sign the Award Document for our agency? .............................. 26 When must the Award Document be returned? ...................................... 26 II, PROCUREMENT PROCESS............................................................... 28 What documentation must be submitted to the COPS Office for sole source approval?.. 28 III. ACCESSING GRANT FUNDS............................................................. 32 PaymentMethods.....................................................................32 What methods of payment are used? ................................................ 32 GPRS (Grant Payment Request System) .............................................. 32 PAPRS (Phone Activated Paperless Request System) .................................. 32 Setting Up Your Account............................................................... 33 How do we set up a GPRS account? .................................................. 33 How do we fill out the payment enrollment forms? .................................. 33 When should Federal Financial Reports be filed? ..................................... 34 2 2010 COPS Technology Program Grant Owner's Manual Additional Payment Questions......................................................... 34 Can we receive advances?...........................................................34 How often do we request reimbursement of costs? .................................. 34 Can we earn interest on our grant funds? ............................................ 35 MatchingFunds.......................................................................35 IV. FINANCIAL RECORD MAINTENANCE................................................... 37 Accounting Systems and Records ...................................................... 37 What accounting systems are required? ............................................. 37 What records must be kept?.........................................................37 How long must documents be kept? ................................................ 37 What if we have more than one grant? ............................................... 38 Who may access our records?.......................................................38 V. FEDERAL AUDIT REQUIREMENTS........................................................40 Requirements and Audits.............................................................. 40 What are the regulations governing SAA requirements? .............................. 40 Who must have an SAA audit? ....................................................... 40 What is the role of the Office of the Inspector General (OIG)? ......................... 40 How are COPS grants selected for an OIG audit? ..................................... 41 Typical Audit Findings.................................................................41 VI. REPORTS...............................................................................44 Federal Financial Reports..............................................................44 How do we file Federal Financial Reports? ........................................... 44 How will grant funds be monitored? ................................................. 45 Program Progress Reports.............................................................45 What kind of information will these reports require? ................................. 45 Do we need to request a progress report? ........................................... 45 Contact Points to Obtain Technical Assistance and Report Violations .................... 46 VII, WHEN THE GRANT PERIOD HAS ENDED ................................................ 48 Final Federal Financial Report (SF-425)................................................. 48 When should all of the grant monies be spent? ...................................... 48 Final Program Progress (Closeout) Report .............................................. 48 Equipment Disposition................................................................ 49 Vill. CONCLUSION......................................................................... 51 IX. GLOSSARY OF TERMS............................................................... I ... 53 X. APPENDIXES............................................................................59 Appendix A — List of Source Documents ................................................ 59 Appendix B — Assurances and Certifications ............................................ 61 Getting Started 4 2010 COPS Technology Program Grant Owners Manual GETTING STARTED Congratulations on receiving a grant from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS). The COPS Technology Program provides direct funding for the continued development of technologies and automated systems to assist in investigating, responding to, and preventing crime. This funding will allow you the opportunity to establish and enhance a variety of technical equipment and/or programs to encourage the continuation and advancement of community policing efforts within your jurisdiction. This COPS Technology Program Grant Owner's Manual will assist your agency with the administrative and financial matters associated with your grant. It was developed by the COPS Office to ensure that all COPS Technology Program grantees clearly understand and meet the requirements of their grant. Please review this manual carefully, because a failure to follow grant requirements can have serious ramifications. Please do not hesitate to call the COPS Office Response Center at 800.421.6770 if you need assistance with the implementation of your grant. Thank you for providing us with the opportunity to work in partnership with your community. I. Grant Acceptance, Terms, and Conditions 6 20 10 COPS Technology Program Grant Owner's Manual I. GRANT ACCEPTANCE, TERMS, AND CONDITIONS To officially accept and begin your Technology Program grant, your agency must review, sign and return the original Award Document to: U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Attention: Sponsored Branch Control Desk 1100 Vermont Avenue, N.W., 9th Floor Washington, DC 20530 (For overnight delivery, please use 20005 as the ZIP Code.) Your agency will = be able to draw down grant funds until the COPS Office receives your original, signed Award Document. Signatures on the Award Document must be original —photocopies, faxed copies, stamps, and/or electronic signatures will not be accepted. For more information on drawing down grant funds, please see Section III, "Accessing Grant Funds" The Award Document The Award Document is the document indicating your official grant funding amount, the grant number, the grant conditions, and the award start and end dates. The Award Document is preprinted with your agency's law enforcement and government executives' names and addresses. If this information is incorrect or has changed, please complete the Change of Information (COI) form online at www. cops.usdpi.gQY through the Account Access option. If the law enforcement or government official has changed since the time of application, please have the current law enforcement executive and/or government executive for your agency sign the Award Document. Please do not make corrections to the original Award Document (including the use of correction fluid). The COPS Office will not accept an altered Award Document. Once you have reviewed your Award Document, please sign it, make a copy of the document for your records, and mail the original document (copies cannot be accepted) with original signatures back to the COPS Office within 90 days of the date shown on the award congratulatory letter. The award start date indicated on the Award Document means that your agency may be reimbursed for any allowable costs incurred on or after this date. The duration of your Technology Program grant award is three years or 36 months. Your grant number is in the following format: 2010-CKWX-0000 for grants awarded in FY 2010. The COPS Office tracks grant information based upon this number. Therefore, it is important to have your agency's grant number (and/or your agency's ORI number) readily available when corresponding with the COPS Office. Your ORI number begins with your state abbreviation followed by five numbers and/or letters (e.g., VA00000). This number is assigned by the Federal Bureau of Investigation (FBI) for use in tracking information for the Uniform Crime Report (UCR). The COPS Office tracks programmatic grant information based upon this ORI number. If your agency does not have an ORI number assigned by the FBI, the COPS Office assigns a non -official ORI code to use as an agency identifier (in such cases, the last two digits will be "ZZ'j. If you have any questions regarding your grant, please refer to your grant award number or your agency's ORI number when you contact the COPS Office. Grant Acceptance, Terms, and Conditions 17 Your OJP vendor number, in most circumstances, is your agency's nine -digit federal tax identification number assigned to you by the Internal Revenue Service. If your OJP vendor number differs from your tax identification number, the OJP vendor number is only to be used for administrative purposes in connection with this grant program, and should not be used for Internal Revenue Service purposes. Grant Conditions The grant conditions are listed on your agency's Award Document. By accepting this grant, you are obtaining federal funds from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS Office). As part of that agreement, your agency acknowledges that it will comply with these conditions (and, if applicable, additional special conditions specific to your agency). The section that follows describes in detail each of the award conditions, their rationale, and their implications. It also addresses many frequently asked questions. If you have additional questions concerning any of these grant conditions, please contact your COPS Grant Program Specialist at 800.421.6770. In limited circumstances, your award may be subject to special conditions that prevent your agency from drawing down or accessing grant funds until the special conditions are satisfied as determined by the COPS Office. Any special conditions will be included with your award package. However, if you have questions about the special conditions, please call your COPS Grant Program Specialist at 800.421.6770. Reasons for Grant Conditions The requirements of your Technology grant are established within: • The Public Safety Partnership and Community Policing Act of 1994 which established the COPS Office. • Applicable rules, regulations and policies issued by the U.S. Department of Justice, Office of Management and Budget (OMB), the Government Accountability Office (GAO), and the United States Treasury. • The specific Technology Program programmatic requirements established by the COPS Office. A list of source documents for this booklet is provided in Appendix A. You may request copies of any source reference document from: Office of Administration, Publication Unit New Executive Office Building, Room G 236 Washington, DC 20503 COPS -specific documents may be requested directly from the COPS Office. 8 1 2010 COPS Technology Program Grant Owner's Manual Review of Grant Conditions By signing the Award Document to accept this Technology Program grant, your agency agrees to abide by the following grant conditions: 1. Grant Owner's Manual The grantee agrees to comply with the terms and conditions in this 2010 COPS Technology Program Grant Owner's Manual; COPS statute (42 U.S.C. §. 3796dd, et seq.); 28 C.F.R. Part 66 or 28 C.FR. Part 70 as applicable (governing administrative requirements for grants and cooperative agreements); 2 C.F.R. Part 225 (OMB Circular A-8711 C.F.R. Part220 (OMB CircularA-2112 C.F.R. Part230 (OMB Circular A-111) and 48 C.F.R. Part 31.000 et seq. (FAR 31.2) as applicable (governing cost principles); OMB CircularA-133 (governing audits); representations made in the COPS Technology Program grant application, and all other applicable program requirements, laws, orders, regulations, or circulars. Why This Condition: This manual has been designed to inform you of the requirements, laws, regulations, and policies that apply to your grant. Your agency will be responsible for the information and rules contained in this manual and for implementing your grant in compliance with the applicable terms, conditions, and regulations. More detailed guidance regarding any particular grant requirement or your agency's specific circumstances can be requested through your COPS Grant Program Specialist. What You Should Do: Please read the entire Technology Program Grant Owner's Manual carefully prior to signing the grant Award Document. If you have any questions, please contact your COPS Grant Program Specialist. When accepting your grant award, you should ensure that the proper reporting and financial systems are in place to satisfy the grant requirements. 2. Assurances and Certifications The grantee acknowledges its agreement to comply with the Assurances and Certifications forms that were signed as part of its Technology Program application. Why This Condition: Although the COPS Office has made every effort to simplify the process of applying for and receiving grants, several provisions of federal law require us to seek your assurances and certification regarding certain matters. Most of the assurances and certifications apply to all federal grant programs. What You Should Do: Applicants to COPS grant programs are required to sign the Assurances and Certifications forms at the time of application. Signing these documents assures the COPS Office that you have read, understand, and accept the grant terms and conditions outlined in the Assurances and Certifications. Your agency is required to keep the Assurances and Certifications forms containing the original signatures of the law enforcement executive and government executive named on the COPS Application Attachment to the SF-424. The original signed forms must be furnished Grant Acceptance, Terms, and Conditions 9 upon request. Please read these documents carefully as signatures on these documents are treated as a material representation of fact upon which reliance will be placed when the U.S. Department of Justice determines whether to award the covered grant. Additional copies of the Assurances and Certifications forms are contained in Appendix B of this manual. If you have any questions about them, please contact your COPS Grant Program Specialist at 800.421.6770. 3. Allowable Costs The funding under this project is for the payment of approved costs for the continued development of technologies and automated systems to assist state, local, and tribal law enforcement agencies in investigating, responding to, and preventing crime. The allowable costs for which your agency's grant has been approved are limited to those listed on the Financial Clearance Memorandum, which is included in your agency's award package. The Financial Clearance Memorandum specifies the costs that your agency is allowed to fund with your Technology grant. It also describes any costs which have been disallowed after review of your proposed budget. Your agency may not use Technology grant funds for any costs that are not identified as allowable in the Financial Clearance Memorandum. Why This Condition: The funding under this project is for the purchase of items and services approved by the COPS Office as reflected in the Financial Clearance Memorandum, The COPS Technology Program funds the purchase of technology, services, and other items that will allow recipients the opportunity to establish and enhance a variety of technical equipment and/or projects to encourage the continuation and advancement of community policing efforts within their jurisdictions. To be eligible for payment under this grant, the purchase of approved items must be made after the grant award start date and comply with the guidelines described in Section III, "Accessing Grant Funds"of this manual. Section IV, "Financial Record Maintenance" outlines the types of records you must keep to document that you followed this grant condition. Purchases must also reflect the costs that were approved as shown in the Financial Clearance Memorandum. What You Should Do: Refer to your Financial Clearance Memorandum for the list of approved allowable costs. Listed below are the budget categories that may appear on your Financial Clearance Memorandum. As long as funds are spent during the grant period on the equipment and technology, supplies, travel, contracts/consultants, salaries and benefits, and other costs that were documented in your application's budget summary and were approved through the issuance of the Financial Clearance Memorandum, this grant condition will be satisfied. Civilian/Non-sworn Personnel (Salaries and Benefits) Civilian support personnel must be hired on or after the grant award start date, and specifically for the Technology Program project. In addition, a position's salary must be reasonable for the services rendered, and must be paid to a person appointed under the law or rules governing hiring by your agency. Salary payments must be based on payroll records. Time and attendance records or the equivalent must 10 2010 COPS Technology Program Grant Owners Manual support payroll records. Grant -funded salary and benefit costs must supplement, not supplant (replace), locally -funded personnel costs that would have been funded even in the absence of this grant. If any civilian personnel are employed on a part- time or temporary basis, then the agency must have specified the percentage of time that each person is working solely on the project identified in the agency's Technology Program proposal. Fringe benefits may be paid if they are part of a reasonable compensation package offered to your employees. Particular items of fringe benefits must fall within the categories authorized by the COPS Office. Authorized fringe benefits include FICA, Social Security, health insurance, life insurance, vacation, sick leave, retirement, worker's compensation, and unemployment insurance. Equipment/Technology To be eligible for payment under this grant, the purchase of equipment and technology must occur on or after the award start date, the items must be those specifically applied for and approved by the COPS Office, and they must meet the guidelines described in 28 C.F.R. 66 or 28 C.F.R. 70, as applicable. Equipment or technology purchased on or after the award start date must be in addition to purchases that the grantee is obligated or funded to make in its current budget. Funds currently budgeted to purchase equipment or technology may not be reallocated to other purposes or reimbursed upon the award of a Technology Program grant. Supplies All supplies must be solely used for the project identified in your project proposal, Reimbursements for office supplies that are consumed by routine administrative purposes instead of project -related activities are prohibited. Items must meet the guidelines described in 28 C.F.R. 66.33 or 28 C.F.R. 70.35, as applicable. Travel/Training Travel costs for transportation, lodging, subsistence, and related items are allowable under the Technology Program with prior approval from the COPS Office. For grantees subject to 2 C.F.R. Part 220 (OMB Circular A-21) Cost Principles for Educational Institutions; 2 C.F.R. Part 225 (OMB Circular A-87) Cost Principles for State, Local and Indian Tribal Governments; or 2 C.F.R. Part 230 (OMB Circular A-122) Cost Principles for Non -Profit Organizations, travel costs incurred directly by the grantee or costs incurred for project -related non -grantee travel will be reimbursed based upon the grantee's written institutional travel policy (if available) and if the costs are reasonable and allocable under the project. In the absence of an acceptable and available institutional travel policy, allowable per diem travel costs for lodging, meals and incidentals will be reimbursed based on the established GSA per diem rates for the relevant geographic area. These rates can be found at www.gsa.gov. Allowable airfare travel costs will be reimbursed based upon the lowest discount commercial airfare, the federal government contract airfare, if authorized and available, or standard coach airfare. For grantees subject to 48 C.F.R. Part 31.000, et seq. (FAR-31.2) Cost Principles for Commercial Organizations, travel costs incurred directly by the grantee will be Grant Acceptance, Terms, and Conditions 11 reimbursed if the costs are reasonable and allocable under the project. Travel costs for lodging, meals and incidental expenses may be reimbursed based upon per diem, actual expenses or a combination of these methods, as long as the reimbursement rate does not exceed established GSA per diem rates as set forth in the Federal Travel Regulation. Transportation costs may be reimbursed based on mileage rates, actual costs incurred, or a combination of these methods. Allowable airfare travel costs will be reimbursed based upon standard coach fare, unless otherwise authorized in advance by the COPS Office. The COPS Technology Program will fund grant -related travel costs for the grantee agency or other (non -grantee) individuals to attend training and technical assistance conferences, seminars, or classes, or to visit a site specified in the application. Allowable expenses for grant -related lodging, meals and incidental expenses that were included in the application have been approved by the COPS Office as part of the Technology Program grant and final budget. Your agency should keep timely and accurate records of all travel expenses. If at anytime these costs change, you should immediately contact your COPS Grant Program Specialist to obtain a grant modification. Contracts/Consultants Compensation for individual consultant services procured under a COPS grant must be reasonable and allocable in accordance with OMB cost principles, and consistent with that paid for similar services in the marketplace. Unless otherwise approved by the COPS Office, consultant rates will be based on the salary a consultant receives from his or her primary employer, as applicable, up to $550 per day. For consultant or contractor rates which exceed $550 per day, the COPS Office requires written justification if the consultants or contractors are hired through a noncompetitive bidding process, and grantees must receive COPS Office approval of those rates before drawing down grant funds. Determinations will be made on a case -by -case basis. Fringe benefits may be paid if they are part of a reasonable compensation package offered to your employees. Particular items of fringe benefits must fall within the categories authorized by the COPS Office. Authorized fringe benefits include FICA, Social Security, health insurance, life insurance, vacation, sick leave, retirement, worker's compensation, and unemployment insurance. Other Costs The purchase of project -related expenditures that do not conform to any other category descriptions specified above were included in this section of your Financial Clearance Memorandum. In addition, items that have a direct correlation to the overall success of a grantee's project objectives and are necessary for the project to reach full implementation will be considered on a case -by -case basis by the COPS Office. Requests may be made only for items or positions that are not otherwise budgeted with state, local, or Bureau of Indian Affairs funds, and would not be funded in the absence of the Technology Program grant. If at any time you are unsure if an item is considered allowable or not, please contact your COPS Grant Program Specialist for further assistance. Please be advised that grantees may not use COPS funding for the same item or service also funded by another Department of Justice award. 12 2010 COPS Technology Program Grant Owner's Manual 4. Travel Costs Travel costs for transportation, lodging and subsistence, and related items are allowable under the Technology Program with prior approval from the COPS Office. Payment for allowable travel costs will be in accordance with 2 C.F.R. Part225 (OMB CirculorA-87, Cost Principles for State, Local, and Indian Tribal Governments), 2 C.FR. Part 220 (OMB Circular A-2 1, Cost Principles for Educational Institutions), 2 C.FR. Part 230 (OMB Circular A-122, Cost Principles for Non -Profit Organizations), and 48 C.F.R. Part 31.000, et seq. (FAR-31.2, Cost Principles for Commercial Organizations), as applicable. Why This Condition: The COPS Technology Program will fund grant -related travel costs for the grantee agency or other (non -grantee) individuals to attend training and technical assistance conferences, seminars, or classes, or to visit a site specified in the original application. Allowable expenses for grant -related lodging, meals, and incidental expenses that were included in the application were approved by the COPS Office as part of your agency's Technology Program award and final budget. For more information, please refer to Grant Condition #3, "Allowable Costs" What You Should Do: Your agency should refer to your Financial Clearance Memorandum for a list of approved travel costs and use Technology Program funds only for those approved travel costs incurred during the grant period. In addition, your agency should keep timely and accurate records of all travel expenses. If at any time these costs change, you should immediately contact your COPS Grant Program Specialist to obtain a grant modification. 5. Technology and Information -Sharing Standards When procuring information -sharing services, hardware, software, or other equipment, the grantee agrees to procure and implement those items in accordance with the applicable standards outlined in the terms and conditions of the Grant Owner's Manual. Land Mobile Radio (LMR) Systems All new digital voice systems should be compliant with the Project 25 (P25) suite of standards. This recommendation is intended for government -owned or -leased digital land mobile public safety radio equipment. Its purpose is to ensure that such equipment or systems can interoperate with other digital emergency response land mobile equipment or systems. It is not intended to apply to commercial services that offer other types of interoperability solutions. Further, it does not exclude any application if the application demonstrates that the system or equipment being proposed will lead to enhanced interoperability. With input from the user community, these standards have been developed to support backward compatibility with existing digital and analog systems and to provide for interoperability in future systems. The FCC adopted the P25 suite of standards for voice and low -speed data interoperability in the new nationwide 700 megahertz (MHz) frequency band for the designated interoperability channels. Most federal agencies with a public safety mission that operate mission critical Push -To - Talk (PTT) radio systems have chosen the P25 suite of standards for their digital radio solutions. This includes the U.S. Department of Defense, which uses this technology for its non -tactical communications. Grant Acceptance, Terms, and Conditions 13 This guidance does not preclude funding non-P25 equipment when there are compelling reasons for using other solutions. However, the first priority of federal funding (subject to the statutory authority of the grantor agency or the objectives of the grant program when the applicant is seeking federal grant funding) for improving public safety communications is to provide basic, operable communications within a department, with safety as the overriding consideration. Funding requests by agencies to replace or add radio equipment to an existing non-P25 system (such as procuring new portables for an existing analog system) will be considered if there is an explanation for how the radio selection will improve interoperability or support eventual migration to interoperable systems. Absent these compelling reasons, the Department of Homeland Security SAFECOM Program intends that P25 equipment will be preferred for LMR systems to which the standard applies. When purchasing Project 25 land mobile radio equipment/systems, grantees should, at a minimum, ensure that the vendor has participated in the Project 25 Compliance Assessment Program (P25 CAP) by testing that equipment. Where such equipment is covered in the Project 25 Compliance Assessment Program Requirements document found at www.safecomproaram.gov/SAFECOM/currentiroiects/Pro6ect25cal2 it must be tested in accordance with applicable standards and policies of the P25 CAP, and evidence of this testing will be presented through Supplier's Declarations of Compliance and Summary Test Reports that have been posted to the FEMA Responder Knowledge Base website at www.rkb.us. Data -Related Information -Sharing Systems Grant funded systems, developmental activities, or services related to emergency response information sharing should comply with the Organization for the Advancement of Structured Information Standards (OASIS) Emergency Data Exchange Language (EDXL) data messaging standards. OASIS is a not -for -profit consortium that drives the development, convergence and adoption of open standards for the global information society. Compliance should include the OASIS EDXL Common Alerting Protocol (CAP), version 1.1 or latest version, and the OASIS EDXL Distribution Element (DE), version 1.0 or latest version. Systems should also comply with the Hospital Availability Exchange (HAVE) and Resource Messaging (RM) standards, which were finalized in late 2009. More information on the OASIS EDXL standards can be found at: www.oasis-ooen.ora/specs. This guidance does not preclude funding of non -OASIS EDXL-compliant systems when there are compelling reasons for using other solutions. Absent such compelling reasons, the OASIS EDXL standards identified above are the preferred standards. Grant funded systems, developmental activities, or services related to emergency response information sharing should also leverage the National Information Exchange Model (NIEM) for data component or element standards. More information on other OASIS standards can be found at: www.oasis-ooen.ora. For any procurements of equipment with Geographical Information Systems (GIS), equipment must conform to applicable standards, which may include a common operating picture or minimum level of data layers. 14 2010 COPS Technology Program Grant Owner's Manual Why This Condition: When procuring information -sharing services, hardware, software, or other equipment, the grantee agrees to procure and implement those items in accordance with the applicable standards. What You Should Do: For more details on the information -sharing standards, specifications, implementation guidelines, and other helpful information related to your project, please refer to the following online resources: OJP Information Technology Initiatives - www.it.o-ap.gov National Fusion Center Guidelines - www.it.oip.gov/default,a-spx?area= national Initiatives&oaae=1181 LEITSC Specifications for CAD and RMS - www.leitsc.org b. Supplementing, Not Supplanting State, local, and tribal governments must use Technology Program grant funds to supplement and not supplant, state, local, or Bureau of Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for grant purposes (hiring, training, purchases, and/or activities) during the grant period. In other words, grantees may not use COPS funds to supplant (replace) state, local, or Bureau of Indian Affairs funds that would have been dedicated to the COPS -funded item(s) in the absence of the COPS grant. Why This Condition: The COPS statutory nonsupplanting requirement mandates that grant funds may not be used to replace state or local funds (or, for tribal grantees, Bureau of Indian Affairs funds) that would, in the absence of federal aid, be made available for the grant purposes. What You Should Do: Technology Program grantees may not use grant funds to pay for any item or cost funded under the grant (equipment, personnel, training, etc.) if that item or cost was otherwise budgeted with state, local, or Bureau of Indian Affairs funds, or committed to the grantee's budget. In addition, state and local grantees may not reallocate state, local, or BIA funds from one area within the law enforcement budget to another as a result of receiving Technology Program grant funds. Personnel -To meet this grant condition, you must ensure that. • Each individual employed under the Technology Program is newly hired on or after the grant award start date, unless an exception is authorized in writing by the COPS Office. If current personnel are redeployed into this program, they must be paid with local funds. The COPS grant funds may be used to backfill the resulting vacancy with newly hired personnel for an equivalent amount of time. • Any civilian(s) that you are hiring not only brings your force to a number over and above the number of funded civilian positions that you had on the date of your Technology Program application (including funded but vacant positions), but over and above the number of locally -funded positions during the grant award period. Grant Acceptance, Terms, and Conditions 15 • During the life of your grant, you must continue to hire as many new, locally - funded civilians as you would have if you had not received your grant. You may not cancel or postpone spending money in your budget that is committed to hiring other new civilians. • You must take expeditious and timely steps to fill any vacancies that were created on or after the date of your grant application by retirement, resignation, or other reasons with new civilians other than your Technology Program civilians. Example: If you are redeploying a current employee who would otherwise be paid $30,000 in salary and benefits during the life of the grant project, your agency must continue to pay this employee with local funds. The COPS grant funds may be used to "backfill"the resulting vacancy with a new hire, even though the COPS -funded civilian will not be working directly on the Technology Program project. Equipment and Technology - To meet this grant condition, you must ensure that: • Equipment and technology must be purchased on or after the award start date (unless an exception is authorized in writing by the COPS Office) and must be in addition to purchases that the grantee is obligated or funded to make in the current budget. Funds currently allocated to purchase equipment or technology may not be reallocated to other purposes or reimbursed upon the award of a Technology Program grant. For example, grantees who have budgeted local funds to pay for a new computer system may not reallocate those funds to pay for any other law enforcement cost as a result of receiving Technology Program funds for the same computer system. Training - To meet this grant condition, you must ensure that: • Any training provided by the Technology Program grant is in addition to the number of hours of training already provided by your agency. Funds currently allocated for training may not be reallocated to other purposes. Note: This grant condition applies to all state or locally -funded agencies working in partnership with your agency under this grant. Your agency is responsible for ensuring that any state or locally -funded partnership agencies use COPS funds only to supplement, not supplant, their state or local funding as described in this condition. 7. Extensions Your agency may request an extension of the grant award period to receive additional time to implement your grant program. Such extensions do not provide additional funding. Only those grantees that can provide a reasonable justification for delays will be granted no -cost extensions. Extension requests must be received prior to the end date of the award. Any extension requests received after an award has expired will be approved only under very limited circumstances. Why This Condition: Under federal regulations, requests to extend the grant award period require prior written approval from the COPS Office. Without an approved extension, your agency is not permitted to draw down federal funding for costs incurred beyond the official grant award end date. However, if justified, the COPS Office seeks to accommodate reasonable requests for no -cost time extensions to fully implement the COPS grant. 16 2010 COPS Technology Program Grant Owner's Manual What You Should Do: The COPS Office will contact your agency during the last quarter of the grant award period to determine whether a no -cost time extension is needed. Requests to extend the grant award period must be received by the COPS Office before the official grant award end date. Failure to submit a request for a no -cost time extension by the end date may result in the immediate deobligation of any remaining grant funds. 8. Modifications Occasionally, a change in an agency's fiscal or law enforcement situation necessitates a change in its Technology Program award. Grant modifications under the Technology Program are evaluated on a case -by -case basis. All modification requests involving the purchase of new budget items must be approved, in writing, by the COPS Office prior to their implementation. In addition, please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds. Why This Condition: The COPS Office realizes that agencies may need to reprogram grant funds. Acceptable examples of such award modifications include purchasing additional equipment using cost -savings from approved items, or purchasing a different type of equipment due to changing needs. Under federal regulations, you may expend grant funds only as approved in the Financial Clearance Memorandum. Any requests to change or alter grant awards require written approval from the COPS Office prior to their implementation. Without prior written approval, you must continue to implement your grant as it was originally awarded and accepted by your agency. Please be advised that reprogramming requests for unallowable costs will not be approved (e.g., construction, indirect costs, etc.). What You Should Do: If you wish to modify your grant award, you are required to submit your plan in writing to the COPS Office for approval. Grantees must request a modification to the award by submitting a letter on official letterhead that includes: • ORI number • Grant number • Details of the original award • A description of the proposed changes, including each new item proposed for purchase, its purpose, and how it relates to the overall project • Revised budget worksheets that reflect all changes. Please contact your COPS Grant Program Specialist for Modified Budget Detail Worksheets and further direction on any additional requirements that may apply to your modification request. The COPS Office will then evaluate your request and notify your agency, in writing, of our decision. Grant Acceptance, Terms, and Conditions 17 9. Evaluations The COPS Office may conduct monitoring or sponsor national evaluations of the COPS Technology Program. The grantee agrees to cooperate with the monitors and evaluators. Why This Condition: The Public Safety Partnership and Community Policing Act of 1994 states that evaluations of the program may be carried out or commissioned by the Attorney General for the furtherance of the purposes of the Act. The COPS Office conducts evaluations to determine what programs are working, how programs may be improved, and why certain programs are more successful than others. Specifically, the COPS Office may assess the way in which your agency implements its Technology Program grant. In some jurisdictions, COPS staff or evaluators may study the effectiveness of funded programs, projects, and activities. Evaluators may collect information about the programs'effect on data information sharing and voice interoperability capabilities, crime, victims of crime, and the quality of life in communities. In addition, they may ask questions about the challenges encountered during project implementation, how residents feel about community policing and how police feel about their work. This information will be useful to other communities and police agencies across the country. What You Should Do: When evaluations are undertaken, you may be contacted in writing with specific requests for information. In general, evaluators may need to speak with individuals in your agency or department, observe activities, and obtain written reports about and from your agency or department. You will be asked to facilitate any site visits and information -gathering activities. In addition, you will be asked to provide accurate and timely information about your grant activities. You should fully comply with any requests made regarding these evaluations. 10. Reports To assist the COPS Office in the monitoring of your award, your agency will be responsible for submitting periodic programmatic progress reports and quarterly financial reports. Why This Condition: The Public Safety Partnership and Community Policing Act of 1994 and other federal regulations and policies require that financial assistance provided by the federal government be monitored carefully to ensure the proper use of federal funds. In addition, the COPS Office seeks to document, on a continuing basis, the progress of our programs and grantees. What You Should Do: This grant condition is designed to make your agency aware of reporting requirements associated with Technology Program grants. These reports are discussed in greater detail in Section VI, "Reports;' of this manual. All reports should be submitted within the deadlines given to avoid suspension or possible termination of grant funds or other remedial actions. 18 2010 COPS Technology Program Grant Owner's Manual 11. Grant Monitoring Activities Federal law requires that law enforcement agencies receiving federal funding from the COPS Office must be monitored to ensure compliance with their grant conditions and other applicable statutory regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing. Both aspects of grant implementation —compliance and programmatic benefits —are part of the monitoring process coordinated by the U.S. Department ofJustice. Grant monitoring activities conducted by the COPS Office include site visits, office -based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a COPS Technology grantee, you agree to cooperate with and respond to any requests for information pertaining to your grant. Why This Condition: The Public Safety Partnership and Community Policing Act of 1994 states that each grant program must contain a monitoring component. The COPS Office actively monitors how grantees are adhering to COPS grant requirements and develops the best technical assistance based on this feedback. What You Should Do: Your agency may be required to accommodate routine and non -routine efforts by the COPS Office, or an entity designated by COPS, to examine your agency's use of federal funds, both programmatically and financially. The most common ways are: Site Visits —The COPS Office conducts grantee site visits to ensure compliance with grant terms and conditions. These visits also provide firsthand observation of the grantee's community policing strategies. Promising practices identified during site visits are documented and may be shared with the law enforcement community. Technical assistance and follow-up are conducted to address potential and actual vulnerabilities. The purpose of site visits is therefore three -fold: review community policing activities, ensure grantee compliance, and provide service and technical assistance. If selected, you will be notified in writing in advance of any on -site review of your COPS grants. This review is generally performed over a one or more day period and also provides an opportunity for agency representatives to seek assistance on any grant implementation issues. Your agency will be notified in writing of the results and any action required to remedy identified grant violations. 2. Office -Based Grant Reviews (OBGRs)--Certain grants are selected for a review conducted at the COPS Office. If selected, your agency will be contacted at the start of this review and our staff will work with your agency to correct any grant problems or deficiencies through telephone, e-mail, fax and/or written correspondence with your agency. 3. Complaints —The COPS Office responds to complaints from citizens, labor associations, media, and other sources. Written complaints or allegations are reviewed by the COPS Office Grant Monitoring Division, and may result in a review of your agency's grants to determine compliance with grant conditions. Grantees are responsible for remedying any grant noncompliance that is identified through these or other monitoring or auditing activities. Remedies for noncompliance may include, but are not limited to: suspending grant funding, repaying misused grant funds, voluntary withdrawal from or involuntary termination of remaining grant funds, and bars from receiving future COPS grants. To avoid findings of noncompliance, grantees are strongly encouraged to contact the Grant Acceptance, Terms, and Conditions 19 COPS Office at any time during the life of a COPS grant with questions concerning grant requirements and also to maintain all relevant documentation that may demonstrate grant compliance. For more information, please contact the COPS Office Grant Monitoring Division at 800.421.6770 or at ask.Copsousdoj.gov. 12. Equal Employment Opportunity Plan (EEOP) All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan (28 C.F.R. Port 42 subpart E). Why This Condition: It is the experience of the Justice Department in implementing its responsibilities under the Omnibus Crime Control and Safe Streets Act of 1968 (Safe Streets Act), the statute that established the COPS Office, that "the full and equal participation of women and minority individuals in employment opportunities in the criminal justice system is a necessary component to the Safe Streets Act's program to reduce crime and delinquency in the United States." 28 C.F.R. § 42.301. The Equal Employment Opportunity Plan (ESOP) does not impose quotas or hiring requirements on recipients of federal funds. What You Should Do: The obligations to comply with the EEOP requirement differ depending on your organization's legal status, the number of its employees, and the amount of the award. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization, or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form, which explains that your organization is eligible for this exemption, and then return the form to the Office for Civil Rights (OCR), Office of Justice Programs, U.S. Department of Justice, 810 7th Street, N.W., Washington, DC 20531. The Certification Form can be found at www,o4p,usdoi.gov/about/ocr/eeop.htm, Recipients that are exempt from the EEOP requirement are still responsible for complying with all applicable federal civil rights laws that prohibit recipients from discriminating in employment or in the delivery of services or benefits. If your organization is a governmental agency or a business and has received a single award between $25,000 and $500,000 and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then your organization has to prepare an EEOP Short Form, but it does not have to submit the EEOP Short Form to the OCR for review. Instead, your organization has to maintain the EEOP Short Form on file and make it available to the OCR for review on request. For assistance in developing an ESOP Short Form, please consult OCR's website at www. oip.usdoj.gov/about/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at the OCR by calling 202.616.3208. In addition, your organization has to complete Section 6 of the Certification Form, which explains that your organization is eligible for the exemption from the submission requirement, and your organization must return the form to the OCR at the above address. The Certification Form can be found at www.oip.usdoj.gov/about/ocr/eeop.htm. 20 2010 COPS Technology Program Grant Owner's Manual If your organization is a governmental agency or business and has received a single award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an ESOP Short Form and submit it for review to the OCR at the above address within 60 days of the notification of the award. For assistance in developing an EEOP Short Form, please consult OCR's website at www,oil2,usdo'.aov/about/ocrzeeop.htm. You may also request technical assistance from an EEOP specialist at the OCR by calling 202.616.3208. 13. Criminal Intelligence Systems Grantees using Technology Program funds to operate an interjurisdictional criminal intelligence system must comply with operating principles of 28 C.F.R. Part 23. The grantee acknowledges that it has completed, signed and submitted with its grant application the relevant Special Condition certifying its compliance with 28 C.F.R. Part 23, Why This Condition: If your agency receives funding for equipment or technology that will be used to operate an interjurisdictional criminal intelligence system, you must comply with the operating principles found at 28 C.F.R. Part 23. An "interjurisdictional criminal intelligence system" is generally defined as a system which receives, stores, analyzes, and exchanges or disseminates data regarding ongoing pre -arrest criminal activities (examples of such activities include, but are not limited to, loan sharking, drug or stolen property trafficking, gambling, extortion, smuggling, bribery, and public corruption) and shares this data with other law enforcement jurisdictions. 28 C.F.R. Part 23 contains operating principles for these interjurisdictional criminal information systems which protect individual privacy and constitutional rights. If your agency will use Technology Program grant funds simply to operate a single agency database (or other unrelated forms of technology) and will not share criminal intelligence data with other jurisdictions, 28 C.F.R. Part 23 does not apply to this grant. What You Should Do: All Technology Program recipients were required to agree to the Criminal Intelligence Systems/28 C.F.R. Part 23 Compliance Special Condition as part of their application proposal so the COPS Office can track which agencies intend to use their grant funds to operate interjurisdictional criminal intelligence systems. If your agency intends to use grant funds to operate an interjurisdictional criminal intelligence system, you should have indicated this in your application and certified your agency's agreement to comply with the operating principles found at 28 C.F.R. Part 23. Your agency now must comply with 28 C.F.R. Part 23 in operating the interjurisdictional criminal intelligence system funded through your Technology Program grant. 14. Sole Source Justification Grantees who have been awarded funding for the procurement of an item (or group of items) or service in excess of $100,000 and who plan to seek approval for use of a noncompetitive procurement process must provide a written sole source justification to the COPS Office for approval prior to obligating, expending, or drawing dawn grant funds for that item. Grant Acceptance, Terms, and Conditions 21 Why This Condition: In general, grant recipients are required to procure funded items through open and free competition. However, in some instances, grantees may have already determined that competition is not feasible. What You Should Do: If you have received an award for an item (or group of items) or service in excess of $100,000 and have already determined that the award of a contract through a competitive process is infeasible, you must provide a written justification that explains why it is necessary to contract noncompetitively. The initial determination that competition is not feasible can be made if one of the following circumstances exists: 1. The item (or group of items) or service is available only from a single source; 2. Public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; or 3. Competition is determined inadequate after solicitation of a number of sources. The COPS Office will review your request and the supporting information that you provide and will make a determination as to whether or not an exception can be granted to the general rule regarding competition. If submitting a sole source justification request to the COPS Office, please use the format described in Section II, "Procurement Process" 15. Public Release Information The grantee agrees to submit one copy of all reports and proposed publications resulting from this grant.20 days prior to public release. Any publications (including written, software, visual, or sound, but excluding press releases, newsletters, and issue analyses), whether published at the recipient's or government's expense, shall contain the following statement. "This project was supported by Grant # , awarded by the U.S. Department of Justice, Office of Community Oriented Policing Services. The opinions contained herein are those of the author(s) and do not necessarily represent the official position or policies of the U.S. Department ofJustice. References to specific companies, products, or services should not be considered an endorsement by the author(s) or the U.S. Department of Justice. Rather, the references are illustrations to supplement discussion of the issues." Why This Condition: The COPS Office wants to ensure the quality, objectivity, utility and integrity of information in funded projects that are disseminated to the public. However, grant - funded reports and publications are not official federal documents and should not be construed to reflect the official policy or position of the U.S. Department of Justice. In addition, the COPS Office reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, for federal government purposes, the following: (1) the copyright in any work developed under the Technology Program grant, subgrant or contract, and (2) any copyright to which a grant recipient, subgrantee, or a contractor purchases ownership with support from the Technology Program. 22 2010 COPS Technology Program Grant Owner's Manual What You Should Do: Ensure that all publications (where applicable) relating to your COPS Technology Program grant contain the required statement listed above. In addition, ensure that your agency acquires rights for copyrighted material for inclusion in Department of Justice publications that are compiled, written or prepared under the award, including the payment of required fees. Any copyright holders should be notified that the federal government reserves a royalty -free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use the publication for federal government purposes. Additionally, any publication and distribution agreements with a publisher shall include provisions giving the federal government a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use the publication for federal government purposes. The agreements with a publisher should contain information on the awarding agency requirements. If you have any specific questions regarding when this statement must be included, please contact the COPS External Affairs Division at 800.421.6770. 16. Employment Eligibility The grantee agrees to complete and keep on file, as appropriate, a Bureau of Citizenship and Immigration Services Employment Eligibility Verification Form (1-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. Why This Condition: Under federal immigration law, all employers are required to take certain steps to ensure that persons that are hired are legally permitted to work in the United States. The Bureau of Citizenship and Immigration Services Employment Eligibility Verification Form (1-9) outlines the types of documents that an employer should review to confirm that a new hire is eligible for employment. What You Should Do: You do not need to submit any documentation to the COPS Office to satisfy this condition. Rather, you should complete and maintain the 1-9 forms for all new employees under the guidelines set forth by the Bureau of Citizenship and Immigration Services. For further information about this requirement, you may contact the Bureau's Office of Business Liaison at 800.357.2099 or the National Customer Service Center at 800.375.5283. Grant Acceptance, Terms, and Conditions 23 17. State Information Technology Point of Contact To facilitate communication among local and state governmental agencies regarding various information technology projects, the grantee agrees to notify the appropriate State Information Technology Point of Contact of the receipt of this grant award. For a list of State Information Technology Points of Contact visit www.it.ojp.aov/default.aspx? nor ta=policy d► P_ractice&page=1046. Why This Condition: The COPS Office is committed to promoting communication between state and local law enforcement. What You Should Do: Upon receiving the award, your agency should contact your State Information Technology Point of Contact for further guidance. The COPS Office is committed to avoiding duplication of existing law enforcement information -sharing networks or IT systems that involve interagency connectivity between jurisdictions. Therefore, such COPS -funded systems should employ, to the extent possible, existing systems such as Law Enforcement Online (LEO), Regional Information Sharing Systems (KISS), Joint Regional Information Exchange System (DRIES), etc. as the communication backbone to achieve interstate connectivity. 18. National Environmental Policy Act The grantee agrees to comply with 28 C.F.R. Part 61 (Procedures for Implementing the National Environmental Policy Act). Why This Condition: The National Environmental Policy Act (NEPA) establishes a national goal of protecting the environment. NEPA's requirements apply to federal projects, decisions, or actions, including grants in aid, that might have a significant impact on the quality of the human environment. Renovation and construction initiated by state or local law enforcement agencies with COPS grant funding are subject to NEPA. These projects are usually subject to related environmental impact review and consultation provisions within the following environmental statutes and executive orders: Coastal Zone Management Act; Coastal Barrier Resources Act; Clean Air Act; Safe Drinking Water Act; Federal Water Pollution Control Act; Endangered Species Act; Wild and Scenic Rivers Act; National Historic Preservation Act; Farmland Protection Policy Act; and Executive Orders related to the protection of wetlands, flood plain management, and environmental justice. What You Should Do: Please note that construction and renovation costs are unallowable under the Technology Program, and grant funds cannot be awarded and/or expended for a project that has the potential of impacting the environment. To minimize harm to the environment, the COPS Office may encourage grantees to modify their projects to minimize adverse environmental impacts. If your agency needs guidance, you may contact the COPS Legal Division at 202.514,3750 for further assistance. 24 2010 COPS Technology Program Grant Owners Manual 19. False Statements False statements or claims made in connection with COPS grants may result in fines, imprisonment, or debarment from participating in federal grants or contracts, and/or any other remedy available by law. Why This Condition: This condition advises recipients of the consequences of submitting false claims or statements on applications, financial and programmatic reports, or other grant documents. What You Should Do: Ensure that all documentation related to your agency's receipt and use of grant funding (grant applications, progress reports, Federal Financial Reports, etc.) is true and accurate. 20. Additional High -Risk Grantee Requirements The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the awarding agency determines that the recipient is a high -risk grantee (28 C.F.R. Parts 66 and 70). Why This Condition: The Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, 28 C.F.R. 66.12, and for Institutions of Higher Education, Hospitals and Other Non -Profit Organizations, 28 C.F.R. 70.14, provide that a grantee or applicant may be considered "high risk" if the Department of Justice determines that there is unsatisfactory performance, financial or administrative instability, nonconformity with award terms and conditions, or other lack of responsibility. In such cases, the Department of Justice may impose special conditions or restrictions that may include requiring the production of documentation, financial grant administration training, on -site monitoring, prior approval for expenditure of funds, quarterly progress reports, separate bank accounts, or other requirements. What You Should Do: In order to obtain a COPS grant, recipients must agree to comply with any additional requirements that may be imposed during the grant performance period if the awarding agency determines that the recipient is a high -risk grantee. Grant Acceptance, Terms, and Conditions 25 What are the specific rules regarding termination of grant funding? The COPS Office has the right to sanction or terminate your agency's project when there is reason to believe that your agency: • Is not substantially complying with the grant requirements or other applicable provisions of federal law; • Is failing to make satisfactory progress toward the goals or strategies outlined in its application; • Is not adhering to grant requirements or conditions, • Is proposing substantial plan changes to the extent that, if originally submitted, would have resulted in the application being denied funding; • Is not submitting financial or programmatic reports in a timely manner; • Is filing false statements or certifications in connection with an application, periodic report, or other grant -related documents; and/or • Is providing other good cause for sanctions or termination as determined by the COPS Office. In these instances, the COPS Office may: • Temporarily withhold payments pending correction of the situation by your agency; • Disallow all or part of the cost of the activity or action not in compliance; • Wholly or partly suspend or terminate your grant; • Require that some or all of the grant funds be remitted to the U.S. Department of Justice; • Condition a future grant or elect not to provide future grant funds to your agency until appropriate actions are taken to ensure compliance; • Withhold or bar your agency from obtaining future awards; • Recommend civil or criminal enforcement by other agencies; and/or • Take other remedies that may be legally available. In the event that sanctions are imposed or your grant is terminated, your agency will be notified in writing of our decision and the reason(s) for that decision. 26 2010 COPS Technology Program Grant Owners Manual Accepting the Grant Award After you have reviewed the conditions of your Technology Program award and your agency agrees with these conditions, you are ready to accept the award. The Director of the COPS Office has signed the Award Document indicating approval of your grant, an obligation of federal funds to your organization, and our commitment to the award. As stated at the beginning of this section, to officially begin your grant and draw down your funds, the authorized officials (see Section IX, "Glossary of Terms') must sign the Award Document and return the original document to: U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Attention: Sponsored Branch Control Desk 1100 Vermont Avenue, N.W., 9th Floor Washington, DC 20530 (For overnight delivery, please use 20005 as the ZIP Code.) Since COPS is required to maintain the original Award Document with original signatures in our files, faxed or altered copies of the Award Document cannot be accepted. Who should sign the Award Document for our agency? The "authorized officials" are the law enforcement and government executives who have ultimate and final responsibility for all programmatic and financial decisions regarding this grant as representatives of the legal grantee. COPS grants require that both the top law enforcement executive (e.g., Chief of Police, Sheriff, or equivalent) and the top government executive (e.g., Mayor, Board Chairman, or equivalent) sign the Award Document. For non -law enforcement agencies (universities, private organizations, etc.), the authorized officials are the programmatic and financial officials who have the ultimate signatory authority to sign contracts on behalf of your organization. Typically, these are the same executives who signed the forms located in your Technology Program application package (if one or both of these individuals have changed, please complete a Change of Information form online at www.co sp usdoyyov through the Account Access option). If you have any questions as to who should sign the award, please contact your jurisdiction's local legal advisor. When must the Award Document be returned? Please return the original signed Award Document within 90 days of the date on the award congratulatory letter. Grant funds will not be released until we have received your agency's original signed Award Document, your budget has received final clearance, and any other relevant grant conditions particular to your agency have been satisfied. Failure to submit your signed Award Document within the 90-day award acceptance period may result in your Technology Program award being withdrawn and the funds deobligated without additional notification. If your agency requires an extension for accepting the award beyond the 90-day acceptance timeframe, please submit a written request to your COPS Grant Program Specialist. Be sure to explain the circumstances that prevent your agency from returning the Award Document within the 90-day period, and identify the date by which the Award Document will be signed and mailed to the COPS Office. The COPS Office will review such requests on a case -by -case basis. The COPS Office reserves the right to deny requests to extend the 90-day award acceptance period. II. Procurement Process 28 2010 COPS Technology Program Grant Owner's Manual 11. PROCUREMENT PROCESS In general, grant recipients are required to procure funded items through open and free competition when feasible. For the purchase of equipment, technology or services under a COPS grant award, grant recipients must follow their own policies and procedures on procurement as long as those requirements conform to the federal procurement requirements set forth in 28 C.F.R. § 66.36 and 28 C.F.R. § 70 (as applicable). As described in Grant Condition #14, grantees are required to submit a sole source justification (SSJ) request if a competitive bidding will not be possible and the threshold of $100,000 for goods or services to be procured through a sole source is met. The COPS Office will review your request and supporting information to determine whether an exception can be granted to the general rule of open competition. Written approval from the COPS Office for the use of a sole source must be received prior to purchasing items or services, obligating funding for a contract, or entering into a contract with grant funds. All grantees are expected to review and abide by 28 C.F.R. Part 66.36 Procurement (or 28 C.F.R. Part 70.40 - 70.48 for institutions of higher education, hospitals and other non-profit organizations) in determining if an SSJ must be completed. Please contact your COPS Grant Program Specialist at 800.421.6770 for further assistance with this federal regulation. A sole source justification request should be submitted if a grant recipient determines that the award of a contract through a competitive process is infeasible, and if one or more of the following circumstances apply: 1. The item (or group of items) or service is available only from one source; 2. The public exigency or emergency for the item/service will not permit a delay resulting from competitive solicitation; or 3. Competition is determined inadequate after solicitation of a number of sources. What documentation must be submitted to the COPS Office for sole source approval? Requests for sole source procurements of equipment, technology, or services in excess of $100,000 must be submitted to the COPS Office in writing, confirming that the award of the contract through full and open competition is infeasible. Please note that a justification must be submitted for each vendor providing goods or services in excess of $100,000. To ensure that all of the necessary information is included and submitted to the COPS Office, the following checklist can be used when preparing your agency's sole source request: Letterhead — The sole source request must be signed by an authorized representative and submitted on grantee department letterhead, and must include the agency ORI and the grant number for which the approval is being sought. The request should also include the following information: Section 1. Description of Project — A brief description of the project, the amount to be designated for the sole source procurement, and the purpose of the contract. Section II. Reason for Request 1. An explanation as to why full and open competition is infeasible (e.g., why it is necessary to contract in a noncompetitive manner), and 2. Which one (or more) of the three required categories identified below applies to the requested sole source procurement transaction(s). ❑ The item/service is available only from one source; ❑ The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; and/or ❑ Competition is determined inadequate after solicitation of a number of sources. Section III. Supporting Documentation -The information below should support the applicable category(ies) identified in Section II. 1. If the item/service is available only from one source, please include the following: • Uniqueness of items/services to be procured from the proposed contractor or vendor (compatibility, patent issues, etc.); • How the agency determined that the item/service is only available from one source (e.g., market survey results, independent agency research, patented or proprietary system, etc.); • Explanation of need for contractor's expertise linked to the current project (e.g., knowledge of project management, responsiveness, experience of contractor personnel, prior work on earlier phases of project, etc.); and/or • Any additional information that would support the case. 2. If the public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation, please include the following: • Explanation of the specific public emergency; • Impact on project if deadline/dates are not met; • When the contractual coverage is required by your department and why; and/ or • Any additional information that would support the case. 3. If competition is determined inadequate after solicitation of a number of sources, please include the following: • Results of a market survey to determine competition availability (if no survey is conducted, please explain why not); and/or • Any additional information that would support the case. Section IV. Best Interest Statement - A statement declaring that this action/choice is in the best interest of the agency. Failure to provide all of the necessary information will delay the processing of your request. Your agency will be contacted if any of the identified information is missing or if additional supporting documentation is required. The COPS Office will notify your agency in writing after completion of the review. Please be advised that conflicts of interest are prohibited under the procurement standards set forth in 28 C.F.R. § 66 and 28 C.F.R. § 70. Procurement Process 29 1 30 2010 COPS Technology Program Grant Owners Manual Contact COPS If you have any questions regarding the federal requirements that guide procurement procedures, please contact your COPS Grant Program Specialist or program point of contact. For more information about COPS Office programs and resources, please call the COPS Office Response Center at 800.421.6770, or visit COPS Online at www.coos. usdoygov. III. Accessing Grant Funds 32 2010 COPS Technology Program Grant Owner's Manual 111. ACCESSING GRANT FUNDS This section provides answers to payment -related questions, including all the information needed to set up your payments. For assistance with financial management and grant administration, please contact the COPS Office Response Center at 800.421.6770 or visit our website at www.cops.usdoj,go . Payment Methods What methods of payment are used? There are currently two methods of payment available for accessing federal grant funds —the Phone Activated Paperless Request System (PAPRS) and the Grant Payment Request System (GPRS). Grantees cannot have access to both payment methods at the same time, and grantees are encouraged to use GPRS. GPRS (Grant Payment Request System) GPRS is a web -based system that enables grantees to use a secure Internet connection to request funds. Approved payment requests will automatically be scheduled for payment by the U.S. Treasury Department. A grantee will be able to review previous requests made through GPRS and requests made through PAPRS since 2007. If you do not have access to the Internet, PAPRS will still be available for use by grantees. If you intend to use PAPRS, please do not register for GPRS. Once you register and log in to GPRS, you will no longer have access to PAPRS. PAPRS (Phone Activated Paperless Request System) PAPRS enables grantees to use their touch-tone telephone to request funds. Approved payment requests will be automatically scheduled for payment by the U.S. Treasury Department. The system also provides online information to grantees about the status of their requests. PAPRS will only be available for grantees that can demonstrate the inability to access the Internet. If you do not have access to the Internet, or a touch-tone telephone, please contact the COPS Office Response Center at 800.421,6770. If you need to request a reprinted PAPRS package, please contact the Office of the Chief Financial Officer, Customer Service Center, Office of Justice Programs at 800.458.0786. Accessing Grant Funds 33 Setting Up Your Account How do we set up a GPRS account? If you are a new grantee to the COPS Office, your law enforcement executive and/ or government executive should receive notification about GPRS shortly after COPS receives your original signed Award Document. This notification will contain all of the information that your agency needs to set up the GPRS payment method. If your law enforcement executive and/or government executive do not perform drawdown requests for your agency, your grant administrator will need to go online to https:/ arants.ojp.usdoi.gov/g rp s/login to log in and register to become a Drawdown Specialist. You will receive, via e-mail, a temporary password and information on how to use GPRS. Please note that part of the verification process may involve outreach to your law enforcement executive and/or government executive or other financial points of contact to validate information provided by the Drawdown Specialist. If you are a current COPS grantee, and currently utilize PAPRS to draw down your funds, you have the opportunity to switch from the telephone -based PAPRS to the web -based GPRS. Your grant administrator may have already received an e-mail regarding registration in GPRS. Please coordinate with your grant administrator for registration in GPRS. How do we fill out the payment enrollment forms? If you are a new grantee to the COPS Office, your agency will need to complete an Automated Clearing House (ACH) Vendor/Miscellaneous Payment (SF-3881) enrollment form. This form can be found on the COPS website at the following address: www.cops.usdoi.aov/Default.aso?Item=100. Prior to accessing your grant funds, your agency must mail the original form to: Office of Justice Programs Office of the Chief Financial Officer 810 7th Street, N.W. Washington, DC 20531 Your agency must complete the "Payee/Company Information" section following the directions on the back of the form and also provide the grant number (printed on the Award Document). Next, your financial institution must complete the "Financial Institution Information" section and have the appropriate financial official sign the form. If you are already a COPS grantee, you should already have filled out an ACH enrollment form. Therefore, your agency will not be required to submit a new ACH enrollment form for the newly awarded grant as long as your OJP vendor number has not changed. If you have any questions, or wish to verify your ACH enrollment form information, please call the COPS Office Response Center at 800.421.6770. 34 2010 COPS Technology Program Grant Owner's Manual When should Federal Financial Reports be filed? After your agency returns the signed Award Document to the COPS Office, under current regulations, you are required to submit quarterly Federal Financial Reports (FFRs) using a Standard Form 425 (SF-425). This report reflects the actual monies spent and unliquidated obligations incurred by your agency. You will not be able to make drawdowns from your grant account if the SF-425 for the most recent reporting quarter is not on file with the COPS Office by the deadline date. Grantees are encouraged to submit their SF-425 reports via the Internet at www,co sp usdoj:gov. For more information on how to complete and where to submit your quarterly SF-425, see Section VI of this Grant Owner's Manual titled "Reports" Filing the Federal Financial Report (517-425) identifies your federal and local expenditures made during that calendar quarter. However, to receive actual payment, you must request it through GPRS or PAPRS. Additional Payment Questions Can we receive advances? Yes. If you receive funds through electronic transfer, the period allowed is ten (1 p) days in advance. In general, the concept of "minimum cash on hand" applies to COPS grants. This concept requires that your agency request funds based upon immediate cash disbursement needs. You should time your request for payment to ensure that federal cash on hand is the minimum that you need. There should be no excess federal grant funds on hand, except for advances not exceeding ten days, as noted above. The federal government has four basic rules regarding advances. Advances can be terminated if the grantee: • Is unwilling or unable to attain project goals; • Maintains excess cash on hand; • Does not adhere to the terms and conditions of the grant; or • Fails to submit reliable and/or timely reports. How often do we request reimbursement of costs? There are no limitations on how often your agency may request reimbursements. However, reimbursement is only for costs that were approved in the Financial Clearance Memorandum. As a general guideline, most agencies request reimbursement on a monthly or quarterly basis. Also, please note that a date range can only be used once. Accessing Grant Funds 35 Can we earn interest on our grant funds? Your agency should minimize the time between your drawdown of grant funds and your payment of grant costs to avoid earning excess interest on your grant funds. You must account for interest earned on advances of federal funds as follows: • Local units of government may keep interest earned on all advances of federal funds up to $100 per federal fiscal year in the aggregate. Interest earned in excess of $100 must be remitted promptly, but at least quarterly, to the U.S. Department of Health and Human Services, Payment Management Systems, P.O. Box 6021, Rockville, MD 20852. • Except as provided in 28 C.F.R. 70.22(I), nonprofit organizations may keep interest earned on all advances of federal funds up to $250 per federal fiscal year in the aggregate. Interest earned in excess of $250 must be remitted annually to the U.S. Department of Health and Human Services, Payment Management Systems, P.O. Box 6021, Rockville, MD 20852. • State governments, including any agency or instrumentality of a state, should follow the provisions of the Intergovernmental Cooperation Act (31 U.S.C. 6501 et. seq) pertaining to the disposition of interest earned on federal funds. Matching Funds Under the COPS Technology Program, no local match is required. The COPS Office is funding 100 percent of the allowable items approved in your Financial Clearance Memorandum. Any agency desiring to contribute additional funds to this project is encouraged to do so. IV. Financial Record Maintenance Financial Record Maintenance 137 IV. FINANCIAL RECORD MAINTENANCE Under the COPS Technology Program grant, your agency is required to establish and maintain accounting systems and financial records to accurately account for funds awarded and disbursed. These records must include both federal funds and any local funds contributed to this project. Accounting Systems and Records What accounting systems are required? Your agency needs to establish and maintain accounting systems and financial records to accurately account for the funds awarded. Your accounting system should: • Present and itemize actual expenditures of funded items; • Demonstrate that funds are spent in compliance with your grant conditions; and • Be able to provide the necessary information for periodic financial review and audit. What records must be kept? Your agency's fiscal control and accounting systems should enable you to make accurate, current and complete disclosure of the financial activity under your Technology Program grant. Your accounting records should contain information showing expenditures under the grant and must be supported by items such as payroll records, time and attendance records, canceled checks, purchase orders, or similar documents. Your agency must adequately safeguard grant funds and make sure that they are used for authorized purposes only. Your agency will be responsible for refunding any unallowable expenses. How long must documents be kept? All financial records, including payroll, time and attendance records, canceled checks, purchase orders, and similar documents associated with your Technology Program grant should be kept for at least three years from the date COPS officially closes the grant. If any litigation, claim, negotiation, audit or other action involving these records has been started before the end of the three-year period, the records should be kept until completion of the action. These records should be easily located and should be properly protected against fire or other damage. Failure to maintain adequate records to document grant expenditures may result in a requirement to repay all federal funds that cannot be supported with appropriate records. Your agency should maintain records so that you can identify them by grant year or by fiscal year, whichever you find more convenient. 38 2010 COPS Technology Program Grant Owner's Manual What if we have more than one grant? If your agency has more than one COPS grant or a grant from another federal agency, funds received under one project may not be used to support another project without specific written authorization from COPS, or in the case of a grant from another agency, from both awarding agencies. Your accounting systems and financial records must reflect expenditures for each project separately. Who may access our records? Authorized federal representatives, including representatives from the U.S. Department of Justice, the Comptroller General of the United States, the COPS Office, and any entity designated by the COPS Office may access these records for the purposes of conducting audits, site visits or other examinations. Records must be kept for at least three years from the date that the COPS Office has officially closed your agency's grant. V. Federal Audit Requirements 40 2070COPS Technology Program Grant Owner's Manual V. FEDERAL AUDIT REQUIREMENTS In addition to oversight by the COPS Office, your grant may be subject to an audit by independent examiners. The two primary types of audit are Single Audit Act (SAA) audits and Department of Justice (DQJ) Office of the Inspector General (OIG) audits. Requirements and Audits What are the regulations governing SAA requirements? The Single Audit Act of 1984 established uniform guidelines for state and local governments receiving federal financial assistance. The 1984 Act was amended in July 1996 and revised again June 27, 2003, and is effective for fiscal years after December 31, 2003, to reflect revised audit criteria and reporting requirements. The Office of Management and Budget Circular A-133 (OMB A-133), Audits of States, Local Governments and Non -Profit Organizations, provides additional guidelines regarding the implementation of SAA requirements. Who must have an SAA audit? Each non-federal entity that expends a total amount of federal awards equal to or in excess of $500,000 in a fiscal year is required to have a Single Audit conducted, except when it elects to have a program -specific audit conducted. SAA audits are conducted annually unless a state or local government is required by constitution or statute, in effect on January 1, 1987, to undergo audits less frequently than annually. The primary objective of an SAA audit is to express opinions on the grantee's financial statements, internal controls, major and non -major grant programs, and compliance with government laws and regulations. Single Audits may also address specific compliance issues with respect to COPS grant requirements. Failure to have an audit performed may result in sanctions imposed by federal agencies for noncompliance with Circular A-133. These sanctions could include withholding part of your federal award until a required audit is completed satisfactorily, withholding or disallowing unnecessary or unreasonable audit costs, or suspending your award until the audit is performed. Your Single Audit Act reports should not be sent to the COPS Office. If the U.S. Department of Justice is your Cognizant Federal Agency (see Section IX, "Glossary of Terms"), they should be sent to the Federal Audit Clearinghouse at: Federal Audit Clearinghouse Bureau of Census 1201 E.10th Street Jeffersonville, IN 47132 The U.S. Department of Justice, Office of Justice Programs (OJP) serves as the liaison between grantees and auditors in the conduct of SAA audits. Questions and comments regarding SAA audits may be directed to the COPS Office Response Center at 800.421.6770. What is the role of the Office of the Inspector General (OIG)? The OIG is a separate component of the U.S. Department of Justice and is independent of the COPS Office. The primary objective of OIG audits is to assess compliance with grant conditions. OIG audits are designed to promote economy, efficiency, and effectiveness in the administration of grants by evaluating compliance with laws, regulations, policies, and procedures governing the operations encompassed in the scope of the audit. Federal Audit Requiremen(.41 Mow are COPS grants selected for an OIG audit? The OIG may conduct a COPS grant audit in response to a referral that the OIG believes warrants further evaluation. The OIG also surveys DOJ agencies on an annual basis to solicit input on suggested audit areas for the upcoming fiscal year. In most instances, however, the OIG selects grants based on a number of factors, including the geographical distribution of grants awarded, award amount, population served, and type of grant (both active and expired). As such, the fact that your grant has been selected for an OIG audit is not necessarily indicative of a suspected concern or problem area. The COPS Audit Liaison Division serves as the liaison between grantees and the OIG's Audit Division, which conducts the audit. After the OIG notifies COPS of upcoming audits to be conducted, the COPS Audit Liaison Division will send out a notification letter to the grantee outlining the scope of each audit and the anticipated audit timeframe. This notification letter also advises grantees of the supporting documentation required and information necessary for the OIG during their scheduled field work, and provides a COPS point of contact to address questions and concerns. If you have any questions regarding an OIG audit, please contact the COPS Audit Liaison Division at 800.421.6770. Questions and comments regarding the administration of your Technology Program grant, not specifically related to an audit, should be referred to your COPS Grant Program Specialist. Typical Audit Findings The OIG has typically reported the following audit findings pertaining to grants as a result of lack of proper documentation, poor business practices, or inadequate accounting and record keeping systems: • Unallowable costs - Grantee incurred costs which were not approved in the original budget, were in excess of the approved budget, or were charged to the grant after the expiration date and a grant extension was not obtained. • Unsupported costs - Specific grant expenditures and reimbursements could not be supported, or grant expenditures were in excess of actual grant costs. • Lack of complete/timely programmatic and financial reporting - Grantee failed to submit required programmatic and financial reports in a timely manner and/ or had inadequate record keeping systems. • Supplanting - Grantee could not document efforts to backfill vacant positions and/or grantee could not explain reductions in local law enforcement budget during the grant award period. • Funds to better use - Funds could be used more efficiently based on management actions such as: a) reductions in outlays; b) deobligation of funds; c) withdrawal; d) costs not incurred by implementing recommended improvements; or e) any other savings which are specifically identified. • Questioned costs - Costs that are questioned by the auditor because of an audit finding which resulted from a violation or possible violation of a provision of law, regulation, grant terms and conditions, or other document governing the use of federal funds; or because costs incurred appear unreasonable and do not reflect the actions a prudent person would take under the same circumstances; or because costs at the time of the audit are not supported by adequate documentation. 42 2010 COPS Technology Program Grant Owner's Manual After the final OIG audit report has been issued, the COPS Audit Liaison Division will continue working as the liaison between your agency and the OIG to obtain closure on any audit findings. COPS will issue a closure letter once all audit recommendations have been closed by the OIG. You must keep all documentation related to the audit for a period of three years following the audit's closure. VI. Reports 44 2010 COPS Technology Program Grant Owner's Manual VI. REPORTS As part of the Technology Program, your agency will be required to submit quarterly Federal Financial Reports as well as program progress reports. Awarded agencies should be prepared to track and report Technology grant funding separately from other funding sources (including other COPS and federal grants) to ensure accurate financial and programmatic reporting on a timely basis. Your agency should ensure that you have financial internal controls in place to monitor the use of Technology grant funding and ensure that its use is consistent with the grant terms and conditions. Good practices in this area would include written accounting practices, an accounting system that tracks all drawdowns and grant expenditures, and the ability to track when grant -funded positions are filled or approved purchases are made. Failure to submit complete reports, or submit them in a timely manner, may result in the suspension and possible termination of your agency's COPS grant funding or other remedial actions. Federal Financial Reports Your agency is required to submit quarterly Federal Financial Reports (FFRs) using Standard Form 425 (SF-425) within 30 days after the end of each calendar quarter. A final SF-425 will be due within 90 days after the end of the grant period. This report reflects the actual cumulative federal monies spent, unliquidated obligations incurred, and the unobligated balance of federal funds. How do we file Federal Financial Reports? All COPS grantees are required to submit quarterly Federal Financial Reports using the SF-425. SF-425s for COPS grants must be submitted every quarter and no later than 30 days after the last day of each reporting quarter, as detailed below: Grantees are strongly encouraged to submit the quarterly SF-425 online. Visit the COPS website at www,cop5 us j yov and select the Account Access link in the upper right corner to log in, complete, and submit reports online. The online SF-425 requires the same reporting information as the paper version. The use of this online application enables authorized users to view past SF-425s and allows them to file or amend the SF-425 for the current quarter. For your first SF-425 submission, determine when the most recent SF-425 reporting quarter ended and complete an SF-425 to cover the period from the award start date of your grant to that particular end date. You are required to submit an SF-425 even if you have not spent any money or incurred any costs during a reporting period. The due dates for online filing of SF-425s are the same as for the submission of paper copies. Reports 45 Example: If your award start date is 02-01-10 and the current date is 04-15-10, then your first SF-425 would be due no later than 04-30-10 and would cover the period 02-01-10 (award start date) through 03-31-10 (end of the most recent reporting quarter). This SF-425 must be on file with the COPS Office so that you can successfully complete a drawdown of funds through PAPRS or GPRS. Grantees who do not submit SF-425s by the due date will be unable to draw down funds. The payment system contains a function which checks for SF-425 delinquency and will reject a drawdown attempt if the SF-425 is not up to date. Subsequent e-mail, fax, and/or hard copy reminders may be sent to the grantee if the SF-425 is delinquent. For general information concerning online filing of SF-425 reports, go to www.cops.usdoi.aov/RIC/Resou-rceD-etail,asl2x?RID=547 or contact the COPS Office Response Center by phone at 800.421.6770 or by e-mail at AskCopsRC@usdoj.gov. If you need assistance in completing the SF-425, please contact the COPS Office Response Center at 800.421.6770, by e-mail at AskCopsRCctusdoj.gov, or review the "Helpful Hints Guide for Completing the Federal Financial Report (SF-425)" at www.cow,usc[oj.gov/RIC/ResourceDetaii.aspx?RID=545. How will grant funds be monitored? The COPS Office and designated representatives from the Office of the Chief Financial Officer, Office of Justice Programs monitor the financial aspects of your agency's grant through financial reports, on -site visits, office based grant reviews, meetings, telephone contacts, reports, audits, reviews of grant change requests, and special request submissions. Program Progress Reports Program progress reports and a final closeout report will be required as requested by the COPS Office during the life of the grant. The COPS Office will notify the agency when the progress report is due and provide instructions for submission. The report may be submitted online or by phone by the grantee agency's representative. What kind of information will these reports require? These reports will request information about the status of your grant in terms of the purchase of equipment and services and hiring of personnel, as well as general information about your department. Do we need to request a progress report? No. The COPS Office will contact your agency when progress reports are being requested. 46 2010 COPS Technology Program Grant Owner's Manual Contact Points to Obtain Technical Assistance and Report Violations Any alleged violations, serious irregularities, or acts that may result in the use of public funds in a manner inconsistent with the Public Safety Partnership and Community Policing Act of 1994 or the purposes of this grant may be reported to the U.S. Department of Justice. Furthermore, the COPS Office welcomes the opportunity to provide assistance regarding the implementation of grant provisions to help ensure that federal grant funds are spent responsibly. As such, the following contacts are provided to address noncompliance and technical assistance issues: • If you suspect grant violations of a criminal nature, please contact the U.S. Department of Justice, Office of the Inspector General (OIG) at OIG.hotlineo usdoLgov, www.usdQi.gov/oia/FOIA/hotline.htm, or 800,869.4499. • If you suspect grant violations (not criminal in nature) related to the grant conditions listed in this manual, please contact the COPS Grant Monitoring Division at 202.514.9202. • If you have any questions and/or need assistance regarding your grant, please contact your COPS Grant Program Specialist at 800,421.6770. VII. When the Grant Period HasEnded 48 2010 COPS Technology Program Grant Owner's Manual VII. WHEN THE GRANT PERIOD HAS ENDED At the end of your agency's Technology Program grant period, the COPS Office is responsible for the "closeout" of your grant. As part of this process, the COPS Office requires documentation demonstrating that your agency has met all of the programmatic and financial requirements of the grant. After the end of the grant period, your agency will be asked to submit a final Federal Financial Report and any applicable final program reports. Final Federal Financial Report (SF-425) The final Federal Financial Report (SF-425) for your grant is due to the COPS Office no later than 90 days after the end of the grant period. The final report should reflect the total amount of federal expenditures and the amount of unobligated funds, if any. Additionally, it should reconcile with the amount of funds drawn down by your agency. When should all of the grant monies be spent? Grant funds reflecting allowable project costs must be obligated before the end of the grant period. Obligated funds cover monies spent and expenses for all approved items in the Financial Clearance Memorandum that your agency has incurred but not yet paid. Your agency has up to 90 days after the end of the grant period to request reimbursement for funds obligated. Please be advised that 28 C.F.R. 66.50(c) requires grantees to submit final Federal Financial Reports (SF-425) and to draw down the final reimbursement for expended funds within 90 days after the expiration of the grant. In addition, be advised that failure to complete the drawdown of funds within the 90-day period following award expiration will result in the forfeiture of the remaining eligible balance. It is possible that your agency may have excess grant funds remaining in your account following the grant period due to an overestimate of item costs during the grant period. Your agency should review its records carefully to ensure that it draws down and expends only the amount required for actual costs incurred during the grant period. Any excess unobligated or unspent funds should remain in your account, and will be deobligated during the closeout process. Final Program Progress (Closeout) Report After your grant period has ended, your agency may be sent a final progress or . closeout report from the COPS Office and asked to complete it. This report will serve as your agency's final programmatic report on the grant, and the information your agency provides in this report will be used to make a final assessment of your grant progress. When the Grant Period Has Ended 49 Equipment Disposition Each grantee must use any equipment funded through a COPS award for approved grant -related purposes and must retain the equipment for the life of the grant. After the conclusion of the grant period, property records must be maintained by the grantee. The records should include a description of the property; a serial number or other identification number; the source of the property; the name of the person or entity that holds the title; the acquisition date and cost of the property; the percentage of federal participation in the cost of the property; the location, use, and condition of the property; and any ultimate disposition data, including the date of disposal and sale price of the property. A control system must be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. When the grant has expired and original or replacement equipment obtained under the grant is no longer needed for the original project or for other activities currently or previously supported by a federal agency, disposition of the equipment shall be made as follows: • Items of equipment with a current per -unit fair market value of less than $5,000 may be retained, sold, or otherwise disposed of with no further obligation to the awarding agency. • Items of equipment with a current per -unit fair market value in excess of $5,000 may be retained or sold and the awarding agency shall have a right to an amount calculated by multiplying the current market value or proceeds from sale by the awarding agency's share of the equipment. For more information, please see 28 C.F.R. Part 66.32 or 28 C.F.R. Part 70.34, as applicable. VIII. Conclusion Conclusion 51 VIII. CONCLUSION We hope that this manual has assisted you and your agency with your grant questions. We welcome and encourage any comments you have regarding the COPS Technology Program and the materials we have developed for its administration. If you have specific comments regarding this manual, please send them to: U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Attention: Sponsored Branch Control Desk 1100 Vermont Avenue, N.W. Washington, DC 20530 (For overnight delivery, please use 20005 as the ZIP Code.) If you have any questions about your grant, please call your COPS Grant Program Specialist or the COPS Office Response Center at 800.421.6770. Pursuant to Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving," the COPS Office encourages recipients of Department of.lustice funds to adopt and enforce policies that ban text messaging while driving and to establish workplace safety policies to decrease crashes caused by distracted drivers. IX. Glossary of Terms Glossary 53 IX. GLOSSARY OF TERMS Allowable Costs Allowable costs are expenses that may be funded by this grant program. The COPS Technology Program provides funding for technology and services purchased on or after the award start date. Upon review of your submitted budget, any unallowable costs were removed. The Financial Clearance Memorandum that was included in your award package outlined your allowable costs and noted any relevant revisions that were made to your original budget submission. Audit Work done by auditors, including both the Office of the Inspector General (OIG) and state or local auditors, to examine financial statements and to review: (a) compliance with laws and regulations; (b) economy and efficiency of operations; (c) effectiveness in achieving program results; and (d) allowability of costs claimed against the award. Authorized Officials The authorized officials are the individuals in your organization who have final authority and responsibility for all programmatic and financial decisions regarding this grant award. At the time of application, your agency listed the law enforcement executive (usually the chief of police, sheriff, etc.) and the government executive (usually the mayor, board president, etc.) for your agency. These executives are listed on your Award Document and are understood to be your authorized officials. If any of the executive information is incorrect, please submit the correct information to the COPS Office by completing an official Change of Information form available online at www.co sp usdoygov. Award Start Date This is the date on or after which your agency is authorized to purchase any allowable technology or services that were approved by the COPS Office. The award start date is found on your grant Award Document. Grantees may not expend funds prior to this date without written approval from the COPS Office. Career Law Enforcement Officer The COPS statute defines a "career law enforcement officer" as a person hired on a permanent basis who is authorized by law, or by a state or local public agency, to engage in or oversee the prevention, detection, or investigation of violations of criminal laws. Catalog of Federal Domestic Assistance (CFDA) The CFDA is an annual government -wide publication that contains a description and index of all forms of federal assistance. Each program is assigned a "CFDA number," which is used by auditors to track grant revenues under the Single Audit Act. It is also used in participating states by State Single Points of Contact in conducting the required intergovernmental reviews under Executive Order 12372,The CFDA number for the COPS Technology Program grant is 16.710. Closeout This is the process in which the awarding agency, the COPS Office, determines that all applicable administrative actions and all required work and conditions of the award have been completed and met by the recipient and awarding agency. 54 2010 COPS Technology Program Grant Owner's Manual Cognizant Federal Agency Your Cognizant Federal Agency is generally the federal agency that provides your agency with the most federal money. The Office of Management and Budget (OMB) may have already assigned your Cognizant Federal Agency to you. If this is the first federal grant that your organization has received, the U.S. Department of Justice (DOJ) is your Cognizant Federal Agency. Community Policing Community policing is a philosophy that promotes organizational strategies, which support the systematic use of partnerships and problem -solving techniques, to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. All newly hired, additional or rehired officers (or an equal number of redeployed veteran officers) funded under COPS programs must engage in community policing activities. Computer Aided Dispatch (CAD) System A computer database that can track calls for service, maintain status of units available, provide various reports, produce address histories, and support electronic mail. With the installation of integrated CAD systems, officers are able to receive calls for service on their mobile data computers rather than over the radio. Radios can then be used only for serious emergencies. Consortium A consortium is a group of two or more governmental entities that agree to form a partnership to provide law enforcement services to their constituent communities. COPS Finance Staff The COPS Finance Staff handles your agency's financial and budgetary needs related to this Technology Program grant. A staff accountant has been assigned to your state, and is available to answer any questions that you may have concerning the financial aspects of your grant. To identify your staff accountant, please call the COPS Office Response Center at 800.421.6770, or visit the COPS website at www.co s,u jgov. COPS Office The Office of Community Oriented Policing Services (COPS) is the division of the U.S. Department of Justice that is the "grantor agency" for your Technology Program grant. The COPS Office is responsible for assisting your agency with the administration and maintenance of your grant for the entire grant period. You can reach the COPS Office at 800.421.6770. Data Universal Numbering System (DUNS) Number Since FY 2004, the Office of Management and Budget (OMB) has required all agencies applying for federal funding to obtain this number prior to application. The DUNS number is a unique nine- or thirteen -digit identification number that is assigned upon request to agencies by Dun & Bradstreet (D&B). This number will be used by the federal government to better track grant recipient information throughout the grant cycle and to provide consistent name and address data for electronic grant application systems. To obtain a DUNS number, visit the Dun & Bradstreet website at www,dnb.com or call 866.705.5711. Glossary 55 Employer Identification Number (EIN) / OJP Vendor Number This number is usually your agency's nine -digit federal tax identification number as assigned to you by the Internal Revenue Service (IRS). Your accounting/bookkeeping department should have this number. In some cases, the EIN has been previously assigned to another agency within your jurisdiction. In this instance, a new vendor number will be assigned to you by the Office of the Chief Financial Officer. The newly assigned number is to be used for COPS administrative purposes only and should not be used for IRS purposes. Federally Recognized Tribe Tribal entities that are recognized and eligible for funding and services from the Bureau of Indian Affairs by virtue of their status as Indian tribes. They are acknowledged to have the immunities and privileges available to other federally recognized Indian tribes by virtue of their government -to -government relationship with the United States as well as the responsibilities, power, limitation, and obligations of such tribes. Only federally recognized tribes are eligible to apply for COPS tribal grant funds. For further information, contact: Bureau of Indian Affairs, Division of Tribal Government Services, MS-4631 - MIB, 1849 C Street, N.W., Washington, DC 20240, 202.208.2475. Gas Mask A gas mask is connected to a chemical air filter and is used to protect the face and lungs from toxic gases. Global Positioning System (GPS) Global Positioning Systems are a series of 24 geosynchronous satellites that continuously transmit their position. Each system is used in personal tracking, navigation, and automatic vehicle location technologies. Grant Monitoring Specialist COPS Grant Monitoring Specialists are trained and available to assist you in addressing any compliance -related questions regarding your grant. Grant Monitoring Specialists plan and conduct site visits and office -based grant reviews. During the life of your grant, you may be selected for a monitoring site visit to assess your compliance with the terms and agreements of the grant program, to review your community policing initiatives, and to provide technical and administrative support for your grant award. Please contact the COPS Office Response Center at 800.421.6770 if you have any compliance -related questions. Grant Number The grant number identifies your agency's specific Technology Program grant, and can be found on your grant Award Document. This number should be used as a reference when corresponding with the COPS Office. Your grant number is in the following format: 2010-CKWX-0000 for grants awarded in FY 2010. The COPS Office tracks grant information based upon this number. Grant Program Specialist COPS Grant Program Specialists are trained to assist you with implementing and maintaining your Technology Program grant. A Grant Program Specialist is assigned to your state, and is available to answer any questions that you may have concerning the administrative aspects of your grant. Your Grant Program Specialist can assist you with such matters as requesting an extension on your grant or modifying the grant award. To obtain the name and phone number of your Grant Program Specialist, please contact the COPS Office Response Center at 800.421.6770. 56 2070 COPS Technology Program Grant Owner's Manual Interoperable Communications Communications interoperability refers to the ability of emergency response officials to share information via voice and data signals on demand, in real time, when needed, and as authorized. Interoperable communications policies, procedures, and technology are used to increase voice and data information sharing among the law enforcement, fire service, and emergency medical service communities. Local Budget Cycle Your agency's fiscal year. Some common examples include January 1 to December 31, October 1 to September 30, and July 1 to June 30. Some local budget cycles may extend up to 24 months. Mobile Data Computer/Laptop A Mobile Data Computer (MDC) is a computer terminal mounted in a vehicle that is linked via wireless communication to a network that is often integrated with a CAD system. MDCs enable officers to complete previously handwritten reports on a computer. This often eliminates the need to enter duplicate information on multiple reports. National Incident -Based Reporting System (NIBRS) A comprehensive reporting database. Agencies provide individual records for eight index crimes and 38 other offenses. Obligation of Funds The COPS Office obligates federal funds when the grant Award Document is signed by the COPS Director or his/her designated official. For the grantee, grant funds are obligated when monies are spent or orders are placed for purchasing approved technology or services under your Technology Program grant. The term "encumbrance" is often used at the local and state levels to describe this type of transaction. Liquidated obligations are considered cash outlays or monies actually spent. Unliquidated obligations are obligations incurred and recorded but not yet paid (accrual basis of accounting) or not yet recorded and not yet paid (cash basis of accounting). Originating Agency Identifier (ORI) Number This number is assigned by the FBI, and it is your agency's unique identifier. The first two letters are your state abbreviation, the next three numbers are your county's code, and the final two numbers identify your jurisdiction within your county. If your agency does not have an ORI number assigned by the FBI, the COPS Office assigns a non -official ORI code to use as an agency identifier (in such cases, the last two digits will be"ZZ"). It can be found on your grant Award Document. When you contact the COPS Office with a question, please reference your ORI number (and/or your grant number). Primary Law Enforcement Authority An agency with primary law enforcement authority is the agency that is the first responder to calls for service, and has ultimate and final responsibility for the prevention, detection, and/or investigation of violations of criminal laws within its jurisdiction. Glossary 57 The Public Safety Partnership and Community Policing Act of 1994 The COPS Office is charged with fulfilling the mandates of this law. The purposes of the law are to: • Increase the number of community policing officers on the beat • Provide additional and more effective training to law enforcement officers to enhance their problem -solving, service, and other skills needed in interacting with members of the community • Encourage the development and implementation of innovative programs to permit members of the community to assist law enforcement agencies in the prevention of crime • Encourage the development of new technologies to assist law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime. Supplanting For the purposes of your COPS Technology Program grant, supplanting means replacing state, local, or Bureau of Indian Affairs funds which otherwise would have been spent on law enforcement purposes with federal COPS funds. State, local, and tribal governments are prohibited from supplanting throughout the grant period. This means that your agency may not use COPS funds to pay for any equipment/ technology, services, personnel, or other items which, in the absence of the COPS program, would otherwise have been funded with state and/or local funds, or funds supplied by the Bureau of Indian Affairs. COPS funds must instead be used to supplement, or increase, your law enforcement budget. For additional information on supplanting, please review Grant Condition #5 in this manual. X. Appendixes Appendixes 59 X. APPENDIXES Appendix A - List of Source Documents A. Primary Sources Public Safety Partnership and Community Policing Act of 1994, 42 U.S.C. B. Secondary Sources Code of Federal Regulations (CFR)/Office of Management and Budget (OMB): 4 CFR Parts 101-105, Department of Justice/Government Accountability Office, "Joint Federal Claims Collections Standards" 5 CFR Part 1320, "Controlling the Paperwork Burden on the Public" 5 CFR Part 151, "Political Activities of State and Local Officials or Employees" 28 CFR Part 23,"Criminal Intelligence Systems Operating Policies" 28 CFR Part 61, "Procedures for Implementing the National Environmental Policy Act" 28 CFR Part 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" 28 CFR Part 67, "Government -wide Requirements for Drug -Free Workplaces (Grants)" 28 CFR Part 69, "Government -wide New Restrictions on Lobbying" 28 CFR Part 70, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non - Profit Organizations" 31 CFR Part 205, "Treasury Department Regulations Implementing for Cash Management Improvement Act of 1990" 2 CFR Part 220 (OMB Circular A-21), "Cost Principles for Educational Institutions" OMB Circular A-33, "Audits of Educational Institutions" 2 CFR Part 225 (OMB Circular A-87), "Cost Principles for State and Local Governments" 2 CFR Part 230 (OMB Circular A-122), "Cost Principles for Non -Profit Organizations" OMB Circular A-129, "Managing Federal Credit Programs" OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations" 60 2010 COPS Technology Program Grant Owner's Manual 48 CFR Part 31.000, et seq. (FAR-31.2), "Cost Principles for Commercial Organizations" Executive Orders; Executive Order 12291, "Regulations" Executive Order 12372, 28 CFR, Part 30 "Intergovernmental Review of Federal Programs" Executive Order 12547, "Non -Procurement Debarments and Suspension" Appendix B - Assurances and Certifications Assurances Several provisions of federal law and policy apply to all grant programs. The Office of Community Oriented Policing Services needs to secure your assurance that the applicant will comply with these provisions. If you would like further information about any of these assurances, please contact your state's COPS Grant Program Specialist at 800.421,6770. By the applicant's authorized representative's signature, the applicant assures that it will comply with all legal and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular, the applicant assures us that: 1. It has been legally and officially authorized by the appropriate governing body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf with respect to any issues that may arise during processing of this application. 2. It will comply with the provisions of federal law, which limit certain political activities of grantee employees whose principal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 U.S.C. § 1501, et seq. 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 4. It will establish safeguards, if it has not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 5. It will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6. It will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, including but not limited to: the requirements of 28 CFR Part 66 and 28 CFR Part 70 (governing administrative requirements for grants and cooperative agreements); 2 CFR Part 225 (OMB Circular A-87), 2 CFR 220 (OMB Circular A-21), 2 CFR Part 230 (OMB Circular A-122) and 48 CFR Part 31.000, et seq. (FAR 31) (governing cost principles); OMB Circular A-133 (governing audits) and other applicable OMB circulars; the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; 28 CFR Part 38.1; the current edition of the COPS Grant Monitoring Standards and Guidelines; the applicable COPS Grant Owner's Manuals; and with all other applicable program requirements, laws, orders, regulations, or circulars. If applicable, it will, to the extent practicable and consistent with applicable law, seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions in the agency. Appendixes 61 8. It will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the non-discrimination provisions of the Omnibus Crimc Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789d); Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301-1303); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), Title II, Subtitle A of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Department of Justice Non -Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E, G and I) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin, gender, disability or age against the applicant after a due process hearing, it agrees to forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, D.C. 20531. B. If your organization has received an award for $500,000 or more and has 50 or more employees, then it has to prepare an Equal Employment Opportunity Plan (EEOP) and submit it to the Office for Civil Rights ("OCR"), Office of Justice Programs, 810 7th Street, N.W., Washington, DC 20531, for review within 60 days of the notification of the award. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP 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 OCR. If your organization received an award for less than S25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. 9. Pursuant to Department of Justice guidelines (June 18, 2002 Federal Register (Volume 67, Number 117, pages 41455-41472)), under Title VI of the Civil Rights Act of 1964, it will ensure meaningful access to its programs and activities by persons with limited English proficiency. 10. It will ensure that any facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify us if advised by the EPA that a facility to be used in this grant is under consideration for such listing by the EPA. 62 2010 COPS Technology Program Grant Owner's Manual 11. If the applicant's state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, it has made this application available for review by the state Single Point of Contact. 12.It will submit all surveys, interview protocols, and other information collections to the COPS Office for submission to the Office of Management and Budget for clearance under the Paperwork Reduction Act of 1995 if required. 13. It will comply with the Human Subjects Research Risk Protections requirements of 28 CFR Part 46 if any part of the funded project contains non-exempt research or statistical activities which involve human subjects and also with 28 CFR Part 22, requiring the safeguarding of individually identifiable information collected from research participants. 14. Pursuant to Executive Order 13043, it will enforce on-the-job seat belt policies and programs for employees when operating agency - owned, rented or personally -owned vehicles. 15. It will not use COPS funds to supplant (replace) state, local, or Bureau of Indian Affairs funds that otherwise would be made available for the purposes of this grant, as applicable. 16. If the awarded grant contains a retention requirement, it will retain the increased officer staffing level and/or the increased officer redeployment level, as applicable, with state or local funds for a minimum of 12 months following expiration of the grant period. 17. It will not use any federal funding directly or indirectly to influence in any manner a Member of Congress, a jurisdiction, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law ratification, policy or appropriation whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy or appropriation as set forth in the Anti- Lobby Act, 18 U.S.C. 1913. 18. In the event that a portion of grant reimbursements are seized to pay off delinquent federal debts through the Treasury Offset Program or other debt collection process, it agrees to increase the non-federal share (or, if the awarded grant does not contain a cost sharing requirement, contribute a non-federal share) equal to the amount seized in order to fully implement the grant project. False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. Signature of Law Enforcement Executive/Agency Executive Signature of Government ) xccutive/Financial Official Date Date Rev. 0112010 e08097228 Appendixes 63 Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug -Free Workplace Requirements; Coordination with Affected Agencies. Although the Department of Justice has made every effort to simplify the application process, other provisions of federal law require us to seek your agency's certification regarding certain matters. Applicants should read the regulations cited below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signing this form complies with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," 2 CFR Part 2867, "Nonprocurement Debarment and Suspension" 28 CFR Part 83 Government -Wide Requirements for Drug -Free Workplace (Grants)," and the coordination requirements of the Public Safety Partnership and Community Policing Act of 1994. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered grant. 1. Lobbying As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any federal grant or cooperative agreement; B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; and C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 2 CFR Part 2867, for prospective participants in primary covered transactions, as defined at 2 CFR Part 2867.20(a)- A. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; (ii) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) or private agreement or transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property, snaking false claims, or obstruction of justice, or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects your present responsibility; (iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (A) (ii) of this certification; and (iv) Have not within a three-year period preceding this application had one or more public transactions (federal, state or local) terminated for cause or default. B. Where the applicant is unable to certify to any of the statements in this Certifications forth, he or she shall attach an explanation to this application regarding the particular statement that cannot be certified. Please check here ❑ if an explanation is attached to this application. Please note that the applicant is still required to sign the Certifications form to certify to all the other applicable statements. If applicable, an applicant who receives an award in excess of $5,000,000 certifies that, to the best of its knowledge and belief, the applicant has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non -frivolous administrative or judicial proceeding. 4. Drug -Free Workplace (Grantees Other Than Individuals) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 83, for grantees/recipients, as defined at 28 CFR Part 83.660 - A. The applicant certifies that it will, or will continue to, provide a drug- free workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (ii) Establishing an on -going drug -free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug -free workplace; 64 2010 COPS Technology Program Grant Owner's Manual (c) Any available drug counseling, rehabilitation and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug - abuse violations occurring in the workplace; (iii) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i); (iv) Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (v) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: COPS Office, 1100 Vermont Ave., NW, Washington, D.C. 20530. Notice shall include the identification number(s) of each affected grant; (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv)(b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or Grantee Agency Name and Address: Grantee IRS/ Vendor Number: (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency; (vii) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v), and (vi). Grantee Agency Name and Address: B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of performance (street address, city, county, state, zip code) Check ❑ if there are workplaces on file that are not identified here. 5. Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordination with all agencies that may be affected by the applicant's grant proposal if approved. Affected agencies may include, among others, the Office of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. Typed Name and Title of Law Enforcement Executive/Agency Executive Signature: Typed Name and Title of Government Executive/Financial Official Signature: Date Date Rev. 04/2010 e08097228 U.S. Department of Justice Office of Community Oriented Policing Services 1100 Vermont Avenue, N.W. Washington, DC 20530 To obtain details on COPS programs, call the COPS Office Response Center at 800.421,6770 Visit COPS Online at www.cops.usdojyov. August 2010 e061021289