Edward Byrne Memorial Justice Assistance Grant (JAG) Program2014 DTF Compliance Training Missouri Department of Public Safety October 10, 2014
MO DEPARTMENT OF PUBLIC SAFETYCRIMINAL JUSTICE/LAW ENFORCEMENT UNITCONTACT INFORMATION Heather Haslag, Program Manager P: (573) 751-1318 E: firstname.lastname@example.org Troy Thurman, Program Specialist P: (573) 751-5997 E: email@example.com Michelle Branson, Program Representative P: (573) 526-1928 E: firstname.lastname@example.org Main Phone:(573) 751-4905 Fax Number 1:(573) 522-1908 Fax Number 2: (573) 751-5399 Address: MO Department of Public Safety Attn: CJ/LE PO Box 749 1101 Riverside Drive, 4th Floor Jefferson City, MO 65102
2014 GRANT POINT-OF-CONTACTS“INTERNAL CONTACT” Unless noted otherwise, all grant reports and correspondence will be reviewed and processed by your designated Internal Contact. All questions and concerns should be directed to your Internal Contact as well! Monitoring will be conducted by the Internal Contact.
OUTLINE FOR TODAY • General Grant Information • Budget Costs • Administrative & Financial Guidelines • Civil Rights Compliance • Reporting Requirements • Monitoring • WebGrants • Questions?
BACKGROUND Edward Byrne Memorial Justice Assistance Grant (JAG) • authorized by 42 U.S.C. 3751(a) • CFDA # 16.738 • awarded to Missouri by the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP) • provides federal criminal justice funding • streamlined the Byrne and LLEBG grant programs
FUNDING • Calculated by the Bureau of Justice Statistics (BJS) Missouri Base Allocation <$10K Allocations >$10K Allocations Local Units of Gov’t Department of Public Safety Local Units of Government State Agencies
FUNDING cont’d • Things to remember: • Federal Fiscal Year = October 1 to September 30 • State Fiscal Year = July 1 to June 30
GENERAL GRANT GUIDELINES • Contract Period: July 1, 2014 to June 30, 2015 (12 months) • Federal awards will be supplemented with state GR dollars • State GR portion has no CFDA # • No Local Match Requirement • Eligible Budget Categories: • Personnel • Personnel Benefits • Personnel Overtime • Personnel Overtime Benefits • Travel/Training • Equipment • Supplies/Operations • Contractual
SOURCE OF INFORMATION • DPS Website: www.dps.mo.gov • 2014 JAG Solicitation • 2014 JAG DTF Pre-Bid Training (5-21-14) • Financial & Administrative Guidelines (revised 3-28-14) • Radio Interoperability Guidelines (revised 7-22-14) • Travel Guidelines (revised 9-3-14) • WebGrants – Application Manual • PMT Instructions and Guide (effective 1-1-14) • WebGrants: https://dpswebgrants.dps.mo.gov • Opportunity (Funding Opportunity) • 2014 JAG Certified Assurances • 2014 JAG Solicitation • Mitigation Plan • WebGrants - Application Manual • Office of Justice Programs (OJP) Financial Guide: http://www.ojp.usdoj.gov/financialguide/index.htm • Office of Management and Budget (OMB) Circulars: http://www.whitehouse.gov/omb/circulars_default • Missouri State Statutes: http://www.moga.mo.gov/
PERSONNEL COSTS • Personnel costs must be supported with official payroll records and time/attendance reports. • “Cover letters” will not be accepted to solely support expenses from member agencies • Agency should obtain documents to support all fringe benefits claimed for reimbursement and maintain such documents in the grant files • Time/attendance records should document all paid hours (including leave, overtime, etc) and should ideally be signed by the employee and authorizing supervisor • If personnel costs (i.e. overtime) are paid from multiple funding sources, be sure to report hours clearly. • Section 285.530.1 RSMo indicates that an agency will not knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Missouri • Federal law requires every employer hiring an individual for employment in the United States to verify his or her identity and employment authorization through completion of Form I-9, Employment Eligibility Verification • http://www.uscis.gov/portal/site/uscis
TRAVEL/TRAINING COSTS • Funds will not be reimbursed prior to the actual travel. • Must submit a copy of the training certificate for travel/training costs to be reimbursed. If a training certificate is not provided, must create a memo. • Should have pre-budgeted for travel expenses based on the location of the travel/training. Either: • Submit a budget revision prior to travel if you foresee incurring an expense that isn’t approved in the budget • Don’t claim an expense that isn’t approved in the budget • Some travel costs may be unpredictable – use “Miscellaneous” as a line item for shuttles, taxis, parking, toll bridges, etc. Must be tied to a specific training! • Travel must be by the most practical and direct route! • All costs should be reasonable and prudence should be used when making travel arrangements!
TRAVEL/TRAINING COSTS cont’d • Airfare/Baggage • reimbursable costs include the airline ticket, baggage fees, and travel agency processing fees • other applicable fees are subject to review • does not allow for airport parking or transportation to/from the airport • Rental Car • reimbursable for the cost of the rental car • Fuel • reimbursable for the fuel for a rental car and/or fuel for a vehicle to and from the airport or training location
TRAVEL/TRAINING COSTS cont’d Note the change in state website! • Mileage • reimbursable based on the state’s mileage allowance • http://oa.mo.gov/travel-portal • rate based on cost to operate the vehicle based on fuel and wear and tear (cannot request fuel and mileage reimbursement) • Lodging • reimbursable based on the federal GSA rates as determined for the destination • http://www.gsa.gov/portal/category/21287 • the GSA rate is for the base nightly rate (not inclusive of taxes) • where possible should request the hotel to honor the GSA rate since travel is federally funded • does not allow for hotel parking, room service, internet, telephone calls, maid tips, etc.
TRAVEL/TRAINING COSTS cont’d • Meals • reimbursable based on the most restrictive travel policy – local or state • State travel policy allows for per diem rate based on the state CONUS rates as determined for the destination and for the particular meal (i.e. breakfast, lunch, or dinner) • State travel policy states individuals may claim the applicable per diem rate for each eligible meal while in travel status. • State travel policy states when attending a meeting or conference, an individual may claim the applicable meal per diem for those meal times where such meal is not provided by the training host. • http://oa.mo.gov/travel-portal • receipts are no longer required (unless required by your local travel policy); still need to maintain record of meals being requested for audit/monitoring purposes
TRAVEL/TRAINING COSTS cont’d • Meals (cont’d) • Travel status begins when you leave your residence or domicile to travel on business. • Travel status ends when you return to your residence or domicile. • You are not in travel status if any part of your trip involves a commute. When your official domicile and residence are different, the travel status begins and ends based on whichever is less. • To qualify for meal per diem when no overnight lodging is indicated, it must be documented that the individual was in travel status for 12 hours or more. • Eligible meal is defined as follows: • When overnight lodging is indicated: • Breakfast – on the day of departure if travel status begins no later than 7:00 a.m. • Lunch – on the day of departure if travel status begins no later than 10:00 a.m. and continues past 2:00 p.m. • Dinner – on the day of departure if travel status begins no later than 5:00 p.m. and continues past 7:00 p.m. • When in 12-hour travel status, eligible meal is the same as above.
TRAVEL COSTS - DTFs • Fuel • reimbursable for the cost of fuel for fleet/department vehicles • supported by fuel card invoices/statements, individual receipts from the gas station, logs of department usage from gas tank, etc. • pre-paid gas cards are not allowable due to the restriction to obligate the funds within the contract period • Mileage • reimbursable for the number of miles incurred • reimbursable at the state mileage allowance: http://oa.mo.gov/travel-portal • supported by mileage logs • Vehicle Maintenance • reimbursable for the cost of maintenance and upkeep of fleet/department vehicles • includes such costs as oil changes, filters, brakes, tires, engine fluids, belts, fuses, windshield wipers, car washes, collision repair • does not include window tinting, equipment for vehicle, towing, etc.
EQUIPMENT COSTS • Equipment is generally defined as non-expendable personal property having a useful life of more than one year and an acquisition cost of $1,000 or more per unit • Must adhere to most restrictive procurement policy • All equipment must be compatible with the current statewide system • Communication devices must adhere to the state’s interoperability plan • Portable radios, repeaters, and base stations have no specifications • Mobile radios must be P25 compliant and operate in the trunked mode at the time of purchase • List of compliant communication devices available at http://www.dps.mo.gov/dir/programs/cjle/jag.asp
EQUIPMENT COSTS cont’d • Equipment must be tagged and identifiable for its source of funds (where feasible) • “Purchased with 2014 JAG Funds” • Contract Number (e.g. 2013-JAG-001) • Must maintain an inventory control listing • Item Description • Source of Property (GR, JAG Grant, Federal Forfeitures, etc) • Manufacturer’s Serial Number, Model Number, and/or VIN • Acquisition Date • Total Cost • Location, Use, and/or Condition of Property • Disposition Date • Disposition Method (e.g. trash, sale, trade)
SUPPLIES/OPERATIONS COSTS • Includes expendable property and operating costs • Costs must be directly attributable to the approved project • All software must be compatible with the current statewide system • Must adhere to most restrictive procurement policy • Printed materials must acknowledge the funding source
CONTRACTUAL COSTS • Includes contractual expenses and consultant fees • All contractual and consultant services shall be supported by written contracts stating the services to be performed, rate of compensation, and length of time over which the services will be performed, as applicable • Copy of all written contracts must be made available to DPS staff • Must adhere to most restrictive procurement policy • Agencies should attempt to enter into contracts that occur within the grant’s contract period, where possible
PROJECT IMPLEMENTATION STATUS • If a project is not operational within 60 days of the contract start date, the Contractor must report to DPS, via the “Correspondence” component of WebGrants, the steps taken to initiate the project, the reasons for delay, and the expected start date. • If a project is not operational within 90 days of the contract start date, the Contractor must submit a second statement to DPS, via the “Correspondence” component of WebGrants, explaining the implementation delay. • Upon receipt of the second statement, DPS may decide whether to continue with the project or to terminate the contract.
FUNDS • Contractors must verify, on a monthly basis, actual cash expenditures and request reimbursement • Request for reimbursement will be handled via a “Claim” report • Funds must be obligated within the contract period and expended within 60 days following the contract period end date • Contract Period: July 1, 2014 – June 30, 2015 • 60 Days Following: August 29, 2015 • Funds are obligated when a legal liability to pay a determinable sum for services or goods is incurred and will require payment during the same or future period • When a purchase order is issued, funds are considered obligated • Travel expenses will only be allowed for events, training, and other activities held during the contract period • Funds are expended when payment is made.
PROCUREMENT All Contractors must adhere to the procurement standards contained in “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments”, 28 CFR, Part 66 General Grant Guidelines: • All procurement transactions whether negotiated or competitively bid and without regard to dollar value shall be conducted in a manner so as to provide maximum open and free competition • All quotations and the rationale behind the selection of a source of supply must be retained, attached to the purchase order copy, and placed in the accounting files • When only one bid or positive proposal is received, it is deemed to be sole source procurement • Sole source procurement on purchases to a single vendor of $3,000 or more requires prior approval from the Missouri Department of Public Safety • Request for approval shall be submitted via the “Correspondence” component of WebGrants with the rationale and a copy of the sole source certification letter from the vendor, if available • Approval of the grant application does not constitute prior approval; must obtain separately State Procurement Policy: • Purchases to a single vendor totaling less than $3,000 may be purchased with prudence on the open market • Purchases to a single vendor totaling between $3,000 but less than $25,000 must be competitively bid, but need not be solicited by mail or advertisement • Purchases to a single vendor totaling $25,000 or over shall be advertised for bid in at least two daily newspapers of general circulation in such places as are most likely to reach prospective bidders at least five days before bids for such purchases are to be opened
CONTRACT RECORDS • Establish and maintain accurate financial records and an adequate accounting system • Records must be retained for a period of 5 years starting from the date of submission of the final Claim Report or from the date of submission of the audit for the contract period covered, whichever comes later. • Records must be retained beyond a 5 year period if an audit is in progress and/or the findings of a completed audit have not been resolved. • Must adhere to local policy if local retention period is longer than those stated herein. • Financial records must be kept in an orderly manner and be available for audit purposes • Responsible for protecting records against fire, theft, or other possible damages.
PROPERTY RECORDS & DISPOSITION • Required to maintain property management records • Records shall contain copies of the purchase order and invoice • Control system shall be in effect to ensure adequate safeguards to prevent loss, damage, or theft to the property. • Any loss, damage, or theft of non-expendable property shall be investigated, fully documented, and made part of the grant file. • Adequate maintenance procedures shall be established to keep the property in good condition. • May dispose of the personal non-expendable property when original or replacement equipment acquired under an award is no longer needed for the original project • Items 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 DPS • Items with a current per unit fair market value in excess of $5,000 may be retained or sold but the DPS shall have a right to an amount calculated by multiplying the current market value or proceeds from the sale by DPS’ share of the equipment • Records for non-expendable property acquired with grant funds shall be retained for 5 years after final disposition of property.
AUDIT REQUIREMENTS • Comply with OMB Circular A-133 “Audits of States, Local Governments, and Non-Profit Institutions” • Audit is required if the agency expends $500,000 or more in federal funds within the organization’s fiscal year from any federal source • Audit must be performed organization-wide by an independent firm • Audit must be conducted with reasonable frequency, usually annually, but not less frequently than every two years • Doesn’t mean that the audit can include every other year though! • Must submit a copy of such audit to DPS via the “Correspondence” component of WebGrants, where possible • Can mail a copy to DPS if unable to scan the audit report
INTERNAL CONTROLS • Agency must track, account for, and report on all funds separately from all other funds • Grant funds may be used in conjunction with other funding as necessary to complete projects but tracking and reporting must be separate • Agency should ensure appropriate internal controls exist for the programmatic and financial aspects of the project
PRINTING AND PUBLICITY • BJA and DPS encourage recipients of federal funding to share success stories of their project • Award of funding • Major cases/investigations • Improvements in services provided as a result of equipment purchases • Educational training • Agencies are required to disclose of the source of their funding with language such: Funding for this project made available by the Edward Byrne Memorial Justice Assistance Grant (JAG), which is administered by the U.S. Department of Justice, Bureau of Justice Assistance and the State of Missouri, Department of Public Safety
STATE CIVIL RIGHTS LAWS • Section 213.055 RSMo – Unlawful Employment Practices • Contractor may not discriminate on the basis of race, color, religion, national origin, sex, ancestry, age, or disability in its employment practices (e.g. hiring, compensation, conditions, or privileges) • Section 213.065 RSMo – Discrimination in Public Accommodations • Contractor may not discriminate on the basis of race, color, religion, national origin, sex, ancestry, or disability in the use and enjoyment of any place of public accommodation • It is unlawful to refuse, withhold from, or deny any of the accommodations, advantages, facilities, services, or privileges made available in any place of public accommodations
FEDERAL CIVIL RIGHTS LAWS • Civil Rights Act of 1964 (42 U.S.C. § 2000d) • Rehabilitation Act of 1973 (29 U.S.C. § 794) • Title IX of the Education Amendments of 1972 (20 U.S.C. § § 1681, 1683, and 1685-86) • Age Discrimination Act of 1975 (42 U.S.C. § § 6101-07) • Americans with Disabilities Act of 1990 (42 U.S.C. § § 12131-34) • U.S. Department of Justice Regulations – Non-Discrimination; Equal Employment Opportunity; Policies and Procedures (28 C.F.R. pt 42) • U.S. Department of Justice Regulations – Equal Treatment for Faith Based Organizations (28 C.F.R. pt 38) • Executive Order 13279 (equal protection of the laws for faith-based and community organizations)
EQUAL EMPLOYMENT OPPORTUNITY PLAN (EEOP) • U.S. Department of Justice (DOJ), Office of Justice Programs (OJP) & COPS • 28 C.F.R. 42.301 – 42.308 • A workforce report completed to ensure recipients of federal funding are providing equal employment opportunities to men and women regardless of sex, race, or national origin. • Effective for a 2-year period, commencing with the date of the approval letter from the Office of Civil Rights (OCR) • EEOP and Certification Form are both effective for 2 years • Should be prepared by the recipient of the federal funding (county, city, state department) • http://www.ojp.usdoj.gov/about/ocr/eeop.htm • Sample policies available for your perusal Not the same as an EEO4, which is required by the U.S. Equal Employment Opportunity Commission.
EEOP – COVER PAGE SAMPLE COVER SHEET Date-stamped when prepared
EEOP – PAGE 2 SAMPLE • Must list every active award from DOJ monies • Must properly identify whether the award was direct from DOJ or a pass-thru from a state agency Direct awards from DOJ will ask for the DOJ Grant Manager Pass-thru awards from state agency will ask for the State Granting Agency’s information
EEOP CERTIFICATION FORM SAMPLE • Must complete this form for every active award from DOJ monies • Completed form includes the header and one of the sections (but not all three) • Emailed to OCR per the instruction page
NON-DISCRIMINATION • Contractor may not discriminate on the basis of race, color, national origin, religion, sex, or disability in its employment practices or in the delivery of services • If the Contractor has 50 or more employees and receives OJP funding of $25,000 or more: • the Contractor must have written policies or procedures in place to notify program participants and employees on how to file complaints alleging discrimination • the Contractor must designate a person(s) to coordinate complaints alleging discrimination
FINDINGS OF DISCRIMINATION • Contractor must notify DPS of any findings of discrimination within 30 days of the court judgment • Submit the Court Judgment with a cover letter, which identifies your DPS-assigned contract number, as indicated on the Award of Contract • DPS must forward to the Office of Civil Rights (OCR) Missouri Department of Public Safety Attn: Director of Public Safety PO Box 749 1101 Riverside Drive, 4th Floor Jefferson City, MO 65102
LIMITED ENGLISH PROFICIENCY (LEP) • Contractor must take steps to provide meaningful access to its programs and activities to persons with LEP • Oral Interpretation • Written Interpretation • Recommended that the Contractor develop a written policy on providing language access services to LEP persons • For more information on LEP, planning tools, or a sample law enforcement policy, go to http://www.ojp.usdoj.gov/about/ocr/lep.htm
REPORTING REQUIREMENT #1 - CLAIM • Must report actual expenditures for reimbursement • Submitted via the “Claims” component of WebGrants • Funds must be obligated no later than June 30, 2015 • Funds must be expended no later than August 29, 2015 • Can claim an amount over the total budgeted line item • Allowed up to a 10% increase in a single budget line without a budget revision • Exceeding the 10% increase will be subject to review by DPS • Not receiving additional monies but rather “borrowing” it from elsewhere in the budget • Increases in excess of 10% within a particular budget line require a budget revision through the “Contract Adjustment” component of WebGrants • Will be reviewed, negotiated, and approved by your designated Internal Contact • Payments made around the 25th of each month via EFT • State Vendor Portal: https://vendorservices.mo.gov • JAG Prefix Payment Code = PG029
CLAIM REPORT NOTES • Manmade “invoices” will not be accepted in place of official documentation for expenditures • Official company documents must be provided to verify costs • Can submit supporting documentation with Claim report or can make available for monitoring during site visit • Reimbursement is only allowed for employer costs • Watch your payroll and billing periods • Costs must be pro-rated by the total number of days in the billing or payroll period • Familiarize yourself with the billings • Pre-tax deductions reduce the amount of Social Security and Medicare withholdings for the employee and employer • Help DPS in identifying which codes or lines are pre-tax deductions! • Insurance premiums are often paid the month prior to the coverage period • Help DPS in identifying the period for which the insurance is being paid • Unemployment Comp is typically paid on the first $13,000 of wages for the calendar year OR not paid at all until a claim is filed by the former employee • Workers Comp is not based on a straight job classification rate • DPS can send a Workers Comp calculator spreadsheet to your agency, if requested
JAG CLAIM REPORT SCHEDULE *NOTE: October 10 due date is contingent on contract being “underway”!
REPORTING REQUIREMENT #2 – STATUS REPORTS • Must report activities and statistical information • Organization • Employees • Case Activity • Arrest Activity • Drug Buys, Reverse Drug Buys, Free Samples, and Informant Expenses • Search Warrants • Marijuana Eradicated • Methamphetamine Labs • Drug Seizure Value • Education/Training • Community Involvement • Rehabilitation • Narrative • Submitted via the “Status Reports” component of WebGrants • Reminder alerts will be sent approximately 2 weeks prior to deadline • Will be reviewed, negotiated, and approved by Michelle Branson • Compiled for publications and state and federal reporting purposes
JAG STATUS REPORTS SCHEDULE *NOTE: October 10 due date is contingent on contract being “underway”!
REPORTING REQUIREMENT #3 – PMT REPORTS • Performance Measurement Tool (PMT) system was implemented by the Bureau of Justice Assistance (BJA) in FY2009 • Submitted at www.bjaperformancetools.org • Collects financial and statistical data as a means to present to Congress each year when fiscal year monies are requested • Each agency has been provided a User ID and Password that applies to all users from the agency • Reminder alerts will be sent from WebGrants approximately 2 weeks prior to deadline • Will be reviewed and negotiated by Heather Haslag
JAG PMT SCHEDULE • Guide available at http://www.dps.mo.gov/dir/programs/cjle/jag.asp • There will be no pro-rating of statistical information for 2014/2015 because activities funded by the state GR monies are not reported • You will be reporting against the “Task Forces”, “Seizures”, and “Accomplishments” sections only!