2009 Grant Compliance Seminar: • Byrne/JAG • Recovery – JAG • Recovery – MJCCG/JAG July 23, 2009Missouri Dept. of Public Safety
GRANT PROGRAM STAFF • Eric Shepherd, Program Manager (573) 751-5997 • Heather Haslag, Program Specialist (573) 751-1318 • Will Patterson, Program Representative (573) 526-1928 • TBA, Clerical Support (573) 522-1800 • Carol Willhite, Accountant (573) 522-9576
IMPORTANT NUMBERS TO REMEMBER • DPS Main Line (573) 751-4905 • DPS Fax Number (573) 751-5399 Catalog of Federal Domestic Assistance (CFDA) Number: JAG = 16.738 RECOVERY ACT = 16.803
ADDRESS Missouri Department of Public Safety 301 West High Street, Room 870 P.O. Box 749 Jefferson City, MO 65102 Please attention all correspondence to the Criminal Justice/Law Enforcement Grant (CJ/LE) section or a member of our staff.
OUTLINE FOR TODAY: • Funding • Grant Overview • General Grant Guidelines • Budget & Program Revisions • Monitoring • Reporting Requirements • General Requirements • Progress Reports • Recovery Act Reporting • Monthly Expenditure Reports • Accounting Systems/Audits • Procurement Procedures • Property Records • Other Resources • Questions
JAG FUNDING Bureau of Justice Statistics (BJS): • Determines each state’s funding • Determines local funding within each state • $10,000+ shares receive direct award • Less than $10,000 shares awarded to DPS to subgrant • Required amount to be awarded in less than $10,000 grants (LLEBG/JAG program) • Remaining amount then must be split between locals and state agencies based on pass thru percentage
MISSOURI JAG FUNDING FY2007: • $5,361,186 for Byrne/JAG contracts • 58.53% Pass-thru to locals • $873,931 for LLEBG/JAG contracts FY2008: • $1,808,548 for Byrne/JAG contracts • 58.53% Pass-thru to locals • $442,339 for LLEBG/JAG contracts
MISSOURI RECOVERY - JAG FUNDING FY2009: • $25,382,937 awarded to DPS • $24,190,282 for Byrne/JAG contracts • 58.53% Pass-thru to locals • $1,192,655 for LLEBG/JAG contracts
MISSOURI FUNDING FOR CYBER CRIME TASK FORCES Internet Cyber Crime Grant (ICCG): *General Assembly did not appropriate state monies for ICCG in FY10. *DPS set aside $1.5 million from Recovery-JAG to fund eligible multi-jurisdictional cyber crime task forces.
OVERALL BENEFIT OF RECOVERY ACT MONIES TO MISSOURI • Sustained 26 Drug Task Forces after 75% cut in federal JAG funding • Funded 1 new Drug Task Force • Funded 9 new non-DTF projects • Sustained 13 Cyber Crime Task Forces after cease of ICCG grant program • Estimated 19 jobs created • 15 from JAG • 4 from MJCCG • Estimated 89 jobs retained • 78 from JAG • 11 from MJCCG
JAG PROGRAM SOURCES OF INFORMATION • Application Packet: • Program Description • Certified Assurances • Financial and Administrative Guidelines for Contracts • Internet: www.dps.mo.gov (Click on the Criminal Justice/Law Enforcement Section) • Office of the Comptroller Financial Guide http://www.ojp.usdoj.gov/financialguide/
SOURCES OF INFORMATION Cont’d Administrative Requirements: • OMB Circular A-102: “Grants and Cooperative Agreements with State and Local Governments”. Cost Principles: • OMB Circular A-87: “Cost Principles for State, Local, and Indian Tribal Governments”. • OMB Circular A-97: “Provisions of Specialized and Technical Services to State and Local Governments”. Audit Requirements: • OMB Circular A-133: “Audits of States, Local Governments, and Non-Profit Organizations”. Common Rules: • “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments”, (28 CFT Part 66). • “Government-wide Debarment and Suspension (Nonprocurement)” (28 CFR Part 67). • “Government-wide Requirements for Drug-Free Workplace (Grants)” (28 CFR Part 83). • “New Restrictions on Lobbying,” (28 CFR Part 69). http://www.whitehouse.gov/OMB/circulars/
LIST OF DEFINITIONS AND TERMS • Authorized Official – The individual that has the legal authority to bind the applicant agency into a contract. • City = Mayor or City Administrator • County = Presiding Commissioner • College/University = President • Budget Category– Eligible categories that may be submitted for funding. • Personnel • Personnel-Overtime • Travel • Equipment • Supplies/Operations • Contractual (not applicable to MJCCG)
LIST OF DEFINITIONS AND TERMS cont’d • Contract Period – The time period in which the award must be obligated and the project services provided. • JAG = July 1, 2009 to June 30, 2010 (12 months) • Recovery JAG = July 1, 2009 to June 30, 2010 (12 months) • Recovery MJCCG = June 1, 2009 to June 30, 2010 (13 months) • Contractor/Subgrantee– The recipient of a grant contract or award. • Program Income - Gross income earned by the recipient, during the funding period as a direct result of the award. Direct result is defined as a specific act or set of activities that are directly attributable to grant funds and which are directly related to the goals and objectives of the project. Program Income can only be used for allowable program expenses and must be reported using the Program Income/Federal Forfeiture Report. • Project Director – Individual with direct oversight of project (must be Chief or Sheriff for a law enforcement agency)
ELIGIBLE PROGRAMS AND PURPOSES JAG funds can be used for any one of the following purposes: • Law Enforcement Programs • Prosecution and Court Programs • Prevention and Education Programs • Corrections and Community Corrections Programs • Drug Treatment Programs • Planning, Evaluation, and Technology Improvement Programs • Crime Victim and Witness Programs (other than Compensation) Recipients of JAG funds are classified into one of the above 7 program categories and evaluated as such.
UNALLOWABLE COST ITEMS • Any cost item not included within your approved budget. • Quantity exceeding that approved within the budget (i.e. approved for 3 radios but claiming 4) • Unrelated costs (i.e. claiming parking as lodging) • Meals exceeding the federal per diem rate • Indirect Costs • A budget revision must be submitted for approval to use funds towards anything not already within your budget.
INELIGIBLE COST ITEMS • Bonuses or Commissions • Breathalyzers and PBTs • Canines and Canine-Related Expenses • Compensation and Travel of Federal Employees • Construction Projects • Entertainment Expenses & Bar Charges • Finance Fees/Late Charges associated w/ delinquent payments • First Class Travel • Less-than-lethal Weapons • Lobbying or Fundraising • Radar Guns • Spikes/Stop Sticks • Tasers • Uniform Stipends/College Incentives • Vehicles (excluding police cruisers) • Weapons and Ammunition
MJCCG INELIGIBLE COST ITEMS • Office Equipment (i.e. calculator, shredder, telephone, copier, fax machine, scanner) • Office Furniture (i.e. desk, chair, bookcase, file cabinet, lamp) • Office Rent • Office Supplies (i.e. pens, pencils, paper, tape, staples, file folders, ink cartridges, postage) • Telephones/Cell Phones • Pagers • Vehicles (Purchase or Lease)
ODDS & ENDS TIDBITS • All equipment/software must be compatible with the current statewide system (specifically regarding Criminal Records equipment/software). • Communication devices must be P25 compliant to adhere to state’s interoperability plan. • Mileage was initially set at $0.52 but changed to $0.50 • Travel costs are unpredictable - use “Miscellaneous” as a line item for shuttles, taxis, parking, toll bridges, etc. • Equipment is generally considered an asset valuing over $250 that can be tagged for inventory. • Supplanting is strictly prohibited! • Please do not fax correspondence/reports and then mail it unless instructed to do so!
ODDS & ENDS TIDBITS cont’d When training is included in the Travel budget, please be sure to: • Provide the training name • Provide the training location or put TBA • Provide the training date or put TBA • Clearly itemize the travel related costs for that training and total the cost at the end of the line
AWARD OF CONTRACT The Award of Contract must be signed and returned to the Dept. of Public Safety within 45 days from the date of award. Award Date for the JAG Program is July 1, so the Award of Contract must be finalized by no later than August 14, 2009. Award Date for Recovery-JAG is July 1, 2009. Award Date for Recovery-MJCCG is June 1, 2009.
A project must be operational within 60 days of the contract starting date. If the project is not operational within 60 days, the Contractor must notify DPS in writing concerning the steps taken to initiate the project, the reasons for delay, and the expected starting date. • If a project is not operational within 90 days of the contract starting date, the Contractor must again notify DPS in writing concerning the steps taken to initiate the project, the reasons for delay, and the expected starting date. DPS may extend the implementation period OR may cancel the project and reallocate the funds to other projects. CANCELLATION CONDITIONS
DEADLINES • Deadlines are given for all information and reports required for the JAG Program. These reports and information must be submitted on time. Failure to submit reports and/or requested information on time will affect your funding. • Failure to submit reports and/or requested information by the stated deadline may result in the contract(s) being suspended. The agency may not be allowed to recoup expenditures incurred under that contract during that suspension.
PRINTING & MEDIA All printed materials must include an acknowledgement of the funding source. “This project was supported by funding made available through the federal Recovery Act - Edward Byrne Justice Assistance Grant (JAG) Program administered by the U.S. Department of Justice & Missouri Department of Public Safety.” EXAMPLE
Whoever embezzles, willfully misapplies, steals, or obtains by fraud any funds, assets, or property which are the subject of a grant or contract or other form of assistance, whether received directly or indirectly from DPS or the U.S. Department of Justice shall be fined not more than $10,000 or imprisoned for not more than five years, or both. • Whoever knowingly and willfully falsifies, conceals or covers up by trick, scheme, or devise, any material fact in any application for assistance shall be subject to prosecution under the provisions of Section 1001 of Title 18, United States Code. CRIMINAL PENALTIES
BUDGET REVISIONS • DPS has approved a specific budget for your project. • Only those items listed specifically within your budget are allowable. • If you want to make a change to your budget, add an item, delete an item, or transfer funds from one budget category to another, you must request and receive prior approval from DPS to deviate from your current budget. • You may move up to 10% of the cost of one line item to another line item without prior approval. If it is over 10% of the approved line item budget, you must submit a Request to Revise the Budget Form. • A Request to Revise the Budget form must be submitted at least 60 days prior to the end of the contract and 30 days prior to the requested effective date of the change. A Request to Revise the Budget will not be accepted after April 30, 2010.
REQUEST TO REVISE THE BUDGET FORM 3. Requested Revised Budget 1. Heading 4. Calculate Increase or Decrease per category 2. Current Budget 5. Explanation of Request • Sign and Date • Must be signed by Authorized Official!
BUDGET REVISIONS…MAKING CHANGES TO A FORMEXAMPLE 1 Prior to Revision Revision Position vacant for 2 months Refigure salary and fringes Transfer money to Equipment to purchase a new computer
BUDGET REVISIONS…MAKING CHANGES TO A FORMEXAMPLE 2 Prior to Revision Revision Savings of $240 on Lodging for MNOA Conference and Agency paid for all meal expenses. Transfer $630 to Fuel in response to rising gas prices
PROGRAM REVISIONS • Contractors must request approval from DPS for major program changes to the project. • Change in project site. • Successor in interest and name change agreements. • Change in scope of programmatic activities or purpose of the project. • This request must be in writing and must be submitted at least 60 days prior to the end of the contract period and 30 days prior to the effective date of the program change. • Use the Change of Information form to report changes in agency name, project staff, or Project Director and/or Authorized Official. • Identify the change and the effective date of change.
CHANGE OF INFORMATION FORM • Change In: • Authorized Official • Project Director (Sheriff or Chief) • Officer in Charge • Phone /Fax Numbers • Staff Funded by Grant • Person Needing to Receive Report of Expenditures 1. Contract Number 2. Indicate Change 3. Sign and Date Must be signed by Authorized Official!
MONITORING Monitoring is designed to provide assistance to the contractor from both a technical and programmatic standpoint, as well as, to provide the Department of Public Safety with the necessary information to ensure compliance with state and federal guidelines. • Monitoring is completed by reviewing regular correspondence and reports submitted to DPS and by scheduling a visit to the contractor’s site of operation. • Each contractor is subject to at least one site monitoring visit per contract period.
MONITORING PERSONNEL • Are there salary records and time sheets? Time devoted to grant-related activities must be documented in an auditable manner. If half of an employee’s time is supported with grant funds, that employee must track all of his/her time to demonstrate that 50% of the time was devoted to the grant-funded project. • Do all personnel costs follow what is approved within the budget? • Did the expense occur between the contract period? If not, was the expense pro-rated?
MONITORING TRAVEL • Are all expenditures documented? • Gas receipts • Meal receipts • Lodging receipts • Airfare and Baggage receipts • Parking/Transportation receipts • Did the travel occur within the contract period? Lodging and Meals must adhere to federal per diem rates: www.gsa.gov All travel must be as listed on the contract – any deviation must have prior approval from DPS or the expenditures will not be allowed.
MONITORING TRAVEL cont’d Meals - • Should show the location and date • Should be itemized • If an itemized receipt is unavailable, must write on the non-itemized receipt what was eaten or “create” a receipt • Will not be reimbursed at a daily rate • Will not be reimbursed for more than per diem rate • Snacks and excess food purchases will not be allowed Example: • Meal in Jefferson City is set at $39 per diem (Breakfast = $7, Lunch = $11, Dinner = $21) • Eat lunch for $8 + $1 tip = can claim $9 • Eat dinner for $22 + $3 tip = can claim $21
MONITORING TRAVEL cont’d Lodging – • Receipt must be itemized • “Other” charges (i.e. internet, telephone calls, movies) can be on bill but cannot be charged against grant • Must semi-adhere to the federal per diem rate for lodging Example: • Lodging in Jefferson City is $79 • Stayed at Capitol Plaza Hotel for rate of $80/night – allowed • Stayed at DoubleTree Hotel for rate of $90/night – allowed • Stayed at Hotel DeVille for rate of $120/night – not allowed without adequate justification
MONITORING EQUIPMENT • Are the items purchased the same as listed on the contract? • Was the item(s) purchased during the contract period? • Is there an Inventory Control List kept for all equipment purchased under the contract? • Is there an inventory tag on the equipment purchased through the grant? • Are there receipts/invoices for all purchases? • Are there copies of competitive bids, if applicable?
MONITORING SUPPLIES/OPERATIONS • Are all expenses/purchases approved on the contract? • Did the expense occur within the contract period? If not, was the expense pro-rated? • Are there itemized receipts/invoices for all expenses?
MONITORING CONTRACTUAL • Are all expenses approved on the contract? • Do all of the expenses fall within the contract period? • If house/apartment/office is rented, is there a copy of the lease and receipts or record of payments? • If a vehicle is leased, is there a copy of the lease and receipts or record of payment? • Copies of itemized bills for all expenses must be available for review.
MONITORING CONFIDENTIAL FUNDS (DTFs) • Purchase of Evidence (P/E) – contraband to determine crime • Purchase of Information (P/I) – payment to informant for info • Purchase of Services (P/S) – travel/transportation of officer while undercover • Monies released from DPS on reimbursement basis only • Files and monies must be kept separate and secured • The supervisor of the unit must authorize all advances for P/I. • The authorization must specify: • Information to be received • Amount of expenditures • Assumed name of informant • Person disbursing funds (cashier) must have receipts for cash advanced to authorized agents/officers.
MONITORING CONFIDENTIAL FUNDS cont’d • Informant files must be maintained with the following information: • True name • Assumed name(s) • Signature of informant • Photo/Fingerprints • Criminal History Background • Agreement between informant and DTF • Receipts (if applicable) • All expenses should be linked to a report/case number for tracking purposes. • The agent/officer must receive a receipt from the informant for all cash paid to him/her (a witness to the transaction is recommended).
MONITORING FOLLOW-UP Adjustments must be made accordingly and in a timely manner following a monitoring visit. EXAMPLE: • Personnel Overtime reported in October for $335.21. Actual expense $325.21 • Fuel expense reported in July for $45 was incurred on June 26th, prior to the contract period.
TERMINATION OF CONRACTS If DPS determines that a Contractor is operating in a manner inconsistent with the provisions of the application or is failing to comply with the terms of the contract, DPS may temporarily suspend or permanently terminate the contract.
UCRs • Racial Profiling • Federal Forfeiture To be eligible for federal or state grants, law enforcement agencies must be in compliance with these 3 state statutes.