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Managing Your COPS Technology Grant

1. Topics. 2007 Technology ProgramGrants ManagementLegal RequirementsReporting RequirementsMonitoring of Your GrantQuestions and Answers. 2. FY 2007 Technology Program. Funding is for the purpose of enhancing data information-sharing efforts and voice interoperabilityPromote effective partners

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Managing Your COPS Technology Grant

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    1. Pavlo Oborski and Sheryl Thomas Managing Your COPS Technology Grant

    2. 1 Topics 2007 Technology Program Grants Management Legal Requirements Reporting Requirements Monitoring of Your Grant Questions and Answers

    3. 2 FY 2007 Technology Program Funding is for the purpose of enhancing data information-sharing efforts and voice interoperability Promote effective partnerships with government and public safety entities Three-year grant program 25% local match 37 agencies funded for $159 million

    4. 3 FY 2007 Technology Program Technical Assistance Requirements Technical Assistance trainings are provided by SEARCH Mandatory Kick-off Conference Optional Regional Conferences Mandatory on-site technical assistance visit by SEARCH

    5. 4 FY 2007 Technology Program Examples of Funded Projects Voice Systems (25) Data Sharing (30) Project 25 (27) R-DEx (4) N-DEx (5) CAD (8) RMS (8) Fusion Centers (5) Global Justice Model (26) Statewide Plan (35)

    6. 5 Grants Management Sole Source Justification Requests Written approval required for: procurement of item(s) in excess of $100,000, and using a single vendor identified without a competitive bidding process May not draw down or expend funds on that procurement prior to written approval by COPS

    7. 6 Grants Management Sole Source Justification Requests Determination is based on Item or service is available from a single source The immediate nature of purchasing the item or service Competition is deemed to be inadequate after solicitation from a number of sources

    8. 7 Grants Management Sole Source Justification Requests Justification for non-competitive procurement should include: Description of program and item being contracted Explanation of why it is necessary to contract non-competitively Time constraints, if any Uniqueness of item(s) being contracted Declaration that this action is in the “best interests” of the agency Any other relevant information.

    9. 8 Grants Management Consultant Rate Justifications The COPS Office requires written justification and needs to approve of any consultant or contractor rate which exceeds $450 per day. This written approval must be provided by COPS before grantees can draw federal funds for any consultant or contractor rate which exceeds $450 per day.

    10. 9 Grants Management Consultant Rate Justifications The Consultant Rate Justification should include: A resume or curriculum vita (CV) for each consultant or contracted individual; A detailed description of the services to be provided by the consultant or contractor including the number of hours to be worked, number of days, hourly rate, travel expenses, and the nature of the service to be provided; Documented prior instances of when a similar rate has been charged by the consultant or contractor; and Letters of reference from prior clients.

    11. 10 Grants Management Modifications to Your Grant Agencies have the ability to reprogram the grant budget as long as modifications remain within the scope of the project. Grantees may reprogram the budget by an aggregate of 10% of the total project cost without prior approval from the COPS Office. Grantees should consult with their COPS Point of Contact before reprogramming funding, and then notify the COPS Office in writing of any reprogramming that occurs below 10%.

    12. 11 Grants Management Modifications to Your Grant Once an aggregate of 10% or more has occurred in reprogramming, grantees must seek approval from the COPS Office. Unallowable costs will be prohibited (e.g., contractual and/or contracting hours that exceed 36 months’ worth of work, indirect costs, etc.). Acceptable examples of reprogramming include purchasing additional equipment using cost-savings from approved items, or purchasing a different type of equipment based on changing needs.

    13. 12 Grants Management Modifications to Your Grant If the grant reprogramming exceeds 10% in aggregate, grantees must request a modification to the award by submitting a letter on official letterhead that includes: ORI and grant number. Details of the original award. Description of the proposed change with a narrative of the new items, if applicable. Departments should also submit revised budget worksheets that reflect all changes.

    14. 13 Grants Management Modifications to Your Grant Technology awards require Modified Budget Detail Worksheets. These worksheets will use the following format:

    15. 14 Grants Management Modifications to Your Grant Common Questions: Equipment costs have increased since we were awarded. Can we submit a modification to obtain more federal funds? Equipment costs have decreased since we were awarded. Can we apply the cost-savings for another line item? Can I first make the purchase of the items not originally in my agency’s budget, and then formally request the modification?

    16. 15 Grants Management Extensions of the Grant Period Allows grantees more time to implement the project, complete the drawdown of funds on the grant, and complete program requirements. Remember - extensions only provide additional time, not additional funding. Usually approved only during the last quarter of the grant. An extension request that is over half the length of the original award (18 months) will be required to submit a detailed explanation and justification, as well as an implementation timeline. Extension requests must be submitted before the grant end date and will NOT be accepted after the end date.

    17. 16 Grants Management Extensions of the Grant Period Common Questions: How long of an extension should I request? Is there any limit to how long I can extend my grant? My grant has already expired, can I still request an extension? Do I need to request an extension in order to complete the drawdown of funds?

    18. 17 Criminal Intelligence Systems Criminal Intelligence System = shares criminal intelligence data with other law enforcement jurisdictions. All equipment grantees must sign and return the Criminal Intelligence Systems / 28 CFR Part 23 Compliance Special Condition at the time of award acceptance. The Special Condition may be answered in one of two ways: No, the grantee will not use grant funds to operate a criminal intelligence system. Yes, the grantee does intend to use grant funds to operate a criminal intelligence system and agrees to comply with 28 CFR Part 23.

    19. 18 Legal Requirements NEPA and Construction Conditions Prior to constructing anything under the grant (e.g., radio towers or buildings) or drawing federal funds for those items, the grantee must first perform an environmental assessment for each construction site pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended. A Finding of No Significant Impact (FONSI) is necessary prior to any construction or drawdown of federal funds. Because of the administrative barriers and significant project delays related to environmental review under the National Environmental Policy Act, the COPS Office will not fund requests for costs that include construction under the FY 2007 grant program.

    20. 19 Legal Requirements Supplanting The nonsupplanting requirement of the COPS statute states that: “Funds shall not be used to supplant [replace] state or local funds, or in the case of Indian tribal governments, funds supplied by the Bureau of Indian Affairs, . . .

    21. 20 Legal Requirements Supplanting . . . but shall be used to increase the amount of funds that would, in the absence of federal funds received under this subchapter, be made available from state or local sources, or in the case of Indian tribal governments, from funds supplied by the Bureau of Indian Affairs.” 42 U.S.C. §3796dd-3(a).

    22. 21 Legal Requirements Supplanting COPS Technology grant funds must be used to purchase technology and equipment beyond what the grantee already is obligated or funded to purchase. Grant funds may NOT be used to pay for items if those items were previously budgeted or committed to the grantee’s budget. Grantees may NOT reallocate funds from one area to another as a result of receiving Technology funding.

    23. 22 Legal Requirements Supplanting Most common supplanting issues: Early purchases Use of COPS funds to pay for technology / equipment purchased prior to the grant award start date Reductions in funding Use of COPS funds to pay for technology/equipment after reducing the locally-funded “baseline” technology/equipment budget

    24. 23 Legal Requirements Local Matching Funds 25% local cash (NOT in-kind) match required. Local matching funds may not come from funds already budgeted for law enforcement purposes. Local match must be paid anytime during the grant award period.

    25. 24 Legal Requirements Local Matching Funds Grantees must maintain records that show the local match: Source From state or local funds (federal funds only if specifically authorized by the statute of the agency from which you are obtaining funds to use as local match) Examples: Program income from asset forfeiture Funds that are designated in your agency’s budget to serve as matching funds for grants received Private sources or donations Amount As required by the grant terms and by statute Timing When budgeted and paid

    26. 25 Reporting Requirements Financial Status Reports SF-269A - Due no later than 45 days after the end of the calendar quarter Mail to: COPS/Finance Control Desk 1100 Vermont Avenue, NW 6th Floor Washington, DC 20530 FAX: COPS (202) 616-9004

    27. 26 Reporting Requirements Progress Reports Starting in 2008, the new “COPS Non-Hiring Progress Report” will be used for Technology grants. It is anticipated that the report will first be made available in early 2008, and will be an annual requirement for all agencies with non-hiring grants. There will also be a final report collected shortly after the completion of the grant (within 90 days). The report will be available for completion on-line or via the phone.

    28. 27 Monitoring of Your Grant Monitoring Activities Site Visits Office-Based Grant Reviews (OBGRs) Complaints (Alleged Noncompliance Reviews)

    29. 28 Monitoring of Your Grant Audits In addition to oversight, guidance, and counsel provided by the COPS Office, your grant may be subject to an audit by independent examiners. The three primary types of audits are 1) Single Audit Act (SAA) audits, 2) Department of Justice (DOJ) - Office of the Inspector General (OIG) audits, and 3) audits performed by the Government Accountability Office (GAO).

    30. 29 Monitoring of Your Grant Records Retention All documentation associated with a COPS grant must be saved for at least three years following the official notification of grant closure from the COPS Office. These records must be easily located and properly protected against fire or other damage. You should maintain your records so that you can identify them by grant year or by your fiscal year, whichever you find more convenient.

    31. 30 Important Numbers and Addresses COPS Mailing Address: 1100 Vermont Avenue, N.W. Washington, D.C. 20530 (overnight / courier zip: 20005) Financial Status Reports Control Desk: 6th floor of address listed above. 1-800-421-6770 (COPS Response Center) 202-616-9004 (Fax number) 202-514-2852 (Backup fax number)

    32. 31 Important Numbers and Addresses COPS Web Site: http://www.cops.usdoj.gov Email questions: askcopsRC@usdoj.gov COPS Response Center: 1-800-421-6770

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