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Edward Byrne Memorial Justice Assistance Grant (JAG ) Program <br /> Florida Department of Law Enforcement <br /> c . This certification is a material representation of fact upon which reliance was placed when <br /> this agreement was made . If the subgrant recipient or criminal justice agency operates a <br /> criminal intelligence system and does not meet Act and federal regulation criteria , they must <br /> indicate when they plan to come into compliance . Federal law requires a subgrant-funded <br /> criminal intelligence system project to be in compliance with the Act and federal regulation <br /> prior to the award of federal funds . The subgrant recipient is responsible for the continued <br /> adherence to the regulation governing the operation of the system or faces the loss of federal <br /> funds . The Department's approval of the subgrant recipient agreement does not constitute <br /> approval of the subgrant-funded development or operation of a criminal intelligence system . <br /> 31 . Confidential Funds <br /> A signed certification that the project director or the head of the Implementing Agency has read , <br /> understands , and agrees to abide by all of the conditions for confidential funds as set forth in the <br /> effective edition of OJP 's Financial Guide is required from all projects that are involved with <br /> confidential funds from either Federal or matching funds . The signed certification must be <br /> submitted at the time of grant application . <br /> 32 . Equal Employment Opportunity ( EEO) <br /> a . No person , on the grounds of race , creed , color or national origin shall be excluded from <br /> participation in , be refused benefits of, or otherwise subjected to discrimination under grants <br /> awarded pursuant to Title VI of the Civil Rights Act of 1964 ; Section 504 of the Rehabilitation <br /> Act of 1973 , as amended ; Title IX of the Education Amendments of 1972 ; The Age <br /> Discrimination Act of 1975 ; and , Department of Justice Non - Discrimination Regulations 28 <br /> CFR Part 42 , Subparts C , D , E , F , G and H . <br /> b . The subgrant recipient and the implementing agency agree to certify that they either do or do <br /> not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime <br /> Control and Safe Streets Act of 1968 , as amended and that they have or have <br /> not <br /> formulated , implemented and maintained a current EEO Program . Submission of this <br /> certification is a prerequisite to entering into this agreement . This certification is a material <br /> representation of fact upon which reliance was placed when this agreement was made . If the <br /> subgrant recipient or implementing agency meet Act criteria but have not formulated , <br /> implemented and maintained such a current written EEO Program , they have 120 days after <br /> the date this agreement was made to comply with the Actor face loss of federal funds subject <br /> to the sanctions in the Justice System Improvement Act of 1979 , Pub . L . 96 - 157 , 42 U . S . C . <br /> 3701 , et seq . ( Reference Section 803 ( a ) of the Act , 42 U . S . C . 3783 (a ) and 28 CFR Section <br /> 42 .207 Compliance Information ) . <br /> c . Any subgrant recipient or implementing agency receiving a single grant award for $ 500 , 000 <br /> or more OR an aggregate of grant awards for $ 1 ,000 , 000 or more during any 18 month <br /> period in federal funds , must have approval of its EEO Plan by the U . S . DOJ , Office for Civil <br /> Rights (OCR) . The subgrantee shall submit its EEO Plan to FDLE , for submittal to the U . S . <br /> DOJ , OCR for approval . The submission shall be in both paper copy and electronic format . If <br /> the U . S . DOJ , OCR has approved an agency's EEO Plan during the two previous years , it is <br /> not necessary to submit another EEO Plan . Instead , the subgrantee need only send a copy <br /> of its approval letter from the OCR . However, if the EEO Plan approval is more than two <br /> years old , an updated Plan must be submitted . <br /> d . In the event a Federal or State court of Federal or State administrative agency makes a <br /> finding of discrimination after a due process hearing on the grounds of race , color , religion , <br /> national origin , sex , or disability against a recipient of funds , the recipient will forward a copy <br /> of the finding to the Office for Civil Rights , Office of Justice Programs . <br /> SFY 2006 Page 9 <br />