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Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 818 (c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and complywith criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c . This certification is a material representation of fact upon which reliance was placed when this agreement was made . If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds . The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds . The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system . 31 . Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read , understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds . The signed certification must be submitted at the time of grant application . 32. Equal Employment Opportunity (EEO) a . No person , on the grounds of race, creed , color or national origin s hall be excluded f rom participation in , be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973 , as amended ; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and , Department of Justice Non-Discrimination Regulations 28 CFR Part 42 , Subparts C, D , E , F, G and H . b . The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968 , as amended and that they have or have not formulated , implemented and maintained a current EEO Program . Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated , implemented and maintained such a current written EEO Program , they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub . L. 96- 157 , 42 U . S . C. 3701 , et seq . (Reference Section 803 (a) of the Act, 42 U . S . C . 3783 (a) and 28 CFR Section 42.207 Compliance Information ). c. Any subgrant recipient or implementing agency receiving a single grant award for $500 ,000 or more OR an aggregate of grant awards for $1 ,000 , 000 or more during any 18 month period in federal funds , must have approval of its EEO Plan by the U . S . DOJ , Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE , for submittal to the U . S . DOJ , OCR for approval . The submission shall be in both paper copy and electronic format. If the U . S . DOJ , OCR has approved an agency's EEO Plan during the two previous years , it is not necessary to submit another EEO Plan . Instead , the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old , an updated Plan must be submitted . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 20 Rule 11D-9.006 OCJG - 005 (rev. April 2004)