Loading...
Item C22 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 15, 2009 Division: Office of Manaaement and Budaet Bulk Item: Yes XX No - Department: Grants Administration Staff Contact Person: Lisa Tennyson AGENDA ITEM WORDING: Approval of a Resolution authorizing the submission of grant application to the Florida Department of Law Enforcement for the Edward Byrne Memorial Justice Assistance 2010 Recovery Act Grant (JAG) program based upon the recommendations of the Substance Abuse Policy Advisory Board and authorization for the County Administrator to execute application. ITEM BACKGROUND: Federal funds are provided each year to the County through the Florida Dept. of Law Enforcement (FDLE) to implement various law enforcement and substance abuse related programs in Monroe County. This year, Monroe County will receive two allocations of Byrne funds; one through the Recovery Act, the other through the regular distribution. This item pertains to the Recovery Act allocation only, for which Monroe County BOCC received an award of $346,011. As we do each year with the regular Byrne grant program, proposals for this funding were submitted to the County and were reviewed by the Substance Abuse Policy Advisory Board; its funding recommendations and a copy of the applications are attached. The total amount of the grant below includes those grant funds also allocated for the City of Marathon ($58,646) and the City of Layton ($5,864) each of whom requested that Monroe County apply on their behalf. There is no match. PREVIOUS RELEVANT BOCC ACTION: The County has participated in the Byrne JAG grant program since about 1990. Authorization for the Mayor to execute the grant application's funding distribution letter and Certificate of Participation as required by FDLE are also on this month's agenda. CONTRACT/AGREEMENT CHANGES: not applicable STAFF RECOMMENDATION: Approval TOTAL COST: $410,521 BUDGETED: Yes XX No - COST TO COUNTY: 0.00 SOURCE OF FUNDS: Federal Grant 100% REVENUE PRODUCING: Yes - No XX AMT. PER MONTH YEAR APPROVED BY: COUNTY A TTy-:1L O~RCHASING _ RISK MGT.\fl'i<;y DOCUMENTATION: INCLUDED: _ OT REQUIRED: _ DISPOSITION: AGENDA ITEM #: RESOLUTION NO. - 2009 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FISCAL YEAR 2010 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the funding under the American Recovery and Reinvestment Act for Fiscal Year 2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, the Monroe County Board of Commissioners agrees to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $410,521 with no cash match; and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. The County Administrator is hereby authorized to sign and submit the application packet for the ARRA Fiscal Year 2010 grant funds to the Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and that 3. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 15th day of July, A.D., 2009. Mayor Neugent Mayor Pro Tem Murphy Commissioner Carruthers Commissioner DiGennaro Commissioner Wigington (Seal) Monroe County Board of Commissioners Attest: By: Clerk of Court Mayor MONROE COUNTY ATTORNEY ct~P~O'tf;,P AS TO FORM: I 17t,(C IC/~J/-&rf11/JI111 ,~ CHR STINE M. LIMBERT-BARROWS ASSISTANj COUNTY ATTORNEY Date (0 ~~/ nq . I I Following are the applications for the FY 2010 ARRA JAG grant program and the recommendations of the Substance Abuse Policy Advisory Board (minutes from June 16, 2009 meeting.) (Draft-Not Yet Approved) Substance Abuse Policy Advisory Board Minutes June 16, 2009 Harvey Govt. Center, 1200 Truman Ave. 12:30 P.M. Key West, FL Board members/designees present: RaiEtte Avael, Dept. of Juvenile Justice, Chairperson Rosemary Enright, Public Defender, Vice-Chairperson Sean Fury, for Jamie Pipher, Executive Director of Guidance Clinic of the Middle Keys Carol Eisenman for Randy Acevedo, Superintendent of Schools Tommy Taylor, Monroe County Detention Center Todd Koson, for Patricia Burns, Florida Dept. of Corrections Parole and Probation Sylvia Murphy, Mayor Pro Tem, District 5 Commissioner Bob peryam, Sheriff Robert Petrick, Chief of Police, Key Colony Beach Dennis Ward, State Attorney Elwood York, Director Pre-Trial Services Staff members present: Lisa Tennyson, Monroe County Grants Administrator Emmie Coughlin, Budget Analyst Chair RaiEtte Avael noted the existence of a quorum, and the meeting was called to order at approximately 12:40 P.M. Board members introduced themselves and disclosed any affiliations with applicants. Sheriff peryam and Chief Taylor noted their affiliations with the Sheriff's Office; Carol Eisenman noted her affiliation with the School District and Monroe Youth Challenge; Elwood York noted his affiliation with the 16th Judicial Circuit; Dennis Ward noted his affiliation with the State Attorney's Office; Sean Fury noted his affiliation with the Care Center. Upon a motion by Commissioner Murphy, RaiEtte Avael was unanimously re-elected as Chairperson. Rosemary Enright was unanimously re-elected as Vice-Chairperson. Motion to approve the minutes of the May 15, 2008 meeting passed unanimously. Lisa Tennyson summarized Byrne Justice Assistance Grant issues for FY 2010. She noted that Monroe County will receive two separate Byrne JAG Grant allocations this year, one funded under the Recovery Act and the other from the normal, annual distribution. The County was awarded a total of Recovery Act Byrne JAG $586,460 which was apportioned to each of the municipalities within the County. Monroe County's apportioned amount is $346,011. We received a total of 5 applications for this funding (one of which withdrew.) Lisa Tennyson summarized the conditions for this funding, noting the rigorous reporting requirements and preference for projects that maximize job creation and economic investment. She also noted that all funding must be expended within the year and all program deliverables must be completed within the year. Lisa Tennyson then informed that Board that she had spoken to the City of Layton about the use of their funds, and that the City would like to turn its allocation ($5,864) over to Monroe County, specifically for the Sheriff's Office. A motion was made to incorporate the City of Layton's funds into the County's pool and added to the Sheriff's request. It passed unanimously with Sheriff peryam and Chief Taylor abstaining. Lisa Tennyson then informed the board that the County will also receive an estimated $140,000 in its normal Byrne JAG funds. Lisa noted that this is an estimate and while we have not received formal notification, we have proceeded with accepting applications for this funding in anticipation of the formal notice. We received 7 applications for this funding. Lisa Tennyson then summarized the status of the Drug Abuse Trust Fund (DATF) money. She noted that last year we utilized this funding to supplement the Byrne Grant and fund programs of Boys and Girls Club, Monroe Youth Challenge, Heron-Peacock and Samuel's House. She informed the Board that the fund will earn approximately $35,000 and that there is approximately $118,000 in the fund. Lisa informed the Board that they could opt to use the DATF to supplement Byrne funds or to save it for next year. Sheriff peryam stated that the Board should use the money in the DATF and there was agreement by the board. There was discussion regarding the 4 year funding limitation. Lisa Tennyson informed the Board that this is no longer a requirement of FDLE for this funding. Board members discussed that they had continued the policy anyway, Board members discussed the pros and cons of the limit. Commissioner Murphy made a motion to no longer implement the 4 year funding limitation. There was no discussion and the motion passed unanimously. Applicants for the Recovery Act Byrne JAG funding then made presentations and answered questions from the board: . State Attorney's Office discussed its Mortgage Fraud Protection and Prevention Program. . Sheriff's Office discussed its equipment purchase. It was also noted that Layton's money would be added to this request. . School District discussed its need for School Resource Officers. It needs $7,092 in additional funds to cover the cost for its school resource officers, It was discussed that this request could and should be added to the Sheriff's request. . Care Center discussed its Jail Incarceration Program and its request for funding to add an employment readiness component for offenders about to be released. . The fifth applicant, Wesley House, withdrew its application and did not present. Clarification was made regarding the exact amount we had to work with: Monroe County's allocation of 346,011 plus the City of Layton's allocation of $5,864 totals $351,875. After discussion, the motion was made to approve the request for $113,137 from the State Attorney's Office, $44,900 for the Care Center JIP Employment Program, with the remainder of the funds, $193,838 to be given to the Sheriff's Office to be used for equipment purchase and the school resource officer expense, Next, presentations were made by applicants for the normal Byrne JAG funding. There were six applicants and seven applications (Samuel's House submitted two separate applications,) The Care Center, having received a funding approval from the Recovery Act funds, withdrew from consideration for this funding. . Janice Drewing discussed Heron-Peacock's request. . Jane Isherwood addressed the Board concerning the proposal for the Sixteenth Judicial Circuit Drug Court. . Sunny Booker addressed the Board concerning the proposal for Monroe County Education Foundation/Monroe Youth Challenge Middle School Program. . Dan Dombroski addressed the Board regarding the proposal of Boys and Girls Clubs SMART Moves Program/Marathon IV. He and the Board discussed the area served, the target population, and the hours of the program, . Elmira Leto addressed the Board concerning her proposals for Samuel's House Women in Transition program and drug testing. At this point, Lisa Tennyson noted that the requests exceed available funds. Sheriff peryam noted the good work of each of the organizations and that if we didn't have these services, it would only lead to more incarcerations; and that we need more of these services to reduce the rate of incarcerations. Rosemarie Enright stated that we should fund organizations that are county-wide and have demonstrated success. There was a motion to use $35,000 in DATF funds to supplement the $140,000 in normal Bryne JAG money. The motion passed unanimously. Commissioner Murphy asked by what percentage we were now short (it was 23%) and suggested that each request be reduced by that percentage. Each organization was asked if they could sustain such a cut in their funding request. Rosemarie Enright stated that requests should be funded on their merits; not all applications should automatically be funded. Carol Eisenman stated that she didn't agree with applying an across the board percentage cut for every organization and agreed with R. Enright that proposals should be looked at and funded on their merits. At this point, Sheriff peryam put forth the following funding recommendation: Heron Peacock: $37,000 16th Judicial Circuit: 50,166 MYC: $53,100 Boys and Girls: $24,587 Samuel's House: $10,000 Commissioner Murphy made a motion to approve this recommendation. Discussion followed. The motion was withdrawn. R. Enright then made the following recommendation: MYC: $46,000 16th Judicial Circuit: 46,000 Boys and Girls Club: 30,000 Heron Peacock: 32,000 Samuel's House: 21,000 Motion to approve this recommendation was passed, with C. Eisenman voting against. A motion to proportionately distribute any excess or shortage of funds due to any changes made by County Commission, FDLE, or applicant after SAPAB approval of recommendations for FY2010 Byrne funds was approved unanimously. At approximately 2:30 P. M., there being no further business, the meeting was adjourned, Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide [.......... '...'.'.........".........'.......,..'......... m. -~---- I ::.t-.', --:\:)\:f';:'. ~:.".,\~ \~\,',,',:.:'>': " .;'~> <~' "" ,'- " ," ',. ",., j;.;',r:i:;:>;,';' ,..... I Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: George Neugent Title: Mayor Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6039 Ext: Fax: 305-872-9195 Email: boccdis1@monroecounty-f1.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Email: dkolhage@monroe-c1erk.com Application Ref # 2010-ARRC-24 Section #1 Page 1 of 2 Contract -ARRC-MONR- - - Rule Reference 11 D-9,006 OCJG-005 (rev, April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I ~ Implementing Agency Organization Name: Monroe County Sheriffs Office County: Monroe Chief Official Name: Bob peryam Title: Sheriff Address: 5525 College Road City: Key West State: FL Zip: 33040 Phone: 305-292-7000 Ext: Fax: Email: bperyam@keysso.net Project Director Name: Lisa Knowles Title: Director of Finance Address: 5525 College Road City: Key West State: FL Zip: 33040 Phone: 305-292-7012 Ext: Fax: 305-292-7014 Email : Iknowles@keysso.net Application Ref # 2010-ARRC-24 Section #1 Page 2 of 2 Contract -ARRC-MONR- - - Rule Reference 11 D-9,006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I .-.. ._-"~~l 0'- ---;-_.~ --.~ ----.-j General Project Information Project Title: LAW ENFORCEMENT TECHNOLOGY/EQUIPMENT PURCHASE Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Sheriffs Office Project Start Date: 10/1/2009 End Date: 9/30/201 0 Problem Identification Problem Description: The Monroe County Sheriffs Office (MCSO) is faced with a lack of funding for equipment. Due to the state of the economy, the MCSO has not only had to eliminate positions and refrain from filling vacant positions; it has had to curtail spending on equipment. Without adequate funding for state of the art equipment, the MCSO is limited in its ability to perform its law enforcement duties to the fullest. There are two specific problem areas where equipment will positively impact the provision of law enforcement services to the citizens and visitors of Monroe County. The first problem area is the lack of a digital finger and palm print interface with the Florida Department of Law Enforcement (FDLE). Currently, when latent finger and palm prints are lifted from a crime scene by local law enforcement agents the prints are submitted to the MCSO for comparison to a local database. This local database consists solely of prints collected from arrestees during the booking process into the Monroe County Detention Center. This local database is not connected to that of FDLE which stores the prints of those persons arrested statewide; approximately 4000 persons per day. The local database includes approximately 10,000 sets of prints. The second problem area is the lack of In-Car Digital Video Disc (DVD) AudioNideo cameras in the MCSO patrol vehicles. Of 130 total patrol units, currently only 29 are equipped with In-Car camera systems. Of those 29 units, 16 are VHS systems, an outdated modality. These 16 units are maintained at an ever-increasing expense to the MCSO. Parts for these units are hard to come by and the costs of duplicating VHS tapes of incidents are greater than those associated with DVDs. Problem Significance: Monroe County is a very transient community with many visitors. A lot of its crime is committed by persons from other counties. Of the approximately 3500 people booked into the Monroe County Detention Centers in 2008, over 2500 (71 %) of those were listed with out of county addresses. Crime scene latent prints that are only compared to a local database are less likely to solve that crime than if those latents were compared with a statewide database run by FDLE. The MCSO provides print comparison assistance to the Key West Police Department and its own deputies and detectives. In-Car cameras ensure the integrity of a law enforcement officer's work. The proposed In-Car DVD AudioNideo camera systems will automatically engage once the officer turns on the ignition and the system starts recording to a DVD once the officer turns on the emergency lights or sirens. With the pursuit of a traffic offender or a fleeing offender, the actions on the road, for example the offender's driving pattern, would be recorded as the deputy pursues the offender. Once stopped, the deputy and the offender will be recorded during the stop. With Driving Under the Influence (DUI) offenders the Application Ref # 2010-ARRC-24 Section #2 Page 1 of 4 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev, April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I .. .",",,".=..~ .__.._-_..__.._..__.~ i recordation of their performance of the field sobriety exercises will assist with ensuring that, ultimately, justice prevails. In this day of modem technology, jurors expect video records of a law enforcement officer's actions. The DVD In-Car systems are an asset to all involved. They have two microphones, one on the officer and one in the rear cabin of the patrol car. The officer's microphone is capable of recording up to a quarter mile from the vehicle. Among other things, this allows an officer's encounter with a domestic violence situation to be audio recorded even though the officer has entered the house. Additionally, these DVD systems are an asset to the community in documenting the events of an officer involved accident. The mechanics of the recent accident that resulted in the death of an MCSO Traffic Unit officer were better understood because the officer's actions were recorded with the camera system in his patrol car. Needs Assessment: The problems created by the lack of funding for technological advances range from crimes going unsolved due to an inadequate finger and palm print database to a lack of evidence due to a failure to capture on scene incidents caused by a lack of In-Car camera systems. As stated above a large number, 71 %, of those booked into the Monroe County Detention Centers were from out of county. In other words, 71 % of those who committed crimes in this county are from outside of Monroe County. Limiting the database when attempting to solve crime or identify unknown persons to a local database is self-defeating. In 2008 MCSO made 202 arrests for DUI. With 130 patrol cars within the agency, only 22% are equipped with In-Car cameras. The MCSO Traffic Unit consists of 9 members all of whom have In -Car cameras. The Traffic Unit made 73 of the 202 DUI arrests in 2008. The remaining 129, or 63%, of the DUI arrests were conducted by the remaining 117 patrol officers who only had 20 cameras available to them. Although it is common knowledge that a simple traffic stop can be the most dangerous situation for an officer, when looking at the DUI arrests, the majority of stops were made by non-traffic officers who only have 16% of their patrol units outfitted with a camera. Additionally, the focus of a DUI stop is not just the roadside sobriety exercises. The events leading up to the stop are also important. These, too, will be captured with In-Car camera systems. At the time of this analysis, the figures were not available to compare the success rate for conviction with video of the suspect's driving pattern and the sobriety exercises versus having no In-Car video. Project Summary This project, Into the 21st Century, is singularly focused on modernizing the Monroe County Sheriffs Office (MCSO) through the purchase of state of the art equipment, including a state of the art digital finger and palm print interface with the Florida Department of Law Enforcement and In- Car Digital Video Disc (DVD) systems. This project will accomplish the goal of modernization by making state of the art law enforcement tools available to local deputies and other law enforcement agencies in the county. In addition to MCSO deputies and detectives, the Key West Police Department utilizes the MCSO for comparisons of prints. Print comparisons are often necessary to solve crime, to identify dead bodies, and to identify persons suffering from memory loss Application Ref # 2010-ARRC-24 Section #2 Page 2 of 4 Contract -ARRC-MONR- - - Rule Reference 110-9,006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide such as Alzheimer's Disease. The mission of the Monroe County Sheriffs Office is to protect and serve the citizens and visitors of the County. The community's safety, crime solving, and justice are its goals. The Monroe County Sheriffs Office will utilize the equipment for the benefit of the Monroe County residents and visitors. This equipment will assist law enforcement in its efforts to solve crime and protect both citizens and visitors. The digital finger and palm print interface with the statewide database will lead to more identifications and thus more crimes solved. The In Car DVD Video systems will substantially improve the quality of evidence available to both the State Attorney's Office and the Defense and thus help ensure justice in the courtrooms. As part of the proposed purchase of the fingerprint system we have included a request to spend $7000.00 for training on this system. The two full days of training will be provided on-site in Key West, Monroe County, Florida. The training will be provided by MorohoTrak, Inc., Printrak Division, the proprietor of the system. MCSO proposes that at a minium, fifteen employees will be trained in the use of this system. These employees will include the fingerprint technician, the crime scene technicians, the detective sergeants, and detectives. Additionally, as part of the in-car camera system purchases, MCSO will purchase $1779.00 worth of DVDs to be used in conjunction with these systems. The equipment to be purchased includes the following: 1. Watch Guard Digital In Car Video Systems: 23 units --DV-1, Overhead System 2nd Generation; includes overhead recorder unit, combination front/cabin camera, cabin microphone, hardware and cabling, lifetime software upgrades, one year factory warranty. --Integrated GPS technology -DVD's for the cameras 2. MorphoTrak, Inc., PRINTRAK Division, Latent Station --Control Computer HP Workstation, Windows OS -Printrak Latent Station Client Software Package -Advanced Print Processing System -Latent Case Database, including: -Latent Case Management Client Software Package --Client Hardware Subsystem --Latent Camera and Illumination subsystem assembly -Printrak Review Software application -AFIS 2000 Interface Adapter Software application -Installation and Configuration to access FDLE AFIS -- Warranty: one year on site Advantage Solution Warranty --On-site Training: 2 days Application Ref # 2010-ARRC-24 Section #2 Page 3 of 4 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev, April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I --- -~~-~-'---~-J Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Application Ref # 2010-ARRC-24 Section #2 Page 4 of 4 Contract -ARRC-MONR- - - Rule Reference 110-9,006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide ,.....\/' .-:---'---_.."-~'- .. ... -'-"-~"~'~-'~~--'--"--'-"'-.--'-""-~'-"-I I General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 - Law Enforcement Programs State Purpose Area: 8 - Training - Conduct Training for Criminal Justice System Staff Activity Description Activity: Training (SPA 8) Target Group: Training (SPA 8) Geographic Area: Countywide Location Type: Countywide Address(es) : Monroe County Sheriffs Office 5525 College Road Key West, FL 33040 Objectives and Measures Objective: 1 O.8.SI - Percent of training events held Measure: Part 2 Number of training conferences to be held Goal: 1 Objective: 11.8.SI - Percent of criminal justice staff who completed training Measure: Part 1 Number of staff to participate in training Goal: 15 Measure: Part 2 Number of staff to complete the training Goal: 15 Measure: Part 3 Number of staff to be trained during the grant period who will report training as useful Goal: 15 Measure: Part 4 Application Ref # 2010-ARRC-24 Section #3 Page 1 of 5 Contract -ARRC-MONR- - - Rule Reference 110-9,006 OCJG-005 (rev, April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide ~.... <;;~1c,'iY.Z .....-.--.~,...~_...~ '-"-"-'--'---~"'-~"---=--=--~-'" J '.y-. .........-.----. '"...~ Number of staff who will report an increase in skills Goal: 15 Measure: Part 5 Number of staff who will report an increase in knowledge Goal: 15 Objective: 13.8.SI - Amount of award expended on training Measure: Part 1 Amount of award to be expended to provide training Goal: $7,000.00 Objective: 15.8.SI - Number of criminal justice system or individual-serving professionals trained Measure: Part 1 Number of criminal justice or professional staff who will be trained Goal: 15 Measure: Part 2 Total number of program staff Goal: 15 Measure: Part 3 Number of criminal justice or professional staff needing training Goal: 15 State Purpose Area: E - Equipment Supplies - Purchase EquipmenUSupplies Activity Description Activity: Equipment and Supplies Target Group: Equipment and Supplies Geographic Area: Countywide Location Type: Countywide Address(es) : Application Ref # 2010-ARRC-24 Section #3 Page 2 of 5 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide 1.'.5.> ............:,......~..,-....,~---- 1 ~:(- ~- -~~---.....-...........--.. ._~._.~. . _ __.__J < _d'~ . Monroe County Sheriff's Office 5525 College Road Key West. FL 33040 Objectives and Measures Objective: 25.E.SI - Amount of funds expended on equipment and/or supplies Measure: Part 1 Amount of funds to be expended to purchase equipment and/or supplies Goal: $185,059.00 Objective: 26.E.SI - Types of equipment and/or supplies purchased with JAG funds Measure: Part 4 Purchase equipment and/or supplies other than court supplies, computer software, or firearms Goal: Yes State Purpose Area: REC - Recovery Act Measures Activity Description Activity: Recovery Act Target Group: Recovery Act Geographic Area: Countywide Location Type: Countywide Address(es) : Monroe County Sheriff's Office 5525 College Road Key West. FL 33040 Objectives and Measures Objective: RC - Number of jobs created or saved (by type) due to Recovery Act funding Measure: Part 1 Number of jobs to be prevented from being eliminated with Recovery Act funding Goal: 0 Application Ref # 2010-ARRC-24 Section #3 Page 3 of 5 Contract -ARRC-MONR- - - Rule Reference 11 D-9,006 OCJG-005 (rev, April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I .-.=-;........."7'-. ...~..~-~~~...... _d ------~ ~....~w.w Measure: Part 2 Number of jobs that were eliminated within the last 12 months that will be reinstated with Recovery Act funding Goal: 0 Measure: Part 3 Number of jobs to be created with Recovery Act funding Goal: 0 Application Ref # 2010-ARRC-24 Section #3 Page 4 of 5 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev, April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide r ... ..-..'''------ ...........__._,-'------'"'"~~-----_._..-.~- ~~_~._..._J_,..~., i _~..~~_. ---__w..........--..._--.-..-~~_..._._.w_~.. j Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: Not applicable Question: If "other" was selected for location type, please describe. Answer: Not applicable Question: What is the physical address of your primary performance location? This is a physical location, not a mailing address. If your physical location is confidential, enter the address of the next highest level of your organization. Enter only one address. Answer: Monroe County Sheriffs Office 5525 College Road Key West, FI 33040 Application Ref # 2010-ARRC-24 Section #3 Page 5 of 5 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide L____ .................____~. .. - I -~-_.._~----~--_.__..._.._--_._..__..j General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Monthly Is the subgrantee a state agency?: No FLAIR I Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $8,779.00 $0.00 $8,779.00 Operating Capital $185,059.00 $0.00 $185,059.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $193,838.00 $0.00 $193,838.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2010-ARRC-24 Section #4 Page 1 of 3 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev, April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I,":}x " ' ' ~-................ --~.._...- I '---~-----~-------~-""-'-'y-.......~-_.-'--.J Budget Narrative: TOTAL BUDGET: $193,838.00 Equipment: MorphoTrak / Latent System: $67,000.00 Unit Price: $67,000.00 Number of Units: 1 Watch Guard Digitalin-Car Camera System: $118,059.00 Unit Price: $5,133 Number of Units: 23 Total Equipment: $185,059 Expenses: Training On Site 2-Day Training for 151aw enforcement personnel: $7,000.00 Supplies DVDs for new in-car cameras: $1,779.00 Total Expenses: $8,779.00 TOTAL BUDGET: $193,838.00 The total expenses for this project are $193,838.00. The Grant request covers all expenses for this project. The line items in the above budget include two major purchases, the MorphTrak Latent Station, with the requisite training package and(23) Watch Guard DigitalIn-Car Camera Systems with the DVDs to use in conjunction with the in-car systems. There are no salaries or benefits associated with this grant request. Application Ref # 2010-ARRC-24 Section #4 Page 2 of 3 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev, April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I ._....._......,.~... --------~ I ,-'-' Section Questions: Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: No salaries, not applicable Question: If benefits are to be included, are they reflected in the budget narrative? Answer: No salaries, not applicable. Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: Not applicable. Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: The cost estimate for each item is based upon price quotations from businesses obtained in May 2009. Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriff's office. Answer: The Sheriff's Office Operating Capital Outlay threshold is $1,000. Application Ref # 2010-ARRC-24 Section #4 Page 3 of 3 Contract -ARRC-MONR- - - Rule Reference 110-9,006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide L Section 5: Standard Conditions j Insert Standard Conditions Page here. Application Ref # 2010-ARRC-24 Section #5 Page 1 of 1 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev, April 2005) Edward Syrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement L Standard Conditions I ~-'Y~-' Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 1? of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: . Florida Administrative Code, Chapter 110-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program" . Office of Management and Budget (OMB) Circular A-21 (2 CFR 220), "Cost Principles for Educational Institutions" . OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" . OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments" . OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" . OMB Circular A-122 (2 CFR 230), "Cost Principles for Non-Profit Organizations" . OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" . 28 CFR 38, "Equal Treatment for Faith-Based Organizations" . 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) . 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)" . 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63 . Public Law 109-162, Title XI-Department of Justice Reauthorization, Subtitle B- Improving the Department of Justice's Grant Programs, Chapter 1-Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111, Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program · 42 U.S.C, 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMS Circular A-8?, "Cost Principles for State, Local and Indian Tribal Governments," or OMS Circular A-21, "Cost Principles for Educational Institutions." b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMS Circular A-11 0, or OMS Circular A-1 02, and Florida law to be eligible for reimbursement. SFY 2010 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 3. Reports a. Project Performance Reports (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within 15 days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions, (2) Report Contents: Performance reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON-line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (d) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. (2) The Financial Closeout Documentation shall be submitted to the Department within forty- five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY 2010 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A-21 , A-8?, and A-110, or A-102 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding shall be provided to a subgrant recipient upon a written request to the Department. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund mayor may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. Any unexpended interest remaining at the end of the subgrant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9, Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to ~ 112.061, Fla. Stat. SFY 2010 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income, b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter, A report must be submitted each quarter even if no PGI was earned or expended. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a, The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or dispose of it pursuant to S 274, Fla. Stat. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U,S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-11 0 or A-1 02, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-11 0 or A-102, as applicable. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and SFY 2010 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact the Office of Crimina/ Justice Grants for award number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of 9 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules. "; 9 215.97, Fla. Stat. , "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For-Profit Organizations." b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. SFY 2010 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction, The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1 ) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY 2010 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in S 120, Fla. Stat., and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under S 120, Fla. Stat. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow publiC access to all documents, papers, letters, or other materials subject to provisions of S 119, Fla. Stat. , and SFY 2010 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of S 435, Fla. Stat. shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to S 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting SFY 2010 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1 ) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with S 397.334, Fla. Stat., "Treatment-Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 32. 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 the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily- imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. S 3789d); the Victims of Crime Act (42 U.S.C. S 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. S SFY 2010 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. S 2000d); the Rehabilitation Act of 1973 (29 U.S.C. S 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. S 12131-34); the Education Amendments of 1972 (20 U.S.C. SS1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. SS 6101-07); and Department of Justice Non-Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith- based and community organizations). b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at http://www.ojp.usdoj.gov/about/ocr/eeop_comply.htm, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. e. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. f. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act (UlNA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses SFY 2010 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1 ) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 OO-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, uOMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; SFY 2010 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, uNew Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant certifies that: (1 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. SFY 2010 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 41. "Pay - to - Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. UPay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated SFY 2010 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. S 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.qov. 44. The Coastal Barrier Resources Act The subgrant recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of SFY 2010 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234,87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S. C. S 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. S 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. S 4321). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit http://www. n iem. qov/implementationq u ide. php. 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. SFY 2010 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 53. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 54. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1 046. 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 56. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 57. Conflict of Interest The subgrant recipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 58. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. S 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs. 59. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 U.S.C. SS 1501-08 and SS 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 60. Equal Treatment for Faith Based Organizations The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the SFY 2010 Page 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equaUbo.htm. 61. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee. SFY 2010 Page 17 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recoverv and Reinvestment Act of 2009 I Special Recovery Act Conditions I 1. Recovery Act a. All subgrant recipients must comply with Public Law 111-5, the American Recovery and Reinvestment Act of 2009 (This law is a federal public law). b. The subgrant recipient understands and agrees that all other terms and conditions contained in this award, or in applicable FDLE or Office of Justice Programs grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111-5 ("ARRA" or "Recovery Act") requirements. Subgrant recipients are responsible for contacting their grant managers for any needed clarifications. c. The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future FDLE or Office of Justice Programs (including government-wide) guidance and clarifications of Recovery Act requirements. 2. Access to Records; Interviews The subgrant recipient understands and agrees that FDLE, the Department of Justice (including the Office of Justice Programs and the Office of the Inspector General)), and its representatives, and the Government Accountability Office, shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award, including such records of any subgrant recipient, contractor, or subcontractor. See items 23 and 24 of the Standard Conditions. The recipient also understands and agrees that FDLE, the Department of Justice, and the Government Accountability Office are authorized to interview any officer or employee of the subgrant recipient, contractor, or subcontractor regarding transactions related to this Recovery Act award. 3. One-time funding The subgrant recipient understands and agrees that awards under the Recovery Act will be one- time awards and accordingly that its proposed project activities and deliverables are to be accomplished without additional Department of Justice funding. 4. Separate Tracking and Reporting of Recovery Act Funds and Outcomes The subgrant recipient agrees to track, account for, and report on all funds from this Recovery Act award (including speCific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including Department of Justice award funds from non-Recovery Act awards awarded for the same or similar purposes or programs. (Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate.) Accordingly, the accounting systems of the subgrant recipient must ensure that funds from this Recovery Act award are not commingled with funds from any other source. The subgrant recipient further agrees that all personnel whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non-award related activities. SFY 2010 Page 1 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 5. Central Contractor Registration and DUNS Number The subgrant recipient must maintain a current registration in the Central Contractor Registration (www.ccr.gov) at all times during which it has any active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. 6. Additional Audit Requirements - Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards a. The subgrant recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations" and OMB A-102 Common Rules provisions (relating to Grants and Cooperative Agreements with State and Local Governments). b. The subgrant recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A-133. This condition only applies if the Single Audit Act Amendments of 1996 and OMB Circular A-133, UAudits of States, Local Governments, and Non-Profit Organizations" cover the subgrant recipient. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SFSAC. 7. Reporting (Section 1512) a. In addition to the reporting requirements in item 3 of the Standard Conditions, subgrant recipients must provide any information necessary to comply with section 1512 of the Recovery Act, which requires detailed reporting by FDLE not later than ten calendar days after the end of each calendar quarter. Receipt of funds will be contingent upon timely reporting. b. The subgrant recipient must complete projects or activities which are funded under the Recovery Act and report on use of Recovery Act funds provided through this subgrant. Information from these reports will be made available to the public. 8. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Department of Justice, Office of the Inspector General any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for Recovery Act funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Recovery Act funds. Potential fraud, waste, abuse, or misconduct should be reported to the Office of the Inspector General by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 SFY 2010 Page 2 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the Department of Justice Office of the Inspector General website at www.usdoj.gov/oig. 9. Protecting State and Local Government and Contractor Whistleblowers (Section 1553) The subgrant recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non-Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of Recovery Act is available at www.ojp.usdoj.gov/recovery. 10. Limit on Funds (Section 1604) None of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 11. Infrastructure Investment (Sections 1511 and 1602) The subgrant recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure investment absent submission of a satisfactory certification under section 1511 of the Recovery Act. Should the subgrant recipient decide to use funds for infrastructure investment subsequent to award, the subgrant recipient must submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from the Office of Justice Programs. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections1511 and 1602) is available at www.ojp.usdoj.gov/recovery. 12. Buy American (Section 1605) a. The subgrant recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act ("Buy American"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification to the Office of Justice Programs program office for approval. All projects must comply with government-wide standard conditions (anticipated to be published in subpart B of 2 C.F.R. part 176) that further implement the specific requirements or exceptions of section 1605. b. Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, alteration, maintenance, or repair of a public building or publiC work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States, subject to certain exceptions, including United States obligations under international agreements. SFY 2010 Page 3 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recoverv and Reinvestment Act of 2009 13. Wage Rate Requirements (Section 1606) Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. The standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 14. NEPA and Related Laws The subgrant recipient understands that all Office of Justice Programs awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The subgrant recipient agrees to assist the Office of Justice Programs in carrying out its responsibilities under NEPA and related laws, if the subgrant recipient plans to use Recovery Act funds to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App. D.) The subgrant recipient also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. See item 36 of the Standard Conditions. 15. Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. SFY 2010 Page 4 Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I ..-.-..--...."'.. I In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement OffIce of Criminal Justice Grants Signature: Typed Name and Title: Date: Subgrant Recipient Authorizing OffIcial of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: Signature: Typed Name and Title: Date: Implementing Agency OffIcial, Administrator or Designated Representative Typed Name of Implementing Agen (' Signature: }( Typed Name and Title: Date: June 17, 2009 Application Ref # 2010-ARRC-24 Section #6 Page 1 of 1 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide r ~ ... ______.___._~~_=~~_..~J L Insert Certifications and Authorizations here. Application Ref # 2010-ARRC-24 Section #7 Page 1 of 1 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, uNew Restrictions on Lobbying" and 28 CFR Part 67, uGovernment-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. (b) Have not within a three-year period preceding this application 1. LOBBYING been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 obtaining, attempting to obtain, or performing a public (Federal, State, CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $100,000, as defined at 28 CFR Part 69. the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements, or receiving stolen property; of the undersigned, to any person for inftuencing or attempting to inftuence an officer or employee of any agency, a member of Congress, an officer or employee (e) Are not presently indicted for or otherwise criminally or civilly of Congress, or an employee of a Member of Congress in connection with the charged by a governmental entity (Federal, State, or local) with making of any federal grant. the entering into of any cooperative agreement, and commission of any of the offenses enumerated in paragraph (1) (b) of the extension. continuation, renewal, amendment, or modification of any federal this certification; and grant or cooperative agreement; (d) Have not within a three-year period preceding this application (b) If any funds other than federal appropriated funds have been paid or will be had one or more public transactions (Federal, State, or local) paid to any person inftuencing or attempting to inftuence an officer or employee of terminated for cause or default; and any agency, a member of Congress, an officer or an employee of Congress. or an employee of a member of Congress in connection with this federal grant or B. Where the applicant is unable to certify to any of the statements in cooperative agreement, the undersigned shall complete and submit Standard this certification, he or she shall attach an explanation to this Form - LLL, "Disclosure of Lobbying Activities", in accordance with its instructions; application. (e) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, 3. DRUG-FREE WORKPLACE contracts under grants and cooperative agreements. and subcontracts) and that all (GRANTEES OTHER THAN INDIVIDUALS) subrecipients shall certify and disclose accordingly. As required by the Drug-Free Workplace Act of 1988, and 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 C FR Part 67, Subpart F, for grantees. as defined at 28 CFR Part 67 Sections 67.615 and 67.620- RESPONSIBILITY MATTERS (DIRECT RECIPIENT) A. The applicant certifies that it will or will continue to provide a drug- free workplace by: As required by Executive Order 12549. Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered (a) Publishing a statement notifying employees that the unlawful transactions. as defined at 28 CFR Part 67, Section 67.510 - manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and A. The applicant certifies that it and its principals: specifying the actions that will be taken against employees for violation of such prohibition; (a) Are not presently debarred, suspended. proposed for debarment. declared ineligible, sentenced to a denial of federal benefits by a State or Federal court, or (b) Establishing an on-going drug-free awareness program to inform voluntarily excluded from covered transactions by any federal department or employees about- agency; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification Application Package Page 1 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recovery Act Edward Byrne Memorial Justice Assistance Grant Program (e) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant. the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a Check here _ If there are workplaces on file that are not identified criminal drug statute occurring in the workplace no later than five calendar days here. after the conviction; Section 67.630 of the regulations provides that a grantee that is a (e) Notifying the agency, in writing, within 10 calendar days after receiving notice State may elect to make one certification in each Federal fiscal year. under subparagraph (d) (2) from an employee or otherwise receiving actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. States and State agencies may elect including position title, to: Department of Justice, Office of Justice Programs, to use OJP Form 4061/7. ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice Check here _ If the State has elected to complete OJP Form shall include the identification number(s) of each affected grant; 406117. (f) Taking one of the following actions. within 30 calendar days of receiving notice under subparagraph (d) (2). with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and DRUG-FREE WORKPLACE including termination. consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 1973, as amended; or As required by the Drug-Free Workplace Act of 1988, and (2) Requiring such employee to participate satisfactorily in a drug abuse implemented at 28 CFR Part 67, Subpart F, for grantees, as defined assistance or rehabilitation program approved for such purposes by a Federal. at 28 CFR Part 67; Sections 67.615 and 67.620- State, or local health. law enforcement, or other appropriate agency; A. As a condition of the grant, I certify that I will not engage in the (9) Making a good faith effort to continue to maintain a drug-free workplace unlawful manufacture, distribution, dispensing, possession, or use of through implementation of paragraphs (a), (b), (c), (d), (e), and (f). a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Place of Performance (Street address, city, county, state, zip code) Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Monroe County 2. Project Name: Law Enforcement Eauipment Uporade 3. Typed Name and Title of Authorized Representative: Roman Gastesi. Jr.. County Administrator 4. Signature: 5. Date: FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification Application Package Page 2 CERTIFICATION FORM Recipient Name and Address: Monroe County Board of County Commissioners Grant Title: Law Enforcement Equipment Upgrade Grant Number: 2010-ARRC-24 Award Amount: $193,838 Contact Person Name and Title: Lisa Tennyson, Grants Administrator Phone Number: (305~92-4444 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R SS 42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, N. W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307-2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that apply. 0 Recipient has less than 50 employees, 0 Recipient is an Indian tribe, 0 Recipient is a non-profit organization, 0 Recipient is an educational institution, or 0 Recipient is a medical institution, 0 Recipient is receiving an award less than $25,000 I, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R S42.302. I further certify that [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. S 42.305): I, Roman Gastesi, Jr., County Administrator [responsible official], certify that the Monroe County Board of County Commissioners [recipient],which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR S42.30 1, et seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of: Calvin Allen, EEO Officer, Monroe County BOCC [organization], at 1100 Siminonton Street, Key West, Florida 33040 [address],for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations. Roman Gastesi, Jr., County Administrator 6/17/09 Print or type Name and Title Signature Date OMB Approval No. 1121-0140 Expiration Date: 01/31/06 .. CERTIFICATION AS TO FEDERAL GROSS REVENUES RECEIVED Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recoverv and Reinvestment Act of 2009 Certification as to Federal Gross Revenues Received The chief financial officer for the subgrantee makes the following certifications: . The subgrantee in its preceding fiscal year did NOT receive 80 percent or more of its annual gross revenues in Federal awards. AND/OR . The subgrantee in its preceding fiscal year did NOT receive $25,000,000 or more in annual gross revenues from Federal awards. Signature of Subgrantee Chief Financial Officer Date Dannv Kolhaqe Typed Name of Subgrantee Chief Financial Officer Clerk of the Court Title of Subgrantee Chief Financial Officer Monroe County Name of Subgrantee Note: If the subgrantee in its preceding fiscal year BOTH received 80 percent or more of its annual gross revenues in Federal awards AND received $25,000,000 or more in annual gross revenues from Federal awards, then it must provide FDLE with the names and total compensation of the five most highly compensated officers of the subgrantee. FDLE JAG Recovery Act Grant Application Package Certification as to Federal Gross Revenues Received Page 1 (Rev. Aoril 2009) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide 1- -..-....... _.._.._..._._.~ - I Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: George Neugent Title: Mayor Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6039 Ext: Fax: 305-872-9195 Email: boccdis 1 @monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Email: dkolhage@monroe-c1erk.com Application Ref # 2010-ARRC-320 Section #1 Page 1 of 2 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 09JG-005 (rev. April 2005) l'" Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I ......y~_..._~.,._.."... ._....~......_-"-'...........'"',.~~. 1 Implementing Agency Organization Name: Monroe County Sheriffs Office County: Monroe Chief Official Name: Bob Peryam Title: Sheriff Address: 5525 College Road City: Key West State: FL Zip: 33040 Phone: 305-292-7000 Ext: Fax: Email: bperyam@keysso.net Project Director Name: Chad Scibilia Title: Captain Address: 5525 College Road City: Key West State: FL Zip: 33040 Phone: 305-292-7000 Ext: Fax: Email: cscibilia@keysso.net Application Ref # 2010-ARRC-320 Section #1 Page 2 of 2 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I. . ... -~_.~.., .......,.~......-...........~....._--,._.._--y-_...._..._...._.~-~-==-=--,....-..-"""~ ... I L-;' General Project Information Project Title: LAW ENFORCEMENT EQUIPMENT UPGRADE Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Sheriffs Office Project Start Date: 10/1/2009 End Date: 9/30/2010 Problem Identification The Florida Keys are a bow-shaped chain of low lying islands over 220 miles in length that extend from the southeastern tip of the Florida. Just under 80,000 permanent residents live in the County. The Monroe County Sheriffs Office is the primary law enforcement agency providing service to the citizens of the county. To best meet the needs of the citizens, the Sheriff?s Office has divided its area of responsibility into sectors. The Middle Keys jurisdictional area is comprised of two sectors, Sector 4, the city of Marathon, from the north end of the 7 mile bridge to Tom's Harbor Cut Bridge at the 60.5 mile marker of the Overseas Highway; and Sector 5, from Tom's Harbor Cut Bridge to the Islamorada city limits, at the 74 mile marker of the Overseas Highway. For the Middle Keys Sector the Sheriff?s Office has assigned a Captain, 4 Sergeants and 11 Deputies to provide community-based law enforcement services. In this area the Sheriff?s Office answers service requests, investigates crimes, serves warrants and summons, conducts property checks, consults with local business owners, government officials, school officials, and citizens, conducts security checks, enforces traffic laws, and responds to back-up when directed. It also provides access to aviation, bomb squad, crime scene processing, major crime detective and investigative, hostage negotiation, and other law enforcement and support services when needed. In addition to combating crime, the Sheriff?s Office must find a way to fight budget shortfalls which threaten its ability to provide the level of law enforcement necessary to keep the community safe. In 2008, the Sheriff?s Office budget was cut by 13% which led to the reduction of 30 positions throughout Monroe County including the loss of 21 law enforcement officer positions. The budget outlook for future years looks just as bleak. In light of tight future budgets the Sheriff?s Office must find ways to increase the efficiency of its law enforcement officers. In addition to budget concerns, the Sheriff?s Office faces a constant criminal threat. The Office of National Drug Control Policy wrote that the Caribbean, considered a natural bridge between North and South America, serves as a transshipment region for drugs destined for United States, African, and European markets. Its strategic location and hundreds of islands and cays, combined with a large volume of both commercial and non-commercial air/maritime movement, makes the Caribbean and attractive region for drug trafficking organizations seeking to conceal illicit activities. This places the Florida Keys on the front line of the war on drugs because the islands of the Florida Keys offer a tempting entry point into the United States. According to a March 2000 Office of National Drug Control Policy Fact Sheet on Drug-Related Crime, trafficking in illicit drugs tends to be associated with the commission of violent crimes. Because of the ever-present threat of violent crime, the Sheriff?s Office must use technology to keep ahead of the criminals. In addition to staying prepared for the threat of violent crime, the Sheriff?s Office must deal with the day-to-day issues of a small community including that associated with traffic enforcement. The entire island chain of the Florida Keys is connected by the Overseas Highway, a highway which serves as the main street for Florida Keys communities and as the main highway for tourists traveling through the Keys. According to the National Highway Traffic Safety Administration (NHTSA) in 2006, there were 38,588 fatal crashes resulting in 42,642 Application Ref # 2010-ARRC-320 Section #2 Page 1 of 4 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide L -~-,. l deaths in the United States. Although only 23% of the US population lives in rural areas, rural fatalities accounted for 55% of all traffic fatalities in 2006. Crash data from the Florida Department of Highway Safety from 2004 bears this out. Miami-Dade County, which is the most populous county in Florida, also has a reputation for being one of the most dangerous areas for driving in the country. In 2004 Miami-Dade County, with a population of 2,253,362, suffered 46,166 crashes resulting in 318 fatalities. In 2004, Monroe County, with a population of 79,589, suffered 1,548 crashes resulting in 30 fatalities. When comparing crash rates, Miami-Dade County had 20 crashes for every 1000 people and Monroe County had 19 crashes for every 1000 people. When comparing fatality rates, Miami-Dade County had 1 fatality for every 10,000 people and Monroe County had a fatality rate of 4 for every 10,000 people. To address this, the Sheriff?s Department must find way to improve the enforcement of traffic safety laws. Considering the budget, violent crime, and traffic enforcement concerns cited above, the Sheriff?s Office held a meeting to conduct a needs assessment for the Middle Keys Sector. They identified the need to acquire the following technology to protect the officers and citizens of Marathon and make law enforcement more efficient: in car DVD video recorders, tasers, hand-held and dash-mounted radar, night vision devices, and tint meter devices. Project Summary Craig Floyd, the Chairman and Chief Executive Officer of the National Law Enforcement Officers Memorial Fund stated that in 2007 the nation?s law enforcement officers were confronted with more brazen, heavily-armed and cold-blooded criminals than they have faced in many years. Police death statistics for 2007 confirmed this. In that year, 186 officers were killed nation wide, an increase of more than 28 percent from the previous year. The trend of more brazen, heavily- armed criminals has made its way around the country including to Monroe County. On March 10, 2009 while trying to apprehend a federal fugitive, officers from the Environmental Protection Agency and the Monroe County Sheriff?s Office were forced to shoot the suspect when he threatened them with a loaded assault rifle. This incident serves as a sober reminder of the threats law enforcement faces each day. One of the ways to increase officer safety is through the judicious introduction of technology. The Sheriff?s Office identified two items as pressing needs to counter violent suspects: night vision devices and tasers, a non-lethal technology device. One of the most dangerous situations for an officer is performing duties in low-light conditions where vision is limited. Night vision devices are designed to amplify the available light to provide the officer the advantage over potential threats through better vision. The purchase of night vision devices which can be used in conjunction with video equipment provides patrol officers a valuable tool to during low visibility scenarios. In addition to night vision technology, use of non-lethal technology, like tasers, is becoming more prominent. A taser is designed to temporarily incapacitate or restrain an individual when lethal force is not appropriate by shooting barbs to the body which supply an incapacitating electrical shock. Tasers provide officers an additional option to safely subdue violent suspects and to potentially reduce the need to employ deadly force in certain scenarios. A recent incident in unincorporated Monroe County highlights this. When Sheriff?s Officers responded to a domestic incident, they encountered a suspect brandishing a sword. They safely resolved the incident by subduing the suspect with a taser. Violence can occur during other seemingly routine encounters. To protect officer safety during traffic stops, the Sheriff?s Office would like to step up its enforcement of Florida?s window tinting law. Window tinting has become popular over the past years because it keeps drivers cool. However, tint that is too dark presents a hazard to officers. Last year in New York, a police officer was shot and killed when he approached a sports utility vehicle with darkened windows. Window tint meters Application Ref # 2010-ARRC-320 Section #2 Page 2 of 4 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev, April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide and reference material will allow the Sheriff?s Department to more aggressively enforce the window tint law to help protect officers. Window tinting is only one concern of traffic law enforcement. The Monash University Accident Research Center conducted a review of international literature relating to traffic law enforcement. The specific areas examined included alcohol, speed, seat belts and signalized intersections. The study documented the types of traffic enforcement methods and the range of options available to policing authorities to increase the overall efficiency, in terms of cost and human resources, and effectiveness of enforcement operations. The general conclusions of the study were that the success of enforcement is dependent on its ability to create a meaningful deterrent threat to road users. To achieve this, the primary focus should be on increasing surveillance levels to ensure that perceived apprehension risk is high. The study also found that significantly increasing the actual level of enforcement activity is the most effective means of increasing the perceived risk of apprehension. One of the ways to increase the level of surveillance is through technology. Radar and laser detection devices are complementary technologies which provide different capabilities. Radar allows officers to track multiple vehicles and to track vehicles while moving. Laser allows officers to target specific vehicles in congested areas and is more weather-resistant. The purchase of hand-held and dash-mounted radars together with hand-held laser device provides a multitude of capabilities to enforce traffic laws more efficiently by promoting deterrence through an increased perception of enforcement level. In addition to radar and laser devices the Sheriff?s Department has identified the need to purchase in car DVD recorders. In a White Paper entitled, Enforcement In-Car Video Capabilities, Larry Sharp, in citing the value of police video wrote that video recording technology is an asset for any officer-citizen contact, citizen transport in police car, and probable cause related questions. Typical benefits are increased conviction rates, less time in court proceedings and litigation, increased officer awareness of their conduct, training situations and reinforcement, and overall easier understanding of any (recorded) situation. In a time of shrinking budgets, the benefits realized in time savings and efficiency are a must to maintain the needed level of law enforcement services. The Middle Keys Sector of the Monroe County Sheriff?s Office will procure 8 in car DVD video recorders, 10 tasers, 1 hand-held radar, 2 dash-mounted radars, 1 laser device, 2 night vision devices, and 4 tint meters with reference samples. The incorporation of new equipment into law enforcement operations will increase efficiency, protect 11 law enforcement positions and create 6 jobs through the procurement, installation, and maintenance of the new equipment. Application Ref # 2010-ARRC-320 Section #2 Page 3 of 4 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I ,........,-~-~.-'-'.... .~-'-~I Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Application Ref # 2010-ARRC-320 Section #2 Page 4 of 4 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I ._-,...._..'-~~...._.~_.... I General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 - Law Enforcement Programs State Purpose Area: E - Equipment Supplies - Purchase Equipment/Supplies Activity Description Activity: Equipment and Supplies Target Group: Equipment and Supplies Geographic Area: Countywide Location Type: Countywide Objectives and Measures Objective: 25.E.SI - Amount of funds expended on equipment and/or supplies Measure: Part 1 Amount of funds to be expended to purchase equipment and/or supplies Goal: 58,646.00 Objective: 26.E.SI - Types of equipment and/or supplies purchased with JAG funds Measure: Part 4 Purchase equipment and/or supplies other than court supplies, computer software, or firearms Goal: Yes Objective: 27.E.SI - Number of units to directly benefit from equipment and/or supplies purchased with JAG funds Measure: Part 1 Number of units that expended grant funds to purchase equipment or supplies Goal: 1 Measure: Part 2 Number of units that will directly benefit from equipment and/or supplies purchased with JAG funds Goal: 1 Objective: 28.E.SI - Percent of criminal justice staff who reported a desired change in job performance or in program quality as a result of equipment or supplies purchased by JAG funds Application Ref # 2010-ARRC-320 Section #3 Page 1 of 3 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide rr.... '~"-' [ I Measure: Part 1 Number of criminal justice staff to receive equipment and/or supplies as a result of JAG funds Goal: 11 Measure: Part 2 Number of staff who will report a desired change in job performance as a result of equipment and/or supplies purchased with JAG funds Goal: 11 Measure: Part 3 Number of staff who will report a desired change in program quality as a result of equipment and/or supplies purchased by JAG funds Goal: 11 Application Ref # 2010-ARRC-320 Section #3 Page 2 of 3 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide r ..,.-......---..,....-,., I Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: Not applicable Question: If "other" was selected for location type, please describe. Answer: Not applicable Question: What is the physical address of your primary performance location? This is a physical location, not a mailing address. If your physical location is confidential, enter the address of the next highest level of your organization. Enter only one address. Answer: 3101 Overseas Highway Marathon, Florida 33050 Application Ref # 2010-ARRC-320 Section #3 Page 3 of 3 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide [ ........."....."..-... .,................ -~~=' --, - General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Monthly Is the subgrantee a state agency?: No FLAIR I Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $10,301.00 $0.00 $10,301.00 Operating Capital $48,345.00 $0.00 $48,345.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $58,646.00 $0.00 $58,646.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2010-ARRC-320 Section #4 Page 1 of 4 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide C ""-~... --......... I Budget Narrative: Equipment Description Item:ln Car DVD Video Recorder Unit Price: $5,130.00 Units: 8 Total: $41,040.00 Description: Procure In Car DVD Video Recorder, Installation Services, and Delivery Services Item: Taser Unit Price: $820.00 Units:10 Total: $8,200.00 Description: Procure Tasers and Delivery Services Item: Hand Held Radar Unit Price: $2,030.00 Units: 1 Total: $2,030.00 Description: Procure Hand-Held Radars and Delivery Services Item: Laser Unit Price: $2,275.00 Units:1 Total: $2,275.00 Description: Procure Laser Traffic Enforcement Device and Delivery Services Item: Dash Mounted Radar Unit Price: $1,500.00 Units:2 Total:$3,000.00 Description: Procure Dash-Mounted Radar Devices, Installation Services, and Delivery Services Item: Night Vision Devices Unit Price: $480.00 Units:2 Total: $960.00 Description: Procure Night Vision Devices and Delivery Services Item: Tint Meter Reference Samples Unit Price: $165.00 Units: 4 Total: $660.00 Description: Procure Window Tint Meters, Reference Samples for Calibration, and Delivery Services Subtotal for Equipment Procurement: $58,165.00 Shipping costs for all Equipment: $ 481.00 Total Costs of Contractual Services: $58,656.00 Captial Outlay = Unit Price >$1000. All other costs are considered expenses. Capital Outlay $48,345.00 Expenses $10,301.00 Application Ref # 2010-ARRC-320 Section #4 Page 2 of 4 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide Budget Narrative (Continued): Application Ref # 2010-ARRC-320 Section #4 Page 3 of 4 Contract -ARRC-MONR- -- Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I .. -_.....~-_._,~----_._---..-.....__._. - I Section Questions: Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: Not applicable Question: If benefits are to be included, are they reflected in the budget narrative? Answer: Not applicable Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: Not applicable Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: The cost estimate for each procurement item was based upon price quotations from businesses obtained in May of 2009. Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: The Operating Capital Outlay threshold for the Monroe County Sheriffs Office is $1,000. Application Ref # 2010-ARRC-320 Section #4 Page 4 of 4 Contract -ARRC-MONR- -- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I ~ ',--,-,'..-' -, Section 5: Standard Conditions Insert Standard Conditions Page here. Application Ref # 2010-ARRC-320 Section #5 Page 1 of 1 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement I Standard Conditions I Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of th is section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: . Florida Administrative Code, Chapter 11 D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program" . Office of Management and Budget (OMB) Circular A-21 (2 CFR 220), "Cost Principles for Educational Institutions" . OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" . OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments" . OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" . OMB Circular A-122 (2 CFR 230), "Cost Principles for Non-Profit Organizations" . OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" . 28 CFR 38, "Equal Treatment for Faith-Based Organizations" . 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) . 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)" . 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63 . Public Law 109-162, Title XI-Department of Justice Reauthorization, Subtitle B- Improving the Department of Justice's Grant Programs, Chapter 1-Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program . 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions." b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-11 0, or OMB Circular A-102, and Florida law to be eligible for reimbursement. SFY 2010 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 3. Reports a. Project Performance Reports (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within 15 days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON-line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (d) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. (2) The Financial Closeout Documentation shall be submitted to the Department within forty- five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY 2010 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income. ) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and A-11 0, or A-1 02 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding shall be provided to a subgrant recipient upon a written request to the Department. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund mayor may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. Any unexpended interest remaining at the end of the subgrant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to S 112.061, Fla. Stat. SFY 2010 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or dispose of it pursuant to S 274, Fla. Stat. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-11 0 or A-1 02, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-11 0 or A-1 02, as applicable. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and SFY 2010 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: 'This project was supported by Award No. [contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of S 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; S 215.97, Fla. Stat. , uFlorida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, uLocal Governmental Entity Audits" and Chapter 10.650, uFlorida Single Audit Act Audits Nonprofit and For-Profit Organizations." b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and reg u lations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. SFY 2010 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1 ) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY 2010 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in S 120, Fla. Stat., and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under S 120, Fla. Stat. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of S 119, Fla. Stat. , and SFY 2010 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of S 435, Fla. Stat. shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to S 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting SFY 2010 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and su bmitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with S 397.334, Fla. Stat., "Treatment-Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 32. 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 the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily- imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. S 3789d); the Victims of Crime Act (42 U.S.C. S 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. S SFY 2010 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. S 2000d); the Rehabilitation Act of 1973 (29 U.S.C. S 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. S 12131-34); the Education Amendments of 1972 (20 U.S.C. SS1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. SS 6101-07); and Department of Justice Non-Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith- based and community organizations). b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at http://www.ojp.usdoj.gov/about/ocr/eeop_comply.htm, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. e. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. f. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INN). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses SFY 2010 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1 ) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine la boratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; SFY 2010 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of th is certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant certifies that: (1 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. SFY 2010 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 41. "Pay - to - Stay" Funds from this award may not be used to operate a Upay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. UPay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated SFY 2010 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. S 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.qov. 44. The Coastal Barrier Resources Act The subgrant recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of SFY 2010 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. S 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. S 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. S 4321). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit http://www.niem. QOV /imple mentationQ uide. ph p. 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. SFY 2010 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 53. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C. F. R. Part 22 and, in particular, section 22.23. 54. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1 046. 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 56. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 57. Conflict of Interest The subgrant recipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 58. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. S 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs. 59. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 U.S.C. SS 1501-08 and SS 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 60. Equal Treatment for Faith Based Organizations The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the SFY 2010 Page 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equaUbo.htm. 61. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee. SFY 2010 Page 17 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 I Special Recovery Act Conditions I 1. Recovery Act a. All subgrant recipients must comply with Public Law 111-5, the American Recovery and Reinvestment Act of 2009 (This law is a federal public law). b. The subgrant recipient understands and agrees that all other terms and conditions contained in this award, or in applicable FDLE or Office of Justice Programs grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111-5 ("ARRA" or "Recovery Act") requirements. Subgrant recipients are responsible for contacting their grant managers for any needed clarifications. c. The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future FDLE or Office of Justice Programs (including government-wide) guidance and clarifications of Recovery Act requirements. 2. Access to Records; Interviews The subgrant recipient understands and agrees that FDLE, the Department of Justice (including the Office of Justice Programs and the Office of the Inspector General)), and its representatives, and the Government Accountability Office, shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award, including such records of any subgrant recipient, contractor, or subcontractor. See items 23 and 24 of the Standard Conditions. The recipient also understands and agrees that FDLE, the Department of Justice, and the Government Accountability Office are authorized to interview any officer or employee of the subgrant recipient, contractor, or subcontractor regarding transactions related to this Recovery Act award. 3. One-time funding The subgrant recipient understands and agrees that awards under the Recovery Act will be one- time awards and accordingly that its proposed project activities and deliverables are to be accomplished without additional Department of Justice funding. 4. Separate Tracking and Reporting of Recovery Act Funds and Outcomes The subgrant recipient agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including Department of Justice award funds from non-Recovery Act awards awarded for the same or similar purposes or programs. (Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate.) Accordingly, the accounting systems of the subgrant recipient must ensure that funds from this Recovery Act award are not commingled with funds from any other source. The subgrant recipient further agrees that all personnel whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non-award related activities. SFY 2010 Page 1 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 5. Central Contractor Registration and DUNS Number The subgrant recipient must maintain a current registration in the Central Contractor Registration (www.ccr.gov) at all times during which it has any active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. 6. Additional Audit Requirements - Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards a. The subgrant recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations" and OMB A-102 Common Rules provisions (relating to Grants and Cooperative Agreements with State and Local Governments). b. The subgrant recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A-133. This condition only applies if the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" cover the subgrant recipient. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix uARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SFSAC. 7. Reporting (Section 1512) a. In addition to the reporting requirements in item 3 of the Standard Conditions, subgrant recipients must provide any information necessary to comply with section 1512 of the Recovery Act, which requires detailed reporting by FDLE not later than ten calendar days after the end of each calendar quarter. Receipt of funds will be contingent upon timely reporting. b. The subgrant recipient must complete projects or activities which are funded under the Recovery Act and report on use of Recovery Act funds provided through this subgrant. Information from these reports will be made available to the public. 8. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Department of Justice, Office of the Inspector General any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for Recovery Act funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Recovery Act funds. Potential fraud, waste, abuse, or misconduct should be reported to the Office of the Inspector General by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 SFY 2010 Page 2 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the Department of Justice Office of the Inspector General website at www.usdoj.gov/oig. 9. Protecting State and Local Government and Contractor Whistleblowers (Section 1553) The subgrant recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non-Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of Recovery Act is available at www.ojp.usdoj.gov/recovery. 10. Limit on Funds (Section 1604) None of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 11. Infrastructure Investment (Sections 1511 and 1602) The subgrant recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure investment absent submission of a satisfactory certification under section 1511 of the Recovery Act. Should the subgrant recipient decide to use funds for infrastructure investment subsequent to award, the subgrant recipient must submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from the Office of Justice Programs. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections1511 and 1602) is available at www.ojp.usdoj.gov/recovery. 12. Buy American (Section 1605) a. The subgrant recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act (UBuy American"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification to the Office of Justice Programs program office for approval. All projects must comply with government-wide standard conditions (anticipated to be published in subpart B of 2 C.F.R. part 176) that further implement the specific requirements or exceptions of section 1605. b. Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States, subject to certain exceptions, including United States obligations under international agreements. SFY 2010 Page 3 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 13. Wage Rate Requirements (Section 1606) Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. The standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 14. NEPA and Related Laws The subgrant recipient understands that all Office of Justice Programs awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The subgrant recipient agrees to assist the Office of Justice Programs in carrying out its responsibilities under NEPA and related laws, if the subgrant recipient plans to use Recovery Act funds to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App. D.) The subgrant recipient also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. See item 36 of the Standard Conditions. 15. Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. SFY 2010 Page 4 Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I - --.J In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: Typed Name and Title: Date: Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chalnnan, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: Signature: Typed Name and Title: Date: Implementing Agency Official, Administrator or Designated Representative Typed Name of Imple nty Sheriff's Office Signature: Typed Name and Title: P. Peryam - Date: June 17, 2009 Application Ref # 2010-ARRC-320 Section #6 Page 1 of 1 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide r~m I Insert Certifications and Authorizations here. Application Ref # 2010-ARRC-320 Section #7 Page 1 of 1 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) CERTIFICATION FORM Recipient Name and Address: Monroe County Board of County Commissioners Grant Title: Law Enforcement Equipment Upgrade Grant Number: 201 0-ARRC-320 A ward Amount: $58,646 Contact Person Name and Title: Lisa Tennyson, Grants Administrator Phone Number: ( 30~ 292-4444 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R SS 42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEO P, but they do not need to submit the EEO P to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed formes) to the 0 ffice for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, N. W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307-2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that apply. 0 Recipient has less than 50 employees, 0 Recipient is an Indian tribe, 0 Recipient is a non-profit organization, 0 Recipient is an educational institution, or 0 Recipient is a medical institution, 0 Recipient is receiving an award less than $25,000 I, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R 942.302. I further certify that [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Prin t or ty pe Name and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. S 42.305): I, Roman Gastesi, Jr., County Administrator [responsible official], certify that the Monroe County Board of County Commissioners [recipient],which has 50 or more employees and is receiving a single award or sub award for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR 942.301, et seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of: Calvin Allen, EEO Officer, Monroe County BOCC [organization], at 1100 Simonton Street, Key West, Florida 33040 [address],for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations. Roman Gastesi, Jr., County Administrator Print or type Name and Title Signatu re Date OMB Approval No. 1121-0140 Expiration Date: 0] /31/06 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, uGovernment-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. (b) Have not within a three-year period preceding this application 1. LOBBYING been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 obtaining, attempting to obtain, or performing a public (Federal, State. CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $100,000, as defined at 28 CFR Part 69, the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records. making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements, or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee (c) Are not presently indicted for or otherwise criminally or civilly of Congress, or an employee of a Member of Congress in connection with the charged by a governmental entity (Federal, State, or local) with making of any federal grant. the entering into of any cooperative agreement, and commission of any of the offenses enumerated in paragraph (1) (b) of the extension. continuation, renewal, amendment, or modification of any federal this certification; and grant or cooperative agreement; (d) Have not within a three-year period preceding this application (b) If any funds other than federal appropriated funds have been paid or will be had one or more public transactions (Federal, State, or local) paid to any person influencing or attempting to influence an officer or employee of terminated for cause or default; and any agency, a member of Congress, an officer or an employee of Congress, or an employee of a member of Congress in connection with this federal grant or B. Where the applicant is unable to certify to any of the statements in cooperative agreement, the undersigned shall complete and submit Standard this certification, he or she shall attach an explanation to this Form - LLL, "Disclosure of Lobbying Activities", in accordance with its instructions; application. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, 3. DRUG-FREE WORKPLACE contracts under grants and cooperative agreements. and subcontracts) and that all (GRANTEES OTHER THAN INDIVIDUALS) subrecipients shall certify and disclose accordingly. As required by the Drug-Free Workplace Act of 1988, and 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F. for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620- RESPONSIBILITY MA TIERS (DIRECT RECIPIENT) A. The applicant certifies that it will or will continue to provide a drug- free workplace by: As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67. for prospective participants in primary covered (a) Publishing a statement notifying employees that the unlawful transactions, as defined at 28 CFR Part 67. Section 67.510- manufacture, distribution. dispensing. possession, or use of a controlled substance is prohibited in the grantee's workplace and A. The applicant certifies that it and its principals: specifying the actions that will be taken against employees for violation of such prohibition; (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a State or Federal court, or (b) Establishing an on-going drug-free awareness program to inform voluntarily excluded from covered transactions by any federal department or employees about- agency; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE Recovery Act JAG Grant Lobbying, Debannent, Suspension, and Drug-Free Workplace Certification Application Package Page 1 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recovery Act Edward Bvrne Memorial Justice Assistance Grant Program (e) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant. the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a Check here _ If there are workplaces on file that are not identified criminal drug statute occurring in the workplace no later than five calendar days here. after the conviction; Section 67.630 of the regulations provides that a grantee that is a (e) Notifying the agency, in writing, within 10 calendar days after receiving notice State may elect to make one certification in each Federal fiscal year. under subparagraph (d) (2) from an employee or otherwise receiving actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. States and State agencies may elect including position title, to: Department of Justice, Office of Justice Programs. to use OJP Form 4061/7. ATIN: Control Desk, 633 Indiana Avenue, N.W.. Washington, D.C. 20531. Notice Check here _ If the State has elected to complete OJP Form shall include the identification number(s) of each affected grant; 4061/7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and DRUG-FREE WORKPLACE including termination. consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 1973, as amended; or As required by the Drug-Free Workplace Act of 1988, and (2) Requiring such employee to participate satisfactorily in a drug abuse implemented at 28 CFR Part 67, Subpart F, for grantees, as defined assistance or rehabilitation program approved for such purposes by a Federal, at 28 CFR Part 67; Sections 67.615 and 67.620- State, or local health, law enforcement, or other appropriate agency; A. As a condition of the grant. I certify that I will not engage in the (g) Making a good faith effort to continue to maintain a drug-free workplace unlawful manufacture, distribution, dispensing, possession, or use of through implementation of paragraphs (a), (b), (c), (d). (e), and (t). a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Place of Performance (Street address. city, county, state. zip code) Department of Justice, Office of Justice Programs, A TIN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Monroe County 2. Project Name: Law Enforcement Eouipment Uporade 3. Typed Name and Title of Authorized Representative: Roman Gastesi. Jr.. County Administrator 4. Signature: 5. Date: FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification Application Package Page 2 CERTIFICATION AS TO FEDERAL GROSS REVENUES RECEIVED Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 Certification as to Federal Gross Revenues Received The chief financial officer for the subgrantee makes the following certifications: . The subgrantee in its preceding fiscal year did NOT receive 80 percent or more of its annual gross revenues in Federal awards. AND/OR . The subgrantee in its preceding fiscal year did NOT receive $25,000,000 or more in annual gross revenues from Federal awards. Signature of Subgrantee Chief Financial Officer Date Danny Kolhage Typed Name of Subgrantee Chief Financial Officer Clerk of the Court Title of Subgrantee Chief Financial Officer Monroe County Name of Subgrantee Note: If the subgrantee in its preceding fiscal year BOTH received 80 percent or more of its annual gross revenues in Federal awards AND received $25,000,000 or more in annual gross revenues from Federal awards, then it must provide FDLE with the names and total compensation of the five most highly compensated officers of the subgrantee. FDLE JAG Recovery Act Grant Application Package Certification as to Federal Gross Revenues Received Page 1 (Rev. April 2009) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide L___-=---____~.~.. ~~-~~-m,_~.-"~~~-~--l Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: George Neugent Title: Mayor Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6039 Ext: Fax: 305-872-9195 Email: boccdis 1 @monroecounty-f1.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Email: dkolhage@monroe-c1erk.com Application Ref # 2010-ARRC-357 Section #1 Page 1 of 2 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide ~1~'~:~'~t\f~:;" '-""""""~--'---'''~-==---=--''''~''''-''---''...-~.--~ "-C.,..~~ i ~A~"."'W ;w ~..^"" .u.^ .>>~" .. .","' - '--'---'-_"'_._.,~.._~----_._~__J Implementing Agency Organization Name: State Attorney's Office, 16th Judicial Circuit County: Monroe Chief Official Name: Dennis Ward Title: State Attorney Address: 88820 Overseas Highway City: Tavernier State: FL Zip: 33070 Phone: 305-852-7170 Ext: Fax: Email: dward@keyssao.org Project Director Name: Anthony Pizzo Title: Chief Investigator Address: 88820 Overseas Highway City: Tavernier State: FL Zip: 33070 Phone: 305-852-7170 Ext: Fax: Email: apizzo@keyssao.org Application Ref # 2010-ARRC-357 Section #1 Page 2 of 2 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I ....."'-'...==---.._~-_.,..-:-..............----...... -----:--, I I '"" ..-.----_________.J .~~--. General Project Information Project Title: MORTGAGE FRAUD PREVENTION AND PROTECTION PROGRAM Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: State Attorney's Office, 16th Judicial Circuit Project Start Date: 10/1/2009 End Date: 9/30/201 0 Problem Identification Problem Description: Mortgage fraud has reached epidemic levels throughout the State of Florida. According to recent available statistical data and surveys, Florida ranks in the top ten mortgage fraud states. It posted the nation?s fourth highest state foreclosure rate during the first 2009 quarter, with one in every 73 housing units receiving a foreclosure filing. About 25% of all foreclosures are due to undetected mortgage fraud. The booming real estate market in the Florida Keys, together with easy credit availability, created the perfect storm for mortgage fraud. Lenders and mortgage brokers promoted "cashing out" equity via refinancing, regardless of the borrower's ability to sustain the debt. Since assuming office one hundred fifty (150) days ago, State Attorney Dennis Ward has already commenced investigations into twenty (20) cases of alleged mortgage fraud. It is anticipated that the number of alleged mortgage fraud cases will significantly increase as the foreclosure rate continues its dramatic rise in the Florida Keys. The link between foreclosures and mortgage fraud continues to become more apparent. One recent mortgage fraud investigation conducted by the Florida Department of Law Enforcement (FDLE) identified nearly one hundred thirty (130) loan applications containing fraudulent information. Of those, twenty-five (25) of the homes financed are currently in foreclosure or the subject of legal action. As the number of foreclosures continues to climb, mortgage fraud in Florida is expected to escalate proportionately. Florida foreclosures in 2008 climbed 113% from 2007, well above the national increase of 81%. Further, nearly 17% of all 2008 foreclosures in the United States occurred in the State of Florida. Monroe County is simply inundated with foreclosu res. Of particular concern to the Monroe County State Attorney's Office (SAO) is mortgage fraud for profit in the current economic climate. Mortgage fraud for profit has not stopped with the current economic downturn and the corresponding significant decrease in mortgage loan applications. It has morphed. The financial perpetrators have just developed new methods. Vulnerable and desperate unsuspecting homeowners seeking financial guidance and economic relief, who typically have poor credit, have fallen victim to Foreclosure Rescue and Short Sale scams. Since October 2008, State of Florida authorities have received nearly 1600 complaints about suspicious offers to provide "Foreclosure Rescue" services. Similarly, the SAO has received a significant increase in the number of inquiries/complaints and the increase is continuing to rise, although numerous victims are still unaware that they have been duped. Problem Significance: The program's goal is to Stop Mortgage Fraud through education, early detection and prosecution of perpetrators, timely responding to citizens? needs on a local level. Application Ref # 2010-ARRC-357 Section #2 Page 1 of 4 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I 1 I - <'; ,; , ~' I -~--~~~"----'------------..-.__.-----~~--- As previously noted, the SAO is currently investigating twenty (20) cases of alleged mortgage fraud, half the amount of the Florida Attorney General's Office (AGO) current investigation of forty (40) mortgage loan modification frauds across the state. Three (3) of the AGO's investigations involve companies that have been doing business in Monroe County. There is certainly no shortage of mortgage fraud cases in Monroe County, Florida. These frauds are mostly brought to the attention of the proper law enforcement agency by the victim. Authorities believe that there are countless numbers of frauds that go undetected and perpetrators unpunished, solely because the victims are not aware that a crime is actually being committed against them. The proposed SAO program is designed to educate the public, both as to prevention and detection. Needs Assessment: SAO is currently under severe financial restraints because of the current fiscal crisis being experienced by the State of Florida. SAO not only has the responsibility for the investigation and prosecution of mortgage fraud cases, but all other violations of Florida Criminal Statutes ranging from DUI, rape, murder, burglary, etc., etc., etc. within the County. All this is currently handled by a staff of five (5) investigators, one (1) forensic accountant, twenty (20) prosecutors, and a nineteen (19) person support staff. Although committed to getting the job done, both on a timely and professional basis, there is simply not enough manpower to complete the current caseload, let alone any significant others. Each mortgage fraud case is significant, especially to the homeowner who is left homeless. Mortgage fraud cases involve special expertise. There is little available time to: (a) cross-train individuals within the SAO itself; (b) educate the public as to its vulnerability to this type of criminal activity, and (c) assist other state and federal agencies in similar types of investigations and prosecutions. As the FBI noted, most mortgage fraud schemes are small in nature. The problem is the number of schemes and the amount of time involved to properly investigate the ones detected. Whether the scheme involves One Hundred Thousand Dollars ($100,000) or One Million Dollars ($1,000,000), an equal amount of time and effort is spent investigating the crime and the prosecution thereof. The documents are the same, regardless of the size of the property or the amount of money involved. Therefore the SAO submits this Grant Request for $113,137.00. Proceeds of the Grant will be used to hire one (1) mortgage fraud investigator and one (1) crime prevention practitioner. These individuals will join the currently employed mortgage fraud investigators and prosecutor in order to form the MORTGAGE FRAUD PREVENTION UNIT (UNIT) of the SAO. The UNIT will enable the SAO to: 1. Conduct public education programs detailing the current emerging forms of mortgage fraud to reach victims and prevent creation of new victims; Application Ref # 2010-ARRC-357 Section #2 Page 2 of 4 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide 1<: .. "~-"'---"~"'--~'"""---'~--""'-""~-'-""'l I "--'~'---- ..__._------~ 2. Fully investigate and prosecute all mortgage fraud cases brought to its attention; and 3. Assist and participate with other local, state and federal agencies in their investigations and prosecution of mortgage fraud within Monroe County. Project Summary The SAO will become proactive in the prevention, detection, investigation, and prosecution of mortgage fraus in Monroe County. Through this program, the SAO will: 1. Hold public educational meetings, forums, and seminars to educate as the to various forms of mortgage fraud, each specifically designed for the public at large, the real estate brokerage community, the mortgage lending community, and the title agencies. 2, Prepare and distribute mortgage fraud educational brochures. 3. Develop a joint educational program with the Monroe County Judiciary in order to train clerks of the court as to various forms of mortgage fraud evident in civil action and public records filings. 4. Together with local banks and the Florida Keys Board of Realtors, develop a mortgage fraud detection handbook, 5. Sensitize the legal community, through seminars, and forums with the local Bar Association, 6. Solicit the cooperation of the real estate, lending and legal communities to prevent, detect and report mortgage fraud. 7. Develop and implement a mortgage fraud/foreclosure checklist with the Judges of the 16th Judicial Circuit that must be filed together with a civil complaint involving any relief concerning a mortgage, to alert the attorneys and the Court of potential mortgage fraud. First and foremost is the prevention of mortgage fraud before it happens. The SAO believes that a majority of mortgage fraud crimes can be eliminated solely through education and training. The crime prevention practitioner, with the assistance of all the investigators and prosecutors, will be responsible for developing the educational programs. State Attorney Ward recognizes that in order to restore stability in the economy, consumer confidence in the economic system must be restored. The reduction of this form of criminal activity will have a significant positive impact. It will also yield increased confidence in the functioning of our local, state and federal governmental agencies. Application Ref # 2010-ARRC-357 Section #2 Page 3 of 4 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I .....~---...._.... ....._"~.,,---") ".__--..J Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Application Ref # 2010-ARRC-357 Section #2 Page 4 of 4 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide f -----------..-, m_'___..~ I -""> General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 - Law Enforcement Programs State Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State Initiatives Activity Description Activity: Community Presentations Target Group: Adults Geographic Area: Countywide Location Type: Countywide Address(es) : State Attorney's Office 88820 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Crime Prevention Education Target Group: Businesses Geographic Area: Countywide Location Type: Countywide Address(es) : State Attorney's Office 88820 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Crime Prevention Education Target Group: Law Enforcement Geographic Area: Countywide Location Type: Countywide Address(es) : Application Ref # 2010-ARRC-357 Section #3 Page 1 of 7 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide r,':~;~~~'.~II""~'):~'/:~J-'----"-"---- ___ _ _ _ -~-~ ---"------ --_._-----~.~ State Attorney's Office 88820 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Criminal Investigation Target Group: Other Geographic Area: Countywide Location Type: Countywide Address(es) : State Attorney's Office 88820 Overseas Highway Tavernier, FL 33070 Target Group Questions: Question: Please provide the name of the target group. Answer: Mortgage Fraud Offenders Objectives and Measures Objective: 02.A.SI - Number of local initiatives planned Measure: Part 1 Number of local initiatives planned Goal: 3 Objective: 03.A.DS* - Number of individuals receiving services Measure: Part 1 Number of individuals to receive services during the grant period Goal: 400 Measure: Part 2 Number of individuals to receive services during each reporting period Goal: 100 Objective: 04.A.DS* - Number of defined groups receiving services Measure: Part 1 Application Ref # 2010-ARRC-357 Section #3 Page 2 of 7 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide [2<- ;:?-, ~'''''''-'~'=-------=-----'''~'~'-'''''''~-'-' --' 1 '.3;;; , ~._._---~-~~~.-----.~ '-----'---_~__,__1 Total number of defined groups to receive services during the grant period Goal: 3 Measure: Part 2 Number of defined groups to receive services each reporting period Goal: 1 Objective: 06.A.BT* - Number of program participants who completed (intended) programming Measure: Part 1 Number of program participants to complete programming during the grant period Goal: 450 Measure: Part 2 Number of program participants who will exit programming during the grant period (complete or not complete) Goal: 450 Objective: 07.A.BT* - Number of defined groups that completed (intended) programming Measure: Part 1 Number of defined groups to complete programming during the grant period Goal: 3 Measure: Part 2 Number of defined groups that will exit programming during the grant period (complete or not) Goal: 3 Objective: 08.A.BT* - Number of program participants who exhibit a desired change in a targeted behavior Measure: Part 1 Number of program participants during the grant period Goal: 450 Measure: Part 2 Number of program participants who will exhibit a desired change in a targeted behavior Goal: 450 Application Ref # 2010-ARRC-357 Section #3 Page 3 of 7 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide r "'-'r -~---=-_.-=~,---='~~~~-~----=~~___J L State Purpose Area: B - Training - Conduct Training for Criminal Justice System Staff Activity Description Activity: Training (SPA B) Target Group: Training (SPA B) Geographic Area: Countywide Location Type: Countywide Address(es) : State Attorney's Office 88820 Overseas Highway Tavernier, FL 33070 Objectives and Measures Objective: 11.B.SI - Percent of criminal justice staff who completed training Measure: Part 1 Number of staff to participate in training Goal: 25 Measure: Part 2 Number of staff to complete the training Goal: 25 Measure: Part 3 Number of staff to be trained during the grant period who will report training as useful Goal: 25 Measure: Part 4 Number of staff who will report an increase in skills Goal: 25 Measure: Part 5 Number of staff who will report an increase in knowledge Goal: 25 Objective: 15.B.SI - Number of criminal justice system or individual-serving professionals trained Application Ref # 2010-ARRC-357 Section #3 Page 4 of 7 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide l:.... ......~....... ...~______.-=--_ ---~=___~__._ _~___-~ Measure: Part 1 Number of criminal justice or professional staff who will be trained Goal: 25 State Purpose Area: D - Personnel - Employ Personnel Activity Description Activity: Personnel Target Group: Personnel Geographic Area: Countywide Location Type: Countywide Address(es) : State Attorney's Office 88820 Overseas Highway Tavernier, FL 33070 Objectives and Measures Objective: 22oO.SI - Number of new FTEs funded with JAG funds Measure: Part 2 Number of new FTEs to be funded during the grant period Goal: 1.5 State Purpose Area: REC - Recovery Act Measures Activity Description Activity: Recovery Act Target Group: Recovery Act Geographic Area: Countywide Location Type: Countywide Address(es) : State Attorney's Office 88820 Overseas Highway Tavemier , FL 33070 Application Ref # 2010-ARRC-357 Section #3 Page 5 of 7 Contract -ARRC-MONR- _ _ Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I .......---....., ! --~-__......o....___.~.-..._______.~_ - ---' Objectives and Measures Objective: RC - Number of jobs created or saved (by type) due to Recovery Act funding Measure: Part 1 Number of jobs to be prevented from being eliminated with Recovery Act funding Goal: 0 Measure: Part 2 Number of jobs that were eliminated within the last 12 months that will be reinstated with Recovery Act funding Goal: 0 Measure: Part 3 Number of jobs to be created with Recovery Act funding Goal: 1.5 Application Ref # 2010-ARRC-357 Section #3 Page 6 of 7 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I .. .............------.... .......--....~. I I '-~--'-----,-,-, -~---'-_~_.__......i Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: Not applicable Question: If "other" was selected for location type, please describe. Answer: Not applicable Question: What is the physical address of your primary performance location? This is a physical location, not a mailing address. If your physical location is confidential, enter the address of the next highest level of your organization. Enter only one address. Answer: State Attorney's Office, 16th Judicial Ciruit 88820 Overseas Highway Tavernier, Florida 33040 Application Ref # 2010-ARRC-357 Section #3 Page 7 of 7 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I ,...=~~~ ..... -,.,. ,"- .-~'l ---'-.-_:-----~._--""--.......-----.-. --_....~.-..~~-_.._-,. General Financial Info: Note: All financial remittances will be sent to the Chief Financiai Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Monthly Is the subgrantee a state agency?: No FLAIR / Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $106,912.00 $0.00 $106,912.00 Contractual Services $0.00 $0.00 $0.00 Expenses $6,225.00 $0.00 $6,225.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 .. Totals -- $113,137.00 $0.00 $113,137.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2010-ARRC-357 Section #4 Page 1 of 4 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide 1.- ~......-_.....~....--..,.. I "--'-' Budget Narrative: Total budget $113,137 Salaries and Benefits: Mortgage Fraud Investigator 60,000 FICA 4,590 Health Insurance 1 0,032 Retirement 5,910 Subtotal Counselor 80,532 Mortgage Fraud Prevention Specialist (.50) 20,000 FICA 1,530 Health Insurance 2,880 Retirement 1,970 Subtotal Prevention Specialist 26,380 Total Salaries and Benefits $106,912 Expenses: Travel between base in Tavernier and other Monroe County locations in accordance with Fla. Statute 112.061 5000 miles @ $0.445/mile 2,225 Mortgage Fraud Prevention Brochures? 5,000 3,000 General office supplies 1,000 Total Expenses $ 6,225 TOTAL BUDGET: $113,137 a.Actual cost budget for Salaries and Benefits and expenses b.The Mortgage Fraud Prevention Unit will be a part of the Investigation Division of the State Attorney?s Office and will be under the direct supervision of Anthony Pizzo, Chief Investigator. The two employees will have offices within the State Attorney?s Office in Plantation Key, Monroe County, Florida. c.Salaries, benefits, and expenses only? line items described in the budget above. d.Hire one Mortgage Fraud Investigator to fully investigate and prepare cases for prosecution throughout Monroe County and assist other agencies in investigation and preparation of mortgage fraud cases. e. Hire a part time Crime Prevention Specialist to organize public meetings and seminars to educate as to various forms of mortgage fraud. This employee will prepare and distribute mortgage fraud educational brochures and solicit the cooperation of real estate, lending, and legal professionals to prevent and detect mortgage fraud. Application Ref # 2010-ARRC-357 Section #4 Page 2 of 4 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide Budget Narrative (Continued): Application Ref # 2010-ARRC-357 Section #4 Page 3 of 4 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I ~"-"-"'-'-""""""",,--"-"-~ .._y.................---.--~-~ I -_..~...__.... 1 Section Questions: Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: not applicable Question: If benefits are to be included, are they reflected in the budget narrative? Answer: Yes they are included, and are reflected in narrative. Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: not applicable Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: not applicable Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriff's office. Answer: not applicable Application Ref # 2010-ARRC-357 Section #4 Page 4 of 4 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide r--..._.._,._.,._...._--~"..:.,.-"--'--_.,..._..._..._....~.~,.~~~-~- I i Section 5: Standard Conditions L_____ __. . --,-,,--.~ -_._.~.~ .-~_._~~--~----.. Insert Standard Conditions Page here. Application Ref # 2010-ARRC-357 Section #5 Page 1 of 1 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I ....._..~....~...- ~--..,....-'~...- ! ...J In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement OffIce of Criminal Justice Grants Signature: Typed Name and Title: Date: Subgrant Recipient Authorizing OffIcial of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: Signature: Typed Name and Title: Date: Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing Agency: Signature: Typed Name and Title: Date: Application Ref # 2010-ARRC-357 Section #6 Page 1 of 1 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide r ._=...r___________,..__~... --~--~----. . .,.-.-'''--- _"_~_ ___I Insert Certifications and Authorizations here. Application Ref # 2010-ARRC-357 Section #7 Page 1 of 1 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement I Standard Conditions I Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: . Florida Administrative Code, Chapter 11 D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program" . Office of Management and Budget (OMB) Circular A-21 (2 CFR 220), "Cost Principles for Educational Institutions" . OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" . OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments" . OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" . OMB Circular A-122 (2 CFR 230), "Cost Principles for Non-Profit Organizations" . OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" . 28 CFR 38, "Equal Treatment for Faith-Based Organizations" . 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) . 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)" . 28 CFR 18, 22, 23, 30, 35,42,61, and 63 . Public Law 109-162, Title XI-Department of Justice Reauthorization, Subtitle B- Improving the Department of Justice's Grant Programs, Chapter 1-Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program . 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments," or OMB Circular A-21 , "Cost Principles for Educational Institutions." b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-11 0, or OMB Circular A-1 02, and Florida law to be eligible for reimbursement. SFY 2010 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 3. Reports a. Project Performance Reports (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within 15 days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON-line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (d) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. (2) The Financial Closeout Documentation shall be submitted to the Department within forty- five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY 2010 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMS Circulars A-21 , A-8?, and A-11 0, or A-1 02 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding shall be provided to a subgrant recipient upon a written request to the Department. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund mayor may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. Any unexpended interest remaining at the end of the subgrant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to S 112.061, Fla. Stat. SFY 2010 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or dispose of it pursuant to S 274, Fla. Stat. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMS Circular A-11 0 or A-1 02, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMS Circular A-11 0 or A-1 02, as applicable. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and SFY 2010 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact the Office of Criminal Justice Grants for award numbeij awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of S 11.45, Fla. Stat., "Definitions; duties; authorities; reports; rules."; S 215.97, Fla. Stat., "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, uLocal Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For-Profit Organizations." b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. SFY 2010 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY 2010 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in S 120, Fla. Stat., and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under S 120, Fla. Stat. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of S 119, Fla. Stat. , and SFY 2010 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of S 435, Fla. Stat. shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to S 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting SFY 2010 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1 ) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and su bmitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with S 397.334, Fla. Stat., UTreatment-Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 32. 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 the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily- imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. S 3789d); the Victims of Crime Act (42 U.S.C. S 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. S SFY 2010 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. S 2000d); the Rehabilitation Act of 1973 (29 U.S.C. S 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. S 12131-34); the Education Amendments of 1972 (20 U.S.C. SS1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. SS 6101-07); and Department of Justice Non-Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith- based and community organizations). b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at http://www.ojp.usdoj.gov/about/ocr/eeop_comply.htm, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. e. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. f. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 27 4A( e) of the I NA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses SFY 2010 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 OO-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine la boratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, uOMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; SFY 2010 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, uNew Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant certifies that: (1 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. SFY 2010 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 41. "Pay - to - Stay" Funds from this award may not be used to operate a Upay-to-stayU program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. UPay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated SFY 2010 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. S 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.Qov. 44. The Coastal Barrier Resources Act The subgrant recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of SFY 2010 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. S 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. S 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. S 4321). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit http://www. niem. QOV limplementationq uide. php. 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. SFY 2010 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 53. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C. F.R. Part 22 and, in particular, section 22.23. 54. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1 046. 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 56. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 57. Conflict of Interest The subgrant recipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 58. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. S 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs. 59. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 U.S.C. SS 1501-08 and SS 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 60. Equal Treatment for Faith Based Organizations The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the SFY 2010 Page 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equaUbo.htm. 61. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee. SFY 2010 Page 17 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recoverv and Reinvestment Act of 2009 I Special Recovery Act Conditions I 1. Recovery Act a. All subgrant recipients must comply with Public Law 111-5, the American Recovery and Reinvestment Act of 2009 (This law is a federal public law). b. The subgrant recipient understands and agrees that all other terms and conditions contained in this award, or in applicable FDLE or Office of Justice Programs grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111-5 ("ARRA" or "Recovery Act") requirements. Subgrant recipients are responsible for contacting their grant managers for any needed clarifications. c. The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future FDLE or Office of Justice Programs (including government-wide) guidance and clarifications of Recovery Act requirements. 2. Access to Records; Interviews The subgrant recipient understands and agrees that FDLE, the Department of Justice (including the Office of Justice Programs and the Office of the Inspector General)), and its representatives, and the Government Accountability Office, shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award, including such records of any subgrant recipient, contractor, or subcontractor. See items 23 and 24 of the Standard Conditions. The recipient also understands and agrees that FDLE, the Department of Justice, and the Government Accountability Office are authorized to interview any officer or employee of the subgrant recipient, contractor, or subcontractor regarding transactions related to this Recovery Act award. 3. One-time funding -"" The subgrant recipient understands and agrees that awards under the Recovery Act will be one- time awards and accordingly that its proposed project activities and deliverables are to be accomplished without additional Department of Justice funding. 4. Separate Tracking and Reporting of Recovery Act Funds and Outcomes The subgrant recipient agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including Department of Justice award funds from non-Recovery Act awards awarded for the same or similar purposes or programs. (Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds rrlust be separate.) Accordingly, the accounting systems of the subgrant recipient must ensure that funds from this Recovery Act award are not commingled with funds from any other source. The subgrant recipient further agrees that all personnel whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non-award related activities. SFY 2010 Page 1 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 5. Central Contractor Registration and DUNS Number The subgrant recipient must maintain a current registration in the Central Contractor Registration (www.ccr.gov) at all times during which it has any active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. 6. Additional Audit Requirements - Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards a. The subgrant recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations" and OMB A-102 Common Rules provisions (relating to Grants and Cooperative Agreements with State and Local Governments). b. The subgrant recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A-133. This condition only applies if the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" cover the subgrant recipient. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SFSAC. 7. Reporting (Section 1512) a. In addition to the reporting requirements in item 3 of the Standard Conditions, subgrant recipients must provide any information necessary to comply with section 1512 of the Recovery Act, which requires detailed reporting by FDLE not later than ten calendar days after the end of each calendar quarter. Receipt of funds will be contingent upon timely reporting. b. The subgrant recipient must complete projects or activities which are funded under the Recovery Act and report on use of Recovery Act funds provided through this subgrant. Information from these reports will be made available to the public. 8. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Department of Justice, Office of the Inspector General any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for Recovery Act funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Recovery Act funds. Potential fraud, waste, abuse, or misconduct should be reported to the Office of the Inspector General by _ mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 SFY 2010 Page 2 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 e-mail: oig. hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the Department of Justice Office of the Inspector General website at www.usdoj.gov/oig. 9. Protecting State and Local Government and Contractor Whistleblowers (Section 1553) The subgrant recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non-Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of Recovery Act is available at www.ojp.usdoj.gov/recovery. 10. Limit on Funds (Section 1604) None of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 11. Infrastructure Investment (Sections 1511 and 1602) The subgrant recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure investment absent submission of a satisfactory certification under section 1511 of the Recovery Act. Should the subgrant recipient decide to use funds for infrastructure investment subsequent to award, the subgrant recipient must submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from the Office of Justice Programs. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections1511 and 1602) is available at www.ojp.usdoj.gov/recovery. 12. Buy American (Section 1605) a. The subgrant recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act ("Buy American"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification to the Office of Justice Programs program office for approval. All projects must comply with government-wide standard conditions (anticipated to be published in subpart B of 2 C.F.R. part 176) that further implement the specific requirements or exceptions of section 1605. b. Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States, subject to certain exceptions, including United States obligations under international agreements. SFY 2010 Page 3 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 13. Wage Rate Requirements (Section 1606) Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. The standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 14. NEPA and Related Laws The subgrant recipient understands that all Office of Justice Programs awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The subgrant recipient agrees to assist the Office of Justice Programs in carrying out its responsibilities under NEPA and related laws, if the subgrant recipient plans to use Recovery Act funds to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App. D.) The subgrant recipient also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. See item 36 of the Standard Conditions. 15. Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. SFY 2010 Page 4 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. (b) Have not within a three-year period preceding this application 1. LOBBYING been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 obtaining, attempting to obtain, or perfonning a public (Federal, State, CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $100,000, as defined at 28 CFR Part 69, the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements, or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee (c) Are not presently indicted for or otherwise criminally or civilly of Congress, or an employee of a Member of Congress in connection with the charged by a governmental entity (Federal, State, or local) with making of any federal grant, the entering into of any cooperative agreement, and commission of any of the offenses enumerated in paragraph (1) (b) of the extension, continuation, renewal, amendment, or modification of any federal this certification; and grant or cooperative agreement; (d) Have not within a three-year period preceding this application (b) If any funds other than federal appropriated funds have been paid or will be had one or more public transactions (Federal, State, or local) paid to any person influencing or attempting to influence an officer or employee of terminated for cause or default; and any agency, a member of Congress, an officer or an employee of Congress, or an employee of a member of Congress in connection with this federal grant or B. Where the applicant is unable to certify to any of the statements in cooperative agreement, the undersigned shall complete and submit Standard this certification, he or she shall attach an explanation to this Fonn - LLL, 'Disclosure of Lobbying Activities", in accordance with its instructions; application. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including sUbgrants, 3. DRUG-FREE WORKPLACE contracts under grants and cooperative agreements, and subcontracts) and that all (GRANTEES OTHER THAN INDIVIDUALS) subrecipients shall certify and disclose accordingly. As required by the Drug-Free Workplace Act of 1988, and 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620- RESPONSIBILITY MATTERS (DIRECT RECIPIENT) A. The applicant certifies that it will or will continue to provide a drug- free workplace by: As required by Executive Order 12549, Debannent and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered (a) Publishing a statement notifying employees that the unlawful transactions, as defined at 28 CFR Part 67, Section 67.510- manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and A. The applicant certifies that it and its principals: specifying the actions that will be taken against employees for violation of such prohibition; (a) Are not presently debarred, suspended, proposed for debannent, declared ineligible, sentenced to a denial of federal benefits by a State or Federal court, or (b) Establishing an on-going drug-free awareness program to inform voluntarily excluded from covered transactions by any federal department or employees about- agency; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification Application Package Page 1 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recovery Act Edward Byrne Memorial Justice Assistance Grant Program (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a Check here _ If there are workplaces on file that are not identified criminal drug statute occurring in the workplace no later than five calendar days here. after the conviction; Section 67.630 of the regulations provides that a grantee that is a (e) Notifying the agency, in writing, within 10 calendar days after receiving notice State may elect to make one certification in each Federal fiscal year. under subparagraph (d) (2) from an employee or otherwise receiving actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. States and State agencies may elect including poSition title, to: Department of Justice, Office of Justice Programs, to use OJP Form 406117. ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice Check here _ If the State has elected to complete OJP Form shall include the identification number(s) of each affected grant; 406117. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and DRUG-FREE WORKPLACE including termination, consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 1973, as amended; or As required by the Drug-Free Workplace Act of 1988, and (2) Requiring such employee to participate satisfactorily in a drug abuse implemented at 28 CFR Part 67, Subpart F, for grantees, as defined assistance or rehabilitation program approved for such purposes by a Federal, at 28 CFR Part 67; Sections 67.615 and 67.620- State, or local health, law enforcement, or other appropriate agency; A. As a condition of the grant, I certify that I will not engage in the (g) Making a good faith effort to continue to maintain a drug-free workplace unlawful manufacture, distribution, dispensing, possession, or use of through implementation of paragraphs (a), (b), (c), (d), (e), and (t). a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Place of Performance (Street address, city, county, state, zip code) Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Monroe County 2. Project Name: Mortaaae Fraud Prevention and Protection Proaram 3. Typed Name and Title of Authorized Representative: Roman Gastesi. Jr.. Countv Administrator 4. Signature: 5. Date: FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification Application Package Page 2 CERTIFICATION FORM Recipient Name and Address: Monroe County Board of County Commissioners Grant Title: Mortgage Fraud Protection/Prevention Grant Number: 201 0-ARRC-357 A ward Amount: $113,137 Contact Person Name and Title: Lisa Tennyson, Grants Administrator Phone Number: (305) 292-4444 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R ~~ 42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307-2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that apply. 0 Recipient has less than 50 em ployees, 0 Recipient is an Indian tribe, 0 Recipient is a non-profit organization, 0 Recipient is an educational institution, or 0 Recipient is a medical institution, 0 Recipient is receiving an award less than $25,000 I, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R S42.302. I further certify that [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or sub award for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. ~ 42.305): I, Roman Gastesi, Jr., County Administrator [responsible official], certify that the Monroe County Board of County Commissioners [recipient],which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR S42.301, et seq., subpart E. I further certify that the EEOP has been fonnulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of: Calvin Allen, EEO Officer, Monroe County BOCC [organization], at 1100 Simonton Street, Key West, Florida 33040 [address],for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations. Roman Gastesi, Jr., County Administrator ---- Print or type Name and Title Signature Date OMB Approval No. 1121-0140 Expiration Date OJ /31/06 CERTIFICATION AS TO FEDERAL GROSS REVENUES RECEIVED Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 Certification as to Federal Gross Revenues Received The chief financial officer for the subgrantee makes the following certifications: . The subgrantee in its preceding fiscal year did NOT receive 80 percent or more of its annual gross revenues in Federal awards. AND/OR . The subgrantee in its preceding fiscal year did NOT receive $25,000,000 or more in annual gross revenues from Federal awards. Signature of Subgrantee Chief Financial Officer Date Danny Kolhaqe Typed Name of Subgrantee Chief Financial Officer Clerk of the Court Title of Subgrantee Chief Financial Officer Monroe County Name of Subgrantee Note: If the subgrantee in its preceding fiscal year BOTH received 80 percent or more of its annual gross revenues in Federal awards AND received $25,000,000 or more in annual gross revenues from Federal awards, then it must provide FDLE with the names and total compensation of the five most highly compensated officers of the subgrantee. FDLE JAG Recovery Act Grant Application Package Certification as to Federal Gross Revenues Received Page 1 (Rev. April 2009) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide j , --">-",',- '~/', ,', ---l ';>\i: ';,';,",'.-/ ",,':;',_ .,,'~, Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: George Neugent Title: Mayor Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6039 Ext: Fax: 305-872-9195 Email: boccdis1@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Email: dkolhage@monroe-c1erk.com Application Ref # 2010-ARRC-350 Section #1 Page 1 of 2 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide r'" ~.,'" .. --~=',-,=----"~. '..-" .."1 - I Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: George Neugent Title: Mayor Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6039 Ext: Fax: 305-872-9195 Email: boccdis1@monroecounty-fl.gov Project Director Name: Lisa Tennyson Title: Grants Administrator Address: 1100 Simonton Street Room 2-213 City: Key West State: FL Zip: 33040 Phone: 305-292-4444 Ext: Fax: Email: T ennyson-Lisa@monroecounty-fl.gov Application Ref # 2010-ARRC-350 Section #1 Page 2 of 2 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I'~"-~"~' "--'~-"-~'--'----""--~--~-"-'~-""~--~~-, =.J --- General Project Information Project Title: OFFENDER RE-ENTRY EMPLOYMENT READINESS PROGRAM Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2009 End Date: 9/30/2010 Problem Identification Problem Identification: Each year nearly 700,000 ex-offenders are released into communities throughout the United States. Disproportionately poor and angry, lacking basic workplace skills, convicted of drug offenses, and job search neophytes, their number one challenge for staying out for good is finding a steady and decent job. Unfortunately, most don't make it for long - nearly 70% return to prison within three years. Over the past several decades, there have been many programs to reduce the continuing high level of ex-offender unemployment. These policies were often part of broader federal efforts to improve the labor market position of the disadvantaged. However, these traditional labor market policies have had disappointing outcomes, leading to dissatisfaction and skepticism about programs to alleviate ex-offender unemployment. Employment fills a vital need for most individuals; it provides income, social connection, and feelings of societal contribution and self worth. For ex-offenders returning to the community after a period of incarceration, employment can make the difference between succeeding and returning to prison. Yet ex-offenders face significant barriers to employment after release from prison. Barriers include employer attitudes toward individuals with criminal records, legal barriers, educational and financial obstacles, substance abuse and health issues, and lack of stable housing. While employment is critical to ex-offenders? successful reintegration, prospective employers have their own set of interests when considering whether to hire an ex-offender. As research by Harry Holzer has shown, employers are more reluctant to hire ex-offenders than any other disadvantaged group. Employers are concerned that ex-offenders lack skills and work history and may not be trustworthy. They fear liability for negligent hiring. Employers' willingness to hire ex-offenders is also influenced by the type of industry and position, the type and severity of crime committed by the job applicant, and work experience since release from prison. In many states, the easy availability of criminal history data may also present a barrier to employment. When compared to national statistics, Monroe County, and in particular, Monroe County Offenders, experience a higher rate of unemployment than most other locations in the country. In recent studies conducted in 2008, the following social and economic characteristics were identified for Monroe County: Population 4,737; approximately 26,000 in Key West. Social and Economic characteristics include: Unemployment 6.2%, an increase of 3.2% since 2006; Uninsured 20%; Below Poverty Level 10.6%. Demographics include: Male 53.2%; Female 46.8%; African American 4.8%; White 90.7%; Other 4.5%; Hispanic 15.8%. Application Ref # 2010-ARRC-350 Section #2 Page 1 of 6 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide [ -~"~-~-'~--'-~-"'-"-~-'-.---~""'---~'-"---I ~ ,-- ',~, .'-'-\'-- " i The Keys are considered an area of critical need, due to the high percentage of persons with substance abuse and mental health disorders; lack of affordable housing, high unemployment; high cost of living; high level of poverty; shortage of substance abuse and mental health programs; and lack of funding. South Florida, in which the Keys are located, is a mecca for illicit drug use, and has a much higher than national drug abuse prevalence. South Florida is a designated high-density drug trafficking area and a leading cocaine importation center. Statistics from the Monroe County Sheriffs office indicate that for the calendar year of 2007 there were 2,080 drug and alcohol related arrests in the Keys. The Monroe County Detention center has reported that 80% of those have substance abuse problems. There is one key issue that defines the problem and need in our community. There are not enough substance abuse treatment services in Monroe County to handle the demand. The Jail In- House Program (JIP) at the County Jail is one of only two substance abuse treatment programs in the Keys. The other program, Keys To Recovery has only 12 treatment beds. The JIP provides comprehensive substance abuse treatment to male and female inmates. The recidivism rate for the general population at the Monroe County Jail is approximately 70% re-incarceration within a year. The recidivism rate for the JIP is 27%. The program is valued highly by the local Drug Court Judges and the Sheriffs Department. This program provides services in a critical area and has proven to be effective. In identifying the gaps in service within the JIP, as well as the areas most vital to successful reentry into the community, the JIP has identified the need for employment readiness/ skill development services for the inmates. A study of the employment status of inmates at the Monroe County Jail during the FY of July 1, 2007 through June 30, 2008 identified the following: Numbers of Inmates Unemployed: Male: White Black Hispanic Other Total 18-35 916 317 102 7 1,342 36-65 1 ,441 159 57 8 1,845 66+ 28 4 3 0 35 Tot: 2,565 480 162 15 3,222 Female: White Black Hispanic Other Total 18-35 278 99 26 6 409 36-65 416 53 30 12511 66+ 3 0 o 0 3 Tot: 697 152 56 18923 Total Unemployed: 3,262 632 218 334,145 Total unemployed males = 3,222 or 64% of male inmate population. Total unemployed females = 923 or 70% of female inmate population. Finding and maintaining a job is a critical dimension of successful reentry. Research has Application Ref # 2010-ARRC-350 Section #2 Page 2 of 6 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide [~c-"._.".~-~- . ....."----~...,.-=-----------.-......._.... .....,-~~--"-~_..~--_. .,.....-"~ L J shown that employment is associated with lower rates of reoffending, and higher wages are associated with lower rates of criminal activity (Bernstein and Houston, 2000; Western and Petit, 2000). However, formerly incarcerated people face tremendous challenges finding and maintaining legitimate job opportunities because of low levels of education, limited work experience and vocationals skills, poor attitudes, and a general reluctance of employers to hire people with convictions (Holzer, Raphael, and Stoll, 2004). These challenges are further compounded by the arrest and incarceration period, during which individuals sever professional connections and social contacts that could lead to legal employment upon release (Western, King, and Weiman, 2001). One effort to address the offender unemployment problem is the Work Release program, which has demonstrated success with the JIP inmates. In conjunction with the Sheriffs Department the JIP has 20% of the program's population working in the community. After two months in the program JIP inmates are able to apply for work release. Once they are cleared by the Sheriffs Department they are able to work on the days they are not in group. This allows them to have money to get started with upon release, and the opportunity to keep the jobs once released. Although this assists a number of inmates, there remains a substantial number of inmates in the program who lack the confidence, skills or abilities to participate in the Work Release program. Based upon the significant number of unemployed inmates, and particularly those currently involved in the JIP, an Employment Readiness Counselor is being requested through this grant. Project Summary This project will add a vital new program component, Employment Readiness to our current Jail Incarceration Program (JIP.) JIP is a comprehensive in-house substance abuse treatment program for offenders, housed in the Monroe County Detention Center. It began in 1997 and has served approximately 1,000 inmates with an overall recidivism rate of thirty percent compared to a seventy percent recidivism rate for the general population. The last Department of Children and Families Substance Abuse Treatment Licensing Audit reported the JIP program to receive the highest compliance score possible, receiving a rating of Excellent. This year the program will serve approximately 120 inmates. The majority of clients are court ordered by the Drug Court Judges in Monroe County. The program has established a positive reputation, working closely with the Judges, Prosecutors and Lawyers to offer treatment to those who find themselves in the criminal justice system due to their addiction. The treatment program currently includes: --MRT Moral Reconation Therapy, evidence based systematic step-by-step treatment strategy designed to enhance self-image and promote positive productive identity. --Communication skills, based on a program developed for prison populations called Touchstones Discussion Project. Inmates discuss relevant topics that have pros and cons. Application Ref # 2010-ARRC-350 Section #2 Page 3 of 6 Contract -ARRC-MONR- -- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide --Art and Music Therapy Inmates use creative sources of visual art and music to enhance cognitive functioning. --Step Group The core ideas of the first three steps of AA and NA --Relationship Group skills The program is from Hazelden Publishing created for inmates that concentrate on understanding skills to maintain healthy relationships. --Drug Education Inmates learn and explore chemical dependency how it impacts their lives and the biopsychosocial nature of the disease. --Criminal and Addictive Thinking This is a cognitive behavioral class which assists inmates to identify criminal and addictive thinking that keep them in behavior patterns that return them to jail. --Relapse Prevention Presents identifying triggers, cravings, and high-risk situations that can lead to relapse. --Rational Emotive Therapy Developed by Albert Ellis they learn the ABC method, A being the event, B being our beliefs about the event, and C which leads to our reaction to the event. --Parenting An optional class that is recognized by the DCF for those who have case plans. --Understanding Grief An optional class on understanding how unresolved grief can manifest itself in long-term depression, addiction, PTSD and ambivalence. --Anger Management An Optional class about the responsibility of choices when angry. --Individual Counseling At intake all inmates are assigned an Primary Counselor. This counselor follows the inmate through the program. Counselors are responsible for progress notes and summaries for the courts. Inmate?s individual needs are assessed and monthly treatment plans are created to accommodate them. The primary counselor makes referrals to medical, psychiatric services, GED class, and literacy. They are a liaison for release plans including supportive housing, clothing vouchers, food vouchers, bus tickets to return to their home towns, referrals to mental health agencies for aftercare services, and connections to NA and AA meetings. Treatment is a minimum of six months with the possibility of lasting one year. Aftercare is six months and is provided by the Care Center for Mental Health in Key West and the Upper Keys and The Guidance Clinic of the Middle Keys in Marathon. Arrangements are made when clients are returning to their hometowns with agencies that provide aftercare. The JIP Program Objectives include: --The number of inmates served in the program: 120 The number expected to complete the program is 100 --70% of the inmates served will complete an aftercare program --97% of the inmates served in the program will remain drug free while participating --70% of the inmates in the aftercare program will not test positive for drugs/alcohol --75% of the inmates will not violate probation during aftercare --70% of the inmates served will not return to jail during the first year after release. This Justice Assistance Grant, will enable us to add a vital Employment Readiness Skill Development Services Component to this program. We proposed to be able to serve 120 inmates per year with employment readiness and training. The specific services include, but are not limited to the following: --Referral and implementation of vocational assessments --Implementation of employment readiness scales --Instruction in resume writing --Provision of training on completing job applications --Provision of employment training relating to appearance and body language Application Ref # 2010-ARRC-350 Section #2 Page 4 of 6 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide --Provision of employment training relating to job interviewing --Coordination of Inmate to Inmate instruction (reading and language skills) The rationale for the specific services chosen for this Project is based upon interviews with current inmates, as well as discussions with representatives from community providers such as the South Florida Workforce, and the Florida Keys Community College. Inmates face particular challenges when seeking employment that individuals who have not been incarcerated do not experience. Therefore, it is important that we do what we can to foster the employability of inmates when they leave our jail. In addition to the direct services included in the objectives and activities in the following section, this Project plans to work with the South Florid Workforce One Stop Career Center which is available to provide employment training, job placement, job searches, welfare transition and welfare to work assistance, career counseling and social service referrals for inmates upon their release. One of the specific tools planned for use in this Project is an employment screen originally developed by the New Mexico Corrections Department and later modified by the Maryland Correctional Education Program. This assessment tool poses a series of 49 questions intended to identify potential challenges the job seeker may face. This tool is useful because it groups issues by the following six categories: education/training, persona/health, offender, attitude, support, and job search. The screen can be modified or reframed, in a way that will focus on inmates? employment assets and qualifications, and not solely on their deficits. Finally, the Project intends to develop a pocket guide that inmates can sue when going out to apply for jobs. The guide will summarize information often asked on job applications or in job interviews, including education and employment history and reference information. It would also include a section on criminal history so that when the job seeker answers questions on the employment application about his or her criminal record, he or she will know what to include. Employers want honest, job-ready, and accountable employees; one of the easiest ways for them to assess these qualities in ob applicants is how they answer the question about their criminal histories. If awarded the funding, the program will advertise, recruit, and hire the employee so that training and service delivery may start immediately on October 1, 2009. If funding becomes available prior to October 1, 2009, the JIP would be able to initiate services within 30 days of the Award. Application Ref # 2010-ARRC-350 Section #2 Page 5 of 6 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I ..",",..-~ ~.-.. . -".-. ..-..... -,... I Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Application Ref # 2010-ARRC-350 Section #2 Page 6 of 6 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide ! "',:;'.: ;::~">:"'f:',/~""<:\:'::;>' .~-~--~~-=--_. .J ~ -," -:^,. , " ",',. <'. '-J';';..icc'.,' /';:>'>>F;<;":}:;~";/:"'" ,~.~.<+ .~;" General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 005 - Drug Treatment Programs State Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State Initiatives Activity Description Activity: Employment Preparation Target Group: Drug Offenders Geographic Area: Countywide Location Type: County Jail Address(es) : Monroe County Detention Center 5501 College Road Key West, FL 33040 Objectives and Measures Objective: 02.A.SI - Number of local initiatives planned Measure: Part 1 Number of local initiatives planned Goal: 1 Measure: Part 2 Number of local initiatives to be implemented Goal: 1 Objective: 03.A.DS* - Number of individuals receiving services Measure: Part 1 Number of individuals to receive services during the grant period Goal: 120 Measure: Part 2 Number of individuals to receive services during each reporting period Goal: 30 Application Ref # 2010-ARRC-350 Section #3 Page 1 of 4 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev_ April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I .- -'=-~'.-=---...-.--_,-~-,,,,,,,,, ~~~'>----J I Objective: 06.A.BT* - Number of program participants who completed (intended) programming Measure: Part 1 Number of program participants to complete programming during the grant period Goal: 100 Measure: Part 2 Number of program participants who will exit programming during the grant period (complete or not complete) Goal: 120 Objective: 08.A.BT* - Number of program participants who exhibit a desired change in a targeted behavior Measure: Part 1 Number of program participants during the grant period Goal: 120 Measure: Part 2 Number of program participants who will exhibit a desired change in a targeted behavior Goal: 84 State Purpose Area: D - Personnel - Employ Personnel Activity Description Activity: Personnel Target Group: Personnel Geographic Area: Countywide Location Type: County Jail Address(es) : Monroe County Detention Center 5501 College Road Key West, FL 33040 Objectives and Measures Application Ref # 2010-ARRC-350 Section #3 Page 2 of 4 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I.............................---'~_...-~--- --..... --.-~~_..-.~-~-.--1 I ~ Objective: 22D.SI - Number of new FTEs funded with JAG funds Measure: Part 2 Number of new FTEs to be funded during the grant period Goal: 1 State Purpose Area: REC - Recovery Act Measures Activity Description Activity: Recovery Act Target Group: Recovery Act Geographic Area: Countywide Location Type: County Jail Objectives and Measures Objective: RC - Number of jobs created or saved (by type) due to Recovery Act funding Measure: Part 1 Number of jobs to be prevented from being eliminated with Recovery Act funding Goal: 0 Measure: Part 2 Number of jobs that were eliminated within the last 12 months that will be reinstated with Recovery Act funding Goal: 0 Measure: Part 3 Number of jobs to be created with Recovery Act funding Goal: 1 Application Ref # 2010-ARRC-350 Section #3 Page 3 of 4 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide ,-- ,......_--------.-"..-==,~.....,... .. ~~-~.~.~._'-~...-~~-l Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: Not applicable. Question: If "other" was selected for location type, please describe. Answer: Not applicable. Question: What is the physical address of your primary performance location? This is a physical location, not a mailing address. If your physical location is confidential, enter the address of the next highest level of your organization. Enter only one address. Answer: Monroe County Detention Center 5501 College Road Key West, Florida 33040 Application Ref # 2010-ARRC-350 Section #3 Page 4 of 4 Contract -ARRC-MONR- - - Rule Reference 110.9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide r--~~-~.-~.m ._~--~-~.._~- "'-~'~'~."~"~--~'---.-'--1 .---J General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Monthly Is the subgrantee a state agency?: No FLAIR I Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $44,900.00 $0.00 $44,900.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals .. $44,900.00 $0.00 $44,900.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2010-ARRC-350 Section #4 Page 1 of 4 Contract -ARRC-MONR- -- Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide ~.. y,_u "=-----,.,---y- J :;{ ,..".~..~.;f. ;,;><>>>',:';?i~"i Budget Narrative: Total budget $44,900 Salaries and Benefits: Employment Readiness Counselor 35,000 Fringe Benefits @24% 8,400 Total Salaries and Benefits: 43,400 Expenses: Operating supplies, such as workbooks and videos 1,000 Office supplies 500 Total Expenses 1,500 Budget Detail Narrative? JAG Program A. Personnel: Total Personnel Cost is $35,000. Employment Readiness Counselor 100% $35,000. Note: Cost of Living: The salaries/wages established for these positions take into account the remoteness and extreme high cost of living in the Florida Keys. The Price Level Index is 109.63, while the Florida State Average is 100, making it the most expensive place in the State of Florida to live and work. In addition, Monroe County ranks first among the State?s counties in the cost of housing and health care, and third in the cost of food and beverages. B. Fringe Benefits Total Fringe Benefits Cost is: $8,400. These are standard fringe benefits for Project personnel. Fringe Benefits include: FICA; Retirement; Life Insurance; Health Insurance; Worker?s Compensation; Professional Liability. C. Travel: $ -0- D. Equipment: $ -0- E. Supplies Total Supplies Cost is: $1,500. Operating Supplies (program materials, copying? printing) = $1,000 Office Supplies (paper, notepads, stapler, hole punch, tape, tape dispenser, pens, pencils, etc) = $500. Application Ref # 2010-ARRC-350 Section #4 Page 2 of 4 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide Budget Narrative (Continued): F. Construction: $ -0- G. Consultant / Contractual: $ -0- H. Other: $ -0- Total Direct Costs: $ 44,900 Indirect Costs: $ -0- * *Indirect Costs include rent, utilities, Administration, HR, Finance, MIS are being provided by the Care Center for Mental Health, and the Monroe County Sheriff?s Office. Total Project Amount $44,900. JAG Program Request $44,900. Application Ref # 2010-ARRC-350 Section #4 Page 3 of 4 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide 1'-"- "'~'--""~~~-'---~-~"'-'-~-~-~-~'-""---~-~--~l Section Questions: Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: Yes, one additional staff person will be hired. Question: If benefits are to be included, are they reflected in the budget narrative? Answer: Yes they are included in budget and reflected in narrative. Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: Not applicable. Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: Not applicable. Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: Not applicable. Application Ref # 2010-ARRC-350 Section #4 Page 4 of 4 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide ,- "r"" -' ."-1 Section 5: Standard Conditions ------' Insert Standard Conditions Page here. Application Ref # 2010-ARRC-350 Section #5 Page 1 of 1 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I ~_.. I In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Offtce of Criminal Justice Grants Signature: Typed Name and Title: Date: Subgrant Recipient AuthoriZIng OffIcial of Governmental Unft (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: Signature: Typed Name and Title: Date: Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing Agency: Signature: Typed Name and Title: Date: Application Ref # 2010-ARRC-350 Section #6 Page 1 of 1 Contract -ARRC-MONR- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I~~-~~- ""'~-"""'-~~'-~",-,,,"-=--=-----=--.~...~-..,,--~----~ ."~-~~~-~-~-"'--'--' ......] Insert Certifications and Authorizations here. Application Ref # 2010-ARRC-350 Section #7 Page 1 of 1 Contract -ARRC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement I Standard Conditions I Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: . Florida Administrative Code, Chapter 11 D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program" . Office of Management and Budget (OMB) Circular A-21 (2 CFR 220), "Cost Principles for Educational Institutions" . OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" . OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments" . OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" . OMB Circular A-122 (2 CFR 230), "Cost Principles for Non-Profit Organizations" . OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" . 28 CFR 38, "Equal Treatment for Faith-Based Organizations" . 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) . 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)" . 28 CFR 18, 22, 23, 30, 35,42,61, and 63 . Public Law 109-162, Title XI-Department of Justice Reauthorization, Subtitle B- Improving the Department of Justice's Grant Programs, Chapter 1-Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program . 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions." b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement. SFY 2010 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 3. Reports a. Project Performance Reports (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within 15 days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON-line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (d) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. (2) The Financial Closeout Documentation shall be submitted to the Department within forty- five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY 2010 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and A-11 0, or A-1 02 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding shall be provided to a subgrant recipient upon a written request to the Department. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund mayor may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. Any unexpended interest remaining at the end of the subgrant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to ~ 112.061, Fla. Stat. SFY 2010 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or dispose of it pursuant to ~ 274, Fla. Stat. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-11 0 or A-1 02, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OM B Circular A-11 0 or A-1 02, as applicable. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and SFY 2010 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of S 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; S 215.97, Fla. Stat. , "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For-Profit Organizations." b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. SFY 2010 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY 2010 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in S 120, Fla. Stat., and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under S 120, Fla. Stat. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of S 119, Fla. Stat. , and SFY 2010 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of S 435, Fla. Stat. shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to S 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting SFY 2010 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1 ) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with S 397.334, Fla. Stat., "Treatment-Based Drug Court Programs. " 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 32. 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 the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily- imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. S 3789d); the Victims of Crime Act (42 U.S.C. S 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. S SFY 2010 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. S 2000d); the Rehabilitation Act of 1973 (29 U.S.C. S 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. S 12131-34); the Education Amendments of 1972 (20 U.S.C. SS1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. SS 6101-07); and Department of Justice Non-Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith- based and community organizations). b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at http://www.ojp.usdoj.gov/aboutlocr/eeoP30mply.htm, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. e. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. f. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INN). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 27 4A( e) of the I NA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses SFY 2010 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1 ) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 OO-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; SFY 2010 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of th is certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. SFY 2010 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 41. "Pay - to - Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated SFY 2010 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. S 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.Qov. 44. The Coastal Barrier Resources Act The subgrant recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of SFY 2010 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. ~ 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. ~ 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. ~ 4321). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit http://www.niem. QOV /implementationQ uide. php. 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. SFY 2010 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 53. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 54. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1 046. 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 56. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 57. Conflict of Interest The subgrant recipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 58. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient will comply with the requirements of the Un iform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. S 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs. 59. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 U.S.C. SS 1501-08 and SS 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 60. Equal Treatment for Faith Based Organizations The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the SFY 2010 Page 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/aboutlocr/equaUbo.htm. 61. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee. SFY 2010 Page 17 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 I Special Recovery Act Conditions I 1. Recovery Act a. All subgrant recipients must comply with Public Law 111-5, the American Recovery and Reinvestment Act of 2009 (This law is a federal public law). b. The subgrant recipient understands and agrees that all other terms and conditions contained in this award, or in applicable FDLE or Office of Justice Programs grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111-5 ("ARRA" or "Recovery Act") requirements. Subgrant recipients are responsible for contacting their grant managers for any needed clarifications. c. The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future FDLE or Office of Justice Programs (including government-wide) guidance and clarifications of Recovery Act requirements. 2. Access to Records; Interviews The subgrant recipient understands and agrees that FDLE, the Department of Justice (including the Office of Justice Programs and the Office of the Inspector General)), and its representatives, and the Government Accountability Office, shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award, including such records of any subgrant recipient, contractor, or subcontractor. See items 23 and 24 of the Standard Conditions. The recipient also understands and agrees that FDLE, the Department of Justice, and the Government Accountability Office are authorized to interview any officer or employee of the subgrant recipient, contractor, or subcontractor regarding transactions related to this Recovery Act award. 3. One-time funding The subgrant recipient understands and agrees that awards under the Recovery Act will be one- time awards and accordingly that its proposed project activities and deliverables are to be accomplished without additional Department of Justice funding. 4. Separate Tracking and Reporting of Recovery Act Funds and Outcomes The subgrant recipient agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including Department of Justice award funds from non-Recovery Act awards awarded for the same or similar purposes or programs. (Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate.) Accordingly, the accounting systems of the subgrant recipient must ensure that funds from this Recovery Act award are not commingled with funds from any other source. The subgrant recipient further agrees that all personnel whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non-award related activities. SFY 2010 Page 1 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 5. Central Contractor Registration and DUNS Number The subgrant recipient must maintain a current registration in the Central Contractor Registration (www.ccr.gov) at all times during which it has any active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. 6. Additional Audit Requirements - Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards a. The subgrant recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations" and OMB A-102 Common Rules provisions (relating to Grants and Cooperative Agreements with State and Local Governments). b. The subgrant recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A-133. This condition only applies if the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" cover the subgrant recipient. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SFSAC. 7. Reporting (Section 1512) a. In addition to the reporting requirements in item 3 of the Standard Conditions, subgrant recipients must provide any information necessary to comply with section 1512 of the Recovery Act, which requires detailed reporting by FDLE not later than ten calendar days after the end of each calendar quarter. Receipt of funds will be contingent upon timely reporting. b. The subgrant recipient must complete projects or activities which are funded under the Recovery Act and report on use of Recovery Act funds provided through this subgrant. Information from these reports will be made available to the public. 8. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Department of Justice, Office of the Inspector General any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for Recovery Act funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving Recovery Act funds. Potential fraud, waste, abuse, or misconduct should be reported to the Office of the Inspector General by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 SFY 2010 Page 2 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the Department of Justice Office of the Inspector General website at www.usdoj.gov/oig. 9. Protecting State and Local Government and Contractor Whistleblowers (Section 1553) The subgrant recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non-Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of Recovery Act is available at www.ojp.usdoj.gov/recovery. 10. Limit on Funds (Section 1604) None of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 11. Infrastructure Investment (Sections 1511 and 1602) The subgrant recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure investment absent submission of a satisfactory certification under section 1511 of the Recovery Act. Should the subgrant recipient decide to use funds for infrastructure investment subsequent to award, the subgrant recipient must submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from the Office of Justice Programs. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections1511 and 1602) is available at www.ojp.usdoj.gov/recovery. 12. Buy American (Section 1605) a. The subgrant recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act ("Buy American"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification to the Office of Justice Programs program office for approval. All projects must comply with government-wide standard conditions (anticipated to be published in subpart B of 2 C.F.R. part 176) that further implement the specific requ irements or exceptions of section 1605. b. Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States, subject to certain exceptions, including United States obligations under international agreements. SFY 2010 Page 3 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 13. Wage Rate Requirements (Section 1606) Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. The standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 14. NEPA and Related Laws The subgrant recipient understands that all Office of Justice Programs awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The subgrant recipient agrees to assist the Office of Justice Programs in carrying out its responsibilities under NEPA and related laws, if the subgrant recipient plans to use Recovery Act funds to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F. R. Part 61, App. D.) The subgrant recipient also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. See item 36 of the Standard Conditions. 15. Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. SFY 2010 Page 4 CERTIFICATION FORM Recipient Name and Address: Monroe County Board of County Commissioners Grant Title: Jail Incarceration Employment Program Grant Number: 201 0-ARRC-350 A ward Amount: $44,900 Contact Person Name and Title: Lisa Tennyson, Grants Administrator Phone Number: (30~292-4444 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R ~~ 42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they do not need to submit the EEO P to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or CO PS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (ifapplicable) has been prepared within two years of the latest grant. Please send the completed formes) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307-2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that apply. 0 Recipient has less than 50 employees, 0 Recipient is an Indian tribe, 0 Recipient is a non-profit organization, 0 Recipient is an educational institution, or 0 Recipient is a medical institution, 0 Recipient is receiving an award less than $25,000 I, [responsible official], certity that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R 942.302. I further certity that [recipient) will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Prin t or type Name and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. ~ 42.305): I, Roman Gastesi, Jr., County Administrator [responsible official], certity that the Monroe County Board of County Commissioners [recipient),which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR 942.30 I, et seq., subpart E. I further certity that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of: Calvin Allen, EEO Officer, Monroe County BOCC [organization ), at 1100 Simonton Street, Key West, Florida 33040 [address),for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations. Roman Gastesi, Jr., County Administrator Print or type Name and Title Signature Date OMB Approval No. 1121-0140 Expiration Date 01/31/06 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. (b) Have not within a three-year period preceding this application 1. LOBBYING been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 obtaining, attempting to obtain, or performing a public (Federal, State, CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $100,000, as defined at 28 CFR Part 69, the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements, or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee (e) Are not presently indicted for or otherwise criminally or civilly of Congress, or an employee of a Member of Congress in connection with the charged by a governmental entity (Federal, State, or local) with making of any federal grant, the entering into of any cooperative agreement, and commission of any of the offenses enumerated in paragraph (1) (b) of the extension, continuation, renewal, amendment, or modification of any federal this certification; and grant or cooperative agreement; (d) Have not within a three-year period preceding this application (b) If any funds other than federal appropriated funds have been paid or will be had one or more public transactions (Federal, State, or local) paid to any person influencing or attempting to influence an officer or employee of terminated for cause or default; and any agency, a member of Congress, an officer or an employee of Congress, or an employee of a member of Congress in connection with this federal grant or B. Where the applicant is unable to certify to any of the statements in cooperative agreement, the undersigned shall complete and submit Standard this certification, he or she shall attach an explanation to this Form - LLL, 'Disclosure of Lobbying Activities", in accordance with its instructions; application. (e) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including sUbgrants, 3. DRUG-FREE WORKPLACE contracts under grants and cooperative agreements, and subcontracts) and that all (GRANTEES OTHER THAN INDIVIDUALS) subrecipients shall certify and disclose accordingly. As required by the Drug-Free Workplace Act of 1988, and 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620- RESPONSIBILITY MA TIERS (DIRECT RECIPIENT) A. The applicant certifies that it will or will continue to provide a drug- free workplace by: As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered (a) Publishing a statement notifying employees that the unlawful transactions, as defined at 28 CFR Part 67, Section 67.510- manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and A. The applicant certifies that it and its principals: specifying the actions that will be taken against employees for violation of such prohibition; (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a State or Federal court, or (b) Establishing an on-going drug-free awareness program to inform voluntarily excluded from covered transactions by any federal department or employees about- agency; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE Recovery Act JAG Grant Lobbying, Debannent, Suspension, and Drug-Free Workplace Certification Application Package Page 1 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recovery Act Edward Byrne Memorial Justice Assistance Grant Program (e) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a Check here _ If there are workplaces on file that are not identified criminal drug statute occurring in the workplace no later than five calendar days here. after the conviction; Section 67.630 of the regulations provides that a grantee that is a (e) Notifying the agency, in writing, within 10 calendar days after receiving notice State may elect to make one certification in each Federal fiscal year. under subparagraph (d) (2) from an employee or otherwise receiving actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. States and State agencies may elect including position title, to: Department of Justice, Office of Justice Programs, to use OJP Form 406117. ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice Check here _ If the State has elected to complete OJP Form shall include the identification number(s) of each affected grant; 406117. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and DRUG-FREE WORKPLACE including termination, consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 1973, as amended; or As required by the Drug-Free Workplace Act of 1988, and (2) Requiring such employee to participate satisfactorily in a drug abuse implemented at 28 CFR Part 67, Subpart F, for grantees, as defined assistance or rehabilitation program approved for such purposes by a Federal, at 28 CFR Part 67; Sections 67.615 and 67.620- State, or local health, law enforcement, or other appropriate agency; A. As a condition of the grant, I certify that I will not engage in the (9) Making a good faith effort to continue to maintain a drug-free workplace unlawful manufacture, distribution, dispensing, possession, or use of through implementation of paragraphs (a), (b), (c), (d), (e), and (t). a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Place of Performance (Street address, city, county, state, zip code) Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Monroe County 2. Project Name: Jail Incarceration Employment Readiness Proaram 3. Typed Name and Title of Authorized Representative: Roman Gastesi. Jr.. County Administrator 4. Signature: 5. Date: FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification Application Package Page 2 CERTIFICATION AS TO FEDERAL GROSS REVENUES RECEIVED Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 Certification as to Federal Gross Revenues Received The chief financial officer for the subgrantee makes the following certifications: . The subgrantee in its preceding fiscal year did NOT receive 80 percent or more of its annual gross revenues in Federal awards. AND/OR . The subgrantee in its preceding fiscal year did NOT receive $25,000,000 or more in annual gross revenues from Federal awards. Signature of Subgrantee Chief Financial Officer Date Dannv Kolhaoe Typed Name of Subgrantee Chief Financial Officer Clerk of the Court Title of Subgrantee Chief Financial Officer Monroe County Name of Subgrantee Note: If the subgrantee in its preceding fiscal year BOTH received 80 percent or more of its annual gross revenues in Federal awards AND received $25,000,000 or more in annual gross revenues from Federal awards, then it must provide FDLE with the names and total compensation of the five most highly compensated officers of the subgrantee. FDLE JAG Recovery Act Grant Application Package Certification as to Federal Gross Revenues Received Page 1 Ir"'\ _.. A.~ _". "'^^^'