Item K2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 2t. 2009
Bulk Item: Yes rgj No D
Division: Monroe County Sheriff's Office
Department: Grants Administration
AGENDA ITEM WORDING: Authorization for the Mayor to execute an interlocal
agreement with the Monroe County Sheriff's Office for the Edward Byrne Memorial
Justice Assistance (JAG) Grant Program - Local Solicitation.
ITEM BACKGROUND: The Department of Justice, Office of Justice Programs has
awarded the JAG - Local Solicitation Grant to Monroe County based on the Monroe
County Sheriff's application. The Department of Justice requires that the recipient of
these funds be Monroe County. These funds will be used by the Sheriff's Office to
purchase computer software to improve the effectiveness and efficiency of criminal
justice as delivered by the Monroe County Sheriff's Office.
PREVIOUS RELEVANT BOCC ACTION: The BOCC authorized the Sheriff to apply for
this Grant on August 19, 2009.
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATION: Approval
TOTAL COST: $23,972.00
COST TO COUNTY: l, .0 '
REVENUE PRODUCING: Yes D No [8J AMOUNT PER MONTH
K YEAR
APPROVED BY:COUNTY A TTY ~~MB/PURCHASING D RISK MGT~
BUDGETED: Yes rgj No 0 (in-kind)
DOCUMENTATION: INCLUDED: [8J TO FOLLOW: D NOT REQUIRED: 0
DISPOSITION:
AGENDA ITEM #:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe County Sheriff
Effective Date: October 1,2009
Expiration Date: September 30, 2010
Contract Purpose/Description: Monroe County is participating in the Edward Byrne / JAG-
Local Solicitation Grant Funding. The $23,972.00 from the grant will be used to purchase
computer software for the Sheriff's Office approved by the granting agency.
Contract Manager: Tamara Snider
(Name)
292-7092
(Ext.)
Monroe County Sheriff's Office
(Department)
for BOCC meetinQ on: October 2t , 2009 Agenda Deadline: October 6,2009
CONTRACT COSTS
Total Dollar Value of Contract: $23,972.00 Current Year Portion: $23,972.00
Budgeted? Yes X No Account Codes: -~ ~ -xxxxxx
Grant: $23,972.00 tr.
County Match: $0.00
ADDITIONAL COSTS: 0.00
. Estimated Ongoing Costs: $0.00 For: Staff support-filing reports, oversight
(Not included in dollar value above) (e.g. Maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
~t!:
lui:Q 4
Changes
Needed~r
YesQ No . .
YesDNog! .
YeSDN08~~
YesDNoG ~1-,ibJd!
Date Out
/9JI-'09
JQ (lkE
q- ~g-- DC)
Risk Mana~ent
olYBjPU~aS~
County Attorney
q~
Comments:_
OMS Fonn Revised 9/11/95 MCP #2
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
day of , 2009, by and between The Monroe County Board of County
Commissioners, a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and The Monroe County
Sheriff's Office, hereinafter referred to as "SHERIFF."
WITNESSETH
WHEREAS, the Department of Justice, Office of Justice Programs has awarded Edward
Byrne Memorial Justice Assistance Grant Program, Local Solicitation funding to the COUNTY
based on the application of the SHERIFF to purchase computer software to improve the
effectiveness and efficiency of criminal justice as delivered by the SHERIFF, and
WHEREAS, the Grant has been awarded to the COUNTY, and
WHEREAS, the SHERIFF has agreed to purchase the computer software using the
awarded funds,
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and the SHERIFF agree as follows:
1. TERM - The term of this Agreement is from October 1, 2009, through September
30, 2010, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein.
2. SERVICES - The SHERIFF will purchase the computer software as outlined in
the Grant application.
3. OWNERSHIP - The SHERIFF will retain ownership of the approved software,
and it will be maintained on the Sheriff's inventory.
4. FUNDS - The total project budget to be expended by the COUNTY in
performance of the services set forth in Section 2 of this agreement shall be the total sum of
$23,972.00. The total sum represents federal grant support in the amount of $23,972.00. All
funds shall be distributed and expended in accordance with the grant agreement.
5. INCORPORATION BY REFERENCE - The provisions of the Award Letter dated
September 4, 2009 addressed to Sheriff Robert peryam from James H. Burch, II, Acting
Director of the Bureau of Justice Assistance with its enclosures (11 pages) and all laws, rutes
and regulations relating thereto are incorporated by reference, (Attachment A).
6. BILLING AND PAYMENT
(a) The SHERIFF shall render to the COUNTY, after purchase of the software, an
itemized invoice properly dated, describing the purchase, the cost of the software, and all other
information required by the COUNTY for reimbursement. Upon receipt of the appropriate
documentation the COUNTY shall reimburse the SHERIFF for the said expenditures.
7. TERMINATION - This Agreement may be terminated by either party at any time,
with or without cause, upon not less than thirty (30) days written notice delivered to the other
party. The COUNTY shall not be obligated to pay for any software ordered by the SHERIFF
after the SHERIFF has received notice of termination. In the event there are any unused Grant
Funds, the SHERIFF shall promptly refund those funds to the COUNTY or otherwise use such
funds as the COUNTY directs.
8. NOTICES - Whenever either party desires to give notice unto the other, it must
be given by written notice, sent by registered United States mail, with return receipt requested,
and sent to:
FOR COUNTY
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL 33040
FOR PROVIDER
Monroe County Sheriff Robert Peryam
5525 College Road
Key West, FL 33040
Either of the parties may change, by written notice as provided above, the addresses or
persons for receipt of notices.
9. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the
Department of Justice cannot be obtained or cannot be continued at a level sufficient to allow
for the services specified herein, this Agreement may then be terminated immediately, at the
option of the COUNTY, by written notice of termination delivered in person or by mail to the
SHERIFF at its address specified above. The COUNTY shall not be obligated to pay for any
services provided by the SHERIFF atter the SHERIFF has received notice of termination.
10. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services
pursuant to this Agreement, the SHERIFF shall abide by all statutes, ordinances, rules, and
regulations pertaining to, or regulating the provision of, such services, including those now in
effect and hereatter adopted, and particularly Article 1, Section 3 of the Constitution of the State
of Florida and Article 1 of the United States Constitution, which provide that no revenue of the
state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect
or religious denomination or in aid of any sectarian institution. Any violation of said statutes,
ordinances, rules, or regulations shall constitute a material breach of this Agreement. If the
SHERIFF receives notice of material breach, it will have thirty days in order to cure the material
breach of the contract. If, atter thirty (30) days, the breach has not been cured, the contract will
automatically be terminated.
11. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement
shall assign this Agreement or any interest under this Agreement, or subcontract any of its
obligations under this Agreement, without the written consent of the other.
12. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe
County, Florida, on the day and year first written above.
(SEAL)
ATTEST: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Mayor/Chairman
Deputy Clerk
MONROE COUNTY SHERIFF'S OFFICE
By:
Witness
MONROE COUNTY SHERIFF'S OFFICE
jo..v~~P~ROV2; A~~ F~R~:
~DR...: MARK l. WilLIS
GENERAL COUNSEL
DATE: q (Joe 10 '\
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Departmrnt of Justice
'J
.~. ~.,l. ~,E9EIVF.D
'., ":Y '1"'.~ur;EMf:~r
2009 SfP 21 PM~: 4S
o ftiec of J uSlice Programs
Bureau of Justice Assistance
Office of Justice Programs
Wmhingl<ln. D.C. lOS,ll
September 4, 2009
Shel'i ff RQben perysm
Monroe County
1100 Simonton Streel
Key West, FL 33040
Dear Sheriff Peryam:
On behalfof Atlorncy General Eric Holder, it is my pleasure 10 infon11 you thai the Omce of Justice Prollfllms has approved
your application fur fWlding under the FY 09 Edward Byrne Memorial Jl1Stice Assistance Granl Program: Local Sulicitalion in
the amount of $23,972 for Monroe County.
Encloscd you will find the Gl'lIJ1t Award and Special Conditions documenls. This award is subje<:IIO aU administrative and
financial requirements. includinll the timely submission of all financial and programmatic reports, n:soluti~m of all interim
audit findings, and the maintenance ofa minimum level of cash-on-hand, Should you nol adhere to thesl! requirements, you
will be in violation or the lerms oflhis agreement and the award will be subjool to lennination for cause or other administrative
action as approprilll~.
If you have questions regarding this award, please (;ontact:
. Program Questiuns, Yolaine Faustin, Program Manager at (202) 353-1720; and
_ Financial Questions. the Office of the Chief Financial Of/ker, Customer Service Center (CSC) at
(gOO) 458-0786, or you may contact the CSC al ask,ocfo@usdoj.gov,
Congratulations, and we look forward to working with you,
Sincerely.
cr~'~~'~
James H. Burch II
Acting Director
Enclosures
ATTACHMENT "AU
f<i>P
e.
o ~i;~
Depllrtment of JUlItke
Office of Justice Programs
Otlice for Civil Rights
W",hinglon. D.C. 2/JJJI
September 4, 2009
Sheriff Robert Pel)'am
Monroe County
I 100 Simonlon Strcct
Key Wesl, FL 33040
Dear Sheriff Pel)'aOl:
Congratulations un your recent award. In e~tablishing financial assistance programs, Congress linked ,he receipl of Federal funding to
compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Omce of Justice Programs (OJP), U.S. DepaJ1ment of Juslice
is responsible for ensuring tnat recipients offinancial aid from OJP, ils component offices and bureaus, the Office on Violence Against
Women (OVW), and the Office of Community OrienTed Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR are available to help you and your organi;.:ation meet the civil righL~ requirements that come with .ru.~tice
DepanlnCnl funding.
Ensurhlg Accefls to Federally Auisted Programs
As you know, FederallawK prohibit recipients offinaneial a~~i~lance from discriminating on the ba~is of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefil~. Federal law also prohibits funded programs or activities from discriminating on the basis ofage in tMe delivery of services or
benefits.
Providing ServlCeli to Limited Engllsb Proficiency (LEP) Individuals
In accordance with Departmenl of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. ~ 2000d, recipients of
Federal financilllassislanee must take reasonable steps [ll provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language scrvice.~ 10
LEP individuals, please see the wcbsite at hltp://www.lep.gov.
Ensurlnll Equlll Treatment for Faith-Based Orgllnlzatlons
The Department of Justice nas published a resulation specifically pcJtaining to the funding oHaith-based organization~. In general. the
regulation, Participation in Justice Department Programs by Religious Organb:atilln~; Providing for Equal Treatment of all Justice
Depal1ment Program Panieipants, and known as the Equal Treatment Regulation 28 C.F.R. parl38. requires State Administering Agencies
to Creat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies frollllllaking
award or grant adminislnttion decisions on the basis ofan organizution's religious character or affiliation, religious name, or the religious
composition of ilS board of directors.
The regulation also prohibits faith-based organh:ations from using financial as~istance from the Department of Justice to fund inherently
religious activities. While (aith-based organizations can engage in non-funded inherently religious activities, lhey must be held separately
from the Department of Justice funded prugrum, and elL'{(omers or beneficiaries cannot be compelled to participate in them. The Equal
Treatment Rcsulation al~o makes clear that orb'8nizations participating in programs (unded by the Departrllcnt of Ju.iticc are not pt:rmilled 10
discriminate in the provision ofserviees on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's
websit" at hup:/lwww.ojp.usdoj.gov/ocr/etfbo.htm.
State Administering Agencies lInd faith-based organizallons shuuld also note that the Safe Streets Act, a~ amended; lhe Victims of Crime
Aet, as amended; and the Juvenile Justice and Delinquency Prevention Act, lIS amended, contain prohibition~ ag-.linSI discrimination on the
basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious
Freedom Restoration Act (RFRA) is reasonably conslrueO, on a case. by-case basis, to require thaI lIs funding agencies pen"it faith-based
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion
when hiring staff, even iflhe statule that authorizes the funding program generally torbids considering of religion in employmenl decisions
hy grantees.
Questions about the regulation or the applicalion of RFRA co the statutes that prohibit discrimination in employment may be directed to this
Office.
R#
Enforclnll Civil Rights Laws
All recipients of Federal financial assistance, rcgardles~ of the particular fundin!; source, the amount oflhe grw'lI award, or thl: number of
employees in the workfol'Cll, are subject to the prohibitions againsl unlawful discrimination, Accordinllly, OCR investigalt:S recipients that
are Ihe subject of discrimination complaints from bulh individuals and groups. In addition, based on regulatory criteria, OCR selects a
number ofrccipienrs each year tor compliance n:views, audits that require recipients to submit data showing that they are providing services
equitably to al] segment.~ of their seJ'\lice population and that their employment practices meet equal employment opportunity standards,
Complying wltb tbe Safe ~trec:ts Act or Prognm Requirements
In addition to tht:Se gooera] prohibitions. an organizlltion which is a rccipient of financial assistancc subject to the nondiscrimination
prOVisions of the Omnibus Crime Control and Safe Streets Act (Safe Str=t.~ Act) of I 96!l, 42 U.S.C, ~ 3789d(c), oromer Fedcral grant
program requirements, must meet two additional requircmcnts:(1) c()mplying with Federal regu]~lions perlIlining to the dcv~l{)pment of an
Equal Employment Opportunity Plan (EEOr), 2l! C.F.R. S 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. !i~ 42.205(5) or 3 1.202(5)).
I) Meeting tile EEOP Requirement
In accordance with Federal regulations, As.~urance No.6 in the Standard Assurances, COPS Assurance No. 8.B, or eertuin Federal grant
program requirements, your organi7.lltion must comply with the following EEOP reporting requirements;
I r your organization has re<:ei ved an aWllrd for $500,000 or more and has 50 or more employees (counting both full- and part-time
employecs bul excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
date ofthis letter. For assistance in dcvcloping an EEOP, please consult OCR's website at hllp;J/www.ojp.usdoj.gov/ocr/eeop.htm. You
may all'V r"'luestlechnical assistancc from an EEOP specialist at OCR by dialing (202) 616.3208,
I f your organization rece ived an award between $25,000 and $500,000 and has 50 or more empluyees, your organization sti II has 10 preparl:
an EEOP, but it dues nol have to submit the EEOP to OCR for review. Instead. your organi7.lltion has to maintain the EEOP on file ano
make it available for review on request. [n additiQn, YOllr organization ha.q to complete Seclion a ofthc Certification Form and relurn it to
OCR. The Certitication Fom, can be found at http;/lwww.ojp.usdoj.gov/ocr/eeop.htm.
If your organization received an award for less than $25,000; or if your orpnization hu.~ less than 50 employees. regardless of the amounl of
the award; or if your organization is a medical institution, educational inStitution, nonpmfit organization or Indian tribe, then your
organization is exempt from the EEOP R:'1uirement. However, your organization mWI! complete Section A of the Certification Form and
return jt to OCR. The Certification Fonn can be found at hUp;Jlwww.ojp.usdoj.gov/ocr/eeop.htm.
1) Submitting Flndlnp of Dlscrlmlnallon
[n the cvent a Federlll or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organi7.8tion ufter a due process hearing, on the ground 4Jfrace, color. religion, nalloMI origin, or sex, your organization must submit II copy
oflhe finding to OCR for review.
Enlunni the Compliance ofSubreelplent5
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the
applicable Federal civil rights laws. including thl: requirements pertaining to developing and submiuing an EEor, reponing Findings or
Oiscrimination. and providing language services to LEI' persons. State agencie~ that make suoowards must havc in place standard grant
assunmces and n:view procedures to demonstrate Ihal tlley arc effectivcly monitoring the civil rillhts compliance ofsubrccipicl1ls.
If we can assist you in any way in fulfilling your civil rights responsibilities as a re<:ipient of Fcdcral funding, plell!ie (;;111 OCR at (202) 307-
0690 or visit our website at http://www,ojp.usdoj.gov/ocr/.
S ineercly,
~;.~
Michael L, Alston
Director
cc: Gfllnl Manaller
Financial Analyst
Rf1P
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Depanment of Juslice
Office of Justice Programs
Bureau of Justice Assistance
Vt\GIS I
OF S
Grant
L. RECIPIENT NAME AND ....DDRESS (InchLdingZip Code)
Monro<; C"unlY
1100 S imnnUtn 51",el
Key Wcsl, FL J~0411
4. AWARD NUMBER: 2IlO'J.DJ.BX.()7?O
s. PROJECT rEll.IOD: FROM
aUDGET PER 100: FROM
1010112008 TO 091~0120 12
j(}1I)1I200g TO 0913012012
IA. GRANTEE IRSNENOOR NO.
S96()007~O
6.AWARDDAm (1910412009
g, SUPPLEMENT NUMBER
(JO
7. ACTION
Initiol
9. PREVIOUS AWARD AMOUNT
so
3. PROmCT TITLE
Monroe Counly Sheriffs Office Trained und AccoLlnlabl. Prog'''.
10. AMQUNTOfTHIS AWARD
S 23.912
II. TOTAL AWARD
S 23,912
12. SPECIA L CONDITIONS
THE ABOVE GRANT PROJECT IS ArPROVE[) SUllJE<:T TO SUCH CON!)[TIONS OR L1MIT,IoTIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
13. STATUTORY AUTHORITY FOR GRANT
Thi. projccl i..uppO<1cd under 42 U.S.C. 3751(a)(BJA - JAG Formula)
IS. MEnlODOF PAYMENT
PAPRS
AGENCY APPROVAL
16. TVPr,O NAME AND TITLE Of APPROVING OFFICIAL
~-- --
GRANTEE ACCEPTANCr,
18. TYPIlO NAME AND TfTLE OF AUTHORIZED GRANTEE OFFICIAL
Jam.. H. ll"",b II
R"bcn PCt')'QIll
Sheriff
Acting Din.octor
u~J~,-
17. SIGNATURE Of APPROVING OFFICIAL
AGENCY USE ONL. Y
20. ACCOUNTING CL.ASSIFICA nON CODeS
FIsCAl. FUND DUO. DIV.
YEAR CODll ACT. OFe. REG, SUB. POMS AMOUNT
21. II)JUGT449~
x
B
DJ
gO
(Kl
00
21,}72
OJP fORM 400012 (REV. 5-l!7) rRIOVIOUS EDITIONS ARE OBSOLETE.
OJP FORM 4000/2 (REV. 4-M8)
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.........
>.
. ~?
Department of Justice
Office of Justiee Program~
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
PAGE 2 OF S
Grant
PROJECT NUMRIlR 200\1.DJ -BX.()77(1
AWARD DATE
09104f.!OO<}
SPECIAL CONDITIONS
: I. The recipient agree~ to comply with the financial and administrative requiremenls sel forth in the current edition of the
Office of Justice Pro.srams (OJP) financial Guide.
2. The recipient acknowledges that failure to submit an acceptable EqUlll Employment Opportunity Plan (ifrecipienl is
required 10 submit one pursuant to 2S C_F.R. Section 42.302), that is approved by the Office for Civil Rights, is a '
violation of jt~ Certified Assuranccs and (nay result in suspension or termination offunding, until such time as the
recipient is in compliance.
3. The recipient agrees to comply wilh the organizational audit ~uiremenlS of OMS Circular A-133, Audits of States,
Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or
other related requirements may be imposcd, if outstonding audit issues (if any) from OMB Circular A-133 audits (and
any other audits ofOJP grant Ii.mds) arc nol satisfactorily and promptly addressed, as further desl;ribed in the current
~ilion of the OJP financial Guide, Chapter 19.
4. Recipient understands and aarees thaI it cannot "-'Ie any rederal funds, either directly or indirectly, in support oflhe
enactment, repeal, mod i Rcation or adoplion LJf any law, regulation Or policy. at any leve I of government, without Ihe
express prior written approval ofOJP.
5. The n=cipient mllst promptly reler to the DOJ DIG any aedibJe evidence Ihat a principal, employee, agent, conlraCLOr,
subgranlee, subcontractor, or other perSOIl has either I) submitted a false claim for grunt funds under the False Claims
Act; or 2) eommilled Ii criminal or civil violation oflaws pertaining to rraud, conflicl of inlerest, bribery, gratuity, or
similar misconduct involving grant funds. This condilion also applies 10 any subrecipients_ Potential r"<lud, waste,
abuse, Qr miscondw:t should be reported 10 thc DIG by -
mail:
Office of the Inspector General
U.8, Oepllrtment of Justice
Investigations Division
950 Pennsylvania A venue, N. W_
Room 4706
Washington. DC 20530
e-mail: oig.hotline@usdoj.gov
hutline: (contacl informlllion in English and Spanish): (800) 869-4499
or hotline fax: (202) 616.988 I
^dditional infonnation is available from the OOJ DIG websitc at www.usdoj.gov/oig.
OlP FORM 4OOl1l2 (REV. 4-HH)
~fP
- .--l
I
!
.
Depa!1mmt of Justice
Office of Justice Prul,'l'ums
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
PADE 3 Of 5
Grant
PROJECT NUMBER 2009.DJ-BX-Onn
\_.
AWARD DATE
0910412009
SPECIAL CONDITIONS
6. The grantee agree~ to li.'lsist aJA in complying with the NatiDnal EnvironmenTal Policy Act (NEPA), the Natianal
Historic preservatian Act, and other related federoll environmenbl impact analyse~ requirements in the use afthcse
grant fund~, either directly by the grantee or by a subgrantee. Accordingly, The grantee agrees to' tirST detCTmine ihny
oflhe FDllawing activities will bc funded by the grant, prior to' obligating funds far any ofthesc purpases. If it is
determined tllat any of the fallowing activities will be funded by the grant, the grantee agrees to contact BJA.
The grantee understands that this special cDnditian lIfIpHes to its fDlIowina new activities whether or not tlley are being
specifically funded with thcsc grant funds. That is, as lang as thc activiTy is beina; conducted by the g.ranTcc, a
subllrantce, or any third party and the activity needs to be undertaken in order to' use thest iran! funds, This special
condition must first be met. The Deli viliCl; covered by This special cunditiDn are:
a. New construction;
b. Minor renovation orremodeling ofa property located in an en"iranmenlally or histarically sensitive urea, including
properties located within a I OO-year flood plain, a wetland, or habitat for endangered specic.~, lJr II properly listed on or
eligible for listing on the National Rcgisler of Historic Places;
c. A n::novation, lease, Dr any proposed use Dfa building or facllity thaI will either (a) result in a change in iTS basic
prior use or (b) significantly change its size;
d, Implementatian af a new prDgram involving the use of chemicals other than chemicals that are (a) purchased as an
incidental component of a funded activity and (b) trnditiDnally uscd, for example, in affiee, household, recreational, or
education environments; and
e. Implemenllllion Df a program relating to clandestine methamphetamine laboralory aperations, including the
identificution, sei:wre, or closure of clandestine methamphetamine laboratories.
The grantee understands and agrer:8that eamplying wiTh NEPA may require the prepllr<ltion of an Environmental
Assessment and/or un Environmental I mpact Statement. as directed by BJA. The grantee further onderslands and
agrees to the requiremenls for implementation of a Mitigation Plan, as detailed at
http://www.ojp_usdoj.gov/BlAlresource/nepa.html. for programs relating to meth3mphetaminc laboratory operations.
Application of This Special CDndition to Grantee's ElIisting Programs or Activities: For any of the !!runtee'~ or ils
subgrantees' ellisting programs Dr activilies that will bc funded by these grant funds, tile grantee, upon specific request
from BJA, agrees to cooperate wilh BlA in any preparation by BJA ofa nlllional or program environmental assessment
of tlml funded program or fled vity,
7. To avoid duplieatinll existing networks or IT systems in nny initiatives funded by BJA for law enforcement information
sharing systems wllich involvc interstate conn~tivity between jurisdiction, such systcms shall employ, to the elltenl
possible, existing neTworks as the communicaTion backbone to IIchieve interstate oonnec;:tivity, unless the grantee can
demonstrate 10 the satisfaction of BJA thllt this requiremem would nOI be cost effecTive or would impair the
runclionality of an e){i~ting or proposed IT system.
8. To support public saf~ andjusticc information sharing, OJP requires Ihe granlee to use thc National Information
Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish llnd make
ll"llilable without restriction all scllemas gcnerated as II n::sult ofthis grant to the component registry as specificd in the
guidelillcs. For more intonnation an compliance with this special condition, visit
hnp:/lwww.niem.gov/impleml:lllatiDnguide.php.
9. The recipient is required to establish a trust fund accaunt. (The trust fund mayor may nO\ be an interest-bearing
acoount.) The fund. including any interest. lIIay not be used to' pay debu; or ellpenses incurred by other aclivities beyood
the scape of the Edward Byrne Memorial Justice Assistance Grolnt Pragram (JAG). The recipient also agrees to obligale
and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds
(including tinY interesT earned) nal expended by the end ofthc grant period mUSI be retumed to thc Bureau af Justice
Assistance no latcr thlill 90 days after Ihe end ofthe grant period, along with the final submissian oflhe Financial
SUltus Report (SF-269).
OIP FORM 401ltl1l (REV. 4-99)
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Departmcnt of Justie~
Office: of Justicc Pmgrolms
Bur-eau of Justice Assistance
AWARD CONTINUATION
SHEET
PAGE 4 Of ~
Gnlnt
PROJECT l'>'UMBER JlKlY-OI.BX-07711
AWARD DATE
0910412001J
SPECIAL CONDITIONS
10. The grantee agrees LO comply with all rcporting, data collection and evaluation requirements, as prescribed by law and
detailed by the BJA in program guidance for the Justice Assistance Grant (JAG) Program. Compliance with thcsc
requirements will be monitored by BJA.
II. The recipient as;rccs that any infonnalion technology system funded or supported by OJP funds will comply with 28
C.F.R. Part 23, Criminal Intelligence Systems Operating P()licies, ifOJP detennines this rcgulation to be applicable.
Should OJP deleMine 28 C.F.R. Part 23 to bc applicllble, OJP may, at its discretion, perform audits of the system, as
per the regulation. Should any violation uf28 C.F.R. Part 23 occur, the recipient may be finoo as per 42 U.S.c.
3789g(c)-(d). Recipient may not satisfy such II line with tederal funds.
12. The recipient agrees to enSure that the State In formation Technology Point of Contact reccivcs written noti fication
n:gurding any infOlmatiol1 technology project funded by this grllnt durin~ the ()bligation and e~penditure period. This is
to facilitate communication among local and SUtte governmental entities regarding variuus information technology
projects bclng conducted with lhese grant funds. In addition, thc rccipient lIgn:e.~ 10 maintain an adminislrativc file
documenting lite meeting of this requirement. For a list of Stllte Informalion Technology Points of Contact. go [0
htlp:/lwww.il.ojp.gov/defaull.lI$px '!arca~pol icy A ndPractice& page= I 046.
13, The grantee agrees to cumply with lhe applicable requirements of28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organi7.lItions" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part [hal Department uf Justice grant awards of direct funding may not be used to
fund any inherently religious activities, such a.~ won;hip, religious instruction, or prosclytization. Recipients of direct
grants may still engage in inherently religious activitit'S, but sueh activities mu.~t 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 II sub-grantee must be volunlllry. The Equal Treatment Regulation also makes clear that org-,mizations
participating in programs directly funded by the Department of Justice are not peMitted to discriminatc in the provision
of Stlrvices on the basis ofa beneficiary's religion. Notwithstanding any other special condition of this award, faith-
based organizations may, in some ci rcumstances, consider religion as a b.1s1s for emp loymcnt. See
hllp:llwww.ojp.gov/aboutJocr/eqUllI_lbo_hlm.
14, The recipient acknowledge!! that all programs funded through 5ubawards. whether at the slale or local levels, must
conform to the:: groant program requirements 3S stated in BJA program guidanet'.
15. Grantec 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 or human rcscarch subjec~. including oblainmel1l of Institutional Review Board
approval, if appropriate, and subjeCt informed consent.
16. Grantee agrees to comply with all confidentiality requirt'ments or42 U.S.c. section 37898 and 28 C.F.R. Part 22 fhat
are applicable to collection, use, and revelation of data or information. Grantee further agr~, a.~ a condition of gram
approval, to submit a Privacy Certilicatc that is in accord with requiremenll; of 28 C.F.R. Part 22 and, in particular,
section 22.23.
17. The recipient UJ,:rees that funds received under this award will not be used 10 supplant Slate or local funds, but will be
used to increllSC the amounts of such funds that would, in the absence of Federal funds, be made available for law
en forcement activi tic~.
OJP FORM 400012 (REV. 4-8M)
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Depanment of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
PAGE ~ OF 5
Grant
PROJECT NUMBER :!OO9-DJ-BX-<J77U
AWARD DATE
0910412(101)
SPECIAL CONDITIONS
18. The granlee agrees that within 120 days ofaward, for any law enforcement task force funded with these funds. the lask
force commander, agency executive, task force officers, tlnd other task force members of equivalent rank, will complete
required online (internet-based) task force training to be provided free of charge through BJA'~ Cenler for Task Force
Inte!,,'dty and Leadership. TI\is training will address task force etl"ectivencss as well as olher key issues including
privacy and civillibertieslrights, task force performance measurement, penoonn,,1 selection, and task force ovcrsightamJ
accountability, Additional information will be provided by BJA regarding the required training and access methods via
8JA's web site and tlte Center for Task Force Integrity and Leadership (www.etlli.org),
OJP FORM 400012 (REV. 4.88)
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Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
WU.lhingrrm. D. C. 2f1J3 I
Memorandum To: Official Grant File
From:
M. A. Bcrry, Environmental Coordinator
Subject:
Incorporates NEPA Compliance in Further Developmental Stages for Monroe
County
Tlte Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local
governments to support a broad range of acti vities to prevent and control cn me and to improve the
criminal justice system, some of which could have environmental impacts. All recipients of JAG funding
must assist BJA in complying with NEPA and other related federal environmental impact analyses
requirements in the use of grant funds, whether the funds are used directly by the grantee or by a
subgrantee or third party. Accordingly, prior to obligating funds for any of the speCified activities, the
grantee must first determine if any ofthe specified activities will be funded by the grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive
area, including propertics located within a I OO-year flood plain, a wetland, or habitat for endangered
species. or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any 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;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of Ii funded activity and (b) traditionally used, for example, in
office, household, recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphetamine laboratory operations,
including the identification, seizure, or closure of clandestine methamphetamine laboratories.
Complying with NEP A may require the preparation of an Environmental Assessment and/or an
Environmental Impact Statement, as directed by BJA. Further, for programs relating to
methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required.
For more information about Mitigation Plan requiremenrs, please see
http://www,ojp.usdoj.gov/BJAlresoun;e/nepa.htrnl.
Please be sure to carefully review the grant conditions on your award document, as it may contain more
specific infonnation about environmental compliance.
~
,. O1licc ot' Just.ce l'rogl'81l1S PROJECT SUMMARY
'~".. Bureau of J ustice As.~i~tanee
,
, . Grant
PROJECT !'lUMBER I
PAGE I OF I
21lO9-DJ-BX-0770
This project iUUJlfIOrtlXl under 42 U.S.C. )7" (D) (IUA - JAG Formula)
I. STAFF CONTACT (Name & telephone l1umber) 2. PROJECT DIRECTOR (Na",e. address & telephone n",nher)
Yolaine raust!n Tamalll Snider
(2Cl2) 353-1720 Ri~ Mnnaller
5525 Collcge Road
Key Wc~~ f'L 33040-4307
(3051292- 7092
,,-
3.. TITLE OF 'fHE PROGRAM lb. I'OMS CODE (SEE INSTRUCTIONS
BJA fY W Edward Byrnc Mcm(lri~1 Jllstiee A..islancc Granl Program, L",,~I S"I;ei I3lion ON REVERSE)
4. 'fITLE OF PROJECT
Monroe County Sheriff's atTICC Trained lilld Accoomahlc Prollram
S. NAME& ADDRESS OF GRANTEE 6. NAME & ADRf.SS OF SUBGRANTEE
Monroe County
1100 SiTTKInlon Sll'Cl.~
Kcy West. FL 33040
,.. _n
7. PROGRAM PERIOD M. BUDGET PERIOD
fROM, 1010112008 TO: 0913012012 FROM; 10/0 11200M TO: 09/30/2012
9. AMOlJ1l/T OF A WA RD 10. DATJ::OF AWARD
S 23.972 1l':l!(l4I2lMW
11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT
13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT
I
I
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IS. SUMMARY DESCRIPTION OF PROlr:CT (See in.lnlel;"n "" ,""verse)
I
Thc Edward Byrne Memorial Juslice AlSislancc Granl Program (JAG} allows sl~lcS and units of local govcmmems. ineludinlllribes, 10 SlIllIXlrt a broad I1Ingc of I
Ii.CtiV'hk'S 10 prcycm md I;i,lf1lril) crime based on ,hcii- own S.18\C nnd local needs and cundilEun~. Grarll f\mds can be used (or stille .f'lIKl ~~aI1nilhltivcs.. technical
aSsislance, lmlning. p~...~onncl. ~quiJlmCnL supplies, contractual support. and infom'3t.on ~yslems rOI' criminal jUSlicc, including tor anyone or more (Iflh~
lhllow ing purpose- UTeas: I) law onforccmcm proKrifms; 2) proiL'Culioll and court prOCfDlnS: 3) prcvcn;ion and education I"lru~rii.ms~ 4. corrcolions ana commun.ity
correcl;on. p"'gnu1lS: 5) dWlllrc.almenl8nd cnforccmcnl programs: 6) pl"nninll. evaluation. and lcchlWIoSY improvcll1cll1 P"'Sr.Jm.: and 7) crime victim and
wit","'s p'''llI'"ms (olhcr than etml~nsa(iolt).
Mom"" Counly will use lhe JAG award to purclmsc compuler sofl.w~rc d~igncd 10 improve lht cffccu\'cneJS pml efficiency of1he county ~lu:rin's ollicc. Tlte new
soflware will enable Ihc Shcrin's ome" u.: mallal!" the allency p<J1icies and capltlro employee sign.,ure. verifyinlllhcir receipt electronically: search policies by
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Department of Justice
GRANT MANAGER'S MEMORANDUM, PT. I:
OJP FORM 400012 (REV. 4-88)
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keyword, d""umelll numb~r. or OlI.lbjCCI: (rack all revisions and allows administmtors 10 roMIlor siioature requirement.; and ereale and adminlS(er te.,s for
employees. Thi. softwa", ellsures grellcr aeeDunlabilily (or erilical policies. rhe new software will also a How fOT lite [!ccuonic delivel'Y of sel f-p"ced and vinual
coursOli. Thi. will aUow the Sherin's Office I" .ddre.. a wide ran~e of Iraining need. errcclil'e1y nnd ellkienlly. Employees will tmin .llheir wur. site and will
nol he requircilio Iravel .0 a Irainini localion. The goal is to have a well.l....inoo an<! informed wmkfuR.:e Iha. is held accounlable 10 Ihe highesl standards (,f
professional law ""fhrcerJiCnll0 ensu", a safe and scenre ."mmulliIY for Ihe residenls und I'i.itm..
NCAINCF
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