FY2010-2012 11/18/2009 DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: December 9, 2009
TO: Sheriff Robert P. Peryam
Monroe County Sheriffs Office
ATTN: Tamara Snider
FROM: Pamela G. Hanco C.
At the November 18, 2009, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Memorandum of Understanding with the Monroe County Sheriff's Office for the
Department of Justice, Office of Justice Program for the Edward Byrne JAG Grant.
Memorandum of Understanding with the Monroe County Sheriff's Office for the
Department of Justice, Office of Justice Program for the Edward Byrne Memorial Justice
Assistance (JAG) Grant Program—Local Solicitation.
Enclosed is a duplicate original of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
Cc: County Attorney w/o document
Finance
File/
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 18th day of
November, 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,
Florida 33040, hereinafter referred to as "COUNTY," and The Monroe County Sheriff's Office,
hereinafter referred to as "SHERIFF."
WITNESSETH
WHEREAS, Monroe County has been awarded a Department of Justice Grant under the
Recovery Act Edward Byrne Memorial Justice Assistance Program, and
WHEREAS, the COUNTY entered into an agreement for the sum of twenty-three
thousand nine hundred and seventy two dollars ($23,972.00) for the purchase of computer
software which was approved by the granting agency, and
WHEREAS, the SHERIFF has agreed to purchase law enforcement equipment for use
by the SHERIFF in accordance with the COUNTY'S agreement with the Department of Justice,
Office of Justice Programs,
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, 2012, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein.
2. FUNDS - The total project budget to be expended by the COUNTY under this
agreement shall be the total sum of $23,972.00. There is no matching funds requirement. All
funds shall be distributed and expended in accordance with the grant agreement (Attachment
A).
3. IMPLEMENTING AGENCY BOUND - The SHERIFF is an implementing agency
under the current COUNTY's Edward Byrne Memorial Assistance Grant Program, and shall be
bound by all the provisions of the documents, incorporated by reference, of this agreement. The
SHERIFF shall be bound by all laws, rules, and regulations relating to the Department of
Justice, Edward Byrne Memorial Assistance Grant Program.
4. INCORPORATION BY REFERENCE - The provisions of that certain document
entitled "Florida JAG Countywide American Recovery and Reinvestment Act of 2009" and all
laws, rules and regulations relating thereto are incorporated by reference (Attachment A).
5. AGENCY RESPONSIBiliTIES UNDER GRANT
a) The COUNTY is the recipient of the grant and is bound by all of the terms and
conditions.
b) The SHERIFF will purchase the law enforcement equipment as outlined in the
COUNTY'S agreement with the Department of Justice, attached and made a
part hereof.
c) The SHERIFF will retain ownership of the approved equipment and will maintain
it on the Sheriff's inventory.
'" .. "..
6. Billing and Payment
a) The SHERIFF shall render to the COUNTY, after purchase of the equipment, an
itemized invoice properly dated, describing the equipment purchased, the cost of
the equipment, and all other information required by the COUNTY for
reimbursement.
b) Upon receipt of the appropriate documentation the COUNTY shall draw the
money down from the granting agency.
c) Upon receipt of the money from the granting agency the COUNTY shall
reimburse the SHERIFF for said expenditures.
d) Payment shall be made after review and approval by the COUNTY within thirty
(30) days of receipt of the correct and proper invoice submitted by the SHERIFF.
e) The SHERIFF will prepare and transmit, in a timely manner, all programmatic
and financial reports required by the granting agency. Prior to submission, the
SHERIFF will provide the reports to the COUNTY for approval.
f) The COUNTY shall monitor the SHERIFF's reporting activities to ensure the
reports are submitted in a timely manner and are complete.
g) The SHERIFF agrees to cooperate with the COUNTY to comply with the terms
and conditions, incorporated by reference, of this agreement.
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 equipment 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 based upon the grant project budget as approved by the granting
agency.
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 PROVI DER
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 after the SHERIFF has received notice of termination. The
COUNTY's obligation to reimburse the SHERIFF for incurred cost is subject to availability of
grant funds..
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 hereafter 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
immediately upon delivery of written notice of termination to the SHERIFF. If the SHERIFF
receives notice of material breach, it will have thirty days in order to cure the material breach of
the contract. If, after 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.
11. 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.
. .,- tN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
a~:Qereto by the proper officers thereof for the purposes herein expressed at Monroe
GOH~\)A(jrida, on the day and year first written above.
BOARD OF COUNTY COMMISSIONERS
OF ~E COUN~FLORIDA
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Mayor/Chairman
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'C'.N" ~,E~EIVED
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2009 SEP 2/ PH 4: ~5
Office of Justice Programs
Bureau of Justice Assistance
Office of Justice Programs
Wtl.vhingwn. D.C. 2lJ5J J
September 4, 2009
Sheri ff Robert Peryaln
Monroe County
1100 Sin1onton Street
Key WestJ FL 33040
Dear Sheriff Peryam:
On behalf of Attorney General Eric Holder, it is my pleasure to infoml you that the Office of Justice Programs has approved
your application fur funding under the FY 09 Edward Byrne Memorial Justice Assistance Grant Program: Local Solicitalion in
the amount of$23,972 for Monroe County.
Enclosed you wilt find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit tindingst and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requjrements~ you
will be in violation ofthc terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
- Probrram Questions, Y olaine Faustin, Progranl Manager at (202) 353-1720; and
- Financial Questions, the Office of the Chief Financial Officer, Custonlcr Service Center (CSC) at
(800) 458-0786. or you may contact the CSC at ask.ocfo@usdoj.gov.
Congratulations. and we look forward to working with you.
Sincerely,
cr~'~~-=
James H. Burch I I
Acting Director
Ene losures
ATTACHMENT "A"
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Department of Justice
Office of Justice Programs
Office for Ci viI Rights
Wushinglcm. D.C. l(}JJ /
September 4,2009
Sheriff R.obert Peryam
Monroe County
J 100 Simonton Street
Key West, FL 33040
Dear Sheriff Peryanl:
Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to
compliance with Federal civil rights laws. The Office tor Civil Rights (OCR), Orfice of Justice Programs (OJP), U.S. Department of Justice
is responsible tor ensuring that recipients of financial aid from OlP, its component offices and bureaus, the Office on Vioicncc Against
Women (OVW). and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal cavil rights statutes and
regulations. We at OCR are available to help you and your organi7ation meet the civil rights requirements that come with Justice
Departnlcnt funding.
Ensuring Access to Federally Assisted Programs
As you know, Fcderallaws prohibit recipients of financial assj~tance from discrinlinating on the ba~is or racet color, national origint
religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or
benefit",. Federal law also prohibits funded programs or activities from discriminating on the basis of agc in the delivery of services or
benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance penaining to Title VI of the Civil Rights Act of 1964, 42 V.S.C. ~ 2000d, recipients of
Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limiled
English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services tu
LEP individuals, please see the wcbsite at http://www.Jep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38. requires State Administering Agencies
to treat these organjzations the same as any other applicant. or recipient. The regulation prohibits State Administering Agencies fronl maklng
award or grant administration decisions on the basis of an organization's religjous character or affiliation, religious name, or the religious
composilion of its board of directors.
The regulation also prohibits faith-ba~ed organizations from using financial assistance from the Departlllent of Justice to fund anherently
religious activities. While faith-bused organizations can engage in non-funded inherently religious activities, they must be held separately
from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal
Treatment Regulation also makes clear (hat organizations participating in programs funded by the Department of Ju.~ticc are not permitted 10
discriminate in the provision of services on the basis of a beneficiaryts religion. For more information on the regulation, please see OCR1s
website at http://www.ojp.usdoj.gov/ocr/ctfbo.htm.
State Administering Agencies and faith-based organizations shuuld also note that the Safe Streets Act, as amended; the Victims of Crime
Act. as amended; and the Juvenile Justice and Delinquency Preventjon Act, as amended. contain prohibitions alfdinst discrimination on the
basis of reHgion in employnlcnt. Despite these nondiscrimination provisions, the Justice Department has conduded that the Religious
Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based
organizations applying for funding under the applicable prograln statutes both to receive DOJ funds and to continue considering religion
when hiring staff, even j f the statute that authorizes the funding program generally forbids considering of religion in employment decisions
by grantee~.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employnlent may bc directed to this
Office.
RJfJ
Enforcine Civil Rights Laws
All recipients of Federal financial assistancet regardless of the particular funding source, the anlount of the grant award, or the number of
employees in the workforc.e, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteriat OCR selects a
number of recipients each year tor compliance reviews, audits that require recipients to submit data showing that they are providing services
equitably to all segment" of their service population and that their employment practices meet equal empJoYlllent opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. ~ 3789d(c}, or other Federal grant
program requirements, must meet two additional requjrcmcnts:(I) complying with Federal regulations pertaining to the development of an
Equal Employment Opportunity Plan (EEOP)~ 28 C.F. R. ~ 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. ~* 42.205(5) or 31.202(5)).
I) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No.6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant
program requirements, yourorganization mUSl comply with the foJlowing EEOP reporting requirements;
If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time
etnpJoyces but exc.luding political appointees), then it hus to prepare an EEOP and submit il to OCR tor review within 60 days from the
date of this letter. FOf assistance in developing an EEOP ~ please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.
If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare
an EEOP, but it does not have to submit the EEOP to OCR for review. Instead. your organization has to nlaintain the EEQP on file and
make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return jt to
OCR. The Certification Fonll can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.
tfYOUT organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of
the award; or jf your organization is a medical institution~ educational institution, nonprofit organization or Indian tribe, then your
organization is exempt from the EEOP requirement. Howevert your organization must complete Section A of the Certification Form and
return it to OCR. The Certification Fonn can be found at hUp:/lwww.ojp.usdoj.gov/ocr/eeop.htm.
2) Submitting Findings or Discrimination
In the event a Federal Of State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organi7.8tion after a due process hearing, on the ground of race, color. religion, national origin, or sex, your organization Inust submit a copy
of the finding to OCR for review.
Ensurine the Complian~e of Subreclplents
If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the
appl ie.able Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of
Discrimination. and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrccipicnts.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-
0690 or visil our website at http://www.ojp.usdoj.gov/ocr/.
Sincercly~
~;.~
Michael L. Alston
Director
cc: Grant Manager
Financial Analyst.
RfJP
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Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
I. RECIPJENT NAME AND ADDRESS (Including Zip Code)
Monroe County
1100 Simonton Street
Key West. FL 33040
1 A. GRANTEE IRSNENDOR NO.
596000750
3. PROJECT TITLE
Monroe County Sheriffs Office Trained Bnd Accountable Program
PAGE 1 OF 5
Grant
4. AWARD NUMBER: 2009-DJ-BX-0770
5. PROJECT PERIOD: FROM
BUDGET PERIOD: FROM
WIO 1/2008 TO 09/JO/20 12
IO/Ol/200K TO 09/30/2012
6. AWARD DA TEl 09/04/2009
8. SUPPLEMENT NUMBER
00
7. ACTION
]nitial
9. PREVIOUS A WARD AMOUNT
$0
10. AMOUNT Of THIS AWARD
S 23.972
1.11. TOTAL AWARD
S 23.972
"12. SPEC1Al.. CONDITIONS
THE ABOVE GRANT PROJECT [S APPROVED SUBJECT TO SUCH CONDrTrONS OR LIMITATIONS AS ARE SET FORTH
ON THE ATTACHED PAGE(S).
J3. STATUTORY AUTHORITY FOR GRANT
This project is supported under 42 U.S.C. 37S l(a) (BlA - JAG F'onnula)
15. METHOD OF PAYMENT
P A PRS
AGENCY APPROVAL
16. TYPED NAME AND TITLE OF APPROVING OFFIClAL
JamL'S H. Burch II
Acting Dirt."Clor
17. SIGNATURE OF APPROVING OFFICIAL
a-- ~'~~
GRANTEE ACCEPTANCE
18. TYP~D NAME ANDTJTLE OF AUTHORIZED GRANTEE OFFICIAL
Ruhert Peryam
Sheri ff
20. ACCOUNTING CLASSIFICATION CODES 21. IDJUGT449H
FISCAL FUND DUD. DIV.
YEAR CODE ACT. OFC. REO. SUB. POMS AMOUNT
x
B
NO
DJ
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PAGE 2 OF S
PROJECT NUMBER 2009.DJ.BX-0770
AWARD DATE
09/04/2()()9
SPECIAL CONDITIONS
I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the
Office of Justice Programs (OJP) financial Guide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 28 C.F.R. Section 42.302), thal is approved by the Office for Civil Righls, is a
violation of its Certified Assurances and lnay result in suspension or terminat.ion of funding, unlil such time as the
recipient is in compliance.
3. The recipient agrees to comply with the organizational audit requiremenlS ofOMB 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 imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and
any other audil4i of OlP grant funds) arc not satisfactorily and promptly addressed, as further described in lhe current
edition of the OJP Financial Guide, Chapter 19.
4. Recipient understands and agrees that it cannot use any rederal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adopti<.ln of any law, regulation or policy, at any level of government, without the
express prior written approval ofOJP.
5. The recipient must promptly reter to the DOJ 010 any credible evidence that a principal, employee, agent, contractor,
subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims
Act.; or 2) committed a criminal or civil violation of laws pertaining to fraud, conniet of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies 10 any subrccipients. Potential fnlud, waste~
abuse, or misconduct should be reported to the OIG by..
mail:
Office of the Inspeclor General
U.S. Department of Justice
Inve&1igations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e.mail: oig.hotline@usduj.gov
notline: (contact inforn13tion in English and Spanish): (800) 869-4499
or hotline fax: (202) 616..988 J
Additional information is available from the DOJ OIG websitc at www.usdoj.gov/oig.
OJP FORM 4000/2 (REV. 4-8~)
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AWARD CONTINUATION
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PAGE 3 Of 5
PROJECT NUMBER 2009.DJ-BX-0770
1-.
AWARD DATE
09/04/2009
SPEC/AI., CONDITIONS
6. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National
Historic Preservation Act, and other related fedend environmental impact analyses requirements in the use of these
grant fund", either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to t1rst determine if any
of the foJIowing activities will be funded by the grant. prior to obligating funds for any ofthcse purposes. Ifit is
determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA.
The grantee understands that this special condition applies to its following new activities whether or not they are being
specifically funded with these grant funds. That is~ as long as the activity is being conducted by the grantee, a
subgrantee, or any third party and the activity needs to be undertaken in order lo use these grant funds, this special
condition must first be met. The acti vilies covered by this special condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentaJJy or historically sensitive area, including
properties located within a lOO-ycar 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
incidenlal component of a 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.
The grantee understands and agrees that complying with N EP A may require the preparcation of an Environmental
Assessment and/or an Environmental Impact Statcnlcnt, as directed by BlA. The grantee further understands and
agrees to thc requirements for implementation of a Mitigation Plan, as detailed at
http://www.ojp.usdoj.gov/BJA/resource/ncpa.htmlt for programs relating to methamphetamine laboratory operations.
Application of This Special Condition to Grantee's Existing Progranls or Activities: For any of the gruntee's or its
subgrantees' existing programs or activitjes that will be funded by these grant funds: the grantee, upon specific request
from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental asscssnlcnt
of that funded program or activity.
7. To avoid duplicating existing networks or IT systenls in any initiatives funded by BJA for law enforcement infonnation
sharing systems which involve interstate connectivity between jurisdiction, such systems shaH employ, to the extent
possible, existing networks as the conlmunication backbone to achieve interstate connectivity, unless the grantee can
demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the
funclionality of an exj~ting or proposed IT system.
8. To support public safety and justice information sharing, OJP requires the grantee to use the National Infonnation
Exchange Model (N lEM) specifications and guidelines for this particular grant. Grantee shall publish and make
available without restriction all SChel1l8S generated as a result of this grant to the component registry as specified in thc
guidelines. For more infof111ation on compliance wilh this special condition, visit
http://www . n iem .gov / i m plementationgu ide . php.
9. The recipient is required to establish a trust fund account. (The trust fund mayor may not be an interest-bearing
account.) The fund, including any interest, may not be used to pay debts or expenses incurred by olher activities beyond
the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate
and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds
(including any interest earned) not expended by the end of the grant period must be returned to lhe Bureau of Justice
Assistance no later than 90 days after the end of the grant period, along with the final submission of the Financial
Status Report (SF -269).
OlP FORM 4000/2 (REV. 4-88)
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PAGE 4 Of 5
Grant
PROJECT NUMBER 2()()9-DJ.BX.0770
AWA[(O DATE
09/04/2()()9
SPECIAL CONDITIONS
10. The grantee agrees to comply with all reporting, data collection and evaluation requiremenls, as prescribed by law and
detailed by the BJA in program guidance for the Juslice Assistance Grant (JAG) Program. Compliance with these
requiremenls will be monitored by BJA.
II. The recipient agrees that any infonnalion technology system funded or supported by OlP funds will comply with 28
C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJ? detennines this regulation to be applicable.
Should OJP detennine 28 C.F.R. Part 23 to be applicable, OJP may~ at its discretion, perform audits of the system, as
per the regulatjon. Should any violation of28 C.F.R. Part 23 occur, the recipient may be fined as per 42 V.S.C.
3789g(c)-(d). Recipient may not S8tj~fy such a fine with federal funds.
12. The 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 expenditure period. This is
to facilitate communication among Jocal and slate 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 Infonnation Technology Points of Contact, go to
http://www.it.ojp.gov/defaultaspx.!arca=policy AndPractice&page= J 046.
J 3. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice
regulation governing ItEqual Treatment for Faith Based Organizations" (the "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 worshjp~ religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in lime 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 mu~t be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Oepanment of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiaryts religion. Notwith~tanding 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/equal_fbo.htm.
14. The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must
conform to the grant program requirements as stated in BJA program guidance.
] 5. Grantee agrees to comply with the requirements of28 C.F.R. Part. 46 and aJJ Office of Justice Programs policies and
procedures regarding the protection of human research subjecl'i, including obtainmenl of InstitucionaJ Review Board
approval, if appropriate, and subject infonned consent.
16. Grantee agrees to comply with aJl confidentiality requirements of42 U.S.C. section 3789g and 28 C.F.R. Part 22 that
are applicable to coJlection, use, and revelation of data or intormation. Grantee further agrees, aro; a condilion of gram
approval~ to submit a Privacy Certiticate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular,
section 22.23.
17. The recipient agrees that funds received under this award will not be used to supplant State or local funds, but wlH be
used to increase the anlounts of such funds that would, in the absence of Federal funds, be made available for law
enforcement activities.
OlP FORM 4000/2 (REV. 4.88)
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Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
PAGE 5 OF 5
Grant
PROJECT NUMBER 2009-DJ-BX.o'70
AWARD DATE
0910412009
SPECIAL CONDITIONS
18. The grantee agrees that within 120 days of award, for any law enforcement task torce funded with lhese funds, the task
force comnlander, agency executive, task force officerst and other task force members of equivalent rank, will complete
required online (intem~t-based) task force training to be provided free of charge through BJAts Center for Task Force
Integrity and Leadership. This training will address task force effectiveness as well as other key issues including
privacy and civil Ii berti eslrights, task force performance measurement, personnel seleclion, and task force oversight and
accountabiljty. Additional information will be provided by BJA regarding the required training and access methods via
BJA's web site and the Center for Task Force Integrity and Leadership (www.cttli.org).
OJ? FORM 4000/2 (REV. 4-88)
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Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Wo.<;hinglon, D.C. 20.'iJ f
Memorandum To: Official Grant File
From:
M. A. Berry, Environmental Coordinator
Subject:
Incorporates NEPA Compliance in Further Developmental Stages for Monroe
County
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local
governments to support a broad range of activities to prevent and control crime 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 N EP A 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 tor any of the specified activities, the
grantee must first detennine if any of the speci fled 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 properties located within a 1 OO-year flood plain, a wetland, or habitat for endangered
species, or a property listed on or eligible for listing 011 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 a funded activity and (b) traditionally used, for example, in
office, household, recreationalt 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 infonnation about Mitigation Plan requirements, please see
http://www.ojp.usdoj.gov/BJA/resour~e/nepa.html.
Please be sure to carefully review the grant conditions on your award document, as it may contain more
specific .information about environmental compliance.
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Department of Justice
Otllcc of Justice ftrograms
GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
Bureau of Justice Assistance
Grant
PROJECT NUMBER
2009-DJ-BX-0770
PAGE I OF I
This project is ~up"nrtcd under 42 U.S.C. 3751(a) (UJA -lAG Formula)
I. STAFF CONTACT (Name & lclcphone number)
Y olainc Faustin
(202) 353-1720
2. PROJECT OJRECTOR (Name, address & telephone number)
Tamara Snider
Risk Manager
5525 College Road
Key West, Fl33040-4307
(305) 292-7092
3a. TJTLE OF THE PROGRAM
Jb. POMS CODE (SEE INSTRUCTIONS
ON REVERS E)
BJA FY 09 Edward Byrne Memurial Juslice Assislancc Grant Program: Local Sulicilation
4. TITLE OF PROJECT
Monroe COllnty Sheritrs OffICe Trained and Accountable Program
5. NAME & ADDRESS OF GRANTEE
6. NAME & ADRESS OF SUBGRANTEE
Monroe County
I 100 Simonl(m St,,,"<:t
Key West. FL 33040
7. PROGRAM PERIOD
FROM:
1010 J /2008
TO: 09/3012012
~. BUDGET PERJOD
FROM: JO/OI1200t(
TO: 09130/20 &2
9. AMOUNT OF AWARD
$ 23.972
10. DATE OF AWARD
09l0412()()9
I I. SECOND YEAR'S BUDGET
12. SECOND YEAR'S BUDGET A MOUNT
13. THIRD YEAR'S BUDGET PERIOD
14. THIRD YEAR'S BUDGET AMOUNT
IS. SUMMARY DESCRIPTION OF PROJECT (See instnu:ljon on reverse)
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows Shllc~ and units oflocal govcmmcnts. including tribes, 10 support a broad range of
activities to prcvcnl und control crime based on lhcir own state and local necds and conditiuns. Grant funds ean be used for state llnd local initiatives. technical
assistance, tmining, personnel, ~quipmcnt. supplies, contractual support. and infum13tlOn systems fOl' criminal justice, including tor anyone or mure of the
following purpose areas: I) law enforcement progrdm~; 2) proseculion and court programs; 3) prcven1ion and education flrugram~; 4)corrcctions and community
correclions progrdms; 5) drug treatment and enforcement programs; 6) planning. evaluation, and technology improvemellt programs: and 7) crime victim and
witness prugrams (other lhan compensation).
Monroe Counly will Lise the JAG award to purchosC' computer software designed to improve the cffccli\'cncss and efficiency ofthc county sheriffs offiee. The new
software wi)) enable the Shcrifl~!oi Otlic.:c to: manage the agency policies and coptuTe employee signaLun.'S verifying their receipt electronically: search policies by
OJP FORM 4000/2 (REV. 4-88)
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keyword, documcnt number. or subject; track all revisions and allows adll1inistrators 10 monitor signature requirements: and create and administer tests for
employees. This software ensures greater accountabmly for critical policics. Thc new software will also allow fi)r the electronic delivery of self-paced and virtual
courses. This will allow the Sherif1's Office tu address a wide range of lmining needs effectively and cfliciently. Employees will train at their wurk site and will
nOl be required to travel 10 a trclining location. The goa~ is to havc a wcll-trdincd and informed work force lhal is held accoulltoble to the highesl standards e)f
professional law cnttlfCCmcnt to ensure a safe and secure community for the residents ami visitors,
NCA/NCF
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