Item D40
HOARD OF C:OUNTY COMMISSIONERS
!\{JJ;Nn,'\IIliM~l)MM!\RY
Meeting JJatc:JI.Ills;21, 2 {LQQ
J) i vis ion: IiuQge t ill.l~LEi[1.<1.I1~12
Bulk Item: Yes [g] No 0
Depa rt m cn t :G ra n ts l\.clIIli ni.s1I<11iQD
Staff Contact Person: David P. Owcns
AGE~NDA ITEM WORDING: !\.lI1l1m:izaticmJQIJne fV!iJy-c2!:to execute a eontrac;1l\!.ith the;
M on roc Co UD.ty.S h criJr s 0 ffi CChJ1W.lg funds J2DLv'i(JQcl.JdllckLthc;J~d\\llmLB vrne M emOli~1l.1dlY';
lint'c2J:c;c;!11 er!1i!G.mL 1'0 rJl1.eJ2lII:.c;1l<1'>.c;.Qf tw.<]Jj\fc;.~c;<ll}..LillRc;rQ ri n t .!!nit-,'S
ITEM BACKGROUND: Sl2ventv-fivep.crc..mLfundingjs lm)vidcdJ2YJhc;..EloridiJJ2c;J1.L.of La\\!
FiDXorcement under the BYI1.lQ..(JtiJ11tEmgrmn;Jvyc;I11y-llve percent match is being providecUn
F D I, E: fu nds ..J:.!!1JdillK.h'LPIUllari I y..s ta t&- w i.ck1.!n.sperU..lhmc;Junds frompxiQI year~
PREVIOUS RELEV AN'I' BOCC ACTION: I'lil1jci])atioll inlhme.l)rograms sillc;c;apPIox,.199Q..
CONTRACT/AGREEMENT CHANGES: m.ll1t;_J.~;W contract
STAFF RECOMMENDATION: !\p!)IQ\f<ll
TcrrAL COST: $76,862.00
BUDGETED: Yes [g] No 0
COST TO COUNTY: ~o.J2Q
RE~VE~NUl~ PRODUCING: Yes 0 No [g]
AMOUNT PER MONTH
YEAR
~
OMB/PURCHASINC; 0 RISK MANAGEMENI'
APPROVl:JJ BY:COUNTY ATTY
DIVISION DIRECTOR APPROVAL:
DOCUMENTAI'ION INCLUDED: [g] TO FOLLOW:
NOT REQUIRED: 0
DISPC)SITIC)N:
ACiENDA ITEM II:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe C()lInt) Sheriff'
Dept
Effective Date 03/0 I /06
Expiration Date: 08/3 1/06
Contract Purpose/Description: Funds provided through FDLE Agreement for purchase of two
Livescan fingerprint units
Contract Manager: David P. Owens
(Name)
:L~2
(Ext. )
OMB/Grants Mgt.
(Department)
for BOCC meeting on 06/2 1/06
Agenda Deadline: 06/06/06
CONTRACT COSTS
Total Dollar Value of Contract: $1~)Js()2~QQ Current Year Portion: $1("?J2Q2()Q
Budgeted? Yes X No Account Codes: 125-06029-530490 CC06l6-XXXXXX
Grant: $76,86200
County Match: $0.00
ADDITIONAl, COSTS
Estimated Ongoing Costs: $2,857.00 For: Staff support-filing reports, oversight
(Not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes ~ Date Out
Ye~D~~~~~
D r7l \\1 '.1: \
Y es NOi:.~j':" tl!J, iLL/>,,....
__~_'"'~'---,_~."-'"'-____..______.___.__.__,_._______.,..,_".__'.'_'____"W__
Division Director
Risk Management
O~B./purchaSing _~.bJb''lo Y esD NoD
Ct{7/D0
~(;,
County Attorney
. /) ,,/2. f
Y esD No~ //af..;;[~L..~-.S:S.~l~-
Comments:
P-<;1) "N.J~/
OMB Form Revised 9111/95 Mep #2
EDWARD BYRNE STATE AND LOCAL LAW ENFORCEMENT
FORMULA GRANT FUNDS AGREEMENT
'nns ACJREEMENT is made and entercd into this _~___ day of
2006, by and between The Monroe County Board of County
Commissioners, a political subdivision of the State of Florida, whosc address is I 100 Simonton
Strcct, Kcy Wcst, FL 33040, hereinaftcr refcrred to as "COUNTY," and The Monroe County
Sheriff's Office, hereinafter rcferred to as "SHERIFF."
WITNESSETH
WHEREAS, the Florida Dcpartment of Law Enf()rcemcnt has awarded a sub-grant of
Edward Byrne Statc and Local Law Enforcemcnt Formula Grant Funds to thc COUNTY to
implement a program that providcs Livescan fingerprinting equipmcnt, and
WF-IEREAS, thc County is in nccd of an implcl11cnting agency to provide said services
under this Prol::,'Tam; and
WHEREAS, the SHERIFF is the sole providcr of this program; and
WHEREAS, the COUNTY has agrecd to purchasc Livescan fingcrprinting equipmcnt f(w
use by the SHERIFF in accordancc with the COUNTY'S application and agrcement with FDLE
f()j- the Edward Byrne Statc and Local Law Enf-()[cemcnt Formula Grant Funds,
NOW THEREFORE, in considcration of the mutual understandings and agreements set
forth hcrein, thc COUNTY and the SHERIFF agrec as f(jllows:
I. TERM - The term of this Agreement is from March I, 2006, through August 3 I ,
2006, thc datc of thc sil::,'Tlature by thc parties notwithstanding, unless carlier terminated as
provided herein.
) SERVICES Thc SHERIFF will provide Livescan fingerprinting services as
outlincd in thc COUNTY'S Bymc Formula Grant Program Sub-grant Award, attached and made
a part hercof
3. OWNERSHIP - As subgrantee, the COUNTY will rctain ownership of all
equipment purchased under this agreement. The equipment will be maintained in thc
COUN'ry'S inventory, and the SHERIFF will comply with all rcasonable requests from the
COUNTY regarding periodic checks of inventoried property. The SHERIFF will notify the
COUNTY in the event of relocation of any of the equipmcnt purchascd by thc C01.JNTY under
this agrecmcnt.
4. FUNDS - The total project budget to be expended by the COUNTY in
perf(mnance of the services set forth in Section 2 of this agreement shall be the total sum of
$76,862.00. The total sum represents federal grant/state sub-grant support in the amount of
$57,646.00 and Florida Department of Law Enforcement matching funds in the amount of
$l9,219.00. All funds shall be distributed and expended in accordance with the Project Budget
Narrative submitted as outlined in the grant agreement.
5. INCORPORATION BY REFERENCE - The provisions of those certain
documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of
Law Enf()rcement Subgrant Award Certificate and Application" therefor and all laws, rules and
regulations relating thereto are incorporated by reference, (Attachment A).
6. IMPLEMENTING AGENCY BOND - The SHERIFF is an implementing agency
under the COUNTY'S Edward Byrne State and Loeal Law Enforcement FOlIDula Grant Prob'Tam,
and shall be bound by all the provisions of the documents incorporated by reference in Section 4
of this Agreement. Additionally, the SHERIFF shall be bound by all laws, rules, and regulations
relating to the COUNTY'S perfonnance under the Edward Byrne State and Local Law
Enforcement Fornmla Grant Program.
7. BILLING AND PAYMENT
(a) The COUNTY shall render to the Florida Department of Law Enforcement, at the
close of each calendar quarter, an itemized invoice properly dated, describing the services
rendered, the cost of the services, and all other infonnation required by the Program Director for
reimbursement.
8. TERMINA TION 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 services provided by the SHERIFF
after the SHERIFF has received notice of tennination. In the event there are any unused Edward
Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds, the
SHERIFF shall promptly refund those funds to the COUNTY or otherwise use such funds as the
COUNTY directs.
9. 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 Richard Roth
5525 College Road
Key West, FL 33040
Either of the parties may change, by written notice as provided above, the addresses or persons
f()r receipt of notices.
lO. UNA V AlLABILITY OF FUNDS - If the COUNTY shall learn that funding from
the Florida Department of Law Enforcement 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 oftermination 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.
1l. COMPLIANCE WITH LAWS AND REGULA TlONS - In providing all services
pursuant to this AbJfeement, the SHERIFF shall abide by all statutes, ordinances, rules, and
regulations peliaining to, or regulating the provision of: such services, including those now in
effect and hereafter adopted, and particularly Article l, Section 3 ofthe 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. It:
after thirty (30) days, the breach has not been cured, the contract will automatically be
terminated.
l2. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement
shall assign this Agreement or any interest under this AbJfeement, or subcontract any of its
obligations under this Agreement, without the written consent of the other.
13. EMPLOYEE STATUS Persons employed by the SHERIFF in the performance
of services and functions pursuant to this Agreement shall have no claim to pension, worker's
compensation, unemployment compensation, civil service or other employee rights or privileges
granted to the COUNTY'S officers and employees either by operation oflaw or by the
COUNTY.
14. INDEMNIFICATION - The SHERIFF abJfees to hold hannless, indemnify, and
defend the COUNTY, its commissioners, officers, employees, and agents against any and all
claims, losses, damages, or lawsuits for damages, arising from, allegedly arising fi-om, or related
to the provision of services hereunder by the SHERIFF.
15. 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 abJfeements presently in effect
between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Ab'reement 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
By:
Deputy Clerk
Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
MONROE COUNTY SHERIFF'S DEPT.
By:
Title:
.,4
Florida Department of Law Enforcement
Guy iJ/J. Tunnell, Commi.s'sioner
.Ieh Bush, (J/rvcrnor
Cllar/ie Crist, A {torneF (fellera!
Ji)ilI Ga/!agh('l; Chief'Financfal qj}icer
Cha,.!"s II Bronso!1, ('ommissiol7cr oj'Agricu/rurc
M'\ v 2 3 2006
The Honorable Charles "Sonny" McCoy
Mayor of Monroe County
530 Whitehead Street
Key West, Florida 33040
MAY 3 0 2000
OM8
Re: 06-CJ-K3-11-54-01-264 / Criminal History Record Improvement-
Livescan
Dear Mayor McCoy:
The Florida Department of Law Enforcement is pleased to award a Byrne State and Local
Law Enforcement Formula Grant in the amount of $57,646 to your unit of government.
These funds shall be utilized to implement a Byrne Program under Purpose Area l5C _
Criminal Justice Record Improvement.
A copy of the approved sub grant application with the above referenced grant number
and project title is enclosed for your file. All correspondence with the Department should
always refer to the grant number and project title.
Your attention is directed to Seetion G of the sub grant, "Acceptance and Agreement".
These conditions should be reviewed carefully by those persons responsible for project
administration to avoid delays in project completion and cost reimbursements. Also, you
should review the enclosed Subgrant Award Certificate. This certificate contains important
information that applies to this award.
The enclosed Certificate of Acceptance should be completed and returned to the Department
within 30 calendar days from the date of award. This certificate constitutes official acceptance
of the award and must be received by the Department prior to the reimbursement of any
project expenditures.
Committed to
Service. integrity' Respect. Quality
Office of Criminal Justice Grants
Post Office Box 1489, Tallahassee, Florida 32302-1489' (850) 410-8700
www.fdle.state.fl.us
The Honorable Charles "Sonny" McCoy
Page Two
We look forward to working with you on this project. If we can be of fmiher assistance,
please contact Janice Parish at (850)4l 0-8700.
Sincerely,
()()/ /J. W~
~~;;l\t1lder
Admimstrator
CHW/JP/dh
Enclosures
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
Byrne Formula Grant Program
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative,
acknowledges receipt and acceptance of subgrant award number
06-CJ-K3-ll-54-0l-264 in the amount of $57,646,
for a project entitled: Criminal History Record Improvement _
Livescan
for the period of 03/01/2006 through 08/31/2006, to be implemented
in accordance with the approved subgrant application, and subject to
the Florida Department of Law Enforcement's conditions of acceptance
and agreement and special conditions governing this subgrant.
(Signature of Authorized Official)
(Date of Acceptance)
(Typed Name of Official)
(Typed Title of Official)
Monroe County
(Name of Subgrantee)
MONROE COUNTY ATTOhl\Jt;. Y
APPROVED A~_TO F3)RM:
).,/;/, / / .i / ,? (<'"i <~/I
'i{:ifJf,."ii'..' A '''-', \ .
I NATILEENE W, CASSEL
ASSISTANT.en. \~:y ATTORNEY
fr _ i~____
Date f f
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
Byrne Formula Grant Program
SUBGRANT AWARD CERTIFICATE
Subgrantee: Monroe County Board of Commissioners
Date of Award:
1,1 II \/ :; 3
11,1-\ I _
Grant Period:
From: 03/01/2006 To: 08/31/2006
Project Title: Criminal History Record Improvement _
Livescan
Grant Number: 06-CJ-K3-11-54-01-264
Federal Funds: $57,646.00
State Agency Match:
Local Agency Match: $19,216.00
Total Project Cost: $76,862.00
Program Area: 15C
Award is hereby made in the amount and for the period shown above
of a subgrant under Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, P.L. 90 351, as amended, and the Anti-Drug
Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee
and subject to any attached or special conditions.
This award is subject to all applicable rules, regulations, and
conditions as contained in the Financial and Administrative Guide
for Grants, Guideline Manual 7100.lD, Office of Justice Programs,
Common Rule for State and Local Governments or OMB Circulars
A-87, A-l10 and A-21, in their entirety. It is also subject
to such further rules, regulations and policies as may be reasonably
prescribed by the State or Federal Government consistent with the
purposes and authorization of P.L. 90-351, as amended, and
P.L. 100-690.
06-CJ-K3-11-54-01-264
SUBGRANT AWARD CERTIFICATE (CONTINUED)
This grant shall become effective on the beginning date of the
grant period provided that within 30 days from the date of award,
a properly executed Certificate of Acceptance of Subgrant Award
is returned to the Department.
Official
Clayton H. Wilder
Administrator
S-~3-D{p
Date
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
Byrne Formula Grant Program
The purchase order should be faxed to one of the following
numbers:
714-237-0050
847-761-4989
847-761-4958
or mailed to:
Motorola/Printrak
1250 North Tustin Ave.
Anaheim, CA 92807
Attn: Jayne Goodall
Please include the following statement on the purchase
order: "FOLE quantity discount program, Phase 1".
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Gra
Please read instructions before completing this application.
eD
MAY03"'
1006
The term "Department", unless otherwise stated, refers to the Department of Law Enforceml.~nt. OF,
The term "OCJG" refers to the Office of Criminal Justice Grants. ("I1JMINN.J~FICEOF
The term "subgrant recipient" or "subgrantee" refers to the governing body of a city. county, state agenc ,
Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior. .
The term "implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an
agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). It may also be an entity
eligible to be a subgrantee (ex. City of Live Oak)
Instructions are incorporated in this document by reference.
.
.
.
.
.
A. c. Data
1. This section to be completed by Subgrantee 2. This section to be completed by OCJG
Continuation of Previous Subgrant? Yes X No Project 10 ~4 I Progrrm Area #: I CFDA #; 16.579
If Yes, enter CJ Contract # of Previous Subgrant OLf - 2'0 .<; C
SFY 2004 CJ Contract # SFY 2005 CJ Contract #
200~ CJ - 1\3.-lL.Sj -Qi. 2.G<j
.- '--.- \0
B. Applicant Information
1. Subgrant Recipient (Subgrantee)
Name of Subgrant Recipient (Unit of Government): Monroe County Board of County
Commissioners County
Name of Chief Elected Official/State Agency Head: Charles "SonnVMcCoy
Title: Mayor Monroe
Address 530 Whitehead Street Area Code / Phone #
305-292-3430
City, County, State, Zip Code: Key West, Monroe, Florida 33040
E-mail Address: Area Code / Fax #
305-292-3577
2. Chief Financial Officer of Subgrant Recipient (Subgrantee)
Name of Chief Financial Officer: Danny L. Kolhage County
Title: Clerk of the Circuit Court Monroe
Address: 500 Whitehead Street Area Code / Phone #
f--. 305-295-3550
City, County, State. Zip Code: Key West. Monroe. Florida 33040 SUNCOM #
E-mail Address: Area Code / Fax #
305-295-3660
3. Implementinq Aqencv
Name of Implementing Agency: Monroe County Sheriffs Office
Name of Chief Executive Official/State Agency Head / Subgrantee representative County
(if a subordinate agency of the subgrant recipient): Richard D. Roth
Title: Sheriff Monroe
--
Address: 5525 College Road Area Code / Phone #
305-296-2424 --
City, County, State, Zip Code: Key West, Monroe, Florida 33040 SUNCOM #
E-mail Address: rroth@keysso.net Area Code / Fax #
A AM ~098
FDLEJ~y!ne F(]rmul.<!..c;ran.tjp~/ication Pack.~g~__~_____.____ Grant Application
Section /I - Page 1
Rule 110.9006 OCJG 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
r-----~P;:oject Director ----~~,-~-" ---
I--
Name of Project Director:
David P. Owens County
Title: Grants Administrator MONROE
Address: 1100 Simonton Street Area Code / Phone #
305-292-4482
City, County, State, Zip Code: Key West, Monroe, Florida 33040 SUNCOM #
E-mail Address: RROTH@KEYSSO.NET Area Code / Fax #
5. Contact "" "VI 305-292-4515
"-
Name of Contact Person:
David P. Owens County
Title: Grants Administrator MONROE
Address: 1100 Simonton Street Area Code / Phone #
305-292-4482
City, County, State, Zip Code: Key West, Monroe, Florida 33040 SUNCOM #
E-mail Address: Area Code / Fax #
Owen s-d avi d@monroecounty-f1. gov 305-292-4515
6. Person Responsible For Financial Reporting (if known) -"
Name: David P. Owens County
Title: Grants Administrator MONROE
Address: 1100 Simonton Street Area Code / Phone #
305-292-4482
City, County, State, Zip Code: Key West, Monroe, Florida 33040 SUNCOM #
E-mail Address: owens-david@monroecounty-f1.gov Area Code / Fax #
305-292-4515
__ 7. Person Responsible For Programmatic Performance Reporting (if known)
Name: David P. Owens County
Title: Grants Administrator Monroe
Address: 1100 Simonton Street Area Code / Phone#
305-292-4482
City, County, State, Zip Code: Key West, Monroe, Florida 33040 SUNCOM #
E-mail Address: owens-d avid@monroecounty-f1.gov Area Code / Fax #
305-292-4515
8. Service Provider Contact Person
Name: Patricia Almeda Welichko
County
Title: Director Monroe
Address: 5525 College Road Area Code / Phon-efj
305-292-7058
City, County, State, Zip Code: Key West, Monroe, Florida 33040 SUNCOM #
E-mail Address: palmeda@keysso.net Area Code / Fax #
305-292-7098
"~~"'-"'~~'-~'--
_FDLE Byrn~ Formula Graf)LJlPplication '=CJEJ5ilIJ~_____~___________~rant Appfication_
Section /I . Page 2
Rule 110-9.006 OCJG 005 (rev April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
C. Administrative Data
1. Project Title: Criminal History Record Improvement
2. Identify the year of the project (I, II, III, etc.)
3. Project period I Start: March 1, 2006 I End: August31, 2006
D. Fiscal Data
Remit Warrant to: (This may only be either the individual listed in 82 (Subgrantee CFO) or a designee in
their office. If 82 is selected, do not reenter the contact information. This is only needed for desionee.
82 XXXX
OR
DESIGNEE
Name:
Title:
Address:
City, State, Zip
Phone Number:
2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer proqram?
(Reimbursement cannot be remitted to any entity other than the subgrantee.)
Yes No
3. Frequency of Fiscal Reporting: Monthly_ Quarterly XXXX
4. Subgrant Recipient FEID #:
5. State Agency SAMAS #: Not applicable
6. Project Generated Income (PGI):
Will the project earn PGI? (See Section G, Item 9.) Yes - No XXXX
7. Cash Advance: Will you request an advance?
Yes - Amount No
If yes, a letter of request must be submitted with the application or prior to submission of the first claim for
reimbursement. Amount requested must be justified and accepted by FDLE.
FDLE Byrne Formula Grant Application Package
Grant Application
Section 1/ - Page 3
OCJG - 005 (rev. April 2004)
Rule 11 D-9006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
E. Proiect Narrative
1. Problem Identification: Briefly describe a specific problem to be addressed
with subgrant funds in terms of Problem Description, Problem Significance and
Needs Assessment, as described in the application instructions. Continue
narrative on a second page if necessary. Do not exceed two pages. Use a
readable size font, per instructions.
The Monroe County Sheriffs Office will purchase two Livescan workstations. Persons arrested
will be fingerprinted on this equipment and the data will then be submitted to the Florida
Department of Law Enforcement (FDLE) electronically for inclusion in the state's
Computerized Criminal History file. The result is that the Sheriff's Office will be able to
positively identify the subject arrested and FDLE will be able to maintain complete and accurate
criminal history data for arrests occurring in Monroe County. This data is used by criminal
justice and non-criminal justice agencies on a daily basis to make decisions.
FDLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 4
OCJG - 005 (rev Ap ril 2004)
Rule 110-9.006
- Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
2. Project Description: Briefly describe proposed project activities. Refer to
Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You
should include project goals, admin istration, enhancement/expansion, staff,
service providers, clients or other participants, equipment, location, and expected
project results, as described in the application instructions
This section should address the basic points of who, what, when, where, and how.
Continue on additional a es if necessa ; do not exceed three a es.
Funds obtained from this grant application will be used to purchase one Livescan
workstation. FDLE and the Sheriffs Office have agreed to the following Memorandum
of Understanding (MOU) regarding this project.
Memorandum of Understanding
This agreement between the Florida Department of Law Enforcement (FDLE) and
Monroe County Sheriffs Office (Local Agency) establishes relationships for the
initiation and continued operation of information systems supporting electronic capture
and transmission of arrest data and criminal fingerprint images.
FDLE shall:
· Coordinate installation of two Live Scan Workstations to be purchased by the
Local Agency and placed in Local Agency's facilities.
· Provide frame relay network access between FDLE and the equipment
provided under this MOU.
· Provide or arrange training on the use of the installed equipment.
· Provide written operating guidelines for accessing state databases using the
equipment provided by FDLE.
· Operate and maintain a database of tenprint records and unsolved latent
prints accessible 24 hours per day, seven days per week.
· Coordinate installation of FDLE or vendor initiated software upgrades for
installed equipment to ensure continued interface with state databases.
· Provide certification training of operators when necessary.
· Provide on-site assistance to the local agency for maximizing effectiveness
in operating equipment used for capture and transmission of fingerprint and
arrest data.
· Search new arrest fingerprints against unsolved latent data and notify
contributing agency of positive identifications.
· Provide certified fingerprint analysts at FDLE to support tenprint search and
identification 24 hours per day, seven days per week.
FDLE Byrne Formula Grant Application Package
Grant Application
Section II - Page 5
OCJG - 005 (rev April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
· Establish operating priorities and policies that maximize the effective use of
this technology to users statewide.
· Plan for future growth to ensure continued operation of this support function.
Local Agency shall:
· Purchase required equipment.
· Immediately identify a project officer to coordinate activities relating to this
MOU.
· Establish a mutually agreeable schedule for equipment delivery and
transition to electronic transmission of arrest and fingerprint data to FDLE.
· Fund for and complete any necessary local facility modifications (e.g., power
or local communications wiring) that may be required to properly house and
operate the equipment provided by FDLE.
· Budget for and assume maintenance responsibility for equipment.
· Complete fingerprint and arrest information for timely electronic transmission
to FDLE in the format specified by the National Institute for Standards and
Technology (NIST) to include the Type 2 record definition supplied by FDLE.
· Comply with Offender Based Tracking System (OBTS) numbering for ten
print submissions as defined by FDLE.
· Adhere to FDLE's policies and procedures regarding certified operators for
FCIC and tenprint operations.
· Comply with FDLE operational guidelines for accessing the state database.
· Set a yearly goal to submit 100% of all fingerprint records processed within
county.
__fDLE BX0e Formula Grant App!~ation t:i1.Ekage_
Grant Aeplication_
Section /I - Page 6
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
Program Objectives and Performance Measures: to three types
objectives may be included in this section of your subgrant application, i.e.,
Uniform Objectives, Project-Specific Objectives and Self-Generated Objectives.
you are proposing a project in one of the Authorized Program Areas with no
Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 410-
8700 for further Continue on a second if necessary.
a. List the number and title of the Program Area to be addressed. Refer to
Appendix II, Part II, for a listing of authorized program areas. (Select only 1
Program Area)
15C
(#)
Criminal Justice Records Improvement
(Title)
b. List Uniform Objectives first, followed by any other appropriate objectives you
may wish to address. If additional objectives are included, please identify
whether they are Project Specific or Self-Generated Objectives. Uniform and
Project Specific Objectives form the basis for collection of data and quarterly
performance reporting.
Uniform Obiectives (Mandatory, copy as worded for the program area
addressed and include all appropriate questions.
Include Objectives from only 1 program area, Objectives
from a different program area could be included as
Project Specific Objectives).
Implement and upgrade Automated Fingerprint Identification Systems (AFIS) and
purchase supporting Iivescan equipment. (Reference; Action Step 5 in the CJRI Plan.)
Part i-During this reporting period, did you order AFIS equipment? Please describe in
the report narrative.
15C.10 Part 2- During this reporting period, did you install and test equipment? Please describe Y/N
in the report narrative.
Part 3-During. this reporting period, did AFIS equipment become operational? Please
describe in the report narrative. In this narrative, please also indicate how many
fingerprints you processed using AFIS equipment durinq this period.
FDLjiByrne Formula Grant Applici'ition Package___~_~
.______.Q@nt~plication
Section" - Page 7
OCJG 005 (rev April 2004)
Rule 11 D-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
4. Activity Implementation Schedule. Complete the Activity Implementation Schedule
showing when activities in the Program Description will commence and how the project will
progress. This chart benchmarks planned activities, both administrative and programmatic.
An "X" has been inserted for reports with mandatory due dates for all projects. Place an
additional "X" to indicate times applicable to your project, as illustrated for quarterly program
reports. Make a detailed listing of key activities under the heading "Programmatic
Activities." Your Quarterlv Performance Reports will be reviewed aqainst this schedule.
March 1. 2006 - AUQust 31 , 2006
Subgrant Period (Beginning Date - Ending Date)
Administrative Activities
ACTIVITY Oct Nav Dec Jan Feb Mar Apr Mav Jun Jul Auq Sep
Submit Financial Reimbursement X X X
Requests
Submit Financial Closeout Package X
Submit Quarterly Program Reports X X X
Submit Quarterly PGI Reports
(If applicable)
Programmatic Activities
(Continue on a second page if necessary.)
Be sure to include activities mentioned in the Project Description
ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
15C.10 Implement and upgrade
Automated Fingerprint Identification X X X X X X
System (AFIS) and purchase
supporting livescan equipment.
FOLE Byrne Formula Grant Application Package
Grant Application
Section /I - Page 8
OCJG 005 (rev April 2004)
Rule 110-9006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits,
Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total
Project Costs. Total Local Match must be a minimum of 25% of the Total Budget.
b. Enter the amount of federal, matching, and total funds by budget category that you will use to
support project activities. Enter dollar amounts only in applicable categories based on totals
from the Budget Narrative and leave others blank. Total Local Match must be a minimum of
25 percent of the Total Budget.
c. Show all figures rounded to the next highest dollar; do not include cents.
(Example $4,505.25 as $4,506).
Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank.
Budget Category
Federal
Match
Total
Salaries And
Benefits
NONE
NONE
NONE
Contractual
Services
NONE
NONE
NONE
Expenses
NONE
NONE
NONE
Operating Capital
Outlay
$57,646
$19,216*
$76,862
Indirect Costs
NONE
NONE
Totals
$57,646
$19,216*
$76,862
NOTE: FDLE will provide the matching funds for this application.
FDLE Byrne Formula Grant Application Package
Grant Application
Section /I - Page 9
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
2. Bud et Narrative
a. The Project Budget Narrative may reflect costs in any of the five budget categories
(Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay
(OCO), Indirect Costs). The Total Project Costs should be included.
b. You must describe the line items for each applicable budget category for which you are
requesting subgrant funding. Provide sufficient detail to show cost relationships to
project activities. Reimbursements will only be made for items clearly identified in the
budget narrative.
c. Costs must not be allocated or included as a cost to any other federally financed
program.
Continue on additional a es if necessa .
Budget Narrative:
Salaries and Benefits:
NONE
Contractual Services
NONE
Expenses:
NONE
Operating Capital Outlay:
$76,862
The Monroe County Sheriffs Office will purchase two Livescan Workstations, at a
cost not to exceed $76,862.
Indirect Costs:
NONE
TOTAL:
$ 76,862
. FDLE Byrne Formula Grant Application Package
Rule 110-9.006
Grant Application
Section 11- Page 10
OCJG - 005 (rev Apri 12004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
G. Conditions of Acceptance and Agreement
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 com ply with provisions of this agreement will result in required corrective action
up to and including project costs being disallowed and term ination of the project, as specified in item 16 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 and Byrne Program Guidance as well as Florida laws and regulations including
the Florida Administrative Code Chapter 11 D-9, Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to
comply with all Federal statutes, regulations, policies, guidelines and requirements, including
OMB Circulars A-21, A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common Rule and Part 67, Drug-free Workplace.
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles of allowability and standards for selected cost items set forth in the OJP Financial
Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal
OMS Circular A-8?, "Cost Principles for State.L 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-
110, or OMS Circular A-102, and Florida law to be eligible for reimbursement.
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, by February 1, May 1, August 1, and within forty-five (45) days after the subgrant
termination date. 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 16, Performance of Agreement Provisions.
(2) Report Contents: Performance reports must include both required sections, the quantitative
response (in response to specific objectives and measures) and the qualitative narrative.
The narrative must reflect on accomplishments for the quarter, incorporate specific items
specified for inclusion in performance measures, and also identify problems with project
implementation and address actions being taken to resolve the problems.
Other Reports:
The recipient shall report to the Uniform Crime Report and other reports as may be reasonably
required by the Department.
FDLE BETie Formula Grant ~[Jlicatio'2!:~~~____~_______.._._ Grant Application
Section" - Page 11
Rule 11 D-9.006 OCJG - 005 (rev April 2004)
Application for Funding Assistance
Florida Department of law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
b. Financial Reports
(1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly
Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1-11)
are due thirty-one (31) days after the end of the reporting period. Quarterly Project
Expenditure Reports (1-3) are due thirty-one (31) days after the end of the reporting period.
In addition, if the subgrant award period is extended, additional Financial Claim Reports shall
be submitted. A final Project Expenditure Report and a Criminal Justice Contract (Financial)
Closeout Package shall be submitted to the Department within forty-five (45) days of the
subgrant termination period. Such claim shall be distinctly identified as "final".
(2) 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 (OCGJ). A subgrant recipient shall submit either monthly or quarterly project
expenditures in order to report current project costs. Reports are to be submitted even when
no reimbursement is being requested.
(3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and
post-audit.
(4) Before the "final" project expenditure request 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
reim bursement.
(5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to the
Department by February 1, May 1, August 1, and within forty-five (45) days after the subgrant
termination date covering subgrant project generated income and expenditures during the
previous quarter. (See Item 9, Program Income.)
c. Other Reports
The subgrant recipient shall submit 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 OJP Financial Guide (as
amended), U.S. Department of Justice Common Rule for State and Local Governments, and
federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-110, 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.
--.EDL_E Byrne Formula_Grant Application Package
Grant Application
-~ction 11- Paget2
OCJG 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
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
reim bursement.
7. Advance Funding
Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each
project according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, and the U.S.
Department of Justice Common Rule for State and Local Governments. Advance funding shall be
provided to a subgrant recipient upon a written request to the Department. This request, shall be
either enclosed with the subgrant application or su bmitted to the Department prior to the first request
for reim bursement. Justification should address a 30/60/90-day need for cash based on the budgeted
activities for the period.
8. Travel and Training
a. All travel expenses relating to field trips with youth requires written approval of the Department
prior to commencement of actual travel.
b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of
provisions in Section 112.061, Florida Statutes.
c. All bills for any travel expenses shall be subm itted according to provisions in Section 112.061,
Florida Statutes.
9. Program Income (also known as Project Generated Income)
Program income means the gross income earned by the subgrant recipient during the subgrant
period, as a direct result of the subgrant award. Program income shall be handled according to the
OJP Financial Guide
and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR
Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash
Management Improvement Fund).
10. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment of a
consultant when their 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 OJP
Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in
applicable state statutes. The Department's approval of the subgrant recipient agreement does not
constitute approval of consultant contracts.
11. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes
during its useful life or request Department disposition.
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 OJP Financial
Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal
OMS Circular A-110 or A-102, as applicable. This obligation continues as long as the subgrant
recipient retains the property, notwithstanding expiration of this agreement.
FDLE Byrne Formula Grant APP!ic;_<!fjon Pac~~.____..___________~~ant Application
Section 11- Page 13
Rule 110-9.006 OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
12. 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 OJP Financial Guide (as amended),
and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal
OMB Circular A-110 or A-102, as applicable.
13. 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
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with
support funded under this grant agreement.
14. Publication or Printing of Reports
The subgrant recipient shall submit one copy of all reports and proposed publications resulting from
the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound),
whether published at the recipient's or government's expense, shall contain the following statement:
(NOTE: This excludes press releases, newsletters, and issue analysis.)
"This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office of
Justice Programs, U.S. Department of Justice. Points of view in this document are those of the
author and do not necessarily represent the official position or policies of the U.S. Department of
Justice."
15. 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 Sections 11.45 and 215.97, Florida
Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General.
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 and
will be returned to the subgrant recipient.
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 noncom pliance with federal laws and regulations.
FDLE Byrne Formula Grant Application Package
Grant Application
Section /I - Page 14
OCJG - 005 (rev April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
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 OBM 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.
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 notification of non-applicability should be sent to the following
address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
16. 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.
17. Commencement of Project
a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the
subgrant recipient shall send a letter to the Department indicating steps to initiate the project,
reason for delay and request a revised project starting date.
b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the
subgrant recipient shall send another letter to the Department, again explaining the reason for
delay and request another revised project starting date.
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 amendment to this agreement.
18. 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
FDLE Byrne Formula Grant Application Package
Grant Application
Section 1/ - Page 15
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
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,
(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 De partment shall ascertain the facts and the extent of
such failure, and if the Department determines that anyfailure to perform was occasioned by one
or more said causes, the delivery schedule shall be revised accordingly.
19. Written Approval of Changes in this Approved Agreement
Subgrant recipients shall obtain approval from the Department for major substantive changes. These
include, but are not limited to:
a. Changes in project activities, target populations, service providers, implementation schedules,
designs or research plans set forth in the approved agreement;
b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may
transfer funds between budget categories as long as the total amount of transfer does not
exceed ten (10) percent of the total approved budget and the transfer is made to an approved
budget item; or,
c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is
approved by the Department. Transfers do not allow for increasing the quantitative num ber of
items documented in any approved budget item, i.e., increasing the quantity of equipment items
in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits
category. )
d. Under no circumstances can transfers of funds increase the total budgeted award.
20. 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 Chapter 120,
Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Adm inistrative Code.
Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120,
Florida Statutes.
_.EDLE Byrne Formula Grant Application f!.ackagij!_...~~_~~____._~.__(3rant Appli..C?.ation
Section 1/ - Page 16
Rule 110-9.006 OCJG 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
21. 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 privilege of visiting the project site to monitor, inspect and assess work performed under this
agreement.
22. 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 OJP Financial Guide (as amended), and the U.S. Department of Justice
Common Rule for State and Local Governments.
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 Chapter 119, Florida Statutes, and
made or received by the subgrant recipient or its contractor in conjunction with this agreement.
23. 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.
24. 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 and the ADP Justification 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.
25. 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.
26. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for the
Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department must be
notified in writing with documentation to include appropriate signatures.
27. 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 Chapter 435, Florida Statutes
shall apply.
FDLE Byrl2e Formula Grant Application Packj1g~_~__._.~_.__~.__Grant Application
Section /I - Page 17"
Rule 110.9.006 OCJG 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
a. All positions in programs providing care to ch ildren, 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 Chapter 435, F.S., 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 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. 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.
28. Drug Court Projects
a. A Drug Court Project funded by the Byrne Grant Program must contain the 10 key elements
outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program
Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This
document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700.
b. To ensure more effective management and evaluation of drug court programs, the subgrant
recipient agrees that drug court programs funded with this award shall collect and maintain follow-
up data on criminal recidivism and drug use relapse of program participation. The data collected
must be available to U.S. DOJ and FDLE upon request.
29. 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.
30. Criminal Intelligence System
a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems
Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose
of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets
Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the
privacy and constitutional rights of individuals.
b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to
certify that they operate a criminal intelligence system in accordance with Sections 802(a) and
_fDLE E}x!ne Formula Grant Application Pack~~___
Grant Application
._.~..- Section" .'Page 18-
OCJG 005 (rev. April 2004)
Rule 110.9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
818( c) of the Om nibus Crime Control and Safe Streets Act of 1968, as amended and comply with
criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in
the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this
certification is a prerequisite to entering into this agreement.
c. This certification is a material representation of fact upon which reliance was placed when this
agreement was made. If the subgrant recipient or criminal justice agency operates a criminal
intelligence system and does not meet Act and federal regulation criteria, they must indicate when
they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence
system project to be in compliance with the Act and federal regulation prior to the award offederal
funds. The subgrant recipient is responsible for the continued adherence to the regulation
governing the operation of the system or faces the loss of federal funds. The Department's
approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded
development or operation of a criminal intelligence system.
31. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of OJP's Financial Guide is required from all projects that are involved with
confidential funds from either Federal or matching funds. The signed certification must be submitted
at the time of grant application.
32. Equal Employment Opportunity (EEO)
a. No person, on the grounds of race, creed, color or national origin shall be excluded from
participation in, be refused benefits of, or otherwise subjected to discrimination under grants
awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act
of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act
of 1975; and, Department of Justice Non-Discrim ination Regulations 28 CFR Part 42, Subparts C,
0, E, F, G and H.
b. The subgrant recipient and the implementing agency agree to certify that they either do or do not
meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control
and Safe Streets Act of 1968, as amended and that they have or have not formulated,
implemented and maintained a current EEO Program. Submission of this certification is a
prerequisite to entering into this agreement. This certification is a material representation of fact
upon which reliance was placed when this agreement was made. If the subgrant recipient or
implementing agency meet Act criteria but have not formulated, implemented and maintained
such a current written EEO Program, they have 120 days after the date this agreement was made
to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System
Improvement Act of 1979, Pub. L. 96-157, 42 U .S.C. 3701, et seq. (Reference Section 803 (a) of
the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information).
c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or
more OR an aggregate of grant awards for $1 ,000,000 or more during any 18 month period in
federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR).
The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for
approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ,
OCR has approved an agency's EEO Plan during the two previous years, it is
not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its
approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an
updated Plan must be submitted.
FDLE Byrne Formula Grant Application Package
Grant Application
Section 1/ - Page 19
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
d. 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.
33. Americans with Disabilities Act
Subgrantees 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).
34. 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 27 4A( e) of the Immigration and Nationality Act ("INA"). 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.
35. National Environmental Policy Act (NEPA)
a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal
environmental impact analyses requirements in the use of subgrant funds by the sllbgrantee. 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 subgrantee 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.
b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants,
the subgrantee, upon specific request from the Department and the U.S. Department of Justice,
agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental
assessment of that funded program or activity.
36. Non-Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34
CFR, Part 85, Section 85.510, Participant's Responsibilities). 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.
. FD,=E Byrne Formula Grant Aeplication Package
..-.Si!j1nt Application
Section II - Page 20
OCJG 005 (rev. April 2004)
Rule 110-9006
Application for Fund ing Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
37. 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; or federal loan of $150,000 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 Section 1352, Title 31, United States
Code. 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. The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federally appropriated funds have been paid or shall be paid to any person for influencing
or attempting to influence an officer or employee of any federal agency, a member of
congress, an officer or employee of congress, or an employee of a member of congress in
connection with the awarding of any federal loan, the entering into of any renewal,
amendment, or modification of any federal contract, grant, loan or cooperative agreement.
(2) If any non-federal funds have been paid or shall be paid to any person for influencing or
attempting to influence an officer or employee of congress, or an employee of a member of
congress in connection with this federal contract, grant loan, or cooperative agreement, the
undersigned shall complete and submit the standard form, Disclosure of Lobbvinq Activities,
according to its instructions.
(3) The undersigned shall require that the language of this certification be included in award
documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and
disclose accordingly.
38. State Restrictions on Lobbying
In addition to the provisions contained in Item 38, above, the expenditure of funds for the purpose of
lobbying the legislature or a state agency is prohibited under this contract.
39. "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.
40. 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 assessmenUimpact
statements as required under the National Environmental Policy Act.
-EflLE Byrne Formula Grant ApplicationPackage
Grant Applic~tion_
Section /I - Page 21
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enfo rcement Assistance Formula Grant Program
3. General Requirement: The subgrantee 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 subgrantee und erstands and agrees that any program or initiative
involving the identification, seizure, or closure of clandestine methamphetamine laboratories can
result in adverse health, safety and environm ental 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 form a seized
laboratory's operations are placed or come to rest.
Therefore, the subgrantee 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 fu nding, 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 subgrantee 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 subgrantee 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 subgrantee 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 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
FDLE Byrne Formula Grant Application Package
.____.___ Gran~plication
Section 11- Page 22
OCJG 005 (rev April 2004)
Rule 11 D-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
9. Included among the personnel involved in seizing of clandestine methamphetamine
laboratories, or have immediate access to, qualified personnel who can respond to the
potential health needs of any offender(s)' children or other children present or living at the
seized laboratory site. Response actions should include, at a minimum and as necessary,
taking children into protective custody, immediately testing them for methamphetamine
toxicity, and arranging for any necessary follow-up medical tests, examinations or health
care.
41. Limited English Proficiency
National origin discrim ination includes discrimination on the basis of Iim ited English proficiency (LEP).
To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take
reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful
access may entail providing language assistance services, including oral and written translation when
necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with
Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by
contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address:
Office for Civil Rights
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW, Eighth Floor
Washington, DC 20531
42. The Coastal Barrier Resources Act
The subgrantee 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.
43. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
(a) have an adequate process to assess the im pact of any enhancement of a school security
measure that is undertaken on the incidence of crim e 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.
44. Environmental Protection Agency's (EPA) list of Violating Facilities
The subgrantee 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 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.
45. Flood Disaster Protection Act
The subgrantee will comply with Section 1 02(a) of the Flood Disaster Protection Act of 1973,
Public Law 93-234, 87 Stat. 975, requiring that the purchase offlood 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.
FDL_E Byrne Form(j!a Grant~pplication Pac~
Grant Application
Section II. Page 23
OCJG - 005 (rev. April 2004)
Rule 11 D-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
46. National Historic Preservation Act
The subgrantee will assist the Department in its com pliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological
and Historical Preservation Act of 1966 (16 use 569a-1 et seq.) by (a) consulting with the State
Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the
National Register of Historic Places that are subject to adverse effects (see 36 CFR Part SOO.S) by
the activity, and notifying the Department of the existence of any such properties and by (b) complying
with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects
upon such properties.
47. Omnibus Crime Control and Safe Streets Act
The subgrantee 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 1965, 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, M71 00.1; and all other applicable State and Federal laws, orders, circulars, or regulations.
48. Public Safety Officers' Health Benefits Provision
The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision
of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act (Pub. L. NO.1 07-77) and agrees to remain in compliance during the life
of the grant. This provision requires that the unit of local government which employs a public safety
officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of
1968, as amended) to afford such public safety officer who retires or is separated from service due to
injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while
responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the
same or better level of health insurance benefits at the time of retirement or separation as the officer
received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the
life of the grant, 10 percent of the award amount must be returned to the grantor.
_FDLE Byrne Cormula Grant ApE!.!icatio_n Packa[l~__.~__~____..______~r'!!1t Applicatio.l2..
Section 1/ - Page 24
Rule 110-9.006 OCJG 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
SUBGRANTEE CERTlFICA TlON
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime
Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . .
(Select one of the following):
xxx
Meets Act Criteria
Does not meet Act Criteria
I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I
understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and
maintain a written EEO Plan relating to employment practices affecting minority persons and
women. I also affirm that the Subgrant Recipient. . . (Select one of the following):
XXX _Has a Current EEO Plan
Does Not Have a Current EEO Plan
Has included a copy of the current approval letter from the US DOJ
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO
Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a
subgrant application for federal assistance is approved or face loss of federal funds.
Signature of Subgrantee Authorized Official
Type Name: Charles "Sonny" McCoy
Title: Mayor
oard of County Commissioners
~~
Subgrant Recipient:
Date:
FDLE Byrne Formula Grant Application PackarL~________.~~_._________ GranJ..ApEJ!ication
Section 11- Page 25
Rule 110-9006 OCJG _ 005 (rev. Apri 12004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
IMPLEMENTING AGENCY CERTlFICA TlON
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime
Control and Safe Streets Act of 1968 as amended, that this Implementing Agency. . . (Select one of
the following):
XXX Meets Act Criteria
Does not meet Act Criteria
I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I
understand that if the Implementing Agency meets these criteria, it must formulate, implement and
maintain a written EEO Plan relating to employment practices affecting minority persons and
women. I also affirm that the Implementing Agency. . . (Select one of the following):
XXX Has a Current EEO Plan
Does Not Have a Current EEO Plan
Is Included in the EEO Plan of the Subgrant Recipient.
Has included a copy of the current approval letter from the US DOJ
I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written
EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a
subgrant application for federal assistance is approved or face loss of federal funds.
~I f/1,~Le..1 tJ.f<rLe.- 4~
Signature of Implementing Agency Authorized Official
Type Name: Richard D. Roth
Name of Subgrant Recipient: Monroe County Board of County Commissioners
Name of Implementing Agency:
Monroe County Sheriffs Office
Title: Sheriff
Date:
I /
"SdgO(.
q i
I
_FDLE Byrne For'!2ula Gran~~lication Package
Grant ApplifCatio~
Section 1/ - Page 26
OCJG 005 (rev April 2004)
Rule 110-9.006
Sheriff
SUBSTATIONS,
Freeman Substation
20950 Overseas Hwy.
Cudjoe Key. FL 33042
(305) 745-3184
FAX (305) 745-3761
Marathon Substation
3103 Overseas Hwy.
Marathon, FL 33050
(305) 289-2430
FAX (305) 289-2497
Islamorada Substation
87000 Overseas Hwy.
Islamorada, FL 33036
(305) 853-7021
FAX (305) 853-9372
Roth Building
50 High Point Rd.. Suite 100
Tavernier. FL 33070
(305) 853-3211
FAX (305) 853-3205
Monroe CounfJ Slieriffls Office
'l\jcfiarrf'D. '1(otn, Sfierijl
5525 Coffege 1(paa
'X.!-y Westj :Jforiia 33040
(305)292-7000 :J5f.X: (305)292-70701-800-273-COPS
www.k:gysso.net
May 9, 2006
David P. Owens, Grants Admin.
County of Monroe
1100 Simonton St., Room 2-210
Key West, Florida 33040
Re: Signing Authority
Dear Mr. Owens:
As per your request, enclosed find copy of Chapter Two of the Monroe County
Sheriff's Office General Orders. Please note page 2: I, when the Sheriff and
Undersheriff are not available, command automatically succeeds to the Chief of
DETENTION CENTERS: Administration (Michael Rice).
Key West Det. Center
5501 College Road
Key West. R 33040
(305) 293-7300
FAX (305) 293-7353
Marathon Oet. Facility
3981 Ocean Terrace
Marathon. FL 33050
(305) 289-2420
FAX (305) 289-2424
Platation Det. Facility
53 High Point Road
Plantation Key, FL 33070
(305) 853-3266
FAX (305) 853-3270
SPECIAL OPERATIONS
P.O. Box 500975
Marathon. FL 33050
(305) 289.24 I 0
FAX (305) 289-2498
AVIATION DIVISION
10100 Overseas Hwy.
Marathon, FL 33050
(305) 289.2777
FAX (305) 289.2776
COMMUNICATrONS
2796 Overseas Hwy.
Marathon. FL 33050
(305) 289-235 I
FAX (305) 289-2493
I hope this is what you need, if for any reason it isn't, do not hesitate to contact
me.
~
Val Marinello
Sheriff's Aide
Ene.
..n..
~':f<<" -i:~
ktfi
') (_I)
CHAPTER TWO
OFFICE DIRECTION
I. PURPOSE
The purpose of this Directive is to establish guidelines for Office Direction.
II. DISCUSSION
This Directive shall apply to all Sheriffs personnel. The Sheriff of Monroe County, Florida is charged with
protecting the lives and property of its citizens and guests. Naturally, there may be times when the Sheriff
is outside the boundaries of Monroe County or may be otherwise incapacitated making it difficult for him to
carry out the mandates of his Office. Therefore, to ensure that the Office will continue to function in an
orderly fashion, the following system of succession is established to ensure that leadership is available
when the Sheriff is incapacitated, out of town, or otherwise unable to act. Procedures and policies have
been established to ensure accountability of Supervisors, to resolve conflicting orders, and to coordinate
efforts and communication through staff meetings. In addition, policies have been established to define
Authority & Responsibility and Unity of Command.
III. POLICY AND PROCEDURE
A. Order of Succession
In the event the Sheriff of Monroe County is incapacitated, off duty, out of town, or otherwise
unable to act, command shall automatically succeed in the following order, unless otherwise
directed:
1. Planned absences
a. Undersheriff
b. Chief of Administration
c. Designated Commander
d. Commander of Corrections
~ 2. Exigent circumstances - Where the Sheriff and Undersheriff. both are incapacitated or
othelWlse unable to act, command shall automatically succeed in the following order:
a. Chief of Administration
b. Commander of Corrections
c. Commander of Criminal Investigations
B. The Undersheriff is responsible for the day to day operations of the Monroe County Sheriff's
Office.
c. Accountability
In the areas of command, the Sheriff has appointed certain personnel to supervisory roles in order to
. carry out the effective administration of his Office. These supervisory personnel are accountable for
the performance of those under their immediate control. Effective direction, coordination, and control
are required from each level of supervision within the Office.
2:1
Application for Funding Assistance
- Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
H. Signature Page
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 duly authorized officers on the date, month and year set out below.
Corrections on this page, including
Strikeovers, whiteout, etc. are not acceptable.
Signature:
QQ~ tJ. ({h~
Typed Name and Title: Clayton H. Wilder, Community Program Administrator
Date:
c- J,3-o (p
Signature:
Typed Name and Title:
Charles "Sonny" McCoy. Mayor
-Y/Z-c;/OV
Date:
Typed Name of Imple
Sign~
Monroe County Sheriffs Office
7)
Typed Name and Title:
Date: ~/~~(,
Richard D. Roth. Monroe County Sheriff
-fQLE !}.~me Forl}2yla Grant Application Packa~__~___'________.___~i:I!!1 Application
Section 11- Page 27
Rule 110-9.006 OCJG _ 005 (rev April 2004)