Item P3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 18. 2009
Division: Monroe County Sheriff's
Offi ce
Bulk Item: Yes [gJ No D
Department: Grants Administration
AGENDA ITEM WORDING: Authorization for the Mayor to execute a
Memorandum of Understanding with the Monroe County Sheriff's Office for
the Department of Justice, Office of Justice Program for the Edward Byrne
Memorial Justice Assistance (JAG) Grant Program - Local Solicitation.
ITEM BACKGROUND: The Department of Justice, Office of Justice Programs
has awarded the JAG - Local Solicitation Grant to Monroe County based on
the Monroe County Sheriff's Office application. The Department of Justice
requires the recipient of these funds to be Monroe County. These funds will
be used by the Sheriff's Office to purchase computer software to improve the
effectiveness and efficiency of criminal justice as delivered by the Monroe
County Sheriff's Office.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATION: Approval
TOTAL COST: $23,972.00
BUDGETED: Yes [gJ No 0 (in-kind)
COST TO COUNTY: $0.00
REVENUE PRODUCING: Yes D No [gJ AMOUNT PER MONTH
YEAR
APPROVED BY:COUNTY A~ O~CHASING D RISK MGT"
DOCUMENTATION: INCLUDED: [gJ TO FOLLOW: 0 NOT REQUIRED: 0
DISPOSITION:
AGENDA ITEM #:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Effective Date: October 1, 2009
Expiration Date: September 30, 2010
Contract Purpose/Description: Monroe County is participating in the Edward Byrne / JAG - Local
Solicitation Grant Funding. The $23,972.00 from the grant will be used to purchase computer software for
the Sheriff's Office approved by the granting agency.
Contract with: Monroe County Sheriff
Contract Manager: Tamara Snider
(Name)
for BOCC meetina on November 18,2009
292-7092
(Ext.)
Monroe County Sheriffs Office
(Department)
Aaenda Deadline: November 3,2009
CONTRACT COSTS
Total Dollar Value of Contract: $23,972.00 Current Year Portion: $?3,972,00
Budgeted? Yes X No Account Codes: l-v5 - DlPo"* ~ 5IPOlpQ (;J -(..&11:1;'-1 -~ '10
Grant: $23,972.00
County Match: $0.00
ADDITIONAL COSTS: $0.00
Estimated Ongoing Costs: $0.00
CONTRACT REVIEW
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Com ments:------=-
OMB Form Revised 9/11/95 Mep #2
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 18th day of
November, 2009, by and between The Monroe County Board of County Commissioners, a
political subdivision of the State of Florida, whose address is1100 Simonton Street, Key West,
Florida 33040, hereinafter referred to as "COUNTY," and The Monroe County Sheriff's Office,
hereinatter referred to as "SHERIFF."
WITNESSETH
WHEREAS, Monroe County has been awarded a Department of Justice Grant under the
Recovery Act Edward Byrne Memorial Justice Assistance Program, and
WHEREAS, the COUNTY entered into an agreement for the sum of twenty-three
thousand nine hundred and seventy two dollars ($23,972.00) for the purchase of computer
sottware which was approved by the granting agency, and
WHEREAS, the SHERIFF has agreed to purchase law enforcement equipment for use
by the SHERIFF in accordance with the COUNTY'S agreement with the Department of Justice,
Office of Justice Programs,
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and the SHERIFF agree as follows:
1. TERM - The term of this Agreement is from October 1, 2009, through September
30, 2012, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein.
2. FUNDS - The total project budget to be expended by the COUNTY under this
agreement shall be the total sum of $23,972.00. There is no matching funds requirement. AU
funds shall be distributed and expended in accordance with the grant agreement (Attachment
A).
3. IMPLEMENTING AGENCY BOUND - The SHERIFF is an implementing agency
under the current COUNTY's Edward Byrne Memorial Assistance Grant Program, and shall be
bound by all the provisions of the documents, incorporated by reference, of this agreement. The
SHERIFF shall be bound by all laws, rules, and regulations relating to the Department of
Justice, Edward Byrne Memorial Assistance Grant Program.
4. INCORPORATION BY REFERENCE - The provisions of that certain document
entitled "Florida JAG Countywide American Recovery and Reinvestment Act of 2009" and all
laws, rules and regulations relating thereto are incorporated by reference (Attachment A).
5. AGENCY RESPONSIBILITIES UNDER GRANT
a) The COUNTY is the recipient of the grant and is bound by all of the terms and
conditions.
b) The SHERIFF will purchase the law enforcement equipment as outlined in the
COUNTY'S agreement with the Department of Justice, attached and made a
part hereof.
c) The SHERIFF wiU retain ownership of the approved equipment and will maintain
it on the Sheriff's inventory.
6. Billing and Payment
a) The SHERIFF shall render to the COUNTY, after purchase of the equipment, an
itemized invoice properly dated, describing the equipment purchased, the cost of
the equipment, and all other information required by the COUNTY for
reimbursement.
b) Upon receipt of the appropriate documentation the COUNTY shall draw the
money down from the granting agency.
c) Upon receipt of the money from the granting agency the COUNTY shall
reimburse the SHERIFF for said expenditures.
d) Payment shall be made atter review and approval by the COUNTY within thirty
(30) days of receipt of the correct and proper invoice submitted by the SHERIFF.
e) The SHERIFF will prepare and transmit, in a timely manner, all programmatic
and financial reports required by the granting agency. Prior to submission, the
SHERIFF will provide the reports to the COUNTY for approval.
f) The COUNTY shall monitor the SHERIFF's reporting activities to ensure the
reports are submitted in a timely manner and are complete.
g) The SHERIFF agrees to cooperate with the COUNTY to comply with the terms
and conditions, incorporated by reference, of this agreement.
7. TERMINATION - This Agreement may be terminated by either party at any time,
with or without cause, upon not less than thirty (30) days written notice delivered to the other
party. The COUNTY shall not be obligated to pay for any equipment ordered by the SHERIFF
atter the SHERIFF has received notice of termination. In the event there are any unused grant
Funds, the SHERIFF shall promptly refund those funds to the COUNTY or otherwise use such
funds as the COUNTY directs based upon the grant project budget as approved by the granting
agency.
8. NOTICES - Whenever either party desires to give notice unto the other, it must
be given by written notice, sent by registered United States mail, with return receipt requested,
and sent to:
FOR COUNTY
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL 33040
FOR PROVIDER
Monroe County Sheriff Robert Peryam
5525 College Road
Key West, FL 33040
Either of the parties may change, by written notice as provided above, the addresses or
persons for receipt of notices.
9. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the
Department of Justice cannot be obtained or cannot be continued at a level sufficient to allow
for the services specified herein, this Agreement may then be terminated immediately, at the
option of the COUNTY, by written notice of termination delivered in person or by mail to the
SHERIFF at its address specified above. The COUNTY shall not be obligated to pay for any
services provided by the SHERIFF after the SHERIFF has received notice of termination. The
COUNTY's obligation to reimburse the SHERIFF for incurred cost is subject to availability of
grant funds.
10. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services
pursuant to this Agreement, the SHERIFF shall abide by all statutes, ordinances, rules, and
regulations pertaining to, or regulating the provision of, such services, including those now in
effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State
of Florida and Article 1 of the United States Constitution, which provide that no revenue of the
state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect
or religious denomination or in aid of any sectarian institution. Any violation of said statutes,
ordinances, rules, or regulations shall constitute a material breach of this Agreement
immediately upon delivery of written notice of termination to the SHERIFF. If the SHERIFF
receives notice of material breach, it will have thirty days in order to cure the material breach of
the contract. If, atter thirty (30) days, the breach has not been cured, the contract will
automatically be terminated.
11. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement
shall assign this Agreement or any interest under this Agreement, or subcontract any of its
obligations under this Agreement, without the written consent of the other.
11. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be ~.,..
affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe..... . . ..,
County, Florida, on the day and year first written above. .,'.
\.-, _.,:,~/~.'"
(SEAL)
ATTEST: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
Witness
MOi\lROE COU[\1TY ATTC;::,.
APPRO~ AS TO FOFiM:
CJu.t.i~ · J ~u-&r.nf1b...i;4-
CHRISTINE M. L1f>J13ERT-BARfm'NS
ASSISTANT COUNTY ATTOFlI\jp':'Y
Date U-f3.J.d:3----.... .-.
MONROE COUNTY SHERIFFS-OFFICE
~~~
MARK L. wiLLIS
GENERAL COUNSEL
DATE: # &-V: :2.1 ~ a ~
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Department of Justice
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, ",1" !'EHENi
2009 Sf? 2/ PH~: 4S
Office of Justice Programs
Buresu of Juslice Assislance
Of['jce of Justice Programs
W",hinc"'n. D.c. 205.11
September 4, 2009
Sheriff Raben Peryaln
Monroe County
1100 Simonton Street
Key West, FL 33040
Dear SheriITPeryam:
On behalf of Attorney General Eric Holder, it is my pleasure to infoml you that the Office of Justice Programs has approved
your application for funding under the FY 09 Edward Byrne Memorial Justice Assistallce Grant Program: L(l(:al Solicitation in
the amount of $23,972 for Monroe County.
Enclosed you will find the Grll1lt Award and Special Conditions documents. This award is subject 10 all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance ofa minimum level of cash-an-hand. Should you not adhere 10 these requirements, you
will be in violation of the terms oflhis agreement nnd the award will be subjcclto termination for cause or other administrative
action as appropriate.
If you have questions regardinllthis award, plcase contact:
_ Program Questions, Yolaine Faustin, Program Manager at (202) 353-1720; and
. Financial Questions, lhe Office of the Chief Financial 0 ffieer, Customer Service Center (C SC) at
(BOO) 451$-0786, or you may contact the CSC at ask.ocfo@usdoj,gov,
Congratulations. and we look forward to working wilh you.
Sincerely,
crU~~'-
James H. Burch II
Acting DireclOr
Enclosures
ATTACHMENT IIAII
{<f1J
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'.
Department of Justice
Office of Justice Programs
omce for Civil Rights
Wmhinglo.. D.C. In.~J I
Seplem~ 4, 2009
Sheriff Robert Peryam
Monroe Count)'
1100 Simonton Str~ct
Ke)' West, FL 33040
Dellr Sheriff peryam:
CongratulaliuM on your recent award. In cstablishing financial assistance f1rograms, Congress linked the receipt of Federal funding to
compliance with Federal civil rights laws. The Office tor Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
is responsible tor ensuring lhal recipients of financial aid from OJP, its component offices and bureuLL~, \he Office on VI!)lencc Against
Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply With lIpplicable Federal civil rights statutes llnd
re\:ulations. We at OCR are aVllHable to help you and your organization meet thc civil righL~ requirements that comc with Justice
Department funding.
En~uring Accento Federally A5si5ted Programs
As YOll know, Federal laws prohibit recipients of financial a~~i~tnnce from discriminating on lhe ba~is of race, color, national origin,
religion, sex, ordisabilily in funded programs or IIctivities, not ollly in respect to employment practices but also in the delivery oiscrvices or
benefits. Federal law also prohibits funded programs or activities from discriminating on the basis cfage in the delivery of services or
benefits.
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance penainingto Title VI oflhe Civil Rights Act of 1964, 42 U.S.C. ~ 2000d, recipients of
Federal financial assistance must take reasonable steps I() provide meaningful access 10 their pHlb'l1lms and activities for persons with limited
English proficiellcy (LEI'). For more information on the civil rights responsibilities that recipients have in providing language services 10
LEP individUIIIs. please see the website at hltp:/lwww.lep,gov.
EnsurIng Equal Treatment for Faith-Based Organizations
The Departmenl of Justice has published a regulation specifically pertaining 10 the funding offailh-bascd organizations. In generul, the
rel!ulation, Panicipation in Justice Oepartment Programs by Religious Organizlltions; Providillg for Equal Trcatmcrlt of all Justice
Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. purt 3g, requircs State Admillislering Agencies
to 1rent these organizations the same as any other applicant or recipient. The regulalion prohibits Stale Administering Agencies frol11 making
award or grant administrutiun decisiolls onlhe basis of an organizution's religious character Or affiliation, religious name, or the religious
composition of ils board of directors.
The regulation also prohibits faith-based organizations frolllllsing financial assistance from the Department of Justice !o fund inherently
religious activities. While fuith-bused organizations can engage in non-funded inherently leligious activities, they must be held separately
from the Department of Justice funded program, lInd eu~lomers or beneficiaries cannot be compelled to participate in tnem. The Equal
['realment Regulation also makes clear that organizations participating in programs funded by lhe Deparlment ofJustiee are not permilleu to
discriminale in the provision of services on the basis oin beneficiary's religion. For more informlltion!)n .he regulation, please see OCR's
website al http://www.ojp.usdoj.gov/ocr/etfbo.htm.
Slate Administering Agencies and faith-based organizations should also note thaI the Safe Streets Act, as amenued; the Victims of Crime
Act, as llm~nded; and the Juvenile Jusliee and Delinquency Prevention Act, as amended. contain prohibitions aj,'uinst discrimination on the
basis of religion in employment. Despite these nondiscriminiltion provisions, the JLL~tice Department has concluded that tile Rcligious
Freedom Restoralion Act (RFRA) is relIsonably construed, on ~ case"by-case basis, to require that ils funding agencies permit faith-based
organizations applying for fundinll under the applicable program statules both 10 receive DOJ funds and to continue considering religion
when hiring stafr, even if the slaWte that authorizes the funding program generally lorbids considering of religion in employment decisions
by b'Tantees.
Questions about the regulation or the application ofRFR^ 10 the statutes that prohibit uiscrimination in employment may bc directed to this
Office.
RiP
Enforclnjt Civil Rlshts Laws
All recipients of federal financial assistance, regardless orlhe particular funding source, the amount of the grant award, or the number of
employees in the workforce, ure subject to the prohibitions against unlawful discrimin~tion. Accordingly, OCR investigates recipients that
tire the subject of discrimintltion complaints from both individuals and groups. [n addition, based on regulatory critcria, OCR selects a
number ofreeipients toach yenr tor compliance reviews, audits that require recipients to submit data showillg that they are providing services
equitably to all segmenl~ of their service pOpull!tion and that their employment practices mcet equal employment oppor1unity standards,
Compiylna witb the Safe Strecu Act or Pro-gnm Requirements
In addition to these gtoneraJ prohibitions, an orlllmization which is a recipient of tinllllcial assistance subject to the nondiscrimination
provisions of the Omnibus Crime Contml and Safe Streets Act (Safe Street~ Act) of 1961j, 42 U.S.C. S 3789d(c), or other Federal grant
program requirements, must meet two additional requirements:(I) complying with Federal regulations pertaining to the development of an
El.jutll Employment Opportunity Plan (EEOrl. 28 C.F.R. * 42.301-.308, and (2) submitting 10 OCR Findings of Discriminlltion (see 28
CF.R. 9S 42.205(5) or 31.202(5)).
I) Meeth.g thc EEOP Requirement
In accordance with Federal regulations, Assurl!nce No.6 i II the Standard Assurances, COPS Assurance No.8 .8, ur certain Federal grant
program requirements, yout organization musI comply with the following EEOP reporting requirements;
If your organization l1as r~ived an award for $500,000 or more and has 50 or more employees (counting both full- and part-time
employees but excluding political appointees), then it has to prepare an EEOP and submililto OCR for review within 60 days from the
dare ortbislcttcr. For assistance in developing lln EEOP. please consult OCR's websile at http://www.ojp.usdoj.g()vlilcr/eeop.htlll. You
may also requesllechnicaJ assistance from an EEOP specialist at OCR by dialing (202) 616-3208.
IF your organization received an award between $25.000 and $500,000 and has 50 or more employees, your organization still has 10 prepare
all EEOP, but it does not have 10 submit the EEOP to OCR fur review. Instead, your organi7.l11iun has to maintain the EEOP on file and
make it available for review on request. In additiun, your organizalion ha.~ to complete Seclion B ofthc Certification Form alld return it to
OCR. The Certification Fot111 can bto fuund at hltp:l/www.ojp.usdoj,govlocr/t:eOp.hlm.
If your orgllniwtion received an award for less than $25,000; or if your organization hl.ls less Ihan SO employees, regardless of the amount of
the award; or if your organization is a medical institution, educlltional institution, nonprofit organization or Indian tribe, then your
orgllllir.ation is exempt from the EEOP requirement However, your organization must complete Sootion A of the Certification Form and
return it to OCR. The Certification Form can be found OIl hnp:llwww.ojp.usdoj,gov/ocrfeellp.l1tm.
2) Submitting Finding~ (If Discrimination
In the event a Federal or Slale COUr! or federal or State administrative agency makes an adverst: finding of discrimination against your
organization after a due pr(X:ess hearing, on the ground of race. color, religion, national origin, or sex, your organiziltion must submit a copy
of the finding to OCR for review.
EnSllrlnfi: the Compliance of Subreelplenls
If your organizalion makes subawards to other tlgencies, you are responsible for assuring tnat subrecipients also comply with all of the
applicable Federal civil righ!5 laws, Including the requirements pertaining to developing llnd submil1ing an EEO!', reporting Findings of
Discrimination. and providing language services to LEI' persons. State agencies th~t make subawards llluSt have in place standard grant
assuranct:s and review procedures to demonwatt: lhatthey arc eFfectively monhoring the civil rights compliance of subrccipicn1s.
[fwe can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 3Q7-
0690 or visit our website at hUp;llwww.ojp.usdoj.gov/ucr/.
Sincerely,
~;.~
Michael L. Alslon
Director
ce: Gnlllt Manager
Financial Analyst.
RfJP
.'...
..
Department of Juslice
Office of Juslice Programs
Bureau of Justice Assistance
PAGE I
OF 5
Grant
I. RECIPIENT NAME AND ADDRESS (Includ;~g Zip Code)
Monroo C"unlY
t 100 ShnnnWh Slrc~t
Key Wost, Fl 3)040
4. AWAfW NUMBER: 2IX19.DJ.BX-0770
~, PROJECT PERIOD: fROM
!lUOGET PERIOD: FROM
IOIU I I200H TO 09IJ()Jl()12
IGIOl1200H TO 09/3012012
IA. GRANTEE IRSNENOOR NO.
5960001 ~o
e. A WARD DA TIl 0'110412009
8. SUPPLEMENT NUMBER
00
,. ACTION
Initial
9. PREVIOUS AWARD AMOUNT
$0
3. PROIECT TITLE
MMroc Cnunly Sberifl'~ Office Tr.i~cd and Accou.labl. PrOllram
10, AMOUNT (JI'THIS AWARD
S 23,972
I 1. TOTAL AWARD
S 23.912
'12. SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBJCCT TO SUCH CONDITIONS OR LIMITATIONS AS AU SET FORTH
ON THE ATTACHED PAGt;(S).
13. STATUTORY AUTHORITY FOR GRANT
Thi. prajcel is supported uDder 42 U.S.C. 375l(aHBIA - JI\G Fon""lo)
IS. METlIODOF PAYMENT
PAPRS
AGENCY APPROVI\L
16. YYl"r,D NAME AND TITLE OF Al"PROVING OFFICIAL
GRANTEIi ACCEPTANCE
18. Typr,n NAME AND TlTLE OF AUTHORlllm GRANTEE OFFICIAL
lomo. H. B .rcb II
R"horl pery..,
Sh~ri ff
Acting Din."Clor
ICIAL
19". "ATE
17. SIGNATURE OF APPROVING OFFICIAL
O-~.~.~
....GENCY USE ONLY
20. ACCOUNTING CLA SSlFICA TION CODES 21. 10J UC.T449~
FISCAL FUND DUD. DIV.
YEAR CODE ACT. ore. REO. SUB. POMS AMOUNT
x
B
01
so
llll
00
2~9n
OlP FORM 4000/2 (REV. 5-117) PReVIOUS EDITIONS Ilk!; OBSOLETE.
OIP FORM 4001112 (Ro.V. 4.HS)
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Dcpanment of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
pAGE l OF S
Grant
PROJSeT NUMBER 200\l.DJ-aX-0770
AWARD DATE
OW04(.!:009
speCIAL CONDITIONS
\ I. The rccipientllgrees to comply with the financial and administrative requirements set furth in the current edition ohhe
Officc of Justice Programs (OJ P) Financial Gllide.
2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (ifrecipient is
required to submit ~me pursuant to 211 C.F.R. Section 42.302), thaI is approved by thc Office for Civil Rights, is II '
violation of il.~ Certified Assuranccs and Lnay re~ull in suspension or termination of funding, until such time as the
recipient is in campi ianee.
3. The recipient agrees to comply with the organizational audit requiremenlS afOMB Circular A-133, Audits of Slates,
Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may l1e withheld, or
other related requirements may be imposed. if OUlstanding audit issues (if any) from OMB Circular A.133 audits (and
any other audits ofOJP grant funds) arc not satisfacturily and promptly addressed, as further described in the current
edition oflhe OJP Financial Guidc, Chllptcr 19.
4. Recipient understands and agrees that it cannot use any Federal funds, either directly or indirc:ctly, in support ofthe
enactment, repeal, modification oradopti.m orany law, regulation or policy. at any levd ofgovemmenl, withoul1he
express prior written approval of OJP.
S. The recipient must promptly reter 10 the DOJ 010 any credihle evidence that a principal, employee, allent, contractor,
slIbgrantee, subcontractor, or other person has either I) submitted a false claim for l:,'rant funds under the False Claims
ACT; or 2) committed a criminal or civil violation of laws pcnaining to frnud, conilicl of interest, bribc:ry, gratuity, or
similar misconduct involving grant funds. This condition also applies 10 any subrceipienlS. Potential fmud. was Ie,
abuse, or misconduct should be reported to the O]G by -
mail:
Office of the Inspector General
U.S. Department of Justice
[nv~tigations Division
950 Pennsylvania Avenue, N,W.
Room 4706
Washinglon, DC 20530
e-mail: oig.hOlline@usduj.gov
hotline: (contact information in English and Spanish): (800) 869-4499
or hotline fax: (202) 616.9881
^dditional infOllllation is available from the DOJ OIG websitc at www.usduj,gov/oig.
OIP FORM 400W2 (REV. 4-~8)
~fP
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Departl11 ent of Justice
Office of JustLee ProgrHms
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
PAGE. ) Of 5
Grant
PROJECT NUMBER 2009.DJ.BX-077If
AWARD DATE
()')!04l2009
SPECIAL CONDITIONS
6. The grantee agree~ to assist BJA in complying with th~ National Environmental Policy Act (NEPA), the National
Historic Preservtltion Act, and other related federal environmenla] impact analyse~ requirements in the use of these
grant funds, either directly by the grantee or by a subgrantee. Accordingly, the granlee agrees to tirs! determine if any
of the following activit1cs will be funded by the grant, prior to obligating funds for any ofthcsc purposes. Ifit is
determineclthat any of the following activities will be funded by the grant, the grantee agrees to contHct BJA.
The gnmtee understands that this special condition applies to its following new activities whether or not they are being
specifically funded with thcsc grant funds. That is, as long as the activity is being conducted by the grantee, a
subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this specilll
condition must first be met. The Bclivilies covered by Ihis specilll condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive aTea, including
properties locuted within a IOO-ycar flood plain, a wetland, or habitat for endangercd species, or II propeny listed on Of
eligible for listing on the National Register of Historic Places;
c. A renovation, Icasc, or any proposed use ora building or facility thaI will either (II) result ill a change in its basic
prior use Of (b) significantly change ilS size;
d. Implementation of a new program involving the use of chemicals mher than chemicals that IIrc (a) purchased as an
incidental component of II funded activity and (b) traditionally used, for examplc, in office, household, recreational, or
education environments; and
e. Implementation of II program relating to clandestine methamphetamine laboratory operations, including the
identificHtion, seizure, or closure of c1andcstine methamphetamine laboratories.
The grantee understands and agrees that complying with NEP A may require the prepanltion of an Environmental
Asscssment and/or lIn Environmental Impact Statement, as directed by B1A. The graruee further undCTlltands and
agrees to thc requirements for implementation of a Mitigation Plan, as dctailed at
http://www_ojp_usdoj.gov/BIMresotltceJncpa,html, for programs relating 10 methamphetaminc laboratory operations.
Application of This Special Condition to Grantee',s hisling Programs or Activities: For any oftlle grunlt:e',!;or its
subgranlees' existing rrollrams or activities that will be funded by these grant funds, the grantee, upon specifk rcquest
from BJA, agrees to cooperale with BJA ill /lny preparation by BJA of II national or program envirOllmcntll1 assessment
of that funded program or activity.
7_ To avoid duplicating existing networks or IT systems in any initiatives iunded by BI^ for law cnforcemcnt information
~haring systems which involve interstatc connectivily betweenjurisdiclion, such systems shall employ. to the extent
possible. existing networks as the communication backbone to achieve interstate connectivity, unless the grantcc can
demonstrate to the satistltction of BIA that thi~ requirement would not be cost effective or would impair the
rurtctionality oran el(j~ling or proposcd IT system.
8, To support public safety andjustiec information sharin!!, OJP requires the grantee to use the Nationallnfonnlllion
Exchange Modcl (NIEM) specifil.'utions and guidelin~ ror this particular grant. Grantee shall publish Hnd make
available without restriction all schemas generatcd as a result oflhis grant to the componellt registry as specified in Ihc
~uidelincs, For mon: information on compliance with Ihis special condition, visit
hnp:Jlwww,niem.gov/implemenlulionguide.php,
9. The tecirient is rcquired to establish a trust fund account. (The trust funcl may of may not be an interest-bearing
account.) The fund, including any interest, lllay not be used to pay debts or exp~nses incurred by other activities beyoncl
the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG), The recipienulso agrees to obligate
and expend the grant funds in the trust fund (including any interest earned) during thc period of the gran\. Grant funds
(including any interest earned) nol expended by the end orthc grant period mUSI be returned to the Bureau of Justice
Assistance no later thlln 90 days after the end or tile grant pcriod, along with the final submission of Ihe Financial
Stulus Report (SF -269).
OIP FORM 41lOOt.l (REV. 4-8H)
RPf
.,.."."
, '
.... .'.
Department of Justic~
Office of J uSlicc Progr~ms
Bureau ot' Justice Assistance
AWARD CONTINUA nON
SHEET
Grant
Pi\GE 4 Of ,
PROJECT NUMBER 211119-DJ.BX-0770
....W....RD DATE
0910411009
SPECIAL CONDITIONS
10. The grantee agre~ to comply with all reporting, data collection and evaluation requirem~ms, as prescribed by l!lw and
dctailed by the BJA in program guldancc for the Juslice Assistance Grant (JAG) Program. Compliance with thesc
requirements will be monitored by BJA.
II. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28
C,F.R. Part 23, Criminal Intelligence Systems Operating Policies, iCOJP detennines this regulation to be applicable.
Should OJP d~t~rnIine 28 C.F.R. rart 2310 bc applicllbl~, OJ? may, al its discretioll, pcrform audits (lfth~ sySLem, as
per the rellulath;m. Should any violation (lf28 C.F.R. Part 23 occur, the recipient may be fmed us per 42 U.S.c.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
12, The recipit:Ilt agrees ID ensure that the Slate In formaliun Technology Point of Contact receives written noti ficalion
regurding any infonnation technology project funded by this grant durin~ the obligation and expendiwre period. This is
to facilitate communie!ltion among local and Slate governmental cntiCics regarding v~riuus information technolollY
projects being conducted with these gmnl funds. In addition, the recipient lIgn:es to maintain an administrative tile
documenting the meeting of this requirement, For II list DfS!Ille Information Technology Points of ConI act, go to
http://www.il.ojp.gov/dcfault.aspx.!arca=po!icyA J1dPrllctice&page~ 1046.
13. The gomlee agrees to comply with lhe applicable requirements of28 C.F.R. Part 38, the Department of Justice
regulation governing "Equal Treatment for Faith Based Organizations" (lhe "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used UJ
fund any inherenlly religious activities, such ~s wOrlihip, religious instruction, or prosclytizSlion, Recipients of direct
grants may still engllge in inhl!rently religious activiti~'S, bUI such activities mu.~t be separatl! in time or place from the
Dcpartment of Justice funded program, and participation in such activities by individuals reedv ing services from the
grantee or a sub--gramee musl be voluntury. The Equal Treatmenl Reglllation also makes clellr that organizations
pllfticipating in prollrams directly funded by the Department of Justice are not pennit1ed to discriminate in lite provision
of services on the basis of a beneficiary's religion, Notwithstanding any other special condition ofthis award, faith-
based organizations may, in some circumstances, consider religion as a basis for employment. Sce
http://www.ojp.gov/about/ocr/equal_lbo.htm.
14. The recipient lIcknowledges !hal all programs funded through subawards, whether at the state or local levels, must
conform to th~ llr.lnl program requirements as stated in 8JA program guidance.
15. Grantce agrees to comply with lhl! requirements 01'28 C.F.R. Part 46 and all Officc of Justice Programs policies and
prO(cdures regarding the proteclion of human research subjecUl, including obtainment of Institutional Review Board
approval, if appropriate. and subject informed consent.
] 6. Grantee agrees to comply with all confidentiality requiremenls of 42 U.S.c. section 3789g and 28 C.F.R. Part 22 that
are applicable III collection, use, and revelation of data or intormation. Grantee further agrees, a.~ a condition of gram
approval, to submit a Privacy Certificate thaI is in accord with requirements of 28 C.F.R. ParI 22 and, ill particular.
section 22.23.
17. The recipient agrl!es Ihat Funds received under this award will not be used to supplant State or local funds, but will b~
used to increase the amounts ofsllch funds that would, in the absence of F~dernl funds, be made available for law
enforcement activities.
OJP FORM 4000/2 (ReV. 4.88)
~
I
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Department (If Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
P,',(it> S OF 5
Grant
PROJECT NUMBER 2M9-DJ-lIX.o770
AWARD DATE
0910412009
SPECIAL CONDITIONS
lit The granlee agrees that within 120 days of award. for any law enforcement task force funded with these funds. the lask
force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete
required o,n I ine (internet-based) task toree training Io, he provided free o,f charge through 81 A'~ Center for Task Forcc
Inteb'Tity and Leadership, This training will address task force etl~tivcness as wdl as other key issues including
privacy and civillibertieslrights, task force performance measurement, personnel selection, and task forcc oversight and
accountability. Additional information will be provided by BJA regarding the required training and access methods via
BJA's wcb site and the Center for Task Force Integrity and Le.adership (www.cttli.org).
OJI' FOR M 41l00fl (REV. 4-88)
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Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Wo.,hillgt'ln. D. C. 10.1) I
Memorandum To: Official Grant File
From:
M. A. Berry, Environmental Coordinator
Subject:
Incorporates NEPA Compliance in Further Developmental Stages for Monroe
County
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local
governments to support a broad range of activities to prevent and control crime and to improve the
criminal justice system, some of which could have environmental impacts. All recipients of JAG funding
must assist BJA in complying with N EP A and other related federal environmental impact analyses
requirements in the use of grant funds, whether the funds are used directly by the grantee or by a
subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the
grantee must tirst determine if any afthe specified activiries will be funded by the grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive
area, including properticslocated within a IOO-year flood plain, a wetland, or habitat for endangered
species, or a property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change
in its basic prior use or (b) significantly change ils size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example, in
office, household, recreational, or education environments; and
e. Implementation ofa program relating to clandestine methamphetamine laboratory operations,
. including the identification, seizure, or closure of clandestine methamphetamine laboratories.
Complyi og with NEP A may require the preparation of an Environmental Assessment and/or an
Env;ronmentallmpact Statement, as directed by BJA. Further, for programs relating to
methamphetamine laboratory operations, lhe preparation of a detailed Mitigation Plan will be required,
For more infonnation about Mitigation Plan requirements, pleasc see
http://www .oj p. usdoj.gov IBJA/resoun;:elnepa.html.
Please be sure to carefully review the grant conditions on your award document, as it may contain more
specific.infonnatio" about environmental compliance.
~
~~' . Olliee or JuStice I'mgra,"s i PROJECT SUMM ARY
:
-,:..~,~ Bureau of Justice Assistance
':,
, Grant
PROJECT NUMB lOR
PAGE 1 OF I
2009-DJ-BX-1l770
"
This projccl i. ,uPl'ortoo under 42 U.S.C. 37~L(3) (IlJA - JAG Formula)
I. STAFF CONTACT (Namc& lelephone llumbetf 2. PROJECT DIRECTOR (Nlllle. address & lell:phom number)
Y olai"c F lUlolin TaI11". Snider
(202) 353-1720 Risk Mnnngcr
552' Collelle Road
Key West, FL 33040.4307
(305) 292.7092
.-
J.. TITLE OF THE PROGRAM 3b. POMS CODE (S EE INSTRUCTIONS
BJA FY 09 Edward Byrne Mem"riaL Justice As,islanee Gran I I'rogram: Local 5"I;c;10Iion ON REVERSE)
4. TITLE OF PROJECT
Monroe County Sheriff's Omee TroiJK.~1 and Accountable Program
5. NAME & ADDRESS OF GRANTEE 6. NAME &: ADRESS OF SUR(jRANTEE
MonrDC County
, 100 Simonlnn Sl=t
Key Wesl. FL 33040
m -"
7. PROGRAM PERIOD R. BUOOIlT PERIOD
FROM: I o/(}! 1200H TO: 09/3012012 FROM: I % 11200~ TO: 09/3012012
.-
9. AMOUNT OF AWARD 10. DATE OF AWARD
S 23.972 1l9/(141200~
11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT
13, THIRD YEAR'S 8UDGET PERIOD 14. THtRD YEAR'S 8UDGET AMOUNT I
!
I
- I
IS. SUMMARY DE;:SCRIPTION OF PRO/J;CT (See in'lnleli"n on r....,.",)
l
The EdWllrd nyme Memorial Justice A~siol$1ee Gmnl Program (JA0f allows slaLes and units of local gnvcrnmcl1ls. incllldinlllribcs, 10 slIppl.lrl u brlWi range of I
aCliviLics to prcvcn~ Ufl.u conlm) crime based on ~hci.' own. ;:i.UUC nnd local need.s and concJiliun~, Gram r..mds can be uKd for SU'IlC and 1c.cn.1 'nitia.tivcs-. I.cchni~al I
IlSsislancc. ImininK. pL.,.,ooncl, cquipmen~ sllpplics, coolraelual support. und inf",n,.li<'lO systems for eriminaljusliec, includinG Ibl anyone or more ur Ihe I
fllllowins purpose areas: I) law enforcement program.: J) pro,.,,"(ion and court pragrAlns; J) prevenlion and edueali.." "rugra",.: 4 f eorreolio", IJld eornmun;ly
COTrccl;ons progT3rns~ S) drux. Lrcalmcnl i!IInd cnforecmcnl programs.:; 6) plimnln~. ,,:vl.1h,.Iation. and lcchnol(')gy illlpro-vCLn~m pragT.i1ms: and 71 crime vll,:lim and
whne", prugrams (od,er (hall eOIlIpc>lSll(ioll).
M,mmc Cuunly willu.c lhe J....G sward to purchase compuler ""nwlIrc ~csi~ncd to improve Ihe effectivcness 8nd efficiency oflhe col1nly ,h~.,iffs om...:. The new
sanwsrc will ennble Iho Sherifl', On;.e 1',: ",aUBlle Ihe a8elley po lie;es snd Cllplllro empLoyco sig".ulres veri fyin~ their receipl electronically; search mlio ie, by
~.. .
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Department of Justice
GRANT MANAGER'S MEMORANDUM, PT. I:
OJp FORM 4001112 (REV. 4-~1l)
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keyword, document numher, or subject; (mek ~II tcvjsi()n~ .nd allow~ admhti~tmto" 10 ITl<1n;(o, signalure requiremenl" and c,cate "lid administer le'lS for
employees. This !Ot'IW.rc ensnres gr~al0t8eeOllnl.bilily fOf crilical policies, lhe new soc.w.re will also allow fm Ihe clcclmllie delivcl)' ohell~pllccd .nd vinu.l
course.. This will allow the Shcrifl's om." tu addre.. a wide mnge or ,",ining need. cffe.:tll'cly ond cnieicmly" Employee~ willlrain 'llheir I'm" site and will
nOl he required to If.vellO a training I""a(;oll. The goal i.lO have a well-lrailled and informed W(l,ldi,TCC Ihal is held Oe<;Ollllloble to the highesl standard, t,f
p:ro(clisJonlllla",' cnthrr.:cJTlcnl 1u ensure a safe Dnd secure I,.'HmmuniLy for the rt'~idcnis and \'isil(J~.
NCAINCF
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