Item C27
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 16 , 2009
Division: OMB
Bulk Item: Yes ~ No D
Department: Grants
AGENDA ITEM WORDING: Authorization for the Mayor to execute a Memorandum of
Understanding with the Sheriff's Office for a Law Enforcement Equipment Upgrade with
funds provided under the Edward Byrne Memorial Justice Assistance (JAG) Grant
Program American Recovery and Reinvestment Act (ARRA) of 2009, for the period from
October 1, 2009 through September 30,2010.
ITEM BACKGROUND: This will replace the prior MOU that was executed on Oct 215\
2009. The MOU was modified to address the Clerk's concerns to clarify the respective
roles of the County and Sheriffs office with regard to the grant. Federal stimulus funds
are provided through the Florida Department of Law Enforcement. The Substance Abuse
Policy Advisory Board (SAPAB) reviews proposals and makes recommendations to the
BOCC for local funding of programs. These funds will be used by the Sheriffs Office to
purchase law enforcement equipment to support a broad range of law enforcement
operations, crime prevention, and criminal justice initiatives. Approval of the Certificate of
Acceptance for Subgrant Agreement was approved by BOCC in October 2009.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATION: Approval
TOTAL COST: $58,646.00
COST TO COUNTY: II
REVENUE PRODUCING: Yes D No ~ AMOUNT PER MONTH
YEAR
APPROVED BY:COUNTY ATTY1! OWURCHASING 0 RISK MGT oorfl::r
DOCUMENTATION: INCLUDED: ~ TO FOLLOW: D NOT REQUIRED: D
BUDGETED: Yes ~ No D (in-kind)
DISPOSITION:
AGENDA ITEM #:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Sheriff's Office Effective Date: 1 % 1/09
Expiration Date: 09/30/10
Contract Purpose/Description: Funds provided through FDLE Agreement for the purchase of
law enforcement equipment.
Contract Manager: Lisa Tennyson
(Name)
4444
(Ext.)
OMB/Grants Mgt.
(Department)
for BOCC meeting on 12/16/09
Aaenda Deadline: 12/06/09
CONTRACT COSTS
Total Dollar Value of Contract: $58.646.00 Current Year Portion: $ 58.646.00
Budgeted? Yes X No Account Codes: 125-0&D?>~ - 530l.190 -&&/002- -'5 3o'l~o
Grant: $58,646.00
County Match: $0
ADDITIONAL COSTS
CONTRACT REVIEW
Changes
:j;fIn Needed
Division Director / _ ~ YesD No .
Risk Managemen~ ll1? 07 YesD NO~
O~M~B./pur~~s~~~ }1-2'5-tJ) YesD NoB ,\-.'?-o--<
County Attorney l\~ YesO No~ CAirtiue~-f!:waowa
Comments:
Date Out
;4/ MJ
(I~'O)
ll/~Cf]
J~
OMB Form Revised 9/11/95 MCP #2
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Sheriff's Office Effective Date: 10/01/09
Expiration Date: 09/30/10
Contract Purpose/Description: Funds provided through FDLE Agreement for Law
Enforcement Upgrade.
Contract Manager: Lisa Tennyson
(Name)
for BOCC meetina on 11/18/09
~
(Ext.)
OMS/Grants Mgt.
(Department)
Aaenda Deadline: 11/03/09
CONTRACT COSTS
Total Dollar Value of Contract: $58.646 Current Year Portion: $58.646
Budgeted? Yes X No Account Codes: 125-ctoD~ -&&1062. -5~D'IC,O -xxxxxx
Grant: $58,646
County Match: $0
ADDmONAL COSTS
CONTRACT REVIEW
5~VvJTI, Dt,ot. Dp~..In ~:~~~
~ ~01 YesD NOJLj
Risk Mana~emP{lt ~01 YesD Nod
t:~:B./PU~ch~t~g 1l:2..-cR YesO NOd'
County Attomey J l~ YesO NolKJ CAiAico/Ju:CJttt-~
Date Out
'!iioOf
1.1.&.O'L
I~O~
ll/~
Comments:_
OMS Form Revised 9/11/95 MCP #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, n and The Monroe County Sheriffs Office,
hereinafter referred to as "SHERIFF."
WITNESSETH
WHEREAS, the Florida Department of Law Enforcement has been awarded a sub-grant
of Recovery Act Edward Byrne Memorial Justice Assistance to the COUNTY; and
WHEREAS, the COUNTY entered into an agreement for the sum of fifty-eight thousand
six hundred and forty six dollars ($58,646.00) for the purchase of equipment 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 Florida Department of
Law Enforcement,
WHEREAS, this agreement will replace the prior Memorandum of Understanding that
was executed on October 21,2009.
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and the SHERIFF agree as follows:
1. TERM - The term of this Agreement is from October 1, 2009, through September
30, 2010, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein.
2. FUNDS - The total project budget to be expended by the COUNTY under this
agreement shall be the total sum of $58,646.00. There is no matching funds requirement. All
funds shall be distributed and expended in accordance with the grant agreement (Attachment
A).
3. IMPLEMENTING AGENCY BOUND - The SHERIFF is an implementing agency
under the current COUNTY's Recovery Act 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
Florida Department of Law Enforcement Recovery Act 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 Ftorida Department of Law Enforcement (FDLE),
attached and made a part hereof.
c) The SHERIFF will retain ownership of the approved equipment and will maintain
it on the Sheriffs inventory.
6. Billing and Payment
a) The SHERIFF shall render to the COUNTY, after purchase of the equipment, an
itemized invoice properly dated, describing the equipment purchased, the cost of
the equipment, and all other information required by the COUNTY for
reimbursement.
b) Upon receipt of the appropriate documentation the COUNTY shall draw the
money down from the granting agency.
c) Upon receipt of the money from the granting agency the COUNTY shall
reimburse the SHERIFF for said expenditures.
d) Payment shall be made after review and approval by the COUNTY within thirty
(30) days of receipt of the correct and proper invoice submitted by the SHERIFF.
e) The SHERIFF will prepare and transmit, in a timely manner, all programmatic
and financial reports required by the granting agency. Prior to submission, the
SHERIFF will provide the reports to the COUNTY for approval.
f) The COUNTY shall monitor the SHERIFF's reporting activities to ensure the
reports are submitted in a timely manner and are complete.
g) The SHERIFF agrees to cooperate with the COUNTY to comply with the terms
and conditions, incorporated by reference, of this agreement.
7. TERMINATION - This Agreement may be terminated by either party at any time,
with or without cause, upon not less than thirty (30) days written notice delivered to the other
party. The COUNTY shall not be obligated to pay for any equipment ordered by the SHERIFF
after the SHERIFF has received notice of termination. In the event there are any unused grant
Funds, the SHERIFF shall promptly refund those funds to the COUNTY or otherwise use such
funds as the COUNTY directs based upon the grant project budget as approved by the granting
agency.
8. NOTICES - Whenever either party desires to give notice unto the other, it must
be given by written notice, sent by registered United States mail, with return receipt requested,
and sent to:
FOR COUNTY
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL 33040
FOR 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
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 of termination delivered in person
or by mail to the SHERIFF at its address specified above. The COUNTY shall not be obligated
to pay for any services provided by the SHERIFF after the SHERIFF has received notice of
termination. The COUNTY's obligation to reimburse the SHERIFF for incurred cost is subject
to availability of grant funds.
10. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services
pursuant to this Agreement, the SHERIFF shall abide by all statutes, ordinances, rules, and
regulations pertaining to, or regulating the provision of, such services, including those now in
effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State
of Florida and Article 1 of the United States Constitution, which provide that no revenue of the
state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect
or religious denomination or in aid of any sectarian institution. Any violation of said statutes,
ordinances, rules, or regulations shall constitute a material breach of this Agreement
immediately upon delivery of written notice of termination to the SHERIFF. If the SHERIFF
receives notice of material breach, it will have thirty days in order to cure the material breach of
the contract. If, after thirty (30) days, the breach has not been cured, the contract will
automatically be terminated.
11. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement
shall assign this Agreement or any interest under this Agreement, or subcontract any of its
obligations under this Agreement, without the written consent of the other.
11. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
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:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
'0',\,
Deputy Clerk
Mayor/Chairman
By:
F'S OFFICE
MONROE COUNlY SHERIFF~S OFFICE
APPROVED AS TO FORM: .
~~~---e~
MARK L. WILLIS
GENERAL COUNSEL
DATE:,~ &-V ;1, .z..e; cD?,
C RISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Data 11l3/0Q
I I
Jrt' A-
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FD'LE
Florida Department of Office of Criminal Justice Grants
Law Enforcement Post Ofllce BOle 1489
Tallahassee, Florida 32302-1489
Gerald M. BaUey (850) 617-1250
Commissioner WWW.fdle.state.lI.us
SEP J 7 :11(,'9
Charfie Crist, Govemor
8i11 McCollum, Attorney General. '"
Alex Sink, Chief Financlal Office,'.o5t'
Charles H. Bronson, CommisSIoner of Agricu~re
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The Honorable George Neugent
Mayor
Monroe County Board of Commissioners
1100 Simonian Street
Key West, FL 33040
Re: Contract No. 201Q..ARRC.MONR-7-W7-D93
Dear Mayor Neugent:
The Florida Department of law Enforcement is pleased to award a Recovery Act
Edward Byrne Memorial Justice Assistance Grant to your unit of government in the
amount of $ 58,646.00 for the project entitled, LAW ENFORCEMENT EaU/PMENT
UPGRADE. These funds shall be utllized'for the purpose of reducing clime and
improving public safety.
A copy of the approved subgrant application with the referenced contract number is
enclosed for your me. All correspondence with the Department should always refer to
the project number and title.
Your attention Is directed to the Standard Conditions of the subgrant and to the Special
Recovery Act Conditions. These conditions should be reviewed carefully by those
persons responsible for proJect admlnistratJon to avoid delays in project completion and
costs reimbursements, Please note there are special reporting requirements for the
Recovery Act funds. Receipt of funds are contingent upon timely reporting.
The enclosed Certlflcatlon of Acceptance should be completed and retumed 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. Quallly
The Honorable George Neugent
Page Two
We look forward to working with you on this project. If we can be of further assistance,
please contact Janice Parfsh at 850/617-1250.
Sincerely,
.
(!Q..J.. N. kW~~
ClaYfdrTH. Wilder
Administrator
CHW/JPIJj
Enclosures
State of Florid.
Office of Crimln.1 Ju.tlce Granta
Florida Department of Law Enforcement
2331 Phillips Road
TaU.h.....,FL 32301
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The sUbgrantee, through its authorized representatIVe, acknowledges receipt and
acceptance of Subgrant award number 2010-ARRC-MONR.7-W7-o93, in the amount
of $ 58,646.00, for a project entitled, LAW ENFORCEMENT EQUIPMENT
UPGRADE, for the period of 10/01/2009 through 09130/2010, to be implemented in
accordance With the approved subgrant application, and subject to the Florida
Department of law Enforcemenfs Standard COnditions and any special conditIons
governing this Subgrant
(SIgnature of Subgrante8's Authorized Official)
(Typed Name and Title of OffIcial)
(Name of Subgrantee)
(Date of Acceptance)
Ru!e Reference 110-9.006 OCJG-1-012 (Rev. October 2005)
State of Fforida
Offlce of Crlminal Justlc. Gram.
Florida D.partment of Law Enforcement
2331 Phllllpe Road
Tallaha...., FL 32308
SUSGRANT AWARD CERTIFICATE
Subgrantee: Monroe County Board of Commissioners
Date of AWard: CJ.., 1> -0'
Grant Period: From: 10/01/2009 TO: 09/3012010
Project TItle: LAW ENFORCEMENT EQUIPMENT UPGRADE
Grant Number: 201 O-ARRC-MONR-7 -W7-093
Federal Funds: $ 58.646.00
State Agency Match:
Local Agency Match: $ 0.00
Total Project Cost: $ 58,646.00
CFOA Number: 16.803 Federal AWard Number: 2009-$U-89-0021
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, regulatlons, and conditions as contaIned
in Ihe Financial and Aamlnlstratlve Guide for Grants, Guideline Manual 7100 10,
Office of Justice Programs, Common Rule for State and Local Governments and A-
87, or OMS Circulars A..110 or A-1 02, as applicable, 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; and, P.L 111-5, the
American Recovery and Reinvestment Act of 2009.
SUBGRANT AWARD CERTIFICATE (CONnNUeD)
This grant shall become effective on the beginning date of the grant period provided
that within 30 days from the date of award, a property executed Certificate of
Acceptance of SUbgrant Award Is returned to the Department.
c~. ill1.~ .
Authoriz omclal
Clayton H. Wilder
Administrator
-E..15-D'L
Date
( ) This award is subject to speclal condltlons (attached).
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
... ."" ".7:~~::;:r~ ,....: .r."l*.'n.~.'-"." ~
1. ,~l:!tiii'f:'<i:i':,(;!j;.(~'i(;'"w.';;::, .
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SUbgrant Recipient
Organization Nam.: Monroe County Board of Commissioners
County: Monroe
Chief Offlcl.,
Name: George Neugent
Tltl.: Mayor
Addr...: 1100 Simonton Street
CIty: Key West
Stat.: FL ZIp: 33040
Phone: 305-289-6039 Ext:
F..: 305-872-9195
Emall: boccdls1@monroecounty-ft.gov
Chle' Flnancl., Offlcer
Name: Danny KoIhage
Title: Cleric
Addreo: 500 Whitehead Street
City: Key West
State: FL ZIp: 33040
Phone: 305-292-3560 Ext:
Fall: 305-295-3663
Ern. II: dkOlhage@monroe-derk.com
Application Ref *
Contract
201Q-AARC.320
201 O-ARRC-MONR_ 7 .W7 -093
Sectlon'l Page 1 of 2
Rule Refet...,~ 110.9.008 OCJG.005 <_. April 2ilO5)
Appllcation for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act . JAG Countywide
," J
Implementing Aglncy
Organization Name: Monroe County Sheriff's Office
County: Monroe
Chief Offfclal
Name: Bob Peryam
TItle: Sheriff
Addr...: 5525 CoIrege ROlld
City: Key West
State: FL ZIp: 33040
Phone: 305-292.7000 Ext
Fax:
Emall:
bperyam@keysso.net
Project D'rector
Name: Chad Scibilia
Tlffe: Captain
Add'...: 5525 Colrege Road
CIty: Key West
Stat.: FL ZIp: 33040
Phone: 305-292-7000 Ext:
Fax;
Em.i.: Csc/billa@keysso.nec
Appllcallon Ref *
Contract
201o..ARRC.320
Z01O-ARRC-MONR_7_W7 -093
Section ~1 Page 2 of Z
Rule ~ 110-9.008 OCJG.OO5 (tev. April 2005)
[
Application for Funding Assistance
Florida Department of law Enforcement
American Recovery ACI - JAG CountyWide
General Project Information
Project TItle: LAW ENFORCEMENT EQUIPMENT UPGRADE
Subgrant ReCIpient: Monroe County Board of Commissioners
Implementing Agency: Monroe County Sheriffs Office
Project Start Date: 101112009 End Date: 9/30/2010
Problem Identification
The Florida Keys are a bow-Shaped chain of low lying islands over 220 mires In length that extend
rrom the southeastern tip of tf'1e FroMa. Just under 80,000 pennanent residents Uve in the County.
The Monroe County Sheritrs Office ;s the primary law enforcement agency providing service to the
citizens 01 the county. To best meet the needs of the citizens, the Sheritf?s Offlce has dIvided Its
area of responsibility into sectors. The MJddle Keys jurisdictional area ;s comprised of two sectors,
Sector 4, the city of Marathon, rrom the north end of the 7 mile bridge to Tom's Harbor Cut Bridge
at the 60.5 mile marker of the Overseas Highway; and Sector 5, (rom Tom's Hatbor Cut Brrdge to
the Isramorada city limits, at the 74 mite marker of the Overseas Highway. For the MIddle Keys
Sector the Sheriff?s Office has assigned a Gaptain, 4 Sergeants and 11 Deputies to provide
community-based law enforcement services. In thJs area the Sheriff?s Office answers service
requests, Investigates crimes, serves warrants and Summons, conducts property checks, consults
with local business owners, government officials, school officials, and citizens, COnducts seCUrity
checlcs, enforces traffic laws, and responds to back-up When directed. 't also provides access to
aviation, bomb squad, crime scene processing, major crime detective and InvestlgatJV8, hostage
negotiation, and other law enforcement and SUpport services when needed. In addltfoo to
combating crime, the Sheriff?s Offlce must nnd a way to tlght budget shortfalls Which threaten its
ability 10 provIde Ihe level of raw enforcement nec8ssary to keep the community sate. In 2008, the
Shetiff?s Offlce budget was cut by 13% which led to the reduction of 30 Positions throughout
Monroe County inclUding the ross of 21 raw enforcement officer positions. The budget outlOOk for
Mure years looks just as bleak. In IIghl of tfght future budgets the Sherlff?s Office must find ways
to increase the efficiency of its law enforcement officers. In additfon to budget concerns, the
Sherif{?s Office faces a constant criminal threat. The Office of National Drug Control Policy wrote
that the Caribbean, considered a natural bridge between North and South America, serves as a
tranSShipment region for drugs destined for United States, African, and European markets. Its
strategic location and hundreds of islands and cays, combined with a farge Volume 0' both
commercial and non-commercial air/maritime movement, makes the Caribbean and attractive
region for drug trafficking organizations seeking to Conceal illicit activities. This plaC&s the Florida
Keys on the front line of the war on drugs because the islands of the Florid! Keys offer a tempting
entry point into the United States. According to a March 2000 Office 0' National Drug Control
Poflcy Fact Sheet on Drug-Related Crime. trafficking in illicit drugs tends to be aSsociated with l1'le
commission of viofent crimes. Because of the ever-present threat of violent crime, the Sheriff?s
Office must use technofogy 10 keep ahead ofrha criminals. In addition to staying prepared for the
threat of violent crIme, the Sheriff?s Office must deal with the day-to-day ISsues of a small
community incruding that associated with trafflc enforcement. The entire Island Chain of the Florida
Keys is connected by the Overseas Highway. a highway Which serves as the main street for
Florida Keys COmmunities and as the main highway for tourists traVeling through the Keys.
According to the NatJonal Highway Traffic Safety Administration (NHTSA) in 2006, there were
38,588 fatal crashes resulting in 42.642
]
/
Appflcation Ref Ii
Contract
2010-ARRC-320
-ARRC.MONR. _ _
Section #2 Page 1 of 4
Rule Refe~ t fo.9.00e OCJG..005 (r.... AptiJ 2005)
de.",. In Ihe United Sla.... AJlIlough only 23% of "'e US POPuleNon 11v.. in ""aI ""'as. "'^"
f".li", accounted 'Of 55% of.N traffle "la"tie.;, 2006. C"'.h dat. fi-om "'e F~rid. Oepartmen,
of Highway S.fety ~om 2004 bee.. "'~ out. M"mI.Oad. Counly, wh"", I',he mo,t POPUlous
cOUnty In FlOrida. .1'0 h.. · '.pu'.lIon fo, being one of "'e most d.ngem.. "ee. for driv"'g In the
counOy. In 2004 MlatQl-Dade County. with. Population 012,253,362. SU""nod 45.166 cra.h..
""umng In 318 fatatm... In 2004, Mon,,,,, County, with . POpulation 01 79,589. SU"",ed 1.546
c",.h.. re,u"ng In 30 falallties. When comparing c"'S/! rate.. MI.mJ-Dade County had 20
c....he. for .""'1' 1000 _pl. and Mon,,,,, County had 1 g cr...... for every 1000 P.opl.. When
compaong falality ""as, M"ml.Dade County had 1 fatality for every 1 0.000 PllOpla and Monroe
County had · f.lallty ...te of 4 for ove'Y 10,000 pe_. To '_. lIli.. /h. SIl.ri/f? Oeparlmen<
must find way to 1m"""", th. enforeement of ""filc saf.ty law.. Con'iderlng /he budget. V"Ien'
enm.. and '.file .n'orcoment concern. dt.d .bove, th. SIl.o"', Offlce h.id. meeting '0
Con""", · needs a......n.nt 'or /he Mkfdl. Ke,. Sector. They iden_the need to ._/he
10'''';,g le<;hnology to POltect /he offlcars and dNz.n. 0' Me,athon and m.k.,,,,,, .nto'cement
m"", .trJeJent, In car OVO vid.o n'cOOl..... t.,..... hand-held and "'h'_nled radar. nlg/ll vl'ion
devices, and tlnf meter devIces,
ApplicatIon for Funding AssIstance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
Project Summa'}
Craig F~Yd. tho Chalrm.n .nd Chief ExOCUfiva Offi"., Of /he NalIonallaw Enforcemen, Offfco..
Memorlal Fund 'la led th., ;, 2007 tho n.lIon?, law enforcem.nt Offlcars w""' confi-onted w;'h
m"", braz.n, h..vily-'rmed .nd ""d-blooded enmlnals than th.y have 'aced In many yea...
Police d.oth ....~1Ics 'or 2007 COnfirmed thI,. tn 'hat yaar. 186 olflce" w"'" IIIi.... nation ""., an
incre... 01 m"", lIlan 28 Percen' fi-om /he orav;"", year. Thetrond Of..".. brazen. heav'l"
a'med enmJnel. has made If, way aOlUnd tho COUnOy IncJud~g to _... County. On March 10,
200g whIJeltyJng to 'P""'h.'" a laderallUgill"', olllce" fi-om "'. Envl<on_tat ""'teet/on
Ag.ncy and the Monroe County ShOflft?, Off1ce were ro.oed to shoct /h. "''Poet wh.n h.
'hreatened Ihom with · loaded .SSault 'Ifie. Th~ Indd... "''''''' a. . 'Ob", reminder of /he
thre.ts "w enforcem.nl face, each d.y. On. Of /he wey, to incre..e o",cer sa'ety I. Ihrough 'he
Judlciou. inlOldUclJon 0' technology. Th. Sheri"', 0ffIc. Id.ntll/ed two ..... a. pr.../ng nosd. to
counter v"l.n' ,u.pects, nighl visJon dev/cas and ....".. non./ethal!ecl1notogy device. On. of
the most dangerous 'ilv.lIon, '0' an o"'cor i, Pedorming """.. ~ 101\YIglll COnditions Where
v~lon i. IImlled. NIght v,"'on d.vice, are de'lgnad to a"'P'ty lh. ava"abl. light to provide th.
of1lce, "'. advanloge over pol.ntial IIlrea../hrough ""Iter visJon. The PU'Ch..e 01 nighl vision
davlce. which con be USod in conjunction wi", video equipmant provide, pOl"" Olllce" a V."'bls
Jooj to during low visfbi/;ty acan.rio.. In addlllon to nlghl v~ion Ischno"gy, u,. 01 non-Iothal
t.chno~gy, Ok. I...... i, l>ocomJng mora promInent, A t_ ~ dOslgned to temporarl~
Inc.....il.te Of re....n .n indiVidUal "'"en 10000al '0'"" ~ not aPPrOPriate by Shooting barbs to /he
bOdy whIch ,uPPIy.n inc.paCllafing ".ctrical 'hock. T..." ","vid. ofilco".n addfflon.t OQlk>n
to 'af.1y "'bdua VioIen. 'u,..ct, and to lJOl.ntiaHy feduce 'he need to employ d.adly force in
CertaIn ,c.n."os. A 'ecan' inddont", uninco,po,.... Mon... County highlights thi.. When
Sheri"', Offic." responded to . dome.tlc inCidenl, they .ncOUntered . 'u,_ brandishing a
'\VoId. They "fely '.solvad tho incid.nl oy SUbduing th. susPoet wi/h a taser. IIJo/enc. can
oc,", during oth.r ".mlngry roubn. encount.". To .'otac, offfce, Safety during Uallic 'lop" Ihe
ShOriIf'?, Olllco WOuid Ilk. '0 stap up It, entorcament 0' Florid.? w;ndow "nllng law. Window
IInllng ha, become POPUlar ov., IIle p..1 ye"" boc.u'elt keep, drlv." cool. HOWe'er, Unt /h.t i,
too d.rk P"".nts a hoz.," to ofilc..... last ye., in Naw Yo,,< a poJJca olll,er w., 'hol.... kIDed
Wh.n h. .Pproach.d a 'POrt, Ul'lIty v.hICl. with d.rkened windows. W,ndow Not moter.
APPlication Ref #
Contract
20fO-ARRC-320
.ARRC-MONR_ . _
S9Ction #2 Paglt 2 of 4
Rul. ,qef.,."ce lID.9.DOll OCJG-O(I, (r/tll. APril 2:005)
Application for Funding Assistance
Florida Department of law Enforcement
American Recovery Act - JAG Countywide
the Window tint law to help protect omcera. WIndow tinting is Only one concem of tramc law
enforcement. Th$ Monash University AcQdent Research Center conducted a review of
International literature relating to traffic law enforcement. The specific areas examined Included
alcohol, speed, seat belts and signalized Intersections. The study documented the types of /raffle
enfOl'Cemem methods and the range of OPtions a\18ilable to pollcfng authorities to increase the
overall etridency, in terms of cost and human resources, and effectiveness of enforcement
operations. The general conclusions of the study were that the success of enforcement is
d.""ndent on its al;flty to ".... a me""ingful""......, ..... to road uSetS. To _ ,~~, l~.
prlmaty fOCUS should be on increasing surveiUance leII8'8 to ensure that perceived aPPrehension
risk is high. The study also fOUnd that significantly increasing the actual level of enforcement
activity is the most effective means of increasing the perceived risk of apprehension. One of the
ways to Increase the level of surveillance Is through technology, Radar and laser detection
devices are complementary teChno/ogles which Provide different capabilities. Radar allows
0"""," to 'mok multiple ""~Iclos and to 'rack VOhicIos whilo _Ing. ......, alo... _ to .......
speci1lc vehicles in congested areas and ;s more weather-resistant. The PUrchase of hSnd-held
and """"""'"n.... ra""",tog_ - ~and-hold ...... ""_ ..-.. a _ 01 Cil""btitl..
to "fa,"" "lfic - mom -lenity by """""ling ""lemtnce /Ilrougtl.n """""""" ""'""Plion '"
enforcemttnt level. In addition to radar and laser devtces the Sherltrs Department has identified
'... need '" pu-.. ., ClIt OVO ,""""",,", In. Whito Paper enllttod, en_.n, In-ca, VId<to
C_NItIe., La1y S~llI1>. In -. 'he ""'Ue '" police "'- wroto Jhat vldoo _no _noJogy
I. an ..... ..... any om.... -dllzen C<>nlacJ, dtl2en lranaport In pol/ca _, """ p_ _.. 'olatad
Questions. Typical benefits are increaSed convlctloo rates, less time in cOOrt Proceedings ana
I/'igation. ""''''''sed ""'- awaren... ot - COnduct, 'aini.. attu-.. """ "'In....cement, and
overalf easier understanding of any (recorded) situation. In a time of shrinking budgets, the
bon.... rosJlzed In fimo 'lIVlngs and offlciency .... a m... '" m.'ma., lI10 nBOded 1_ '" Jaw
enlorcement -. The Middle K.y. Soctor "'''' Men... County She..... OJllce w~ pro"""
In car OVO - ~ ....... .....d-h.,d radar, dash-moun.... radMs, la.ar devi., nigh!
vision devices, and tint meters with reference samples.
Application Ref ft.
Contract
201 ()..ARRC-320
201 Q..ARRC-MONR_7_ W7-
Section 112 Page 3 of 4
RU/. R__ence 110.QOI1Il r'r '''-N11t '_.. .. "' ____.
Application for Funding Assistance
Frorida Department of Law Enforcement
American Recovery Act - JAG Countywide
r
Section Questions:
Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from
the U.S. Department of Justice?
Answer: No
Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or
more from the U.S. Department of Justice?
Answer: No
Application Ref"
Contract
2010-ARRC-320
.ARRC.MONR. - _
Section #2 Page 4 of 4
RUle RellIttl\Ca 110.9.006 OCJG-OOS (rev. AptIJ 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
General Performance Info:
Performance ReportIng Frequency:
Quarterly
Feder.' Purpo.. Area: 001 . Law Enforcement Programs
State Purpose Area: E . Equipment Supplies. Purchase Equipment/Supplies
Activity DescriptIon
ActivIty: Equipment and Supplies
Targe. Group: Equipment and Supplies
GeographIc Ar.a: Countywide
Location Type: Sheriffs Office
Objectlvel and Measurll
ObJectIve: 25.E.SI. Amount of funds expended on equipment and/or supplies
Measure: Part 1
Amount of funds to be expended to purchase equipment and/or supp,les
Goal: 58,646.00
Objective: 26.E.SI . Types of eQUipment and/or supplies purchased with JAG funds
Measure: Part 4
Purchase equipment and/or supplies other than COUrt Supplies, computer software, or
firearms
Goal: Yes
ObJective: 27.E.SI. Number of units to directly benefit from equipment and/or supplies
purChased with JAG funds
Measure: Part 1
Number of units that expended grant funds to purcnase eQlJipment or supplies
Goal: 1
Measure: Part 2
Number of units that will directly benefit from equipment and/or supplies purchased
with JAG funds
Goal; 1
ObJective: 28.E.SI - Percent of crim;nal justice staff who reported a desired change in Job
performance or in program quality as a result of equipment or supplies purchased by
JAG fUnds
Measure: Part 1
ApplicatIon Ret II-
Contract
20 'o-AARC-320
2Q1 O.ARRC.MONR-7 .Wl.
Section ~3 Page 1 of 4
Rule Refwence 110.9.006 OCJG-OOS (r.v. AotfJ 2005\
------
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
Number of criminal justlce staff 10 receive equipment and/or supplies as a result of
JAG funds
Goal: 11
Measure: Part 2
Number of staff who will report a desired change in job performance as a result of
equipment and/or supplies purchased with JAG funds
Goal: 11
Measure: Part 3
Number of staff who w~1 report a desired change in program quality as a result of
equipment and/or supplies purchased by JAG funds
Goal: 11
ObJective: 52.E.SI- Number of equipment items purchased with JAG funds by type of
equipment
Measure: Part 1
How many weapons will be purchased?
Goal: 10
Measure: Part 11
How many in-car camera systems will be purchased?
Goal: 8
Measure: Part 16
How many other pieces of equipment will be purchased?
Goal: B
Measure: Part 2
How many pieces of equipment for police cruisers win be purchased?
Goal: 2
State Purpose Area:
REC - Recovery Act Measures
Activity: Recovery Act
Target Group: Recovery Act
Geographic Area: Countywide
Location Type: Sheriffs Office
Activity DescrIptIon
Application Ref #
Contract
2010.ARRC.3Z0
2010-ARRC-MONR.7.W7_
Section #3 PagfJ 2 of 4
Rule Refetenea 11 O.Q.OO6 OCJG..oos {rev. Aof1l 2rlO!l
Application for Funding Assistance
Florida Department of law Enforcement
American Recovery Act - JAG Countywide
ObJective. and Measure.
ObJ.ctlv.: RC - Number of Jobs created or saved (by type) due to Recovery Act funding
Measure: Part 1
Number of jobs to be prevented from being elIminated with Recovery Act funding
Goal: 0
Measure: Part 2
Number of jobs that were elJmlnated within thlt last 12 months that will be reinstated
with Recovery Act funding
Goal: 0
Measure: . Part 3
Number of }obs to be created with Recovery Act funding
Goal: 0
Application Ref #
Contract
2010-ARRC.320
2010-ARRC-MONR_7_WT_
Section #3 Page 3 of 4
R.n. R8'er.n~ IID.9.00Illlr..!n./\/l.'_, ^_... ..__.
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
Section Questions:
Question: If .other" was selected for tile geographic area, please describe.
Answer: Not applicable
Quest/on: If .other" was selected for location type, please describe.
Answer: Not applicable
<luestlon: What'. the Physical.""'" 01 your pnma/y -.nee Iocatlon? Th,.,..
physical location, not a mailing address. If your PhYSical1ocatlon is contldential, enter
the address o( ttJe next highest level of your organization. Enter only one address.
Answer: AgencyName: Monroe County Sheriffs OtrlCa
Address1: 3101 Overseas Highway
Address2:
City: Marathon
State: FL
Zip: 3305()..2348
CongreSSionalOist: 1 e
Applicalicn Ref II-
Contract
2010-ARRC-320
201 O-ARRC-MONR_7 _ W7 _
Sect/on #3 Page 4 of 4
RlJIlI R~'lIrlH'lcll f 10-9,0011 OCJG.o05 (rev. AoriI2OfJ!I\
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
L
General Fln_nclal Info:
Note: AU fInancial remittances will be sent to the Chief Financial Officer
01 the Subgrantee Organization.
Flnancla.t Reporting Frequency for this 8ubgrant: Monthly
Is the subgrame. a state agency.?: No
FlAIR I Vendor Number. 596000749
Bud~
Budget Categoty Federal M8tch To....
Salaries and Benefits $0.00 $0.00 $0.00
Contractual Services $0.00 $0.00 $0.00
Expenses $9,820.00 so. 00 $9,820.00
Operating Capital $48,826.00 so. 00 $48.826.00
0uUay
Indirect Costs $0.00 $0.00 SO.OO
- T ota.ta - $5'.84t.OO SO.OO $58,6.cI.OO
Per'Cllntag. 100.0 0.0 100.0
Project Generated Incom.:
mn the project Nm project ginerated Income (PGI) ? No
Application Ref if. 201Q-ARRC-320
Contract 201 Q-ARRC-MONR-7 -W7-
Section Al4 Page 1 of 4
RuJe RelertW')r;Jt "n..Q: I'"ltIA r'U'" 'nJV'tl: I....., ^......l "l^^.'
J
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
Budget Narrative:
Budget Narrative
Capitaj Outlay:
Item; In Car DVD Video Recorder with InstallatIon
Unit Price: $5,190.10
Units: 8
Total: $41,521
Item: Hand-Hefd Radant
Unit PrIce: $2,030.00
Units: 1
Total: $2,030.00
Item: Laser Traffic Enforcement Device
Unit Price: $2,275.00
Unlta:1
Total: $2,275.00
Item: Dash-Mounted Radar Devices with Installation
Unit PrIce: $1,500.00
Unlta:2
TotaJ:$3,OOO.00
Total Capital Outlay: $48,826.
Expenses:
Item: Night VIsion Devices
Unit Price: $480.00
Unlts:2
Total: $960.00
Item: Tasers
Unit PrIce: $820.00
Units: 1 0
Total: $8.200.00
Iterrt: Window rlllt Meters and Reference Samples for Calibration
Unit Price: $165.00
Units: 4
Total: $660.00
Totat Expenses: $9,820
TOTAL BUDGET: $58,646
Application Ref Ii
Contract
201D-ARRC-320
201Q-ARRC-MONR-7-W7_
Section #4 Page 2 of 4
Rule RIItwenca 110.9.006 OCJG-OOI5 (rev. AOtI 20(5)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recov8fY Act . JAG Countywide
Budget Narrative (Continued):
AppllcatJon Ref II
Contract
2010-ARRC-320
201Q..ARRC-MONR-7-W7_
Section ~ Page 3 of 4
RIM R6f..ence 110.9.008 OCJG-005 {rev. April 2(05)
~edion Questions:
QUestion: If salaries and benetlts are induded In the budget as actual costs for staff In the
implementing agency, is there 8 net P8r30nnel Increase, or a continued net personnel
increase from the previous Byrne program?
NA
Application for Funding Assistance
FrOrida Department of Law Enforcement
American Recovery Act - JAG Countywide
l
Answer:
Ouest/on: Jf benefits are to be induded, are they reffected in the budget narrative?
Answer: NA
Question: If indirect coat Is included In the bodget, indicate the basis for the plan (e.g. percent of
salaries and benefits), and provide documentation of the aPPl'OI)rlate approval of this
plan.
Answer: NA
Question: If the budget indudes services based on unit costs, provide a definition and cost for
each service as part of the budget narrative for contractual services. Include the basis
for the unit costs and how recently the basis was established or updated.
Answer: NA
Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or
Implementing agency, it It is the sherlfrs office.
Answer. The Operating Capital Outlay threshold for the Morvoe County Sherltrs Office Is
$1,000.
Application Ref #
ContraQ
2010-ARRC-320
2010-AAAC-MONR_7_W7_
Section /lI4 Page 4 of 4
RUle Relwence 110-9.00tl QCJc;.nn!\ ,"_ d~'" 1~M'
Edward B me Memorial Justice Assistance Grant JAG
Florida Department of law Enforcement
Sblndard Condition.
Condition, 0' ag"emen' ",..,iring comp'ane. by uni" 0' rocal gO,.mmen t (,ubg'anl "'dp;en"),
;mplementing agenci." and stat. ag.nc",. upon 'Igned aco'plan"'ofth. sUbg""" aw,,", ap..", in
this section. Upon approval of this subgrant, the approved application and the fOlloWing terms of
conditions will become binding. Failure to COmply with prOvisiOns of this agreement will result in
"'qui"", CO,_. action up to and ""Iud"'g ""'ie<:t "'sts b"'ng d;,~,,_ and "mIination 01 the
project, as specified in item 17 of this section.
1, All Subgranl R..lpI..... m.., .omply wfth "'. "an."'..,d adm'''''''''aft.. reqo......,....
to"h In .... .urronl ed""'n Of.... U.9. O.,........n. of Ju.".., 0",.. Of J..... Prug.....
(OJP) F'n.n...' Ouldo (F...n.,.. Guld.) 'nd "'. ~dw'rd Ilyrn.lIlemoria' Ju.... A.."......
Grant (JAG) prug.... guldan.... "''''' F.d..., '''M.., regu'..on., pOIIe'.., 901d."n..
and requlrem.nts and Florida raWl and regulation. InCluding but not limited to:
· Florid. AdmInIstrative Cod., Chapter 110-9, "Edward Byrne Memorial State and local
~w Enforc.ment A"'.tanc. FOnYlula Grant Program"
· 0"'. of M.n.gem.nt and OOdg.. (OMO) Circ."r A.21 (2 CFR 220), "Co., P".'pI.. 'or
Educatlonal InstitutIon."
· OMS CircUlar A-67 (2 CFR 225), "Cost Principle. for Stat., local and Jndian Tribal
Governmenw"
· OMS Circular A-102, "Granta and COOperatlv. Agre.menq with Stat. and Local
Gov.rnmenq"
· OMS CIrc.'ar A.ll0 (2 CFR 21.~ "Uniform ...mlnl......... R.q.'rem.n.. '''' Orants and
Coop.ratlve Agreements"
· OMS Clrcul.r A-122 (2 CFR 230), "Coet Prfnclp," for Non-Proflt Organization,"
· OMS CIrcUlar A-133, "AUdits of Stat", Local Gov'rnmenta, and Non-Profit
Organlzatlonl"
· 28 CFR 3', "equal Treatm.nt for Faith-Sal'd Organlutlo,,-t1
· 28 CFR ef, "U.S. aepartment of Juatlce Common RuI. for Stat. And Local
Governments" (Common Rule)
· 2' CFR 83, "Government_Wide R~Ulr,,"'nta ror Drug-Free Workplac. (Grants)"
· 28 CFR 18, 22, 23, 30, 35,42,111, and 63
· Public Law 109-182, TItle XI-o'partm.nt of Justlc. R.authorlzatlon, Subtltl. 8-
ImprOvIng the Department or Ju.tI~.. Grant Program., Chapter 1-AUlltlng Law
~nlorcem.o' 'od Crlmln.' J..... Agone..., S... 1111. ....." .'Oyrn. Grant Program
and lOCII Law Enforc.ment BlOCk Grant Program
· 42 U.S.C. 3711 et seq., "Ornnlbul Crlm. Control and Sar. Str,silI Act ot 1988"
2. Allowabl. COlts
a. Allowanc.,or cost, incuned unde, "'e ,ubg,anl shall be dote""'ned "CO""ng '0 "" g'n"al
principles and standards for selected cost items set forth in the OffICe of Justice Programs
Flnanclai Guid., U.S. Department of JU,tic. Com""n Ru'. to.. Sial. And Local Governmen"
and federal OMS Circular A-87, "Cost PrinCiples for State, lOCal and Indian Tribal
Governments." or OMS Circular A-21, "Cost Principles for Educational Institutions.".
b. All "_du"" emplOYed in the u.. 0' fede",' ~nds 'or any P'PCu"...nl .h.II be ac",,"~g
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.
SFY 2010
Page 1
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
3. R.pon.
a. Projeet Perlormance Reports
(1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of law Enforcement, hereafter known as
the Department. Within 15 days after the end of the reporting period. In addition, if the
subgrant award period is extended beyond the "originar' project period, additional
Quarterly Project Performance Reports shall be submitted.
Failure to submit Quarterly Perlormance Reports that are complete, accurate, and timely
may result in sanctions, as specified in item 17, Performance of Agreement Provisions.
(2) Report Contents: Perlormance reports must include a response to all objectives included
in your subgrant. A detailed response is required in the narrative portion for yes/no
performance objectives. The narrative must also reneet on accomplishments for the
quarter and identify problems with project implementatlon and address actions being
taken to resolve the problems.
b. Flnancl., R.ports
(1) Project Expenditure Reports
(a) The subgrant recipient shafl have a choice of submitting either a Monthly or a
Quarterly Project Expenditure Report to the Department Project Expenditure
Reports are due thirty-one (31) days after the end of the reporting period. In addition,
jf the Subgr3nt award period is extended, additional Project Expenditure Reports shall
be submitted. Project Expenditure Reports for grants made under the Recovery Act
must be submitted monthly. See the Recovery Act Conditions for additional
information.
(b) All project expenditures for relmbursemenl of subgrant recipient costs shall be
submitted on the Project Expenditure Report Forms prescribed and provided by the
Office of Criminal Justice Grants (OCJG) through the Subgrant Information
Management ON-line (SIMON) system.
(c) All Project Expenditure Reports shall be submitted In sufficient detail for proper pre.
audit and post-audit
(d) Before the "final~ Project E><penditure Report will be processed, the subgrant
recipient must submit to the Department all outstanding project reports and must
have satisfied all special conditior'ls. Failure to comply with the above proviSions
shall result in forfeiture of reimbursement.
(e) Reports are to be submitted even when no reimbursement is being ~quested.
(2) The Financial CrOSeout DocumentatIon shall be submitted to the Department within forty-
five (45) days of the subgrant termination date.
(3) If applicable, the subgrant recipient shaJl submit Quarterly Project Generated Income
Reports to the Department within 31 days after the end of the reporting period covering
subgrant project generated income and expenditures during the previous quarter. If any
PGI remains unspent after the subgrant ends, the subgrant reCipient must continue
SFY 2010
Page 2
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
submitting quarterly POI reports until all funds are expended. (See Item 10, Program
Income.)
c. Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonabry required by the Department.
4. File.' Control ana Fund Accounting Procedure.
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 D6partment.
b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs
Financial Guide, the Common Rule, and OMS Circulars A-21, A-87, and A-110, or A.102 as
applicable, in their entirety.
c. All funds not spent according to this agreement shall be subject to repayment by the subgrant
recipient.
5. Payment Contingent on Appropriation and Avail_bit Fundi
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 ot
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of Subgrant Recipient FuncJ.
Subgranl funds shall not under any circumstances be obligated prior to the effectjve 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 dale of the subgrant recipient's project are
eligible for reimbursement.
7. Advanc. Funding
Advance funding shall be provided to a subgrant recipient upon a written request to the
Department.
8. Tru.. Fundi
s. The unit of local government must establish a trust fund In which to deposit JAG funds.
The trust fund mayor may not be an interest bearing account.
b. The account may earn interest, but any earned Interest must be used for program purposes
and expended before the subgrant end date. Any unexpended interest remaining at the
end of the sub grant period must be submitted to the Office of Criminal Justice Grants for
transmittal to the Bureau of Justice Assistance.
9. Travel and Training
The cost of all travel shall be reimbursed according to the subgrant recipient's written travel
policy. If the subgrant recipient does not have a written travel polley, cost of all travel will be
reimbursed according to ~ 112.061, Fla. Stat.
SFY 2010
Page 3
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
10. Program Incom. {also known ae Project Generated Incom.,
a. All income generated as a direct result of a subgrant project shall be deemed program
income.
b. Any project thai will potentially earn PGI must submit an Earnings and Expenditures Report
to report how much PGI was earned during each quarter. A report must be submitted each
quarter even jf no PGI was earned or expended.
c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants.
Program income must be used for the purposes of and under the conditions applicable to
the award. If the cost is allowabfe under the Federal grant program, then the cost would be
allowable using program income.
d. Program Income should be used as earned and expended as soon as Possible. Any
unexpended PGI remaining at the end of the Federal grant period must be submitted to the
Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance.
11. Approval of Consultant Contrac..
The Department shall review and approve in writing all consultant contracts prior to employment
ot a consultant when the consultant's rate exceeds $4~O (excluding travel and subsistence coslS)
for an eight-hour day. Approval shall be based upon the contracfs compfiance with requirements
found in the Financial Guide, the Common Rule, and in applicable stat. statutes. The
Departmenrs approval of the subgrant re<;;iplent agreement does not constitute approval of
consultant contracts. If consultants are hired through a competitive bidding process (not sofe
source), the $450 threshold does not apply.
12. Property AccountabUfty
a. The subgrant recipient agrees to use all non-expendable property for criminal justice
purposes during its usefuj life or dispose of it pursuant to ~ 274, Fla. Stat
b. The subgrant recipient shall establish and administer a system to protect, preserve, use,
maintain and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement according to federal property management standards set forth in
the Office of Justice Programs FinancIal Guide, U.S. Department of JUstice Common Rule for
State and local Governments or the federal OMB Circular A-l10 or A-102, as applicable.
This obligation continues as long as the subgrant recipient retains the property,
notwithstanding expiration of this agreement
13. Ownership of Data and Creative Mat.rial
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinale to this agreement Is govemed by the terms of the Office of Justice Programs
Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and
Local Governments, or the federal OMS Circular A-11 0 or A-1 02, as applicable.
14. COPyright
The awarding' agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, 'or Federal governmeni purposes;
a. The copyright in any work developed under an award or subaward. and
SFY 2010
Page 4
Edward Byrne MemoriaJ Justice Assistance Grant (JAG Pr ram
Frorida Department of Law Enforcement
b. Any rights of Copyright to which a subgrant recipient or sUbrecipient purchases ownership
wjth support funded under this granl agreement.
15. Publication or Printing of ReporU
The Subgrant recipient shall submll for review and approval one COpy of any curricula. training
materials. or any other written materials that will be pub/ish ed, incJtJd/ng web-based materials and
web srte content through funds from this grant at least thirty (30' days prior to the targeted
dissemination date.
All materials Publicizing or resulting from award activIties shall contain the fol/owing statements:
"This project was sUpported by Award No. (contact the Office of Criminal Justice Grants for award
numberJ aWarded by the Bureau of Justice Assistance, Office of Justice Programs. The Opinions.
findings, and conclusions or recommendatJons expressed in this PUblication/program/exhibition
are those of the author(s) and do not necessarily reflect the views of the Department of Justice."
16. Audit
a. Subgrant recipients that expend $500,000 or more in a year In Federal awards shall have a
single or program-specific audit conducted for that year. The audit shall be performed in
accordance with the federal OM8 Circular A-133 and other applicable federa/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 cont1act number, CFDA numbM,
award amount, contract Period, funds receiVed and disbursed. When applicable, the
slIbgrant recipient shalf submit an annual financial audit that meets the requirements of ~
11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rtJles."; , 215.97, Fla. Stat,
"Florida Single AudIt Act"; and Rules of the AUditor General, Chapter 10.550, "local
Governmenta, Entity Audits" and Chapter 10.650. "F/orida Sing'e Audit Act Audits Nonprofit
and For-Profit Organizations..
b. A complete audit report that COVers any POrtion of the effective dates of this agreement must
be submitted within 30 days alter its completion, but no later than nine (9) months after the
audit period. In order to be complete, the submitted report shall inclUde any management
letters ISSued separately and management's written response to all findings. both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant reCipient shall have al/ audits completed by an Independent Public Accountant
(rPA). The IPA sharr be either a Certified PUbrlc Accountant or a licenSed PUblic Accountant.
d. The subgrant reCipient shall take appropriate COrrective action within six (6) months of the
iSsue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit WOrking papers are made available to the
Department, or its designee. upon request for a period of three (3) years from the date the
audit report IS iSSued, unless extended in writing by the Department
f. Subgrant recipients thaI expend Jess than $500,000 in Federal awards during a fiscal year
are exempt from the aUdit requirements of OM8 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 laler than
March 1 following the end of the fiscal year.
SFY 2010 Page!
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of law Enforcement
g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after sud'1 closeout.
h. The completed audit report or written notiffcatlon of audit exemption should be sent to the
rorrowing address;
Florida Department of Law Enforcement
Office of Criminal JustJce Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. Performance of Ag....m.nt Prov'-Ione
In the event Of default, non..compliance or violation of any provision of this agreement by the
subgrant recipient, the subgrant recipienrs consultants and suppliers, or both, the Department
shal/lmpose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whore 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 satJsfactorily
performed prior to the effective date of such sanction.
18. Commencement of Project
a. If a project Is not operational within 60 days of the original start date of the award period, the
subrecipient must report by letter to the Department the steps taken to initiate lhe project, the
reasons for delay, and the expected start date.
O. Jf a project fs not operational within 90 days of the original start date of the award period, the
subreclpfent must submit a second statement to the Department explaining the
implementation de ray.
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, unilateraUy terminate this agreement and re-
obligate subgrant funds to other Department approved projects. The Departmen~ where
warranted by extenuating circumstances, may extend the startlng date of the project past the
ninety (90) day period, but only by formal written adjustment to this agreement.
19, Excusable eelay.
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) it 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 Ihe public enemy, acts of the government In either its sovereign
or contractual capacity, fires, flOOdS, epidemics, Quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but In every case, the failure to perform shall be
beyond the control and witf10ut the tault or negligence of the subgrant recipient.
b. It failure to perform is caused by failur. of a consultant to perform or make progress, and jf
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,
Spy 2010 PRge 6
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
(2) The Department ordered the subgrant recipient in writing to procure such suppfles or
services h'om other sources, and
(3) The subgrant recipient failed to reasonably comply with such order. .
c. Upon request of the subgrant recjpjen~ the Department shall ascertain the fads and the
extent of such failure, and if the Department determines that any faIlure to perform was
occasioned by one or more said causes, the deUvery SChedule shan be revised accordingly.
20. Written Approv" of Chang.. In this Approv~ Agreement
a. Subgrant recipients must obtain prior approval from the Department for major substantive
changes such as changes in project activities, target populations, service providers,
implementatioo schedules, project director, and designs or research plans set forth In the
approved agreement and for any budget changes that will transfer more than 10% of the total
budget between budget categories.
b. SUbgrant recipients may transfer up 10 10% of the total budget between current, approved
budget categories without prior approval as long as the funds are transferred to an existing
Une item
C. Under no circumstances can transfers of funds increase the total budgeted award.
21. DlsputH and Appeal.
a. The Department shall make its decision in writing when responding to any disputes.
disagreements, or questions of fact arising under this agreement and shalf distribute its
response to all concerned parties. The subgrant recipient shall prOCeed diligently with the
performance of this agreement according to the Departmenrs decision.
b. If the subgrant recipient appeals the Department's decision, tile 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 ~ 120, Fla. Stat.,
and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to
appeal within this time frame constitutes a waiver of proceedings under ~ 120, Fla. Stat.
22. Conter.ncH and InspectIon of Work
Conferences may be held at the request of any party to lhJs agreement. At any time, a
representative of the Department of the U.S. Department of Justice, or the Auditor General of the
State of Florida, have the right of visiting the project site 10 monitor, inspect and assess work
performed under this agreement.
23. Acee.. 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 thair duly authorized
representatives, shall have access to books, documents, papers and records of the Subgrant
recipient, implementing agency and contractors fOf the purpose of audit and examination
according to the Financial Guide and the Common Rule.
b. The Department reserves the right to uniratsrally 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 9 119, Fla. Slat. . and
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Pro~ram
Florida Department of Law Enforcement
made or received by the sllbgrant recipient or its contractor in conjuncllon with this
agreement.
c. The subgrant recipient will give the awarding agency or the General Accounting Office,
through any authorized representative, access to and the right to examine aU paper or
electronic records related to the financial assistance.
24. Retention of R~ord.
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the flnal financial statement and be availabfe for audll and public disclosure upon
request of duly authorized persons.
25. Signature Authority
The Subgrant Recipient Authorizing otflcial or Designated Representative and the Implementing
Agency Off'lcial, 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 Sore Source, ADP Justification and the
Privacy Certification forms. The Project Director has authority to submit requests for approval of
specitlc 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 S ubgrant
Recipient or authorized designee.
26. Defegatlon of Signature Authority
lNhen the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief oftlcer or elected official must submit to the
Department a letter or resolutioll indicating the person given signature authority. The letter
indicating deregation of signature authority must be signed by lhe chief offlcer or elected official
and the person recei....ing signature authority. The tetter must also specify the authonty being
delegated.
27. Personnel Ching..
Upon implementation of the project, in the event there is a change in Chief Executive Offleers for
the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, Ihe
Department must be notified in writing with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless othelWise provided by law, the provisions of ~ 435. Fla. Stat. shall
apply.
a. All posltlons in programs providing care to children. the developmentally disabled. or
vulnerable adults tor 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotllne; and all persons workIng under contract who have
access 10 abuse records are deemed to be persons and positions of special trust or
responsibility and require employment screening pursuant 10 ~ 435. Fla. Stat, using the Jevel
Z standards set forth in that chapter.
b. All employees in positions deSignated by Jaw as pOSitions of trust or responsibility shall be
required to undergo security background investigations as a condition of employment and
continued employment. For the purposes of the subsection, security background
investigations shall include. but not be limited to. employment history checks. fingerprinting
SFY 2010
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Edward B me Memorial Justice Assistance Grant JAG Pro ram
Florida Department of law Enforcement
for a/I purposes and checks in this subsection, statewide criminaJ and juv~ile recOrds checks
through the Florida Department of Law Enforcement. and federal criminal records checks
through the Federal Bureau of rnvestigat;on, and may include focal criminal records checks
through local Jaw enforcement agencies.
(1) Any person who is required to undergo such a security background invesligation 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 investfgations shaH be conducted at tf'Ie expense of the employing
agency or employee. When fingerprinting is required, Ihe fingerprints of the employee
or applicant tor employment shari be taken by the employing agency or by an
authorized law enforcement offlcer 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 emproying agency shall
reimburse the Department of law Enforcement for any costs incurred by it In the
processing of the fingerprints.
29. Drug Court Projects
A Drug Court Project must comply with ~ 397.334, Frs. Stal., "Treatment..aased Drug Court
Programs. .
30. Overtime for Law enforcement Personnel
Prior to obligating funds from thIs award to support overtime by Jaw enforcement Office,." 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 a's increaSed court dOCkets and the need for detention sPace.
31. Crlmlnat Int.llIgence System
The subgrant recipient agrees that any information technology system funded or supported by the
Office of JUstice Programs funds will comply with 28 C.F.R. Part 23, Criminal InteHigence
Systems Operating POlicies. if the Office of Justice Programs determlnes thiS regulation to be
applicable. Should lhe Office of Justice Programs determine 28 C.F.A. Part 23 to be applicable,
the Office of Justice Programs may, at its discretion, perform aUdita of the system, as per 28
C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 OCCur, the recipient may be fined as
per 42 U.S.C. 3789g(c)-(d). RecipIent may not satisfy such a ffnft with federal fund..
32. ConfldenU., Funds
A signed certJfication that Ihe project director or the head of the ImPlementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential flJnds as set forth in the
effectIve edItion of Ihe Offlee of Justice Programs Financial GUide is required from all projecl$
lhat are involved with confidentIal funds. The signeq certification must be submitted at the time ot
grant application.
33. equ., Employment OpportunIty (eeO)
a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of
race, color. national Origin, religion, sex, disability, or age in fUnded programs or activities. All
subgrant recipients and impfementing agencies must COmply with any applicable statutOrily_
impOSed nondiscrimination requirements, which may include the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. ~ 3789d); the Victims of Crime Act (42 U.S.C. ~
10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 V.S.C. g
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
5672(b)); the Civil Rights Act of 1964 (42 U$C. S 2000d); lhe Rehabilitation Act of 1973 (29
U.S.C. S 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. ~ 12131-34); the
Education Amendments of 1972 (20 U.S.C. ~1681, 1683,1685-86); the Age Discrimination
Act of 1975 (42 U.S.C. 9S 6101..Q7); and Department 0' Justice Non-Discrimination
Regulations 28 CFR Part 42: see Ex. Order 13279 (equal protection of the laws for faith-
based and community organizations).
b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more
employees and It has received any single award of $25.000 or more from the Department of
Justice. The plan must be prepared using the Of1-line short form at
http://WYIW.Ojp.usaOj.gov/aboutlocr/eeoP30mply.htm. must be retaIned by the subgrant
recipient or implementing agency, and must be available for r!View or audit. The
organization must also submit an EEO Certification to FDLE.
c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has
received any single award of $500,000 or more from the Department of Justice, It must
submit its plan to the Department of Justice for approval. A copy of the Department of
Justice approval letter must be sUbmitted to FDlE. The approval letter expires two years
from the date of the Jetter.
d. A subgr,nt recipient or implementing agency Is eXltmpt from the EEO Plan requirement jf it is
has fewer than 50 employees or if It does not receive any single award of $25,000 or mol1l
from the Department of Justice or if it ;s a nonprofit organization, a medical or educational
institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, It
must submit an EEO Certification to FDLE.
e. The subgrant recipient and implementing agency acknowledge that failure to comply with
EEO Requirements wIthin 60 days of the project start date may result in suspension or
termination of fundin~, until such time aa It is in compliance.
f. In the event a Federal or State court of Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds of race, c%r, religion,
national origin, sex, or disability against a recipient of funds, the recipient will fOl'Ward a COpy
of the finding to the Office for Civil Rights, Office of Justice Programs.
34. Am.rlc..,. with Dlsabllitl.. Act
Subgrant recipients must comply with the requirements of the Americans with Disabilities Act
(ADA), Public law 101.336. which prohibits dlSCl'imination 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 lI), public accommodations
(Title Ill), and telecommunications (Title IV).
35. ImmigratIon and Nationality Act
No public funds willln(erttionaHy be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained In 8
V.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The
Department shall consider the employment by any contractor of unauthoriZed atlens 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
JI. Natlona' Environmental POlicy Act (NEPA)
a. The subgrant recipient agrees to assist FDLE in complying w~h the NEPA, the National
Historic Prese~ation Act, and other related federal environmental impact analyses
SFY 2010
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Edward B rne Memorial Justfce Assistance Grant (JAG p~ ram
Flonda Department of law Enforcement
requirements in the use of subgr3nt funds by the subgrant recipient. This applies to the
~ollowing new activities whether or not they are being spec;fically funded with these subgrant
funds. That is, it applies as long as the activity is being conducted by the subgrant recipient
or any third party and the actiVity needs to be undertaken in order to use these subgrant
funds,
(1) New construction;
(2) Minor renovation or remodeUng of a property either (a) listed on or eligible for listing on
the National Register of Historic Places or (b) located Within a 100-year f100ct plain;
(3) A renovation, lease, or any other proposed use of a building or facirlty that will either (a)
result in a change in its basic prior use or (b) significantly change it$ size; and
(4) Implementation of a new program invOl\Iing the use of chemfcals other than chemicals
that are (a) PlJfChased as an incidental component of a funded activity and (b)
traditionally used, For example, in office, household. recreational, or educational
environments.
(5) Implementation of a program relating to clandestine methamphf!ltamine laboratory
operations, including the identification, seizure, or closure of clandestine
melhsmphetaminelaboratories.
b. The $ubgrant recipient Understands and agrees that complying with NE?A may require the
preparation of an Environmental Assessment and/or an Environmental Impact Statement, as
directed by the Bureau of Justice Ass/Slance. The subgrant recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed by the
Department of Justice, for programs relating to methamphetamine raboratory operations.
c. For any of a subgrant recipient's e:dstJng programs or activities that will be funded by the~
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Df!lPartment of Justice, agrees to COoperate with the Oepartment of Justice in any preparation
by Department of JUstice of a national or program environmental assessment of that funded
program or activity.
37. Non-Procurement. D.barm.nt and SU.p.nSlon
The sUbgrant recipient agrees to comply with Executive Order 125-49, Debarment and
Suspension and 2 CF R 180, "OMS Guidelines To Agencies On Govemmentwicle Debarment And
Suspension (Nonprocurement)" These procedures require the subgranl recipient to certify it shall
not enter into any lower tIered covered transaction with a person who is debarred, SlJspended,
declared ineligible or is voluntariry eXCluded from participating in this covered transaction. unless
authorized by the Department If the subgrant is $100,000 Or more, the sUbgrant recipient and
implementing agency certify that they and their prinCipals;
a. Are not presently debarred, suspended. proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or VOluntarily excluded
from COvered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this application been convICted of or had a civil
judgment rendered against them for commission of fraUd or a criminal offense in connection
with obtaining, attempting to obtain, or perfOfming a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements. or receiving stolen property;
SFY 2010
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, , .
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
c. Are not presently indicted for or otherwise criminally 0( civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1 )(b) of this certification; and
d. Have not within a three.year period preceding this application had one or more public
transactions (Federal, Slate, or local) terminated for cause or default.
38. Federal R..trlctJon. on lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and Shall tile the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more.
b. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification ;s a prerequisite to entering into
this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person
who fails to tile the required certification is subject to a civil penalty of not less than $10,000
and not more than $100.000 for eacn failure to file.
c. As required by 31 use 1352, and implemented at 28 CFR 69. for persons entering into a
grar'it or cooperative agreement over $100,000, a! defined at 28 CFR 69, the applicant
certffies that;
( 1 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for InfluenCing or attempting to influence an officer or
employee of any agency, a Member of Congress. an officer or employee of Congress,
or an employee of a Member of Congress in connection with the making of any Federal
grant, the entering Into of any cooperative agreement. and the extension, contJnuation,
renewal. amendment, or modification of any Federal grant or coopera~ve agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form. LLL. "Disclosure of
Lobbying Activities," in accordance with its instructions;
(3) The undersigned shall require that the language of thIs certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that aU sub-recipients shall
certify and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above. the expenditure of funds for the purpose
of lobbying the legislature or a state agency ;s prOhibited under this contract.
40. Addltionaf R..trictions on Lobbying
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment repeal, modifICation or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of the OffICe of
Justice Programs.
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
41. "PlY - to - 9tay"
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-te-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 juriS<liction.
42. Mitigation of Health, Safety Ind Environmental riskl d.allng with Clandestln.
Methamphetamln. Laboratorial
If an award is made to support methamphetamine laboratory operations the subgrant recipient
must comply with this condition, which provides for individual site environmental
assessmentJimpact statements as requited under the National Environmental Policy Act
a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and
local environmental, health and safety laws and regulations applicable to the investigation
and closure of clandestine methamphetamine laboratories and the remO\lal and disposal of
the ChemiCals, equipment, and wastes used in or resulling from the operation of these
laboratories.
b. Specific Requirements: The subgrant recipient understands and agrees that any program or
initiative involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental Impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
users, and neighbors of the site of a seized clandestine faboratOty; (3) the seized laboratory
site's immediate and surrounding environment of the sita(s) where any remaining ct1emicals.
equipment, and waste from a seized laboratory's operations are placed or come to rest
Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible
adverse health, safety and environmental impacts from any of clandestine
methamphetamine operations funded under this award, it will (1) include the nine, below
listed protective measures or components; (2) provide for their adequate funding to include
funding, as necessary, beyond that provided by this award; and (3) implement these
protective measures directly throughout the life of the subgrant In 50 doing, the subgrant
recipient understands that it may implement these protective measures directly through the
use of its own resources and staff or may secure the qualified services of other agencies,
contractor or other qualified third party.
(1) Provide medical screening of personnel assigned or to be assigned by the subgrsnt
recipient to the seizure or closure if of clandestine methamphetamine laboratories;
(2) Provide OccupatIonal Safety and Health Administration (OSHA) required initial and
refresher training for law enforcement officials and other personnel assigned by the
subgrant recipient to either the seizure or closure of clandestine methamphetamine
laboratOries;
(3) As determined by their specific duties, equip personnel assigned to the project with
OSHA required protective wear and other required safety equipment;
(4) Assign properly trained personnel to prepare a comprehensive contamination report on
each closed laboratory;
(5) Employ qualified disposal contractors to remove all chemicals and associated
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
glassware, equipment. and contaminated materials and wastes from the site(S) of each
seized clandestine laboratory:
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratOries at properly licensed disposal facilities or, when
allowable, properly licensed recycling facilities;
(7) MonltOf 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
ensura that any residual contamination Is remediated. if necessary, and in accordance
with existing Slate and Federal requirements; and
(9) Have in place and imp/emant a written agreement with the responsible state or local
service agencies to properly respond to any minor, as defined by state law, at the site.
This agreement must ensure immediate response by qualified personnel who can (i)
respond to the potential health needs of any minor at the site; (ij) lake that minor into
protective custody unless the mInor is criminally Invofved in the meth lab activities or is
subject to arrest for other criminal violations; (iii) ensure immediate medical testing for
methamphetamine toxicity; and (iv) arrange for any follow-up medical tests,
examinations, or health care made necessary as a ntsult of methamphetamine toxicity.
43. limited Engllah Proficiency (LEP)
tn accordance with Department of Justice Guidance pertaining to ntle VI of the Cfvil Rights Act of
1964,42 V.S.C. ~ 200Qd, recipients of Federal financial assistance must take reasonable steps to
provide meaningful access to their programs and activities for persons with lEP. For more
information on the civil rights responsibHlties that recipients have in providing language services
to LEP individuals, please see the website at htlp:/Iwww.leo.OQV.
oW. The Coastal Bamer RNourcn Act
The subgrant recipient will comply and assure the compliance of all contractors with the
provisions oflhe Coastal Barrier Resources Act (P.L 97-348) dated October 19,1982 (16 use
3501 at seq,) which prohibits the expenditure of most new Federal funds within the units of the
Coastal Sarrier Resources System.
45. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a. Have an adequate process to assess the Impact of any enhancement of a school security
measure that Is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken
b. Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in Its Final Program Report
48, Environmenta' Protection Agency's (EPA) list of Violating Facilities
The subgrant recipient assures that the facilities under its ownership. lease or supervision which
shall be utilized In the accomplishment of the Program Purpose are not listed on the EPA's list of
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant {JAG) Program
Florida Department of Law Enforcement
Violating Facilities and that it will notify the Department of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a 'acUity to be used in the
project is under consideration for listing by the EPA.
47. Flood Disaster Protection Act
The subgrant recipient will comply with Section 102(a) of the Flood Disaster ProtectIon Act of
1973. Public Law 93-234,67 Stat 975, requiring that the purchase of flood insurance in
communities where such insurance is available as a condition of the receipt of any federal
financial assistance for construction or acquisition purposes for use in any area ltlal has been
identified as an area having special flood hazards.
48. National HI.torlc Preservation Act
It will assist the Department (If necessary) in assuring compliance with section 106 of !he National
Historic Preservation Act of 1966 (16 U.S.C. ~ 470), Ex. Order 11593 (identification and
protection of historic propertJes), the Archeological and Historical Preservation Act of 1974 (16
U.S.C. 9469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.SC. ~ 4321)_
48. Omnlbua Crimi Control and Sat. Streets Act
The subgrant recipient will comply and assure the compliance of all contractors, with the
applicable provisions of Title' of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended; the Juvenile Justice and Oltrinquency Prevention Act, or the Victims of Crime Act; as
appropriate; the provisions of the curr.nt edition of the Office of Justice Program Financial and
Administrative Guide for Grants; and all other applicable State and Federal laws. orders,
circulars, or regulations.
50. Human Re..arch Subjem
Grantee agrees to comply with the requirements of 28 C,F.R. part 48 and aU Office of Justice
Programs policies and procedures regarding the protection of human research subjects, includIng
obtainment of Institutional Review Board approval, if appropriate. and subject informed consent.
51. National Information Exchange Model splclfJeatlons
To support public safety and justice information sharing, the Office of Justice Programs requires
the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines
for this particUlar grant. Grantee shall publish and make available without restriction aN schemas
generated as a result of this grant to the component registry as specified in the guidelines. For
more information on compliance with this condition, visit
htto:Jlwww.niem.Qov/imOlementationauide.ohQ.
52. Reporting, Oat. Collection and Evaluatfon
The subgrsnt recipient agrees to comply with all reporting, data collection and evaluation
requirements, as prescnbed by the Bureau of Justice Assistance in the program guidance for the
Justice Assistance Grant (JAG). Compliance with ltlese requirements will be monitored by the
Bureau of Justice Assistance.
SFY 2010
Page 15
53. Prfvacy Certiflcat/on
The S.ubgrant recipient agrees to comply with all confidentiality requirements of 42 U. S. C. section
37899 and 28 C.F.R. Part 22 that are applicable to Collection, use. and revelation of data or
information. Grantee further agrees, as a Condition of grant approval, to submit a Privacy
Certificate that is in accord With requirements of 28 C. F.R. Part 22 and, In particular, section
2223.
Edward 8 me MemOrial Justice Assistance Grant JAG) Pro r3m
Florida Department of law Enforcement
$4. State Information TechnOlogy Point of Contact
The subgrant recipient agrees to ensure that the State Information Technology Point of Contact
receives written notification regarding any information technOlogy prOject funded by ftlls grant
during the obligation and expenditures period. This;s to facilitate communication among local
and state governmental entities regarding various information technOlogy projects being
conducted with these grant funds. In addition, the recipient agrees to maintain an administratJve
file dOCumenting the meeting of ltlls requirement. For a list of State Information Technology
Points of Contact, go to http;//\WN,t-it.ojp 90VldefaUltaspx?area:policYAndPractJee&page:::1046.
55. Int.rstate Connectivity
To avoid dUPlicating existing networks Or IT systems in any initiativ.es funded by the Bureau of
Justice Assistance for law enforcement information sharing systems which involve interstate
conneCtivity between jurisdictions, such systems Shall employ, to the extent possible, eXisting
networks as the communication backbone to aChieve interstate connectivity, unless the Subgraot
recipient can demonstrate 10 the satisfaction of the Bureau of Justice Assistance thtlt this
requirement woulcf not hI" cost effective or would impair the functionality of an existing or
prOPOsed IT system.
56. SUpplanting
The SUbgrant rllCipient 19.... that "'nd. 'ecaived under 1It~ award "" oot be "led '0 supplan'
State or local funds, but will be used to increase the amounts of SUch funds that WOuld, in the
absence of Federal funds, be made available for law enforcement activitiea.
57. Conflict of Int. rest
The subgrant recipient ana impfementing agency will establish safeguards to Prohibit emproYees
from using their posit/ons for a purpose that constitutes or presents the appearance of personal or
organizational COnflict of interest, or personal gain.
58. Uniform RelocatIon A.slst~nc. and R.al Prop.rty Acqu~itfon. Act
The subgrant recipient will COmply with the requirements of the Uniform Relocation Assistance
and Res' Property Acquisitions Act of 1970 (42 U.S.C. ~ 4601 at seq.), which govern the
treatment of persons displaCed as a result of federa' and federany-asSisted programs.
59. LimItations On Gov.rnm.nt Employees Financed by Federal Asslstanc.
The .ubgran. ",oipien. will Comply with r",u"ments of 5 U.S.C. ~ 150H8 and ~~ 7324-28.
which limit certain political activities of State or lOcal government employeeS whose principal
employment is in connection witfl an activity finanCed in whole or in part by federal assistance.
60. equ'l Treatm.nt for Faith B.aed Organization.
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the
Oepartmen. of Jus." regula"on 90vemi09 "Equat Treatmen' for F.illt B..ed O'll.nizatioos" ('he
Spy 2010
Page 1 ~
. . .
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of law Enforcement
"Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that
Department of"Justlce grant awards of direct funding may not be used to fund any inheren1fy
religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be sepirate in
time or place trom the Department of Justice funded program, and participation in such activitJes
by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal
Treatment Regulation also makes clear that organizations participating in programs directly
funded by the Department of Justice are not permitted to discriminate In the provision of services
on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award,
faith based organizations may, in some circumstances, consider religion as a basis for
employment See http://www.ojp.gov/about/ocrfequaLfbo.htm.
61. CertificatIon for Employees Working Solely on a Slngl. Federal Award
Any project staff that are fully funded by the grant must certify that tt1ey worked solely on the
grant The certification must be prepared at least semi annually and must be signed by tt1e
employee and by a supervisory official having first hand knowledge of the work performed by the
employee.
SFY 2010
Page 17
, . .
Florida Department of law Enforc.ment
Edward Byrn. M.morlal JUltlc. Alsl.tanc. Grant Program
Am.rlcan R.covery and Reinvestment Act of 2009
! S !)eCtal Recovery Act Conditione
1. Recovery Act
a. All subgrant recipients must comply with Pubffc Law 111-5, the American Recovery and
Reinvestment Act of 2009 (This Jaw is a federal public law).
b. The subgrant recipient understands and agrees that all other terms and conditions contained
in this award. or in applicable FDlE or Otflce of Justice Programs grant policy statements or
guidance, apply unless they conflict or are superseded by the terms and conditions included
here that specifically Implement the American Recovery and Reinvestment Act of 2009,
Public Law 111.5 ("ARRAn or "Recovery Acr) requirements. Subgrant recipients are
responsible for contacting their grant managers for any needed clarifications.
c. The recipient agrees to comply with any modiflcatlons or additional requirements that may be
imposed by law and future FDLE or Office of Justice Programs (including government-wide)
gUidance and clarifications of Recovery Act requirements.
2. Acce.. to Records; Interviews
The subgrant recipient understands and agrees that FDlE, the Department of Justice (including
the Office of Justice PrQ9rams and the Office of the Inspector General)), and its representatives.
and the Govemment Accountabilily Office, shall have access to and the right 10 examine all
records (including, but not limited to, bOoks, papers, and documents) related to this Recovery Act
award. Including such records of any subgrant recipient, contractor. or subcontractor. See items
23 and 24 of the Standard Conditions.
The recipient also understands and agrees that FDI.E, the Department of Justice, and the
Government Accountability Office are authorized to inteIView any officer or employee of the
subgrant recipient, contractor, or subcontractor regarding transactions related to this Recovery
Act award.
3. One-tlm. funding
The subgrant recipient understands and agrees that awards under the Recovery Act will be one-
time awards and accordingly that its proposed project activities and deliverables are to be
accomplished without additional Department of Justice funding.
4. Separate Tracking and Reporting of R.covery Act Funds and Outcomes
The subgrant recipient agrees to track, account for, and report on all funds from this Recovery Act.
award (including specific outcomes and benefits attributable to Recovery Act funds) separately
from all other funds. including Department of Justice award funds from non-Recovery Act awards
awarded for the same or similar purposes or programs. (Recovery Act funds may be Used in
conjunction wilh olher funding as necessary to complete projects, but tracking and reporting of
Recovery Act funds must be separate.)
Accordingly, the accounting systems of the subgrant recipient must ensure that funds from this
Recovery Act award are not commingled with funds from any other source.
The subgrant recipient further agrees that all personnel whose activitfes are to be charged to the
award will maintain timesheet, to document hours worked for activities related to this award and
non.award related activities.
SF'( 2010
Page 1
Florida Department ot Law Enforcement
Edward Byrne Memorial Justice Asslstlnce Grant Program
American Recovery and Relnv.stment Act ot 2009
5. Central Contractor R~latnltlon and DUNS Numb.,
The subgrant recipient must maintain a current registration in the Central Contractor Registration
(www.cer.gov) at all times during which it has any active federal awards funded with Recovery Act
funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number
(www.dnb.com) is one of the requirements for registration in the Central Contractor Registration.
8. AddJtlonal Audtt Requlrementa - Recovery Act Transactions Listed In Schedule 0'
Expendltu.... of Federal Awal'd.
a. The subgrant recipient agrees to maintain records that identify adequately the source and
applICation of Recovery Act funds, to maximize the transparency and accountability of funds
authorized under the Recovery Act as required by the Act and in accordance with 2 CFR
215.21, . Uniform Administrative Requirements for Grants and Agreements with Institutions of
Higher Education, Hospitals, and Other Non-protit OrganiZations" and OMS A-102 Common
Rures provisions (relating to Grants and Cooperative Agreements with State and Local
Governments).
b. The subgrant recipient agrees to separately identify the expenditures for Federal awards
under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the
Data Collection Form (SF-SAC) required by OMS Circurar A-133. This condition only applIes
jf the Single Audit Act Amendments of 1996 and OMS CIrcular A-13J, "Audits of States, Local
Governments, and Non-Profit OrganizatIons' COver the subgrant recipient This shaN be
accomplished by identifying expenditures for Fedel1l1 awards made (mder the Recovery Act
separately on the SEF A as separate rows Under Item 9 of Part /J r on the SF-SAC by CFDA
number, and inclusion of the prefix "ARRA.' in identifying the name of the Federal program
on the SEFA and as the first characters in Item 9d of Part III on the SFSAC.
1. Reporting (Section 1!12)
a. In addition to the raporting requirements In item 3 of the Standard Conditions, subgrant
recipients must proVide any Information necessary to COmply with section 1512 of the
Recovery Act, which requIres detailed reporting by FOLE not later than ten calendar days
after the end of each calendar quarter. R.celpt of fund. will be contlng.nt upon timely
reporting.
b. The subgrant recipient must complete projects or activities which are funded under the
Recovery Act and report on use of Recovery Act funds provided through this subgrant.
Information from these reports will be made available to the public.
8, ReponIng Potential Fraud, Waste, and Abu.., and Similar Mlec:onduct
The subgrsnt recipient must promptly refer to the Department of Justice, Office of the Inspector
General any credible evidence that a principar, employee, agent, contractor, subcontractor, or
other person has either 1) submitted a false claim for Recovery Act funds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct involving Recovery Act funds. Potential fraud, waste,
abuse. or misconduct should be reported to the Office of the Inspector General by _
mail; Office of the Inspector General
U. S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N W.
Room 4706
Washington, DC 20530
SFY 2010 Page 2
. , ,
Florida Department of Law Enforcement
Edward Byrne Memorial Justice A,slstane. Grant Program
American Recov.ry and R.lnvestment Act of 2009
e.mail: olg. hotllne@usdoj,gov
hotline: (contact information in English and Spanish): (800) 869-4499
or hotline fax: (202} 616-9881
Additional information is available from the Department of Justice OffICe of the Inspector General
website at www.usdoj.gov/oig.
9. Protecting Stat. and Local Government and Contractor Whlstltblowers (SectIon 1553)
The subgrant recipient recognizes that the Recovery Act provides certain protections against
reprisals for employees of non-Federal employers who disclose information reasonably believed
to be evidence of gross management. gross waste, substantial and specitlc danger to public
health or safety, abuse of authority, or violations of law related to contracts or grants using
Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act, The
text of Recovery Act is available at W'MV.ojp.usdoj.govlrecovery.
10. Limit on Fund. (Section 1604)
None of the funds appropriated or otherwise made available in this Act may be used by any State
or local govemment, or any private entity, for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool.
11. Infraatructure Investment (s.ctlons 1511 and 1802)
The subgrant recipient agrees that it may not use any funds made available under this Recovery
Act award for infrastructure investment absent submission of a satisfactory certification under
section 1511 of the Recovery Act. Should tI'le subgrant recipient decide to USf) funds for
infrastructure investment subsequent to award, the subgrant recipient must submit appropriate
certifications under section 1511 at the Recovery Act and receive prior approval from the Office of
Justice Programs. In seeking such approval, the recipient shaU give preference to activities that
can be started and completed expeditiously, and sha~ use award funds in a manner that
maximizes job creation and economic benefits. The text of the Recovery Act (including
sections1511 and 1602) Is available at www,ojp.usdoj,govlrecovery.
12. Buy Am.rlcan (Section 1805)
a. The subgrsnt recipient understands that this award is subject to the provisions of section
1605 of the Recovery Act ("Buy American"). No award funds may be used for iron, steel, or
manufactured goods for a project for the construction, alteration. maintenance, or repair of a
public building or public work, unless the recipient provides advance written notification to the
Office of Justice Programs program office for approval. All projects must comply with
government-wide standard conditions (anticipated to be published in subpart B of 2 C. FR.
part 176) that further implement the specific requ irements or exceptions of section 1605.
b. Section 1605 of the Recovery Act prohibits use of any Recovery Act funds for a project for
the construction, alteration, maintenance, or repair of a public building Or public work unless
all 01 the Iron, steel, and manufactured goods used in the project are produced in the United
States, subject to certain exceptions, including United States obligations under international
agreements.
SFY 2010
PagI!J3
~ . , I
Florida Oepartment of Law Enforcement
Edward Byrn. Memorl., Justic. A.sIstanc. Grant Program
Am.rlcan Recovery and Rtlnv..tm.nt Act of 2009
13. Wag. Rat. Requ'r,m.nm (Section 1806)
Notwithstanding any other provision of law and In a manner consistent with other provisions in
this Ac~ all laborers and mechanics employed by contractors and subcontractors on projects
funded directly by or assisted in whole or in part by and through the Federal Govemment
pursuant to this Act shall be paid wages at rates not less than those prevailing on projects 01 a
character similar in the locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No.
14 and the Copeland Ac~ 40 U.S.C. 3145, the Department of Labor has Issued regulations at 29
CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations to 29 CFR
5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set
forth in that section. The standard DaviS-Bacon contract clauses found in 29 CFR 5.5(a) are to
be incorporated in any covered contracts made under Ihis award that are In excess of $2,000 for
construction, alteration or repair (including painting and decorating).
For additional guidance on the wage rate requirements of section 1606, contact your awarding
agency. Recipients of grants, cooperative agreements and loans should direct their inWal
inquiries concemlng the application of Davis-Bacon requirements to a particular federally assisted
project to the Federar agency funding the project The Secretary of labor retains tinal coverage
authority under Reorganization Plan Number 14. .
14. NEPA and Related La~
The subgrant recipient understands that ai' Office of Justice Programs awards are subject 10 the
National Environmental Polley Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related
Federal laws (including the National Historic Preservation Act), if applicable. The subgrant
recipient agrees to assist the Office of Justice Programs in carrying out its responsibilities under
NEP A and related laws, if the subgrant recIpient plans to use Recovery Act funds to undertake
any activity that triggers these requirements, such as renovation or construction. (See 28 C. F. R.
Part 61, App. 0.) The $ubgl:ant recipient also agrees to comply with all Federal, State, and local
environmental laws and regulations applicable to the de'tlelopment and implementation of the
activities to be fUnded under this award. See item 36 of the Standard Conditions.
15. Mlluse ofaward fundi
The recipient understands and agrees that misuse of award funds may result in a range of
penalties, inclUding suspension of current and future funds, suspension or debarment from
federal grants, recoupment of monies provided under an award, and civil and/or criminal
penalties.
S!=Y 2010
Page 4
, . ,
CERTIFICATION AS TO FEDERAL GROSS REVENUES RECEIVeO
Florida DtPlrtment of Law Enforcement
Edward Byrne MM'IOrlaI Justice A....tance Grlnt Program
Am.rlcan Recoverv and R.lnvestment Act 01 2008
Certification as to Federal Gross Revenues Received
The chief financial officer for the subgrantee makes the following certifications:
· The subgrantee in its preceding fiscal year did NOT receive 80 percent or more of
its annual gross revenues in Federal awards. .
AND/OR
· The subgrantee in its preceding fiscal year did NOT receive $25,000,000 or more in
annual gross revenues from Federal awards.
~ ~~-e~
Sig ure 0 bgrantee Chief nancial Officer
07/01/2009
Date
Dannv Kolhaae
Typed Name of Subgrantee Chief Financial Officer.
Clerk of the Court
Title of Subgrantee Chief Financial Officer
Monroe Countv
Name of Subgrantee
Note: If the subgrantee in its preceding fiscal year BOTH received 80 percent or more
of its annual gross revenues in Federal awards AND received $25,000,000 or more in
annual gross revenues from Federal awards, then it must provide FOlE with the names
and total compensation of the five most highly compensated officers of the subgrantee.
FDLE JAG lfeeo".'Y Act Or.nt Applle.tfon F'.lck'!lf
CHflffclltJoft IS to FIHI.reI Oro.. Rev"'lJ" Rk./VH
RESOLUTION NO. 201
- 2009
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY,
FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPUCA TlON TO THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FISCAL YEAR 2010
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
WHEREAS, the Florida Department of Law Entorcement has announced the
funding under the American Recovery and Reinvestment Act for Fiscal Year 2010
Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and
WHEREAS, the Monroe County Soard of Commissioners agrees to serve as the
coordinating unit of govemment in the preparation of the grant proposals and in the
distribution of funds allocated to Monroe County in the amount of $410,521 with no
cash match; and
WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with
concern given to the County's current drug control efforts, has recommended certain
programs receive funding to provide the community wllh activities focused 0/1 drug and
alcohol education, prevention, rehabilitation, and treatment; now theretore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONAOE COUNTY, FLOAIDA, that:
1. The Board of County CommissIoners concurs with the Monroe County
Substance Abuse Policy Advisory Board's recommendatJons; and that
2. The County Administrator is hereby authorized to sign and submit the
application packet for the ARAA Fiscal Year 2010 grant funds to the Aorida
Department of Law Enforcement Edward Byrne Memorial Justice Assistance
Grant (JAG) Program; and that
3, This resolution shall become effective immediately upon adop~on by the
Soard of County Commissioners and execution by the PresidIng Officer and
Clerk.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 1501 day of July, AD., 2009.
o \.0 , o.J _. Mayor Neugent
a: r:! :..::> . - Mayor Pro Tem Murphy
o <i.~-'.
U - --/ , Commissioner Carruthers Yes
~ ~ ~~;:.. Commissioner DiGennaro Yes
e \.D :. _ Commissioner Wi9lngton~ .
O(S~I~) ..' Manr ounty Soard 0
w Z. '-
::! g;: t:. . :fT. nO 1(\ \.. J. . -It-'.( . ~ '1' /? I
l.4..Attfi'i ~. ~V8y' /'..-- ", z.,
Clerk of Court t Mayor
MO~JRCE COUhTI' ~TTOr.I'~c':
n A~r~O\/t:D A..3 1'0 FORM:
a.t~.(~ If,,.;CI<I:I'~J.
CHA SW~E: .14. W.4d€AT.I3ArlrlO,,,:,
A.SS:STANT ~CIJN;': Xr'flJflNF:Y
0'11" ...._ ~/.a;/rA ______.._
J (
Yes
Yl!!S
C E R T I FIe A T ION FOR M 1100 SimD(tttt1 S+,
Recipient Name and Address: Monroe County Soard of County Commissioners t<t y we~1i f"l- ~O~O
Grant Title: Law Enforcement Equipment UP9rade Granl Number: 2010-ARRC-320 A}lIard Amount: $58,646
Contact Person Name and TIlle: Lisa Tennyson, Grants Administrator
Phone Number: ( 30~ 2924444
Federal reguJations l1Iquire recipients of financial assistance from the Office of Iusrice I'roarams (QIP), ill component ~gencie,. and the
Office of Community Orienll!d Policini Services (COPS) 10 prepare, maintain on file, $ubmit to OJP for revielll', and implement an Equal
Employment OpporlUnil)' Plan (EEOP) in accordance with 28 C.F.R U H. 30 1-.301. The regulalions e.nmpt some recipients from all of
the EEOP requirements. Other recipients, according 10 the regulations, mUll prepare, maintain all tile and implement an EEOP. out they
uo not need to submit I"e ESOP to OlP for review. Recipients that cllim I complete elCemption from the I;EOP requirement must
complete Sectiu A belo.... Recipients that claim the limited e~empljon from the submission requirement, must compleR: Section B
below. A reelplent lho"ld complete ~it"" Seclion A or Section B, not both. If a recipicnt receives multiple OJI' oreOpS grants,
please complete a form {or eac" grant, ensuring thll any EEOP rccipient certifies as completed and on file (if applicable) hu been
prepared within two yeltS aithe late,t grant. Please send the comple/ed formes) to the Office for Civil RiahlS, Office of Justice ProaramJ,
U.S. Deplrtmenl of Justice, 8107'" Streef, N. W., Washinaton, D.C. 20B 1. For assistance in completina thi, form, please call (202)307-
0690 or TTY (202 301.2027.
Section A. Declaration Claiming Complete Exem.ption from the EEOP Requirement. Plum chuk all ,h.e baus Iha/
apply.
o
o
o
Recipient hit le'$ than 50 employees,
Recipient i. a non-proftl organization,
Recipient is a medical institution.
a Recipient is an Indian tribe,
o Recipient Is In educational institution. or
o Recipient is recei"inS In Iward leu tban $25,000
Prinlll( type Nam. aad Tide
Slenalur.
Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient scency bas SO or more employees 3Ild is receiving a single award or subawlrd forS25.000 or mOre, but len than S500,OOO.
then the recipient agency does not have 10 submit an EEOP to alP for ravicw as Ionl as il certifiCSltu: following (42 C.F. R. f 42.305):
r, Roman GaSlui. Jr., County Administrator lrcspolUlble official], certify that
the Monr~ County 60artl of County Commi&sion8l$ (reclpien tJ, wh ich has 50 Or more
employees and is receiving a single award or subaward for $25,000 Or more, but less than $500,000, has fonnulated an
EEOP in accordance with 28 CFR ~42.JO I, et seq., subpart E. I further certify that the BEOP ha.~ been formulated atld
signed into effect within the past two yem by tlJe proper authority and Ihal it is available for review. The EEGP is on tile in
the office of: Calvin Allen, EEO Ortlctf. Monr~ CO\JI1lv BOCC loreanizatlon I,
at : 100 SImonton Slr..l. Key West, Florid, 33040 laddress),for review by the public and
employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of
J",tk. P,08'''''', U. S. D'pa"",."t of J""'", '" ",u'"d by "J~~?,o"',
~~~~~~~~~t2!.__ . __~_____ 7 Its /6~
Print or type Name and Tille Siiqatu~e Date
JM8App.ov~JNo :121.0140
E>q)iraliOtl 05le: /)1/31106
ClRTIFrCATIQN FOItM
RecJ~jent Name and Addre~~: Mo"r~ County Sheriff's Otflce M25 COl/ege Road, Key West, FL 33040
Contact Pe~ N~ and Title: Tamar. Snider, Gran.. Administrator
O".IT'." ,.. E'far".,... ''1<<1,..., II,,, "eO~~ N...b<"211'Q_mr _ ". A ""''''.'''''''U'. ". ..
'''''''' ""'''10.. .,,,,.. 'kl,I". ofOo_ 1., ..i.."" ,_ .., om~ a' ,_ '''''''' (Oif). I. ......_ ....i.. ... ,..
om. "c~.".", 0".,.. .or "'.. "..""'CO,,, ,. ''''''', ..,..", .. no. ",." " OJ. '" """'. ~, ..".~.. .. <,uI
"pi.",... 0......", ".. reoo., ,. .~...."'. .,. "C.,.. " <<Jot .J". To. "'."'" .....' .... ..""""... "'"
,.. ",)t ",.,....... 0 II... "". I.... k~ .d., " '". "".0.... .,.. ."..... . ..... .. .., ... ",10m... .. <EO.. ." '"
d. .., ".d .. ~'.i".. <EO. .. 0," ,,' ..",... ...i..... '... ."'. . ~..,... ......'~ 'N. .. <EO, ......_... "u'
~."". s..... · ..,... ....'.... ,.., .,.,. ," ,. IOd ....po,. "'. '". ",.,.., .........". ..,,,_... s."., .
...... · ...., ,,,. ...." ~. "'" "".. "",.. · " ,...... '. ... ..... Jf.." ...., ....,... ."Ii.', 0 JP .. CO" ....~
"'u, -,0. · "'. ~, .", "'" ....,', ." u, <EO, ....,i<.. ~.iI". .. ".".... ... .. ,. (Ir ..."...., 'u ....
....... "hi, '00 ,.... ,,,.. I..." ,.". ".~ ,,,a .,. "."... r"""., " rh, 0 rn~ r" C'ori' .i..... 0.... '" '''''' ,"......
u.s. 0.,,,,..,, .fl~, i<.. '" " "-'. N. W. WUbI.,... O~. "'". p.. ...".... ,,~.'."...h. "'.n, ......." "" "P?
0690 or rTY 202) 307.2027.
s."... A. Docl....,o. C/"mi.. C""'ol," E""'PliQD r""" /h, EEOP Requi......, PI.." ...., .N .. .,.~ ,...
tJPpl)'.
Phone Number: (305 )?92.7090 .
a
o
o
Recipient II., '.s, lbln '0 emp!<>,Yt.a.
Reei";."1 i. . nOl!. pro f"1t o'C.nl2:.tlan.
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prepare an EEoP for l~ reason(s) checked above, pursUMf 10 21 C.F.R ~42.J02. l further certi/y thai
[r~lpl...tJ will comply with appllcable Federal civil righlS
laws tI1at prohibit discrimination in emptoymenl and in th~deHvery Of3~ices.
Prill Or 1)"1 NIl'IIl '"d TIll.
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EEOP Is 011 File for Review.
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OM8 "'P~'''No. 1111-01010
€.'Il;rl'iM 0...: 0 UJ l:eM
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Application for Funding Assistance
Florida Depal1ment of Law Enforcement
American Recovery Act - JAG Countywide
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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
exeCl.Jted this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this pag., including Strikeovers.
whiteout, etc. are not acceptable.
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Signature:
Get 4. 4.111",",
H. WIder, MIfftIabIIar
'1-/4,61
Typed Name and Title:
Date:
'., ;:.;:,~;~;.:5:,~: ?;~\",~,~: ;X,':!~(;;:~~:'>>~iii!~~~jn(!t~ii" ~'r." ..1'''.. '.:,f:?;;;:":lr':~2 ~;'::.~'/;~'r':' .:\:':".~:;;t~:~>~:;..'
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Typed Name of SU~~'" nt, Monroe Counry
5 ignatu,. , 5- ~~
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Typed Name and Title: Roman Gascesi, County Adlllinstrator
Date:
7IJS/or;
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;.;.; .; '\~~';~~ "';i:~':.?:i" ~~?t ;;~!~'::'~t,,?I~~'W~,~'};,'ff:;~';!;:~~~';i~:[I~. {~:it(";." ;:';~.
')::Oi?ft'~t~r.fJ.ffe'h'~./\,":; ,~t:\.~~~~ ~h;f' ..~~~!~'-.'..:
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Typed Name of Implementing Agency: Monroe County Sheriff I s Office
SIgnature: Sheriff Robert P. Perya
Typed N.me and Tid., .1),~ W p ~
Date: July 2, 2009
.Appllcation Ref #
Contract
2010-ARRC-J20
-ARRC-MONR. . -
Section #6 Page 1 of 1
Rule Rllfllfllnce 110-9.006 OCJG-G05 (rev Apnl 2(05)