Item C28
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 16, 2009
Division: OMB
Bulk Item: Yes 0 No D
Department: Grants Administration
Staff Person: Lisa Tennyson
AGENDA ITEM WORDING: Authorization for the Mavor to execute a Memorandum of
Understanding with the State Attornev's Office, 16th Judicial Circuit for the provision
of a mortgage fraud prevention and orotection program with funds orovided under
the Recovery Act Edward Byrne Memorial Justice Assistance Grant program, for the
period from Oct L 2009 through Seot 30, 2010.
ITEM BACKGROUND: Federal funds are provided through the Florida Deoartment of
law Enforcement. Substance Abuse Policy Advisory Board (SAPAB) reviews
proposals and makes recommendations to BOCC for local fundino of programs.
PREVIOUS RELEVANT BOCC ACTION: Approval to apply for grant funds given at Julv
2009 meeting. Certificate of Acceotance for Subgrant Award from FDlE was
approved bv BOCC last month.
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATION: Approval
TOTAL COST: $113,137
COST TO COUNTY: 1Q
BUDGETED: Yes 0 No D
SOURCE OF FUNDS: FDlE
REVENUE PRODUCING: Yes 0 NO': / AMOUNT PER MO~~~R
APPROVED BY:COUNTY ATTY~ 6~URCHASING 0 RISK MANAGEMENT ~y
DOCUMENTATION: INCLUDED: 0 TO FOllOW: D NOT REQUIRED: D
DISPOSITION:
AGENDA ITEM #:
\----
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: State Attorney Effective Date: 1 % 1/09
Expiration Date: 09/30/10
Contract Purpose/Description: Funds provided through FDLE Agreement for a mortgage
fraud prevention and protection program.
Contract Manager: Lisa Tennyson
(Name)
4444
(Ext.)
OMB/Grants Mgt.
(Department)
for BOCC meeting on 12/16/09
Aqenda Deadline: 12/06/09
CONTRACT COSTS
Total Dollar Value of Contract: $113.137.00 Current Year Portion: $113.137.00
Budgeted? Yes X No Account Codes: 125-0<.>037 - &&,{;L:& - 5304<:;0 -XXXXXX
Grant: $113,137.00
County Match: $0
ADDITIONAL COSTS
CONTRACT REVIEW
Division Director
Changes
~~~In Needed
I oC; YesD No
I \/3D'0{ YesD NO~
11-25-d1 YesD NO~ ~ ~ ~ ~ nl~
IIfJH-ItA YesD No~ CP~-~ l~lA
Date Out
Ie:
gj}J9
l{-300
Risk Management
PjLL t,~ ;-6''>'
O.M.B./purch~ing
County Attorney
Comments:
OMB 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,
FL 33040, hereinafter referred to as "COUNTY," and The State Attorney's Office, 16th Judicial
Circuit, hereinafter referred to as "STATE ATTORNEY."
WITNESSETH
WHEREAS, the Florida Department of Law Enforcement has awarded a sub-grant of
Recovery Act Edward Byrne Memorial Justice Assistance to the COUNTY; and
WHEREAS, the COUNTY entered into agreement for the sum of one hundred thirteen
thousand one hundred thirty seven dollars ($113,137) to Monroe County for the delivery of a
mortgage fraud protection and prevention program; and
WHEREAS, the STATE ATTORNEY has agreed to provide a mortgage fraud protection
and prevention program in accordance with the COUNTY'S agreement with the Florida
Department of Law Enforcement,
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and the STATE ATTORNEY agree as follows:
1. TERM - The term of this Agreement is from October 1, 2009, through September
30, 2010, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein.
2. SERVICES - The STATE ATTORNEY shall provide the program as outlined in the
COUNTY'S agreement with the Florida Department of Law Enforcement (FDLE), attached and
made a part hereof.
3. FUNDS - The total project budget to be expended by the COUNTY in
performance of the services set forth in Section 2 of this agreement shall be the total sum of
$113,137. There is no matching funds requirement. All funds shall be distributed and expended
in accordance with the grant agreement (Attachment A).
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. IMPLEMENTING AGENCY BOUND - The STATE ATTORNEY 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 in
Section 5 of this Agreement. Additionally, the STATE ATTORNEY 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.
6. 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 STATE ATTORNEY shall provide the program as outlined in the COUNTY'S
agreement with the Florida Department of Law Enforcement (FDLE), attached and
made a part hereof.
7. BILLING AND PAYMENT
a) The STATE ATTORNEY shall render to the COUNTY upon delivery of services, a
monthly itemized invoice properly dated, describing the services provided, the
costs of those services, 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 STATE ATTORNEY for the 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 STATE
ATTORNEY.
e) The STATE ATTORNEY will prepare and transmit, in a timely manner, all
programmatic and financial reports required by the granting agency. Prior to
submission, the STATE ATTORNEY will provide the reports to the County for
approval.
f) The COUNTY shall monitor the STATE ATTORNEY's reporting activities to
ensure the reports are submitted in a timely manner and are complete.
g) The STATE ATTORNEY agrees to cooperate with the COUNTY to comply with
the terms and conditions, incorporated by reference, of this agreement.
8. 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 services provided by the STATE
ATTORNEY after the STATE ATTORNEY has received notice of termination. In the event there
are any unused grant Funds, the STATE ATTORNEY shall promptly refund those funds to the
COUNTY or otherwise use such funds as the COUNTY directs.
9. NOTICES - Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered United States mail, with return receipt requested, and
sent to:
FOR COUNTY
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL 33040
FOR PROVIDER
Dennis Ward, State Attorney
88820 Overseas Highway
Tavernier, Florida 33070
Either of the parties may change, by written notice as provided above, the addresses or persons
for receipt of notices.
10. 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 STATE ATTORNEY at its address specified above. The COUNTY shall not be
obligated to pay for any services provided by the STATE ATTORNEY after the STATE
ATTORNEY has received notice of termination.
11. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services
pursuant to this Agreement, the STATE ATTORNEY 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 STATE ATTORNEY. If the STATE
ATTORNEY 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.
12. 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.
13. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe
County, Florida, on the day and year first written above,
(SEAL)
ATTEST: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
STATE ATTORNEY'S OFFICE, 16TH
JUDICIAL CIRCUIT
By:
Title:
Witness
MONROE COUNTY ATTORNEY
APPROf'i! AS TO FORM:
flit {4~' (. '/},o.{f- f5f'i.:JJfh 1 ~
CHRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date J 1/.a4-/0q
I I
FDLE
Charlie Crist, GOvernor
Bill McCollum, Attorney General
Alex Sink, Chief Financial Officer
Charles H. Bronson, Commissioner of Agriculture
Flmida Department of Office of Cciminal Justice Gcanfs
Law Enforcement Post Office Box 1489
Tallahassee, Florida 32302-1489
Gerald M. Baifey (850) 617-1250
Commissioner WWW.fdle.state.fl.us
OCT 1 4 20C;'
The Honorable George Neugent
Mayor
Monroe County Board of Commissioners
1100 Simonton Street
Key West, Fl 33040-3110
Re: Contract No. 2010-ARRC-MONR_5_W7_157
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 $ 113,137.00 for the project entitled, MORTGAGE FRAUD PREVENTION
AND PROTECTION PROGRAM. These funds shall be utilized for the purpose of
reducing crime 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 responsibte for project administration 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 Certification of Acceptance shOuld be completed and returned to the
Department within 30 calendar days from the date of award. This certmcate constitutes
official acceptance of the award and mUst be received by the Department prior to the
reimbursement of any prOject expenditures.
Committed to
Service. Integrity. Respect. Quality
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 Parish at 850/617-1250.
Sincerely,
~~1: Jtde~
Administrator
CHW/JPm
Enclosures
State of Florida
Office of Criminal Justice Grants
Florida Department of law Enforcement
2331 Phillips Road
Tallahassee, Fl 32308
SUBGRANT AWARD CERTIFICATE
SUbgrantee: Monroe County Board of Commissioners
Date of AWard: 10,q... /) 1
Grant Period: From: 10/01/2009 TO: 09/30/2010
Project Title: MORTGAGE FRAUD PREVENTION AND PROTECTION PROGRAM
Grant Number: 2010-ARRC-MONR_5_W7_157
Federal Funds: $ 113,137.00
State Agency Match:
Local Agency MatCh: $ 0.00
Total Project Cost: $ 113,137.00
CFDA Number: 16.803 Federal Award Number: 2009-SU-B9-0021
Award is hereby made in the amount and for the period shown above of a subgrant
under Tille I of the Omnibus Crime Control and Safe Streets Act of 1968, P. L. 90-
351, as amended, and the Anti-Drug Abuse Act of 1988, P. L. 100-690, to the above
mentioned subgrantee and Subject to any attached or special conditions.
This award is Subject to all applicable rules, regulations, and conditions as contained
in the Financial and Administrative Guide for Grants, Guideline Manuai 7100 1D,
Office of Justice Programs, Common Rule for Stale and local Governments and A-
87, or OMB Circulars A-11 0 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.
This grant shall become effective on the beginning date of the grant period provided
that within 30 days from the date of award, a properly executed Certificate of
Acceptance of Subgrant Award is returned to the Department.
SUB GRANT AWARD CERTIFICATE (CONTINUED)
QQ (R IA J l-i, i.JJ.W f),-,
Authorize~al
Clayton H. Wilder
Administrator
Date
lo-q.o'f
~ward is subjecl to special conditions (attached).
State of Florida
Office of Criminal Justice Grant
Florida Department of law Enforcement
2331 Phillips Road
Tallahassee, Fl 32308
SPECIAL CONDITION(S) / GENERAL COMMENT (S)
Grantee: Office of Criminal Justice Grants
Grant Number: 2010-ARRC-MONR-5_W7_157
Grant Title: MORTGAGE FRAUD PREVENTION AND PROTECTION PROGRAM
In addition to the general conditions applicable to fiscal administration, the grant is
subject to the following Special Condition(s)/General Comment(s):
Ref# S12399: Prior to the drawdown of federal funds, the Subgrantee must submit
for review and approval one copy of any written materials that will be published
through funds of this grant at least thirty (30) days prior to the targeted dissemination
date.
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
Subgrant Recipient
Organization Name: Monroe County Board of Commissioners
County: Monroe
Chief Official
Name: George Neugent
Title: Mayor
Address: 1100 Simonton Street
City: Key West
State: FL ZIp: 33040-3110
Phone: 305-289-6039 Ext:
Fax: 305-872-9195
EmalJ: boccdis 1 @monroecounty-f1.gov
Chief Financial Officer
Name: Danny Kolhage
Title: Clerk
Address: 500 Whitehead Street
City: Key West
State: FL Zip: 33040
Phone: 305-292-3550 Ext:
Fax: 305-295-3663
Emall: dkolhage@monroe-clerk.com
Application Ref #
Contract
2010-ARRC-357
2010-ARRC-MONR-5-W7_157
Section #1 Page 1 of 2
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
[
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
Implementing Agency
Organization Name: State Attorney's Office, 16th Judicial Circuit
County: Monroe
Chief Official
Name: Dennis Ward
Title: State Attorney
Address: 88820 Overseas Highway
City: Tavemier
State: FL Zip: 33070
Phone: 305-852-7170 Ext:
Fax:
Email: dward@keyssao.org
Project Director
Name: Anthony Pizzo
Title: Chief Investigator
Address: 88820 Overseas Highway
City: Tavernier
State: FL Zip: 33070
Phone: 305-852-7170 Ext:
Fax:
Email: apizzo@keyssao.org
Application Ref #
Contract
2010-ARRC-357
201 0-ARRC-M0NR-5_W7 -157
Section #1 Page 2 of 2
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
APPlication for Funding Assistance
Florida Department of law Enforcement
American Recovery Act - JAG Countywide
.Qeneral Project Informati~
Project Title: MORTGAGE FRAUD PREVENTION AND PROTECTION PROGRAM
Subgrant Recipient: Monroe County Board of Commissioners
Implementing Agency: State Attorney's Office, 16th JUdicial Circuit
Project Start Date: 10/1/2009 end Date: 9/30/2010
Problem Identification
Problem Description:
Mortgage fraud has reached epidemic levels throughout the State of Florida. According to recent
available statistical data and surveys, Florida ranks in the top ten mortgage fraud states. It posted
the nation?s fourth highest state foreclosure rate during the first 2009 quarter, with one in every 73
housing units receiving a foreclosure filing. About 25% of all foreclosures are due to undetecled
mortgage fraud.
The boOming reat estate market In the Florida Keys, together with easy credit availability, created
the perlect storm for mortgage fraud. lenders and mOrlgage brokers prOmoted "cashing out"
equity via refinanCing, regardless of the borrower's ability to sustain the debt Since aSsuming
office one hundred fifty (150) days ago, State Attorney Dennis Ward has already commenced
investigations into twenty (20) cases of alleged mOrlgage fraud. It is anticipated Ihat the nUmber of
alteged morlgage fraud cases will significantly increase as the foreclosure rate continues its
dramatic rise in the Florida Keys.
The link between foreclosures and mortgage fraud continues to become more apparent One
reCent mortgage fraud Investigation conducted by the Florida Department of law Enforcement
(FDlE) identified nearly one hundred lhirty (130) loan applications Containing fraudulenl
information. Of those, twentY-five (25) of the homes financed are currently in foreclosure or the
Subject of legal action. As the number of forectosures continues to climb, mortgage fraud in
Florida Is expected to escalate ProPOrtionately. Florida foreclosures in 2008 climbed 113% from
2007, Well above the national increase of 81%. Further, neariy t7% of all 2008 foreclosures in the
Uniled Slates OCCurred in the State of Fiorida. Monroe County is simply inundated with
foreclosures.
Of particUlar concem to the Monroe County State Attorney's Office (SAD) is morlgage fraud for
profit in the current economic climate. Mortgage fraud for profit has not stopped with the CUrrent
economic downturn and the correspondin9 significant decrease in mortgage loan applications. It
has morphed. The financial perpetrators have just developed new melhods. VUlnerable and
desperate unsuspecting homeowners seeking financial guidance and economic relief, who
typically have Poor credit, have fallen victim to Foreclosure Rescue and Short Sale Scams. Since
October 2008, State of Florida authorities have receiVed nearly 1600 compiaints about SUSpiCious
offers to prOVide "Foreclosure Rescue" services. Similarly, the SAD has received a significant
increase in the number of inqUiries/cOmPiainiS and the increase is continuing to rise, although
numerous victims are still unaware that they have been duped.
Problem Significance:
The program's goal is to Stop Mortgage FraUd through education, ea~y delection and prosecution
of perpelratofs, timely responding to citiZens? needs on a locai level.
Application Ref #
Contract
2010-ARRC-357
-ARRC-MONR_ _ _
Section #2 Page 1 of 4
Rule Reference 110-9.006 OCJG-005 (rev. Apri/2005)
[.................. ......;..
, -',' - - ~ .' -,'
>... -'- '.- .
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
As previously noted, the SAO is currently investigating twenty (20) cases of alleged mortgage
fraud, haft fhe amount o/the Florida Atlomey General's Oftice (AGO) current investigation of forty
(40) mortgage foan mOdification frauds across the state. Three (3) of the AGO's investigations
involve companies that have been doing business in Monroe County.
]
There is certainty no shortage of mortgage fraud cases in Monroe County, Florida. These frauds
are mostly brought to the attention of the proper law enforcement agency by the victim. Authorities
believe that there are counttess numbers of frauds that go undetected and perpetrators
unpunished, solely because the victims are not aWare that a crime is actualty being committed
against them. The ProPosed SAO program is designed to educate the pubtic, both as 10
prevention and detection.
Needs Assessment:
SAO is currently under severe financiat restraints because of the current fiscat crisis being
experienced by the State of Ftorida. SAO not only has the responsibility for the investigation and
prosecution of mortgage fraud cases, but all other violations of Florida Criminal Statutes ranging
from OUt, rape, murder, burglary, etc" etc., etc. within the County. All this is Currently handled by
a staff of five (5) investigators, one (1) forensic accountant, twenty (20) prosecutors, a nd a
nineteen (19) person support staff. Although committed to getting the jab done, both on a timely
and professional basis, there is simply not enough manpower to complete the current caseload, let
alone any significant others. Each mortgage fraud case is significant, especially to the homeowner
who is left homeless.
Mortgage fraud cases Involve special expertise. There is lit/Ie availabte time to: (a) cross-train
individuals within the SAO Itself; (b) edUcate the public as to ils vulnerability to this type of criminal
activity, and (c) assist other state and federal agencies in similar types of investigations and
prosecutions.
As the FBI noted, most mortgage fraUd schemes are small in nature. The problem is the number
of schemes and the amount of time involved to properly investigate the ones detected. Whether
the scheme involves One Hundred Thousand Dollars ($100,000) or One Miltlon Dollars
($1,000,000), an equat amount of time and effort is spent investigating the crime and the
prosecution thereof. The documents are the same, regardless of the siZe of the property or the
amount of money involved.
Therefore the SAO SUbmits this Grant Request for $113,137.00. Proceeds o/the Grant wilt be
Used to hire one (1) mortgage fraud investigator and one (1) crime prevention practitioner. These
individuals wilt Join the currentty employed mortgage fraud investigators and prosecutor in order to
form the MORTGAGE FRAUD PREVENTION UNIT (UNIT) of the SAO.
The UNIT will enable the SAO to:
1. Conduct public education programs detailing the Current emerging forms of mortgage fraud to
reach victims and prevent creation of new victims;
Application Ref #
Contract
2010-ARRC-357
-ARRC-MONR_ _ _
Section #2 Page 2 of 4
Rule Reference 110-9.006 OCJG-005 (rev April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
2. Fully investigate and prosecute all mortgage fraud cases brought to its attention; and
3. Assist and participate with other local, state and federal agencies in their investigations and
prosecution of mortgage fraud within Monroe County.
Project Summary
The SAO will become proactive in the prevention, detection, investigation, and prosecution of
mortgage fraus in Monroe County. Through this program, the SAO will:
1. Hold public educational meetings, forums, and seminars to educate as the to various forms of
mortgage fraud, each specifically designed for the public at large, the real estate brokerage
community, the mortgage lending community, and the title agencies.
2. Together with local banks and the Florida Keys Board of Realtors, prepare and distribute
mortgage fraud detection and prevention educational brochures.(Prior to publication and
distribution, a sample will be sent to FDLE for approval.)
3. Develop a joint educational program with the Monroe County Judiciary in order to train clerks of
the court as to various forms of mortgage fraud evident in civil action and public records filings.
4. Sensitize the legal community, through seminars, and forums with the local Bar Association,
5. Solicit the cooperation of the real estate, lending and legal communities to prevent, detect and
report mortgage fraud.
6. Develop and implement a mortgage fraud/foreclosure checklist with the Judges of the 16th
Judicial Circuit that must be filed together with a civil complaint involving any relief concerning a
mortgage, to alert the attorneys and the Court of potential mortgage fraud.
First and foremost is the prevention of mortgage fraud before it happens. The SAO believes that
a majority of mortgage fraud crimes can be eliminated solely through education and training. The
crime prevention practitioner, with the assistance of all the investigators and prosecutors, will be
responsible for developing the educational programs. State Attorney Ward recognizes that in
order to restore stability in the economy, consumer confidence in the economic system must be
restored. The reduction of this form of criminal activity will have a significant positive impact. It will
also yield increased confidence in the functioning of our local, state and federal governmental
agencies.
Application Ref #
Contract
2010-ARRC-357
2010-ARRC-MONR-5-W7_
Section #2 Page 3 of 4
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
~~~i~~~::sti~ns.
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-357
-ARRC-MONR- _ _
Section #2 Page 4 of 4
Rule Reference 110-9.006 OCJG-005 (rev April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
General Performance Info:
Performance Reporting Frequency:
Quarterly
Federal Purpose Area: 002 - Prosecution and Court Programs
Stale Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State
Initiatives
Activity Description
Activity: Crime Prevention Education
Target Group: Other
Geographic Area: Countywide
location Type: State Attorney's Office
Target Group Questions:
Question:
Answer:
Please provide the name of the target group.
Mortgage fraud offenders
Activity Description
Activity: Crime Prevention Education
Target Group: Law Enforcement
Geographic Area: CountYWide
location Type: State Attorney's Office
Activity Description
Activity: Law Enforcement
Target Group: Fraud Offenders
Geographic Area: Countywide
Location Type: State Attorney's Office
Activity Description
Activity: Criminal Investigation
Target Group: FraUd Offenders
Geographic Area: CountYWide
location Type: State Attorney's Office
Objectives and Measures
Application Ref #
Contract
20 1 0-ARRC-357
201 0-ARRC-MONR-5_W7_
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Section #3 Page 1 of 8
I ,,/:~-/~. -'.
.,..... ,I, f~..
~--~ .~q..~~ ~ ~--,~ ~~:~.
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG CountYWide
Objective: 02.A.SI - Number of local initiatives planned
Measure: Part 1
Number of local initiatives planned
Goal: 1
Measure: Part 2
Number of local initiatives to be implemented
Goal: 1
Objective: 03.A.DS* - Number of individuals receiving services
Measure: Part 1
Number of individuals to receive services during the grant period
Goal: 400
Measure: Part 2
Number of individuals to receive services during each reporting period
Goal: 100
State Purpose Area:
8 - Training - Conduct Training for Criminal Justice System Staff
Activity Description
Activity: Training (SPA B)
Target Group: Training (SPA B)
Geographic Area: Countywide
Location Type: State Attorney's Office
Address(es) :
State Attorney's Office
88820 Overseas Highway
Tavernier, Fl33070
Objective: 11.8.S1 - Percent of staff who completed training
Measure: Part 1
Number of staff to participate in training
Goal: 25
Objectives and Measures
Application Ref #
Contract
2010-ARRC-357
2010-ARRC-MONR_5_W7_
Section #3 Page 2 of 8
Rule Reference 110.9.006 OCJG.005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG CountYWide
Measure: Part 2
Number of staff to complete the training
Goal: 25
Measure: Part 3
Number of staff to be trained during the grant period who will report training as useful
Goal: 25
Measure: Part 4
Number of staff who will report an increase in skills
Goal: 25
Measure: Part 5
Number of staff who will report an increase in knowledge
Goal: 25
Objective: 13.8.S/- Amount of award expended on training
Measure: Part 1
Amount of award to be expended to provide training
Goal: $30,380
Objective: 15.8.SI - Number of staff trained
Measure: Part 1
Number of criminal justice or professional staff who will be trained
Goal: 25
Measure: Part 2
Total number of program staff
Goal: 50
Measure: Part 3
Number of criminal justice or professional staff needing training
Goal: 25
State Purpose Area:
o - Personnel - Employ Personnel
Activity:
Target Group:
Personnel
Personnel
Activity Description
Application Ref #
Contract
2010-ARRC-357
20 1 0-ARRC-MONR-5_W7_
Section #3 Page 3 of 8
Rule Reference 110-9.006 OCJG-005 (rev April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
. 1~:;';:&..~._Q:;:~:.:L. '" ".. "'fJ:dII,tj'."r" ~."ir 'y- '".'
'1~;..~.',:l.!':'Ci; f>~,:.J l'~JU\; I:",)'
Geographic Area: Countywide
Location Type: State Attorney's Office
Address(es) :
.., - ~.--:"~_:~~,.~~:iJ~fr~~~ ,I
~~ -.. "",. , v ; _~..,",_ .,,, ::1;';'..".....- ,..)1. .1
State Attorney's Office
88820 Overseas Highway
Tavernier, FL 33070
Objectives and Measures
Objective: 22.o.SI - Number of new FTEs funded with JAG funds
Measure: Part 1
Number of existing criminal justice personnel as of the start of the grant period
Goal: 50
Measure: Part 2
Number of new FTEs to be funded during the grant period
Goal: 1.5
Objective: 24.0.SI - Percent of units that report improved efficiency or increased program
quality
Measure: Part 1
Total number of units to use JAG funds to hire new FTEs or for overtime hours
Goal: 1
Measure: Part 2
Number of units that will report improved efficiency
Goal: 1
Measure: Part 3
Number of units that will report increased program quality
Goal: 1
Objective: 51.o.SI - Type of NEW personnel paid with JAG funds
Measure: Part 2
Number of new prosecution and court personnel to be paid with JAG funds
Goal: 1.5
Application Ref #
Contract
2010-ARRC-357
201 O-ARRC-MONR-5-W7_
Section #3 Page 4 of 8
Rule Reference 11 D-9006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of law Enforcement
American Recovery Act - JAG CountYWide
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-..:1" l.'~ '.r"Y",'ol.~.; .HU_~'!~ ..:_~ "I.'-l.__~." .........,~....-. '. -_........-~.~:.-_...,l.;.::~ ..... l.__ .2-;'-;
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State Purpose Area: E - EQuipment Supplies _ Purchase EQuipmenVSuPPlies
Activity Description
Activity: Equipment and Supplies
Target Group: Equipment and Supplies
Geographic Area: CountYWide
location Type: State Attorney's Office
Address(es) :
State Attorney's Office
88820 Overseas Highway
Tavernier, FL 33070
Objectives and Measures
Objective: 25.E.SI - Arnounl 01 funds expended on equipment andlor supplies
Measure: Part 1
Amount of funds to be expended to purchase equipment and/or supplies
Goal: $4,000
Objeclive: 26,E.SI - Types of eQuipmenl andlor supplies purchased with JAG funds
Measure: Part 4
Purchase eQuipmenl andlor supplies other Ihan court Supplies, compuler 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 purChase eQuipmenl or supplies
Goal:
Measure: Part 2
Number of units thai will directly benelit from equipment and/or Supplies purchased
with JAG funds
Goal: 1
Objective: 28ESI_ Percent of criminal 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
Application Ref #
Contract
2010-ARRC-357
2010-ARRC-MONR_5_W7_
Section #3 Page 5 of 8
Rule Reference 110-9.006 OCJG-005 (rev April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
t~:t~r~~:J,~- ~~~t.t{Y;.1 '~irY('_';:;} ,
; -':-'~~~l;'-".~~~.,'.:C."'t.: j
.'>~>.. ,-':, - . .. -~. '._.{~ ,~.~~:~''''':<_t'7:;. :
<-,; - '" .:( ,~t. _ ..~,. ~~~ _ . .."1[.,.<1:.....,. _.... j
Measure: Part 1
Number of criminal justice staff to receive equipment and/or supplies as a result of
JAG funds
Goal: 2
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: 2
Measure: Part 3
Number of staff who will report a desired change in program quality as a result of
equipment and/or supplies purchased by JAG funds
Goal: 2
Objective: 52.E.SI - Number of equipment items purchased with JAG funds by type of
equipment
Measure: Part 16
How many other pieces of equipment will be purchased?
Goal: 2
State Purpose Area:
REC - Recovery Act Measures
Activity: Recovery Act
Target Group: Recovery Act
Geographic Area: Countywide
Location Type: State Attorney's Office
Address(es) :
Activity Description
State Attorney's Office
88820 Overseas Highway
Tavernier, FL 33070
Objectives and Measures
Objective: 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
Application Ref #
Contract
2010-ARRC-357
201 0-ARRC-MONR-5-W7_
Section #3 Page 6 of 8
Rule Reference 110-9.006 OCJG-005 (rev Apnl 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
t.:
funding
Goal: 0
Measure: Part 2
Number of jabs that were eliminated within the last 12 months that will be reinstated
with Recovery Act funding
Goal: 0
Measure: Part 3
Number of jobs to be created with Recovery Act funding
Goal: 1.5
Measure: Part 4
For the complete grant period, how many hours will be charged to the grant? For
example, if a position will work 40 hours per week, and the grant period is 52 weeks,
2,080 hours will be charged to the grant.
Goal: 3120
Measure: Part 5
For the complete grant period, how many hours would be included in a full time
schedule at your agency? For example, if your agency considers 40 hours per week
to be a full time schedule, and the grant period is 52 weeks, a full time schedule
would equal 2,080 hours.
Goal: 2080
Application Ref #
Contract
2010-ARRC-357
201 0-ARRC-MONR-5_W7_
Section #3 Page 7 of 8
Rule Reference 110-9.006 OCJG-005 (rev April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG CountYWide
Section Questions:
Question: If "other" was selected for the geographic area, please describe.
Answer: Not applicable
Question: If "other" was selected for location type, please describe.
Answer: Not applicable
Question: What is the physical address of your primary performance location? This is a
physical location, not a mailing address. If your physical location is confidential, enter
the address of the next highest level of your organization. Enter only one address.
.-r:i... ~ T...;~n;.:-:..,.(~)~ .?~_ ".. ~~~~~;:_~~:::._:. _ ::\, !
. " ~. .....~.a.~'\ l '" 71_ ., . -., - ....'..., J
... -'".' .~.'.''''-'''".-.~' do i";:'-..~.1':- _"' ...._,
Answer: AgencyName: State Attorney's Office, 16th Judicial Circuit
Address 1 : 88820 Overseas Highway
Address2:
City: Tavernier
State: FL
Zip: 33070-2057
Congressiona/Oist: 18
Application Ref #
Contract
2010-ARRC-357
2010-ARRC-MONR_5_W7_
Section #3 Page 8 of 8
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
AppHcation for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
~eneral Financial Info:
]
Note: AI! financial remittances wjj! b0 sent (,:, tl1,' Chief "i"ancia! Office,
of the Subgrantec-: Organization.
Financial Reporting Frequency for this Subgrant: Monthly
Is the Subgrantee a state agency?: No
FLAIR I Vendor Number: 596000749
Budget:
= Budget Category Federal Match Total ~
Salaries and Benefits $106.912.00 $0.00 $106,912.00
Contractual Services $0.00 $0.00 $0.00
Expenses $6,225.00 $0.00 $6.225.00
Operating Capital $0.00 $0.00 $0.00
Outlay
Indirect Costs $0.00 $0.00 $0.00
.. Totals .. $113,137.00 $0.00 $113,137.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref #
Contract
2010-ARRC-357
-ARRC-MONR_ _ _
Section #4 Page 1 of 4
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
~Udget Narrative:
Total budget $113,137
Application for Funding Assistance
Florida Department of law Enforcement
American Recovery Act - JAG Countywide
J
Salaries and Benefits:
Mortgage Fraud Investigator
Hours Per Week: 40
Percent Grant Funded: 100%
Annual Gross Salary: 60,000
FICA: 4,590
Health Insurance: 10,032
Retirement: 5,910
Subtotal: 80,532
Mortgage Fraud Prevention Specialist
Hours Per Week: 20
Percent Grant Funded: 100%
Annual Gross Salary: 20,000
FICA: 1,530
Health Insurance: 2,880
Retirement: 1,970
Subtotal: 26,380
Total Salaries and Benefits $106,912
Expenses:
Travel between base in
Tavemier and other Monroe
County locations in accordance
with Fla. Statute 112.061
5000 miles @ $0.445/mile: $ 2,225
Mortgage FraUd Prevention Educational BrOChureS(5,OOO): $4,000
(We will provide a draft/sample to FDLE for approval prior to PUblication and dissemination.)
Total Expenses $ 6,225
TOTAL BUDGET: $113,137
a.Actual cost bUdget for Salaries and Benefits and expenses
b. The Mortgage Fraud Prevention Unit will be a part of the Investigation Division of the State
Attorney,s Office and will be under the direct supervision of Anthony Pizzo, Chief tnvestigator. The
two employees will have offices within the State Attorney's Office in Plantation Key, Monroe
County, Florida.
Application Ref #
Contract
2010-ARRC-357
201 O-ARRC-MONR-5_W7_
Section #4 Page 2 of 4
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
Budget Narrative (Continued):
Plantation Key, Monroe County, Florida.
c.SaJaries, benefits, and expenses only line items described in the budget above.
d.Hire one Mortgage Fraud Investigator to fully investigate and prepare cases for prosecution
throughout Monroe County and assist other agencies in investigation and preparation of mortgage
fraud cases.
e. Hire a part time Crime Prevention Specialist to organize public meetings and seminars to
educate as to various forms of mortgage fraud. This employee will prepare and distribute
mortgage fraud educational brochures and solicit the cooperation of real estate, lending, and legal
professionals to prevent and detect mortgage fraud.
Application Ref #
Contract
2010-ARRC-357
2010-ARRC-MONR-5-W7-
Section tf4 Page 3 of 4
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
Section Questions:
Question; If salaries and benefits are included in the bUdget as aClual costs for staff in the
implementing agency, is there a net personnel increase, or a continued net personnel
increase from the preVious Byrne program?
Answer: Yes
Question; If benefits are to be inclUded, are they reffected in the bUdget narrative?
Answer. Yes they are included, and are reffected in narrative.
Question; If indirect COst is included in the budget, indicate the basis for the plan (e.g. percent or
saiaries and benefits), and provide documentation of the appropriate approval of Ihis
plan.
Answer: NA
Question; If the bUdget inclUdes services based on unit costs, provide a definition and cost for
each service as part of Ihe bUdgel narrative for contractual services. Include the baSis
for the unit costs and how recentiy the basis was established or UPdated.
AnSwer: NA
Question; Indicate the Operating Capital Outiay Ihreshold established by the Subgranlee or
implementing agency, if it is the sheriff's office.
AnSwer: $1,000
Application Ref #
Contract
2010-ARRC-357
2010-ARRC-MONR_5-W7_
Section #4 Page 4 of 4
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Edward Syrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
I Standard Conditions
Conditions of agreement requiring compliance by units of local government (subgrant recipients),
implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in
this section. Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding. Failure to comply with provisions of this agreement will result in
required corrective action up to and including project costs being disallowed and termination of the
project, as specified in item 17 of this section.
1. All Subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance
Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines
and requirements and Florida laws and regulations including but not limited to:
· Florida Administrative Code, Chapter 110-9, "Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program"
· Office of Management and Budget (OMB) Circular A-21 (2 CFR 220), "Cost Principles for
Educational Institutions"
· OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal
Governments"
· OMB Circular A-102, "Grants and Cooperative Agreements with State and Local
Governments"
· OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and
Cooperative Agreements"
· OMB Circular A-122 (2 CFR 230), "Cost Principles for Non-Profit Organizations"
· OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit
Organizations"
· 28 CFR 38, "Equal Treatment for Faith-Based Organizations"
· 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local
Governments" (Common Rule)
· 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)"
· 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63
· Public Law 109-162, Title XI-Department of Justice Reauthorization, Subtitle 8-
Improving the Department of Justice's Grant Programs, Chapter 1-Assisting Law
Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program
and Local Law Enforcement Block Grant Program
· 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles and standards for selected cost items set forth in the Office of Justice Programs
Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments
and federal OMS Circular A-8?, "Cost Principles for State, Local and Indian Tribal
Governments," or OMS Circular A-21, "Cost Principles for Educational Institutions"
b. All procedures employed in the use of federal funds for any procurement shall be according
to U.S. Department of Justice Common Rule for State and Local Governments, or OMS
Circular A-11 0, or OMS Circular A-1 02, 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. Reports
a. Project Performance Reports
(1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, within 15 days after the end of the reporting period. In addition, if the
subgrant award period is extended beyond the "original" project period, additional
Quarterly Project Performance Reports shall be submitted.
Failure to submit Quarterly Performance Reports that are complete, accurate, and timely
may result in sanctions, as specified in item 17, Performance of Agreement Provisions.
(2) Report Contents: Performance 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 reflect on accomplishments for the
quarter and identify problems with project implementation and address actions being
taken to resolve the problems.
b. Financial Reports
(1) Project Expenditure Reports
(a) The subgrant recipient shall 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,
if the subgrant 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 reimbursement 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 Expenditure Report will be processed, the subgrant
recipient must submit to the Department all outstanding project reports and must
have satisfied all special conditions. Failure to comply with the above provisions
shall result in forfeiture of reimbursement.
(e) Reports are to be submitted even when no reimbursement is being requested.
(2) The Financial Closeout Documentation shall be submitted to the Department within forty-
five (45) days of the subgrant termination date.
(3) If applicable, the subgrant recipient shall 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 PGI 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
reasonably required by the Department.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs
Financial Guide, the Common Rule, and OMB Circulars A-21, A-8?, 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 Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
7. Advance Funding
Advance funding shall be provided to a subgrant recipient upon a written request to the
Department.
8. Trust Funds
a. 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 subgrant 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 policy, 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 Income (also known as Project Generated Income)
a. All income generated as a direct result of a subgrant project shall be deemed program
income.
b. Any project that 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 if 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 allowable 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 Contracts
The Department shall review and approve in writing all consultant contracts prior to employment
of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs)
for an eight-hour day. Approval shall be based upon the contract's compliance with requirements
found in the Financial Guide, the Common Rule, and in applicable state statutes. The
Department's approval of the subgrant recipient agreement does not constitute approval of
consultant contracts. If consultants are hired through a competitive bidding process (not sole
source), the $450 threshold does not apply.
12. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to S 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-11 0 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 Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed 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 OMB 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, for Federal government purposes
a. The copyright in any work developed under an award or sUbaward, and
SFY 2010
Page 4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that will be published, including web-based materials and
web site 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 following statements:
"This project was supported by Award No. [contact the Office of Criminal Justice Grants for award
number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions,
findings, and conclusions or recommendations 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 OMB Circular A-133 and other applicable federal law. The
contract for this agreement shall be identified in the Schedule of Federal Financial Assistance
in the subject audit. The contract shall be identified as federal funds passed through the
Florida Department of Law Enforcement and include the contract number, CFDA number,
award amount, contract period, funds received and disbursed. When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of S
11.45, Fla. Stat. ,"Definitions; duties; authorities; reports; rules."; S 215.97, Fla. Stat. ,
"Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local
Governmental Entity Audits" and Chapter 10.650, "Florida Single 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 after its completion, but no later than nine (9) months after the
audit period. In order to be complete, the submitted report shall include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of 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 that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of OMB Circular A-133 for that fiscal year In this
case, written notification, which can be in the form of the "Certification of Audit Exemption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt. This notice shall be provided to the Department no later than
March 1 following the end of the fiscal year
SFY 2010 Page 5
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 such closeout.
h. The completed audit report or written notification of audit exemption should be sent to the
following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the
subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
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 the project, the
reasons for delay, and the expected start date.
b. If a project is not operational within 90 days of the original start date of the award period, the
subrecipient must submit a second statement to the Department explaining the
implementation delay.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-
obligate subgrant funds to other Department approved projects The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written adjustment to this agreement.
19. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
reason of any failure in performance of this agreement according to its terms (including any
failure by the subgrant recipient to make progress in the execution of work hereunder which
endangers such performance) if such failure arises out of causes beyond the control and
without the fault or negligence of the subgrant recipient. Such causes include, but are not
limited to, acts of God or of the public enemy, acts of the government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
SFY 2010 Page 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 supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts 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 delivery schedule shall be revised accordingly.
20. Written Approval of Changes in this Approved 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,
implementation 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 to 10% of the total budget between current, approved
budget categories without prior approval as long as the funds are transferred to an existing
line item
c. Under no circumstances can transfers of funds increase the total budgeted award.
21. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes,
disagreements, or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The
subgrant recipient's right to appeal the Department's decision is contained in S 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 S 120, Fla. Stat.
22. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time, a
representative of the Department, of the U.S. Department of Justice, or the Auditor General of the
State of Florida, have the right of visiting the project site to monitor, inspect and assess work
performed under this agreement.
23. Access To Records
a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S.
Department of Justice, the U.S. Comptroller General or any of their duly authorized
representatives, shall have access to books, documents, papers and records of the subgrant
recipient, implementing agency and contractors for the purpose of audit and examination
according to the Financial Guide and the Common Rule.
b. The Department reserves the right to unilaterally terminate this agreement if the subgrant
recipient, implementing agency, or contractor refuses to allow public access to all documents,
papers, letters, or other materials subject to provisions of S 119, Fla. Stat. , and
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made or received by the subgrant recipient or its contractor in conjunction 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 all paper or
electronic records related to the financial assistance.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
25. Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to the approved agreement. The prior mentioned individuals
have authority to sign or make amendments to the Sole Source, ADP Justification and the
Privacy Certification forms. The Project Director has authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief officer or elected official must submit to the
Department a letter or resolution indicating the person given signature authority. The letter
indicating delegation of signature authority must be signed by the chief officer or elected official
and the person receiving signature authority. The letter must also specify the authority being
delegated.
27. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for
the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the
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 otherwise provided by law, the provisions of S 435, Fla. Stat. shall
apply.
a. All positions in programs providing care to children, the developmentally disabled, or
vulnerable adults for 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotline; and all persons working under contract who have
access to abuse records are deemed to be persons and positions of special trust or
responsibility and require employment screening pursuant to S 435, Fla. Stat, using the level
2 standards set forth in that chapter.
b. All employees in positions designated by law as positions of trust or responsibility shall be
required to undergo security background investigations as a condition of employment and
continued employment. For the purposes of the subsection, security background
investigations shall include, but not be limited to, employment history checks, fingerprinting
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for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerpri nts shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency or employee. When fingerprinting is required, the fingerprints of the employee
or applicant for employment shall be taken by the employing agency or by an
authorized law enforcement officer and su bmitted to the Department of Law
Enforcement for processing and forwarding, when requested by the employing agency,
to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of Law Enforcement for any costs incurred by it in the
processing of the fingerprints.
29. Drug Court Projects
A Drug Court Project must comply with S 397.334, Fla. Stat., "Treatment-Based Drug Court
Programs. "
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence 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 Intelligence
Systems Operating Policies, if the Office of Justice Programs determines this regulation to be
applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable,
the Office of Justice Programs may, at its discretion, perform audits 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 fine with federal funds.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of the Office of Justice Programs Financial Guide is required from all projects
that are involved with confidential funds. The signed certification must be submitted at the time of
grant application.
33. Equal 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 implementing 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. S 3789d); the Victims of Crime Act (42 U.S.C. S
10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. S
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5672(b)); the Civil Rights Act of 1964 (42 U.S.C. S 2000d); the Rehabilitation Act of 1973 (29
U.S.C. S 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. S 12131-34); the
Education Amendments of 1972 (20 U.S.C. SS1681, 1683, 1685-86); the Age Discrimination
Act of 1975 (42 U.S.C. SS 6101-07); and Department of 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 on-line short form at
http://www.Ojp.uSdoj.gov/about/ocr/eeop_comply.htm. must be retained by the subgrant
recipient or implementing agency, and must be available for review 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 letter.
d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is
has fewer than 50 employees or if it does not receive any single award of $25,000 or more
from the Department of Justice or if it is 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 funding, until such time as 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, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
of the finding to the Office for Civil Rights, Office of Justice Programs.
34. Americans with Disabilities Act
Subgrant recipients must comply with the requirements of the Americans with Disabilities Act
(ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the
basis of disability and requires certain accommodations be made with regard to employment
(Title I), state and local government services and transportation (Title II), public accommodations
(Title III), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INN). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA Such violation by the subgrant recipient of the employment
provisions contained in Section 27 4A( e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
36. National Environmental Policy Act (NEPA)
a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National
Historic Preservation Act, and other related federal environmental impact analyses
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requirements in the use of subgrant funds by the subgrant recipient. This applies to the
following new activities whether or not they are being specifically funded with these subgrant
funds. That is, it applies as long as the activity is being conducted by the 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 remodeling 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 flood plain;
(3) A renovation, lease, or any other proposed use of a building or facility that will either (a)
result in a change in its basic prior use or (b) significantly change its size; and
(4) Implementation of a new program involving the use of chemicals other than chemicals
that are (a) purchased as an incidental component of a funded activity and (b)
traditionally used, for example, in office, household, recreational, or educational
environments.
(5) Implementation of a program relating to clandestine methamphetamine laboratory
operations, including the identification, seizure, or closure of clandestine
methamphetamine laboratories.
b. The subgrant recipient understands and agrees that complying with NEPA may require the
preparation of an Environmental Assessment and/or an Environmental Impact Statement, as
directed by the Bureau of Justice Assistance. 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 laboratory operations.
c. For any of a subgrant recipient's existing programs or activities that will be funded by these
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with the Department 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, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And
Suspension (Nonprocurement)" These procedures require the subgrant recipient to certify it shall
not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless
authorized by the Department. 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 performing 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;
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c. Are not presently indicted for or otherwise criminally or 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, State, or local) terminated for cause or default.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more.
b. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person
who fails to file the required certification is subject to a civil penalty of not less than $10,000
and not more than $100,000 for each failure to file.
c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant
certifies 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, continuation,
renewal, amendment, or modification of any Federal grant or cooperative 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 all 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 is prohibited under this contract
40. Additional Restrictions 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.
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41. "Pay - to - Stay"
Funds from this award may not be used to operate a "pay-to-stay" program in any local jail.
Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local
jail," as referenced in this condition, means an adult facility or detention center owned and/or
operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-
stay" programs as referenced in this condition, means a program by which extraordinary services,
amenities and/or accommodations, not otherwise available to the general inmate population, may
be provided, based upon as offender's apparent ability to pay, such that disparate conditions of
confinement are created for the same or similar offenders within a jurisdiction.
42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
If an award is made to support methamphetamine laboratory operations the subgrant recipient
must comply with this condition, which provides for individual site environmental
assessment/impact statements as required under the National Environmental Policy Act.
a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and
focal environmental, health and safety laws and regulations applicable to the investigation
and closure of clandestine methamphetamine laboratories and the removal and disposal of
the chemicals, equipment, and wastes used in or resulting from the operation of these
laboratories.
b. Specific Requirements: The 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 laboratory; (3) the seized laboratory
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
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 so 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 subgrant
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
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glassware, equipment, and contaminated materials and wastes from the site(s) of each
seized clandestine laboratory;
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, properly licensed recycling facilities;
(7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6
immediately above in order to ensure proper compliance;
(8) Have in place and implement an inter-agency agreement or other form of commitment
with a responsible State environmental agency that provides for that agency's (i) timely
evaluation of the environmental conditions at and around the site of a closed clandestine
laboratory and (ii) coordination with the responsible party, property owner, or others to
ensure that any residual contamination is remediated, if necessary, and in accordance
with existing State and Federal requirements; and
43. Limited English Proficiency (LEP)
(9) Have in place and implement 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; (ii) take that minor into
protective custody unless the minor is criminally involved 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 result of methamphetamine toxicity.
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of
1964,42 U.S.C. S 2000d, 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 responsibilities that recipients have in providing language services
to LEP individuals, please see the website at http://www.lep.qov.
44. The Coastal Barrier Resources Act
The subgrant recipient will comply and assure the compliance of all contractors with the
provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC
3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the
Coastal Barrier Resources System.
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.
46. Environmental Protection Agency's (EP A) 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
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Violating Facilities and that it will notify the Department of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA.
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, 87 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 that has been
identified as an area having special flood hazards.
48. National Historic Preservation Act
It will assist the Department (if necessary) in assuring compliance with section 106 of the National
Historic Preservation Act of 1966 (16 U.s.C. S 470), Ex. Order 11593 (identification and
protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16
U.S.C. S 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. S 4321).
49. Omnibus Crime Control and Safe Streets Act
The subgrant recipient will comply and assure the compliance of all contractors, with the
applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as
appropriate; the provisions of the current edition of the Office of Justice Program Financial and
Administrative Guide for Grants; and all other applicable State and Federal laws, orders,
circulars, or regulations.
50. Human Research Subjects
Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
51. National Information Exchange Model specifications
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 all 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
http://www.niem.qOv/implementationquide.Php.
52. Reporting, Data Collection and Evaluation
The subgrant recipient agrees to comply with all reporting, data collection and evaluation
requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the
Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the
Bureau of Justice Assistance.
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53. Privacy Certification
The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section
3789g 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
22.23.
54. 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 this grant
during the obligation and expenditures period. This is 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 administrative
file documenting the meeting of this requirement. For a list of State Information Technology
Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1 046.
55. Interstate Connectivity
To avoid duplicating existing networks or IT systems in any initiatives 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 subgrant
recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this
requirement would not be cost effective or would impair the functionality of an existing or
proposed IT system.
56. Supplanting
The subgrant recipient agrees that funds received under this award will not be used to supplant
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 activities.
57. Conflict of Interest
The subgrant recipient and implementing agency will establish safeguards to prohibit employees
from using their positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest, or personal gain.
58. Uniform Relocation Assistance and Real Property Acquisitions Act
The subgrant recipient will comply with the requirements of the Un iform Relocation Assistance
and Real Property Acquisitions Act of 1970 (42 U.S.C. S 4601 et seq.), which govern the
treatment of persons displaced as a result of federal and federally-assisted programs
59. Limitations on Government Employees Financed by Federal Assistance
The subgrant recipient will comply with requirements of 5 U.S.C. SS 1501-08 and SS 7324-28,
which limit certain political activities of State or local government employees whose principal
employment is in connection with an activity financed in whole or in part by federal assistance.
60. Equal Treatment for Faith Based Organizations
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the
Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the
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"Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that
Department of Justice grant awards of direct funding may not be used to fund any inherently
religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in
time or place from the Department of Justice funded program, and participation in such activities
by individuals receiving services from the grantee or 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/ocr/equaUbo.htm.
61. Certification for Employees Working Solely on a Single Federal Award
Any project staff that are fully funded by the grant must certify that they worked solely on the
grant. The certification must be prepared at least semi annually and must be signed by the
employee and by a supervisory official having first hand knowledge of the work performed by the
employee.
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American Recovery and Reinvestment Act of 2009
I Special Recovery Act Conditions
1. Recovery Act
a. All subgrant recipients must comply with Public Law 111-5, the American Recovery and
Reinvestment Act of 2009 (This law 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 Office 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 (" ARRA" or "Recovery Act") requirements. Subgrant recipients are
responsible for contacting their grant managers for any needed clarifications.
c. The recipient agrees to comply with any modifications 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. Access to Records; Interviews
The subgrant recipient understands and agrees that FDLE, the Department of Justice (including
the Office of Justice Programs and the Office of the Inspector General)), and its representatives,
and the Government Accountability Office, shall have access to and the right to 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 FDLE, the Department of Justice, and the
Government Accountability Office are authorized to interview any officer or employee of the
subgrant recipient, contractor, or subcontractor regarding transactions related to this Recovery
Act award.
3. One-time 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 Recovery 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 with other 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 activities are to be charged to the
award will maintain timesheets to document hours worked for activities related to this award and
non-award related activities
SFY 2010
Page 1
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
American Recovery and Reinvestment Act of 2009
5. Central Contractor Registration and DUNS Number
The subgrant recipient must maintain a current registration in the Central Contractor Registration
(www.ccr.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.
6. Additional Audit Requirements - Recovery Act Transactions Listed in Schedule of
Expenditures of Federal Awards
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-profit Organizations" and OM8 A-102 Common
Rules 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 OMB Circular A-133. This condition only applies
if the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local
Governments, and Non-Profit Organizations" cover the subgrant recipient. This shall be
accomplished by identifying expenditures for Federal awards made under the Recovery Act
separately on the SEFA as separate rows under Item 9 of Part III 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.
7. Reporting (Section 1512)
a. In addition to the reporting 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 FDLE not later than ten calendar days
after the end of each calendar quarter. Receipt of funds will be contingent 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. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct
The subgrant recipient must promptly refer to the Department of Justice, Office of the Inspector
General any credible evidence that a principal, 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 Assistance Grant Program
American Recovery and Reinvestment Act of 2009
e-mail: oig. hotline@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 State and Local Government and Contractor Whistleblowers (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 specific 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 www.ojp.usdoj.gov/recovery.
10. Limit on Funds (Section 1604)
None of the funds appropriated or otherwise made available in this Act may be used by any State
or local government, or any private entity, for any casino or other gambling establishment,
aquarium, zoo, golf course, or swimming pool.
11. Infrastructure Investment (Sections 1511 and 1602)
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 the subgrant recipient decide to use funds for
infrastructure investment subsequent to award, the subgrant recipient must submit appropriate
certifications under section 1511 of the Recovery Act and receive prior approval from the Office of
Justice Programs. In seeking such approval, the recipient shall give preference to activities that
can be started and completed expeditiously, and shall 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 atwww.ojp.usdoj.gov/recovery.
12. Buy American (Section 1605)
a. The subgrant 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.F.R.
part 176) that further implement the specific requirements 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 of 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
Page 3
13. Wage Rate Requirements (Section 1606)
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
American Recovery and Reinvestment Act of 2009
Notwithstanding any other provision of law and in a manner consistent with other provisions in
this Act, 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 Government
pursuant to this Act shall be paid wages at rates not less than those prevailing on projects of 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 Reorga nization Plan No.
14 and the Copeland Act, 40 U. S. C. 3145, the Department ofLabor has issued regulations at 29
CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR
5.5 instruct agencies conceming 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 this 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 initial
inquiries conceming the application of Davis-Bacon requirements to a particular federally assisted
project to the Federal agency funding the project. The Secretary of Labor retains final coverage
authority under Reorganization Plan Number 14.
14. NEPA and Related Laws
The subgrant reCipient understands that all Office of Justice Programs awards are Subject to the
National Environmental Policy 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 canying out its responsibilities under
NEPA 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. D.) The subgrant recipient also agrees to comply with all Federal, State, and local
environmental laws and regulations applicable to the development and implementation of the
activities to be funded under this award. See item 36 of the Standard Conditions.
15. Misuse of award funds
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.
SFY 2010
Page 4
RESOLUTION NO. ~ _ 2009
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY,
FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FISCAL YEAR 2010
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
WHEREAS, the Florida Departmenl 01 Law Enlorcement has announced Ihe
funding under the American Recove/}' and Reinvestment ACI lor Fiscal Year 2010
Edward Byrne Memorial Justice Assistance Granl (JAG) Program; and
WHEREAS, the Monroe County Board 01 Commissioners agrees 10 serve as Ihe
coordinating unit of govemmenl in the preparation of the grant proposals and in the
d is If/butio n of funds al/oca ted to Man roe County in the amount of $410,521 with no
cash match; and
WHEREAS, fhe Monroe County Substance Abuse Policy Adviso/}' Board, with
concern given to the County's current drug control etforts, has recommended Certain
programs receive tunding to provide the community with activities locused on drug and
alcohot education, prevention, rehabilitation, and treatment; now therelore,
BE tT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
1. The Board of County Commissioners concurs with the Monroe County
Substance Abuse Policy Adviso/}' Board's recommendations; and that
2. The County Administrator is hereby authorized to sign and submit the
application packet tor the ARRA Fiscal Year 2010 grant funds to the Florida
Department of Law Enforcement Edward Byrne Memorial Justice Assistance
Grant (JAG) Program; and that
3. This resolullon shall beCome ef/ective immediately upon adoption by the
Board of County Commissioners and execution by the PreSiding Of/icer and
Clerk.
PASSED AND ADOPTED by the Board 01 County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 15'" day at July, AD., 2009.
~ ~ :3 -
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C)(S~/) -': ' , Monr
~At~~Mo ~BY ,___
Clerk of Court
Mayor Neugent
Mayor Pro Tem Murphy
Commissioner Carruthers
Commissioner DiGennaro
Commissioner Wigington
Yes
Yes
Yes
Yes
Mayor '
'10~JRnE CO Gr.;'''' I " TT'j"" lll-~'>
I, " -' , , I ,"-', ',> n, \ ~ .
d:P~O'/~D A.3 Tf) FORt,,1.
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AS''':S'A''T '-"I '"JY''' ~,.. r"RNFY
'>112 :~--_.&J.i~~~._._~~___
CERTIFICA TION AS TO FEDERAL GROSS REVENUES RECEIVED
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
American Recovery and Reinvestment Act of 2009
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.
\ ~ ~A:et"~
Signature o~bgrantee Chief Financial Officer
07/01/2009
Date
Dannv Kolhaqe
Typed Name of Subgrantee Chief Financial Officer
Clerk of the Court
Title of Subgrantee Chief Financial Officer
Monroe County
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 FDLE with the names
and total compensation of the five most highly compensated officers of the subgrantee.
Certification as to Federal Gross Revenues Received
Page 1
(Rev April 2009)
CERTIFICATION FORM
/I 00 5imon-\1)n ST'
Recipient Name and Address: Monroe County Board of County Commissioner~. I<e~ we.s+ J F L 33:)LjD
Grant Title: Mortgage Fraud Protection/Prevention Grant Number: 201 0-ARRC-357 A ward Amount: $113,137
Contact Person Name and Title: Lisa Tennyson, Grants Administrator
Phone Number: (305) 292-4444
:...
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare. maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R 99 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (ifapplicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7th Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TrY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that
apply
o
o
o
Recipient has less than 50 em ployees,
Recipient is a non-profit organization,
Recipient is a medical institution,
o Recipient is an Indian tribe,
o Recipient is an educational institution, or
o Recipient is receiving an award less than $25,000
r, [responsible official], certify that
[recipient) is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R 942.302. r further certify that
[recipient} will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title
Signatu re
Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. 9 42.305):
I, Roman Gastesi, Jr, County Administrator [responsible o ffi cia I), certify that
the Monroe County Board of County Commissioners [recipien t), which has 50 or more
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
EEOP in accordance with 28 CFR 942.30 I, et seq., subpart E. r further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: Calvin Allen, EEO Officer, Monroe County Boce [organization],
at 1100 Simonton Street, Key West, Florida 33040 [address],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
Justice Programs, U. S. Department of Justice, as required by re.le~zs an? gu~atiO s..
Roman Gastesl, Jr., County Administrator kr:.. :;...---~ 7 I { 5 (01
--------------------------- --. -- -~= ------------ -------
Print or type Name and Title Signature Date
OM8Approva/No. 1/21-0140
ExpiratiOn Date 0 iiJ 1/06
CERTIFICATION FORM t\ u
e 862.0 DVGYSeAS \N 7 .
Recipient Name and Address: State Attorney's Office, 16th Judicial CirCUij \0. vl!.f n i e. '( ,FL 3:3 07 [)
Grant Title: Mortgage Fraud Prev/Protection Program Grant Number: 2010-ARRC357 Award Amount: $113,137
Contact Person Name and Title:
Nancy L. Criswell
l~ecutive Director
Phone Number: ( 3 0 ~ 292 - 34 00
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R ~~ 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients. according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need to submit the EEO P to OIP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A retipint should complete either Section A or Section B, not both. If a recipient receives multiple alP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed fonn(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7111 Street. N. W., Washington. D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TTY 202 307.2027.
Section A- Declaration Claiming Comolete Exemption from the EEOP Requirement. Please checlc a/lthe boxes that
apply.
o
o
o
Recipient has less than 50 em ployees.
Recipient is a non-profit organization.
Recipient is a medical institution,
o Recipient is an Indian tribe,
o Recipient is an educational institution, or
o Recipient is receiving an award less than $25,000
I, (responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R g42.302. I further certify that
[recipient] will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title
Signatu re
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
Date
Ifa recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. ~ 42.305):
I, Dennis \~. \\ard [responsible official), certify that
the State Attorney's Office, 16th Judicial Circuit (recipient],whichhas 500r 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 g42.301, et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: Sta te Attorney I s Off ice, 16th Judicia 1 Circuit [organization],
at 530 vvhiteheadStreet Suite 20 Ke vvest [addressJ,forreview by the public and
employees or for review or audit by officials of the relevant state planning c. r the Office for Civil Rights, Office of
Justice Prog.-ams. U. S. Department of Just;ce, as required by relevant Jaws and regUlatio~ . /J
[;ennis W. ~ard, State Attorney /.r ~J ~ 7/29/09
Print or type Name and Title Signature Date
OMBAppmvaINo.1121.0140
Expiration Dale 01/31/06
Application for Funding Assistance
Florida Department of Law Enforcement
American Recovery Act - JAG Countywide
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
':i::'::'"'t:. 'Statebf Florida
;Oep~rtment of Law Enforcement
Qfficeof Criminal Justice Grants
Signature:
(/ ~ '//. tw'tL"
yfon H. WIder, AdministraW~
/o~ ?-oC;
Typed Name and Title:
Date:
1\,: c_; -; :,
9 ',,:\ \-!-;,~,i;::;- ',. "
t' .;~~~t'f_ ~\
>...... ........ ./'~:;.1;';.subgrantSecipient
~',>.o{.,J.< ,AuthorizirigOfficialofGqvernmentaf Unit
:-~----"~,-,,,~,-_.- --~-:'- .',' '.--<, -~-y>. - ',','."..'. ;:-':
.0:Jq9m!lliS~l~q~~ai.rni~n,nnaY~rl:'9rQesignatedRepresentative)
;.- '-""-"-_'-';..'':''t'~, t._.,_ ,-.-, -<..'.',-, .<:.:c",',..._....3,~""<____~ <.-..,-"__:__-_^>;-_~~-_:<-___ n _ ,____ "'"'
Typed Name O~Pi~ Monroe
Signature: ~
.
County
Roman Gastesi, County Administrator
Date:
"';,~;.,?:;: ..,";:;...~~n\~;~'#1pjenierltingAgency ...,.:; ;, '.;~~{'~
f~Kk":aPfficiaf, Ad,!nin!~tratoro.d)e~j.9nated Representative-'
.f':, A":>','.' ',',' ,~'./:;'~;:',,"<'," ,_., '" '.'" "
-'11"
Typed Name of Implementing Agency:
Signature:
Typed Name and Title:
Date:
/
Circuit
Attorney
1If1"l1~9
Application Ref #
Contract
2010-ARRC-357
-ARRC-MONR- - -
Section #6 Page 1 of 1
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)