2. 04/20/2005 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
May 4, 2005
TO:
Salvatore Zappulla, Director
Office of Management & Budget
FROM:
Dave Owens
Grants Management
Pamela G. Hanc~
Deputy Clerk
ATTN:
At the April 20, 2005, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Funds Agreement between Monroe County and the
Monroe County Sheriffs Office for the purchase of one breathalyzer unit and printer.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
Filev'
EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT
ASSISTANCE FORMULA GRANT FUNDS AGREEMENT
THIS AGREEMENT is made and entered into this do ~ _ day of
OwUI , 2005, by and between The Monroe County Board of County
CommissIoners, a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and The Monroe County
Sheriffs Office, hereinafter referred to as "SHERIFF."
WITNESSETH
WHEREAS, the Florida Department of Law Enforcement has awarded a sub-grant of
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds to
the COUNTY to implement a program that provides blood alcohol level testing via breath
analysis and
WHEREAS, the County is in need of an implementing agency to provide said services
under this Program; and
WHEREAS, the SHERIFF is the sole provider of this program; and
WHEREAS, the COUNTY has agreed to purchase blood alcohol level testing equipment
for use by the SHERIFF in accordance with the COUNTY'S application and agreement with
FDLE for the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula
Grant Funds,
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and the SHERIFF agree as follows:
1. TERM - The term of this Agreement is from February 1, 2005, through July 31,
2005, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein.
2. SERVICES - The SHERIFF will provide blood alcohol level testing services as
outlined in the COUNTY'S Byrne Formula Grant Program Sub-grant Award, attached and made
a part hereof.
3. OWNERSHIP - As sub grantee, the COUNTY will retain ownership of all
equipment purchased under this agreement. The equipment will be maintained in the
COUNTY'S inventory, and the SHERIFF will comply with all reasonable requests from the
COUNTY regarding periodic checks of inventoried property. The SHERIFF will notify the
COUNTY in the event of relocation of any of the equipment purchased by the COUNTY under
this agreement.
4. 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
$6,350.00. The total sum represents federal grant/state sub-grant support in the amount of
$4,762.00 and Florida Department of Law Enforcement matching funds in the amount of
$1,588.00. All funds shall be distributed and expended in accordance with the Project Budget
Narrative submitted as outlined in the grant agreement.
5. INCORPORATION BY REFERENCE - The provisions of those certain
documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of
Law Enforcement Sub grant Award Certificate and Application" therefor and all laws, rules and
regulations relating thereto are incorporated by reference, (Attachment A).
6. IMPLEMENTING AGENCY BOND - The SHERIFF is an implementing agency
under the COUNTY'S Edward Byrne Memorial State and Local Law Enforcement Assistance
Formula Grant Program, and shall be bound by all the provisions of the documents incorporated
by reference in Section 4 of this Agreement. Additionally, the SHERIFF shall be bound by all
laws, rules, and regulations relating to the COUNTY'S performance under the Edward Byrne
Memorial State and Local Law Enforcement Assistance Formula Grant Program.
7. BILLING AND PAYMENT
(a) The COUNTY shall render to the Florida Department of Law Enforcement, at the
close of each calendar quarter, an itemized invoice properly dated, describing the services
rendered, the cost of the services, and all other information required by the Program Director for
reimbursement.
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 SHERIFF
after the SHERIFF has received notice of termination. In the event there are any unused Edward
Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds, the
SHERIFF shall promptly refund those funds to the COUNTY or otherwise use such funds as the
COUNTY directs.
9. NOTICES - Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered United States mail, with return receipt requested, and
sent to:
FOR COUNTY
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL 33040
FOR PROVIDER
Monroe County Sheriff Richard Roth
5525 College Road
Key West, FL 33040
Either of the parties may change, by written notice as provided above, the addresses or persons
for receipt of notices.
1 O. UNAVAILABILITY OF FUNDS - If the COUNTY shallleam that funding from
the Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level
sufficient to allow for the services specified herein, this Agreement may then be terminated
immediately, at the option of the COUNTY, by written notice of termination delivered in person
or by mail to the SHERIFF at its address specified above. The COUNTY shall not be obligated
to pay for any services provided by the SHERIFF after the SHERIFF has received notice of
termination.
11. COMPLIANCE WITH LAWS AND REGULA nONS - In providing all services
pursuant to this Agreement, the SHERIFF shall abide by all statutes, ordinances, rules, and
regulations pertaining to, or regulating the provision of, such services, including those now in
effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State
of Florida and Article I ofthe 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 oftermination to the SHERIFF. If the SHERIFF receives notice
of material breach, it will have thirty days in order to cure the material breach of the contract. If,
after thirty (30) days, the breach has not been cured, the contract will automatically be
terminated.
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. EMPLOYEE STATUS - Persons employed by the SHERIFF in the performance
of services and functions pursuant to this Agreement shall have no claim to pension, worker's
compensation, unemployment compensation, civil service or other employee rights or privileges
granted to the COUNTY'S officers and employees either by operation oflaw or by the
COUNTY.
14. INDEMNIFICATION - The SHERIFF agrees to hold harmless, indemnify, and
defend the COUNTY, its commissioners, officers, employees, and agents against any and all
claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related
to the provision of services hereunder by the SHERIFF.
15. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous 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: DA~ Clerk
C-..L .
./Deputy Clerk
By:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
~~ >n ~
Mayor/Chairman
0\ Xi e.. t1 Speha r
Witness
MONROE COUNTY SHERIFF'S DEPT.
By: MaW-~4-
Title: . ~
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APPROVF.D AS TO FOOM
AND lEGtd. SUFnC;(NC~ .
/%//ffi' /~ 2-/":;-
av.~. SHER~I=F'S ATTORNEY
Office of Criminal Justice Grants
Mailing Address:
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
(850) 410-8700
Florida Department of
Law Enforcement
Guy M, Tunnell
Commissioner
MAR -4 am
\
The Honorable Dixie Spehar
Mayor, Monroe County
Board of Commissioners
500 Whitehead Street
Key West, Florida 33040
Re: 05-CJ-J3-11-54-01-271 / Intoxilyzer 8000 - Phase 3,
Circuit 16
Dear Mayor Spehar:
The Florida Department of Law Enforcement is pleased to award a Byrne State and Local
Law Enforcement Formula Grant in the amount of $4,762 to your unit of government.
These funds shall be utilized to implement a Byrne Program under Purpose Area 022 _
DUI Enforcement and Prosecution.
A copy of the approved subgrant application with the above referenced grant number
and project title is enclosed for your file. All correspondence with the Department should
always refer to the grant number and project title.
Your attention is directed to Section G of the subgrant, "Acceptance and Agreement".
These conditions should be reviewed carefully by those persons responsible for project
administration to avoid delays in project completion and cost reimbursements. Also, you
should review the enclosed Subgrant A ward Certificate. This certificate contains important
information that applies to this award.
The enclosed Certificate of Acceptance should be completed and returned to the Department
within 30 calendar days from the date of award. This certificate constitutes official acceptance
of the award and must be received by the Department prior to the reimbursement of any
project expenditures.
Committed to
Service . Integrity . Respect . Quality
The Honorable Dixie Spehar
Page Two
We look forward to working with you on this project. Ifwe can be of further assistance,
please contact Janice Parish at (850)410-8700.
Sincerely,
~~1iL~
Community Program Administrator
CHW/JP/dh
Enclosures
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
Byrne Formula Grant Program
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative,
acknowledges receipt and acceptance of subgrant award number
05-CJ-J3-11-54-01-271 in the amount of $4,762,
for a project entitled: Intoxilyzer 8000 - Phase 3,
Circuit 16
for the period of 02/01/2005 through 07/31/2005, to be implemented
in accordance with the approved subgrant application, and subject to
the Florida Department of Law Enforcement's conditions of acceptance
and agreement and special conditions governing this subgrant.
(Signature of Authorized Official)
(Date of Acceptance)
(Typed Name of Official)
(Typed Title of Official)
Monroe County
(Name of Subgrantee)
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
Byrne Formula Grant Program
SUBGRANT AWARD CERTIFICATE
Subgrantee: Monroe County Board of Commissioners
Date of Award:
~R-4~
Grant Period: From: 02/01/2005 To: 07/31/2005
Project Title: Intoxilyzer 8000 - Phase 3,
Circuit 16
Grant Number: 05-CJ-J3-11-54-01-271
Federal Funds: $4,762.00
State Agency Match:
Local Agency Match: $1,588.00
Total Project Cost: $6,350.00
Program Area: 022
Award is hereby made in the amount and for the period shown above
of a subgrant under Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, P.L. 90-351, as amended, and the Anti-Drug
Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee
and subject to any attached or special conditions.
This award is subject to all applicable rules, regulations, and
conditions as contained in the Financial and Administrative Guide
for Grants, Guideline Manual 7100.1D, Office of Justice Programs,
Common Rule for State and Local Governments or OMB Circulars
A-87, A-110 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.
OS-CJ-J3-11-S4-01-271
SUBGRANT AWARD CERTIFICATE (CONTINUED):
This grant shall become effective on the beginning date of the
grant period provided that within 30 days from the date of award,
a properly executed Certificate of Acceptance of Subgrant Award
is returned to the Department.
Qe~kL{. ~
Authorlz d Offlclal
Clayton H. Wilder
Community Program Administrator
3-3-05
Date
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
Please read instructions before completing this application.
· The term "Department", unless otherwise stated, refers to the Department of Law Enforcement.
· The term "OCJG" refers to the Office of Criminal Justice Grants.
· The term "subgrant recipient" or "subgrantee" refers to the governing body of a city, county, state agency, or an
Indian Tribe that performs criminal justice functions as determined by the U,S. Secretary of the Interior.
· The term "implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an
agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). It may also be an entity
eligible to be a subgrantee (ex. City of Live Oak)
· Instructions are incorporated in this document by reference,
A. Subarant Data
1. This section to be completed by Subgrantee 2. This section to be completed b, OCJG
Continuation of Previous Subgrant? 0 Yes ~ No Project 10 # I Program Area #: CFDA #: 16.579
If Yes, enter CJ Contract # of Previous Subgrant 2002-i11bt1,(-..J.; I 22
SFY 2003 CJ Contract # SFY 2005 CJ Contract #
2003- CJ - - - - - ,2005-CJ-'D,-lL.si-DJ - .;(7/
-- ---
B. Applicant Information
1. Subarant RecipientTSubgranteel
Name of Subgrant Recipient (Unit of Government): RECEIVED County
Name of Chief Elected Official I State Agency Head:
Title: Dixie Spehar, Mayor FEB 2 4 2005 Monroe
Address: 500 Whitehead Street j OFfICEOFCRlMINALJUSflCEGRANTs Area Code I Phone #
305-292-3440
City, County, State, Zip Code: Key West, Monroe, Florida, 33040 SUNCOM #
E-mail Address: boccdis1@monroecounty-f1.gov Area Code I Fax #
305-292-3466
2. Chief Financial Officer of Subgrant RecipientCSubgrantee)
Name of Chief Financial Officer: Danny L. Kolhage County
Title: Clerk of the Circuit Court Monroe
Address: 500 Whitehead Street Area Code I Phone #
305-292-3550
City, County, State, Zip Code: Key West, Monroe, Florida, 33040 SUNCOM #
E-mail Address: Area Code I Fax #
305-292-3663
3. Implementing Agency
Name of Implementing Agency: Monroe County Sheriff's Office
Name of Chief Executive Official I State Agency Head I Subgrantee representative County
(if a subordinate agency of the subgrant recipient):
Title: Richard D. Roth, Sheriff Monroe
Address: 5525 College Road Area Code I Phone #
305-296-2424
City, County, State, Zip Code: Key West, Monroe, FL 33040 SUN COM #
E-mail Address: rickroth@keysso.net Area Code I Fax #
FDLE B me Formula Grant A lication Packa e
Intoxil zer 8000 - Phase III Grant Ap lication
Page 1
OCJG - 005 (rev, 12/29/04)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
4. Project Director
Name of Project Director: Patricia Almeda County
(Implementing Agency Employee)
Title: Director, Planning and Research Division Monroe
Address: 5525 College Road Area Code / Phone #
305-292-7058
City, County, State, Zip Code: Key West, Monroe, FL 33040 SUNCOM #
E-mail Address: palmeda@keysso.net Area Code / Fax #
5. Contact Person
Name of Contact Person: David P. Owens County
(if other than Project Director)
Title: Grants Administrator Monroe
Address: 1100 Simonton Street Area Code / Phone #
305-292-4482
City, County, State, Zip Code: Key West, Monroe, FL 33040 SUNCOM #
E-mail Address: owens-david@monroecounty-f1.gov Area Code / Fax #
305-292-4515
6. Person Responsible For Financial ReDorting (if known)
Name: Patricia Almeda County
Title: Director, Planning and Research Division Monroe
Address: 5525 College Road Area Code / Phone #
305-292-7058
City, County, State, Zip Code: Key West, Monroe, FL 33040 SUNCOM #
E-mail Address: palmeda@keysso.net Area Code / Fax #
7. Person Responsible For Programmatic Performance Reportin~ (if known)
Name: Patricia Almeda County
Title: Director, Planning and Research Division Monroe
Address: 5525 College Road Area Code / Phone #
305-292-7058
City, County, State, Zip Code: Key West, Monroe, FL 33040 SUNCOM #
E-mail Address: palmeda@keysso.net Area Code / Fax #
8. Service Provider Contact Person
Name: N/A County
Title:
Address: Area Code / Phone #
City, County, State, Zip Code: SUNCOM #
E-mail Address: Area Code / Fax #
FDLE Byrne Formula Grant Application Package
Intoxilyzer 8000 - Phase III Grant Application
Page 2
OCJG - 005 (rev, 12/29/04)
Rule 110-9,006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
c. Administrative Data
1, Project Title: Intoxilyzer 8000 - Phase 3 - Circuit 16
2, Identify the year of the project (1,2,3, etc,) 1
3, Project period l$tartd2101105 I End:Q7/31105
D. Fiscal Data
Remit Warrant to: (This may only be either the individual listed in 82 (Subgrantee CFO) or a designee in
their office. If 82 is selected, do not reenter the contact information. This is onlv needed for desianee,
82 ~
OR
DESIGNEE
Name:
Title:
Address:
City, State, Zip
Phone Number:
2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer proaram?
(Reimbursement cannot be remitted to any entity other than the subgrantee.)
Yes XX No
3, Frequency ot Fiscal Reporting: Monthly_ Quarterly XX
4. Subgrant Recipient FEID #: 59-6000749
5. State Agency SAMAS #:
6. Project Generated Income (PGI):
Will the project earn PGI? (See Section G, Item 9.) Yes - No~
7, Cash Advance: Will you request an advance?
Yes_ Amount No L-
It yes, a letter of request must be submitted with the application or prior to submission of the first claim tor
reimbursement. Amount requested must be justified and accepted by FDLE.
FDLE Byrne Formula Grant Application Package
Intoxilyzer 8000 - Phase 111 Grant Application
Page 3
OCJG - 005 (rev, 12/29/04)
Rule 11 D-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
E. Project Narrative
1. Problem Identification: Briefly describe the specific problem to be addressed
with subgrant funds in terms of Problem Description, Problem Significance and
Needs Assessment.
The Florida Department of Law Enforcement (FDLE) has statutory authority to approve
methods of analysis for breath alcohol testing for use in investigations involving driving
under the influence (Florida Statute 316), commercial motor vehicles (Florida Statute 322)
and boating under the influence (Florida Statute 327). Specifically, the Alcohol Testing
Program has the authority to approve breath test instrumentation for evidentiary use within
Florida.
The breath test instrumentation currently being used in Florida is approaching fourteen
(14) years in age and is fast becoming obsolete. There is newer technology available
which would provide a better-suited evidentiary breath test instrument to all criminal justice
agencies for the purposes of facilitating a breath alcohol test. The new instrument that
has been approved by the FDLE Alcohol Testing Program is the Intoxilyzer 8000 (See
Chapter 11 D-8, Florida Administrative Code).
The use of the Intoxilyzer 8000 will bring the breath alcohol testing methodology and
instrumentation used within the state to the forefront of technology. At a minimum, the
new instrumentation will offer the ability to measure the alcohol concentration of a
person's breath specifically for alcohol, it will offer a "mobile" breath test for use by criminal
justice agencies involved in boating under the influence investigations, and it will allow a
networking capability, through the use of computers, so the Alcohol Testing Program may
better monitor each instrument individually and maintain statistics necessary to
successfully evaluate breath alcohol testing within the state.
Some of the breath test instrumentation currently being used (Intoxilyzer 5000) in Florida
is approaching fourteen (14) years of age. Over 60% of the breath test instruments being
used are over 11 years in age. Within the next couple of years, the manufacturer of the
current breath test instrumentation may cease production of parts necessary to repair
these instruments and they will no longer be available for use.
Currently, there are two "types" of Intoxilyzer 5000 instruments and three "types" of
software used in the breath test instrumentation. Use of the Intoxilyzer 8000 would bring
statewide consistency to breath alcohol testing and have available one type of instrument
and one type of software. The Intoxilyzer 8000 will provide the criminal justice agencies in
Florida with breath test instrumentation that is of the most advanced technology and of the
highest scientific reliability.
FDLE Byrne Formula Grant Application Package
Intoxilyzer 8000 - Phase 11/ Grant Application
Page 4
OCJG - 005 (rev, 12/29/04)
Rule 110-9,006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
Improved instrumentation will offer the following:
· The ability to specifically quantitate alcohol;
· A "mobile" evidentiary breath test for use by criminal justice agencies involved in
boating under the influence investigations or in DUI checkpoints;
· Networking capability so that the Alcohol Testing Program can begin maintaining
statistics necessary to successfully evaluate breath alcohol testing in the State.
Such information will be loaded into a central database at FDLE. This will allow
FDLE to determine the number of breath tests performed and the average breath
test result in Florida. This information will facilitate Alcohol Testing Program
planning and provide information for policy makers at the state, county or agency
level.
FDLE Byrne Formula Grant Application Package
Intoxilyzer 8000 - Phase 11/ Grant Application
Page 5
OCJG - 005 (rev. 12/29/04)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
2. Project Description: Briefly describe proposed project activities. This section
should address the basic points of who, what, when, where, and how.
It is the goal of the Alcohol Testing Program to bring the breath alcohol testing
methodology and instrumentation used within the state to the forefront of technology. At a
minimum, the new instrumentation will offer the ability to measure the alcohol
concentration of a person's breath specifically for alcohol. The instrumentation will offer a
"mobile" breath test for use by criminal justice agencies involved in boating under the
influence investigations as well as allowing a networking capability through the use of
computers. This capability will allow the Alcohol Testing Program to better monitor each
instrument individually and maintain statistics necessary to successfully evaluate breath
alcohol testing within the state.
Information will be loaded into a central database at FDLE, which will provide extensive
networking capability throughout the state. Information including, but not limited to, the
subject, the case, the number of breath tests a particular agency performs within a given
period, and the breath alcohol result can be obtained from the database. This will allow
FDLE to determine the number of breath tests performed and the average breath test
result in Florida. This information will facilitate Alcohol Testing Program planning and
provide information for policy makers at the state, county or agency level.
Monroe County will purchase and distribute ~ of Intoxilyzer 8000 and ~ Printers,
which will be used to print data obtained by the Intoxilyzer 8000. Distribution of the
equipment will be as follows:
Aaency
Number of
Intoxilyzer 8000s
Number of Printers
Monroe County Sheriff's Dept.
one (1)
one (1)
TOTAL Numbers
one (1)
one (1)
FDLE Byrne Formula Grant Application Package
Intoxilyzer 8000 - Phase 11/ Grant Application
Page 6
OCJG - 005 (rev. 12/29/04)
Rule 110-9,006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
Program Objectives and Performance Measures:
a. The Objectives and Measures for this program have been pre-established.
b. You will need to include the numerical accomplishments for the measures. Enter
the total number for the grant period in column 3. For example, ifS instruments
will be purchased, enter S in column 3.
a. List the number and title of the Program Area to be addressed.
22
(#)
OUt Enforcement and Prosecution
(Title)
b. Uniform Obiectives: Enter the total number for the grant period in column 3.
For example, if instruments will be purchased, enter S in column 3.
Purchase one (1) evidentiary breath test instruments.
022.06 Part 1 - During this reporting period, how many evidentiary breath test
instruments did you purchase?
Purchase one (1) computer / printer / software packages.
022.07 Part 1 - During this reporting period. how many computer / printer / software
acka es did ou urchase?
Distribute one (1) evidentiary breath test instruments to criminal justice
breath test facilities in Florida.
022.08 Part 1 - During this reporting period, how many evidentiary breath test
instruments did you distribute? List the number by location in the narrative
ortion of the re ort.
Distribute one (1) computer / printer / software packages to criminal justice
breath test facilities in Florida.
022.09 Part 1 - During this reporting period, how many computer / printer / software
packages did you distribute? List the number by location in the narrative
ortion of the re ort.
1
1
1
1
FDLE B me Formula Grant A lication Packa e
Intoxi/ zer 8000 - Phase 11/ Grant A lication
Page 7
OCJG - 005 (rev, 12/29/04)
Rule 110-9,006
Application for Funding Assis~tance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
4. Activity Implementation Schedule. Complete the Activity Implementation Schedule
showing when activities in the Program Description will commence and how the project will
progress. This chart benchmarks planned activities, both administrative and programmatic.
An "X" has been inserted for reports with mandatory due dates for all projects. Place an
additional "X" to indicate times applicable to your project, as illustrated for quarterly program
reports. Make a detailed listing of key activities under the heading "Programmatic
Activities." Your Quarterly Performance Reports will be reviewed against this schedule.
02/01/05 - 07/31/05
Subgrant Period (Beginning Date - Ending Date)
Administrative Activities
ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul AUQ Sep
Submit Financial Reimbursement
Requests X
.
Submit Financial Closeout Package X
Submit Quarterly Program Reports X X
Submit Quarterly PGI Reports
(If applicable)
Programmatic Activities
(Continue on a second page if necessary.)
Be sure to include activities mentioned in the Project Description
ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
Order Intoxi/yzer 8000 instrument(s) X
Order printer(s) X
Receive Intoxilyzer 8000 instrument(s) X
Receive printer(s) X
Distribute Intoxi/yzer(s) X
Distribute printer(s) X
FDLE B me Formula Grant A
Intoxil er 8000 - Phase III Grant A lication
Page 8
OCJ G - 005 (rev. 12/29/04)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
a. The Project Budget Schedule includes five Budget Categories (Salaries and
Benefits, Contractual Services, Expenses, Operating Capital Outlay, and
Indirect Costs) and Total Project Costs. Only Expense or Operating Capital
Outlay may be used for this program.
b. Enter the amount of federal, matching, and total funds by budget category
that you will use to support project activities. Enter dollar amounts only in
applicable categories based on totals from the Budget Narrative and leave
others blank. Total Match must be 25 percent of the Total Budget.
c. Show all figures rounded to the next highest dollar; do not include cents.
(Example $4,505.25 as $4,506).
Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank.
Budget Category
Federal
Match
Total
Contractual
Services
Salaries And
Benefits
Expenses
281.00
94.00
375.00
Operating Capital
Outlay
4,481.00
1,494.00
5,975.00
Indirect Costs
Totals
4,762.00
1,588.00
6,350.00
FDLE Byrne Formula Grant Application Package
Intoxilyzer 8000 - Phase III Grant Application
Page 9
OCJG - 005 (rev. 12/29/04)
Rule 110-9,006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
2. Bud et Narrative
a. The Project Budget Narrative may reflect costs in only the two appropriate
budget categories (Expenses or Operating Capital Outlay (OCO)). The Total
Project Costs should be included.
b. Reimbursements will only be made for items clearly identified in the budget
narrative.
c. Costs must not be allocated or included as a cost to any other federally
financed program.
Continue on additional a es if necessa .
Please respond to the following five items before providing the details of the Budget
Narrative.
1. Source of match must be cash and represent no less than 25% of the project's
cost.
a. Identify your specific source(s) of matching funds.
Match will be provided by the Florida Department of Law Enforcement.
b. Is match available at the start of the grant period?
Yes.
2. If Salaries and Benefits are included in the budget as Actual Costs for staff in the
implementing agency, is there a net personnel increase, or a continued net
personnel increase from the initial year? N/A
No:
Yes:
If no, please explain.
If yes, please list number and title of position and type of benefits.
3. Indicate the OCO threshold established by the subgrantee. $ 750.00
4. If Indirect Cost is included in your budget please indicate the basis for the plan
(e.g. percent of salaries and benefits), and provide documentation of the
appropriate approval of this plan. N/A
5. If the budget includes seNices based on unit costs, be sure to provide a definition
and cost for each service as part of the budget narrative for contractual seNices.
Provide the following information.
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Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
a. What is the basis for the unit costs? Bid for equipment obtained by FDLE on
behalf of applicant. Provider will be CMI, INC.
· Unit cost is $5975 for the following package of equipment. Each package
includes: CMI Intoxilyzer 8000 (#002480FL); internal printer; modem;
badge reader; mobile gas delivery system; Scott V.08 gas cylinder; 3 rolls
of printer paper; 100 mouthpieces; and a two year limited factory warranty.
· Unit cost for each external printer is $375.
b. How recently was the basis established or updated? February 2004
Salaries and Benefits: None
Contractual Services: None
Expenses:
(number of external printers) @ $375/printer = 375.00
(This is to be filled in only if the printers will be not carried as OCO. If printers are
considered OCO, Expenses will be N/A.)
Operating Capital Outlav (OCO):
(number of Intoxilyzer 8000 packages) @ $5975/ package = 5,975.00
(number of external printers) @ $375/printer =
(This is to be filled in only if the external printers will be carried as OCO. External
printers should be either Expenses or OCO.)
Indirect Costs: None
TOTAL BUDGET:
6,350.00
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Intoxilyzer 8000 - Phase 111 Grant Application
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Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
G. Conditions of Acceptance and Agreement
Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing
agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval
of this subgrant, the approved application and the following terms of conditions will become binding. Failure to
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 16 of this section.
1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the
current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and
Byrne Program Guidance Document as well as Florida laws and regulations including the Florida
Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law Enforcement
Assistance Formula Grant Program.
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of
allowability and standards for selected cost items set forth in the OJP Financial Guide, U,S. Department of
Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles
for State. Local and Indian Tribal Governments", or OMB 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 OMB Circular A-11 0 and Florida
law to be eligible for reimbursement.
3. Reports
a. Project Performance Reports
(1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports
to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination
date. In addition, if the subgrant award period is extended beyond the "original" project period,
additional Quarterly Project Performance Reports shall be submitted.
Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in
sanctions, as specified in item 16 of Section G, performance of Agreement Provisions.
(2) Report Contents: Performance reports must include both required sections, the quantitative response
(in response to specific objectives and measures) and the qualitative narrative. The narrative must
reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in
performance measures, and also identify problems with project implementation and address actions
being taken to resolve the problems,
b. Financial Reports
(1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial
Claim Report to the OCJG, Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after
the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days
after the end of the reporting period. In addition, if the subgrant award period is extended, additional
Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice
Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the
subgrant termination period, Such claim shall be distinctly identified as "final".
(2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim
Report Forms prescribed and provided by the Office of Criminal Justice Grants, A subgrant recipient
shall submit either monthly or quarterly claims in order to report current project costs , Reports are to
be submitted even when no reimbursement is being requested,
(3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit.
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(4) Before the "final" claim 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.
(5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February
1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering
subgrant project generated income and expenditures during the previous quarter, (See Item 10,
Program Income.)
c. Other Reports
The subgrant recipient shall submit other reports as may be reasonably required by OCJG,
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 OCJG.
b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S.
Department of Justice Common Rule for State and Local Governments, and federal Office of Management
and Budget's (OMB) Circulars A-21, A-87, and A-110, 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
The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual
appropriation by the Florida Legislature.
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 may be authorized for up to twenty-five (25) percent of the federal award for each project
according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, and the U,S, Department of
Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant
recipient upon a written request to the Department justifying the need for such funds. This request, inclUding
the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to
the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the
budgeted activities for the period.
8. Reimbursement Subject to Available Funds
The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available
federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds.
9. Travel and Training
a. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written
approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain
written approval from the Department for reimbursement of training costs and related travel prior to
commencement of training, if the specific training was not listed in the approved budget. Subgrant
recipients shall obtain written approval from the Department for reimbursement of travel costs for field trips
that were not listed in the approved project description and budget.
b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in
Section 112.061, Florida Statutes.
c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida
Statutes,
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Rule 110-9,006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
10. Program Income (also known as Project Generated Income)
Program income means the gross income earned by the subgrant recipient during the subgrant period, as a
direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide
and U.S, Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206-
Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management
Improvement Fund).
11. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment of a consultant
when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be
based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of
Justice Common Rule for State and Local Governments, and in applicable state statutes, The Department's
approval of the subgrant recipient agreement does not constitute approval of consultant contracts.
12. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its
useful life or request Department disposition.
b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and
dispose of any property furnished to it by the Department or purchased pursuant to this agreement
according to federal property management standards set forth in the OJP Financial Guide, U.S.
Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-11 O.
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 OJP Financial Guide, and the U.S. Department of Justice
Common Rule for State and Local Governments, or the federal OMS Circular A-110.
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
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support
funded under this grant agreement.
15. Audit
a. Subgrant recipients that expend $300,000 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 OMS Circular A-133 and other applicable federal law. The contract for this agreement shall be
identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be
identified as federal funds passed through the Florida Department of Law Enforcement and include the
contract number, CFDA number, award amount, contract period, funds received and disbursed. When
applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of
Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules ofthe Florida Auditor
General.
b, A complete audit report that covers any portion of the effective dates of this agreement must be submitted
within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be
complete, the submitted report shall include any management letters issued separately and management's
written response to all findings, both audit report and management letter findings, Incomplete audit reports
will not be accepted by the Department and will be returned to the subgrant recipient.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA), The
IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
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Application for Funding Assistance
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Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
d. The subgrant recipient shall take appropriate corrective action within six (6) months ofthe 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 $300,000 in Federal awards during a fiscal year are exempt from
the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which
can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the
Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to
the Department no later than March 1 following the end of the fiscal year.
g. If this agreement is closed out without an audit, the Department reserves the right to recover any
disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or notification of non-applicability should be sent to the following address;
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
16. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient,
the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems
appropriate including withholding payments and cancellation, termination, or suspension of the agreement in
whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days
in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services
satisfactorily performed prior to the effective date of such sanction.
17. Commencement of Project
a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant
recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a
revised project starting date.
b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant
recipient shall send another letter to OCJG, again explaining the reason for delay and request another
revised project starting date.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified
or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other
Department approved projects. The Department, where warranted by extenuating circumstances, may
extend the starting date of the project past the ninety (90) day period, but only by formal written amendment
to this agreement.
18. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of
any failure in performance of this agreement according to its terms (including any failure by the subgrant
recipient to make progress in the execution of work hereunder which endangers such performance) if such
failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient.
Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in
either its sovereign 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
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Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
negligence of either of them, the subgrant recipient shall not be deemed in default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other sources,
(2) The Department ordered the subgrant recipient in writing to procure such supplies or services from
other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the 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.
19. Extension of a Contract for Contractual Services
Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes
all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the
same terms and conditions set forth in the initial contract. Only one extension of the contract shall be
acceptable, unless failure to complete the contract is due to events beyond the control of the contractor.
20. Written Approval of Changes in this Approved Agreement
Subgrant recipients shall obtain approval from the Department for major substantive changes. These include,
but are not limited to:
a. Changes in project activities, target populations, service providers, implementation schedules, designs or
research plans set forth in the approved agreement;
b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds
between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the
total approved budget and the transfer is made to an approved budget item; or,
c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by
the Department. Transfers do not allow for increasing the quantitative number of items documented in any
approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or
Expense categories, or staff positions in the Salaries and Benefits category.)
d. Under no circumstances can transfers of funds increase the total budgeted award.
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 concemed parties. The
subgrant recipient shall proceed diligently with the performance of this agreement according to the
Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within
twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to
appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth
in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a
waiver of proceedings under Chapter 120, Florida Statutes.
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 privilege
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 ofthe subgrant recipient, implementing agency and contractors for
the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of
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Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
Justice Common Rule for State and Local Governments.
b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient,
implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or
other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the
subgrant recipient or its contractor in conjunction with this agreement.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum ofthree (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
Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative who sign Section I. Signature Page, have the
authority to request changes to the approved agreement. The prior mentioned individuals have authority to
sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has
authority to submit requests for approval of specific travel, Financial and Performance Reports, with the
exception of the 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
Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG 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 Chapter 435, Florida Statutes 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 pursuantto Chapter 435, F.S.,
using the level 2 standards set forth in that chapter.
b. All employees in positions designated by law as positions of trust or responsibility shall be required to
undergo security background investigations as a condition of employment and continued employment. For
the purposes of the subsection, security background investigations shall include, but not be limited to,
employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal
and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal
records checks through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and who refuses to
cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment
in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing agency. When
fingerprinting is required, the fingerprints of the employee or applicant for employment shall be
taken by the employing agency or by an authorized law enforcement officer and submitted to the
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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. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements
outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office,
program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be
obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700.
b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient
agrees that drug court programs funded with this award shall collect and maintain follow-up data on
criminal recidivism and drug use relapse of program participation. The data collected must be available to
U.S. DOJ and FDLE upon request.
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
a. The purpose of the federal regulation publiShed in 28 CFR Part 23 - Criminal Intelligence Systems
Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of
operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42
U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional
rights of individuals.
b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that
they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR
Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's
Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this
agreement.
c. This certification is a material representation of fact upon which reliance was placed when this agreement
was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and
does not meet Act and federal regulation criteria, they must indicate when they plan to come into
compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in
compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is
responsible for the continued adherence to the regulation goveming the operation of the system or faces
the loss of federal funds. The Department's approval of the subgrant recipient agreement does not
constitute approval of the subgrant-funded development or operation of a criminal intelligence system.
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 OJP's
Financial Guide is required from all projects that are involved with confidential funds from either Federal or
matching funds. The signed certification must be submitted at the time of grant application.
33. Equal Employment Opportunity (EEO)
a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be
refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of
the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the
Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-
Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H.
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b. The subgrant recipient and a the implementing agency agree to certify that they either do or do not meet
EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets
Act of 1968, as amended and that they have or have not formulated, implemented and maintained a
current EEO Program. Submission of this certification is a prerequisite to entering into this agreement.
This certification is a material representation of fact upon which reliance was placed when this agreement
was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated,
implemented and maintained such a current written EEO Program, they have 120 days after the date this
agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the
Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803
(a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information).
c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an
aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have
approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its
EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper
copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two
previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a
copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an
updated Plan must be submitted.
d. In the event a Federal or State court of Federal or State administrative agency makes a finding of
discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or
disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil
Rights, Office of Justice Programs.
34. Americans with Disabilities Act
Subgrantees must comply with the requirements ofthe 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) ofthe Immigration and Nationality Act ("INA"). The Department shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant
recipient of the employment provisions contained in Section 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 subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental
impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following
new activities whether or not they are being specifically funded with these subgrant funds. That is, it
applies as long as the activity is being conducted by the subgrantee or any third party and the activity
needs to be undertaken in order to use these subgrant funds,
(1) New construction;
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National
Register of Historic Places or (b) located within a 1 OO-year flood plain;
(3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a
change in its basic prior use or (b) significantly change its size; and
(4) Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example, in
office, household, recreational, or educational environments.
FDLE Byrne Formula Grant Application Package
Intoxilyzer 8000 - Phase 111 Grant Application
Page 19
OCJG - 005 (rev. 03/01/04)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the
subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to
cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that
funded program or activity.
37. Non-Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR,
Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to
certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by
the Department.
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 $1 00,000 or more; or federal loan of $150,000 or more.
b. This certification is a material representation of fact upon which reliance was placed when this agreement
was made. Submission of this certification is a prerequisite to entering into this agreement subject to
conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to
file the required certification is subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each failure to file.
c. The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federally appropriated funds have been paid or shall be paid to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of congress, an officer
or employee of congress, or an employee of a member of congress in connection with the awarding of
any federal loan, the entering into of any renewal, amendment, or modification of any federal contract,
grant, loan or cooperative agreement.
(2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to
influence an officer or employee of congress, or an employee of a member of congress in connection
with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and
submit the standard form, Disclosure of Lobbvinq Activities, according to its instructions.
(3) The undersigned shall require that the language of this certification be included in award documents
for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 38 of Section G, Conditions of Acceptance and Agreement, the
expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this
contract.
40. "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 andlor 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 andlor 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.
41. 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
FDLE Byrne Formula Grant Application Package
Intoxilyzer 8000 - Phase JfI Grant Application
Page 20
OCJG - 005 (rev. 03/01/04)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enfortement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
this condition, which provides for individual site environmental assessmenUimpact statements as required under
the National Environmental Policy Act.
a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental,
health and safety laws and regulations applicable to the investigation and closure of clandestine
methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes
used in or resulting from the operation of these laboratories.
b. Specific Requirements: The subgrantee 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 ofthe site(s) where any remaining
chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest.
Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety
and environmental impacts from any of clandestine methamphetamine operations funded under this award, it
will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding
to include 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 subgrantee understands that it may
implement these protective measures directly through the use of its own resources and staff or may secure the
qualified services of other agencies, contractor or other qualified third party.
1. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure
or closure if of clandestine methamphetamine laboratories;
2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training
for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or
closure of clandestine methamphetamine laboratories;
3. As determined by their specific duties, equip personnel assigned to the project with OSHA required
protective wear and other required safety equipment;
4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed
laboratory;
5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment,
and contaminated materials and wastes from the site(s) of each seized clandestine laboratory;
6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the
sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly
licensed recycling facilities;
7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately
above in order to ensure proper compliance;
8. Have in place and implement an inter-agency agreement or other form of commitment with a
responsible State environmental agency that provides for that agency's (i) timely evaluation of the
environmental conditions at and around the site of a closed clandestine laboratory and (ii)
coordination with the responsible party, property owner, or others to ensure that ant residual
contamination is remediated, if necessary, and in accordance with existing State and Federal
requirements; and
9. Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or
have immediate access to, qualified personnel who can respond to the potential health needs of any
offender(s)' children or other children present or living at the seized laboratory site. Response
actions should include, at a minimum and as necessary, taking children into protective custody,
immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up
medical tests, examinations or health care.
FDLE Byrne Formula Grant Application Package
Intoxilyzer 8000 - Phase III Grant Application
Page 21
OCJG - 005 (rev. 03/01/04)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
SUBGRANTEE CERTIFICA TION
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime
Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select
one of the following):
xx Meets Act Criteria
_Does not meet Act Criteria
I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand
that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written
EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the
Subgrant Recipient. . . (Select one of the following):
xx Has a Current EEO Plan
_Does Not Have a Current EEO Plan
Has included a copy of the current approval letter from the US DOJ
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO
Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a
subgrant application for fed ral a sistance is approved or face loss of federal funds.
Type Name: Thomas J. Willi
Title:Countv Administrator
Subgrant RecipientMonroe County Board of County Commissioners
Date: 2-/1 if () ,:;/'
FDLE Byrne Formula Grant Application Package
Intoxilyzer 8000 - Phase III Grant Application
Page 22
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.... _ . __ ... ......_...... ....._l1."',,""_J:- 'I.-.'l.J' .w- ............."-!<i~,~ A S"tJ'l..: 9...P.!t-.II:'::::t
.'tILt: ......"t.li:J;~=,~.t{:::l'Jl.::;
PA[ij:::
2/2
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
IMPLEMENTING AGENCY CERTIFICA TION
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime
Control and Safe Streets Act of 1968 as amended, that this Implementing Agency. . . (Select one of the
following):
xx Meets Act Criteria
_Does not meet Act Criteria
I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand
that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a
written EEO Plan relating to employment practices affecting minority persons and women. I also affirm
that the Implementing Agency. . . (Select one of the following):
xx Has a Current EEO Plan
Does Not Have a Current EEO Plan
Is Included in the EEO Plan of the Subgrant Recipient.
Has included a copy of the current approval letter from the US DOJ
I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written
EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a
subgran , plication for~ral ""& is approved or face loss of federal funds.
Signature of Implementing Agency Authorized Official
Type Name:: Richard D. Roth
Name of Subgrant Recipient: Monroe County Board of County Commissioners
Name of Implementing Agency: Monroe County Sheriff's Office
Title: Sheriff / r
Date: 2-~""/ () J
I !
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SHER1~F'S /;rrORNEY
Rule 110-9.006
Intoxilyzer 8000 - Phase III Grant Application
Page 23
OCJG - 005 (rev. 03/01/04)
FDLE Byrne Formula Grant Application Package
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
H. Signature Page
In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this
agreement, have read and understand the agreement in its entirety and have executed this agreement
by their duly authorized officers on the date, month and year set out below.
Corrections on this page, including
Strikeovers, whiteout, etc. are not acceptable.
State of Florida
Pepartment.ofLaWEn.forcelllent
Office of Criminal Justice Grants
S;gnature Clo/~ w. ~
Typed Name and Title: Clavton H. Wilder. Community Proqram Administrator
Date: 3 -5- D 5
Typed Name of Subgrant Recipient: Monroe County Board of County Commissioners
czc-~
Signature:
Typed Name and Title: Thomas J. Willi, County Administrator
Date:
Z(t '&/0 ':)
nting Agency: Monroe Count
AP.
eriff's Office
Signature:
Typed Name and Title: Richard D. Roth, Sheriff
vhJ--/~~r-
I !
Date:
FDLE Byrne Formula Grant Application Package
Rule 110-9.006
Intoxilyzer 8000 - Phase III Grant Application
Page 24
OCJG - 005 (rev. 03/01/04)