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2006-CJ-K3-11-54-01-264 06/21/2006 Clelll 01 De CircUl COUll Danny L. Kolhage Office (306) 295-3130 Fax (306) 235-3663 To: David P. Owens, Grants Administrator Isabel C. DeSantis" V Deputy Clerk V From: Date: Tuesday, August 08, 2006 At the BOCC meeting on June 21,2006, the Board approved Certificate of Acceptance of Sub grant Award No. 06-CJ-K3-ll-54-0l-264 between Monroe County and the Florida Department of Law Enforcement for the Criminal History Record Improvement - Livescan Program, using funds provided under the Byrne State and Local Law Enforcement Formula Grant, for the period from March 1, 2006 through August 31, 2006. Enclosed is a duplicate original of the subject document for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File Cl~f'k .c;., Df' , State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 06-CJ-K3-11-54-01-264 in the amount of $57,646, for a project entitled: Criminal History Record Improvement - Livescan for the period of 03/01/2006 through 08/31/2006, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's conditions of acceptance and agreement and special conditions governing this subgrant, ~ 01..;;>./-01;, (Signature of thorized Official) (Date of Acceptance) Charles "Sonny" McCoy (Typed Name of Official) Mayor/Chairperson (Typed Title of Official) Monroe County (Name of Subgrantee) MONROE COUNT'( AT'[()K"l:.' APPROVED AS TO FORM: .~Itr+~ tJ ~(# ~ NA ILEENE W. CASSEL ASSISTANT c/tUltY ATTORNEY " OuP Date r I 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: MAY 2 3 ~JC6 Grant Period: From: 03/01/2006 To: 08/31/2006 Project Title: Criminal History Record Improvement - Livescan Grant Number: 06-CJ-K3-11-54-01-264 Federal Funds: $57,646.00 State Agency Match: Local Agency Match: $19,216.00 Total Project Cost: $76,862.00 Program Area: 15C Award is hereby made in the amount and for the period shown above of a sub<j'rant under Title I of the Omnibus Crime Control and Safe Streets }'.ct of 1968, P.L. 90-351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100.lD, Office of Justice Programs, Common Rule for State and Local Governments or OMB Circulars A-8?, A-110 and A-2l, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. 06-CJ-K3-11-54-01-264 SUBGRANT AWARD CERTIFICATE (CONTINUED): This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Ag!o~l::-o#:J!jJ-~ Clayton H. Wilder Administ:rator S-.~3-D~ Date State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program The purchase order should be faxed to one of the following numbers: 714-237-0050 847-761-4989 847-761-4958 or mailed to: Motorola/Printrak 1250 North Tustin Ave. Anaheim, CA 92807 Attn: Jayne Goodall Please include the following statement on the purchase order: "FDLE quantity discount program, Phase 1". c:: Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Gra Please read instructions before completing this application. M FD :4Y 032006 The term "Department", unless otherwise stated, refers to the Department of Law Enforc'llU~nt. OF, The term "OCJG" refers to the Office of Criminal Justice Grants. "1f/""NAi.J~FICEOF The term "subgrant recipient" or "subgrantee" refers to the governing body of a city, county, state agenc , Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior. The term "implementing agency" Is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency ullderthe 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) Instructiol1s 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? Yes X No pr~~ct ID ~4 I Progrrm Area #: CFDA #: 16.579 If Yes, enter CJ Contract # of Previous Subgrant o -1.0 .$ c: SFY 2004 CJ Contract # SFY 2005 CJ Contract # 200( CJ -1\3-LL -Sj -Qi-1,,('<-{ B. Applicant Information 1. SubQrant Recipient ISuberantee) Name of Subgrant Recipient (Unit of Government): Monroe County Board of County Commissioners County Name of Chief Elected Official/State Agency Head: Charles "Sonny" McCoy Title: Mayor Monroe Address 530 Whitehead Street Area Code / Phone # 305-292-3430 City, County, State, Zip Code: Key West, Monroe, Florida 33040 E-mail Address: Area Code / Fax # 305-292-3577 2. Chief Financial Officer of Suberant Recipient (Subgranteel Name of Chief Fin"ancial Officer: Danny L. Kolhage County Title: Clerk of the Circuit Court Monroe Address: 500 Whitehead Street Area Code / Phone # 305-295-3550 City, County, State, Zip Code: Key West, Monroe, Florida 33040 SUNCOM # E-mail Address: Area Code / Fax # 305-295-3660 3. Implllmenting Aaencv Name of Implementing Agency: Monroe County Sheriffs Office Name of Chief Executive Official/State Agency Head / Subgrantee representative County (if a subordinate agency of the subgrant recipient): Richard D. Roth Title: Sheriff Monroe Address: S525 College Road Area Code / Phone # 305-296-2424 City, County, State, Zip Code: Key West, Monroe, Florida 33040 SUNCOM # E-mail Address: rroth@keysso.net Area Code / Fax # 305-292-7098 FDLE Byrne Formula Grant Application Package Grant Application Section /I ~ Page 1 OCJG - 005 (rev. April 2004) Rule 110-9.006 [=: Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Proiect Director Name of Project Director: County David P. Owens Title: Grants Administrator MONROE Address: 1100 Simonton Street Area Code I Phone # 305-292-4482 City, County, State, Zip Code: Key West. Monroe, Florida 33040 SUNCOM # E-mail Address: RROTH@KEYSSO.NET Area Code I Fax # 305-292-4515 5. Contact Person Name of Contact Person: David P. Owens County Title: Grants Administrator MONROE Address: 1100 Simonton Street Area Code I Phone # 305-292-4482 City, County, State, Zip Code: Key West, Monroe, Florida 33040 SUNCOM # E-mail Address: Area Code I Fax # Owens-davidliilmonroecountv-fi .oov 305-292-4515 6. Person Resoonsible For Financial Reoortina (if known) Name: David P. Owens County Title: Grants Administrator MONROE Address: 1100 Simonton Street Area Code I Phone # 305-292-4482 City, County, State, Zip Code: Key West, Monroe, Florida 33040 SUNCOM # E-mail Address: owens-david@monroecounty-fi.gov Area Code I Fax # 305-292-4515 7. Person Responsible For Proarammatic Performance Renorting (if known) Name: David P. Owens County Title: Grants Administrator Monroe Address: 1100 Simonton Street Area Code I Phone # 305-292-4482 City, County. State, Zip Code: Key West, Monroe, Florida 33040 SUNCOM # E-mail Address: owens-david@monroecounty-fi.gov Area Code I Fax # 305-292-4515 8. Service Provider Contact Person Name: Patricia Almeda Welichko County Title: Director Monroe Address: 5525 College Road Area Code I Phone # 305-292-7058 City, County, State, Zip Code: Key West, Monroe, Florida 33040 SUNCOM # E-mail Address: palmeda@keysso.net Area Code I Fax # 305-292-7098 FDLE Byrne Formula Grant Application Package Rule 110-9.006 Grant Application Section 11- Page 2 OCJG - 005 (rev. April 2004) I Edward B Application for Funding Assistance Florida Department of Law Enforcement me Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram C. Adminiistrative Data 1. Project Title: Criminal History Record Improvement 2. Identify the year of the project (I, II, III, etc.) 3. Project period I Start: March 1, 2006 I End:August31,2006 D. Fiscal Data Remit Warrant to: (This may only be either the individual listed in 82 (Subgrantee CFO) or a designee in their office. If 82 is selected, do not reenter the contact information. This is on Iv needed for desinnee. 82 XXXX OR DESIGNEE Name: Titl..: Adelress: City, State, Zip Phone Number: 2. Is tile subgrantee participating in the State of Florida Comptroller's Office electronic transfer Droaram? (Reimbursement cannot be remitted to any entity other than the subgrantee.) Yes No 3. Frequency of Fiscal Reporting: Monthly_ Quarterly XXXX 4. Subgrant Recipient FEID #: 5. State Agency SAMAS #: Not applicable 6. Project Generated Income (PGI): Will the project eam PGI? (See Section G, Item 9.) Ves - No XXXX 7. Cash Advance: Will you request an advance? Yes .- Amount No If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. Amount requested must be justified and accepted by FDLE. FDLE Byrne F,ormula Grant Application Package Grant Application Section /I - Page 3 OCJG - 005 (rev. April 2004) Rule 11 D-9.00li I Edward B Application for Funding Assistance Florida Department of Law Enforcement me Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram E. Proiect Narrative 1. Problem Identification: Briefly describe a specific problem to be addressed with subgrant funds in terms of Problem Description, Problem Significance and Needs Assessment, as described in the application instructions. Continue narrative on a second page if necessary. Do not exceed two pages. Use a readable size font, Del' instructions. The Monroe County Sheriffs Office will purchase two Livescan workstations. Persons arrested will be fing;erprinted on this equipment and the data will then be submitted to the Florida Department of Law Enforcement (FDLE) electronically for inclusion in the state's Computerized Criminal History file. The result is that the Sheriffs Office will be able to positively identify the subject arrested and FDLE will be able to maintain complete and accurate criminal history data for arrests occurring in Monroe County. This data is used by criminal justice and non-criminal justice agencies on a daily basis to make decisions. FDLE Byrne Formula Grant Application Package Rule 11 D~9.0013 Grant Application Section /1- Page 4 OCJG - 005 (rev. April 2004) c:: . Application for Funding Assistance Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 2. Project Description: Briefly describe proposed project activities. Refer to Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You should include project goals, administration, enhancement/expansion, staff, service providers, clients or other participants, equipment, location, and expected pmject results, as described in the application instructions This section should address the basic points of who, what, when, where, and how. Continue on additional a es if necessa ; do not exceed three a es. Funds obtained from this grant application will be used to purchase one Livescan workstation. FDLE and the Sheriffs Office have agreed to the following Memorandum of Understanding (MOU) regarding this project. Memorandum of Understanding This agreement between the Florida Department of Law Enforcement (FDLE) and Monroe County Sheriff's Office (Local Agency) establishes relationships for the initiation and continued operation of information systems supporting electronic capture and transmission of arrest data and criminal fingerprint images. FDLE shall: . Coordinate installation of two Live Scan Workstations to be purchased by the Local Agency and placed in Local Agency's facilities. . Provide frame relay network access between FDLE and the equipment provided under this MOU. . Provide or arrange training on the use of the installed equipment. . Provide written operating guidelines for accessing state databases using the equipment provided by FDLE. . Operate and maintain a database of tenprint records and unsolved latent prints accessible 24 hours per day, seven days per week. . Coordinate installation of FDLE or vendor initiated software upgrades for installed equipment to ensure continued interface with state databases. . Provide certification training of operators when necessary. . Provide on-site assistance to the local agency for maximizing effectiveness in operating equipment used for capture and transmission of fingerprint and arrest data. . Search new arrest fingerprints against unsolved latent data and notify contributing agency of positive identifications. . Provide certified fingerprint analysts at FDLE to support tenprint search and identification 24 hours per day, seven days per week. Rule 110.9.006 Grant Application Section II - Page 5 QCJG - 005 (rev. April 2004) FDLE Byrne Formula Grant Application Package c:: - Application for Funding Assistance Florida Department of law Enforcement Edward Byrne Memorial State and local law Enforcement Assistance Formula Grant Program . I::stablish operating priorities and policies that maximize the effective use of this technology to users statewide. . Plan for future growth to ensure continued operation of this support function. Local Agency shall: . Purchase required equipment. · Immediately identify a project officer to coordinate activities relating to this MOU. . Establish a mutually agreeable schedule for equipment delivery and transition to electronic transmission of arrest and fingerprint data to FDLE. · Fund for and complete any necessary local facility modifications (e.g., power or local communications wiring) that may be required to properly house and operate the equipment provided by FDLE. . Budget for and assume maintenance responsibility for equipment. · Complete fingerprint and arrest information for timely electronic transmission to FDLE in the format specified by the National Institute for Standards and Technology (NIST) to include the Type 2 record definition supplied by FDLE. · Comply with Offender Based Tracking System (OBTS) numbering for ten print submissions as defined by FDLE. · ,Il,dhere to FDLE's policies and procedures regarding certified operators for FCIC and tenprint operations. · Comply with FDLE operational guidelines for accessing the state database. . Set a yearly goal to submit 100% of all fingerprint records processed within county. FDLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section /I ~ Page 6 OCJG - 005 (rev. April 2004) c:: . Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 3. ProQram Objectives and Performance Measures: Up to three types of objectives may be included in this section of your subgrant application, i.e., Uniform Objectives, Project-Specific Objectives and Self-Generated Objectives. If you are proposing a project in one of the Authorized Program Areas with no Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 41 0- 8700 for further uidance. Continue on a second pa e if necessa . a. List the number and title of the Program Area to be addressed. Refer to Appendix II, Part II, for a listing of authorized program areas. (Select only 1 Program Area) 15C (#) Criminal Justice Records Improvement (Title) b. List Uniform Objectives first, followed by any other appropriate objectives you may wish to address. If additional objectives are included, please identify whether they are Project Specific or Self-Generated Objectives. Uniform and Project Specific Objectives form the basis for collection of data and quarterly performance reporting. Uniform Obiectives (Mandatory, copy as worded for the program area addressed and include all appropriate questions. Include Objectives from only 1 program area, Objectives from a different program area could be included as Project Specific Objectives). Implement and upgrade Automated Fingerprint Identification Systems (AFIS) and purchase supporting livescan equipment. (Reference: Action Step 5 in the CJRI Plan.) Part 1-During this reporting period. did you order AFIS equipment? Please describe in the report narrative. 15C.10 I'art 2- During this reporting period. did you install and test equipment? Please describe YIN in the report narrative. Part 3-During this reporting period, did AFIS equipment become operational? Piease describe in the report narrative. In this narrative, please also indicate how many fin er rints au rocessed usin AFIS e ui ment durin this eriod. FDLE Bvrne FOI'mula Grant Application Package Grant Application Section 11 - Page 7 OCJG - 005 (rev. April 2004) Rule 110-9.006 I Edward B Application for Funding Assistance Florida Department of Law Enforcement me Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 4. Ac:tivity Implementation Schedule. Complete the Activity Implementation Schedule showing when activities in the Program Description will commence and how the project will pmgress. 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 aaainst this schedule. March 1. 2006 Auqust 31. 2006 Subgrant Period (Beginning Date - Ending Date) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar ADr Mav Jun Jul Aua SeD Submit Financial Reimbursement X X X Requests Submit Financial Closeout Package X Submit Quarterly Program Reports X X X Submit Quarterly PGI Reports (If applicable) Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 15C.10 Implement and upgrade Automated Fingerprint Identification X X X X X X System (AFIS) and purchase supporting livescan equipment. FDLE Byrne Formula Grant Application Package Rule 110-9.0015 Grant Application Section 1/ - Page 8 OCJG - 005 (rev. April 2004) I Edward B Application for Funding Assistance Florida Department of Law Enforcement me Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. b. Enter the amount of federal, matching, and total funds by budget category that you will use to support project activities. Enter dollar amounts only in appiicable categories based on totals from the Budget Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total Budget. c. Show all figures rounded to the next highest dollar; do not include cents. (Example $4,505.25 as $4,506). Type (Ir Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And Benefits NONE NONE NONE Contractual Services NONE NONE NONE Expenses NONE NONE NONE Operating Capital Outlay $57,646 $19,216* $76,862 Indirect Costs NONE NONE Totals $57,646 $19,216* $76,862 NOTE: FDLE will provide the matching funds for this application. FDLE Bvrne Formula Grant Application Package Rule 11 D-9.0013 Grant Application Section J/ . Page 9 OCJG - 005 (rev. April 2004) I Edwa rd 13 Application for Funding Assistance Florida Department of Law Enforcement rne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 2. Bud et Narrative a. The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Indirect Costs). The Total Project Costs should be included. b. You must describe the line items for each applicable budget category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. Continue on additional a es if necessa . Budget Narrative: Salaries and Benefits: NONE Contractual Services NONE Expenses: NONE Operating Capital Outlay: $76,862 The Monroe County Sheriffs Office will purchase two Livescan Workstations, at a cost not to exceed $76,862. Indirect Costs: NONE TOTAL: $ 76,862 FDLE Bvrne FClrmu/a Grant Application Package Grant Application Section II-Page 10 OCJG - 005 (rev. April 2004) Rule 110-9.006 c::: 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), impiementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section, Upon approval of this subgrant, the approved appiication and the following terms of conditions will become binding. Failure to comply with provisions of th is agreement wili 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 Sulogrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and Byrne Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 11D-9, Edward Byrne Memorial State and Local Law Enforc:ement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21 , A-110, A-102, A-122, A-133, A-87, as applicable; E.O.12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug-free Workplace. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the generai principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMS Circular A-87, "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- 110, or OMS Circular A-102, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, by February 1, May 1, August 1 , and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also Identify problems with project implementation and address actions being taken to resolve the problems. Other Reports: Thl3 recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. FDLE Byrne Formula Grant Application Package Grant Application Section If- Page 11 OCJG - 005 (rev. April 2004) Rule 11 D-9.OOS r= Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program b. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shall be submitted. A finai Project Expenditure Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to the Department within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (,!) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCGJ). A subgrant recipient shall submit either monthly or quarterly project expenditures in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. P) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. (4) Before the "final" project expenditure request will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to compiy with the above provisions shall result in forfeiture of reimbursement. (5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item g, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as amended), U.S. Department of Justice Common Rule for State and Local Governments, and feclerai Office of Management and Budget's (OMB) Circulars A-21, A-8?, and A-110, or A-102 as applicable, in their entirety. c. All funcls 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. FDLE Byrne Formula Grant Application Package Grant Application Section 11- Page 12 OCJG - 005 (rev. April 2004) Rule 110-9.006 c:: Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 6. Obligation of Subgrant Recipient Funds Subgl"ant 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. Advan,;e Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department. This request, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/g0-day need for cash based on the budgeted activities for the period. 8. Travel and Training a. All travei expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. b. The cost of all travel shall be reimbursed according to iocal regulations, but not in excess of provisions in Section 112.061, Florida Statutes. c. Alii bills for any travel expenses shall be subm itted according to provisions in Section 112.061, Fiorida Statutes. 9. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). 10. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. ,o,pproval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 11. Propertll 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. Th,e subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMS Circular A-110 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. FDLE Byrne Formula Grant Application Package Grant Application Section 11- Page 13 OCJG - 005 (rev. April 2004) Rule 11 D-g.OOe c= Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 12. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110 or A-102, as applicable. 13. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 14. Publication or Printing of Reports The subgrant recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOH:: This excludes press releases, newsletters, and issue analysis.) "This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 15. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federai OMB Circular A-133 and other applicable federal law. The contract for this a~lreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncom pliance with federal laws and regulations. FDLE Byrne Formula Grant Application Package Grant Application Section If - Page 14 OCJG - 005 (rev. April 2004) Rule 110-9.006 c:: Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. /n this case, wl"itten 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 Phil/ips 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 subgrCInt recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 17. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to the Department indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to the Department, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. 18. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign FDLE Byrne Formula Grant Application Package Grant Application Section /1- Page 15 OCJG - 005 (rev. April 2004) Rule 11 D-9.006 c:: Application for Funding Assistance Florida Department of Law Enforcement Edward B:yrne Memorial State and Local Law Enforcement Assistance Formula Grant Program or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: ('1) Supplies or services to be furnished by the consultant were obtainable from other sources, (:2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the 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. Written Approval of Changes in this Approved Agreement Subgmnt recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative num ber of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category. ) d. Under no circumstances can transfers of funds increase the total budgeted award. 20. Dispute,s 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 cierk). 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. FDLE Bvrne Formula Grant Application Package Grant Application Section II - Page 16 OCJG - 005 (rev. April 2004) Rule 110-9.006 c= Application for Funding Assistance Florida Department of Law Enforcement Edward B'yrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 21. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U,S. Department of Justice, or the Auditor General of the State of Florida, have 'the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 22. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shali have access to books, documents, papers and records of the subgrant re,cipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 23. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 24. Signature Authority The Subgrant Recipient Authorizing Officiai 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 individuais have authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 25. Delegatiion of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 26. Personnlel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 27. Backgmund Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. FDLE Byrne Formula Grant Application Package Grant Application Section II ~ Page 17 OCJG - 005 (rev. April 2004) Rule 11 D-9.006 c:: Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program a. A.II positions in programs providing care to ch ildren, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations sllall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 28. Drug Court Projects a. A Drug Court Project funded by the Byrne Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow- up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 29. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 30. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968,42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and FDLE Byrne Formula Grant Application Package Grant Application Section fI- Page 18 OCJG - 005 (rev. April 2004) Rule 110-9.006 c:= Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 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 ttley 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 governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded d,evelopment or operation of a criminal intelligence system. 31. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. 32. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a pr,erequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of thE! Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. FDLE Byrne Formula Grant Application Package Grant Application Section 11- Page 19 OCJG - 005 (rev. April 2004) Rule 110-9.006 I Edward EI Application for Funding Assistance Florida Department of Law Enforcement me Memorial State and Local Law Enforcement Assistance Formula Grant Program d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, nationai origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 33. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law" 01-336, 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 lit), and telecommunications (Title IV). 34. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a vioiation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the I\\IA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 35. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the 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 100-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) resuit in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 36. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's ResponSibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. FDLE Byrne Formula Grant Application Package Grant Application Section II . Page 20 OCJG - 005 (rev. April 2004) Rule 110-9.006 c:: Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 37. Fedeml Restrictions on Lobbying a. E:ach subgrant recipient agrees to comply with 28 CFR Part 69. "New Restrictions on Lobbying" and shail file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federaily appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or empioyee 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 ioan, 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 shail complete and submit the standard form, Disclosure of Lobbvinq Activities, according to its instructions. (3) The undersigned shail require that the language of this certification be included in award documents for ail subgrant awards at ail tiers and that all subgrant recipients shail certify and disclose accordingly. 38. State R'estrictions on Lobbying In addition to the provisions contained in Item 38, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 39. "Pay -to-Stay" Funds from this award may not be used to operate a "pay-lo-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 40. Mitigatlcm 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 assessmenVimpact statements as required under the National Environmental Policy Act. FDLE Bvrne Formula Grant Application PaCkage Grant Application Section II ~ Page 21 OCJG - 005 (rev. April 2004) Rule 11 D-9.00B c:: Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 I"esult in adverse health, safety and environmental impacts to (1) the law enforcement and other !;)overnmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. TherE,fore, 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 u:;e 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; <!. 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 com prehensive contamination report on each closed laboratory; 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and FDLE Byrne Formula Grant Application Package Grant Application Section 11- Page 22 OCJG - 005 (rev. April 2004) Rule 11 D-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 9. Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other chiidren present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking chiidren into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. 41. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 42. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.l. 97-348) dated October 19, 19B2 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 43, Enhanc,ement of Security Iffunds 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. 44. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership. lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 45. Flood Di,saster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public l_aw 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. Rule 11 D-9.006 Grant Application Section II ~ Page 23 DCJG - 005 (rev. April 2004) FDLE Byrne Formula Grant Application Package c::: Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 46. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 use 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 47. Omnibus Crime Control and Safe Streets Act The subgrantee will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 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, M71 00.1; and all other applicable State and Federal laws, orders, circulars, or regulations. 48. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. NO.1 07-77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of iocal government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the 9rantor. FOLE Byrne Formula Grant Application Package Rule 11 D-9.006 Grant Application Section 11- Page 24 OCJG - 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEECERTIRCATION I, the undelrsigned 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 onl~ of the following): xxx Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I allso affirm that the Subgrant Recipient. . . (Select one of the following): XXl!. _Has a Current EEO Plan Does Not Have a Current EEO Plan __Has included a copy of the current approval letter from the US OOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Subgrantee Authorized Official Type Name: Charles "Sonny" McCoy Title: Mayor oard of County Commissioners ~V Subgrant Recipient: Date: FDLE Byrne Formula Grant Application Package Grant Application Section 1/- Page 25 OCJG - 005 (rev. Apr; 12004) Rule 11 D-9.006 c: Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program IMPLEMENTING AGENCY CERTIFICA TlON I, the undElrsigned 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 followlng): XXX Meets Act Criteria _Does not meet Act Criteria I affirm th,at 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 __'s Included in the EEO Plan of the Subgrant Recipient. __Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan. federal law requires it to formulate, implement. and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. --~~;:~;2J ~j~1 O,'f<iuz.. -/!/ Signature of Implementing Agency Authorized Official Type Name: Richard D. Roth Name of Subgrant Recipient: Monroe County Board of County Commissioners Name of Implementing Agency: Monroe County Sheriffs Office Title: Sheriff Date: s/lloe. J j POLE Byrne Formula Grant Application Package Grant AppJ;~ation Section 1/ - Page 26 OCJG - 005 (rev. April 2004) Rule 110-9.006 Sheriff As per your request, enclosed find copy of Chapter Two of the Monroe County Sheriff's Office General Orders. Please note page 2: 1, when the Sheriff and Undersheriff are not available, command automatically succeeds to the Chief of DETENTION CENTERS, Administration (Michael Rice). Key West Oct. Center 5501 CoJlege Road Key We.<il, FL :13040 (305) 293-7300 FAX (305) 293-7353 SlltL<;TA.TIONS: JZreeman Sub.'I'tation 20950 Overseas Hwy. Cudjoe Key, FL 33042 (305) 745-3184 FAX (305) 745-3761 Marathon Substlltion 3103 Overseas Hwy. Matl:I.lhon. FL 33050 (305) 289-2430 FAX (305) 289-2497 IsJamorada Substation 87000 Overseas Hwy. lslamorada, FL 33036 (305) 853-7021 FAX (305) 853-9372 Roth Building 50 High Point Rd., Suite 100 Tavernier. F1.. :33070 (305) 853-31\ \ FAX (305) 853-3205 Marathon Del. Facility 3981 Ocean Terrace Marathon, FL 33050 (305) 289.2420 FAX (305) 289-2424 Pl3tatinn Oct. Facility 53 High Point Road Plantation Key, FL 33070 (305) 853-3166 FAX (305) 853-3270 SPECIAl, OPERATIONS P.O. BQ' 500975 Munl.thon, FL 33050 (305) 21W-241 0 FAX (305) 189.2498 AVIATION DIVISION 10100 Overseas Hwy. Mllt"'",uholl, FL 33050 (305) 289-2777 FAX (305) 289~2776 COMMllNtr..ATIONS 2796 Overseas Hwy. MCln.Lthon, FL 33050 (305) 2'9.2351 FAX (305) 289.2493 Monroe County Sheriff's Office fl?jchard'D. 1(oth, Sheriff 5525 Co[fege !ll..oaa Xly West, :Floriaa 33040 (305) 292-7000 :J5lX: (30S) 292-7070 1-800-273-COPS www.K!ysso.net May 9, 2006 David P. Owens, Grants Admin. County of Monroe 1100 Simonton St., Room 2-210 Key West, Florida 33040 Re: Signing Authority Dear Mr. Owens: I hope this is what you need, if for any reason it isn't, do not hesitate to contact mle'. ~ Val Marinello Sheriff's Aide Ene. q .')) ~ . Rnl ~ "). r> CHAPTER TWO OFFICE DIRECTION L PURPOSE The pllrpose of this Directive is to establish guidelines for Office Direction. II. DISCUSSION This Directive shall apply to all Sheriff's personnel. The Sheriff of Monroe County, Florida is charged with protecting the lives and properly of its citizens and guests. Naturally, there may be times when the Sheriff Is outsi,je the boundaries of Monroe County or may be otherwise incapacitated making it difficult for him to carry out the mandates of his Office. Therefore, to ensure that the Office will continue to function in an orderly fashion, the fol/owing system of succession is established to ensure that leadership is available when the Sheriff is incapacitated, oul of lawn, or otherwise unable to act. Procedures and policies have been e!,tablished to ensure accountabilitY of Supervisors, to resolve COnflicting orders, and to coordinate efforts and communication through staff meetings. In addition, policies have been established to define Authority & Responsibility and Unity of Command. III. POLICY AND PROCEDURE A. Order' of Succession In the event the Sheriff of Monroe County is incapacitated, off duty, out of town, or otherwise unabla to act, command shall automatically succeed In the following order, unless otherwise directed: 1. Planned absences a. Undersheriff b. Chief of Administration c. Designated Commander d. Commander of Corrections / 2. Exigenl circumstances - Where the Sheriff and Undersheriff. both are incapacitated or otherwise unable to act, command shall automatically succeed In the following order: a. Chief of Administration b. Commander of Corrections c. Commander of Crlmlnallnvestlgations e. The Undersheriff is responsible for the day to day operations of the Monroe County Sheriff's Office. C. Accountability In the areas of command, the Sheriff has appointed cerlain personnel 10 supervisory roles in order to . carry out the effective administration of his Office. These supervisory personnel are accountable for the performance of those under their immediate control. Effective direction, coordination, and control are required from each level of supervision within the Office. 2:1 c:: Application for Funding Assistance . Florida Department of Law Enforcement Edward lByrne 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 agmement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: ClJ)~ {.j. U1dA~ Typed Name and Title: Cia ton H. Wilder Communit Pro ram Administrator .5'- ~3 -D (p Date:. nt Board of Count Commissioners Signature: Typed Name and Title: Charles "Sonnv" McCov. Mavor ~,h-v /0 V Date: Typed Name of Impie - Signature: ency: Monroe County Sheriffs Office Typed Name and Title: Date: ~~~~ Richard D. Roth. Monroe County Sheriff FDLE Bvrne Formula Grant Application Package Grant Application Section /I - Page 27 OCJG - 005 (rev. April 2004) Rule 110.9.006