Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Backup Documents 06/08/2010 Item #16J3
16J 3 MEMORANDUM Date: June 8, 2010 To: Susan Golden, Grant's Coordinator Collier County Sheriffs Dept. From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Certificate of Participation — Edward Byrne Memorial Justice Assistance Grant (JAG) Program Enclosed please the original of the document, as referenced above (Agenda Item #16J3), approved by the Board of County Commissioners on Tuesday, June 8, 2010. If you should have any questions, please contact me at 252 -7240. Thank you. Enclosure 16,E 3 RECEIVED JUN 0 8 2010 MEMOHeard of County Commissioners To: Sam Tucker, Executive Aide From: Susan Golden, Grant Coordinator Subject: Chairman's Signature on 6/8/10 agenda item Date: June 8, 2010 The attached was approved on today's consent agenda - -Item 16.J.3. The agenda item requires the Chairman's signature or signature stamp on the attached "Certificate of Participation" in order to apply to FDLE for Byrne /JAG grant funding. A signed Certificate of Participation must be mailed to Tallahassee before the end of the week. Once Chairman Coyle has signed the attached, please contact me at 793 -9346 and I will pick up the form. Thank you. i� � 11 AGENDA TRANSMITTAL SLIP 1 Date Submitted: 5/1912010 Requested Agenda Date: 6/8/2010 16J 3 Agenda Item APPROPRIATE HEADING CIRCLE ONE 2 Pledge of Allegiance 3 Approval of Agenda and Minutes 4 Proclamations 5 Presentations 6 Public Petitions 7 Board of Zoning Appeals 8 Advertised Public Hearin s 9 Board of County Commissioners 10 Coun Manager's Report ❑ (11) To '1L Public Comments on General ❑ (12) County Attorney's Report (13) Other Constitutional Officers (14) Airport Authority (15) Staff and Commissioner General Communications X 06) Consent Agenda ❑ 17 summary Agenda I y) pp Reviewed by: Requested by: � t: .- ^� =l,l_ � Date:5 /18/10 � I ( � Carol Golightly, Finance Dirctoli Colleen Greene, Assistant County Attorney Division Head: Item Title: List of Documents Attached: 1. Executive Summary (required) 3. 5. Date: 5/19/10 County Manager: 2. Certificate of Participation 4. 4NFW[i1V "tii'. Date: Date: 16J 3 EXECUTIVE SUMMARY Recommend that the Board of County Commissioners serve as the local coordinating unit of government for the Florida Department of Law Enforcement's Federal Fiscal Year 2010 Edward Byrne Memorial, Justice Assistance Grant (JAG) Countywide Program and authorize the Chairman to execute the Certification of Participation, designate the Sheriff as the official applicant, Sheriffs office staff as grant financial and program managers, approve the grant application when completed, and authorize acceptance of awards and associated budget amendments. OBJECTIVE: To seek appointment of the Collier County Commission as the local coordinating unit for Federal Fiscal Year 2010 Edward Byrne Memorial, Justice Assistance Grant (JAG) Countywide Program and authorize the Chairman to execute the Certificate of Participation, designate the Sheriff as the official applicant, Sheriffs Office staff as grant financial and program managers, approve the grant application when completed, and authorize acceptance of awards and associated budget amendments. CONSIDERATION: The Collier County Commission has participated in Edward Byrne Memorial JAG projects for over 20 years. Federal Fiscal Year (FFY) 2010 JAG Countywide Program allocation for Collier County is $175,353. Board approval is needed for the Collier County Commission to continue in the capacity of local coordinating agency. The Sheriff's Office will prepare a grant application to utilize the $175,353 JAG Countywide allocation to continue the Child Abuse /Sexual Offender /Sexual Predator Program. The Sexual Predator program is a comprehensive initiative to safeguard the community with a primary focus on protecting children from sexual predators and offenders. The grant will support the salaries and benefits of one detective /investigator and one computer forensic analyst and associated training and project costs. Board approval is needed for the Commission to act as the coordinating unit; execute the Certificate of Participation; approve the Sheriff as the official applicant; the CCSO Finance Director as the grants' chief financial manager; the CCSO Grants Coordinator as the grant contact person and grant program manager; approve the grant application when completed; and authorize acceptance of the awards and associated budget amendments. FISCAL IMPACT: There are no fiscal impacts and no local required match. GROWTH MANAGEMENT: This request has no impact on the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners serve as the local coordinating unit of government for the Florida Department of Law Enforcement's Federal Fiscal Year 2010 Edward Byrne Memorial, Justice Assistance Grant (JAG) Countywide Program and authorize the Board Chairman to execute the Certificate of Participation, designate the Sheriff as the official applicant, Sheriff's office staff as grant financial and program managers, approve the grant application when completed, and authorize acceptance of awards and associated budget amendments. PREPARED BY:�� Carol Golightly, Finance' , lrector APPROVED BY: F—° —� Kevin am osk, eriff vpproved as to form & legal sufficiency DATE: May 18, 2010 Colleen Gr6ene, .Assistant County Attorney CERTIFICATE OF PARTICIPATION Edward Byrne Memorial Justice Assistance Grant (JAG) Program Mr. Clayton H. Wilder Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: 16J 3 This is to inform you that the Board of County Commissioners Accepts xx Declines — the invitation to serve as the coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of our application(s) for grant funds with the Office of Criminal Justice Grants, we have designated the following person: Name:_ Susan Golden Title: Grant rnnrdj natnr E-mail address: Susan. Golden@_col 1 iersheri f o g Agency: 0011 i or (•nnni-y cherif£' i 9ff}66 Address: 3301 Tamiami Trail East, Bldg J -1 Naples FL 34112 Telephone: z -j9_7g -j_A346 County: collier Date: a>}Re- @,2010 Sincerely, Chair, Board of County Commissioners ORIGINAL DOCUMENTS CHECKLIST & ROUTING JkJ 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Bowd Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines kl through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the excentlon of the Chairman's denature_ draw a line through ..main- line, M I Ihr... A e4 .... tun Into eho oh—teh t ,.,a f 'avnrd ,.. C... Caon.. n:..o No Route to Addressee(s) (List in routing order Office Initials Date 1. _ Applicable) 2. June 8, 2010 Agenda Item Number 164 7,2 3. Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 4. Jennifer B. White, Assistant County Attorney County Attorney d' 06/28/10 5. Ian Mitchell, BCC Supervisor Board of County Commissioners Documents Attached fP12 e� /O 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item. Name of Primary Staff Susan Golden Phone Number 774 -4434 Contact _ Applicable) Agenda Date Item was June 8, 2010 Agenda Item Number 164 7,2 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document JAG Application Number of Original 3 Attached County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully Documents Attached INSTRUCTIONS & CHECKLIST 1'. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 a matter_numbem /odocument_number>> Initial the Yes column or mark "N /A" in the Not Applica fe column, whichever is appropriate. Yes N/A (Not (Initial) Applicable) L Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the JBW Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances. resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and N/A all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or JBW the final negotiated contract date whichever is applicable. 4. "Sign here" tabs,are placed on the appropriate pages indicating where the Chairman's signature and JBW initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be N/A provided to Sue Filson in the BCC oil-ice within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of vour deadlines! 6. The document was approved by the BCC on 06/08/10 and all changes made during the meeting .IBW have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1'. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 a matter_numbem /odocument_number>> 16J3 1 MEMORANDUM Date: June 28, 2010 To: Susan Golden, Grant's Coordinator Collier County Sheriffs Dept. From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Signed 2010/2011 Byrne /JAG Grant Application providing funds to continue the Child Abuse/ Sexual Offender /Sexual Predator Program Attached is the original grant document referenced above, (Item #16 .13) approved by the Board of County Commissioners on June 8, 2010. A copy of the completed application will be held in the Board's Official Records in the Minutes & Records Department. If you have any questions, please contact me at 252 -8406. Thank you. Attachment ITEM NO: O V.{.� Mn(i 16 DATE RECEIVED: FILE NO.: t. IL ROUTED TO: �W \,.J �. �I !l y� iii• �.�: DO NOT WRITE ABOVE THIS SPACE ;, REQUEST FOR LEGAL SERVICES` (Please type or print) Date: June 24, 2010 \�A To: Office of the County Attorney, Attention: Colleen Greene, Esa From: Carol Goliahtly Finance Director (Name) (Title) Sheriff's Office Finance Division (Division) (Department) Re: Follow -up to Byrne /JAG Countywide grant application Certificate of Participation approved at BCC mtg June 8, 2010. Request approval of grant application legal documents for Chairman Coyle's signature. (Subject) BACKGROUND OF REQUEST /PROBLEM: (Describe problem and give background information - be specific, concise, and articulate). On June 8, 2010, the BCC approved Agenda Item 16.J.3 signing a Certificate of Participation for the Byrne /JAG Countywide grant application. The $175,353 grant to continue the Child Abuse /Sexual Offender /Sexual Predator program is complete but requires the Chairman's signature on three different forms. Please review the required application forms 1. Application for Funding Assistance; 2. Certification Form for EEOP; and 3. Certification re: Lobbying, Debarment, Drug Free Workplace, etc. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). THIS ITEM HAS /HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) Initial item for 6 /8/10 BCC mtg 10 -shf -00097 (See attached) ACTION REQUESTED: to (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of documents. \ �, OTHER COMMENTS: C: Kevin Rambosk, Sheriff All requests must be copied to your appropriate Division Head Or Constitutional Officer. SHERIFF KEVIN J. RAMBOSK 16 J 3 Collier County Sheriff's Office INTEROFFICE MEMORANDUM TO: Chairman Fred Coyle Board of County Commissioners FROM: Susan Golden Grants Coordinator DATE: June 24, 2010 RE: Justice Assistance Grant Application Attached please find the completed 2010 -2011 Byrne /Justice Assistance Grant (JAG) Countywide grant application. At the June 8, 2010 BCC meeting, the Board agreed to serve as the local coordinating unit of government for the Florida Department of Law Enforcement JAG Countywide grant and to approve the application when completed. This request was Agenda Item 16.J.3. As Chairman, your signature is needed where indicated in the attached grant submittal. The JAG Countywide application is for $175,353 to continue the Child Abuse /Sexual Offender /Sexual Predator program. The funds will be used to pay the salary and benefits of one Detective and one Computer Forensic Analyst. This grant application must be sent to FDLE by Wednesday, June 30, 2010. Please contact me at 793 -9346 as soon as the attached is signed and ready for pick -up, or if you have any questions. Thank you for your prompt attention to this request. g3oi Tmiiiami'Frail East Bldg. J, Naples, F1, 34112 -4902 phone • 239. 774.4431 ;( collier,hcriff.org .��. Application for Funding Assistance 1 b J 3 Florida Department of Law Enforcement Justice Assistance Grant - County -wide ouogrant Kecipient Organization Name: Collier County Board of Commissioners County: Collier Chief Official Name: Fred Coyle Title: Chairman Address: 3301 Tamiami Trail East 239- 252 -2745 Ext: Building F City: Naples State: FL Zip: 34112 Phone: 239 - 774 -8393 Ext: Fax: 239 - 774 -3602 Email: FredCoyle @colliergov.net Chief Financial Officer Name: Dwight Brock Title: Clerk of the Circuit Court Address: 3301 Tamiami Trail East City: Naples State: FL Zip: 34112 Phone: 239- 252 -2745 Ext: Fax: 239 - 252 -2755 Email: Dwight.Brock @collierclerk.com 16J3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Implementing Agency Organization Name: Collier County Sheriff's Office County: Collier Chief Official Name: Kevin Rambosk Title: Sheriff Address: 3301 Tamiami Trail East, City: Building J City: Naples State: FL Zip: 34112 -4902 Phone: 239- 793 -9203 Ext: Fax: 239 - 793 -9405 Email: grants @colliersheriff.net Project Director Name: Kenneth Becker Title: Sergeant Address: 3301 Tamiami Trail East City: Naples State: FL Zip: 34112 Phone: 239- 793 -9169 Ext: Fax: 239 - 793 -9104 Email: svbsgt @colliersheriff.net 16J3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Project Information Project Title: COLLIER COUNTY CHILD ABUSE /SEXUAL OFFENDER /SEXUAL PREDATOR Subgrant Recipient: Collier County Board of Commissioners Implementing Agency: Collier County Sheriffs Office Project Start Date: 10/1/2010 End Date: 9/30/2011 Problem Identification The problem to which this project is responding is the safety of Collier County residents, with a primary focus on protecting children under the age of eighteen (18) from registered sexual predators /sexual offenders and from sexual offenses by known and also unknown criminal offenders. The transient nature of sexual predators and sexual offenders has increased the known population of registered offenders and predators and the number of undocumented, out -of -state sex offenders and predators. The continued population growth and often transient nature of predators and offenders also increases the opportunities for this type of crime against children. Under Florida Statute, while all sexual predators constitute ?sexual offenders ?, not all sexual offenders constitute ?sexual predators ?. The Legislature finds that sexual predators and sex offenders who have committed their offenses against minors often pose a higher risk of engaging in sex offenses, even after being released from incarceration or commitment. Since an offender presents a high level of threat to public safety, coupled with the long -term effects suffered by victims of sex offenses, the State has justification to implement specific strategies to protect all citizens from sexual offenders. Sex offenders and sexual predators look for opportunities that would take advantage of their victim ?s vulnerability, regardless of the age of the victim. While adults may have the ability to protect themselves from being placed in precarious situations, children are extremely susceptible and need additional protection to keep them safe. With FDLE maintaining the state database for registered sex offender /predators, and verifying addresses via mail- drops, the Collier County Sheriff ?s Office (CCSO) is tasked with conducting physical checks of offender residential status. The number of registered sex offenders fluctuates as individuals move into or out of the county. In April 2010 there were 200 registered sex offenders and 16 sexual predators registered in Collier County. On June 10, 2010 there were 195 registered sex offenders and 17 sexual predators registered in the county. CCSO has routinely encountered individuals (out of area sex offenders) within Collier County who have either failed to register, or have not been specifically designated by the court as a sex offender. Current strategies for tracking and monitoring sex offenders and predators are based on information documented from prior arrests. One of the problems that will be addressed with this grant funding is locating offenders who are living in remote areas, or who constantly move from one area of the county to another. As with many offenses there are offenders who have yet to have been arrested and identified residing in our county. Statistics have shown that many sex offenders commit 100 -150 sex related offenses before being apprehended. The CCSO desires to maintain a progressive and proactive response, pursuing yet to be identified offenders and reducing recidivism of currently identified sex offenders. The CCSO ?s specialized detective bureau designated to be responsible for all reported Application for Funding Assistance 16J3 Florida Department of Law Enforcement Justice Assistance Grant - County -wide crimes against children, missing children, sexual battery (adults and children) and this Child Abuse /Sexual Offender /Predator Grant, is the Special Victims Unit and the Exploitation Unit. Funds are needed to maintain the current American Recovery & Reinvestment Act (ARRA) Byrne /JAG Child Abuse /Sexual Offender /Predator Detective position and one Forensic Crime Analyst position that will end on September 30, 2010. The Special Victims Unit (SVU) and Exploitation Unit ?s (EU) responsibility covers child crimes investigations and offender tracking county -wide. Collier County is the largest county in Florida at 2,025 square miles. The 2009 year -round population was estimated at 333,032 with an increase in ?season? to approximately 398,438. As the population has increased in recent years, we have also seen an increase in child abuse, sexual offender, and sexual predator related cases. According to 2008 Census estimates children under 5 account for 6.3 % of population with persons under 18 accounting for 20.4 percent of total population. The overall goal of the Special Victims Unit and Exploitation Unit is to develop uniform and consistent responses to crimes against children and sex crimes; as well as to proactively seek methods for preventing victimization. With a focus on community, safety and service, the SVU /EU Units have enhanced their efforts of conducting periodic checks, monitoring and surveillance of sexual offenders /predators before they attack again in an effort to prevent further offenses against children. This increased due diligence in enforcing Florida ?s laws will likely increase the number of arrests, and, therefore, the number of individuals involved in sex offender tracking. These perpetrators by virtue of later convictions will be registering as sexual predators and sex offenders; resulting in an increase in the volume of monitoring cases. The Special Victims Unit and Exploitation Unit ?s number of cases assigned per month is consistently increasing in comparison to other investigative bureaus. Overall SVU and EU have seen the following case loads and increases: 2004 cases: 1,035 2005 cases: 1,347 2006 cases: 1,702 2007 cases: 1,824 2008 cases: 2,639 2009 cases: 2,452 Cases per month: 86 /month Cases per month: 112 /month Cases per month: 142/month Cases per month: 152 /month Cases per month: 220 /month Cases per month: 204 /month Crimes where children are the primary victims constitute a greater proportion of investigative cases and involve every form of abuse and neglect imaginable. In addition, children that run away from home, are abandoned, considered ungovernable or unwanted can easily fall prey to sex offenders and predators. These complicated and often protracted case investigations outweigh the number of agency Detectives dedicated to general crimes and other investigative efforts, which in the past limited the amount of time that could be dedicated to this critical issue. Edward Byrne Memorial Justice Assistance Grant (JAG) countywide funds are needed to maintain one Detective and one Computer Forensic Analyst to provide much needed coverage on cases dedicated to the investigation, apprehension, and prosecution of sex offender /predators /investigation of child crimes. To continue supporting this initiative and increase the positive outcomes of this program, grant funds are sought in the Application for Funding Assistance 16 J 3 Florida Department of Law Enforcement Justice Assistance Grant - County -wide amount of $175,353 for payroll costs associated with two persons dedicated to protecting children throughout this geographically large and diverse county. Project Summary The Collier County Sheriff? Office (CCSO) proposes to increase its efforts with the enhancement and expansion of the Child Abuse /Sexual Offender /Sexual Predator project to protect the lives of children under the age of 18 and improve interactions and multi - disciplinary approaches with other aspects of the criminal justice system. The CCSO proposes to continue the CCSO Child Abuse /Sexual Offender /Sexual Project with $175,353 to maintain one Detective and one Computer Forensic Analyst position. The Detective assigned to the grant will implement, maintain and coordinate the enforcement of child abuse and neglect laws, including laws against child sexual abuse, and promoting programs designed to prevent child abuse and neglect. The Computer Forensic Analyst will be able to provide the technical knowledge and expertise to find and identify documents, photos and other evidence obtained from computers, phones and other electronic devices used by the perpetrators. The primary objective of this project is to safeguard the entire Collier County community, with a primary focus on protecting children from sexual predators and offenders while reducing overall crimes against children. Each case requires a different amount of time and resources. Grant funds will be utilized and expended to the maximum degree possible toward the development of strategies and improved methods of targeting sexual offender and sexual predator committing crimes against children. The CCSO grant funded Detective and Computer Forensic Analyst and other members of the SVU and EU will coordinate with the State Prosecutor in criminal prosecutions of these cases. With Collier County ?s rapid growth has come an increase in offenders and predators. The current sexual offender /sexual predator Detective conducts nearly 300 address verifications and attempted contacts each quarter. During the first quarter of 2010, there were: 187 physical contacts and address verifications with OFFENDERS; 38 attempted contacts with OFFENDERS; 53 physical contacts and address verifications with PREDATORS; and 6 attempted contacts with PREDATORS. The grant funded Detective will perform and investigate address verifications as required by law, as well as surveillance of offenders likely to commit specific acts that might constitute a violation of their community control /probation. Continued funding will allow for the Detective to survey areas where undocumented sex offenders prey upon children whose likely convictions would qualify the offender to register as a sexual offenders /predator. The Detective will also serve as liaison with the Department of Corrections (DOC) and other law enforcement agencies (local, state and federal) to identify movements of offenders, who might not be registered in Collier County, as they move between jurisdictions. The Detective will prepare material for the training of CCSO Deputies on the laws and requirements pertaining to sex offenders /predators, resulting in expanding the potential for apprehension and prosecution of offenders committing crimes against children in Collier County. A large component of the grant project will be continued public awareness. The CCSO website www.colliersheriff.org has a Stay Safe link to information regarding sexual predators /offenders and news regarding sexual predators on the move. The www. Application for Funding Assistance 1 6 J 3 Florida Department of Law Enforcement Justice Assistance Grant - County -wide colliersheriff.org website provides a link to FDLE ?s Sexual Offenders and Predators search site, current photos of known offenders and predators in Collier County, and safety tips for parents and children. Under this grant project, CCSO will continue to enhance public awareness through public service announcements, radio talk shows, newspaper articles, presentations and visits with Neighborhood Watch groups, and public presentations as resources allow. Efforts will continue to focus on ideas to help children and families stay safe such as Internet child safety guides, programs that equip adults with skills needed to keep their children safe, a publication with a list of questions to ask prospective child care givers, child safety public service announcements, and monthly child safety tips. Given the continued loss of local revenue, reduction in overtime and grant funds, CCSO will continue to strive to conduct a minimum of three (3) joint operations (DOC Compliance Initiatives) with the Florida Department of Corrections (DOC) Probation Department in which offenders are verified for addresses and adherence to probation and community control obligations. CCSO is dedicated to doubling the state ?s mandated address verifications to ensure adequate protection of our children. CCSO will continue to check offenders and predators four times more often than required by Florida law. Through grant support and other resources, sex offenders will be checked quarterly rather than annually, and sexual predators will be checked monthly rather than quarterly. 16J3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: Yes Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: Yes Application for Funding Assistance 1 v J 3 Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 - Law Enforcement Programs State Purpose Area: A - State /Local Initiatives - Coordinate /Organize Local Initiatives /State Initiatives Activity Description Activity: Law Enforcement Target Group: Sex Offenders Geographic Area: Urban Location Type: Sheriff Office Objectives and Measures Objective: 02.A.SI - Number of new local initiatives planned Measure: Part 1 Number of new local initiatives planned Goal: 1 Measure: Part 2 Number of new local initiatives to be implemented Goal: 1 Objective: 58.A.SI - Number of existing local initiatives Measure: Part 1 Will this grant continue a local initiative that was begun with any other funding source, including a prior year's grant? Goal: Yes State Purpose Area: B - Training - Conduct Training for Criminal Justice System Staff Activity Description Activity: Training (SPA B) Target Group: Training (SPA B) Geographic Area: Urban Location Type: Sheriff Office Address(es) : Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Collier County Sheriffs Office 3301 Tamiami Trail East Building J Naples, FL 34112 Objectives and Measures Objective: 11.B.Sl - Percent of staff who completed training Measure: Part 1 Number of individuals to participate in training Goal: 35 Measure: Part 2 Number of individuals to complete the training Goal: 35 16J3 Measure: Part 3 Number of individuals to be trained during the grant period who will report training as useful Goal: 35 Measure: Part 4 Number of individuals who will report an increase in skills Goal: 35 Measure: Part 5 Number of individuals who will report an increase in knowledge Goal: 35 Objective: 13.B.SI - Amount of award expended on training Measure: Part 1 Amount of award to be expended to provide training Goal: $0.00 State Purpose Area: D - Personnel - Employ Personnel Activity Description Activity: Personnel Target Group: Personnel Geographic Area: Urban 16J3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Location Type: Sheriff Office Address(es) : Collier County Sheriffs Office 3301 Tamiami Trail East Building J Naples, FL 34112 Objectives and Measures Objective: 22.D.SI - Number of new personnel funded with JAG funds Measure: Part 1 Total number of existing personnel to be paid by all OTHER (not JAG or Recovery JAG funding) during the grant period. Goal: 25 Measure: Part 2 Number of new personnel to be funded during the grant period Goal: 0 Measure: Part 3 Number of personnel to be retained with funding from this grant. Goal: 2 Measure: Part 4 Total number of new personnel to be hired with all OTHER sources (not JAG or Recovery JAG funding) during the grant period. Goal: 0 Objective: 23.D.SI - Number of overtime hours paid with JAG funds Measure: Part 1 Number of overtime hours to be paid with JAG funds Goal: 17 Objective: 53.D.SI - Type of retained personnel paid with JAG funds Measure: Part 1 Number of retained law enforcement personnel to be paid with JAG funds Goal: 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide State Purpose Area: GEN - General Questions Activity Description Activity: General Questions Target Group: General Questions Geographic Area: Urban Location Type: Sheriff Office Address(es) : Collier County Sheriffs Office 3301 Tamiami Trail East Building J Naples, FL 34112 Objectives and Measures 16J3 Objective: 45.GEN.BT - Percent change in number of individuals arrested in a targeted group by crime type Measure: Part 1 Number of individuals (by related crime) to be arrested for the targeted crime Goal: 60 Measure: Part 2 Estimated number of individuals to be arrested for the targeted crime during each reporting period Goal: 15 Objective: 46.GEN.BT - Expected change in arrests Measure: Part 2 We expect the number of individuals arrested to increase as a result of our efforts Goal: Yes Objective: 56.GEN.BT - Type of crime targeted Measure: Part 5 Will this project target a crime other than homicides, forcible rapes, robberies, or aggravated assaults? Goal: Yes Application for Funding Assistance 16 J 3 Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: Activities will occur countywide Question: If 'other" was selected for location type, please describe. Answer: N/A Application for Funding Assistance 16J3 Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Monthly Is the subgrantee a state agency ?: No FLAIR / Vendor Number: 596000558 Budget: Budget Category Federal Match Total Salaries and Benefits $175,353.00 $0.00 $175,353.00 Contractual Services Expenses Operating Capital Outlay Indirect Costs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 C% M $0.00 -- Totals -- $175,353.00 $0.00 $175,353.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative: Salaries and Benefits $175,353: Regular base salary for 1 Detective positior Incentive = $1,440 FICA @ 7.65% = Not charged to the grant Retirement @ 23.92% 10/1 /10 thru 6/30/11 Health /Dental Insurance = $14,931.60 Life /Dis. @ 0.27% _ $155.13 W/C @ 4.39% = Not charged to the grant _ $57,456.34 16,13 & 29.86% 7/1/11 thru 9/30/11 = $15,201.73 Total Salary and Benefits for 1 Detective position = $89,184.80 Funds are needed to support payment of the salary and benefits for one Child Abuse /Sexual Offender /Sexual Predator Certified Deputy who will be 100% dedicated to grant project activities. The grant funded Deputy will be solely dedicated to the investigation, apprehension, and prosecution of sexual offender and sexual predator criminals who are committing crimes against children under the age of 18. This Deputy is needed to do periodic checks, to monitor and perform surveillance of sexual offenders /predators. The salary for the grant funded Deputy is $58,896.34. Benefits charged to the grant are listed above and total $30,288.46. The Deputy will be responsible for performing and investigating address verifications as required by law as well as surveillance of offenders committing acts that qualify the individual to be registered. The Deputy will also serve as a liaison with other law enforcement agencies to identify movements of offenders between jurisdictions who might not be registered in Collier County. The Deputy would train other agency Deputies on offender laws and requirements resulting in expanding the potential for apprehension and prosecution of additional offenders committing crimes against the children of Collier County. Regular base salary for 1 Computer Forensic Analyst position = $55,137.86 Incentive pay = $960. FICA @ 7.65% = Not charged to the grant Retirement @ 23.92% 10/1 /10 thru 6/30/11 Health /Dental Insurance = $14,613.84 Life /Dis. @ 0.27% _ $148.87 W/C @ 4.39% = Not charged to the grant & 29.86% 7/1/11 thru 9/30/11 = $14,483.86 Total Salary and Benefits for 1 Computer Forensic Analyst position = $85,344.43 Funds are needed to support payment of the salary and benefits for one Child Abuse /Sexual Offender /Sexual Predator Computer Forensic Analyst who will be 100% dedicated to grant project activities. The grant funded Analyst will be solely dedicated to the investigation of sexual offender and sexual predator criminals who are committing crimes against children under the age of 18. This Computer Forensic Analyst is needed to provide technical expertise in the collection and preservation of evidence, examine computer, cellular phones and other technology, disseminate forensic test results, operate and maintain electronic equipment and technology and aid in investigations of sexual offenders and predators. The salary for the grant funded Deputy is $56,097.86. Benefits charged to the grant are listed above and total $29,246.57. Overtime for Child Abuse /Sexual Offender /Sexual Predator team members = $823.77 ' Application for Funding Assistance 16J3 Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative (Continued): No overtime benefits will be charged to the grant. Total Salary for Overtime = $823.77 The extremely limited Overtime Salaries will be for the grant funded positions or other members of the Special Crimes Bureau Deputies needed to cover Child Abuse /Sexual Predator /Sexual Offender cases. Contractual Services: $0 Expenses: $0 Operating Capital Outlay: $0 Indirect Costs: $0 TOTAL = $175,353 Application for Funding Assistance 16 J 3 Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: 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 previous Byrne program? Answer: There is no new net personnel increase. The two Byrne funded positions are a continuation of previously funded positions. Question: If benefits are to be included, are they reflected in the budget narrative? Answer: Yes Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: $1,000 Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: Not Applicable Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: Not Applicable Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide I Section 5: Standard Conditions Insert Standard Conditions Page here. 16J3 163 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Standard Conditions Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) (http: / /www.oip. usdo i.aov /financialnuide / index.htm) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance ( http: // www. oip .usdoi.gov /BJA/grantt*ag.htmi) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: • Florida Administrative Code, Chapter 11D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program ": httpsWwww.flrules.org1 Office of Management and Budget (OMB) Circulars: http: //www.whitehouse.gov /omb /circulars • A -21 (2 CFR 220), "Cost Principles for Educational Institutions" • A -87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" • A -102, "Grants and Cooperative Agreements with State and Local Governments" • A -110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" • A -122 (2 CFR 230), "Cost Principles for Non - Profit Organizations" • A -133, "Audits of States, Local Governments, and Non- Profit Organizations" Code of Federal Regulations: http: // www .qpoaccess.gov /cfr /index.htmi 0 28 CFR 38, "Equal Treatment for Faith -Based Organizations" 0 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) 0 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" 0 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63 • Public Law 109 -162, Title XI— Department of Justice Reauthorization, Subtitle B— Improving the Department of Justice's Grant Programs, Chapter 1— Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: http: // www. omp.usdoi.gov /BJAIgranVbag.htmi • United States Code: http: / /www.gpoaccess.gov /uscode /index.html c 42 U.S.C. 3711 at seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal 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 SFY 2011 Page 1 16J3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A -110, or OMB 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, within 15 days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the 'original' project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes /no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty -one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON -line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre - audit and post- audit. (d) Before the "final' Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. (2) The Financial Closeout Documentation shall be submitted to the Department within forty - five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY 2011 Page 2 16J3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non - federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A -21, A -87, and A -110, or A -102 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding shall be provided to a subgrant recipient upon a written request to the Department. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund may or may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. Any unexpended interest remaining at the end of the subgrant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to § 112.061, Fla. Stat. SFY 2011 Page 3 16J3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight -hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a. The subgrant recipient agrees to use all non - expendable property for criminal justice purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A -110 or A -102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A -110 or A -102, as applicable. 14. Copyright The awarding agency reserves a royalty -free non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and SFY 2011 Page 4 16J3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication /program /exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program- specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A -133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of § 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules. "; § 215.97, Fla. Stat. , "Florida Single Audit Act "; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For- Profit Organizations" b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A -133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. SFY 2011 Page 5 16J3 ' Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non - compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY 2011 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program 1 6 J 3 Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty -one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., and in procedures set forth in Rule 28- 106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of § 119, Fla. Stat. , and SFY 2011 Page 7 16J3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him /her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of § 435, Fla. Stat. shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting SFY 2011 Page 8 I6J3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and 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. 29. Drug Court Projects A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c) -(d). Recipient may not satisfy such a fine with federal funds. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily - imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § SFY 2011 Page 9 16J3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 -34); the Education Amendments of 1972 (20 U.S.C. § §1681, 1683, 1685 -86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101 -07); and Department of Justice Non - Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith - based and community organizations). b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on -line short form at htto:// www.oii).usdoi.gov /about/ocr /eeoo comply htm, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. e. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. f. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101 -336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services and transportation (Title 11), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ( "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 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses SFY 2011 Page 10 16 J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100 -year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and /or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 37. Non - Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three -year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; SFY 2011 Page > 1 16J3 " Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub - recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. SFY 2011 Page 12 16J3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 41. "Pay — to — Stay" Funds from this award may not be used to operate a "pay -to- stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay -to- stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and /or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and /or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and 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 subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated SFY 2011 Page 13 16J3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) 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 (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow -up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at htto: / /www.lel).cov. 44. The Coastal Barrier Resources Act The subgrant recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of SFY 2011 Page 14 16J3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93 -234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a -1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemes generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit httlp://www.niem.ciov/implementationquide.lphp. 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. SFY 2011 Page 15 16J3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 53. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 54. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http: / /www it oio oov /default aspx'?area- oolicyAndPractice &pace 1046. 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 56. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 57. Conflict of Interest The subgrant recipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 58. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally- assisted programs. 59. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 U.S.C. §§ 1501 -08 and §§ 7324 -28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 60. Equal Treatment for Faith Based Organizations The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the SFY2011 Page 16 16J3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement "Equal Treatment Regulation "). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub - grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See htto: / /www.oip.aov /about/ocr /equal fbo htm. 61. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee. 62. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds 63. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (internet- based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. This training will address task force effectiveness as well as other key issues including privacy and civil liberties /rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). SFY2011 Page 17 Application for Funding Assistance 16J3 Florida Department of Law Enforcement Justice Assistance Grant - County -wide Insert Certifications and Authorizations here. t; Application for Funding Assistance 16 J 3 Florida Department of Law Enforcement Justice Assistance Grant - County -wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: Typed Name and Title: Date: State of Florida- I)+lparfinent of Law EMbrcamer►f ` cs of CNminai Justice Grant* Subgrant Reciplent - Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated: Representative) , Typed Name of Subgrant Recipient) C is -- Unty Board e€ Eeunt, `I Y. -- — Commissioner Signature: - - =�- Frank Halas, "Vice Chairman, in the absence of Typed Name and Title: F'rer9 rnyl e , Chairman Date: Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing Agency: Collier County sheriff's office 1 - -- Signature: Typed Name and Title: Date: June 24 Kevin ff Approved as to form & legal �' f%n�.�nt�r;'�4tGrnev Date Daw RW.l (D-Z g-{p Ra:'A Application for Funding Assistance 16 J 3 Florida Department of Law Enforcement Justice Assistance Grant - County -wide ;I In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Signature: Typed Name and Title: Date: Subgrant Recipient ti Authorizing Offlciai of Government�ll Unit (Commission Chairmens Nfajtor,'or Designated Representative) « 0. ypgd Name of Subgrant Recipient: , ; .{ .. } 6Q or cnunt y Board of ceant y :Signature: Commissioner Frank Halas, Vice Chairman, in the absence of 'Typed Name and Title: Fred Coyle. Chairman Date: Implementing Agency, Official, Administrator or Designated Representative Typed Name of Implementing Agency: Collier County Sheriff's Office Signature: Typed Name Date: .!+4 r„ farm k iegai Suffloien <. CERTIFICATION FORM 16 J 3 Recipient Name and Address: Collier County Sheriffs Office 3301 Tamiami Trail East, Naples, FL 34112 Grant Title: Child Abuse /Sexual Offender /Sexual Predator Grant Number: lI - T — Award Amount: $175,353 `.JO Contact Person Name and Title: Susan Golden, Grant Coordinator Phone Number: (239) 793 -9346 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 CTA §§ 42.301 -.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 71h Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307 -2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please cheek all the boxes that apply. ❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe, ❑ Recipient is a non - profit organization, ❑ Recipient is an educational institution, or ❑ Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000 [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section 13- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): 1, Kevin J. Rambosk, Sheriff [responsible officiall, certify that the Collier County Sheriffs Office lt'ecipientl, Which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR §42.301, et seq., subpart E. l further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office Of: Collier County Sheriffs Office lorganization], at 3301 Tamiami Trail East Naples, FL 34112 laddress],for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations. Kevin J. Rambosk, Sheriff Print or type Name and Title OMB Approval No. 1121 -0140 Expiration Dale: 01/31/06 re Date CERTIFICATION FORM 1 6 J 3 Recipient Name and Address: Collier County Sheriffs Office 3301 Tamiami Trail East, Naples, FL 34112 Grant Title: Child Abuse /Sexual Offender /Sexual Predator Grant Number: 10i I -; — Award Amount: $175,353 a JO Contact Person Name and Title: Susan Golden, Grant Coordinator Phone Number: (239) 793 -9346 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301 -.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7i° Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307 -2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. please check all the boxes that app ty. I, ❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe, ❑ Recipient is a non- profit organization, ❑ Recipient is an educational institution, or ❑ Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000 [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. 1 further certify that [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to DIP for review as long as it certifies the following (42 C.F.R. § 42.305): 1, Kevin J. Rambosk, Sheriff [responsible official], certify that the Collier County Sheriffs Office [recipient],which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of: Collier County Sheriffs Office [organization], at 3301 Tamiami Trail East Naples, FL 34112 [address],for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations. Kevin J. Rambosk, Sheriff G; _%/� - - -- -- ------- ---- -- -- -- -- - - --- —=- — -- --- -- - --- -- -- Print or type Name and Title ig is re- - - "— Date OMB Appmva] No. 1121 -0140 Expiration Date: 01 /31/06 CERTIFICATION FORM 16 J 3 Recipient Name and Address: Collier County Board of County Commission 3301 Tamiami Trail East, Naples, FL 34112 Grant Title: Child Abuse /Sexual Offender /Sexual Predator Grant Number: *011 - -JAG Award Amount: $175,353 —5© Contact Person Name and Title: Susan Golden, Grant Coordinator Phone Number: (239) 793 -9346 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301 -.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7" Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307 -2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that apply. ❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe, ❑ Recipient is a non- profit organization, ❑ Recipient is an educational institution, or ❑ Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000 I, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. 1 further certify that [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): Frank Halas, Vice Chairman, in the absence of 1, Fred Coyle, Chairman [responsible official], certify that the Collier County Board of County Commissioners [recipient],Which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of: Collier County Board of County Commissioners [organization], at 3301 Tamiami Trail East Naples, FL 34112 [address],for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations. Frank Halas, Vice Chairman, in the absencq of Fred Coyle, Chairman Print or type Name and Title Signature '.,. Date Approved as to form & !e9al Sutficienry {`MG147 F. 3F1' OCK tl "d�$Igt OMBAppmval No. Mxp 1121- 1 i oA [Pu(er0� f486" CERTIFICATION FORM 16 J 3 It Recipient Name and Address: Collier County Board of County Commission 3301 Tamiami Trail East, Naples, FL 34112 Grant Title: Child Abuse /Sexual Offender /Sexual Predator Grant Number: IN I - 3 ' - Award Amount: $175,353 IS-07— O Contact Person Name and Title: Susan Golden, Grant Coordinator Phone Number: (239) 793 -9346 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (ESOP) in accordance with 28 C.F.R §§ 42.301 -.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7" Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307 -2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please cheek all the boxes tbar apply. 1, ❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe, ❑ Recipient is a non- profit organization, ❑ Recipient is an educational institution, or ❑ Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000 [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): Frank Halas, Vice Chairman, in the absence of 1, Fred Coyle, Chairman [responsible official], certify that the Collier County Board of County Commissioners [recipientl,which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of: Collier County Board of County Commissioners lorganizationl, at 3301 Tamiami Trail East Naples, FL 34112 [address],for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations. Frank Halas, Vice Chairman, in the absences, of Fred Coyle, Chairman -- -_ -- - - -- __';,L'`_�.� L �_! <:' ' -•` ..' Print or type Name and Title - Signature - I Date °4pprovf)fy A.4 u) form N. OMB Approval NO H21-0140 Exptrati<Wi Date (it /31/06 DINJGt C 16J nr.0 V 1 trill MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement yrne Memorial Justice Assistance Grant Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non - procurement) and Government -wide Requirements for Drug -Free Workplace (Grants) ". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING (b) Have not within a three -year period preceding this application been convicted of or had a civil judgement rendered against them for As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, (a) No federal appropriated funds have been paid or will be paid, by or on behalf theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and grant or cooperative agreement; (b) If any funds other than federal appropriated funds have been paid or will be (d) Have not within a three -year period preceding this application had one or more public transactions (Federal, State, or local) paid to any person influencing or attempting to influence an officer or employee of terminated for cause or default; and any agency, a member of Congress, an officer or an employee of Congress, or an employee of a member of Congress in connection with this federal grant or B. Where the applicant is unable to certify to any of the statements in cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities ", in accordance with its instructions; this certification, he or she shall attach an explanation to this application. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all 3. DRUG -FREE WORKPLACE subrecipients shall certify and disclose accordingly. (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F, for grantees, as defined RESPONSIBILITY MATTERS at 28 CFR Part 67 Sections 67.615 and 67.620 - (DIRECT RECIPIENT) A. The applicant certifies that it will or will continue to provide a drug - As required by Executive Order 12549, Debarment and Suspension, and free workplace by: implemented at 28 CFR Part 67, for prospective participants in primary covered (a) Publishing a statement notifying employees that the unlawful transactions, as defined at 28 CFR Part 67, Section 67.510 - manufacture, distribution, dispensing, possession, or use of a A. The applicant certifies that it and its principals: controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for (a) Are not presently debarred, suspended, proposed for debarment, declared violation of such prohibition; ineligible, sentenced to a denial of federal benefits by a State or Federal court, or (b) Establishing an on -going drug free awareness program to inform voluntarily excluded from covered Transactions by any federal department or employees about - agency; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 16J3 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a Check here If there are workplaces on file that are not identified criminal drug statute occurring in the workplace no later than five calendar days here, after the conviction; Section 67.630 of the regulations provides that a grantee that is a (e) Notifying the agency, in writing, within 10 calendar days after receiving notice State may elect to make one certification in each Federal fiscal year. under subparagraph (d) (2) from an employee or otherwise receiving actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. States and State agencies may elect including position title, to: Department of Justice, Office of Justice Programs, to use OJP Form 4061/7. ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; Check here — If the State has elected to complete OJP Form 4061 f7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and DRUG -FREE WORKPLACE including termination, consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined assistance or rehabilitation program approved for such purposes by a Federal, at 28 DER Part 67; Sections 67.615 and 67.620 State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of through implementation of paragraphs (a), (b), (c), (d), (e), and (f). a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the Place of Performance (Street address, city, county, state, zip code) conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify, that the applicant will comply with the above certifications. 1. Grantee Name and Address: Collier County Board of County Commissioners 2. Project Name:_ Collier County Child Abuse /Sexual Offender /Sexual Predator Frank Halas, Vice Chairman, in the absence of 3. Typed Name and Title of Authorized Representative: Fred Coyle Chairman 4. Signature: 5. Date: . AMOVe d As to for. FDLE \TT -> Page MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS rs�ttSPONSIBILITIY Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Pro ram Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non - procurement) and Government -wide Requirements for Drug -Free Workplace (Grants) ". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING (b) Have not within a three -year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud a criminal offense in connectn with As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 obtain ing, attempfi goto obtain, or performing a public (Federal, State, CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $100,000, as defined at 28 CFR Part 69, the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements, or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee (c) Are not presently indicted for or otherwise criminally or civilly of Congress, or an employee of a Member of Congress in connection with the charged by a governmental entity (Federal, State, or local) with making of any federal grant, the entering into of any cooperative agreement, and commission of any of the offenses enumerated in paragraph (1) Ld of the extension, continuation, renewal, amendment, or modification of any federal this certification; and grant or cooperative agreement; (b) If any funds other federal appropriated funds have been paid or will be had one or more p'ublichtrans cti nsn(Federal, State, for local)ation ap paid to any person influencing or attempting to influence an officer or employee of terminated for cause or default; and any agency, a member of Congress, an officer or an employee of Congress, or an employee of a member of Congress m connection with this federal grant or B. Where the applicant is unable to certify to any of the statements in cooperative agreement, the undersigned shall complete and submit Standard this certification, he or she shall attach an explanation to this Form - LLL, 'Disclosure of Lobbying Activities', in accordance with its instructions; application. (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all 3. DRUG -FREE WORKPLACE subrecipients shall certify and disclose accordingly. (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F, for grantees, as defined RESPONSIBILITY MATTERS at 28 CFR Part 67 Sections 67.615 and 67.620 - (DIRECT RECIPIENT) A. The applicant certifies that it will or will continue to provide a drug - As required by Executive Order 12549, Debarment and Suspension, and ry covered free workplace by: implemented at 28 CFR Part 67, for prospective participants in prima transactions, as defined at 28 CFR Part 67, Section 67.510 - (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a A. The applicant certifies that it and its principals: controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for (a) Are not presently debarred, suspended, proposed for debarment, declared violation of such prohibition; ineligible, sentenced to a denial of federal benefits by a State or Federal court, or (b) Establishing an on -going drug -free awareness program to inform voluntarily excluded from covered transactions by any federal department or employees about - agency; (1) The dangers of drug abuse in the workplace; (2) The grantee's Policy of maintaining a drug free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; City of Everglades City 16J3 P.O. Box 11.0, Everglades City, Collier County, Florida 34139 City Hall 102 Copeland & Broadway Phone (239) 695 -3781 Fax (239) 695 -3020 June 9, 2010 Mr, Clayton Wilder Administrator Office of CrimhW Justice Grants DOPKtnerit dLaw Enforcement 2331 Phlllipst cad Tallahassee, Florida 32308 Dear Mr. Wilder: In compliance with State of Florida Rule 11 D -9, F.A.C., the City of Everglades City approves the distribution of $175,353 of the Edward Byrne Memorial JAG Program FFY 2010 funds f6r the following project within Collier County: JUDGRANTEE TITLE OF PROJECT DOLLAR AMOUNT Collier County Child Abuse/Sexual Offender/ $175,353 Sexual Predator Project Sincerely, 1 Sammy Iiiiinihon, Jr. Mayor Mayor City Clerk City Attorney Sammy Hamilton, Jr. Dottie Smallwood Joiner Colleen J. MacAlister, Esq. BILL BARNETT' MAYOR June 4, 2010 Mr. Clayton Wilder, Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder, 16,13 I In compliance with Stitte of Florida Rule 11 0-9, F.A.C,, the City of Naples approves the disitribution of $175,353 of the Edward Syme McMori$1 JAG program FFY 2010 funds for the following project within Collier County: SUSG ` AMOUNT Collier County S rei , ernett Mayor P 1 is a -W ,- t,, Child 7•i LiCHTH S'PFHF i SOUI H - NAPLES, FLORID,) 796 Ti LUPHONF. C'97213 IN 0 FAX(739)'1'. -1010 CELL i73917?7 -795° EMAIL. ?4n}orRt�plr =.L�auiamp HOMEI V<x'39141;.i O CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Pr ram ApprOved as t0 form & legal Sufficiency Assistant Lour ++ /'tt ^rr;= v: n aTrEST: a> :� •c:N... 4,y . , DWIGHT S. AR �''' `r (c) Making it a requeament that each employee to be engaged in the performance i of the grant be given a copy of the statement required by paragraph (a)'.. (d) Noti"reg Ilia employee in the statement required by paragraph (a) Mat., as a condition of employment under the grant, the employee wal- (I) Abide by the terns of the etaterl and 1 (2) Nooly the employer in writing of bra or her rcov:etior, lot a vri of a hack horn ___ It there are workplaces on the that are not identified criminal drug statute occurring in the workplace m later than five calendar days here. after the i:cav'tiun Section 67.630 of the regulations provides that a granlae that is a (a) Notifying the agency, in writing, within 10 calendar days utter %carving notice Slate may elect to make one carihcation in each Federal fiscal year under subperegrapit (d) f21 from an wnployea or otherwise raceuing actual notice A copy of which should be included with each application tar of such conviction. Emplcyore of Paniected emooyees must provide notice Department of Justice funding. States and Stale ageucies may alert including position title, to: Deparbnant of Justice, Office of Justice Programs, to use OJP Force 4061,q. AT1N: Control Dark.63', Adana Avenue, N.W., Washngtoe, D.C. 20531. Noneb shall incWde the idenMicefrcn nurrrher(al of each affected grentt Cheek here ___ II the State has amcled to complete O, ;P Form 4(1617. (1) Taking one of the following action. within 30 calendar days of receiving notice under auGpamgrsph (d) 12), with respect to any empluyee who is to connected- fl) Taking appropriate poisonnsl ac+icn against such an employee, up in and DRUG -FREE WORKPLACE ircluding termination, consrshalt with the requirements of the Rehabilitation Act at (GRANTEES WHO ARE INDIVIDUALS) 1973, as amended or As required by the Din Floe Workplace Act of 1988, and (2) Requiring such employee to participate satietactonly in a dray abase implemented at 28 CFR Par! 67, Subpart F. for grantees, as defined assistance or rehabllHation program approved for such purposes by a Federal, at 28 CFR Part 67; Sections 61.615 and 67.620 - 51ate, or local hearm, law anforcamem, or other appropriate aganey; A. As a condition of the grant I carlity that I will not engago in life (g) Making a good faith effort to continue to maintain a drug -free workplace .mlawtul manufacture, distribution, dispensing, possession, or use of i through Impk+mentaton of paragraphs (a), (h), (c), (d), (a), and (f)_ a controlled substance in conducting any activity with the grant; and B. the grantee may insert in the space provided below the srtels) Ion Ne er p convicted of a criminal divg offense resulting from a violation performance of nronr done in connection with the specific grant occurring during the COr l of any grant actIVIN, t Will report the convrctar, in writing, within 10 calendar days at tine convrctiun, to Place o! Performance (Sbeot address, city, county, state, zip codel Department of Justice. Ctlti,s of Jusiloe Programs, ATTN. Control Dask, 633 Indiana Avenue, N.W., Washington, D C. 20531. As the duly authorized representative of the applicant. I hereby certify that the applicant will comply with the above certifirations. 1. Grantee Name and Address: Collier Qounty 89aro�f_4,yytnty Commissioners 2. Project Name_ Collier tyun ,Clhfld Abuse /S x I ncf r /Qxu�,l Predator .._._ Frank Halas, Vice Chairman, in the absence of 3. Typed Name and Title of Authorized Representative. FLeq r aMiull — .' a. Signature:. L_ ,,,,e"'`' --- - - -... 5. Uate._ ApprOved as t0 form & legal Sufficiency Assistant Lour ++ /'tt ^rr;= v: n aTrEST: a> :� •c:N... 4,y . , DWIGHT S. AR �''' `r 16J 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office he completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item _I ROUTING SLIP Complete routing lines 91 through N4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the - A ..... ., u.-- .h.,,.,,.h .,.,,. ;— Im,� a l .hrnu k xa r,, 10 tN the checklist and forward to Sue Filson (line 45). Route to Addressee(s) (List in routing order .... -.. ..... ._ .. .. Office Initials Date I. 2. (Initial) Applicable) Agenda Date Item was June 8, 2010 3. 16 -J -3 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 4. Jennifer B. White, Assistant County Attorney County Attorney (1 j o CJ w `3 `t Q i 5. Ian Mitchell, BCC Supervisor Board of County Commissioners Attached Award Documents Attached 6. Minutes and Records Clerk of Court's Office executed by all parties except the BCC Chairman and Clerk to the Board and possibly State PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff l'or additional or missing information. All original documents needing the ACC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the Name of Primary Staff Andrea Marsh Phone Number 793 -9375 Contact (Initial) Applicable) Agenda Date Item was June 8, 2010 Agenda Item Number 16 -J -3 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document Certificate of Acceptance of Subgrant Number of Original 1 Attached Award Documents Attached INSTRUCTIONS & CHECKLIST Il Fomrs/ County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter numbernkcdocument numbest Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not (Initial) Applicable) 1. Original document has been signed /initialed for legal sufficiency. (All documents to be signed by the JBW Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc, signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and N/A all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or JB W the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and .IBW initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be N/A provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to rallahassee within a certain time frame or the BCC's actions are nullified. Be aware of our deadlines! 6. The document was approved by the BCC on 06/08/10 and all changes made during the meeting JAW have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. Il Fomrs/ County Forms/ BCC Forms/ Original Documents Routing Slip WINS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter numbernkcdocument numbest 16J 3 MEMORANDUM Date: November 4, 2010 To: Andrea Marsh Collier County Sheriffs Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Certificate of Acceptance of Subgrant Award Collier County Child Abuse /Sexual Offender /Sexual Predator Enclosed for your records you will find the original document referenced above (Agenda Item #16J3) which was approved by the Board of County Commissioners on Tuesday, June 8, 2010. If you have any questions, please call me at 252 -7240. Thank you. Enclosure 16J 3 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2011 - JAGC - COLL -1 -B2 -213, in the amount of $ 175,353.00, for a project entitled, COLLIER COUNTY CHILD ABUSE /SEXUAL OFFENDER /SEXUAL PREDATOR, for the period of 10/01/2010 through 09/30/2011, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. (Signature of Subgrantee's Fred W. Coyle, Chairman (Typed Name and Title of Official) Utticiai) Collier County Board of County Commissioners (Name of Subgrantee) I l uot%,,. h c --') 2 (Date of Acceptance) ATTEST; OW HT E. _ RO 'v: Itttst as to �a hKa , I 31twt onpna 'lerk y Approvnd as to Corm & legal Sulilclency Rule Reference 11D-9.006 OCJG -012 (Rev. October 2005)