Backup Documents 04/24/2012 Item #16J 6ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
,THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUR4 r
..J 6
r. =- _�
ROUTING SLIP:`!
Complete nesting tines #I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already compleO Vilk-ft
exception of the Chairman's signature, draw a line dtrough routing times # 1 through #4, complete the checklist, and forward to Up Mitchell Oiipe+4E
Route to Addressee(s) Offici
F— I ist in routing order)
Initial
— _.�-
Cia>
-- - ---�
! II
S. Ian Mitchell, Executive Managa Board of County Commissionellf
to the BC .;
j Z
6. Minutes and Recordo Clerk of Court's Oilier
PRIMARY CONTACT INFORMATI014
('rhe primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created`prepared the excculivii
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 13CC has acted to approve thii
Name of Primary Statj Lori Sang
Contaei
Agenda Date Item w04 April 24, 2012
Approved by the BCd _
Type of Documed! Certificate of Participatioial
Attached
Phone N
Number of
- -- -- -- - - -- - - - - --
252 -0842
mbd 1616 - --
:hed
INSTRUCTIONS & CHECKLIST,
Initial the Yes column or mark `'N /A" in the Not Applicable column, whichever is
'; appropriatt� ��
Original document has been signed /initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinance
resolutions, etc. signed by the County Attorney's Office and signature pages frori j
contracts, agreements, etc. that have been fully executed by all parties except the 1304
Chairman and Clerk to the Board and possibly State Officials
! ` Is the Chairman's original signature required _ 1
All handwritten strike - throughs and revisions have been initialed by the County Attorney'` ± —
Office and all other parties except the BCC Chairman and the Clerk to the Board
r The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date, whichever is applicable)
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman* wo
signature and initials are required.
In most cases (some contracts are an exception). the original document and this routing sl` H ,
P ), g-- -
f should be provided to Ian Mithchell in the BCC office 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 your deadlines)
The document was approved by the BCC on04/24/12 (enter date) and all change 1VUH N/A is not
made during the meeting have been incorporated in the attached document. The an optioltl
County Attorney's Office has reviewed the changes, if applicable, for line 6.
1 1 .•i!n, f ,mwn I ,nn, 14 l I .nnr ( ii „"Inal I)o —n cnl, K, ulvm-, ',lip HO!,tAt• -I
16J6
MEMORANDUM
Date: April 30, 2012
To: Lori Sams,
Collier County Sheriff's Office
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Certificate of Participation: JAG Program
Attached for further processing is the original document referenced above
(Agenda Item #16J6) approved by the Board of County Commissioners on
Tuesday, April 24, 2012.
If you have any questions, please call me at 252 -8411.
Thank you.
Attachment
16J6
CERTIFICATE OF PARTICIPATION
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
Date: April 19, 2012
Mr. Clayton H. Wilder
Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Dear Mr. Wilder:
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: Kevin Ramhnsk
Title: Sheriff
E -mail address: ha(d o1 > i r. h ri f org
Agency: Collier county Sheriff's Office
Address: 3319 Tamiami Trail East Naples, FL 34112 -4901
Telephone:239_2-9 2 -ot34, County: col I i er
Date: April 19. 2012
Sincerely,
7LUL W. G-a4-
Chair, Board of County Commissioners
OCJG -024 (Rev. May 2011)
ATTEST:
DWI CAT E. BROCK, CAL, U(
Att.0Re & srook
Appr form and legal sufficiency:
Jeffr latzkow
County Attorney
16J 6q
MEMORANDUM
Date: June 29, 2012
To: Andrea Marsh, Finance Director
Collier County Sheriffs Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: 2012/2013 Byrne /Justice Assistance Grant (JAG) Application
Attached for further processing are two (2) original documents referenced above
(Agenda Item #16J6) approved by the Board of County Commissioners on
Tuesday, April 24, 2012.
A copy of the grant application has been kept by the Minutes & Records
Department as part of the Boards Official Records.
If you have any questions, please call me at 252 -7240.
Thank you
INTEROFFICE MEMORANDUM
To: Chairman Fred Coyle
Board of County Commissioners
From: Andrea Marsh
CCSO Finance irector
Date: June 25, 2012
Subj: Justice Assistance Grant Application
10 0
Attached please find the completed 2012 -2013 Byrne /Justice Assistance Grant (JAG)
Countywide grant application. At the April 24, 2012 BCC meeting, the Board agreed to serve
as the local coordinating unit of government for the FI rida Department of Law Enforcement
(FDLE) JAG Countywide grant, designate the Sheriff s the applicant, and approve the
application when completed. This request was Agen a Item 16.J.6. As Chairman, your
signature is needed where indicated in the attached grant submittal.
The JAG Countywide application is for $106,009 to continue the Child Abuse /Sexual
Offender /Sexual Predator program. The funds will be used to pay the salary and benefits of
one Detective, some overtime and training costs.
Projected submission date for the grant is July 2, 201
soon as the attached is signed and ready for pick -up,
for your prompt attention to this request.
Please contact me at 252 -0841 as
if you have any questions. Thank you
tQ
Attached please find the completed 2012 -2013 Byrne /Justice Assistance Grant (JAG)
Countywide grant application. At the April 24, 2012 BCC meeting, the Board agreed to serve
as the local coordinating unit of government for the FI rida Department of Law Enforcement
(FDLE) JAG Countywide grant, designate the Sheriff s the applicant, and approve the
application when completed. This request was Agen a Item 16.J.6. As Chairman, your
signature is needed where indicated in the attached grant submittal.
The JAG Countywide application is for $106,009 to continue the Child Abuse /Sexual
Offender /Sexual Predator program. The funds will be used to pay the salary and benefits of
one Detective, some overtime and training costs.
Projected submission date for the grant is July 2, 201
soon as the attached is signed and ready for pick -up,
for your prompt attention to this request.
Please contact me at 252 -0841 as
if you have any questions. Thank you
Application for Funding Assistance 16J 6
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Chief Official
Name: Fred Coyle
Title:
Chairman
Address:
3299 Tamiami Trail East
City:
Naples
State:
FL Zip: 34112
Phone:
239- 252 -8097 Ext:
Fax:
239 - 252 -2755
Email:
FredCoyle @colliergov.net
Chief Financial Officer
Name: Dwight Brock
Title:
Clerk of the Circuit Court
Address:
3299 Tamiami Trail East
City:
Naples
State:
FL Zip: 34112
Phone:
239 - 252 -2745 Ext:
Fax:
239 - 252 -2755
Email:
Dwight. Brock @collierclerk.com
Application Ref # 2013 -JAGC -1875 Section #1 Page 1 of 2
Contract ,JAGC -COLL- - -
Rule Reference 11 D -9.008 OCJG -005 (rev. April 2005)
Implementing Agency
Organization Name: Collier County Sheriff's Office
County: Collier
Chief Official
Name: Kevin Rambosk
Title:
Sheriff
Address:
3319 Tamiami Trail East
City:
Naples
State:
FL Zip: 34112 -4901
Phone:
239- 252 -0554 Ext:
Fax:
239 - 793 -9104
Email:
wendychaffee @colliersheriff.org
Project Director
Name: Kenneth Becker
Title:
Sergeant
Address:
3319 Tamiami Trail East
City:
Naples
State:
FL Zip: 34112
Phone:
239 - 793 -9169 Ext:
Fax:
239 - 793 -9104
Email:
svbsgt @colliersheriff.net
Application Ref # 2013 -JAGC -1875 Section #1 Page 2 of 2
Contract - JAGC -COLL- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Application for Funding Assistance 16J 6
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
° § ,w Y
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: 10/1/2012 End Date: 9/30/2013
Problem Identification
The problem this project is targeting 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 unknown criminal offenders. With continued
population growth, and the transient nature of sexual predators and sexual offenders, incidents of
these crimes against children have been on the rise.
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. 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.
With FDLE maintaining the state database for registered sex offender /predators, and verifying
addresses via mail- drops, the Collier County Sheriffs Office (CCSO) is tasked with conducting
physical residential address checks of these offenders. 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. On July 11, 2011,
the numbers had increased to 210 registered sex offenders and 17 sexual predators registered in
Collier County for a total of 227 offenders /predators. In December 2011 the number of sex
offenders was 204 and the number of sexual predators was 19 for a total of 223. In 2011 the
monthly average for sex offenders was 193 and the monthly average for sexual predators was 16
for a total monthly average for both categories of 209.
CCSO routinely encounters out -of -area sex offender individuals 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 be arrested or identified as
residing in Collier 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 registered
sex offenders.
The CCSO's specialized detective bureau responsible for investigating reported crimes against
children, missing children, sexual battery (on adults and children) and
Application Ref # 2013 -JAGC -1875
Contract - JAGC -COLL- - -
Rule Reference 11 D -9.008 OCJG -005 (rev. April 2005)
Section #2 Page 1 of 5
Application for Funding Assistance 16J
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
implementing this Child Abuse /Sexual Offender /Sexual Predator grant, is the Special Victims Unit
and the Exploitation Unit. These grant funds are needed to maintain the current Byrne /JAG Child
Abuse /Sexual Offender /Sexual Predator Detective position that is currently funded through
September 30, 2012.
The Special Victims Unit (SVU) and Exploitation Unit's (EU) responsibility covers child crime
investigations and offender tracking county -wide. Collier County is the largest county in Florida at
2,025 square miles. The 2010 Census reflects a year -round population of 321,520. The County
estimates the peak season population at 389,149. In addition, Collier County welcomes over 1
million visitors /tourists annually. As the year round and seasonal population has increased,
CCSO has also seen an increase in child abuse, sexual offender, and sexual predator related
cases. According to 2009 American Community Survey, children under 5 years old account for
6.5 % of population with children and youth under 18 increasing to 22.6 percent of the total county
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 will be registering as sexual predators and sex offenders, resulting in an increase in
the volume of offenders and predators to be monitored.
The Special Victims Unit's 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
Cases per month: 86 /month
2005 cases: 1,347
Cases per month: 112 /month
2006 cases: 1,702
Cases per month: 142 /month
2007 cases: 1,824
Cases per month: 152 /month
2008 cases: 2,639
Cases per month: 220 /month
2009 cases: 2,452
Cases per month: 204 /month
2010 cases: 2,757
Cases per month: 230 /month
2011 cases: 2,915
Cases per month: 243 /month
Crimes where children are the primary victims constitute a greater proportion of investigative
cases and involve many forms of abuse and neglect. 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 require the agency to
have skilled staff dedicated to this critical issue.
Byrne /JAG countywide funds are needed to maintain one Detective to provide coverage on cases
dedicated to the investigation, apprehension, and prosecution of sex offenders and predators,
along with other child crimes. To continue supporting this initiative and
Application Ref # 2013 -JAGC -1875
Contract - JAGC -COLL- - -
Rule Reference 110-9.006 OCJG -005 (rev. April 2005)
Section #2 Page 2 of 5
0
Application for Funding Assistance
16J 6 s -4
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
increase the positive outcomes of this program, grant funds of $106,009 are requested to cover
the payroll, overtime and benefits cost associated with this position dedicated to protecting
children throughout this large and diverse community. Grant funds will also be used to cover
training costs and some overtime costs.
Project Summary (Scope of Work)
The Collier County Sheriffs 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 Child Abuse /Sexual
Offender /Sexual Project with $106,009 to cover the personnel costs to maintain one Detective and
to cover training costs and some overtime costs.
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 objective of this project is to safeguard the entire Collier County community, with the 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 toward the development of strategies and improved methods of
targeting sexual offenders and sexual predators committing crimes against children. The CCSO
grant funded Detective 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. In May 2011, the detective had 66 sexual offender /sexual predator physical address
checks and attempted an additional 25 contacts. At the end of 2011, the detective had 694 sexual
offender physical address checks, 170 sexual predator physical address checks and attempted an
additional 486 contacts.
The grant funded detective will 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 also allow the detective to survey areas
where undocumented sex offenders prey upon children. The Detective will also serve as liaison
with the Department of Corrections (DOC) and other law enforcement agencies (local, state and
federal) to identify the movements of transient offenders, who might not be registered in Collier
County, as they move between jurisdictions. The Detective will also prepare material for the
training of CCSO Deputies on the laws and requirements pertaining to sex offenders /predators.
This training can result in expanding the potential for apprehension and prosecution of offenders
committing crimes against children in Collier County.
Another component of the grant project will be continued public awareness. The CCSO
Application Ref # 2013 -JAGC -1875 Section #2 Page 3 of 5
Contract - JAGC -COLL- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Application for Funding Assistance 16J 6
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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.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 safety events, public service announcements, radio talk shows, newspaper articles,
presentations and visits with Neighborhood Watch groups, and public presentations at schools
and churches, 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. These
public safety events will also provide opportunities for fingerprinting of children and distribution of
DNA kits.
CCSO will 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 address compliance 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 more often than
required by Florida law. Through continued grant support and other resources, sex offenders will
be checked quarterly rather than annually, and sexual predators will be checked monthly rather
than quarterly.
Application Ref # 2013 -JAGC -1875
Contract _ JAGC -COLL- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Section #2 Page 4 of 5
i 16J 6 1
Application for Funding Ass s tance
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
Question: Part 1: In your business or organization's preceding completed fiscal year, did your
business or organization (the subgrantee) receive (1) 80 percent or more of your
annual gross revenues in U.S. federal contracts, subcontracts, loans, grants,
subgrants, and /or cooperative agreements; and (2) $25,000,000 or more in annual
gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants,
and/or cooperative agreements? If yes, answer "yes" or "no" to Part 2, below.
Answer: No
Question: Part 2: Does the public have access to information about the compensation of the
executives in your business or organization (the subgrantee) through periodic reports
filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? If answer to
Part 1, above, was "no," answer N /A.
Answer: N/A
Application Ref # 2013 -JAGC -1875 Section #2 Page 5 of 5
Contract - JAGC -COLL- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Application for Funding Assistance
16J 6
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 - Accomplishments: Includes any accomplishments during the
reporting period.
Activity:
Target Group:
Geographic Area
Location Type:
Address(es) :
Activity Description
Law Enforcement
Sex Offenders
Urban
Sheriff Office
Collier County Sheriffs Office
3319 Tamiami Trail East
Naples, FL 34112
Objectives and Measures
Objective: Al - Report on program accomplishments
Measure: Part 1
Please briefly describe what your program's accomplishments will be. Please
include any benefits or changes to be observed as a result of JAG - funded activities,
such as program completion, or changes in attitudes, skills, knowledge, or
conditions. [500- character limit]
Goal: The estimated number of individuals (by related crimes) to be arrested for the
targeted crime is projected to be 60. The estimated number of individuals to be
arrested for the targeted crime during each reporting period is 15. It is expected that
the number of induviduals arrested will increase because of our efforts. This project
will target sexual predators and sexual offenders.
Objective: A2 - Report on usage of crimesolutions.gov Website
Measure: Part 1
Will you be using the crimesolutions.gov website?
Goal: No
State Purpose Area: B - Training: Activities where transferring of skills and knowledge
occurs, including training by the organization of its own staff, training by
the organization of individuals from other
Application Ref # 2013 -JAGC -1875
Contract - JAGC -COLL- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Section #3 Page 1 of 5
Application for Funding ssistance 16J 6
Florida Department of Law Enf rcement
Justice Assistance Grant - COL ntv -wide
organizations, or training of the organization's staff by others.
Activity: Training
Target Group: Training
Geographic Area: Urban
Location Type: Other
Activity Description
Objectives and Measures
Objective: 61 - Report on JAG funding allocated for training
Measure: Part 1
How much JAG funding has been allocated for training? This includes sending staff
to training and training sponsored by the JAG - funded agency. Please report in
dollars ($).
Goal: $9,436
Objective: B2 - Provide Training
Measure: Part 1
Number of individuals within your organization who will receive training. This includes
training to be received by individuals within your organization and to be provided by
your organization. Trainings may be held within or outside of your organization.
Report the total number of individuals to be trained, not the number of trainings he or
she will attend. Only report each individual once.
Goal: 4
Measure: Part 2
Number of individuals outside of your organization whom you will provide training for.
This includes training to be received by individuals within your organization and to be
provided by your organization. Trainings may be held within or outside of your
organization. Report the total number of individuals to be trained, not the number of
trainings he or she will attend. Only report each individual once.
Goal: 0
Objective: 85 - Complete Training Hours
Measure: Part 1
How many training hours will be completed by individuals within your organization?
This includes training completed by individuals within your organization and provided
to individuals outside the organization.
Goal: 156
Application Ref # 2013 -JAGC -1875 Section #3 Page 2 of 5
Contract - JAGC -COLL- - -
Rule Reference 11D -9.006 OCJG -005 (rev. April 2005)
Application for Funding Assistance 16J 6 1
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Measure: Part 2
How many training hours will be provided to individuals outside of the organization?
Goal: 0
State Purpose Area: D - Personnel: Includes activities where individuals are hired,
maintained, or paid overtime.
Activity Description
Activity: Personnel
Target Group: Personnel
Geographic Area: Urban
Location Type: Sheriff Office
Address(es) :
Collier County Sheriffs Office
3319 Tamiami Trail East
Naples, FL 34112
Objectives and Measures
Objective: D1 - Report on JAG funding allocated for personnel
Measure: Part 1
How much JAG funding has been allocated for personnel? Please report in dollars
M.
Goal: $96,573.00
Objective: D2 - Maintain personnel with JAG funds
Measure: Part 1
How many personnel will you maintain with JAG funds during the reporting period?
Maintained personnel means any staff members who were already working with the
law enforcement organization, but who are now being paid partially or fully with BJA
JAG grant funds. Only report each individual as maintained once for the life of the
award.
Goal: 1
Objective: D4 - Pay overtime hours with JAG funds
Measure: Part 1
How many overtime hours will be paid for with JAG funds? Overtime hours are those
that non - exempt employees work beyond normal working hours (usually 40) during a
workweek.
Application Ref # 2013 -JAGC -1875 Section #3 Page 3 of 5
Contract - JAGC -COLL- - -
Rule Reference 11 D -9.008 OCJG -005 (rev. April 2005)
Application for Funding Assistance
16J 61
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Goal: 125
Measure: Part 2
What types of positions will be supported with overtime hours using JAG funds? In
your response, please list all that apply from the following choices: Admin. Staff,
Correctional Officers & Jailers, Counselors, Court Staff, Evaluators, Law
Enforcement Officers, Legal Staff (defense attorneys, prosecutors, indigent defense),
Program Managers, Trainers & Technical Assistance Specialists, Non -sworn Law
Enforcement Personnel, Crime Analysts, Civilian Personnel, Other. If other, please
specify.
Goal: Law Enforcement Officers
Application Ref # 2013 -JAGC -1875 Section #3 Page 4 of 5
Contract - JAGC -COLL- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Application for Funding Assistance
16J 6
Florida Department of Law Enforcement
Justice Assistance Grant - Co my -wide
Section Questions:
Question: If "other" was selected for the geographic area, please describe.
Answer: N/A
Question: If "other" was selected for location type, please describe.
Answer: N/A
Application Ref # 2013 -JAGC -1875 Section #3 Page 5 of
Contract - JAGC -COLL- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Application for Funding Assistance 16J 6
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: Quarterly
Is the subgrantee a state agency ?: No
FLAIR / Vendor Number: 596000558
Budget:
Budget Category
Federal
Match
Total
Salaries and Benefits
$96,573.00
$0.00
$96,573.00
Contractual Services
$0.00
$0.00
$0.00
Expenses
$9,436.00
$0.00
$9,436.00
Operating Capital
$0.00
$0.00
$0.00
Outlay
Indirect Costs
$0.00
$0.00
$0.00
-- Totals --
$106,009.00
$0.00
$106,009.00
Percentage
100.0
0.0
100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref # 2013 -JAGC -1875 Section #4 Page 1 of 4
Contract - JAGC -COLL- - -
Rule Reference 11 D -9.008 OCJG -005 (rev. April 2005)
Application for Funding Assistance 16J 6
Florida Department of Law Enf rcement
Justice Assistance, - Co my -wide
Budget Narrative:
Salaries and Benefits $96,573:
Total Salary and Benefits for 1 Detective position = $90,329.70
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 (including education incentive) for the grant
funded Deputy is $58,897.40. Benefits charged to the grant are listed above and total $31,432.30.
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 will 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 Detective position = $57,457.40
Education Incentive = $1,440.00
FICA @ 7.65% = $4,308.28
Retirement @ 15.97% blended = $9,598.93
Health /Dental Insurance = $14,931.60
Life /Dis. @ 0.27% = $155.14
W/C @ 4.14% = $2,438.35
Overtime for Child Abuse /Sexual Offender /Sexual Predator team members = $6,243.30
The overtime will be for the grant funded position and /or other deputies of the Major Crimes
Bureau needed to cover Child Abuse /Sexual Predator /Sexual Offender cases.
125 hours @ $39.52 /hour = $4,940.00
FICA @ 7.65% = $377.91
Retirement @ 15.97% blended = 788.93
W/C @ 4.14% = $136.46
Contractual Services $ 0
Expenses $ 9,436
Training = $9,436.00
Advanced specialized training is needed for the grant funded (Detective and Major Crimes Bureau
Deputies (including civilian personnel)working on child abuselsexual offender /sexual predator
cases. Prior approval is being requested for the grant funded (Detective and Major Crimes Bureau
Deputies to attend the following trainings:
Two Detectives to Attend Crimes Against Children Conference: $2,930.00
Application Ref # 2013 -JAGC -1875 Section #4 Page 2 of 4
Contract - JAGC -COLL- - -
Rule Reference 11 D -9.008 OCJG -005 (rev. April 2005)
Application for Funding Assistance 16J
Florida Department of Law Enf orcement
Justice Assistance Grant - Cou ty -wide
Budget Narrative (Continued):
Estimated costs include registration @ $1,000; per diem @ $520; airfares @ $800; and lodging @
$610.
Four Detectives to Amber Training Fox Valley Training: $2,176
Estimated costs include per diem @ $776; and airfare @ $1,400. Lodging and registration costs
are covered by the trainer.
One Computer Crimes Investigator to attend Apple Forensic Training: $4,330
Estimated costs include registration @ $2,300; per diem @ $220; car rental @ $310; airfare @
$400; and lodging @ $1,100.
Operating Capital Outlay $ 0
Indirect Costs $ 0
TOTAL = $106,009
n Ref # 2013 -JAGC -1875
Contract - JAGC -COLL- - -
Rule Reference 11 D -8.008 OCJG -005 (rev. April 2005)
Section #4 Page 3 of 4
6'
Section Questions:
Question:
Answer
Question:
Application for Funding Assistance 16J 6 L
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
If salaries and benefits are included in the budget as actual costs for staff in the
implementing agency, is there a net personnel in or a continued net personnel
increase from the previous Byrne program?
Personnel costs for one employee are included in this grant. The previous Byrne
program included personnel costs for two employees. There is a net personnel
decrease from the previous Byrne program.
If benefits are to be included, are they reflected in the budget narrative?
Answer: Yes.
Question: Indicate the Operating Capital Outlay threshold gstablished by the subgrantee or
implementing agency, if it is the sheriffs office.
Answer: $1,000. There are no capital requests in this grant.
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: N/A
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: N/A
Application Ref # 2013 -JAGC -1875 Section #4 Page 4 of 4
Contract - JAGC -COLL- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Application for Funding Assistance
16J 6 'q
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Vtit! ■�l�rs'.CWWit�F�. is
Insert Standard Conditions Page here.
Application Ref # 2013 -JAGC -1875
Contract - JAGC -COLL- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Section #5 Page 1 of 1
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
16J b �
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.00p.usdoi.gov/financiaiguidelindex.htm )
and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance
(http• // www. oip .usdoi.gov /BJA/grant/*ag.html) as well as Federal statutes, regulations,
policies, guidelines and requirements and Florida laws and regulations including but not
limited to:
• Florida Administrative Code, Chapter 11 D -9, "Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program ": https: / /www.firules.org/
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: /Iwww.gpo.gov /fdsys/
0 2 CFR 175.15(b), "Award Term for Trafficking in Persons"
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.oip.usdoi.gov/BJA/granVoaq.html
• United States Code: http: / /www.gpo.gov /fdsys/
o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
• State of Florida General Records Schedule GS1 -SL for State and Local Government
Agencies: http://dlis.dos.state.fl.us/barm/genschedules/GSI-SL.pdf
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
SFY 2012 Page 1
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
and federal OMB Circular A -87, "Cost Principles for State, Local and Indian Tribal
Governments," or OMB Circular A -21, "Cost Principles for Educational Institutions."
b. All procedures employed in the use of federal funds for any procurement shall be according
to U.S. Department of Justice Common Rule for State and Local Governments, or OMB
Circular A -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 fifteen (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. Additional information may be required if necessary to
comply with federal reporting requirements.
(3) Submission: Performance Reports may be submitted by the Project Director, Application
Manager, or Performance Contacts.
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 (30) 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.
SFY 2012 Page 2
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
16J 6 '
Florida Department of Law Enforcement
(f) The report must be electronically signed by the subgrantee or implementing agency's
chief financial officer or the chief financial officer's designee.
(2) Financial Closeout Audit
(a) The Financial Closeout Audit shall be submitted to the Department within forty -five
(45) days of the subgrant termination date.
(b) The Financial Closeout Audit must be electronically signed by the subgrantee or
implementing agency's chief financial officer or the chief financial officer's designee.
(3) Project Generated Income (PGI)
(a) If applicable, the subgrant recipient shall submit Quarterly PGI Earnings and
Expenditures Reports to the Department within thirty (30) 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 submitting quarterly PGI reports until all funds are
expended. (See Item 10, Program Income.)
(b) PGI Earnings and Expenditures reports must be electronically signed by the
subgrantee or implementing agency's chief financial officer or the chief financial
officer's designee.
c. Other Reports
The subgrant 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. All payments must be completed within thirty (30) days of the end of
SFY 2012 Page 3
16J 6*1
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
the subgrant period.
7. Advance Funding
Advance funding may be provided to a subgrant recipient upon a written request to the
Department. The request must be electronically signed by the subgrantee or implementing
agency's chief financial officer or the chief financial officer's designee.
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 federal grant period end date. Any unexpended interest
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.
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.
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. PGI Earnings and Expenditures reports
must be electronically signed by the subgrantee or implementing agency's chief financial
officer or the chief financial officer's designee.
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. PGI budget requests must be signed by the subgrantee
or implementing agency's chief financial officer or the chief financial officer's designee.
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.
SFY 2012 Page 4
16J 6`1
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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
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 Grant No. (contact the Office of Criminal Justice Grants for award
number] awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a
component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics,
the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the
Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring,
Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of
the author and do not necessarily represent the official position or policies of the U.S. Department
of Justice."
16. Audit
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
SFY 2012 Page 5
Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16J 6
Florida Department of Law Enforcement
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."
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.
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.
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
SFY 2012 Page 6
Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16J 6
Florida Department of Law Enforcement
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,
(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 (Grant Adjustments)
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.
d. Requests for changes to the subgrant agreement must be electronically signed by the
SFY 2012 Page 7
Edward
e Memorial Justice Assistance GIrant (JAG
Florida Department of Law Enforcement
subgrantee or implementing agency's chief official or the chief official's designee.
16J 6
e. Any certifications required for the requested changes, such as Sole Source, ADP
Justification, Privacy Certification forms, and Confidential Funds certifications, must be
signed by the subgrantee or implementing agency chief official or someone with formal,
written signature authority for the chief official.
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 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 five (5) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons. The subgrant recipient shall comply with State of Florida
General Records Schedule GS1 -SL for State and Local Government Agencies:
http://dlis.dos.state.f1.us/barm/genschedufes/GS 1 -SL.odf.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
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25. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Officials for the
Subgrant recipient or Implementing Agency, project staff must notify the help desk for FDLE's
online grants management system, SIMON ( Subgrant Information Management Online). so that
the organization can be updated in SIMON. If the project director changes, a grant adjustment
must be entered in SIMON to reflect the change.
26. 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
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.
27. Drug Court Projects
A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court
Programs."
28. 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.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
29. 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 subgrant recipient may be
fined as per 42 U.S.C. 3789g(c) -(d). The subgrant 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. §
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 oip usdoi gov /about/ocr /eeol) 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.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
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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)
The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National
Historic Preservation Act, and other related federal environmental impact analyses
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 at http: / /www oiu usdoi aov /BJA/resource /neoa.html, for programs
relating to methamphetamine laboratory operations.
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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;
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
SFY 2012 Page 12
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Florida Department of Law Enforcement
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
The subgrant 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.
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.
Specific Requirements: The subgrant recipient understands and agrees that any program or
initiative involving the identification, seizure, or closUlre 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,
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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
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), 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
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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 htti): / /www.iep.gov.
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.
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
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.
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50. Human Research Subjects
Subgrant recipient 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 subgrant recipient to use the National Information Exchange Model (NIEM) specifications and
guidelines for this particular grant. Subgrant recipient shall publish and make available without
restriction all schemas generated as a result of this grant to the component registry as specified
in the guidelines. For more information on compliance with this condition, visit
http://www.niem.gov/implementationquide.i)hp.
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.
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. Subgrant recipient 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 htt / /www it oip aov /default asox ?area= policvAndPractice &page =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.
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Florida Department of Law Enforcement
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 subgrant recipient 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 "Equal Treatment Regulation "). The Equal Treatment Regulation provides in part that
Department of Justice grant awards of direct funding may not be used to fund any inherently
religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in
time or place from the Department of Justice funded program, and participation in such activities
by individuals receiving services from the grantee or a sub - grantee must be voluntary. The Equal
Treatment Regulation also makes clear that organizations participating in programs directly
funded by the Department of Justice are not permitted to discriminate in the provision of services
on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award,
faith based organizations may, in some circumstances, consider religion as a basis for
employment. See http://www.oip.c ov /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. All current and new task force members are required to complete this training once
SFY 2012 Page 17
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
during the life of the award, or once every four years if multiple awards include this requirement.
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).
64. Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable
Subgrant recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of any contract or subaward to either the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written
approval of OJP.
65. High Risk Subgrant Recipients
The subgrant recipient agrees to comply with any additional requirements that may be imposed
during the grant performance period if the U.S. Department of Justice determines that the
subgrant recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70.
66. Text Messaging While Driving
Pursuant to Executive Order 13513, Federal Leadership on Reducing Text Messaging While
Driving," 74 Fed. Reg. 51225 (October 1, 2009), the subgrant recipient is encouraged to adopt
and enforce policies banning employees from text messaging while driving any vehicle during the
course of performing work funded by this subgrant and to establish workplace safety policies and
conduct education, awareness, and other outreach to decrease crashes caused by distracted
drivers.
67. Central Contractor Registry (CCR)
The subgrant recipient must maintain the currency of its information in the CCR until it submits
the final financial report required under this award or receives the final payment, whichever is
later. This requires that the subgrant recipient review and update the information at least annually
after the initial registration, and more frequently if required by changes in its information or
another award term.
68. Maximum Allowable Salary
No portion of these federal grant funds shall be used towards any part of the annual cash
compensation of any employee of the subgrant recipient whose total annual cash compensation
exceeds 110% of the maximum salary payable to a member of the Federal government's Senior
Executive Service at an agency with a Certified SES Performance Appraisal System for that year.
(The salary table for SES employees is available at
http://www.opm.gov/oca/l Otables /indexSES.asp.)
(A subgrant recipient may compensate an employee at a higher rate, provided the amount in
excess of this compensation limitation is paid with non - federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual
basis at the discretion of the OJP official indicated in the program announcement under which this
award is made.
SFY 2012 Page 18
Application for Funding Assistance
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Florida Department of Law Enforcement
Justice Assistance Grant - Cou ty -wide
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
Signature:
Typed Name and Title:
Date:
Typed Name of Subgrant Recipient: Collier County Board of County Commission
Signature:
Typed Name and Title: Fred Coyle, C irman
Date:
1.k2$l12
Typed Name of Implementing Agency: Collier County Sheriff's office
Signature:
Typed Name and Title: Keyin J Vambosk, Sheriff
Date:
ATTEST:, : '� `` .
Q QR�C R Ap r W��O to form & legal sufficiency
Jeffratzkow
Depu tyCierk: Counrney
Attesrt as, to C41
2013 -JAGC -1875 Section #6 Page 1 of 1
Contract - JAGC -COLL- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enfprcement
Justice Assistance Grant - County -wide
Insert Certifications and Authorizations here.
Application Ref # 2013 -JAGC -1875
Contract - JAGC -COLL- - -
Rule Reference 11 D -9.008 OCJG -005 (rev. April 2005)
16J 69
Section #7 Page 1 of 1
16J 61
CERTIFICATION FORM
Recipient Name and Address:
Collier County Sheriff's Office, 3319 Tamiami Trail East, Naples, FL
- 34112
Child Abuse /Sexual Offender / 2013— JAGC- 187ptward Amount: $106#009.00
Grant Title: Sexual Predator Grant Numbs r:
Contact Person Name and Title: Andrea Marsh, Finance Director Phone Number: (239) 252 -0841
Federal regulations require recipients of financial assistance from the Office of Justice Programs (0.1P), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain 1 n; rile, I I e °iebul�tiois for review,
om�rec p tints from all of'
Employment Opportunity Plan (F,EOP) in accordance with 28 C.F.R §§
the EF;OP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an ESOP, 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
r COPS grants,
below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple UJP o
please complete a form for each grant, ensuring that any ESOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed fornt(s) to the Office for Civil Rights, Office of .lustice Programs,
U.S. Department of Justice, 810 7'h 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 ESOP Requirement. Please check all the bores that
❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe,
❑ Recipient is a non- profit organization, ❑ Recipient is an educational institution, or
U Recipient is a medical institution, U Recipient is receiving an award less than $25,000
[responsible official], certify that
I, __ _- - - -_ -- - -- - -- — -- — - - - - -- [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
(recipientj will comply with applicable Federal civil tights
laws that prohibit discrimination in employment and in the delivery of services.
— — -- -- - - - - -- Signature Date
Print or type Name and Title
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 snore, 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):
[responsible official], certify that
I, [recipient],which has 50 or more
the llier t
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. he
[organization],
the file in
the office of Collier Corult -" --
at 3319 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 or
Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations.
Ke_vin J. Rambosk Sheriff ----------- ---- -- -- -----------------------
---- - - - - --
------------ - - -� -- - -- - - -- Date
Print or type Name and Title
OMB Approval No. 1121 -0140 Expiration Date: 12/31/12
16J 6
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER ATSPONSIBILITlY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant P
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.
(b) Have not within a three -year period preceding this application
1. LOBBYING
been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28
obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of
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:
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
making of any federal grant, the entering into of any cooperative agreement, and
charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (1) (b) of
the extension, continuation, renewal, amendment, or modification of any federal
this certification; and
grant or cooperative agreement;
(d) Have not within athree -year period preceding this application
(b) If any funds other than federal appropriated funds have been paid or will be
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
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,
3. DRUG -FREE WORKPLACE
contracts under grants and cooperative agreements, and subcontracts) and that all
(GRANTEES OTHER THAN INDIVIDUALS)
subrecipients shall certify and disclose accordingly.
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
2. DEBARMENT, SUSPENSION, AND OTHER
at 26 CFR Part 67 Sections 67.615 and 67.620 -
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
A. The applicant certifies that it will or will continue to provide a drug -
free workplace by:
As required by Executive Order 12549, Debarment and Suspension, and
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
controlled substance is prohibited in the grantee's workplace and
A. The applicant certifies that it and its principals:
specifying the actions that will be taken against employees for
violation of such prohibition;
(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
(b) Establishing an on -going drug -free awareness program to inform
voluntarily excluded from covered transactions by any federal department or
employees about-
agency;
(i) 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;
FDLE JAG Grant Application Package Lobbying, Debarment Suspension, and Drug -Free Workplace Certification
Page 1
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistan a 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.
A copy of which should be included with each application for
under subparagraph (d) (2) from an employee or otherwise receiving actual notice
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
Check here If the State has elected to complete OJP Form
shall include the identification number(s) of each affected grant;
_
406117.
(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
(GRANTEES WHO ARE INDIVIDUALS)
including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or
As required by the Drug-Free Workplace Act of 1988, and
(2) Requiring such employee to participate satisfactorily in a drug abuse
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 CFR Part 67; Sections 67.615 and 67.620 -
State, or local health, law enforcement, or other appropriate agency;
A. As a condition of the grant, I certify that I will not engage in the
(g) Making a good faith effort to continue to maintain a drug -free workplace
unlawful manufacture, distribution, dispensing, possession, or use of
in any activity with the grant; and
through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
a controlled substance conducting
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
during the conduct of any grant activity, I will report the
performance of work done in connection with the specific grant:
occurring
conviction, in writing, within 10 calendar days of the conviction, to:
Place of Performance (Street address, city, county, state, zip code)
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, 3299 Tamiami Trail East, Naples, FL 34112
2. Project Name: Collier County Child Abuse /Sexual Offender /Sexual Predator
3. Typed Name and Title of Authorized Representative: Fred yle, Chairman
t-A
4. Signature: 5. Date:
ATTEST:
DIN HT E. BROOK, CLERK
Deputy cal r (. ,
U" .'U
611uhn
.app t� form & legal sufficiency
Icffir . Klatzkow
(' ounty . ttorney
FDLE JAG Grant Application Package Lobbying, Debarment Suspension, and Drug -Free Workplace Certification
Page 2
i
Board of Collier County Commissioners
Donna Fiala Georgia A. Hiller, Esq. Tom Henning
District 1 District 2 District 3
June 25, 2012
16J 6
Fred W. Coyle Jim Coletta
District 4 District 5
Mr. Clayton Wilder, Administrator
Office of Criminal Justice Grants
Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Dear Mr. Wilder:
In compliance with State of Florida Rule 11 D -9, F. .C., the Board of Collier County
Commissioners approves the distribution of $106,009 o the Edward Byrne Memorial JAG
Countywide FFY 2012 funds for the following project within Collier County:
SUBGRANTEE
Collier County
Sincerely,
Fred Coyle
Chairman
TITLE OF PROJECT
Child Abuse /Sexual Offender/
Sexual Predator Project
DOLLAR AMOUNT
$106,009
n
16J 6
LL j'1
JOHN F SOREY liI
MAYOR
May 14, 2012
Mr. Clayton H. Wilder, Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee FL 32308
RE: Collier County FFY 2012 County -Wide Byrne / JAG Application
Dear Mr. Wilder.
In compliance with State of Florida Rule IfV -j9, F.A.C., the City of
Naples approves the distribution of $106,009 of FFY 2012 Edward
Byrne Memorial JAG Program funds for the following project within
Collier County:
Subgrantee Title of Project Federal Funds
Collier County Child Abuse /Sexual Offelnder/ $106,009
Sexual Predator Project
Sincerely, _
John F. Sorey III
Mayor
I !:11111 1, I RI.I 1 `)( 111 • \ \I'1.1` \. I I ( )RID
I I l
1,10\1 i
16J
CERTIFICATE OF PARTICIPATION
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
Date: April 19, 2012
Mr. Clayton H. Wilder
Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Dear Mr. Wilder:
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:
•.u••
Title: Sheriff
E -mail address: haacolliersheriff _org
Agency: Collier County Sheriff's office
Address: 3319 Tamiami Trail East Naples, FL 34112 -4901
Telephone: 239- 252 -oaal _ County: r-ol i , nr
Date: April 19, 2012
Sincerely,
L II
Chair, Board of County Commissioners
OCJG -024 (Rev. May 2011)
ATTEST:
DWI (34T E, BROCK, C,_., , tt<
xtte~"i Ir.ft,
3ignature dA
Ap as-to form and legal sufficiency:
pr :
leffr latzkow
County Attorney
0
16J 6P".
MEMORANDUM
Date: October 3, 2012
To: Andrea Marsh, Finance Director
Collier County Sheriffs Office
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: 2012/2013 Byrne /Justice Assistance Grant (JAG)
Attached for further processing are one (1) original document referenced above
(Agenda Item #16J6) approved by the Board of County Commissioners on
Tuesday, April 24, 2012.
A copy of the grant application has been kept by the Minutes & Records
Department as part of the Boards Official Records.
If you have any questions, please call me at 252 -7240.
Thank you
Date:
To:
ITEM NO:
DATE RECEIVED:
FILE NO.:
ROUTED TO:
/ —
S 4F-601,5D
DO NOT WRITE ABOVE THIS SPACE
REQUEST FOR LEGAL SERVICES
(Please type or print)
September 27, 2011
16J 6'"
rHE
�� r" I _? t
Office of the County Attorney, Attention: Tammy Althouse.
From: Andrea Marsh
(Name)
Sheriff's Office
(Division)
Finance Director
(Title)
Finance Division
(Department)
Re: Byrne Memorial Justice Assistance Grant (JAG) Countywide grant application process
(Subject)
BACKGROUND OF REQUEST /PROBLEM:
(Describe problem and give background information - be specific, concise, and articulate).
#tbSb� On April 24, 2012, the BCC approved the execution of a Certification of Participation form and
authorized the Sheriff to submit a grant application for Justice Assistance Grant (JAG)
Countywide Program funding to the Florida Department of Law Enforcement. That was the
first step of a 3 -step process. In July 2012, Chairman Coyle and Sheriff Rambosk signed and
submitted the FDLE JAG application. In mid -Sept the BCC received a Certificate of
Acceptance of Subgrant Award for $106,009.00. Chairman Coyle needs to sign the award by
early October on behalf of the County as Subgrantee.
(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.)
The Countywide JAG application is submitted annually by the coordinating unit of government.
2011 review was 11 -SHF- 00112; 2012 review was 1 1-SHF-001 17.
ACTION REQUESTED:
(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.
�1
�o'y
INTEROFFICE MEMORANDUM
To: County Legal Department
Building F 8th Floor
From: Marien Ruiz
CCSO Grants Coordinator
Date: September 27, 2012
Subj: JAG Countywide Grant Contract
Attached please find the contract for the JAG Countywide grant. At the April 24, 2012 BCC
meeting, the Board agreed to submittal of the grant application for the Byrne /JAG countywide
grant to be used for the Child Abuse /Sexual Offender /Sexual Predator Project.
This request was Agenda Item 16.J.6. As the County Legal Department, your review is
needed before Chairman Fred Coyle can sign it.
The Byrne /JAG countywide grant award is $106,009.00 to pay a Detective salary and training.
The grant contract must be submitted to The Florida Department of Law Enforcement for the
funds to be received. Please contact me at 252 -0852 if you have any questions. Thank you
for your prompt attention to this request.
FILE
Florida Department of
Law Enforcement
Gerald M. Bailey
Commissioner
SEP 1 9 2012
Office of Criminal Justice Grants
Post Office Box 1489
Tallahassee, Florida 32302 -1489
(850) 617 -1250
www.fdle.state.fl.us
The Honorable Fred Coyle
Chairman
Collier County Board of Commissioners
3299 Tamiami Trail East
Naples, FL 34112
Re: Contract No. 2013 - JAGC - COLL -1 -D7 -098
Dear Chairman Coyle:
16J 6
Rick Scott, Governor
Pam Bondi, Attorney General
Jeff Atwater, Chief Financial Officer
Adam Putnam, Commissioner of Agriculture
The Florida Department of Law Enforcement is pleased to award an Edward Byrne
Memorial Justice Assistance Grant to your unit of government in the amount of
$ 106,009.00 for the project entitled, COLLIER COUNTY CHILD ABUSE /SEXUAL
OFFENDER/SEXUAL PREDATOR. These funds shall be utilized for the purpose of
reducing crime and improving public safety.
A copy of the approved subgrant application with the referenced contract number is
enclosed for your file. All correspondence with the Department should always refer to
the project number and title.
Your attention is directed to the Standard Conditions of the subgrant. Changes were
made after your application was received in this office. Therefore, the Standard
Conditions should be reviewed carefully by those persons responsible for project
administration to avoid delays in project completion and costs reimbursements.
The enclosed Certification of Acceptance should be completed and returned to the
Department within 30 calendar days from the date of award. This certificate constitutes
official acceptance of the award and must be received by the Department prior to the
reimbursement of any project expenditures.
Committed to
Service - Integrity - Respect - Quality
16J 6
The Honorable Fred Coyle
Page Two
We look forward to working with you on this project. If we can be of further assistance,
please contact Janice Parish at 850/617 -1250.
Sincerely,
Lk LU"- -1
C a&oAnf'Hv--A-d er
Administrator
CHW /JP /st
Enclosures
• • `::emu
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 2013 - JAGC - COLL -1 -D7 -098, in the amount of
$ 106,009.00, for a project entitled, COLLIER COUNTY CHILD ABUSE /SEXUAL
OFFENDER/SEXUAL PREDATOR, for the period of 10/01/2012 through 09/30/2013,
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.
w. C�
(Signature of Subgrantee's Authoriz Official)
Fred Coyle, Chairman
(Typed Name and Title of Official)
Collier County Board of Commissioners
(Name of Subgrantee)
J sa C o 12
(Date of A (iceptance)
ATF V::::'
t'JlG4-i�; BROCK.LRK
pepu(y�;1er�,'
Att stA ea.-to"COatnA*
{ 1gniiet W�'4
Rule Reference 11 D -9.006 OCJG -012 (Rev. October 2005)
16J 61
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
SUBGRANT AWARD CERTIFICATE
Subgrantee: Collier County Board of Commissioners
Date of Award: 9- 19 - t -L-
Grant Period: From: 10/01/2012 TO: 09/30/2013
Project Title: COLLIER COUNTY CHILD ABUSE /SEXUAL OFFENDER/SEXUAL
PREDATOR
Grant Number: 2013 - JAGC - COLL -1 -D7 -098
Federal Funds: $ 106,009.00
State Agency Match:
Local Agency Match: $ 0.00
Total Project Cost: $ 106,009.00
CFDA Number: 16.738
Award is hereby made in the amount and for the period shown above of a subgrant
under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-
351, as amended, and the Anti -Drug Abuse Act of 1988, P.L. 100 -690, to the above
mentioned subgrantee and subject to any attached or special conditions.
This award is subject to all applicable rules, regulations, and conditions as contained
in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D,
Office of Justice Programs, Common Rule for State and Local Governments and A-
87, or OMB Circulars A -110 or A -102, as applicable, and A -21, in their entirety. It is
also subject to such further rules, regulations and policies as may be reasonably
prescribed by the State or Federal Government consistent with the purposes and
authorization of P.L. 90 -351, as amended, and P.L. 100 -690.
16J 61
SUBGRANT AWARD CERTIFICATE (CONTINUED)
This grant shall become effective on the beginning date of the grant period provided
that within 30 days from the date of award, a properly executed Certificate of
Acceptance of Subgrant Award is returned to the Department.
Authorized 10fficial
Clayton H. Wilder
Administrator
Date
This award is subject to special conditions (attached).
16J b"
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
SPECIAL CONDITION(S) / GENERAL COMMENT(S)
Grantee: Office of Criminal Justice Grants
Grant Number: 2013 - JAGC- COLL -1 -D7 -098
Grant Title: COLLIER COUNTY CHILD ABUSE /SEXUAL OFFENDER/SEXUAL
PREDATOR
In addition to the general conditions applicable to fiscal administration, the grant is
subject to the following Special Condition(s) /General Comment(s):
Ref# S22184: Prior to the drawdown of federal funds for Salaries and Benefits, the
Salaries and Benefits budget category must be at a zero balance on Subgrant
Number 2012 - JAGC - COLL -1 -C4 -125.
161
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Subgrant Recipient
Organization Name: Collier County Board of Commissioners
County: Collier
Chief Official
Name: Fred Coyle
Title: Chairman
Address: 3299 Tamiami Trail East
City:
Naples
State:
FL Zip: 34112
Phone:
239 - 252 -8097 Ext:
Fax:
Email:
FredCoyle @colliergov.net
Chief Financial Officer
Name:
Dwight Brock
Title:
Clerk of the Circuit Court
Address:
3299 Tamiami Trail East
City:
Naples
State:
FL Zip: 34112
Phone:
239 - 252 -2745 Ext:
Fax:
23t) 252 -2755
Email: Dwight. Brock @collierclerk.com
Application Ref # 2013 -JAGC -1875 Section #1 Page 1 of 2
Contract 2013 - JAGC - COLL -I -D7 -098
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Implementing Agency
Organization Name: Collier County Sheriffs Office
County: Collier
Chief Official
Name: Kevin Rambosk
Title:
Sheriff
Address:
3319 Tamiami Trail East
City:
Naples
State:
FL Zip: 34112 -4901
Phone:
239- 252 -0554 Ext:
Fax:
239 - 793 -9104
Email:
wendychaffee @colliersheriff.org
Project Director
Name: Kenneth Becker
Title:
Sergeant
Address:
3319 Tamiami Trail East
City:
Naples
State:
FL Zip: 34112
Phone:
239 - 793 -9169 Ext:
Fax:
239 - 793 -9104
Email:
svbsgt @colliersheriff.net
Application Ref # 2013 -JAGC -1875
Contract 2013 - JAGC - COLL -I -D7 -098
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Section #1 Page 2 of 2
Application for Funding Assistance
16J 6
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 Sheriff's Office
Project Start Date: 10/1/2012 End Date: 9/30/2013
Problem Identification
The problem this project is targeting 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 unknown criminal offenders. With continued
population growth, and the transient nature of sexual predators and sexual offenders, incidents of
these crimes against children have been on the rise.
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. 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.
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 residential address checks of these offenders. 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. On July 11, 2011,
the numbers had increased to 210 registered sex offenders and 17 sexual predators registered in
Collier County for a total of 227 offenders /predators. In December 2011 the number of sex
offenders was 204 and the number of sexual predators was 19 for a total of 223. In 2011 the
monthly average for sex offenders was 193 and the monthly average for sexual predators was 16
for a total monthly average for both categories of 209.
CCSO routinely encounters out -of -area sex offender individuals 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 be arrested or identified as
residing in Collier 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 registered
sex offenders.
The CCSO's specialized detective bureau responsible for investigating reported crimes against
children, missing children, sexual battery (on adults and children) and
Application Ref # 2013 -JAGC -1875
Contract 2013- JAGC - COLL -I -D7-
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Section #2 Page 1 of 5
Application for Funding Assistance
16.E 61
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
implementing this Child Abuse /Sexual Offender /Sexual Predator grant, is the Special Victims Unit
and the Exploitation Unit. These grant funds are needed to maintain the current Byrne /JAG Child
Abuse /Sexual Offender /Sexual Predator Detective position that is currently funded through
September 30, 2012.
The Special Victims Unit (SVU) and Exploitation Unit's (EU) responsibility covers child crime
investigations and offender tracking county-wide. Collier County is the largest county in Florida at
2,025 square miles. The 2010 Census reflects a year -round population of 321,520. The County
estimates the peak season population at 389,149. In addition, Collier County welcomes over 1
million visitors /tourists annually. As the year round and seasonal population has increased,
CCSO has also seen an increase in child abuse, sexual offender, and sexual predator related
cases. According to 2009 American Community Survey, children under 5 years old account for
6.5 % of population with children and youth under 18 increasing to 22.6 percent of the total county
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 will be registering as sexual predators and sex offenders, resulting in an increase in
the volume of offenders and predators to be monitored.
The Special Victims Unit's 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
2010 cases: 2,757
2011 cases: 2,915
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
Cases per month: 230 /month
Cases per month: 243 /month
Crimes where children are the primary victims constitute a greater proportion of investigative
cases and involve many forms of abuse and neglect. 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 require the agency to
have skilled staff dedicated to this critical issue.
Project Summary (Scope of Work)
The Collier County Sheriff's Office (CCSO) proposes to increase its efforts with the enhancement
and expansion of the Child Abuse /Sexual Offender /Sexual Predator project
Application Ref # 2013 -JAGC -1875
Contract 2013 - JAGC - COLL -I -D7-
Rule Reference 110-9.006 OCJG -005 (rev. April 2005)
Section #2 Page 2 of 5
Application for Funding Assistance 16J 6
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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 Child Abuse /Sexual Offender /Sexual Project with $106,009 to cover the personnel costs to
maintain one Detective and to cover training costs and some overtime costs.
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 objective of this project is to safeguard the entire Collier County community, with the 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 toward the development of strategies and improved methods of
targeting sexual offenders and sexual predators committing crimes against children. The CCSO
grant funded Detective 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. In May 2011, the detective had 66 sexual offender /sexual predator physical address
checks and attempted an additional 25 contacts. At the end of 2011, the detective had 694 sexual
offender physical address checks, 170 sexual predator physical address checks and attempted an
additional 486 contacts.
The grant funded detective will 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 also allow the detective to survey areas
where undocumented sex offenders prey upon children. The Detective will also serve as liaison
with the Department of Corrections (DOC) and other law enforcement agencies (local, state and
federal) to identify the movements of transient offenders, who might not be registered in Collier
County, as they move between jurisdictions. The Detective will also prepare material for the
training of CCSO Deputies on the laws and requirements pertaining to sex offenders /predators.
This training can result in expanding the potential for apprehension and prosecution of offenders
committing crimes against children in Collier County.
Another 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.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 safety events, public service
announcements, radio talk shows, newspaper articles, presentations and visits with Neighborhood
Watch groups, and public presentations at schools and churches, as resources allow. Efforts will
continue to focus on ideas to help children and families stay safe such as Internet child safety
Application Ref # 2013 -JAGC -1875
Contract 2013 - JAGC - COLL -I -D7-
Rule Reference 11 D -9.006 CCJG -005 (rev. April 2005)
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
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. These public safety events will also provide
opportunities for fingerprinting of children and distribution of DNA kits.
CCSO will 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 address compliance 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 more often than
required by Florida law. Through continued grant support and other resources, sex offenders will
be checked quarterly rather than annually, and sexual predators will be checked monthly rather
than quarterly.
Byme /JAG countywide funds are needed to maintain one Detective to provide coverage on cases
dedicated to the investigation, apprehension, and prosecution of sex offenders and predators,
along with other child crimes. To continue supporting this initiative and increase the positive
outcomes of this program, grant funds of $106,009 are requested to cover the payroll, overtime
and benefits cost associated with this position dedicated to protecting children throughout this
large and diverse community. Grant funds will also be used to cover training costs and some
overtime costs.
Application Ref # 2013 -JAGC -1875
Contract 2013 - JAGC - COLL -I -D7-
Rule Reference 11 D -9.006 CCJG -005 (rev. April 2005)
Section #2 Page 4 of 5
Application for Funding Assistance
16j 64
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
Question: Part 1: In your business or organization's preceding completed fiscal year, did your
business or organization (the subgrantee) receive (1) 80 percent or more of your
annual gross revenues in U.S. federal contracts, subcontracts, loans, grants,
subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual
gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants,
and/or cooperative agreements? If yes, answer "yes" or "no" to Part 2, below.
Answer: No
Question: Part 2: Does the public have access to information about the compensation of the
executives in your business or organization (the subgrantee) through periodic reports
filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? If answer to
Part 1, above, was "no," answer N /A.
Answer: N/A
Application Ref # 2013 -JAGC -1875
Contract 2013 - JAGC- COLL -I -D7-
Rule Reference 11 D -9.006 OCJG•005 (rev. April 2005)
Section #2 Page 5 of 5
Application for Funding Assistance 16J
PP 9
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 - Accomplishments: Includes any accomplishments during the
reporting period.
Activity Description
Activity: Law Enforcement
Target Group: Sex Offenders
Geographic Area: Urban
Location Type: Sheriff Office
Address(es) :
Collier County Sheriffs Office
3319 Tamiami Trail East
Naples, FL 34112
Objectives and Measures
Objective: Al - Report on program accomplishments
Measure: Part 1
Please briefly describe what your program's accomplishments will be. Please
include any benefits or changes to be observed as a result of JAG - funded activities,
such as program completion, or changes in attitudes, skills, knowledge, or
conditions. [500- character limit]
Goal: The estimated number of individuals (by related crimes) to be arrested for the
targeted crime is projected to be 60. The estimated number of individuals to be
arrested for the targeted crime during each reporting period is 15. It is expected that
the number of induviduals arrested will increase because of our efforts. This project
will target sexual predators and sexual offenders.
Objective: A2 - Report on usage of crimesolutions.gov Website
Measure: Part 1
Will you be using the crimesolutions.gov website?
Goal: No
Objective: A3 - Report on subgrants from grantees other than FDLE
Measure: Part 1
Are you a subrecipient of a JAG award from another JAG grantee (other than
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Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
FDLE)? A Grantee can be a primary recipient of a JAG award from BJA and a
subrecipient of a JAG award from another JAG award primary recipient.
Goal: Yes
Measure: Part 2
If yes, enter grantee organization or agency name.
Goal: Collier County Board of County Commissioners
State Purpose Area: B - Training: Activities where transferring of skills and knowledge
occurs, including training by the organization of its own staff, training by
the organization of individuals from other organizations, or training of
the organization's staff by others.
Activity: Training
Target Group: Training
Geographic Area: Urban
Location Type: Other
Activity Description
Objectives and Measures
Objective: B1 - Report on JAG funding allocated for training
Measure: Part 1
How much JAG funding has been allocated for training? This includes sending staff
to training and training sponsored by the JAG - funded agency. Please report in
dollars ($).
Goal: $9,436
Objective: B2 - Provide Training
Measure: Part 3
How many individuals will you train? This includes training to be received by
individuals within your organization and to be provided by your organization.
Trainings may be held within or outside of your organization. Report the total number
of individuals to be trained, not the number of trainings he or she will attend. Only
report each individual once.
Goal: 4
Measure: Part 4
Of those trained how many individuals will be from within your organization?
Goal: 0
Application Ref # 2013 -JAGC -1875
Contract 2013 - JAGC - COLL -I -D7-
Rule Reference 110-9.006 OCJG -005 (rev. April 2005)
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Application for Funding Assistance 16J 6
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Objective: B5 - Complete Training Hours
Measure: Part 4
How many training hours will be completed? This includes training completed by
individuals within your organization and provided to individuals outside the
organization.
Goal: 156
Measure: Part 5
Of the training hours, how many hours will be completed by individuals within your
organization?
Goal: 156
State Purpose Area: D - Personnel: Includes activities where individuals are hired,
maintained, or paid overtime.
Activity Description
Activity: Personnel
Target Group: Personnel
Geographic Area: Urban
Location Type: Sheriff Office
Address(es) :
Collier County Sheriffs Office
3319 Tamiami Trail East
Naples , FL 34112
Objectives and Measures
Objective: D1 - Report on JAG funding allocated for personnel
Measure: Part 1
How much JAG funding has been allocated for personnel? Please report in dollars
M.
Goal: $96,573.00
Objective: D2 - Maintain personnel with JAG funds
Measure: Part 1
How many personnel will you maintain with JAG funds during the reporting period?
Maintained personnel means any staff members who were already working with the
law enforcement organization, but who are now being paid partially or fully with BJA
JAG grant funds. Only report each individual as maintained once for the life of the
award.
Application Ref # 2013 -JAGC -1875
Contract 2013 - JAGC - COLL -I -D7-
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
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Application for Funding Assistance 16J 6
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Goal: 1
Objective: D4 - Pay overtime hours with JAG funds
Measure: Part 1
How many overtime hours will be paid for with JAG funds? Overtime hours are those
that non - exempt employees work beyond normal working hours (usually 40) during a
workweek.
Goal: 125
Measure: Part 2
What types of positions will be supported with overtime hours using JAG funds? In
your response, please list all that apply from the following choices: Admin. Staff,
Correctional Officers & Jailers, Counselors, Court Staff, Evaluators, Law
Enforcement Officers, Legal Staff (defense attorneys, prosecutors, indigent defense),
Program Managers, Trainers & Technical Assistance Specialists, Non -sworn Law
Enforcement Personnel, Crime Analysts, Civilian Personnel, Other. If other, please
specify.
Goal: Law Enforcement Officers
Application Ref # 2013 -JAGC -1875
Contract 2013- JAGC - COLL -I -D7-
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
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Section Questions:
Question: If 'other" was selected for the geographic area, please describe.
Answer: N/A
Question: If 'other" was selected for location type, please describe.
Answer: N/A
Application Ref # 2013 -JAGC -1875 Section #3 Page 5 of 5
Contract 2013- JAGC - COLL -I -D7-
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Application for Funding Assistance 16J 1
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: Quarterly
Is the subgrantee a state agency ?: No
FLAIR / Vendor Number: 596000558
Budget:
Budget Category
Federal
Match
Total
Salaries and Benefits
$96,573.00
$0.00
$96,573.00
Contractual Services
$0.00
$0.00
$0.00
Expenses
$9,436.00
$0.00
$9,436.00
Operating Capital
$0.00
$0.00
$0.00
Outlay
Indirect Costs
$0.00
$0.00
$0.00
— Totals —
$106,009.00
$0.00
$106,009.00
Percentage
100.0
0.0
100.0
Project Generated Income:
Will the project earn project generated income (PGQ ? No
Application Ref # 2013 -JAGC -1875 Section #4 Page 1 of 4
Contract 2013- JAGC - COLL -I -D7-
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Application for Funding Assistance 16J 6
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
r
Budget Narrative:
Salaries and Benefits $96,573:
Total Salary and Benefits for 1 Detective position = $90,329.70
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 (including education incentive) for the grant
funded Deputy is $58,897.40. Benefits charged to the grant are listed above and total $31,432.30.
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 will 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 Detective position = $57,457.40
Education Incentive = $1,440.00
FICA @ 7.65% = $4,308.28
Retirement @ 15.97% blended = $9,598.93
Health /Dental Insurance = $14,931.60
Life /Dis. @ 0.27% = $155.14
W/C @ 4.14% = $2,438.35
Overtime for Child Abuse /Sexual Offender /Sexual Predator team members = $6,243.30
The overtime will be for the grant funded position and/or other deputies of the Major Crimes
Bureau needed to cover Child Abuse /Sexual Predator /Sexual Offender cases.
125 hours @ $39.52/hour = $4,940.00
FICA @ 7.65% = $377.91
Retirement 0 15.97% blended = 788.93
W/C @ 4.14% = $136.46
Contractual Services $ 0
Expenses $ 9,436
Training = $9,436.00
Advanced specialized training is needed for the grant funded Detective and Major Crimes Bureau
Deputies ( including civilian personnel)working on child abuse /sexual offender /sexual predator
cases. Prior approval is being requested for the grant funded Detective and Major Crimes Bureau
Deputies to attend the following trainings:
Two Detectives to Attend Crimes Against Children Conference: $2,930.00
Application Ref # 2013 -JAGC -1875
Contract 2013 - JAGC - COLL -I -D7-
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
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Budget Narrative (Continued):
Estimated costs include registration @ $1,000; per diem @ $520; airfares @ $800; and lodging
$610.
Four Detectives to Amber Training Fox Valley Training: $2,176
Estimated costs include per diem @ $776; and airfare @ $1,400. Lodging and registration costs
are covered by the trainer.
One Computer Crimes Investigator to attend Apple Forensic Training: $4,330
Estimated costs include registration @ $2,300; per diem @ $220; car rental @ $310; airfare
$400; and lodging @ $1,100.
Operating Capital Outlay $ 0
Indirect Costs $ 0
TOTAL = $106,009
Application Ref 4 2013 -JAGC -1875 Section #4 Page 3 of 4
Contract 2013- JAGC - COLL -I -D7-
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
Application for Funding Assistance
16J
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: Yes
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 sheriff's office.
Answer: $1,000. There are no capital requests in this grant.
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: N/A
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: N/A
Application Ref # 2013 -JAGC -1875
Contract 2013 - JAGC - COLL -I -D7-
Rule Reference 110-9.006 OCJG -005 (rev. April 2005)
Section #4 Page 4 of 4
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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 18 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) (www.oap.usdoe .gov /financiaiguide / index.htm) and
the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance
( www.bia.gov /ProgramDetails.aspx ?Program ID =59 ) 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 ": www.firules.org/
Office of Management and Budget (OMB) Circulars: 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: www.gpo.gov /fdsys/
0 2 CFR 175.15(b), "Award Term for Trafficking in Persons"
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: www.bia. gov /ProgramDetails.aspx ?Program ID =59.
• United States Code: www.gpo.gov /fdsys/
o 42 L S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
• State of Florida General Records Schedule GS1 -SL for State and Local Government
Agencies: dlis. dos. state. fl. us /barm /genschedules /GS1- SL.pdf.
/2. Requirements for Contractors of Subgrant Recipients
The subgrant recipient assures 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 (42 U.S.C. 3711
et seq. at www.gpo.gov /fdsys /); the provisions of the current edition of the Office of Justice
Programs Financial Guide (www.oip.usdoo.gov/financialquide/index.htm); and all other applicable
State and Federal laws, orders, circulars, or regulations.
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3. 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
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.
4. 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 fifteen (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 18, 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. Additional information may be required if necessary to
comply with federal reporting requirements.
(3) Submission: Performance Reports may be submitted by the Project Director, Application
Manager, or Performance Contacts.
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 (30) 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
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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.
(f) The report must be electronically signed by the subgrant recipient or implementing
agency's chief financial officer or the chief financial officer's designee.
(2) Financial Closeout Audit
(a) The Financial Closeout Audit shall be submitted to the Department within forty-five
(45) days of the subgrant termination date.
(b) The Financial Closeout Audit must be electronically signed by the subgrant recipient
or implementing agency's chief financial officer or the chief financial officer's
designee.
(3) Project Generated Income (PGI)
(a) If applicable, the subgrant recipient shall submit Quarterly PGI Earnings and
Expenditures Reports to the Department within thirty (30) 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 submitting quarterly PGI reports until all funds are
expended. (See Item 11, Program Income.)
(b) PGI Earnings and Expenditures reports must be electronically signed by the subgrant
recipient or implementing agency's chief financial officer or the chief financial officer's
designee.
c. Other Reports
The subgrant recipient shall report to the Uniform Crime Report and other reports as may be
reasonat !y required by the Department.
5. Fiscal Control and Fund Accounting Procedures
a. 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.
b. The subgrant recipient is required to establish and maintain adequate accounting systems
and financial records and to accurately account for funds awarded to them. As a subgrant
recipient, you must have a financial management system in place that is able to record and
report on the receipt, obligation, and expenditure of grant funds. An adequate accounting
system for a subgrant recipient must be able to accommodate a fund and account structure
to separately track receipts, expenditures, assets, and liabilities for awards, programs, and
subgrant recipients.
c. All funds spent on this project shall be disbursed according to provisions of the project
budget as approved by the Department.
d. All funds not spent according to this agreement shall be subject to repayment by the
subgrant recipient.
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6. 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.
7. 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.4AII payments must be completed within thirty (30) days of the end of
the subgrant period.
8. Advance Funding
Advance funding may be provided to a subgrant recipient upon a written request to the
Department. The request must be electronically signed by the subgrant recipient or implementing
agency's chief financial officer or the chief financial officer's designee.
9. 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 federal grant period end date. Any unexpended interest
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.
10. 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.
11. 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. PGI Earnings and Expenditures reports
must be electronically signed by the subgrant recipient or implementing agency's chief
financial officer or the chief financial officer's designee.
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. PGI budget requests must be signed by the subgrant
recipient or implementing agency's chief financial officer or the chief financial officer's
designee.
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.
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12. 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. A detailed justification must be submitted to and approved by FDLE prior
to obligation or expenditures of such funds. 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.
13. 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.
14. 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.
15. Copyright
The awarding agency reserves a royalty -free non - exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
16. 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 Grant No. [contact the Office of Criminal Justice Grants for award
number) awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a
component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics,
the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the
Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring,
Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of
the author and do not necessarily represent the official position or policies of the U.S. Department
of Justice."
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Florida Department of Law Enforcement
17. 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.
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
18. 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
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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.
19. Commencement of Project
a. If a project is not operational within 60 days of the original start date of the award period, the
subgrant recipient 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
subgrant recipient 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.
20. Excusable Delays
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,
(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.
21. Written Approval of Changes in this Approved Agreement (Grant Adjustments)
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.
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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.
d. Requests for changes to the subgrant agreement must be electronically signed by the
subgrant recipient or implementing agency's chief official or the chief official's designee.
e. Any certifications required for the requested changes, such as Sole Source, ADP
Justification, Privacy Certification forms, and Confidential Funds certifications, must be
signed by the subgrant recipient or implementing agency chief official or someone with
formal, written signature authority for the chief official.
22. 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
responsr- 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.
23. 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.
24. 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 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.
25. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of five (5) years from
the date of the final financial statement and be available for audit and public disclosure upon request
of duly authorized persons. The subgrant recipient shall comply with State of Florida General
Records Schedule GS1 -SL for State and Local Government Agencies:
dlis. dos. state. fl. us /barm /genschedules /GS 1 -SL. Pd f.
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26. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Officials for the
Subgrant recipient or Implementing Agency, project staff must notify the help desk for FDLE's
online grants management system, SIMON ( Subgrant Information Management Online) so that
the organization can be updated in SIMON. If the project director changes, a-grant adjustment
must be entered in SIMON to reflect the change.
27. 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
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.
28. Drug Court Projects
A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court
Programs."
29. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic imparts such as increased court dockets and the need for detention space.
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30. 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 subgrant recipient may be
fined as per 42 U.S.C. 3789g(c) -(d). The subgrant recipient may not satisfy such a fine with
federal funds.
31. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of 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.
32. Civil Rights Compliance
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, implementing agencies, and contractors 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.
§ 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. FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability,
or age in the delivery of services or benefits or in employment.
c. Subgrant recipients are responsible for ensuring that contractors, vendors, and agencies to
whom they pass- through funds are in compliance with all Civil Rights requirements and that
the contractors, vendors, and agencies are aware that they may file a discrimination
complaint with the subgrant recipient, with FDLE, or with the Office for Civil Rights and how to
do so.
d. Equal Employment Opportunity Plans
(1) 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
www.00p.usdoi.gov /about/ocr /eeop comply.htm, must be retained by the subgrant
recipient or implementing agency, and must be available for review or audit. The
organization must also submit an EEO Certification to FDLE.
(2) 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.
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(3) 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.
(4) 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.
e. In the event a Federal or State court or 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 FDLE and to the Office for Civil Rights, Office of Justice Programs.
/f. In accordance with federal civil rights laws, the subgrant recipient shall not retaliate against
individuals for taking action or participating in action to secure rights protected by these laws.
Subgrant recipients must include comprehensive Civil Rights /Nondiscrimination Provisions in
all contracts funded by the subgrant recipient.
✓h. If the subgrant recipient or any of its employees, contractors, vendors, or program
beneficiaries has a discrimination complaint, they may file a complaint with the subgrant
recipient, with FDLE or with the Office for Civil Rights. Discrimination complaints may be
submitted to FDLE at Office of the Inspector General, P.O. Box 1489, Tallahassee, Florida
32302 -1489 or on -line at www.fdle.state.fl.us /contacts /comment form.html. Discrimination
complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7'h Street, NW, Washington, DC 20531, by phone at
(202)307 -0690.
✓ i. The subgrant recipient must have procedures in place for responding to discrimination,
complaints that employees and clients, customers, and program participants file directly with
the subgrant recipient.
j. Any discrimination complaints file with FDLE will be reviewed by FDLE's Inspector General
and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the
Equal Employment Opportunity Commission, based on the nature of the complaint.
k. 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 II), public
accommodations (Title III), and telecommunications (Title IV).
I. 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 www.lep.gov.
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m. Equal Treatment for Faith Based Organizations
The subgrant recipient 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 "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
www.oip.gov /about/ocr /equal fbo.htm.
33. 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.
34. 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
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
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Florida Department of Law Enforcement
agrees to the requirements for implementation of a Mitigation Plan, as detailed by the
Department of Justice at www.bia.gov /Funding /nepa.html , 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.
35. 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;
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.
36. 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
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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 subgrant recipients
shall certify and disclose accordingly.
37. State Restrictions on Lobbying
In addition to the provisions contained in Item 36, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
38. Additional Restrictions on Lobbying
The subgrant 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. .
39. "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.
40. 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.
SFY 2013 Page 14
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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
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.
41. 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.
SFY 2013 Page 15
Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16J 6
Florida Department of Law Enforcement
42. 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.
Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
43. 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
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.
44. 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.
45. 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).
46. Human Research Subjects
Subgrant recipient 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.
,/47. Global Standards Package
In order to promote information sharing and enable interoperability among disparate systems
across the justice and public safety community, OJP requires the grantee to comply with DOJ's
Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for
this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all
constituent elements, where applicable, as described at: www.it.oip.gov /qsp grantcondition.
Grantee shall document planned approaches to information sharing and describe compliance to
the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
48. 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 FDLE.
SFY 2013 Page 16
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
16J
Florida Department of Law Enforcement
49. Privacy Certification
The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section
37898 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or
information. Subgrant recipient 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.
50. 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 subgrant 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
www.it.o*P.gov /defauIt.aspx? area= policyAndPractice &page =1046.
51. 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.
52. 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.
53. 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.
54. 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.
55. 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.
56. Certification for Employees Working Solely on a Single Federal Award
Any project staff that are fully or partially funded by the grant and that are expected to work solely
on 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.
SFY 2013 Page 17
0
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
16J 6
Florida Department of Law Enforcement
✓57. Additional Documentation of Personnel for Department of Financial Services
In accordance with Section 215.971, Florida Statutes, the Florida Department of Financial
Services may require documentation validation that personnel services were performed on
project related activities in accordance with the contract agreement.
58. 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
59. Task Force Training Requirement
The subgrant recipient agrees that within 120 days of award, each member of a law enforcement
task force funded with these funds who is a task force commander, agency executive, task force
officer, or other task force member of equivalent rank, will complete required online (internet-
based) task force training. The training is provided free of charge online through BJA's Center for
Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are
required to complete this training once during the life of the award, or once every four years if
multiple awards include this requirement. This training addresses 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 is available regarding this required training and access methods via BJA's web site
and the Center for Task Force Integrity and Leadership (www.ctfli.org).
60. Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable
Subgrant recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of any contract or subaward to either the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written
approval of OJP.
61. High Risk Subgrant Recipients
The subgrant recipient agrees to comply with any additional requirements that may be imposed
during the grant performance period if the U.S. Department of Justice determines that the
subgrant recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70.
62. Text Messaging While Driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving," 74 Fed. Reg. 51225 (October 1, 2009), the subgrant recipient is encouraged to adopt
and enforce :,:)licies banning employees from text messaging while driving any vehicle during the
course of performing work funded by this subgrant and to establish workplace safety policies and
conduct education, awareness, and other outreach to decrease crashes caused by distracted
drivers.
63. Central Contractor Registry (CCR)
The subgrant recipient must maintain the currency of its information in the CCR until it submits
the final financial report required under this award or receives the final payment, whichever is
later. This requires that the subgrant recipient review and update the information at least annually
after the initial registration, and more frequently if required by changes in its information or
another award term.
SFY 2013 Page 18
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
64. Maximum Allowable Salary
No portion of these federal grant funds shall be used towards any part of the annual cash
compensation of any employee of the subgrant recipient whose total annual cash compensation
exceeds 110% of the maximum salary payable to a member of the Federal government's Senior
Executive Service at an agency with a Certified SES Performance Appraisal System for that year.
(The salary table for SES employees is available at http: / /www.opm.gov /oca /payrates /index.asp.
A subgrant recipient may compensate an employee at a higher rate, provided the amount in
excess of this compensation limitation is paid with non - federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual
basis at the discretion of the OJP official indicated in the program announcement under which this
award is made.
65. DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database
If JAG program funds will be used for DNA testing of evidentiary materials, any resulting eligible
DNA profiles must be uploaded to the Combined DNA Index System (CODIS), by a government
DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any
other non - governmental DNA database without prior express written approval from BJA. For
more information, refer to the NIJ FY 2012 DNA Backlog Reduction Program, available at
ncirs.gov /pdffiles 1 /nii /s1000989. pdf.
J66. Interoperable Communications Guidance
Subgrant recipients that are using funds to support emergency communications activities must
comply with the current SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable communications.
Emergency communications activities include the purchase of Interoperable Communications
Equipment and technologies such as voice - over - internet protocol bridging or gateway devices, or
equipment to support the build out of wireless broadband networks in the 700 MHz public safety
band under the Federal Communications Commission (FCC) Waiver Order. SAFECOM guidance
can be found at www.safecomprogram.gov /library /lists /library /DispForm.aspx ?ID =334.
Subgrant recipients Grantees interested in developing a public safety broadband network in the
700 MHz band in their jurisdictions must adhere to the technical standards set forth in the FCC
Waiver Order, or any succeeding FCC orders, rules, or regulations pertaining to broadband
operations in the 700 MHz public safety band. The subgrant recipient shall also ensure projects
support the Statewide Communication Interoperability Plan (SCIP) and are fully coordinated with
the full -time Statewide Interoperability Coordinator (SWIC). If any future regulatory requirement
(from the FCC or other governmental entity) results in a material technical or financial change in
the project, the recipient should submit associated documentation, and other material, as
applicable, for review by the SWIC to ensure coordination. Subgrant recipients must provide a
listing of all communications equipment purchased with grant award funding (plus the quantity
purchased of each item) to FDLE once items are procured during any periodic programmatic
progress reports.
67. Bulletproof Vests
Subgrant recipients that wish to purchase vests with JAG funds must certify that law
enforcement agencies receiving vests have a written "mandatory wear' policy in effect. This
policy must be in place for at least all uniformed officers before funding can be used by the
agency for vests. There are no requirements regarding the nature of the policy other than it being
a mandatory wear policy for all uniformed officers while on duty. FAQs related to the mandatory
wear policy and certifications can be found at www.b*a.-gov /Funding /JAGFAQ.pdf.
JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the
50% match for purposes of the Bulletproof Vest Partnership (BVP) program.
SFY 2013 Page 19
16J 6"
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
Bulletproof vests purchased with JAG funds may be purchased at any threat level, make, or
model from any distributor or manufacturer, as long as the vests have been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards. In addition,
bulletproof vests purchased must be American -made. The latest NIJ standard information can be
found at: www.nii.gov/ topics /technology /body- armor /safety - initiative.htm.
68. BJA or FDLE Sponsored Events
The subgrant recipient agrees to participate in BJA- or FDLE- sponsored training events, technical
assistance events, or conference held by FDLE or BJA or their designees, upon FDLE's or BJA's
request.
J 69. Expenses Related to Conferences, Meetings, Trainings, and Other Events
The subgrant recipient agrees to comply with all applicable laws, regulations, policies, and
guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences, meetings,
trainings, and other events, including the provision of food and /or beverages at such events, and
costs of attendance at such events. Information on pertinent laws, regulations, policies, and
guidance is available at www.o'p.gov /funding /confcost.htm.
SFY 2013 Page 20
Application for Funding Assistance
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
Depertment of Law Enforcement
Office of Criminal Justice Grants
ff. wWw,e4w.Mw MOM
— lal -IZ
Subgrant Recipient
Authorizing O'Eficiaf of Governmental Unit
(Commission Chairman, Mayor, or Designated Representative)
Typed Name of Subgrant Recipient: Collier County Board of County Commission
Signature:
Typed Name and Title:
Date:
Fred Coyle, CWrman
"k -z$l12
implemen$ng Agency
officiat. Administrator or Designated Representative
Typed Name of Implementing Agency: Collier County Sheriff's Office
Signature:
Typed Name and Title: Ke6in J. f(ambosk, Sher
Date:
ATTEST:
D BROC CLER .
_ Apr to form &legal sufficiency
.l ' f
Deputy Clerk.'*, Jeffre . latzkow
! Count ttorney
Attest 9% to C!N t r �
WOUtion Ref# 2013 -JAGC -1875 Section #6 Page 1 of 1
Contract - JAGC.COLL- - -
Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)
C R - 5 Merl,
EXECUTIVE SUMMARY 16J 6
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 2012
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, 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.
OBJECTIVE: To seek appointment of the Collier County Commission as the local coordinating unit for
Federal Fiscal Year 2012 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, 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.
CONSIDERATION: The Collier County Commission has participated in Edward Byrne Memorial JAG
projects for over 20 years. Federal Fiscal Year (FFY) 2012 JAG Countywide Program allocation for
Collier County is $106,009. 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 $106,009 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 salary and benefits of one
detective /investigator and equipment and training needed for the program.
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 match is required.
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 2012 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 kudget amendments.
PREPARED BY:
Andrea Marsh, Finance Director
APPROVED BY: A 6:) —
Kevin Ramb iff
DATE: April 19, 2012 J�
CIS
CERTIFICATE OF PARTICIPATION 16J 6
Edward Byrne Memorial
Justice Assistance Grant (JAG) Program
Date: April 19, 2012
Mr. Clayton H. Wilder
Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Dear Mr. Wilder:
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:_ Kevin Ramhngk
Title: Sheriff
E -mail address:_.. hq@col l ; ersh r; f f _ orb_
Agency: Collier county Sheriff I s_office
Address: 3319 Tamiami Trail East Naples, FL 34112-4901
Telephone:��9_ _s ._oR County: roii;Pr
Date:_ April 19, 2012
Sincerely,
Chair, Board of County Commissioners
OCJG -024 (Rev. May 2011)
FDLE
Ca
16J6
Florida Department of Business Support Program Rick Scott, Governor
Law Enforcement Post Office Box 1489 Pam Bondi, Attorney General
Tallahassee, Florida 32302 -1489 Jeff Atwater, Chief Financial Officer
Gerald M. Bailey (850) 410 -7000 Adam Putnam, Commissioner of Agriculture
Commissioner www.fdle.state.fl.us
April 6, 2012
The Honorable Fred Coyle
Chairman, Collier County
Board of Commissioners
3301 East Tamiami Trail, Building F
Naples, FL 34112
Re: Federal Fiscal Year (FFY) 2012 Edward Byrne Memorial Justice Assistance
Grant (JAG) Program — JAG Countywide — State Solicitation
Dear Chairman Coyle:
The Florida Department of Law Enforcement (FDLE) anticipates an award from the
United States Department of Justice for FFY 2012 JAG funds. FDLE will distribute these
funds in accordance with the JAG Countywide distribution provisions of Chapter 11 D -9,
Florida Administrative Code.
FDLE has set aside $106,009 funds for use by all units of government within Collier
County. The enclosed Program Announcement provides an overview of these funds
which can be used by local units of government to support a broad range of activities to
prevent and control crime and to improve the criminal justice system. Please note that
the Program Announcement includes information from the U.S. Department of Justice
relating several areas of national focus and its priorities to help maximize the
effectiveness of the Byrne /JAG funding.
As a condition of participation in this program, the units of government in each county
must reach a consensus concerning the expenditure of these funds. This consensus
must include the projects to be implemented as well as the agency responsible for such
implementation.
Developing such consensus will require someone to exercise leadership and assume a
coordinating role in the development of applications for these funds. FDLE
recommends that the Board of County Commissioners assume this responsibility. In
the event the county declines to serve in this capacity, the Department will request the
governing body of each municipality in the county, in descending order of population, to
serve as the coordinating unit of government.
Service • Integrity • Respect • Quality
The Honorable Fred Coyle J
April 6, 2012 16 6
Page Two
The enclosed Certificate of Participation form requests the identification of an individual
coordinator. We will send this individual further information regarding the application
process in FDLE's on -line grant management system. Please complete the enclosed
Certificate of Participation and return it as soon as possible to:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
Attention: Clayton H. Wilder, Administrator
We look forward to working with you. If you have any questions or if we can provide
you with any assistance regarding the JAG Program, please contact me at
(850) 617 -1250.
Sincerely,
ftian H Wilexrt&_)
Administrator
CHW /JP /st
Enclosures
cc: Mayors in Collier County
Law Enforcement Agencies in Collier County
Project Directors in Collier County