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Agenda 04/14/2009 Item #16J 4 Aaenda Item No. 16J4 - April 14, 2009 PS";le 1 of 48 EXECUTIVE SUMMARY RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT AND PROGRAM POINT-OF-CONTACT FOR THE UNITED STATES DEPARTMENT OF JUSTICE (DOJ), OFFICE OF JUSTICE PROGRAMS', BUREAU OF JUSTICE ASSISTANCE (BJA), AMERICA.'" RECOVERY AND REINVESTMENT ACT OF 2009 (THE "RECOVERY ACT") EDWARD BYRNE MEMORIAL JUSTICE ASSISTMICE GRANT (JAG) PROGRAM, ACCEPT THE GRANT WHEN AWARDED, APPROVE APPLICABLE BUDGET AMENDMENTS, AND APPROVE THE COLLIER COUNTY SHERIFF'S OFFICE TO RECEIVE AND EXPEJ'.'D THE $547,316 PAYMENT OF RECOVERY ACT JAG GRANT FUNDS. OBJECTIVE: To seek approval from the Collier County Commission to designate the Sheriff as the official applicant and pDint-of-contact for the United Statcs Department of Justice, Office of Justice Programs', Bureau of Justice Assistance Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) application, accept the grant when awarded, approve applicable budget amendments upon award, and approve the CCSO to receive and expend the $547,316 payment of Recovery Act JAG .grant funds. CONSlDERA TION: 1. The Collier County Sheriffs Office has participated in anti-crime grant programs for over 20 years. 2. As one of its many elements, the Recovery Act provides DOJ with funding for grants. The implementation of the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG), administered by the United States Department of Justice, Office of Justice Programs', Bureau of Justice Assistance, provides DOJ with funding for grants to assist state, local, and tribal law enforcement to combat violence against women, to fight internet crimes against children, to improve the functioning of the criminal justice system, to assist victims Df crime, and to support youth mentoring. Specifically, under this solicitation, BJA will be making awards to assist local and tribal efforts to prevent or reduce crime and violence. 3. The DOJ has appropriated $547,316 over a four year period to Collier County to be used for Recovery Act JAG purposes. The Recovery Act JAG purpose area used for this grant is "law enforcement purposes". 4. This Collier County law enforcement program will support overtime costs directly related to basic law enforcement functions such as to control drug abuse and trafficking; reduce and prevent crime; rehabilitate neighborhoods; improve the administration of justice in America; meet the needs of crime victims including human trafficking victims; and address problems such as gang violence, juvenile crime, and white collar crime. 5. The BJA has an internet-based system to support the RecDvery Act JAG applications. Recovery Act JAG applications must be completed online and a local agency designated by the local government CEO may apply for funding. 6. Board approval is needed for: designation of the Sheriff as the official applicant and point-of-contact for Recovery Act JAG funds; acceptance of the grant when awarded; approval of applicable budget amendments upon award; and approval of the CCSO to receive and expend the $547,316 payment of Recovery Act JAG grant funds. It'3.r. t\O. -j e 4- ^,. '1.'4 .)r) 9 t~:!.:' rlj i " "-I~. ~3S~8 ,~Df :3 FISCAL IMPACT: Potential $547,316 award Df funds is for law enforcement officer overtime wages including benefits. This would be an outright award with no required local match or other expenditure. GROWTH MANAGEMENT: None. RECOMMENDATION: That the Collier County Commission agrees to: designate the Sheriff as the official applicant and point-Df-contact for the United States Department of Justice, Office of Justice Programs', Bureau of Justice Assistance, Recovery Act Edward Byme Memorial Justice Assistance Grant (JAG) application to fund Deputy overtime; accept the grant when awarded; approve applicable budget amendments upon award; and approve the CCSO to receive and expend the $547,316 payment of RecDvery Act JAG grant funds. PREPARED BY: /\, LQA_C>C Carol Golightl APPROVED BY: Kevin Ra DATE: March 27. 2009 Page 1 of I Agenda Item No. 16J4 Aoril14,2009 Page 3 of 48 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16J4 Meeting Date: Recommend that the Board of County Commissioners designate the Sheriff as the Official Applicant and Program Point-af-Contact for the United States Department of Justice (DOJ), Office of Justice Programs'. Bureau of Justice Assistance (BJA). American Recovery and Reinvestment Act of 2009 (The "Recovery Act") Edward Byrne Memorial Justice Assistance Grant (JAG) Program, accept the grant when awarded, approve applicable budget amendments, and approve the Collier County Sheriff's Office to receive and expend the $547,316 payment of Recovery Act JAG Grant Funds. 4/14/20099:0000 AM Approved By Colleen Greene Assistant County Attorner Date County Attorney County Attorney Office 411/200910:38 AM A pproved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 4/2/2009 10:33 AM Approved By Randy Greenwald ManagementiBudget Analyst Date County Manager's Office Office of Ma:-:agemcnt & Sudgot 4f2t2009 3:35 PM Approved By Leo E. Ochs, Jr. Board of County Commissioners Deputy County Manager Date County Manager's Office 4/2120096:26 PM G> /'-,oenda It7;tTl ).Jo_ 1 fi...l4 -'\pril ; 4 2009 Page 4 of !,S Board of Collier County Commissioners Danna Fiala District 1 Frank Halas District 2 Tom Henning District 3 Fred W Coyle District 4 Jim Colena District 5 April 14, 2009 Bureau of Justice Assistance 810 Seventh Street, NW Washington, DC 20531 Re: Designated Official For JAG 2009 application Ladies and Gentlemen: On April 14, 2009 at a Collier County, Florida, Board of County Commissioners regular meeting, the U.S. Department of Justice, Office of Justice Programs', Bureau of Justice Assistance, American Recovery and Reinvestment Act of 2009 (the "Recovery Act"), Edward Byrne Memorial Justice Assistance Grant (JAG)application for Collier County was made public for an opportunity for comments. Pursuant to a Recovery Act JAG compliance requirement and after public review of the application, the Collier County Board of Commissioners approved and designated Kevin Rarnbosk, Sheriff, Collier County, Florida, as the authorized grantee official and contact person to request, receive, and expend Edward Byrne Memorial, Recovery Act JAG funds in the amount of $547,316. Should you have any questions regarding this matter, please contact Grant Coordinator Joyce Houran at 239-793-9346. Sincerely, Donna Fiala Chairman Collier County Commission W Hannon Turner Building' 3301 East Tamiaml Trail, Nap"", Flonda 34112. 239.252-8097. FAX 239-252.3602 BJA FY 09 Recovery Act Edward Byroe Memorial Justice Assistance Grant Program Loc,.. Pal!e 1 ofl Agenoa ltem'i'Jo. loJ4 April 14, 2009 Page 5 of 48 ~. ~ . BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation 2009-F2640-FL-SU A.RpJj<;j'ltiQo CDrreSDondenc..e Switch to ... Application Handbook Overview Q~rview This handboDk allDws you to complete the application process for applying tD the BJA FY 09 Recovery Act Edward Byrne MemDrial Justice Assistance Grant Program Local Solicitation. At the end of the application process you will have the Dpportunity to view and print the SF-424 form. 8ppliQlnt Information Proiect Information *Type of Submission Budaet and Proq[qm Attachm_ent;; ApplicatIon Construction '.!:' Application Non- Construction Preapplication Construction Preapplication Non- Construction Assu r,LI1~eJ;a!J_d Certifications *Type of Application ES!view SF 42'1: If Revision,select appropriate ption If Other, specify New Type of Revision *15 application subject to review by Subm!t.Ap...Q.Hcg--.tion tate executive order 12372 process? Yes This preapplication/appfication was made available to the state executive order 12372 process for review on HeID/FreQ1!.enlly 8sked Questions .,!> No Program is not covered by E.O. 12372 N/A Program has not been selected by state for review I:;M~ome Save and Continue] I,Qg .off https:llgrants.ojp.usdoj.gov/grnsextemal/ application.do ?aspect= App lication&appli cation!... 3/19/2009 - ~.-'.-r----.- BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Lac... Page 1 of 2 AJenc3 item No. 16J4 April 14.2009 Page 6 of J8 6;\' ..~ twPltcEltian BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation 2009-F2840-FL-SU COr[~_SROndence Switch to ... Application Handbook Applicant Information Overvi~Y>' Verify that the following information filled is correct and fill out any missing informatiDn. To save changes, click on the "Save and CDntinue" buttDn. twpli,c<lnt Info-,matioo Proiect Iotormatloo !3_ud.9sttQnd !'LQJlLam AttactLments ASsJ.iran<;e.s_-,wd CertiJt@tions g".vi",-""---S.f42_4 Submit APPUgltion Help/Frequently Askgd_QJL~stlolls GrvJS.J:Lom_~ Loo Off *15 the applicant delinquent on any federal Yes ,...., No debt *Employer Identification 59 - 6000561 Number (ErN) *Type of Applicant County <, Type of Applicant (Other): *Organizational Unit Sheriffs Office *Legal Name (Legal Collier County Jurisdiction Name) *Vendor Address 1 3301 Tamiami Trail E. Vendor Address 2 Building J-1 *Vendor City Naples Vendor County/Parish Collier , *Vendor State Florida *Vendor ZIP 34112 - 4987 N~,"--d_ helpjQuIP_t41 Please provide contact information for matters involving this application "'Contact Prefix: Mrs. . Contact Prefix (Other): *Contact First Name: Joyce Contact Middle Initial: "'Contact Last Name: Houran Contact Suffix: Select a Suffix . Contact Suffix (Other) : "'Contact Title: Grant Coordinator *Contact Address Line 1: 3301 Tamiami Trail East https://grants.ojp.usdoj.gov/ gmsextemall applicantInfonnation.do 3/26/2009 l BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Loc... Page 2 Df2 Agenaa Item"No, '16J4 April 14, 2009 Page 7 of 48 Contact Address Line 2: Building J-1 *Contact City Naples Contact County: Collier *Contact State: Florida .; *Contact Zip Code: 34112 - 4987 ~~~:Ul~!P lQ!...?!P+4? *"Contact Phone Number: 239 793 9346 Ext: , 239 793 9405 , Contact Fax Number: *Contact E~mail Address: gra nts@colliersheriff.net Save and CDntinue ] https:llgrants.ojp.usdoj.gov/ gmsextemal/ applicant!nformation.do 3/26/2009. ~ BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Prograr1J.t~~~C3 it~i#?:~ol. ':'tJ4 ~ .l\'pril '14 2009 P3~Je (3 of ':i8 ~~ L\I;I1 ApDlication Application Handbook Qv_ervi~w APpJjca Qt Io.(QUD<,JioD ProJ~~t IQformatiDI1 BJ,[CJgeLand PrQ.Qr;'lm Att~bmeQts A~;;.w:.ao.ces and CertifiC;il1jons Reyiew_:;E...'!23 $ubml1Application Help/frequently ",sked QuestiQI1~ Gr~s HOme Loa Off BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant Program Local Solicitation 2009.F2640-FL-SU CQrrespO_lldence Switch to . Project Information *Descriptive Title of Applicant's Project Collier County Sheriff's Office Overtime Program '. * Areas Affected by Project Collier County, Florida Note: both Congressional Districts 14 & 25 are in Collier County, Florida. " Proposed Project *Start July 01 2009 Date . *End Date June ... 30 <' 2012 '.. *Congressional Districts of I Congressional District 01, FL ^ PrOject Congressional District 02, FL Congressional District 03, FL Congressional District 04, FL V *Estimated Funding Federal $ 547316 .00 Applicant $ 0 .00 State $ 0 .00 Local $ 0 .00 Other $ 0 .00 Program Income $ 0 ,00 TOTAL $ 547316 .00 Save and Continue https:ll grants. oj p. usdo j . gov I gm sex tcrnal/pro j ecti n formation. d 0 3/19/2009 I 1\ ~,",,_,.-.I..., 1+ ,....., f..I.... 1r.:; "I\pril 14 2009 P8ge 9 of 48 Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program 2009 2009-F2640-FL-SU (ATTACHMENT # 1) PROGRAM NARRATIVE ~~ ~...;':' If~rn J\i,., 1h!Ll April 14, 2009 Pa?8 10 of 48 PROGRAM NARRATIVES The proposed law enforcement program will support overtime costs for law enforcement officers employed at the Collier County Sheriffs Office in Florida. The roles of the officers are as diverse as Collier County and the overtime will be used for crime prevention efforts throughout the County. The name of this project is the Collier County Sheriffs Office Overtime Program. . DEMOGRAPHICS: Collier County, Florida, is located on Southwest Florida's gulf coast. Collier County is one Df the fastest growing metropolitan areas in the nation, according to the 2000 U.S. Census. With a total area of 2,305 square miles and a land area of 2,025 square miles, Collier County is the largest county in Florida and is larger than the States of Rhode Island and Delaware. Collier County's communities include Naples, Everglades City, Immokalee, MarcD Island and Golden Gate. Collier CDunty has experienced rapid population growth in recent years. In 1990, the Collier County year-round population estimated by the Census Bureau was 152,099 people. By 2006, the estimated population for Collier County had grown to 319,905 people, and rises by an estimated one third during the winter season, this traditionally lasts from November through April. The most conservative estimates of the 2010 population place Collier County's population at more than 397,434 with the year-round resident population exceeding 500,000 by the year 2025. This substantial continuing growth has created increased demand for many types of goods and services. Collier County's growth acts to diyersify the racial and ethnic composition of the population, allowing the County and its residents the opportunity to have a myriad of cultural experiences. There has been a marked increase in the population by race including Black Dr 2 1\ "'<r,,~";~ It~....... ".\,..., -1;:: III April 14. 2009 Page 11 of 48 c- African American, Hispanic or Latino, Asians, Pacific Islanders, and 8.4 % of the population consists of other races. Collier County stretches from the Gulf Df Mexico to the swamps of the Everglades. The cultural and economic diversity extends throughout Collier COWlty. Immokalee is a large farming area where people of many backgrounds and cultures are hired to tend the fields and to prepare produce for shipment. Everglades City, in a southern comer of the county, is a remote fishing village made up of lower income residents. The seaside paradises of Naples and Marco Island have two of the highest concentrations of foreign and domestic dignitaries, businesses and other high profile individuals in the State of Florida. As one travels from the seaside areas toward eastern (Immokalee) and southern (Everglades) areas in Collier COWlty, dramatic differences in economic status and way of life are apparent between the affluent areas of Naples and Marco Island; and Immokalee and Everglades City. Inland and shoreline areas have historically been prime criminal activity areas including the secluded areas where egret plume (more valuable than gold) smugglers, moonshiners, drug smugglers, and now human trafficking has taken place. There are 80 miles of winding shorelines that comprise over 800 square miles of open Gulf of Mexico waters, ports of call, coastal beaches and mangrove estuarine rivers and bays. The sheer size and complexity of its coast makes law enforcement patrol a daWlting task. Clandestine areas of shoreline paired with the 1-75 Corridor that runs from Miami through Collier County to north Florida have created law enforcement challenges in Collier County. 3 !1 ('1nn,,? hon"' 1\1", 1 C; 1.1 ADril 14. 2009 F)age i 2 of l.8 · PROBLEM DEFINITION: The problem is the availability and accessibility oflaw enforcement officers and funds to meet law enforcement needs to prevent and reduce crime and violence in Collier County, Florida. A need for officer hours is indicated by the increase in population and as reflected in our deputy per capita need - to maintain law enforcement level of services to the community. As Collier County continues to build out, the nwnber of seasonal residents migrating to the "Paradise Coast" increases and the number of visitors continues to exceed past years. The number of visitors in Collier County remains overwhelming compared to permanent population. The following chart indicates the 2000-2009 population comparisons vs. calls for service: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Penn 251,377 264,475 277,457 292,466 306,]86 319,905 334,23& 349,214 364,860 38],208 Countywide Population P;ak 350,771 368,021 38(;,539 405,403 423,403 44],9]5 461.257 4&1,465 502,578 524,072 Season Population Calls for 245,310 281,984 419.309 532,580 58],9]2 6119,359 781,739 874,]19 966,499 1,058,879 Service Number of ],359,958 1,321,1 ]9 1,309,288 1,324,654 1,477,615 1,625,377 1,787,914 ],966,706 2,163,376 2,379,714 Visitors An analytical reyiew of the 2008 response time data without field initiated and MDT initiated calIs reveals an average overall response time of 9.46 minutes, a .99% increase in overall response time when compared to 2007 response times. We can do better than this. 4 f:.'"10"",..J-:. It,:,m ~Ir"l 1(-; JLl. April 14. 2009 Page 13 of 48 Overtime will help keep officers more available to respond tD calls to reduce the overall response time. The problems that the current local economy has placed on local government agencies to preserve the Agency's and public's interest in public safety is of paramount concern. Every effort is being made by local government officials to affect a change in the current situation. In the meantime, law enforcement coverage needs to be met. Current officers are needed to cover the number of calls for service. State and local budget constraints continue. State budget cuts have caused a crisis situation to Florida's local governments resulting in Sheriffs' Offices having to make radical reductions in their budgets that affect public safety and will increase crime rates. The Collier County Sheriffs Office (CCSO) could face a "devastating impact" to the way it conducts business if current projections of property tax revenue losses hold true. The CCSO has already had to cut nearly three million dollars or about 2 percent from its current $150 million budget due to declining tax revenue, and recent projections about property tax revenue losses have been "adjusted upward" to 23.6 percent for the CCSO 2009-2010 budget. At this time, using overtime is a better way to meet local public safety needs than adding new grant funded positions. With a bleak local revenue outlook, it could be not viable to fund operating, capital, additional local match costs associated with new positions, and retention requirements if grant funded positions were sought. Due to anticipated budget limitations, overtime is a better option to enable the agency to respond to calls for service using a more cautious fiscal position. The CCSO has already taken measures, including closing the Immokalee Jail, reducing travel, training, and other operating costs to try to meet 5 ,,- ,~,.J~ q~ 1\:..., ~ 111 April 14 2009 Page 14 of -18 budget cut expectations without negatively affecting public safety. However, with an expected increase in calls for service, grant funds to meet overtime costs will assist CCSO's goal tD engage in pro-activity that could impact the crime rate to keep residents and visitors in Collier County safe. Current staff will be expected to fill gaps during regular and overtime hours that will occur with budget cuts. JAG funds are needed to help maintain public safety in Collier County through this Collier County Sheriffs Office Overtime Program. · PROPOSED PROGRAM ACTIVITIES FOR THE 4- YEAR GRANT PERIOD: Grant funds would support the most valuable asset the Collier County Sheriffs Office (CCSO) has - its law enforcement officers. The public will benefit from the supporting funds by the trust the community has in this law enforcement agency to provide services to protect them and their properties. Heightened officer concentration in school safety, gang enforcement and preyention, human trafficking enforcement and prevention, drug trafficking reduction, and other priority areas will be available with the support of these grant funds. Without overtime, as indicated in the previous section of this application narrative, needed officer services would either not be available or the response time to a call for service would be excessive. The overtime will result in maintaining a level of services to the community to assure police integrity that will support all components of the criminal justice system. This level of service is a deterrent to crime and grant funds will help stabilize local government budgets in order to minimize and avoid reductions in essential services and counterproductive local tax increases. The Collier County Sheriffs Office Overtime Program will address crime through the provision of services directly to individuals and/or communities by improving the effectiveness and efficiency of criminal justice systems, processes, and procedures made I 6 f\ r,1",-.l,.., I C;,,''''''' "I" 1(:;1 April 14. 2009 Page i5 of 48 available through overtime for a broad range of activities to prevent and control crime based on local needs and conditions. . THE TYPE OF PROGRAM NEEDED TO BE FUNDED WITH THE JAG AWARD: The type of program needed to be funded by the JAG award is a local law enforcement program to assist in efforts to prevent and reduce crime and violence with BJA support for overtime costs. Grant goals are to reduce the number of victims of crime reported within Collier County. Heightened officer concentration in school safety, gang enforcement and prevention, human trafficking enforcement and prevention, drug trafficking reduction, and other priority areas will have an affect on this goal. The objectives to meet this goal are to: increase the number of reported activities (e.g. tickets, arrests, field interviews); reduce the number of reported violent crimes (murders, robberies, aggravated batteries and aggravated assaults); reduce the number of reported robberies; increase the number of arrests for reported narcotics sales and trafficking offenses; reduce the number of reported Part II offenses; increase the number of arrests of those suspected of engaging in or soliciting prostitution; increase the number of tickets issued fDr traffic offenses; increase the number of Marchman Acts imposed for incidents of public intoxication; increase the number of reported re-arrests ofprobationerslparolees on yiolations ofprobationlparole conditions; and to provide community education programsJactiyities to make the public aware of ways to reduce the number of victims of crime in Collier County. All of these efforts will result in increasing the one-on-one contacts between law enforcement and residents that are not enforcement related within Collier County. 7 !l"<c>nri? !jom t\ln 1n_14 April 14, 2009 Page 16 of 4,g . PROJECT OBJECTIVES ARE LINKED TO MEANINGFUL AND MEASURABLE OUTCOMES. CONSISTENT WITH THE GOALS OF THE RECOVERY ACT. WILL HA VE THE LIKELIHOOD OF ACHIEVING SUCH OUTCOMES AS JOB PRESERVATION. AND THE REDUCTION OF CRIME AND VIOLENCE IN COLLIER COUNTY: To assist in fulfilling the accountability objectives of the Recovery Act, as well as under the Goyernrnent Performance and Results Act of 1993 (GPRA), the Collier County Sheriffs Office (CCSO) will provide data that measure the results of its work. The CCSO will use a quantitative and qualitative data collection method in assessing this program that will include in-depth interviews, observation methods, and extensive document review from data collection. Along with BJA required measures made under the Recovery Act, the following performance Measures by Activity are applicable to the CCSO JAG Grant Overtime Program: Performance Measures by Activity Activity: Personnel Performance Data CCSO Applicable Indicator OP DS/SI Description Reports Purpose Area Types of OP SI This output will report the type of personnel Indicate the types Law Enforcement personnel paid paid for with JAG funds during the reporting of personnel paid for wllh JAG period. for with JAG dollars during funds during the the reporting reporting period. period N umber of OP SI This output indicator will report the number 3. Number of Law Enforcement overtime hours of hours paid with JAG funds during the overtime hours paid for with reporting period. funded during the JAG funds reponing period b. Total number of hours of overtime needed during the reporting period. c, Percent (albl 8 '\,",,,,....rf,,, It",..,.., I", 1R April 14, 2009 Page 17 of48 Percent of DC SI This output indicator will report the number a. N umber of Law Enforcement units that of units or departments (districts) that report units that report report improved efficiency as a result of JAG funds. improved improved efficiency efficiency b. Total number of units c. PeTcenl (aIb) Percent change LT- DS/SJ This long term outcome indicator will report a. The number of Law Enforcement in offending or DC the number of individuals that offend or are individuals ( by number or arrested during the reponing period. related crime) arrests of a arrested prior to targeted group the start of the by crime type period b. Total number of individuals arrested (by related crime) at the end of the reporting period ~; ,:~Tcent change a-b la Percent change LT- DS/SI This long tenn outcome indicator will report a, Number of Law Enforcement in crime rates DC the number of related crimes reported during reported crimes in a the reponing period. (targeted by JAG community by funds) at the start crime type of the period. b. Total number of reported crimes at the end of the reporting period c. Percent change la-bVa Percent change LT- DS/SI This long term outcome indicator will report a. Number of Law Enforcement in OC the number of calls received for services calls for service victimization during the reporting period. received that was or calls for related to service among victimization at largeted the start of the individuals period b. Total number of calls for service received that were related to victimization at the end of the reporting period c. Per cent chan.e (a-b Va Expected DS/SI This indictor will be paired with the counts of Select the Qne that Law Enforcement change in victims to determine whether the changes in applies to answer victimization CQunts reported were in the expected direction to previous or not. indicator a. We expected count of victims of crime to increase as a result of our efforts b. We expected counts of victims of crime to 9 !\",or,rI? !ton-- ~In i" 14 April 14, 2009 ?age 18 of :'8 decrease as a result of our efforts c. We expected counts of victims of crime to remain stable (no change) as a result of our efforts d, We had no expectations I about changes in counts of victims of crime as a result of our efforts Key: OP/OC = Output/Outcome; DS/SI - Direct Service/System Improvement; LT-OC = Long- Term Outcome . ORGANIZATION CAPABILITIES AND COMPETENCIES: The Collier County Sheriff's Office (CCSO) has successfully collaborated with many federal, state, and local agencies that have strengthened agency capabilities and competencies that have resulted in the CCSO acquiring a reputation as a model agency for many programs started with grant funds, and replicated throughout the nation. For over two decades the CCSO federal agency collaborations with regard to grants have been with the Bureau of Justice Assistance, the COPS Office, National Institute of Justice, and the Department of Homeland Security. The CCSO has also worked in partnership with many state agencies including the FIDrida Department of Children and Families, Florida Department of Community Affairs, Florida Department of Education, Florida Department of Emergency Management, Department of Juvenile Justice, Florida Department of Law Enforcement, and Florida Department of Transportation. At the local level, the CCSO has collaborated with many Foundations that have provided seed money for various programs. I I 10 Ll.nC!nd::J Item No. 16.14 April 14, 200;! Page 19 of 48 The CCSO works closely with the Collier County Board of Commissioners (BOCC) regarding grant matters. Approval from the BOCC was sought on April 14, 2009 for the Sheriff tD be designated the official applicant and lead agency for this grant. The CCSO will continue working together with the County and community residents and visitors via CCSO Community Policing efforts to be knowledgeable of safety concerns in all geographic areas of the County. As a result of CCSO staff capabilities and competencies, excellent working relationships have been developed with all of the referenced federal, state and local agencies, The end result of the education and experience levels of all CCSO staff members who are associated with grants is indicated by the positive results ofthe hundreds of grants the agency has received over the past two decades. Key personnel who will manage the delegation of overtime duties will be carried out directly from Sheriff Kevin Rambosk, Chief Jim Bloom, Captain Mark Baker, Commander Bill McDonald, and Commander John Mausen. Captain Mark Baker of the Patrol Division will coordinate program efforts for this Collier County Sheriffs Office Overtime Program. Captain Baker is a respected leader in the fight against crime and serves Dn many committees in the community. Captain Baker has 15 years of experience as both a certified law enforcement officer and law enforcement manager with the CCSO. Other key personnel in the program implementation includes the Collier County Sheriffs Office nationally certified and recognized Grant Coordinator Joyce Houran, who coordinates and manages grant fiscal and administrative responsibilities from the submission of grant applications to closeouts. Mrs. Houran has 19 years of foundation, state, and federal grants and contract management experience with the Collier County Sheriffs Office. She has II . t,~~..",;~ If, ~_j" 1C April 14, 2009 Pag~ 20 of 48 over 30 years of contract management and accounting experience. Mrs. Houran is an active member of the National Grants Management Association. Systems are in place for key personnel coverage in their absence. . DESCRIPTION OF HOW THE COLLIER COUNTY SHERIFF'S OFFICE WILL TRACK ALL DRAWDOWN AND GRANT EXPENDITURES SEPARATELY FROM OTHER FEDERAL FUNDING: The Collier County Sheriff's Office intends to draw down all JAG funds after acceptance of the award. Funds will be deposited in a trust fund that will be an interest- bearing account. There will be no grant subrecipients. Tracking and reporting of Recovery Act funds will be separate, to meet the reporting and other requirements of the Recovery Act and other applicable laws. There will be no commingling of funds. All funds from this Recoyery Act grant will be tracked, accounted for, and reported on separately frDm all other funds (including DOJ grant funds from non-Recovery Act grants awarded for the same or similar purpose or programs). To track, account for, and report Recovery Act funds separately from all other funds, the CCSO will assign a unique fund number and a unique cost center that will be given to this grant program only. The drawdown and all expenditures for this grant will exclusively use the designated fund and cost center numbers. For tracking and audit purposes, separate reports solely for this grant will be readily available due to systems in place that can track, account for, and report on separately from all other funds (including DOJ grant funds from non-Recovery Act grants awarded for the same or similar purpose or programs). I I 12 !'.'J,,,,,,,-i~ it,::,.", r..Ir'\ 1C 14 April 14, 2009 P"g8 21 of 48 . ANTICIPATED COORDINATION EFFORT INVOLVING JAG AND RELATED JUSTICE FUNDS: The Collier County Sheriff's Office (CCSO) does not anticipate any coordinated efforts involving JAG and other related justice funds. However, the CCSO includes working in concert with other local law enforcement agencies, the State Attorney's Office when applicable, other Collier County GDvemment agencies, local businesses, and residents and visitors to make Collier County a safe place to be. . ACTIVITIES THAT CAN BE STARTED AND COMPLETED EXPEDITIOUSLY, AND IN A MANNER THAT MAXIMIZES JOB CREATION AND ECONOMIC BENEFITS: Upon grant award and acceptance, overtime activities are anticipated to start immediately and in a manner that maximizes economic benefits. As indicated in the Problem Definition section of this Program Narrative, using overtime is a better way to meet local public safety needs than adding new grant funded positions. If grant funded positions were sought and with an austere local revenue outlook, it could be unviable to fund operating, capital, additional local match costs associated with new positions, and retain positions when grants end. Due to anticipated budget limitations, overtime is a better option to enable the agency to respond to calls for service using a cautious fiscal position. However, the use of overtime will be started and completed expeditiously within the grant four year time period. I3 I"~ ,..,c,nr~~ It.::orn 1\1("\ 1 R 14 Apri! 14 2009 22 of 48 · TIMELINE IDENTIFYING WHEN THE GOALS AND OBJECTIVES WILL BE COMPLETED: Activltv ImDlementation Schedule. The Activity Implementation Schedule shows when activities in the Implementation Plan will commence and how the project will progress. This chart benchmarks planned activities. both administrative and programmatic. An .X" has been inserted for reports with projected grantor due dates. A detailed listing of key activities are under the heading "Programmatic Activities." Grant Period (48 months) Administrative Activities ACTIVITY Oct Nay Dec Jan Feb Mar ADr May Jun Jul Auo Sell Submit Quarterly Program Reports within 10 calendar days after the end of X X X X each quarter Submit Quarterly Financial Reports within 10 calendar days after the end X X X X of each quarter CCSO ensures that the CCSO accounting system that funds from this JAG award under this Recoyer Act X X X X X X X X X X X X solicItation are not commingled with funds from any other source Funds are used to supplement existing State and local funds for program activities and do not replace those X X X X X X X X X X X X funds that haye been appropriated for the same purpose. Submit Financial Closeout Package before deadline (deadline to be Deadline to be announced announced) Submit Annual and Final Program Reports before deadline (deadline to be Deadline to be announced announced) Programmatic Activities ACTIVITY Oct Nay Dec Jan Feb Mar Apr May Jun Jul Aug Sell Overtime Activities X X X X X X X X X X X X Assessment of grant Objectives X X X X X X X X X X X X Adjust program deliverance as needed X X X X X X X X X X X X based on assessment data 14 A.....~nrl~ Ij..-;...... No 16J4 Apnl -14, 2009 Page 23 of 48 Adjust program deliverance as needed X X X X based on assessment data X X X X X X X x Reevaluate and refine public safety X X X X services X X x X X X X x The Collier County Sheriff's Office is in accordance with the grantor overall local initiative to provide a law enforcement program. With Recovery Act JAG grantor backing, the Collier County Sheriff's Overtime Program can commence a plan designed to empower Deputies to better accomplish this agency's Mission Statement, "The duty of the Collier County Sheriff's Office is to preserve and protect the lives, property and constitutional guarantees of all persons". . PERFORMANCE MEASURES ESTABLISHED BY THE ORGANIZATION TO ASSESS WHETHER GRANT OBJECTIVES ARE BEING MET: Program effectiyeness can be measured and documented in agency law enforcement reports, intelligence reports, and from information from the State Attorney's Office staff. The Collier County Sheriff's Office (CCSO) crime analysts will be responsible for collecting data, analyzing the data, and delivering the information to CCSO chain of command. This information will be used to track progress and adjust the program deliverance as needed. Success Df the program will be defined and measured by short-term, intermediate and long-term outcomes based on program goals and performance measures. Internal evaluations will be analyzed on a periodic basis to determine what additions, changes, or deletions need to be made in the program. The collection of implementation and performance data is of value in analyzing the program. The results will be used and disseminated to agency chain of command and, if requested, to the State Attorney's Office. We will be in concert with the 15 -, !:.,r ".~,-.:~ !I~n"": r,]"l 'inL1 f\pril 14 20U9 ;::.1:JT 43 program gives the CCSO the opportunity to provide better public safety services during this period of growth. . CONCLUSION: Grant funds in the amount of $547,316 for the Collier County Sheriffs Office Overtime Program will support efforts to maintain a low crime rate 3.11d continued resident and tourist trust and faith that public safety will be provided by the Collier County Sheriffs Office at the level of expectation they have. Heightened officer concentration in school safety, gang enforcement and prevention, human trafficking enforcement and prevention, drug trafficking reduction, and other priority areas will result with the opportunity available with overtime funds. Due to state and local budget constraints JAG funds will support costs to provide overtime public safety services. These funds will enable the CCSO to provide this safety and the highest level of excellence in service to our residents that will keep Collier County a safe place to live, work and raise a family. 16 r\':j::::1 iuO l~' I I'lV. 'V",..,. ,l\priI14, 2009 Page 25 uf 48 Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program 2009 2009- F2640- FL-SU (ATTACHMENT # 2) I I .- I I I I I I BUDGET and BUDGET NARRATIVE I I I I I - - - .I\pril 14. 2009 Page 26 of 48 COLLIER COUNTY SHERIFF'S OFFICE - NAPLES. FLORIDA 34112 BUDGET DETAIL WORKSHEET A, Personnel $485,167 Item Computation Cost* Overtime (a) 1.5 $30.08 X 1.5 X 10,500 hours - $473,760 $473,760 Overtime straiJilit $30,08 x 379.209 hours $11,407 $11,407 Total $485,167 8. Fringe Benefits $ 62,149 Item Computation Cost* FICA (7.65%) ($485,167 x 7.65%) - $37,115 $37,115 W/C (5. I 6%) ($485,167 x 5, 16%). $25,034 $25,034 Total $62,149 · Rounded to nearest dollar. NOTE: Overtime pay computations are based on current pay plan numbers effective January 2009. The pay rates and benefits could be changed and will be charged accordingly with new pay plans and federal and state laws within this grant award period. C. Travel $ 0 D. Equipment $ 0 E. Supplies $ 0 F. Construction $ 0 G, C onsu Itants/Con tracts $ 0 H. Other $ 0 Total Direct Costs $547,316 I. Indirect Costs $ 0 TOTAL PROJECT COSTS $547,316 Federal Request $547.316 ,.. ~~~..)_ l~~....... 1.1", ~C: IJI I 2 ^~ .~,~.- >~..~, ~<~ ~"I<1 ~i4. 2iJCJ9 27 of 48 BUDGET SUMMARY Bud et Cate 0 A. Personnel B. Frin e Benefits C. Travel D. E ui ment E. Su lies F. Construction G. Consultants/Contracts H. Other Total Direct Costs I. Indirect Costs TOTAL PROJECT COSTS Amount S485,167 S 62,149 SO SO SO SO SO SO $547,316 SO S547,316 Federal Request S547,316 3 ,L\oril 14. ::::009 r'3g8 :::8 of '::8 BUDGET NARRATIVE JAG funds are requested for Dfficer straight and officer time and a half rate overtime costs to support efforts to reduce crime in Collier County. Florida. JAG funds will also be used to support the costs of benefits for officer overtime. This budget narrative closely follows the content of the budget worksheet and provides justification for all proposed costs. A. Personnel - Revenue is needed to support the costs for time and a half and straight overtime needed to meet the demands for calls for law enforcement services in Collier County, Florida - one of the fastest growing areas in the United States. The problems that the current local economy has placed on local government agencies to hire and retain staff has become a critical local public safety concern. Every effort is being made by local government officials to affect a change in the current situation. In the meantime. law enforcement coverage needs to be met. Current officers are needed to cover the number of calls for service. State and local budget constraints continue. State budget cuts have caused a crisis situation to Florida's local governments resulting in Sheriffs' Offices having to make radical reductions in their budgets that can affect public safety and will increase crime rates. The Collier County Sheriffs Office (CCSO) could face a "devastating impact" to the way it conducts business if current projections of property tax revenue losses hold true. The CCSO has already had to cut nearly three million dollars or about 2 percent from its current $150 million budget due to declining tax revenue; and recent projections about property tax revenue IDsses have been "adjusted upward" to 23.6 percent for the 2009-2010 budget. At this time, using overtime is a better way to cover calls for service than adding new grant funded positions that local funds might not be able to retain when grant funds end. Coupled with CDlIier County's high cost of living, these recent drastic budget cuts at the State level have resulted in local challenges to, at best; maintain current levels of service including law enforcement services. Overtime is a vital law enforcement service that is needed in an effort to maintain an acceptable level of public safety during these hard times. The $30.08 rate used to calculate the above referenced overtime is based on the average midrange hourly rate of all certified hourly paid officers at the CCSO. As the CCSO pay plan changes, any increases that will affect the hourly rate of certified hourly paid officers, charges to the grant will increase accordingly. This grant application requests funds to support 10,500 hours of Dvertime at time and a half and 379.209 hours of straight overtime. Overtime at time and a half = $30.08 X 1.5 X 10,500 hours = $473,760. Straight time = $30.08 X 379.209 hours = $11,407. The total estimated Personnel cost is - $485.167. B. Fringe Benefits - Benefits including FICA @ $485,167 X 7.65% = $37,115 and Workers Compensation @ $485,167 X 5.16% = $25,034 is included on the estimated oyertime Personnel costs in this grant application. The total estimated cost is $37,115 + $25,034 = $62.149. As Personnel and Benefit rates change, so will the local costs for the overtime and benefits. 4 ,--~ -. /\pri! ~ 4 2009 :::-.ElOfi 29 Of 4B C. Travel - NI A = iQ D. Equipment - N/A = $0 E. Supplies - N/A = $0 F. Construction - N/A = $0 G. Consultants/Contracts - N/A = iQ H. Otber Costs - N/A= $0 I. Indirect Costs - NI A = $0 TOTAL PROJECT COST $547.316 5 I "-.".-,;.,~_ IL.)f"n 1"" ~ P.IL! ,L'.,~:i! 14. 20119 ](; of'::::'; SUMMARY . This budget is complete, detailed, reasonable, allowable, and cost effective in relation to the proposed activities. There are no indirect donations to be contributed to the program. These project costs are not allocated or included as a cost to any other federally financed program. These project costs are necess~')' a."1d reasonable for proper and efficient project administration and implementation and NOT a general expense to carry out overall responsibilities. These project costs are authorized by Federal or Florida Statutes or local laws and regulations that are in effect at the time the grant is awarded. These project costs are treated consistently with policies, regulations and procedures that apply uniformly tD other grant recipient activities. These project costs are net of all applicable credits. Federal funds will not be used to supplant local funds. All project costs will be expended or obligated during the approved grant period. Maximum open and free competition is required in the procurement process. The OCO threshold established by the Collier County Sheriffs Office is $1,000. There are no Indirect Costs in the budget. . . . . . . . . . . . 6 ''''~--,'''~ ,~ . '-. Apri! 14, 2009 F;age 31 of 48 Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program 2009 2009-F2640-FL-SU (ATTACHMENT # 3) REVIEW NARRATIVE r. ~._,..j_ q.~. I~ ~~ ,i\pri! 14, 2009 Pa;1-2 32 of 43 REVIEW NARRA TIA VE Pursuant to BJA's Attachment 3 requirements as underlined below, the Collier County Sheriffs Office response to same is included in this attachment. · INCLUDE THE DATE THAT THE JAG APPLICATION WAS MADE AVAILABLE FOR REVIEW BY THE APPLICANT'S GOVERNMENT BODY. THIS GOVERNING BODY NOTIFICATION MUST OCCUR NO LESS THAN 30 DAYS BEFORE SUBMISSION TO BJA This grant application is being made available for the applicant's government body, the Collier County Commission, review more than 30 days before submission of the application to BJA. The application was submitted for Collier County Board of Commissioners' review and approval at a regular Board meeting on April 14, 2009 and the application was submitted on May 15,2009 - 32 days later. . INCLUDE A STATEMENT THAT THE APPLICATION WAS MADE PUBLIC AND THAT, TO THE EXTENT OF APPLICABLE LAW OR ESTABLISHED PROCEDlJRE, AN OPPORTUNITY TO COMMENT WAS PROVIDED TO CITIZENS AND NEIGHBORHOOD OR COMMUNITY ORGANIZATIONS The Collier County Sheriffs Office JAG application was made public and, to the extent of applicable law or established procedure, an opportunity to comment was provided to citizens and neighborhood or community organizations. The application was made available via Collier County's website htto:llwww.colliergov.net. on the Collier County Government Channel's local station 97, linked tD htto:llwww.colliergov.net website from the Collier County Sheriffs Office website, and hard copies were available Dutside of the Board of County Commission chambers on April 14, 2009. · IF THE APPLICANT IS PART OF A DISPARATE JURISDICTION. INCLUDE THE MEMORANDUM OF UNDERSTANDING (MOUl. WHICH HAS BEEN EXECUTED AND SIGNED BY EACH JURISDICTION'S AUTHORIZED REPRESENTATIVE, OUTLINING EACH JURISDICTIONSI ALLOCATION AND INDICATED WHICH JURISDICTION IS SERVING AS THE APPLICANT/FISCAL AGENT FOR THE JOINT FUNDS. Collier County is not a disparate jurisdiction. M~C:II~,a IlCiii )"0. iv...'"!- April ~4, 2D09 Page 33 ('if 48 Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program 2009 2009-F2640-FL-SU (A TT ACHMENT # 4) ABSTRACT ~, vC< .,~." I "-' 'v Apcil14, 2009 Page 34 of 48 PROJECT ABSTRACT The Collier County Sheriffs Office, designated by the Collier County Board of Commissioners on April 14, 2009, is the official applicant for Collier County, Florida. $547,316 is requested to fund the Droiect titled Collier County Sheriffs Office Overtime Program. The goal of the proiect is to reduce the number of victims of crime reported within Collier County, Florida. The strategies to be used are to have heightened officer concentration in school safety, gang enforcement and prevention, human trafficking enfDrcement and prevention, drug trafficking reduction, and other priority areas that affect this goal. The deliverables include increasing the number ofreported activities (e.g. tickets, arrests, field interviews); reduce the number of reported violent crimes (murders, robberies, aggravated batteries and aggravated assaults); reduce the number of reported robberies; increase the number of arrests for reported narcotics sales and trafficking offenses; reduce the number of reported Part II offenses; increase the number of arrests of those suspected of engaging in or soliciting prostitution; increase the number of tickets issued for traffic offenses; increase the number of Marchman Acts imposed for incidents of public intoxication; increase the number of reported re-arrests of probationerslparolees on violations of probatiDn/parole conditions; and to provide community education prograrns/actiyities to make the public aware of ways to reduce the number of victims of crime in Collier County. Coordination plans includes working in concert with other local law enforcement agencies, the State Attorney's Office when applicable, other Collicr County Government agencies, local businesses, and residents and visitors to make Collier County a safe place to be. The CCSO does not anticipate any coordinated efforts involving JAG and other related justice funds. ^~~ ..J_ 1<'..., "I,...~"" , April 14, 2009 Page 35 of 48 Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program 2009 2009-F2640-FL-SU (A TT ACHMENT # 5) CERTIFICATIONS ;,asnja <tern fw. '16 4 .- 14 20 9 Pd:J8 ::5 ']1 3 US DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Recovery Act - Justice Anlstance Grant (JAG) Program Certification as 10 Recovery Acl Reporting Requlremenls On behalf of the applicant entity named below, I certify the following to the Office of Justice Programs, U,S, Department of Justice: I have personally read and reviewed the section entitled "Accountability and Transparancy under the Recovery Act" in the program announcement for the Recovery Act grant program identified above, I have also read an d reviewed section 1512{c) of the American Recovery and Reinvestment Act of 2009 (Public Law 11 t-5), concerning reporting requirements for grants, I agree that the applicant will comply with the reporting requirements set forth therein with respect to any grant the applicant may receive under the Recovery Act grant program identified above, I acknowledge that a false statement in this certification may be subject to criminal prosecution, including under 18 U,S,C, ~ 1001. I also acknowledge that Office of Justice Program grants, including certifications provided in connect ion with such grants, are subject to review by the Office of Justice Programs, and/or by the Department of Justice's Office of the Inspector General. I have authority to make this certification on behalf of the applicant entity (that is, the entity applying directly to the Office of Justice Programs), Signature of Certifying Official Donna Fiala Printed Name of Certifying Official Chairman, Collier countr Title of Certifying Official Board 0 County Commissioners Collier County Sheriff's Office Full Name of Applicant EntIty Dale OMS No 1121-0323 A.pproval E.p'f.' g,{JOi200i i4 Agenda !tern No. 16J4 April 14. 2009 Page 37 of 48 OMBNo 1121-0323 u.s. Department of Justice Office of Justice Programs Bureau a/Justice .lssistun('~ 1......~ . "'r1~Il.,.. .. RECOVERY ACT ..... e The U.S, DeDartment Df Justice, Office of Justice ProClrams' (OJP) Bureau of Justice Assistance (BJA) is pleased to announce that it is seeking applications for funding under the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Prog ram. On February 17, 2009, President Obama signed into law the landmark American Recovery and Reinvestment Act of 2009 (the "RecDvery Act"), As one of its many elements, the Recovery Act provides the U.S. Department of Justice (DOJ) with funding for grants to assist state, local, and tribal law enforcement (including SUPPDrt for hiring), to combat violence against women, to fight internet crimes against children, to improve the functioning of the criminal justice system, to assist victims of crime, and to support youth mentoring, DOJ is committed to working with our national, state, local and tribal partners to ensure this funding invests in the American workforce. Specifically, under this solicitation, BJA will be making awards to assist IDcal and tribal effDrts to prevent or reduce crime and violence, Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Formula Program: Local Solicitation Eligibility Applicants are limited to units of local government listed in the Recovery Act JAG allDcation list fDr JAG funds. (See "Eligibility," page 2) Deadline Registration with OJP's Grants Management System is required prior to application submission. Applicants must obtain a DUNS number from Dun and Bradstreet prior to ap plication submission. Applicants, including those applying through GMS, must register with the Central Contractor Registration (CCR) database. (See "Deadline: Registration." page 1 i All applications are due by 8:00 p.m. Eastern Time. on May 18, 2009. (See "Deadline: Appl ications." page 2) Agenc3 item No. 16J4 I\pril 14,2009 Page 38 of 48 Recovery Act: Buy American 1\11 applicants that propose to use grant funds to construct, alter, maintain, or repair a public building or public work should be aware that the Recovery I\ct (in section 1605) contains a "Buy American" provision that applies to iron, steel, and manufactured goods. subject to certain exceptions, The provision is to be applied in a manner consistent with United States obligations under international agreements. Government-wide guidance on this provision is not yet available, but is expected. For the text of section 1605. please refer to the ""OJP Recovery Act Additional Requirements" web page at www.oip.usdoi,Qov!recoverv!solicitationreQuirements,hlm, Recovery Act: Wage Rate Requ irements All applicants should be aware that the Recovery Act contains a provision on wage rate requirements that concerns projects funded or assisted by Recovery Act funds that employ laborers and mechanics, See section 1606 of the Recovery Act, the text of which appears on the "OJP Recovery Act Additional Requirements" web page at www.oip.usdoLoov!recoverv!solicitationreQuirements.htm. Government-wide guidance on this provision is not yet available, but is expected. Recovery Act: Preference for Quick-Start Activities Pursuant to section 1602 of the Recovery Act, recipient of funds under this solicitation for infrastructure investment are to give preference to activities that can be started and com pleted expeditiously, and also are expected to use grant funds in a manner that maximizes job creation and econom ic benefit. For the details of this requirement, please refer to the text Df section 1602, which appears on the "OJP's Recovery Act Additional Requirements" web page at www.oip.usdoi.Qov/recovervlsolicitationreou.rements.htm. Recovery Act: Contracts Generally speaking, the Recovery Act places special emphasis on the use of fixed-price contracts awarded through competitive procedures, As information becomes available, OJP will provide guidance to applicants as to what, if any, particular procurement requirements or procedures may apply to contracts awarded with Recovery Act grant funds, apart from those that appear in 28 C.F.R. Part 66 and 28 C.F.R. Part 70, Recovery Act: Urn it on Funds The Recovery Act specifically provides that funds may not be used by any state Dr local government. or any private entity. for any casino or other gambling establishm ent, aquarium. zoo, golf course, or swimming pool. Recovery Act: Use of Funds in Conjunction with Funds from Other Sources, Recovery Act funds may be used in conjunction with other funding as necessary to complete projects, but tracking and reporting of Recovery Act funds must be separate, to meet the reporting and oth er requirem ents of the Recovery Act and other applicable law, There can be no commingling of funds, (See "Accountability and Transparen cy under the Recovery Act," below,) ~"Ity and T.....pantncy under the Recovery Actl Separate Tracking and Reporting of Recovery Act Funds and Outcomes Consistent with the special purposes and goa Is of the Recovery Act. and its strong emphasis on accountability and transparency, it is essential that all funds from a Recovery Act grant be tracked, accounted for. and reported on separately from all other funds (including DOJ grant OM8 No 1121_0323 Approval Expire. 9i30/2oo9 6 I ---- Office of Justice Programs: Recovery Act Information Page I of 8 Aaenda Item f\lo. 16J4 w Ap~ 14, 2009 Page 39 of 48 d.S o..-p..r'f'tnMit of Just.. l" Office O~09Nl.11S 1- "''''''"''''1''.'''''' ""-- RECOVERY ACT Office of Justice Programs (OJP) Recovery Act Additional Requirements (Applicable to Programs Funded under the American Recovery and Reinvestment Act of 2009, Public Law 111-5) On February 17, 2009. President Obama signed inlo law the landmark American Recovery and Reinvestment Act of 2009 (the ~Reco"ery Act"). As one of its many elements, the Recovery Act provides the U.S. Department of Justice with funding for grants to assist state, local, and tribal law enforcement (including support for hiring), to combat violence against women, to fight internet crimes against children, to improve lhe functioning of the criminal justice system. to assist victims of crime, and to support youth menloring. DOJ is committed to worlo:.ing with our national, state, local and tribal partnerships to ensure this funding invests in the American workforce. Successful applicants for awards under OJP Recovery Act programs must comply with various applicable requirements, including the foJlowing. ~h~"t"'I.~!."WJ!SP1~~W<<ll'~~;_M' The Recovery Act places great emphasis on accountability and transparency in the use of taxpayer dollars. Among other things, it creates a new Recovery Accountability and Transparency Board and a new website.. Recovery.gov -- to provide information to the public, induding access to detailed information on grants and contracts made with Recovery Act funds. As indicated in the "Accountability and Transparency under the Recovery Act" section of the program solicitation, awardees of Recovery Act funds must comply with the extensive reporting requirements. Quarterly financial and programmatic reporting will be required; reports will be due within 10 calendar days after the end of each calendar quarter. Applicants for and recipients of awards may expect that a standard form(s) and/or reporting mechanism will be made available at a future date. Additional instructions and guidance regarding the required reporting will be provided as they become available. For planning purposes, however, all applicants for and recipients of awards of Recovery Act funds should be aware thai Recovery Act section 1512(c) provides: (c) Recipient Reports. NOllater than 10 days after the end of each calendar quarter, each recipient that received recovery funds from a Federal agency shall submit a report to that agency that contains- (1 ) the total amount of recovery funds received from that agency; (2) the amount of recovery funds received that were expended or obligated to projects or activities; and (3) a detailed list of all projects or activities for which recovery funds were expended or obligated, including.. (A) the name of the project or activity; (B) a description of the project or actJvity; (e) an evaluation of the completion status of the project or activity; (0) an estimate of the number of jobs created and the number of jobs retained by the project or activity: and (E) for infrastructure investments made by State and local governments, the purpose, total cost. and rationale of the agency for funding the infrastructure investment with funds made available under this Act, and name of the person to contact at the agency if there are concerns with the infrastructure investment. (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements reqUIred to comply with the Federal Funding Accountability and Transparency Act of 2006 (PubliC Law 109.282), allowing aggregate reporting on awards below 525,000 or to indiVIduals. as prescribed by the Director of the Office of Management and Budget. Section 1511 of the Recovery Act: Certifications (if applicable) http://www.ojp.usdoj.gov/rccovery/solicitationrequirements.htm 31 I 5/2009 j Office of Justice Programs: Recovery Act Infonnation Seclion 1511 of the Recovery Act provides- With respect to covered funds made available to State or local governments for infrastructure investments. the Governor, mayor. or other chief executive. as appropnate. shall certify thai the Infrastructure investment has received the fun review and vetting required by law and that the chIef executive accepts responsibility that the infrastructure investment IS an appropriate use of taxpayer dollars. Such certification shall include a description of the 1"\l85tmen!, the estimated total cost, and the amounl of covered funds to be used. and snail be posted on a website and linked 10 the websile established by section 1526. A State or local agency may not receive infrastructure investment funding from funds made available In this Act unless this certification is made and posted. Section 1602 of the Recovery Act: Preference for Quick-Start Activities (if applicable) Section 1602 of the Recovery Act provides- In using funds made available in this Act for infrastructure investment, recipients shall give preference to activities that can be started and completed expeditiously, including a goal of using at least 50 percent of the funds for activities that can be initiated not later than 120 days after the date of the enactment of this Act. Recipients shall also use grant funds in a manner that maXimizes Job creation and economic benefit. Section 1604 of the Recovery Act: Limit on Funds Section 1604 of the Recovery Act provides- None of the funds appropriated or otherwise made available in this Act may be used by any State or local government, or any private entity, for any casino or other gambling establishment, aquarium. zoo, golf course, or swimming pool. Section 1605 of the Recovery Act: Buy American (if applicable) Section 1605 of the Recovery Act provides- Use of American Iron, Steel. and Manufactured GoodS. (a) None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the proJect are produced in the United States, (b) Subsection (a) shall not apply in any case or category of cases in which the head of the Federal department or agency involved finds that-- (1) applying subsection (a) would be inconsistent with the public interest; (2) iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) inclusion of iron, steel, and manufactured goods produced In the United States will increase the cost of the overall proJect by more than 25 percent. (c) If the head of a Federal department or agency determines that it is necessary to waive the application of subsection (a) based on a finding under subsection (b), the head of the department or agency shall publish in the Federal Register a detailed written justification as to why the provision IS being waived. (d) This section shall be applied in a manner consistent with United States obligations under international agreements. Section 1606 of the Recovery Act: Wage Rate Requirements (if applicable) Section 1606 of the Recovery Act provides- Notwithstanding any other provision of iaw and in a manner consistent WIth other provisions in this Act, all laborers and mechamcs employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to this Act shall be paid wages at rates not iess than those prevailing on projects of a character similar 10 the locality as determined by the Secretary of labor in accordance with subchapter IV of chapter 31 of title 40, UOIted States Code. With respect to the labor standards speCified in this section. the Secretary of Labor shall have the authority and funchons set forth in Reorganization Plan Numbered 14 of 1950 (54 Stat. 1267; 5 V.S.C, App.) and section 3145 of title 40, United States Code Section 1607 of the Recovery Act: Additional Funding Distribution and http://www ,ojp, usdoj, gOY /recovery/sol ici tationreq uirements. him Page 2 of 8 f:<jenja item No, 16J4 L\~nii 14, 2CCi9 ?age 40 of L18 3/1 5/2009 Office of .lust ice Programs: Recovery Act Information Assurance of Appropriate Use of Funds (if applicable) Section 1607 of the Reco\lery Act provides- (3) Certification by Governor. Not later than 45 days atter the dale of enactment of this Act, for funds provided to any State or agency thereot, the Governor of the Stale shall certify that: (1) the Slate will request and use funds pro'Vided by this Act; and (2) the funds Will be used to create Jobs and promote economic growth. (b) Acceptance by State Legislature- If funds provided 10 any State in any division of this Act are not accepted for use by the Govemor, then acceptance by the State legislature, by means of the adoption of a concurrent resolution, shall be sufficient 10 provide funding 10 such State. (c) Distributlon- After the adoption of a State legislature's concurrent resolution, funding 10 the State will be for distribution to local governments, councils of government publiC entities, and public.private entities within the State either by formula or althe State's discretion. Section 1609 of the Recovery Act: Relating to National Environmental Policy Act Section 1609 of the Recovery Act provides. (a) FINDINGS- (1) The National Environmental Policy Act protects public health, safety and environmental quality: by ensuring transparency, accountability and publiC involvement in federal actions and in the use of public funds; (2) When President Nixon signed the National Environmental Policy Act into taw on January 1, 1970, he said that the Act provided the "direction" for the country to "regain a productive harmony between man and nature"; (3) The National Environmental Polley Act helps to provide an orderly process for considering federal actions and funding decisions and prevents ligation and delay thai would otherwise be inevitable and existed prior to the establishment of the National Environmental Polley Act. (b) Adequate resources within this bill must be devoted to ensuring that applicable environmental reviews under the National Environmental Policy Act are completed on an expeditious basis and that the shortest existing applicable process under the National Environmental Policy Act shall be utilized. (c) The President shall report 10 the Senate Environment and Public Works Committee and the House Natural Resources Committee every 90 days following the date of enactment until September 30, 2011 on the status and progress of projects and activities funded by this Act with respect to compliance with National Environmental Policy Act requirements and documentation. Non-supplanting of State and Local Funds (if applicable - consult the program solicitation and the special conditions in the award document) Grantees must use federal funds to supplement existing State and local funds for program activities and must not replace (supplant) State or local funds that they have appropriated or allocated for the same purpose. Potential supplanting will be the subject of monitoring and audit. Violations may result in a range of penalties, including suspension of current and future funds under this program, suspenSion or debarment from federal grants, recoupment of monies provided under a grant, and civil and/or criminal penalties. For additional guidance regarding supplanting, refer 10 the information provided at http://\f(WW<ojp.\.Jsdo]_govlrecovery/supplanling g u id a n ce . htm. Civil Rights Compliance As a condition for receiving funding from the Office of Justice Programs (OJP), recipients must comply with applicable federal civil rights laws, including Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and the Justice Department's regulation for the Equal Treatment of Faith-Based Organizations. Depending on tt1e funding source, a recipient must also comply with the nondiscrimination provisions within the applicable program statutes, which may indude the Omnibus Crime Control and Safe Streets Act of 1968, the Victims of Crime Act, or the Juvenile Justice and Delinquency Prevention Act. Collectively, these federal laws prohibit a recipient of OJP funding from discriminating either in employment (subject to the exemption for certain faith-based organizations discussed below; see -Funding to Faith-based Organizations") or in the delivery of services or benefits on the basis of race, color, national origin, sex. religion, or disability, In addition, OJP recipients may not discriminate on the basis of .<Ige in the delivery of servir..es or benefits For more information on these laws, piease click here. Compliance with Title VI at the Civil Rights Act of 1964, which prohibits recipients from discriminating on the basis or national origin in the delivery of services or benefits, entails laking reasonable steps to ensure that persons with limited English proficiency (LEP) have meaningful access to funded programs or ""ctivities. An lEP person is one whos~ first l;;mglJ.;Ige is not English ",nct wtlo has a !imi'~d ability IQ http://www.ojp.usdoj.gov/recovery/solicitationrequirements.htm Page 3 of 8 Agenda item No. i 6J4 April '4 2009 P2)gS 41 of 48 3/15/2009 Office of Justice Programs: Recovery Act Information read. write. speak, or understand English. To assist recipients in meeting their obligation 10 serve LEP persons, the Justice Department has published a guidance document, which is available at www lep gov. The OJP encourages applicants and recipients to include within their program budgets lhe costs for providing mterpretation and translation services to eligible LEP service populations. For technical assistance on complYing with the civil rights Jaws linked 10 rl'1e receipt of federal financial assistance from OJP, please contact the Office for CiVil Rights by telephone at (202) 307.0690, by facsimile at (202) 616-9865, by TTY at (202) 307-2027, or by mail at the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 7th Street, NW Washington. DC 20531 Funding to Faith-Based Organizations In 2002, Executive Order 13279 was issued and in 2004, the Department of Justice (DOJ) issued the regulation, Equal Treatment for Faith-Based Organizations, 26 C.F.R. Part 38, In general, the Executive Order and regulation require funding organizations to treat faith-based organizations (FBOs) the same as any other applicant or recipient of DOJ funding, neither favoring nor discriminating against FBDs in making and administering grant awards, and require that FBOs be allowed to retain their independence, autonomy, expression, and religious character when competing for DOJ financial assistance used to support social service programs and participating in the social service programs supported with DOJ financial assistance. The Executive Order and regulation also prohibit recipient FBOs from using Justice Department funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship. Funded FBOs may, of course, engage in inherently religious activities: however, these activities must be separate in lime or location from the federally assisted program. Moreover, funded FBDs must not compel program beneficiaries to participate in inherently religious activities. Funded faith-based organizations must also not discriminate on the basis of religion in the delivery of services or benefits, Some program statutes, including the Omnibus Crime Control and Safe Streets Act of 1968, the Victims of Crime Act, and the Juvenile Justice and Delinquency Prevention Act, contain express nondiscrimination provisions that prohibit all recipients of funding under these statutes from discriminating on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonabiy construed, on a case-by.case basis, to require that its funding agendes permit FBOs applying for funding under the applicable program statutes both to receive DOJ funds and 10 contlnue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion In employment decisions by grantees. If the statute that authorizes a DOJ funding program generally forbids consideration of religion in employment decisions by grantees, an FBO may receive DOJ funds and continue 10 consider religion when hiring staff if it meets the following criteria: 1. The FBO demonstrates that its program for which it seeKS federal funding is an exercise of religion; 2. The FBO demonstrates that requiring it to either forgo its religious preference in hiring or forgo the federal funding would substantially burden its exercise of religion; and 3. The funding entity is unable to demonstrate that applying the nondiscrimination provision to this FBO would Ooth further a compelling government interest and be the least restrictive means of furthering this interest. The OJP and stale administenng agencies will grant exemptions to the prohibition against hirmg discrimination on the basis of religion in the program statutes on a case-Oy-case basis to FBOs that certify to the following, unless there is good reason to question its truthfulness: The FBG will offer all federally-funded services to all qualified beneficiaries without regard for the religious or non-religIOUS beliefs of those Individuals; and 2_ Any activities of the FBD that contain inherently religious content will be kept separate in time or location from any services supported by direct federal funding, and if provided under such conditions, will be offered only on a voluntary basis: and http://w\Vw.ojp.usdoj.gov/recovcry/solicitationrequirements.htm Page 4 of8 .~"g2nda item ~~o. 16J4 L\pri! i4. 2009 ;::'age 42 of ~~8 3/15/2009 Office of Justice Programs: Recovery Act Information 3. The FBO is a religious organization that sincerely believes that providing the services in question is an expression of its religious beliefs; ttlat employing individuals of particular religious belief is important to its religious exercise; and that having to abandon its religious hiring practice to receive federal funding would substantially burden its religious exercise. FBOs that are seeking federal financial assistance under the Safe Streets Act. VQCA. and JJDPA as well as an exemption to their prohibition against religious discrimination in hiring, must complete and retain an orlgina', signed document for their records (see sample), certifying to the three provisions set forth above, and then, must work with OJP to attach It to the grant file afte, receipt of an award. For more information, please consult OJP's Office for CiVil Rights. Confidentiality and Human Subjects Protection (if applicable) U,S. Department of Justice regulations (28 CFR Part 22) require recipients of OJP funding to submit a Privacy Certificate as a condition of approval of any grant application or contract propo.....al thaI contains a research or statistical component under which Minformation identifiable to a private personw will be collected, analyzed. used, or disclosed. The funding recipient's Privacy Certificate includes a description of its policies and procedures to be followed to protect the confidentiality of identifiable data. 28 CFR section 22.23. The Department's regulations provide, among other matters, that: "Research or statistical information identifiable to a private person may be used only for research or statistical purposes: 28 CFR section 22.21. Moreover, any private person from whom information identifiable 10 a private person is collected or obtained (either orally or by means of written questionnaire or other document) must be advised that the information will only be used or disclosed for research or statistical purposes and that compliance with the request for information is voluntary and may be terminated at any time. 28 CFR section '22.27. In addition, the Department of Justice has regulations with respect 10 the protection of human research subjects. See 28 CFR Part 46. In brief, 28 CFR Part 46 requires that research involving human subjects that is conducted or supported by a Federal department or agency be reviewed and approved by an Institutional Review Board (IRS). in accordance with the regulations, before Federal funds are expended for that research. As a rule, persons who participate in Federally~funded research must provide their "informed consent" and must be permitted to terminale their participation at any time. Funding recipients, before they will be allowed to spend OJP funds on any research activity involving human subjects, must submit appropriate documentation to OJP showing compliance with 28 CFR Part 46 requirements, as requested by OJP. General information regarding Data Confidentiality and Protection of Human Research Subjects (and Model Privacy Certificates and other forms) can be found on the following web sites: www,ajp.usdoj.gov/1orms.htm; www.ojp,usdoj,go\l'/nij/fundingmJJmansubjects/index.html; www_ojp.usdoj.govlbjs/pub/pdf/bjsmpc.pdf; and www,ojp_usdoj,gov/bjslfunding_htm. Anti-Lobbying Act The Anti-Lobbying Act (18 U.S.C. 9 1913) recently was amended to expand significantly the restriction on use of appropriated funding for lobbying. This expansion also makes the anti-lobbying restrictions enforceable via large civll penalties, with civil fines between $10,000 and $100,000 per each individual occurrence of lobbying activity. These restrictions are in addition to the anti.lobbying and lobbying disdosure restrictions imposed by 31 U.S.C. 9 1352. The Office of Management and Budget (OMS) is currentty in the process of amending the OMS cost circulars and the common rule (codified at 26 C.F.R. Part 69 for U.S. Departmenl of Justice grantees) to reflect these modifications. However, in the interest of full disclosure, no federally appropriated funding made available under this grant program may be used, either directly or indirectiy, to support the enactment, repeal. modification or adoption of any law, regulation, or policy, at any level of government, without the express approval by OJP. Any violation of this prohibition is subject to a minimum $10,000 fine for each occurrence. This prohibition applies 10 all activity, even if currently allowed within the parameters of the existing OMS circulars. Financial and Government Audit Requirements Federal grants are governed by the provisions of the OMS circulars applicable to financial assistance and OJP's FmanClal GUide, which is available from the OJP Web site (wwwoJP,usdojgovtoc). The Financial GUide incJudes information on allowable costs. methods of payment. audit requirements, accounting systems, and financial records. This document will govern how all successful applicants administer funds. Audits of state and local units of government, institutions of higher education, and other nonprofit institutions must comply with the organizational audit requirements of OMS circular A.133. which states http://www.ojp.usdoj.govlrecovery/solicitationrequirements.htm Page 5 of8 AGenda item 1\10. 16J4 ~ April 14, 2009 Page 43 of 48 3/1 5/2009 i Office of Justice Programs: Recovery Act Information that recipients who expend 5500,000 or more of federal funds during their fiscal year are required to submit a single organization wide financial and compliance audit report to the Federal Audit Clearinghouse within 9 months after the close of each fiscal year during the term of the award. National Environmental Policy Act (if applicable) All OJ? awards are subject to the National Environmental Policy Act (NEPA) and other related Federal laws, if applicable. 42 use section 4321 at seq. The Department of Justice has established procedures 10 implement NEPA. See 28 CFR Part 61. The regulations state that "all federal agencies are required to give appropriate consideration to the enVIronmental effects of their proposed actions in their declsionmakmg and to prepare detailed environmental statements on .. major federal actions significantly affecting the Quality of the human environment." 28 CFR section 61.2. Under the regulations, the Department of Justice. among other things, is required 10 "[cjonsider from the earliest possible pornt in the process all relevant environmental documents in evaluating proposals for Department aclionf.r 28 CFR section 61_6. OJP has responsibility to ensure compliance with NEPA and 28 CFR Part 61, including Appendix D. For many projects that are funded by OJP, NEPA may have no applicability. However, if OJP funds will be used, for example, to pay for renovation projects or new construction, programs involving the use of chemicals, or any other activity, induding research and technology development, that may have an effect on Ihe environment, at a minimum, the funding recipient must provide a full description of proposed project activities to OJP, and an Environmental Assessment (EA) will need to be prepared. Prior to allowing a recipient to spend OJP funds for such a project, OJP must make a finding that the project does not Significantly affect the human environment and that further envIronmental assessment is not necessary. DOJ Information Technology Standards (if applicable) As appropriate, all equipment and software developed under OJP awards must be compliant with U,S. Department of Justice information technology inleriace standards, including the National Criminal Intelligence Sharing Plan, the Global Justice XMLData Model, and the Law Enforcement Information Sharing Plan (LEISP). A list of additional standards can be found at the OJP Standards CJeannghouse. Single Point of Contact Review Executive Order 12372 requires applicants from state and local units of government or other organizations providing services within a state to submit a copy of the application to the state Single Point of Contact (SPOC) if one exists and if the state has selected this program for review. A list of state SPOCs is available on the OMS Web site (www_whrtehousegov/omb/grants/spoc_html). Applicants must contact their state SPOCs to determine whether their programs have been selected for state review. The applicant should enter the date that the application was sent to the SPOC or the reason such submission is not required in Block 3 of the Overview section of the GMS application. Criminal Penalty for False Statements False statements or claims made in connection with OJP grants may result in fines, imprisonment, and debarment from participating in federal grants or contracts, and/or other remedies available by law. Compliance with Office of Justice Programs Financial Guide Awardees must comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial GUIde. Suspension or Termination of Funding OJP may suspend funding in whole or in part, terminate funding, or impose other sanctions on a recipient for the following reasons: . Failing 10 comply substantially With the requirements or statutory objectives of the appropriate Act, program guidelines issued thereunder. or other provisions of federal law. . Failing 10 make satisfactory progress toward the goals, objectives, or strategies set forth in the application. . Failing to adhere to the requirements in the agreement, standard conditions, or speCial http://www.ojp.usdoj.gov/recoverylsolicilationrequirements.htm Page 6 of 8 ,c..genda Item No. 16J4 ,I\pei! 14 2009 Page 44 of 48 3115/2009 l Office of Justice Programs: Recovery Act Information conditions. . Proposing or implementing substantial plan changes to the extent that. if originally submitted, the application would not have been selected for funding. . Failing 10 submit reports. . Filing a false certification in this application or other report or document. Before imposing sanctions, OJP will provide reasonable notice to the recipient of its intent to impose sanctions and will attempt to resolve the problem informally. Hearing and appeal procedures will follow those in U ,5. Department of Justice regulations in 28 CFR Part 1 B. Non-profit organizations In all OJP funded programs for which nonprofit organizations are eligible recipients or subrecipients, with the exception of those funded under authority of the Juvenile Justice and Delinquency Prevention Act. it is Department of Justice policy that an organization can demonstrate its non-profit status in any one of four methods: 1. submission of proof of 501 (c)(3) status from the Internal Revenue Service 2. submission ot a statement from the State taxing authority or State Secretary of State, or other similar official certifying that the organization is a nonprofit operating within the State. and that no part of its net earnings may lawfully benefit any private shareholder or individual; 3. submission of a certified copy of the applicant's certificate of incorporation or similar document; Of. 4, submission of any item above, it that item applies to a State or national parent organization, together with a statement by the State or parent organization that the applicant is a local nonprofit affiliate. All nonprofit subrecipients of formula funds provided under the Juvenile Justice and Delinquency Prevention Act must have 501 (c)(J) status recognized by the Intemal Revenue Service. For-Profit Organizations For-profit organizations that receive grant funds trom OJP should be aware that additional special conditions are placed on awards to such organizations. Among other things, commercial organizations must agree not to make a profit as a result of an award and nollo charge a management fee for the performance of an award. Also, commercial organizations must agree to comply with the contract cost principles of subpart 31.2 of the Federal Acquisition Regulations. Government Performance and Results Act (GPRA) Awardees must collect data (on a quarterly, semi-annually, or annual basis, as requested) appropriate for facilitating compliance with reporting requirements established by Public Law 103.62. the Government Performance and Results Act. The funding recipient must ensure that valid and auditable source documentation is available to support all data collected for each performance measure specified in the program solicitation. Rights in Intellectual Property In connection with OJP awards, the U.S. Department of Justice reserves certain rights with respect to data, patentable inventions, wor1c:s subjecl to copyright, and other intellectual property associated with an award of Federal funds. See. eg., 28 C.F.R. 9 ~ 66.34.70,36. and 37 C.F,R. Part 401. Federal Funding Accountability and Transparency Act (FFATA) of 2006 Applicants that receive an award trom the OJP should be aware of the requirements of the Federal Funding Accountability and Transparency Act (FFATA) of 2006, which calls for the establishment of a of a single searchable website that is accessible by the pUbliC and includes the following Information for each Federal award: http://w\Vw.ojp.usdoj.gov/recovcry/solicitationrequirements.htm Pa.14e 7 of 8 Aaenda Item NtJ, 16J4 - April 14, 2009 Page 45 of 48 3/1512009 ! Office ofJustice Programs: Recovery Act IntomlatlOn (1) The name of the entity receiving the award; (2) The amount of the award; (3) Information on the award including the transact/on type, funding agency. the North American Industry Classification System code or Catalog of Federal Domestic Assistance number (where applicable). program source. and an award tlUe descriptive of the purpose of each funding action; (4) The location of the entity receiving the award and primary location of performance under the award, Including tl1e city. state, congressIonal district, and country; (5) A unique identifier at the enbty receiving award and of the parent entity of the recipient, should the entity be owned by another entity: and, (6) Any olher relevant information specified by OMS. Direct grant award information must be collected starting in FY 2007 and available for disclosure beginning in January 2008; subgrantee award data must be available beginning in January 2009. OJP will be responsible for collecting grantee information and providing it to the publiC website, using data provided by grantees through grants,gov and the Grants Management System. Additional information regarding these reQuirements will be provided when available. For updates, please Visit the FFATA website at www,fedspendlng,gov. h ltp:l Iwww . oj p. usdoj . gov Irec 0 v ery 1 SO lie i tatio nreq u i rem en ts. h 1m I'age ~ OJ ~ AJenda Item No. 16J4 , .I\pril 14 2009 Page ~6 of 48 3/15/2009 Agenda liem No. 16J4 /\pril 14, 2009 Page 47 of 48 U S DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Recovery Act- Ju.tice Aul.lance Grant (JAG) Program General Certification as to Requirements for Receipt of Funds for Infrastructure Investments On behalf of the applicant State or unit of local government (including tribal government) named below, I certify the following to the Office of Justice Programs ("OJP"), US Department of Justice: I have personally read and reviewed the section entitled "Eligibility" in the program announcement for the Recovery Act grant program named above. I also have persona lIy read and reviewed section 1511 of the American Recovery and Reinvestment Act of 2009 (the "Recovery Act"), which requires a specific certification prior to receipt of Recovery Act funds for infrastructure investments, Initial the statement that applies: _ The applicant identif ied below do.. not Intend to u.e any portion of any DF funds received under this Recovery Act grant program for any infrastructure investment. Should this intention change, the applicant will promptly notify OJP, and (except to the elClent. if any, that OJP has given prior written approval to expend funds to conduct the review and vetting required by law) will not draw down, obligate, or expend any funds received under this Recovery Act program for any infrastructure investment project until section 1511 of the Recovery Act has been satisfied, and an adequate p reject-specific certification has been executed, posted, and submitted to OJP. _ The applicant identif ied below doe. Intend to u.e some or all of any funds received under this Recovery Act grant program for one or more infrastructure investment projects. Except to the extent. if any, that OJP has given prior written approval to expend funds to conduct the review and vetting required by law, I agree that the applicant entity will execute, post. and submit to OJP, prior to obligating, expending, or drawing down funds for such project, a project-specific certification that satisfies all of the requirements of section 1511 (including execution by the Governor, mayor, or other chief executive, as appropriate) for each such Infrastructure investment proJect. e.....e ~o 1 tlL031' ,",pprO..1I Elp".' it30:2009 15 ~1-' Agenda item No. 16J4 April 14. 2009 Page 48 of 48 Page 2 of 2 US DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS General Certification as to Requirements for Receipt of Funds for Infrastructure Investments I acknowledge that a false statement In this certification may be subject to criminal prosecution, including under 18 U.SC ~ 1001. I also acknowledge that Office of Justice Program grants, including certifications provided In connect ion with such grants, are subject to review by the Office of Justice Programs andlor by the Department of Justice's Office of the Inspector Gener al. I have authority to make this certification on behalf of the applicant (that IS, the governmental entity applying directly to the Office of Justice Programs). Signature of Certifying Official Donna Fiala Printed Name of CertifYing OffiCial Chairman, Collier County Tille of Certifying Official Board of County Commissioners Collier County Sheriff's Office Full Name of Applicant Government Entity Date O'-4B ~ ~ '21.C)2J A,pptOy.t E.p,r.. 9-3012009 '6