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Backup Documents 05/12/2009 Item #16J 3 16J 3 MEMORANDUM Date: May 12,2009 To: Joyce Houran, Grants Coordinator Collier County Sherifrs Office From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Certificate for the Edward Byrne Memorial Justice Assistance Grant (JAG) Program, American Recovery and Reinvestment Act of 2009 Attached is the original grant application (Agenda Item #16J3) approved by the Board of County Commissioners on Tuesday, May 12, 2009. The Minutes & Records Department has retained a copy as part of the Board's perrnanentrecord. If you have any questions you can contact me at 252-7240. Thank you. .'~~'__O"_ ~ II _-, I -,.. ~-'_.'~-'~<~_.~.~~~.."--~----"-"-'-~--'-'--""~'- 16J 3 CERTIFICATE OF PARTICIPATION Edward Byrne Memorial Justice Assistance Grant (JAG) Program American Recovery and Reinvestment Act of 2009 Date: May 12. 2009 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 --1L. 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 - American Recovery and Reinvestment Act of 2009. 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: Joyce Houran Title: Collier County Sheriff's Office Grant Coordinator E-mail address: qrants@colliersheriff.net Agency: Collier County Sheriff's Office AddresS:3301 Tamiami Trail East, Bldg. LT-1, Naples, Fl_ 34112 Telephone: 239-793-9346 County: Collier Date: May 12, 2009 Sinc?f~ J~ . 'T Chair, Board of County Commissioners ~ i.' " . ~ . , , . ~ <.' . . i"'. <"" '. ", Approved 8S to form & legal sufficiency ~, A TTES,.: --0-a/~O~~ DWIGH,T E. BAOC , Col n Greene, Assistant County Attorney .~~".....,-, .- ._, 16J 3 MEMORANDUM Date: May 28, 2009 To: Joyce Houran, Grants Coordinator Collier County Sheriffs Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Technology Improvement Program RA Grant Part of the Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant Program (American Recovery and Reinvestment Act of 2009) Attached is the original grant application (Agenda Item #16J3) approved by the Board of County Commissioners on Tuesday, May 12,2009. The Minutes & Records Department has retained a copy of the document as part of the Board's permanent record. If you have any questions you can contact me at 252-8406. Thank you. Attachment __F"..__,_.."'............,...".".,'~_^.~ "....".'"_.'"-~,.~.~-----,_. ----- ~ 16r!} 1 I TEM NO: <r8 - 3F\-1 ' 0001 ~DATE R"ECEIVED: ;' I/.... I)), v/'f" FILE NO.: ~- l.. ;'1//1 ,,!"~/~ 'Uf!~ (j( ROUTED TO: "'" .,. '.....'1- / - , i " / !/. " r) . 'I' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ""~'75":>. - - - - - - ~ -}- - - - - - - - - - - DO NOT WRITE ABOVE THIS SPACE REQUEST FOR LEGAL SERVICES .)/ (Please type or print) G.J.1'cA TIME SENSITIVE - RA GRANT DOCUMENTS ()rY1& Date: May 26, 2009 Colleen Greenef~~~~/Ds,Q- To: Office of the County Attorney Attention: From: / Finance Director ,I , (Title) Finance Division (Division) (Department) Re: Justice Assistance Grant (JAG) - AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (Subj ect) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be ~, ~, and articulate) . On May 12, 2009, the BOCC approved Item 15 J 3 for the County Commission to be the local coordinating unit of government, approve the Sheriff as the official applicant, Sheriff's Office staff as grant program and financial managers, authorize the Board Chairman to execute the Certificate of Participation for the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance ( JAG) Grants (American Recovery and Reinvestment Act of 2009) , approve the Sheriff's Office grant applications for fiscal year 2009/2010, authorize acceptance of awards, and approve associated budget amendments. Board Chairman Donna Fiala's signature is needed on several of the Collier County Sheriff's Office Child Abuse/Sexual Offender/Sexual Predator Project RA grant documents. Legal review is requested before submitting these documents to Chairman Fiala to sign. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes. Executive Summary and Certificate of Participation THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) RLS file number unknown; however, the RLS was signed off on by CMG on 5/1/09. ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of request. OTHER COMMENTS: C: Kevin Rambosk. Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer.) ~~ -.~.__.."-,, .,_..~.,_.--, fl <I 16J 3 AGENDA TRANSMITTAL SLIP I Agenda Item ~ # Requested Agenda Date: 5/12/09 (15) Staff and Commissioner (16) Consent Agenda Communications Summa A enda !1 d-lli I I I Reviewed Date: l Requested by: lO0t lC \J~\.(,.~te: 4/27/09 - '1' 1.; ." I Carol Golightly, Finance Oi ctor ~ County Manager: Date: Division Head: Date: 4/27/09 sk, Sheriff Item Title: Edward Byrne Memorlall Justice Assistance Grant List of Documents Attached: 1. Executive Summary (required) 2. Certificate of Participation 3. 4. 5. ,\PPRO'/ED S/I :))0 r J1zm /(:; J- 3 <""-._- . -'~-_._---- ~----- .~~ '\"(~ 16J3 ITEM NO: \~_ ~l' (', rl\ (.J (f:,-.J DATE RECEIVED:. ., 'I. IHt FILE NO.: ; ';-r,l.l . '. ...r' v ROUTED TO:. ',0' \~ 1 i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -'-'.f 1~ ~-\- - - - - - - - - -- _". '"l () ".1 '. .. ,..... . . .'. ", .. (.) . REQUEST F~~ LEGAL SERVICES OC~ TIME SENSITIVE ~ GRANT DOCUMENTS /\' U _.m_~ --'-.'..0.- ----- ..... -..-....------ -'- 0 .p\'. / ~ 'v' ,\~ \) Date: April 27,2009 "\)...,y V\' C'" L\ To: Office of the County Attorney Attention: Colleen Greene. ESq.f.1' From: Carol Goliqhtly (\ ~" , Finance Director ~ Sheriff's6ifice 0 Fina~ce Division , ~ I II' ......:" Re: Justice Assistance Grant (JAG) - AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 ,I .- ! BACKGROUND OF REQUEST/PROBLEM: : ~": I .h.... ~t t';~'1n I:;J I...'.... I.t, \.-.'f1 ,'ad lnt. !'ndr:1\ t...~,~, 1ll,j lIt l 'l~Ltt~ Fiscal year 2009/2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (American Recovery an9 Reinvestment Act of 2009) has been allocated to Collier County by the Florida Department of Law Enforcement. Board approval is requested by the Sheriff's Office to: 1. Seek appointment of the Collier County Commission as the coordinating unit of government for fiscal year 2009/2010 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program funds and execute the Certificate of Participation. 2. Approve the Sheriff as the chief official applicant; the CCSO Finance Director as the grants' chief financial manager, and the CCSO Grant Coordinator as the grants' contact person. 3. Approve Sheriff's Office fiscal year 2009-2010 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program applications when completed, and accept grant awards and approve associated budget documents. (Are there documents or other information needed to review this matter? If ye.. attach and reference this information). Ye., Executive Summary and Certificate of Participation THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. :f ~l"". "''; .t.tT:...~L i-1 ':,J... . .:.. ;.... ::,.',' ~~;.... :.:~ ';'.i",t~1 ACTION REQUESTED: r'~' "f ;,. .~. '~",. ~ .0(,' ".',t' . "o-.j ~'. ~," t' "II. 'I Legal approval of request. OTHER COMMENTS: c: Kevin Rambosk. Sheriff ..... '!.'- ... ~. ~." I . q; ~: 'I" , l . . . . . ."-'-'-'" "'-- ., ct 16J3 EXE(TTI\'E St:~I:\'ARY RE(,O~I~IE~D THAT THE BOARD OF COl'~TY CO~I~IISSIO~F.RS SERVE AS THE LOCAL COORDINATING l'NIT OF GOVERN~'ENT IN THE FLORIDA DEPART~'E~T OF LA W ENFORCF.~'ENrS EDWARD B\'R.~E ~'EMORIAL Jl'STlCE t\SSIST..\NCE GRANT (JAG) PRO(;JU~I (A~IERICAN RECOVERY AND REINVEST~IE:\T ACT OF 2009) AND DESIGNATE THE SHERIFF AS THE OFFICIAL APPIJCANT, A~D SHERIFF'S OFFICr. STAFF AS GRANT PROGRA~I AND FINANCIAL MANAGERS OF SHERIFF'S OFFICE APPLICATIONS, AND EXECl'TE THE CERTIFICATE OF PARTICIPATION. OBJECTIVE: To seck appointment of the Collier County Commission as the coordmating unit of government for local applications for the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program (American Recovery and Reinvestment Act of 2009) and designate the Sheriff as the official applicant, and Sheriffs Office staff as grant program and tinancial managers of Sheriffs Office applications. and ex.ecute the Certificate of Participation, CONSIDERA TIONS: I. The Collier County Commission has participated in Edward Byrne Memorial programs for over 20 years, 2. Collier County Programs have proven to be valuable projects. 3. The Florida Department of Law Enforcement has allocated $757,237 for State fiscal year 2010 Collier County grants. 4. The Sheriffs Office will seek Edward Byrne Memorial grants for an authorized law enforcement grant program to continue the Child Abuse/Sex.ual Offender/Sexual Predator grant and an authorized law enforcement grant program for a Technology Improvement Program. Funds will support payroll costs for two Investigator positions, training, and computer equipment. 5. Board approval is needed for: the Collier County Commission to continue in the capacity oflocal coordinator, approve the Sheriff as the official applicant, the CCSO Finance Director as the grants chief financial manager, and the CCSO Grant Coordinator as the grants' contact person; approve Sheriffs Office grant applications for 2009/2010 when completed, and to authorize acceptance of awards and associated budget amendments. FISCAL IMPACT: None. No required match. GROWTH ~ANAGEMENT: None. RECOMMENDA TION: That the Collier County Commission agrees to be the local coordinating unit of government, approve the Sheriff as the official applicant, Sheriffs Office staff as grant program and financial managers, authorize the Board Chairman to execute the Certificate of Participation for the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance (JAG) Grants (American Recovery and Reinvestment Act of 2009), approve the Sheriffs Office grant applications for liscal year 2009/2010, authorize acceptance of awards, and approve associated budget amendments. / l I : I \ , ~, . I I PREPARED BY: (~C"-. "- '", ~ ~ t l.. C ,,~ ~ " L i Carol G. Golightly, Finance Director APPROVED BY: Kevin Rambosk, DATE: Aoril 27, 2009 Approved as to form & leg!l sufficiency C ({~ :fJr{!2~ CoIle8h Greene, Alliltat'lt County Attorney -,.,_.. .y-. ~. - -'-"--'",'"'--- .',>4""''''''''''''- "-'''", . .,~,." ()) I;}) 16J 3 CERTIFICATE OF PARTICIPATION Edward Byrne Memorial Justice Assistance Grant (JAG) Program American Recovery and Reinvestment Act of 2009 Date: May 12. 2009 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 -1L 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 - American Recovery and Reinvestment Act of 2009. 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: Joyce Houran Title: Collier County Sheriff's Office Grant CDOTnin~~aT E-mail address: qrants~colliersheriff.net Agency: Collier County Sheriff's Office AddresS:3301 Tamiami Trail East. Bldg. 3-1, Napl~~, Fl_ 14112 Telephone: 239 - 7 9 3 - 9 3 4 6 County: Collier Date: May 12, 2009 SinC7~ d~ Chair, Board of County Commissioners i . . . - Approved as to form & legal sufficiency o\TTEST: ~f~O~~ DWIGHTE. BRO~ 3Y~ Assistant County Attorney Attllt ". U. ;-.~"..,- .- . I...... ..t.ur. nftJ.IL........... Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide I I Subgrant Recipient Organization Name: Collier County Board of Commissioners County: Collier Chief Official Name: Donna Fiala Title: Chairperson Address: 3301 Tamiami Trail East, Building F City: Naples State: FL Zip: 34112-4902 Phone: 239-252-8097 Ext: Fax: 239-252-3602 Email: donnafiala@colliergov.net Chief Financial Officer Name: Crystal Kinzel Title: Finance Director, Deputy Clerk Address: 3301 Tamiami Trial East Court Plaza 111/2 City: Naples State: FL Zip: 34112 Phone: 239-774-8075 Ext: Fax: 239-774-6179 Email: Crystal. Kinzel@c1erk.collier.f1.us Application Ref # 2010-ARRC-65 Section #1 Page 1 of 2 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) '~._~-- . ~--'~ T ,......w. ,;_~,,,,_~_~...,, . u _..~"...__~._._. Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide I I Implementing Agency Organization Name: Collier County Sheriffs Office County: Collier Chief Official Name: Kevin Rambosk Title: Sheriff Address: 3301 Tamiami Trail East, Building J City: Naples State: FL Zip: 34112-4902 Phone: 239-793-9203 Ext: Fax: 239-793-9405 Email: grants@colliersheriff.net Project Director Name: Kenneth Becker Title: Sergeant Address: 3301 Tamiami Trail East City: Naples State: FL Zip: 34112 Phone: 239-793-9169 Ext: Fax: 239-793-9104 Email: svbsgt@colliersheriff.net Application Ref # 2010-ARRC-65 Section #1 Page 2 of 2 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) _.... "'''-~'''''_'._~--"..,.- .' ."~'~-'''''''-- ,-_.' , _."~-~--'-._---,--_._- Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide I I General Project Information Project Title: CHILD ABUSE/SEXUAL OFFENDERISEXUAL PREDATOR Subgrant Recipient: Collier County Board of Commissioners Implementing Agency: Collier County Sheriffs Office Project Start Date: 10/1/2009 End Date: 9/30/201 0 Problem Identification The specific problem to which this project is responding is the safety of all Collier County residents, primarily children under the age of eighteen (18); from registered sexual predators/sexual offenders and from sexual offenses by yet unknown criminal offenders. The transient nature of sexual predators and sexual offenders has increased the known population of ?registered? offenders/predators and the number of undocumented out-of-state sex offenders and predators. The increasing population also impacts the increased and proportional accompanying crimes against children. Under Florida Statute, while all sexual predators constitute ?sexual offenders?, not all sexual offenders constitute ?sexual predators? The Legislature finds that sexual predators and sex offenders who have committed their offenses against minors often pose a higher risk of engaging in sex offenses, even after being released from incarceration or commitment. Since an offender presents a high level of threat to public safety, coupled with the long-term effects suffered by victims of sex offenses, the State is provided with sufficient justification to implement specific strategies to protect all citizens from sexual offenders. For victims, of all ages, sex offenders and sexual predators look for opportunities that would take advantage of their victim?s vulnerable state. While adults may have the ability to prevent being placed in these types of situations, our children, by nature, are extremely susceptible and need additional protection to keep them from harm?s way. With FDLE maintaining the state database for registered sex offender/predators, and verifying addresses via mail-drops, the Collier County Sheriff?s Office (CCSO) is tasked with conducting physical checks of offender residential status. Although in May 2009 there were 201 registered sex offenders and 14 sexual predators registered in Collier County, the CCSO has routinely encountered other citizens (out of area sex offenders) within the County who have either failed to register, or have not been specifically designated by the court as a sex offender. Current strategies for tracking and monitoring sex offenders and predators are based on those that are ?documented? from prior arrests. A problem that will be addressed with this grant funding is locating offenders who are living in remote areas, or on the constant move from one remote area of this large county to another. As with many offenses there are offenders who have yet to have been arrested and identified residing in our county. Statistics have shown that many sex offenders commit 100-150 sex related offenses before being apprehended. The CCSO desires to maintain a progressive and proactive response, pursuing yet to be identified offenders and reducing recidivism of currently identified sex offenders. The CCSO?s specialized detective bureau designated to be responsible for all reported crimes against children, missing children, sexual battery (adults and children) and this Child Abuse/Sexual Offender/Predator Grant, is the [Special Crimes Bureau? (SCB)] Special Victims Unit and the Exploitation Unit. Funds are needed to maintain the current standard Byrne/JAG Child Abuse/Sexual Offender 1 Predator Detective position that will Application Ref # 2010-ARRC-65 Section #2 Page 1 of 5 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) ". -._,~~.,.. -"," . .. --...- P' ..n ,---" " " .,-<-_. ~_. . "-,-----~.__.~- Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide end on September 30,2009, and to fill an unfunded Detective position that is needed due to the increase in child abuse, sexual offender, and sexual predator related cases. Overtime and benefits for other certified Deputies is needed to increase coverage on these cases as called for. The estimated overtime needed will result in the equivalent of .23 FTEs. This grant will retain one position that would otherwise not be funded, fill one unfunded position, and add .23 FTE as a result of overtime. This SCB?s Special Victims Unit and Exploitation Unit?s responsibility covers child crimes investigations and offender tracking county-wide (2,025 square miles with a county-wide population of 382,426). The overall goal of the SCB 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. Feeling a sense of responsibility to the community and protecting our neighborhoods, these SCB Units have enhanced its efforts of conducting periodic checks, monitoring and surveillance of sexual offenders/predators before they attack again, helping to prevent further offenses against our children. This increased due diligence in enforcing Florida?s laws will likely increase the number of arrests, and, therefore, the number of individuals involved in sex offender tracking. These perpetrators by virtue of later convictions will be registering as sexual predators and sex offenders; resulting in an increase in the volume of monitoring cases. Special Crime?s Bureau?s Special Victims Unit and Exploitation Unit?s number of cases assigned per month each year is consistently increasing as compared to other investigative bureaus. Overall the Special Crimes Bureau has seen the following rates: 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 Crimes where children are the deliberate primary victims constitute a great proportion of investigative cases and involve every form of abuse and neglect imaginable; cases which disgust the very fabric of family and proper child caring. In addition, children that run away from home or are abandoned from their home as ungovernable or unwanted can easily fall prey to sex offenders and predators. These complicated and often time protracted case investigations outweigh the number of agency Detectives dedicated to general crimes and other investigative efforts, which in the past limited the amount of time that can be dedicated to this very important issue. Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds are direly needed to maintain one Detective, fill one unfunded Detective position and overtime for Certified Deputies for increased coverage on cases as called for, who will be totally dedicated to the investigation, apprehension, and prosecution of sex offender/predators/investigation of child crimes, which are at high risk of committing crimes against children under the age of 18. To support and result in more positive outcomes of this program, grant funds are sought in the amount of $324,637 for payroll costs, advanced specialized training, more up to date computer hardware and software, and ten pole cams for surveillance throughout this large county. Application Ref # 2010-ARRC-65 Section #2 Page 2 of 5 Contract -ARRC-COLL- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) ~,_...._'" -".".,-, ' .---_.~~~_.__.."- Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide Project Summary The Collier County Sheriff? Office (CCSO) proposes to increase its efforts with the enhancement and expansion of the Child Abuse/Sexual Offender/Sexual Predator project to protect the lives of children under the age of 18 in Collier County and improve interactions and multi-disciplinary approaches with other aspects of the criminal justice system. The CCSO proposes to continue the CCSO Child Abuse/Sexual Offender/Sexual Project with $324,637 from the Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program to maintain one Detective position, fill one unfunded Detective position, fund overtime for additional Certified Deputy overtime costs, advanced specialized training, more up to date computer hardware and software, and surveillance equipment resulting in better trained and better equipped staff who can focus on developing unique and creative approaches to tracking and monitoring sexual offenders and sexual predators. With the use of new practices, better statistical classifications can be developed which provide a clearer picture of the problems, solutions and outcomes developed through this project. The Detectives assigned to the grant will implement, maintain and coordinate the enforcement of child abuse and neglect laws, including laws protecting against child sexual abuse, and promoting programs designed to prevent child abuse and neglect. The primary objective of this project is to safeguard the community of Collier County, with a primary focus on protecting children from sexual predators and offenders while reducing crimes against children. Each case will take a radically different amount of time and grant funds will be utilized and expended to the maximum degree toward the development of strategies and improved methods of targeting sexual offender and sexual predator crimes committed against children. The CCSO grant funded Detectives and other SCB Special Victims Unit and Exploitation Unit Detectives will participate with the State Prosecutor in criminal prosecutions of these cases. With Collier County?s rapid growth come more offenders and predators. The current sexual offender/sexual predator Detective conducts nearly 300 address verifications each quarter with an estimated 100 attempted contacts during the same period. During the first quarter of 2009 (representing a typical three month-quarter?s activity) there were: 192 physical contacts and address verifications with OFFENDERS; 21 attempted contacts with OFFENDERS; 66 physical contacts and address verifications with PREDATORS; and 25 child abuse offenders arrested for various violations. The grant funded Detectives will perform and investigate address verifications as required by law, as well as surveillance of offenders likely to commit specific acts that might constitute a violation of their community control/probation. Additional funding will allow for Detectives to survey areas where undocumented sex offenders prey upon children whose likely convictions would qualify the offender to register as a sexual offenders/predator upon conviction. The Detectives will also serve as liaisons with the Department of Corrections (DOC) and other law enforcement agencies (local, state and federal) to identify movements of offenders between jurisdictions who might not be registered in Collier County. The Detectives will prepare material for the training of CCSO Deputies on the laws and requirements pertaining to sex offenders/predators, resulting in expanding the potential for apprehension and prosecution of offenders committing Application Ref # 2010-ARRC-65 Section #2 Page 3 of 5 Contract -ARRC-COLL- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) >-_.,,'..~ ~.._-- - ~.--, -, ; Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide crimes against children in Collier County. A large component of the grant project is public awareness. The CCSO currently posts monthly offender notices/updates in each substation, and the CCSO website colliersheriff.org has a Stay Safe link to information regarding sexual predators/offenders and news regarding sexual predators on the move. With this grant project, a plan will be developed to enhance public awareness through public service announcements, radio talk shows, newspaper articles, presentations and visits with Neighborhood Watch groups, and public presentations. Instituting a project such as this can evolve with ideas to help children and families such as Internet child safety guides, the promotion of programs that equip adults with the skills they need to safely raise children today, the publication of lists of questions to ask prospective child care givers, child safety public service announcements, and monthly child safety tips. During this grant period (October 1, 2009 through September 30, 2010), in addition to the mandated grant requirements it is the goal of the Special Crimes Bureau?s Special Victims Unit and Exploitation Unit to: 1. Conduct a minimum of three (3) joint operations (DOC Compliance Initiatives) with the Florida Department of Corrections (DOC) Probation Department in which offenders are verified for addresses and adherence to probation and community control obligations. 2. Implement a web based system to share offender data between local law enforcement agencies, which would allow each agency to input their checks and verifications into a central data-base. This project began in late 2007 and is still under development and coordination. CCSO?s dedication is to double the state?s mandated address verifications to ensure adequate protection of our children. The offenders and predators will be checked four times more often than required by Florida law; sex offenders will be checked quarterly rather than annually; and sexual predators will be checked monthly rather than quarterly. A key component of this project is to provide training for CCSO?s technology child abuse/sexual offender/sexual predator Computer Forensic Analysts to attend training for: advanced computer forensics; internet examinations; cell phones; video enhancement; NTFS files system; and AVID video enhancement, as well as advanced training for Detectives to attend the CEIS Conference; the Dallas Child Conference; and Amber and Fox Valley training. Current hardware and software is needed for use by CCSO Computer Forensic Analysts to rapidly provide vital information to Detectives, and for ten pole cameras needed for surveillance of child abuse/sexual offender/sexual offender cases throughout this very large county. Costs for grant funded Salaries and Benefits, Expenses, and Operating Capital Outlay total $324,637. Application Ref # 2010-ARRC-65 Section #2 Page 4 of 5 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) _....---- "",.."~ -.- ,,- -".."."<;,""",,.~-- , -.,";- -....--..- Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide I I Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: Yes Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: Yes Application Ref # 2010-ARRC-65 Section #2 Page 5 of 5 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) - -~-----, ~_.~-"'_._--- - ,. 111- .-1111. ..,,_...."- .._ "_M Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide I I General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 - Law Enforcement Programs State Purpose Area: D - Personnel - Employ Personnel Activity Description Activity: Personnel Target Group: Personnel Geographic Area: Countywide Location Type: Sheriff?s Office Address(es} : Collier County Sheriffs Office 3301 Tamiami Trail East Building J Naples, FL 34112 Objectives and Measures Objective: 22.D.SI - Number of new FTEs funded with JAG funds Measure: Part 1 Number of existing criminal justice personnel as of the start of the grant period Goal: 595 Measure: Part 2 Number of new FTEs to be funded during the grant period Goal: 2 Objective: 24.D.SI - Percent of units that report improved efficiency or increased program quality Measure: Part 1 Total number of units to use JAG funds to hire new FTEs or for overtime hours Goal: 1 Measure: Part 2 Number of units that will report improved efficiency Application Ref # 2010-ARRC-65 Section #3 Page 1 of 5 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) ""'-"'-'--- ~~-"'-~"" -.-.-,..-----,.--.- Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide I I Goal: 1 Measure: Part 3 Number of units that will report increased program quality Goal: 1 State Purpose Area: E - Equipment Supplies - Purchase Equipment/Supplies Activity Description Activity: Equipment and Supplies Target Group: Equipment and Supplies Geographic Area: Countywide Location Type: Sheriff?s Office Address{es) : Collier County Sheriff's Office 3301 Tamiami Trail East Building J Naples, FL 34112 Objectives and Measures Objective: 25.E.SI - Amount of funds expended on equipment and/or supplies Measure: Part 1 Amount of funds to be expended to purchase equipment and/or supplies Goal: $63,370.00 Objective: 26.E.SI- Types of equipment and/or supplies purchased with JAG funds Measure: Part 2 Purchase computer software Goal: Yes Measure: Part 4 Purchase equipment and/or supplies other than court supplies, computer software, or firearms Goal: Yes Application Ref # 2010-ARRC-65 Section #3 Page 2 of 5 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) ~.'"~'""__'__V"'W. v".....__,. _.,.~,-_.._- -,--------. Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide I I Objective: 27.E.SI - Number of units to directly benefit from equipment and/or supplies purchased with JAG funds Measure: Part 1 Number of units that expended grant funds to purchase equipment or supplies Goal: 1 Measure: Part 2 Number of units that will directly benefit from equipment and/or supplies purchased with JAG funds Goal: 1 Objective: 28.E.SI - Percent of criminal justice staff who reported a desired change in job performance or in program quality as a result of equipment or supplies purchased by JAG funds Measure: Part 1 Number of criminal justice staff to receive equipment and/or supplies as a result of JAG funds Goal: 2 Measure: Part 2 Number of staff who will report a desired change in job performance as a result of equipment and/or supplies purchased with JAG funds Goal: 2 Measure: Part 3 Number of staff who will report a desired change in program quality as a result of equipment and/or supplies purchased by JAG funds Goal: 2 State Purpose Area: REC - Recovery Act Measures Activity Description Activity: Recovery Act Target Group: Recovery Act Geographic Area: Countywide Location Type: Sheriff?s Office Objectives and Measures Application Ref # 2010-ARRC-65 Section #3 Page 3 of 5 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) --~---. "->0'-,- ~ ~"". '^"-_. .~.-_..- Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide Objective: RC - Number of jobs created or saved (by type) due to Recovery Act funding Measure: Part 1 Number of jobs to be prevented from being eliminated with Recovery Act funding Goal: 1 Measure: Part 2 Number of jobs that were eliminated within the last 12 months that will be reinstated with Recovery Act funding Goal: 1 Measure: Part 3 Number of jobs to be created with Recovery Act funding Goal: 1 Application Ref # 2010-ARRC-65 Section #3 Page 4 of 5 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) -"-'^''''-'""-'~'>'"''^- ..",-_.,. -'--~..,"~"" -- ~ _....,.....,-. ._n_ Application for Funding Assistance 16J3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide I I 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 Question: What is the physical address of your primary performance location? This is a physical location, not a mailing address. If your physical location is confidential, enter the address of the next highest level of your organization. Enter only one address. Answer: Collier County Sheriffs Office 3301 Tamiami Trail East Building J Naples, Florida 34112 Application Ref # 2010-ARRC-65 Section #3 Page 5 of 5 Contract -ARRC-COLL- -- Rule Reference 110-9.006 OCJG-005 (rev. April 2005) - -.,..".."-... -".....'-'''~.''---"" " . JIJI' "..-.,--. -- 16J 3 Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Monthly Is the subgrantee a state agency?: No FLAIR I Vendor Number: 596000558 Budget: Budget Category Federal Match Total Salaries and Benefits $227,457.00 $0.00 $227,457.00 Contractual Services $0.00 $0.00 $0.00 Expenses $88,480.00 $0.00 $88,480.00 Operating Capital $8,700.00 $0.00 $8,700.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $324,637.00 $0.00 $324,637.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2010-ARRC-65 Section #4 Page 1 of 5 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) ,..-.,."... --'-"'.-- . "~'"'"'-- ~-'" .."----------~.._.._,.~._--~ Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide Budget Narrative: The CCSO?s responsibility covers offender tracking county-wide (2,025 square miles with a county-wide population of 382,426) and child crimes investigations. An overall goal of this project is to have uniform and consistent responses to crimes against children and sex crimes; as well as to proactively seek methods for preventing victimization. Crimes where children are the deliberate primary victims constitute a great proportion of investigative cases and involve every form of abuse and neglect imaginable; cases which disgust the very fabric of family and proper child caring. A problem that will be addressed by having two, instead of one, Detectives tracking offenders and investigating cases will result in there being fewer sexual offenders and sexual predators in Collier County. An additional Detective will also facilitate in locating offenders who are living or on the constant move from one remote area of this large county to another. With an enhanced program Collier County offender statistics will be reduced, not increased, with respect to how many offenders are in Collier County. As with many offenses there are offenders who have yet to have been arrested and identified residing in our county. One Detective is currently funded with 2009 standard Byrne/Jag funds. However, those funds will be exhausted on September 30, 2009 ? the end of the grant period and funds are needed to maintain the position. An additional Detective is needed to meet the work load of these very time consuming cases. The two Detectives will be dedicated to the investigation, apprehension, and prosecution of sex offender/predators/investigation of child crimes, which are at high risk of committing crimes against children under the age of 18. Funds are also needed to pay overtime costs for other CCSO Certified Deputies to assist with case coverage that cannot be handled by the two Detectives. Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds are direly needed to support and result in more positive outcomes of this project by maintaining one Detective, fill one unfunded Detective position, and add .23 FTE as a result of overtime. Funds for advanced specialized training and state of the art computer hardware and software are also sought. $324,637 is needed to continue and strengthen the CCSO Child Abuse/Sexual Offender/Sexual Predator project. Category budget justification narratives follow: SALARY AND BENEFITS CATEGORY: $227,457.00 $227,457.00 is needed to meet the costs to maintain, enhance and expand the CCSO Child Abuse/Sexual Offender/Sexual Predator project. Detective # 1: One full-time Detective needs to be maintained at a salary cost of $59,110.30 and benefit costs including: $4,521.94 for FICA @ 7.65% ; $14,139.18 for Retirement @ 23.92%; $14,931.60 for health/dental insurance premiums @ a flat rate for family coverage; $155.71 for Life/Disability @ .0027% based on ($59,110.34 - $1,440 for incentive or $57,670.30); and $2,896.40 for workers compensation insurance premiums @ 4.90%. The total salary and benefit cost for Detective # 1 is $95,755.13. Detective # 1 will be dedicated to this project 100% of his time. Detective # 2: One full-time Detective needs to be funded for an unfunded position at a salary cost of $62,262.65 and benefit costs including: $4,763.09 for FICA @ 7.65%; $14,893.23 for Retirement @ 23.92%; $14,931.60 for health/dental insurance premiums Application Ref # 2010-ARRC-65 Section #4 Page 2 of 5 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) . ,,~~-"'-"_.,,--""'-,,- -,..".-- ,"'--....., ......"-,,,""- """--.-". .'-'~ Application for Funding Assistance 16J ~ -" Florida Department of Law Enforcement American Recovery Act - JAG Countywide Budget Narrative (Continued): @ a flat rate for family coverage; $164.22 for Life/Disability @ .0027% based on ($62,262.65 - $1,440 for incentive or $60,822.65); and $3,050.87 for workers compensation insurance premiums @ 4.90%. The total salary and benefit cost for Detective # 1 is $100,065.66. Detective # 2 will be dedicated to this project 100% of his time. Overtime? Certified Deputies working on grant project: Funds are needed to pay overtime costs for other CCSO Certified Deputies to assist with case coverage that cannot be handled by the two grant funded Detectives. It is estimated that .23 FTEs will result from 20 overtime hours @ 1.5% for 26 pay periods X an average overtime rate of $30.08 an hour totaling $23,462.40 and benefit costs including: $1,794.87 for FICA @ 7.65% ; $5,612.21 for Retirement @ 23.92%; and $766.44 for workers compensation insurance premiums @ 4.90% on straight hour costs of $15,641.60 only or $23,462.40 + 1.5 = $15,641.60. The total overtime and benefit cost is $31,635.92. Certified Deputies overtime charged to this grant will have dedicated 100% of the overtime to this project. CONTRACTUAL SERVICES CATEGORY: $0.00 EXPENSES CATEGORY: $88,480.00 Training: Advanced specialized training is needed for Detectives and Special Crimes Bureau Exploitation Unit Forensic Analysts working on child abuse/sexual offender/sexual predator cases. Prior approval is being requested for Detectives and Special Crimes Bureau Exploitation Unit Computer Forensic Analysts to attend the following trainings: the Crimes Against Children?s Conference totaling $4,760; Amber Training? Fox Valley Training totaling $3,220; EnCase Advanced Computer Forensics @ $3,925; EnCase Advanced Internet Examinations @ $3,925; EnCase Advanced NTFS @ $3,925; EnCase CEIS Conference @ $6,600; EnCase Neutrino Cell Phone Forensics @ $3,925; and AVID Video Enhancement @ $3,530. Training is crucial for CCSO staff working on this project to learn and fully understand forward thinking advances in child crimes investigations and offender tracking to result in the apprehension and prosecution of offenders committing crimes against children in Collier County, Florida. The total cost for training is $33,810.00. Software: Funds for two software packages are needed by Special Crime Bureau Forensic Analysts for child abuse/sexual offender/sexual predator cases. The software is: Net Analysis Forensic Software @ $330 and Mount Image Pro Forensic Software @ $424.29. The total cost for software is $754.29. Fingerprinting & DNA Combo ID Kit: Fingerprinting and DNA capabilities are needed by staff for this grant funded project. An ID combo kit for one child will cost $1.58464 apiece. 25,OOOlD Combo Kits for fingerprinting and DNA will cost $39,916.00. Pole Cameras: Funds for ten Pole Cameras are needed for surveillance. The Sierra Wireless Airlink Raven-X will assist the CCSO with deploying surveillance systems that assist in preventing crimes as well as successfully prosecuting crimes that have already taken place. Ten pole cameras that cost $800 total $8,000. Pole Camera Monthly Airlink Fee: There is a monthly airlink fee connected with the operation of the Raven-X pole cameras. The monthly fee for each airlink is $50, or $50 x Application Ref # 2010-ARRC-65 Section #4 Page 3 of 5 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) ,.._....._~""-,...-,...~-_.- ...._.~- ~"'''-~''-, I" -""'" ' "_.0 ~"~'"-~''''' . ~".",. .-, _._...~.. ~-~-,_. Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide Budget Narrative (Continued): 10 pole cams X 12 months = $6,000. The total Expense Category cost is $88,480.00 OPERATING CAPITAL OUTLAY CATEGORY: $8,700.00 Forensic Workstation PC: Special Crimes Unit Exploitation Unit Computer Forensic Analysts need a forensic workstation PC and have the capability to build a forensic workstation PC from parts ordered separately and assembled by the Analysts in house. This will save over $3,300.00 in equipment costs and provide the Analysts with intimate knowledge of the system itself. The total cost for the parts is $2,700.00. EnCase Law Enforcement Edition (Forensic Software): A forensic examination software license/dongle is needed for the above referenced workstation. The total cost is $2,200.00. Disk Duplicator (TD1): A Tableau Forensic Disk Duplicator (TD1) will allow high speed forensic disk duplication for consent searches and time sensitive acquisitions. The total cost is $1,250.00. Xerox Phase 8860: The Xerox Phase 8860 is needed to accurately reproduce printed images of AVID enhanced surveillance videos. Extremely accurate color reproductions are needed. The total cost is $2,550.00. The total Operating Capital Outlay cost is $8,700.00. INDIRECT COST CATEGORY: $0.00 TOTAL BUDGET $324,637.00 Application Ref # 2010-ARRC-65 Section #4 Page 4 of 5 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) ......_.."W_~,____"___.... -,,-,- "~~>" Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide 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: Both a net personnel increase and a continued personnel increase from the previous standard Byrne/JAG program will occur. Question: If benefits are to be included, are they reflected in the budget narrative? Answer: Yes 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 Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: $1,000.00 Application Ref # 2010-ARRC-65 Section #4 Page 5 of 5 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) "_~'"'''.'M" ,.....-........- ..'.....----- P~",.. ~..,..~... ._--_._._-,._---~ Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide I SeclioriS! .Slan".rclelha'tll...s I Insert Standard Conditions Page here. Application Ref # 2010-ARRC-65 Section #5 Page 1 of 1 Contract -ARRC-COLL- -- Rule Reference 110-9.006 OCJG-005 (rev. April 2005) -~"'~""."~"'-"'''''''''''''' .'.~"~.-'.'-' _.,...~.~"._.. ~..~ ~'____o~_._._"_~,. .. Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16J 3 Florida Department of Law Enforcement I Standard Conditions I 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) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: . Florida Administrative Code, Chapter 110-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program" . Office of Management and Budget (OM B) Circular A-21 (2 CFR 220), "Cost Principles for Educational Institutions" . OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" . OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments" . OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" . OMB Circular A-122 (2 CFR 230), "Cost Principles for Non-Profit Organizations" . OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" . 28 CFR 38, "Equal Treatment for Faith-Based Organizations" . 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) . 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)" . 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 . 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-8?, "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. SFY 2010 Page 1 , '- "",.'.--.'^ ~. . .._"-, " '""-,, 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 3. Reports a. Project Performance Reports (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within 15 days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON-line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (d) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. (2) The Financial Closeout Documentation shall be submitted to the Department within forty- five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY 2010 Page 2 ..._~--_._"'--- .~.~"" .-..-...,..,-"', >-_"'.M'''' ,~"~_.,- ~.,._...~ Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16J 3 Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and A-110, or A-102 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding shall be provided to a subgrant recipient upon a written request to the Department. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund mayor may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. Any unexpended interest remaining at the end of the subgrant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to S 112.061, Fla. Stat. SFY 2010 Page 3 .."~ . .",.~,,-,... '^"H~_ - -- -..-.. - ",~~,._.~ --',,,,.-.-. ,..~-_.,' ~ Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16J 3 Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or dispose of it pursuant to 9 274, Fla. Stat. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110 or A-102, as applicable. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and SFY 2010 Page 4 -"'-'~'''-'-- ..- . ---"".~'=q,'" ""',,~._. ._._,~._--_._- 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of 9 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; 9215.97, Fla. Stat. , "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For-Profit Organizations." b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. SFY 2010 Page 5 __<"""~'"'~'~'~~~~",M ---,--- ,~-,~,...' __,,_.O~ '<~~.<- .~ - ...~." .~,.,~~ Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16J 3 Florida Department of Law Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1 ) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY 2010 Page 6 '_""~....L -~"._.._- .~..~.~.- -"'.--,- --,.,.._----_...~.-....., 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in 9 120, 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 9 120, 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 9 119, Fla. Stat. , and SFY 2010 Page 7 "-..,~'.-.---._---, ,.._,,."'._---~-_..._._,..., ,~'"-------~".~ Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16J 3 Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of 9435, 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 9 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting SFY 2010 Page 8 ". ......._~,,~~..._,---~--... 'n~~ ".~" ,~ ..,,,,.., .e .<~-"~._---"'"'~"-"-'- Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16J ~ Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1 ) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with 9 397.334, Fla. Stat., "Treatment-Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily- imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 9 3789d); the Victims of Crime Act (42 U.S.C. 9 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. 9 SFY 2010 Page 9 <-->" ...~-'.-,,-~._.~~~."""'~..."'".... ...._"",;,."w. '-"-"" ".-..- ~~'~"""--'-' - -.. ,-~,--- 16J 3- Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. ~ 2000d); the Rehabilitation Act of 1973 (29 U.S.C. ~ 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. ~ 12131-34); the Education Amendments of 1972 (20 U.S.C. ~~1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. ~~ 6101-07); and Department of Justice Non-Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith- based and community organizations). b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at http://www.ojp.usdoj.gov/aboutlocr/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. c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. e. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. f. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title 111), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses SFY 2010 Page 10 "._.,....~~-" "..^.....,,,~,''''.. - ..._..."-~., . '... "~" ."~ ". _"_..._,.-","'--'''- 16J 3.. Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1 ) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; SFY 2010 Page 11 -......"'"" ,_....,,"~ .~-_._~~-~_..~._._-- ',- Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16J 3 Florida Department of Law Enforcement c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of th is certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant certifies that: (1 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. SFY 2010 Page 12 c"'~.~ "__If ....._--.~~ ~---"'-~---"--'-" - --....-- Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16J 3, Florida Department of Law Enforcement 41. "Pay - to - Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated SFY 2010 Page 13 ...~'"-. ,-~-~- -,-"................ ...""""",~~..--." ~_._..."_'w. -..-.-...-------.-.-.- 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. ~ 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at httD:/Iwww.leD.qOv. 44. The Coastal Barrier Resources Act The subgrant recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of SFY 2010 Page 14 -~".'''~~' ~_.." 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. S 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. S 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. S 4321). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all 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 htto://www. niem. aov/imolementationau ide. oho. 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. SFY 2010 Page 15 ~ ,. ..,._~.._.".._<>~,.".,~,-.._..,._.. ",-,.,- ..~ --,------>..~"-~,~,.,~".. 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 53. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 54. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1 046. 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 56. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 57. Conflict of Interest The subgrant recipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 58. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. 94601 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. 991501-08 and 99 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 60. Equal Treatment for Faith Based Organizations The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the SFY 2010 Page 16 .-'.,"'---.'-------...-- ~'-~-'_ 1'<111 - ~,....,~~- -~" ,,",",~ -" - --."..- I Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16J 3 Florida Department of Law Enforcement "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/aboutlocr/equaUbo.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. SFY 2010 Page 17 -'"''''-~'~'''''-"'''-- ",~".".,......... .... ~...""' '. -~""''''!-.''._- ~.,~" 16J 3 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recoverv and Reinvestment Act of 2009 I Special Recovery Act Conditions I 1. Recovery Act a. All subgrant recipients must comply with Public Law 111-5, the American Recovery and Reinvestment Act of 2009 (This law is a federal public law). b. The subgrant recipient understands and agrees that all other terms and conditions contained in this award, or in applicable FDLE or Office of Justice Programs grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111-5 ("ARRA" or "Recovery Act") requirements. Subgrant recipients are responsible for contacting their grant managers for any needed clarifications. c. The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future FDLE or Office of Justice Programs (including government-wide) guidance and clarifications of Recovery Act requirements. 2. Access to Records; Interviews The subgrant recipient understands and agrees that FDLE, the Department of Justice (including the Office of Justice Programs and the Office of the Inspector General)), and its representatives, and the Government Accountability Office, shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award, including such records of any subgrant recipient, contractor, or subcontractor. See items 23 and 24 of the Standard Conditions. The recipient also understands and agrees that FDLE, the Department of Justice, and the Government Accountability Office are authorized to interview any officer or employee of the subgrant recipient, contractor, or subcontractor regarding transactions related to this Recovery Act award. 3. One-time funding The subgrant recipient understands and agrees that awards under the Recovery Act will be one- time awards and accordingly that its proposed project activities and deliverables are to be accomplished without additional Department of Justice funding. 4. Separate Tracking and Reporting of Recovery Act Funds and Outcomes The subgrant recipient agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including Department of Justice award funds from non-Recovery Act awards awarded for the same or similar purposes or programs. (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.) Accordingly, the accounting systems of the subgrant recipient must ensure that funds from this Recovery Act award are not commingled with funds from any other source. The subgrant recipient further agrees that all personnel whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non-award related activities. SFY 2010 Page 1 ,.^,--,..;'- ,,~~ ' ,~"".."-- . lIF ~ .....-..,__.>- -,-'"" """'" ~~"~.~-.... -"-"-"'''~'- Florida Department of Law Enforcement 3" Edward Byrne Memorial Justice Assistance Grant Program American Recove and Reinvestment Act of 2009 5. Central Contractor Registration and DUNS Number The subgrant recipient must maintain a current registration in the Central Contractor Registration (www.ccr.gov) at all times during which it has any active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. 6. Additional Audit Requirements - Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards a. The subgrant recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations" and OMB A-102 Common Rules provisions (relating to Grants and Cooperative Agreements with State and Local Governments). b. The subgrant recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMS Circular A-133. This condition only applies if the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" cover the subgrant recipient. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SFSAC. 7. Reporting (Section 1512) a. In addition to the reporting requirements in item 3 of the Standard Conditions, subgrant recipients must provide any information necessary to comply with section 1512 of the Recovery Act, which requires detailed reporting by FDLE not later than ten calendar days after the end of each calendar quarter. Receipt of funds will be contingent upon timely reporting. b. The subgrant recipient must complete projects or activities which are funded under the Recovery Act and report on use of Recovery Act funds provided through this subgrant. Information from these reports will be made available to the public. 8. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Department of Justice, Office of the Inspector General any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for Recovery Act 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 Recovery Act funds. Potential fraud, waste, abuse, or misconduct should be reported to the Office of the Inspector General by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 SFY 2010 Page 2 ..,._"," -~,.- b."<^~_~' ___.__.___._.'0 .._-,._-~--"--".~--~-,--_._._-_._._-------~-_.- _.~,~-----,- -_.._--_._._-,--~_._- Florida Department of Law Enforcement 3. Edward Byrne Memorial Justice Assistance Grant Program American Recove and Reinvestment Act of 2009 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the Department of Justice Office of the Inspector General website at www.usdoj.gov/oig. 9. Protecting State and Local Government and Contractor Whistleblowers (Section 1553) The subgrant recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non-Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of Recovery Act is available at www.ojp.usdoj.gov/recovery. 10. Limit on Funds (Section 1604) 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. 11. Infrastructure Investment (Sections 1511 and 1602) The subgrant recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure investment absent submission of a satisfactory certification under section 1511 of the Recovery Act. Should the subgrant recipient decide to use funds for infrastructure investment subsequent to award, the subgrant recipient must submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from the Office of Justice Programs. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections1511 and 1602) is available at www.ojp.usdoj.gov/recovery. 12. Buy American (Section 1605) a. The subgrant recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act ("Buy American"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification to the Office of Justice Programs program office for approval. All projects must comply with government-wide standard conditions (anticipated to be published in subpart B of 2 C.F.R. part 176) that further implement the specific requirements or exceptions of section 1605. b. Section 1605 of the Recovery Act prohibits use of any Recovery Act funds 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, subject to certain exceptions, including United States obligations under international agreements. SFY 2010 Page 3 'w_", > .<o,~~ . .,"....,........_~. .- "_o._"';~ -_._- 16J 3. Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 13. Wage Rate Requirements (Section 1606) Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics 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 less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. The standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concern ing the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 14. NEPA and Related Laws The subgrant recipient understands that all Office of Justice Programs awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The subgrant recipient agrees to assist the Office of Justice Programs in carrying out its responsibilities under NEPA and related laws, if the subgrant recipient plans to use Recovery Act funds to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App. D.) The subgrant recipient also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. See item 36 of the Standard Conditions. 15. Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. SFY 2010 Page 4 <o".._~____ .--.., ""'-"'-~-----~"'-"'-' . ~C_"."._~M -,,,. "',,,",., '~'"'.~- Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide I I In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. ~tIl~e~~.rr,~~!" P~~~~J1t'~'.~~".fI~(q~~~~t OffIce Qf,Ctitnl"'lIlJu$tJc. Gran.' Signature: Typed Name and Title: Date: < . .~~f;)'tll"'l~~!~I~I~~t A....~.~I~ ~~I..I()'c.;()'(~P'!"'.J1tal ~"'It (Com.mls.lon<Chalrman, Mayor, or Ceslgnatctq R.pr.s.ntatlve) Typed Name of Su rant Reci~t Collier County Board of County Signature: ~ Commissioners Typed Name and Title: Donna Fiala, Chairman, Collier County Board of County Commissioners Date: Typed Name of Implementing Agency: Sheriff's Office Signature: Typed Name and Title: Kevin J. Sheriff Date: /)-.~&-( (/ Approved as to form & legal sufficiency ATTEST: ~~ DWIGHT E. SROCK, Clerk Collee Greene. By: / t. AssIst8l'lt County Attorney ~. , ':. ."- ,", " Application Ref # 2010-ARRC-65 'f".fi~~ Page 1 Of.: " .:-.'...". ".,. " Contract -ARRC-COLL- - - ',) Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) .' ~ .... } 16J 3 Appticationfor funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I I In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, Including Strikeovers, whlteout, etc. are not acceptable. State of Florida Department of Law Enforcement OffIce of Crimina' Justice Grants Signature: Typed Name and Title: Date: Subgrant Recipient Authorizing OfftCla' of Governmental Unit (Comml.slon Chairman, Mayor, or Designated Repre.entatlve) Typed Name of S Collier County Board of County Commissioners Signature: Typed Name and Title: Donna Fiala, Chairman, Collier County Board of County Commissioners Date: Implementing Agency OffIcial, Administrator or Designated Repreaentatlve Typed Name of Implementing Agency: Sheriff's Office Signature: Typed Name and Title: Kevin Date: ~'~r;",,~L7 ............ f , Approved as to form & legal sufficiency C'(JLOP~OfbtJ2- ATTEST:, ' ' \ . -' DWIGHT .E. ijRQCK,' Cieri{ Colleen Greene, ~'J..' ,_.'~~~; -("_, Assistant County Attorney By:. " . ~...to" .' , Application Ref # 2010-ARRC-65 ,t"",,;M' It "~ . , ..'...." on #It page 1 of 1 Contract -ARRC-COLL- -- ' .. '\ --~ Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) ,-~.~ __'~M_"""" -~,""~-'.'-"'--" -"".,,'''''--~- "'~'''- ....,,-- Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide I I Insert Certifications and Authorizations here. Application Ref # 2010-ARRC-65 Section #7 Page 1 of 1 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) ~..__..._""_.- -, ~.~-. ".-'--'-- - .......,-.."....,........._...._ -__ .1iO............ "__,__._, .-.-.",' -- 16J 3 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recovery Act Edward Bvrne Memorial Justice Assistance Grant Program 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. CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $100,000. as defined at 28 CFR Part 69. the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement. theft forgery, bribery, falsification or destruction of records, making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements, or receiving stolen property; of the undersigned. to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress. an officer or employee (e) Are not presently indicted for or otherwise criminally or civilly of Congress, or an employee of a Member of Congress in connection with the charged by a governmental entity (Federal, State. or local) with making of any federal grant. the entering into of any cooperative agreement. and commission of any of the offenses enumerated in paragraph (1) (b) of the extension, continuation. renewal, amendment. or modification of any federal this certification; and grant or cooperative agreement; (d) Have not within a three-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. 'Oisclosure of Lobbying Activities". in accordance with its instructions; application. (e) 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 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F. for grantees, as defined at 28 CFR Part 87 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. Oebarment 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; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification Application Package Page 1 ,-- """-',,,,,,,,,,, ~ .. . _.~_._'.", "....-...--- M"~~' " -,.",~-... ._-~,_.- 16J 3 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recoverv Act Edward Bvrne Memorial Justice Assistance Grant Program (e) 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 Ie) Notifying the agency, in writing, within 10 calendar days after receiving notice State may elect to make one certification in each Federal fiscal year. under subparagraph (d) (2) from an employee or otherwise receiving actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. States and State agencies may elect including position title, to; Department of Justice, Office of Justice Programs, to use OJP Form 4061/7. ATIN: 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; 4061/7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and DRUG.FREE WORKPLACE including termination, consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 1973. as amended; or 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; (g) Making a good faith effort to continue to maintain a drug-free workplace A. As a condition of the grant, I certify that f will not engage in the unlawful manufacture. distribution, dispensing. possession, or use of through implementation of paragraphs (a), (b), (c), (d), (e), and (f). a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the specific grant: occurring during the conduct of any 9rant activity, I will report the Place of Performance (Street address. city, county, state. zip code) conviction, in writing, within 10 calendar days of the conviction. to: Department of Justice. Office of Justice Programs, A TIN: Control Desk. 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Collier County Board of County Commissioners 2. Project Name: Child Abuse/Sexual Offender/Sexual Predator Proiect 3. Typed Name and Title of Authorized Representative: Donna Fiala. Chairman. Collier Countv Board of County Commissioners 4. Signature: ~~j~ 5. Date: ~-~ 7-C)tj Approved as to form & legal sufficiency ATTES'l: .<'\ (('. C;aP~~ DWIGHT 5~.;'eR'O~ Claj';. ':.u ~..' ,,, \ II :"\. ,'" Colleen Greene. By: " tJ { . Assistant County Attorney t'=" FDLE Recovery Act JAG Grant Application Package . ,; / Page 2 .,.~~,.~_.-,~,-----,---, '-~';",",," ~"" r -~--,"._,,"^-'"""-'''',- . ,,_""u'"' .. "^'~---.~-. ~~.~;- 16J CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recove Act Edward B rne Memorial Justice Assistance Grant Pro ram Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. (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, CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $100,000, as defined at 28 CFR Part 69, the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records. making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements, or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee (e) Are not presently indicted for or otherwise criminally or civilly of Congress, or an employee of a Member of Congress in connection with the charged by a governmental entity (Federal, State, or local) with making of any federal grant, the entering into of any cooperative agreement, and commission of any of the offenses enumerated in paragraph (1) (b) of the extension, continuation, renewal, amendment, or modification of any federal this certification; and grant or cooperative agreement; (d) Have not within a three-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. (e) 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 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F, for grantees, as defined RESPONSIBILITY MATTERS at 28 CFR Part 67 Sections 67.615 and 67,620- (DIRECT RECIPIENT) A. The applicant certifies that it will or will continue to provide a drug- 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; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification Application Package Page 1 _...~,"~,-_..". ,.--".-.-- _c<'" .----.... ,,-~, 16J CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recove Act Edward B me Memorial Justice Assistance Grant Pro ram (e) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that. as a condition of employment under the grant. the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a Check here _ If there are workplaces on file that are not identified criminal drug statute occurring in the workplace no later than five calendar days here. after the conviction; Section 67.630 of the regulations provides that a grantee that is a (e) Notifying the agency, in writing, within 10 calendar days after receiving notice State may elect to make one certification in each Federal fiscal year. under subparagraph (d) (2) from an employee or otherwise receiving actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. States and State agencies may elect including position title, to: Department of Justice, Office of Justice Programs. to use OJP Form 4061/7. ATTN: Control Desk, 633 Indiana Avenue, N.w., Washington, D.C. 20531. Notice 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 including termination, consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 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 through implementation of paragraphs (a), (b), (c), (d), (e). and (t). a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the 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 2. Project Name: Child Abuse/Sexual Offender/Sexual Predator Proiect 3. Typed Name and Title of Authorized Representative: Donna Fiala. Chairman. Collier County Board of County Commissioners 4. Signature: ~p~j~ 5. Date: .y :J.. 7 - lJ' w , ........ . i"......, 'f ~ \ I Approved as to form & legal sufficiency AjTES~ .\> '.. "~ , (~~ DWIGHTE> i3Ro~rt)', Ci&r~ ...} >' .: '- . .'> ~., ',;;'; By: ,Q!.- Colleen reene, Assistant County Attorney At..~:'.~, to;' ,~.' FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspension, 111._ "ace ~erliflcatlon Application Package , , . Page 2 ",,,,,-~_...............,-,.,_.,..._- ,,-,._,..,.."""',--, ~-",""'~'- -,"_'ll .'---,-- ..--,- -.......- 16J 3 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBllITIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recovery Act Edward Bvrne Memorial Justice Assistance Grant Program 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, CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $100.000, as defined at 28 CFR Part 69, the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement. theft forgery, bribery, falsification or destruction of records. making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements. or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee (e) Are not presently indicted for or otherwise criminally or civilly of Congress. or an employee of a Member of Congress in connection with the charged by a govemmental entity (Federal, State, or local) with making of any federal grant, the entering into of any cooperative agreement, and commission of any of the offenses enumerated in paragraph (1) (b) of the extension. continuation, renewal, amendment. or modification of any federal this certification; and grant or cooperative agreement; (d) Have not within a three-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. (e) 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 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F, for grantees, as defined RESPONSIBILITY MATTERS at 28 CFR Part 67 Sections 67.615 and 67.620- (DIRECT RECIPIENT) A. The applicant certifies that it will or will continue to provide a drug- 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; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation. and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspension, and Drug-Free Workplace CertIfication Application Package Page 1 16 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBllITIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recove Act Edward B rne Memorial Justice Assistance Grant Pro ram (e) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that. as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a Check here _ If there are workplaces on file that are not identified criminal drug statute occurring in the workplace no later than five calendar days here. after the conviction; Section 67.630 of the regulations provides that a grantee that is a (e) Notifying the agency, in writing, within 10 calendar days after receiving notice State may elect to make one certification in each Federal fiscal year. under subparagraph (d) (2) from an employee or otherwise receiving actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. States and State agencies may elect including position title, to: Department of Justice, Office of Justice Programs, to use OJP Form 4061/7. ATTN: Control Desk, 633 Indiana Avenue, NW., 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; 4061n. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and DRUG-FREE WORKPLACE including termination, consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 1973, as amended; or 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, at28 CFR Part 67; Sections 67.615 and 67,620- State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace A. As a condition of the grant. I certify that I will not engage in the unlawful manufacture, distribution. dispensing, possession, or use of through implementation of paragraphs (a). (b), (c), (d), (e), and (t). a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the Place of Performance (Street address, city, county, state, zip code) conviction. in writing. within 10 calendar days of the conviction. to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue. NW.. Washington. D.C. 20531, As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Collier County Board of County Commissioners 2. Project Name: Child Abuse/Sexual Offender/Sexual Predator Proiect 3. Typed Name and Title of Authorized Representative: Donna Fiala. Chairman. Collier Countv Board of Countv Commissioners 4. Signature: ~~J~ 5. Date: .0-:J. 7 - t91 ,'" 1 ~; r 'l " " ,l " ""\, , " \~... . .) Approved as to form & legal sufficiency .,;' .' C~~ ATT~r: -- . DWl.~E" ~OCK, C~lk Colleen Greene. BY:~O'- Assistent County Attorney FDLE Recovery Act JAG Grant Application Package Lobbying, Debarment ,suspensio"A~'" ," ia:;t;on . -.... ., " Page 2 _H'~'''''~~~ "'--~,, '. '-",,-- . J ~ '" ,--",......--- -~.. -~,". .--.".- CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPO MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recove Act Edward B rne Memorial Justice Assistance Grant Pro ram Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. (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, Slate, CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $100,000, as defined at 28 CFR Part 69, the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement. theft forgery, bribery. falsification or destruction of records, making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements, or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency. a member of Congress. an officer or employee (e) Are not presently indicted for or otherwise criminally or civilly of Congress, or an employee of a Member of Congress in connection with the charged by a governmental entity (Federal, State, or local) with making of any federal grant, the entering into of any cooperative agreement. and commission of any of the offenses enumerated in paragraph (1) (b) of the ex1ension, continuation, renewal, amendment, or modification of any federal this certification; and grant or cooperative agreement; (d) Have not within a three-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. (e) 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 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F, for grantees. as defined at 28 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 Stale or Federal court, or (b) Establishing an on-going drug-free awareness program to inform voluntarily excluded from covered transactions by any federal department or employees about- agency; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling. rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification Application Package Page 1 " o..._"~'".........."_..._.~,__.......".~.~,,._ .._'.,~'^ ~.~,- ~ ~.:_-,.""""'_.. _n>_~__ 1 "'''''~.''",'~~ ""-'-""-'="~"-'-'~"-----~'--"- 16J 3 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recovery Act Edward Byrne Memorial Justice Assistance Grant Program (e) 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); (dl 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 (21 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 d rug statute occurring in the workplace no later than five calendar days here. after the conviction; Section 67.630 of the regulations provides that a grantee that is a (e) Notifying the agency, in writing, within 10 calendar days after receiving notice State may elect to make one certification in each Federal fiscal year. under subparagraph (d) (2) from an employee or otherwise receiving actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. Slates and State agencies may elect including position tille, 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; 4061/7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2). with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and DRUG-FREE WORKPLACE including termination, consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 1973, as amended; or As required by the Drug-Free Workplace Act of 1988, and (21 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 through implementation of paragraphs (a), (b), (c), (d), (e), and (t). a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resultin9 from a violation performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the 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. NW.. Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Collier County Board of County Commissioners 2. Project Name: Child Abuse/Sexual Offender/Sexual Predator Proiect 3. Typed Name and Title of Authorized Representative: Donna Fiala. Chairman. Collier County Board of County Commissioners 4. Signature: f~ ~ 5. Date: S'-A7- 6;1 " ..,\1 .,: .", , Approved as to form & legal sufficiency :' ATTEST: ~~ DyVtaHT f:, BROCK; t;;/e;,;~ I 9~t~;~iL{- Colleen Greene, Assistant County Attorney FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspensiotl .....~Place Certification Application Package Page 2 ~...^"'" ~,,,,-,,-,,,,, -...",......._~,...^... '-'-'''''',- -,.-._* '''''--'''.-'''- .~-----.""',,-- '.'.. .."--.~ '" ,'~~,~"." -"'~,-~' 16J3 Board of Collier County Commissioners --_._-_.~~--_. . .. -- .------.---.----,..- Donna Fiala Frank Halas Tom Henning Fred W. Coyle Jim Coletta District 1 District 2 District 3 District 4 District 5 May 21, 2009 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.A.C., the Collier County Board of County Commissioners approves the distribution of $757,237 of the Edward Byrne Memorial JAG Program - American Recovery and Reinvestment Act of 2009 funds for the following projects within Collier County: SUBGRANTEE DOLLAR AMOUNT Collier County TITLE OF PROJECT $757.237 Child Abuse/Sexual Offender/ Sexual Predator Project $326,437 Technology Improvement Program $430,800 Sincerely, l' ~m~ ~ Do a Fiala Chairman, Board of County Commissioners - __'_'___'__'_~_"'__ _....._ ___~_______ ____ n.__....__.o ._.______n'_ ____ -------- W. Harmon Turner Building' 3301 East Tamiami Trail' Naples, Florida 34112. 239-252-8097' FAX 239-252-3602 ---'~. -"-"'.~_."-"-'-" -.,.~-~.."' . -~".._,<.< ~,._-,""" ....., . ~ -.""""" .. '-'~"._' -- 16J 3 Board of Collier County Commissioners - -- -~---~-_.".__.._. -' ---- --.- ,. ---- -----..-..-....--------... ---------~_._-_.- Donna Fiala Frank Halas Tom Henning Fred W. Coyle Jim Coletta District 1 District 2 District 3 District 4 District 5 May 21,2009 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.A.C., the Collier County Board of County Commissioners approves the distribution of $757,237 (total allocation available) of the Edward Byrne Memorial JAG Program - American Recovery and Reinvestment Act of 2009 funds for the following projects within Collier County: SUBGRANTEE DOLLAR AMOUNT Collier County TITLE OF PROJECT $757.237 Child Abuse/Sexual Offender/ Sexual Predator Project $326,437 Technology Improvement Program $430,800 Si~~}~ Do a Fiala Chairman, Board of County Commissioners ----..---------..--,..- - -."- ----..----.-- W. Harmon Turner Building' 3301 East Tamiami Trail' Naples, Florida 34112 . 239-252-8097 . FAX 239-252-3602 -_.=---~---,---~.~.._-- . _.' _ . il> .-.". -....''''''. --^~._. -.'- 16JJ 3 MEMORANDUM Date: May 28, 2009 To: Joyce Houran, Grants Coordinator Collier County Sheriffs Office From: Ann J ennej ohn, Deputy Clerk Minutes & Records Department Re: Child Abuse/Sexual Predator/Offender Grant Application Part of the Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant Program (American Recovery and Reinvestment Act of 2009) Attached is the original grant application (Agenda Item #16J3) approved by the Board of County Commissioners on Tuesday, May 12, 2009. The Minutes & Records Department has retained a copy of the document as part of the Board's permanent record. If you have any questions you can contact me at 252-8406. Thank you. Attachment ""'~""""""~"_""___'"'''___'''''_K~'''''~'''''"''' """'~""""''''''_''',"_"__,",,, ~ '. 'lIl~ , III .....,.---,..""""-.,..-...,., -- -\ l' J 3/~~-) I'l(EM NO: cA-5" r: CCO,S DATE RECEIVED: q 0 FrLE NO.: g.J1.0 ROUTED TO: CJY1&,~) (':;' ---------------------------------------------------fL~~~-Q-------~--1~--- o ,.- ....... DO NOT WRITE ABOVE THIS SPACE :, :-:::., ::. REQUEST FOR LEGAL SERVICES .::~rf'': (Please type or print) ('.;' _~__._' /_~ TIME SENS ITIVE - RA GRANT DOCUMENTS 0" "j ':;f' '"ry' . ) - -:;.,-..- -- ...::~ ~-)-~ Date: Mav 26. 2009:s.\'i" 'J ()i -< To: Office of the County Attorney Attention: Colleen Greene. Esa~) From: , Finance Director (Title) Finance Division (Department) Re: Justice Assistance Grant (JAG) - AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be ~, ~, and articulate) . On May 12, 2009, the BOCC approved Item 15 J 3 for the County Commission to be the local coordinating unit of government, approve the Sheriff as the official applicant, Sheriff's Office staff as grant program and financial managers, authorize the Board Chairman to execute the Certificate of Participation for the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance (JAG) Grants (American Recovery and Reinvestment Act of 2009), approve the Sheriff's Office grant applications for fiscal year 2009/2010, authorize acceptance of awards, and approve associated budget amendments. Board Chairman Donna Fiala's signature is needed on several of the Technology Improvement Program RA grant documents. Legal review is requested before submitting these documents to Chairman Fiala to sign. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes. Executive Summary and Certificate of Participation THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney1s Office file number.) RLS file number unknown; however, the RLS was signed off on by CMG on 5/1/09. ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of request. OTHER COMMENTS: C: Kevin Rambosk. Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer.) jh/RA JAG 09 Ie TIP application forms _"'_,"~.',,~.."^- ,__..,_........'.""e.....n.."._'.,'"._.._.....,, _,* """""__""'~_" _...."...,;~._~"__,,",.,,,_ _ ,__.,,__"_"...._m___..'___'-~ I TEM NO: ('. ' l ( r \ . :) (()J DATE RECEIVED: Q) leJ 3 1\ F I L E NO.: ,\- IHt. .-\- \ l " \.., I .. ~ .... .f" ROUTED TO: . '.( II n. 1 i - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -'-'.r ":1": ~- \ - - - - - - - - - - - .,-' 21) t'\. .' .'. . . ~. _. REQUESTF~R-~EG~L S~RVICES . Oc~\ TIME SENSITIVE - GRANT DOCUMENTS /\ U -- --.- -------- - - -------- -- --- _______u. ----- 0 P' / -.,;Y , .\~ \ Date: April 27. 2009 ~ ~. C\'\ L\ To: Office of the County Attorney Attention: Colleen Greene. Esq. ~1' From: Carol Golightly (\~. ,Finance Director ~ .. .. \) Sheriff's Office Finance Division "III' ''':.' Re: Justice Assistance Grant {JAG} - AMERICAN RECOVERY AND REINVESTMENT AC' OF 2009 f " t BACKGROUND OF REQUEST/PROBLEM: :..; I ,I... ~r t,,'m 1:.1 ~,',"'ll.It.U.'III'l ~nt I'Hr~ n L~ ~. ~. wJ out.l 'LL~ it\:! Fiscal year 2009/2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (American Recovery an~ Reinvestment Act of 2009) has been allocatee to Collier County by the Florida Department of Law Enforcement. Boare approval is requested by the Sheriff's Office to: 1. Seek appointment of the Collier County Commission as the coordinating unit of government for fiscal year 2009/2010 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program funds and execute the Certificate of Participation. :2 . Approve the Sheriff as the chief official applicant; the CCSO Finance Director as the grants' chief financial manager, and the CCSO Grant Coordinator as the grants' contact person. 3 . App rove Sheriff's Office fiscal year 2009-2010 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program applications when completed, and accept grant awards and approve associated budget documents. (Are there document. or other information needed to revie. thi. matter? If ye.. attach and reference thi. information). Y... Bxecutive Summary and Certificate of Participation THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. : ~ ;.:.. ': . .1 rr . . . - t i- ~ . ,- .:' ;.". :-,.', ~~ ~ .... :..~ ~,.,P,t.... ACTION REQUESTED: . ., ," :'. ',,'_' : . J, . ",,' " "....1 .. 'I ~ .' ;.. .: Legal approval of request. OTHER COMMENTS: C: Kevin Rambosk. Sheriff :... .:..... ,- . ,t; ~: I. ~ . I . . .. ~~.,_...'M._'_"..._,..__"_....__ "'.~_"~"'OO~~,' .__,. ,--,'........ ","""~,.,,, ." '"'-''''-''~-'',"'~'-"-' '-"--'~'"".~~'~--'------'--'----- () () 16J 3 AGENDA TRANSMmAL SLIP I Agenda Item ~ # Requested Agenda Date: 5/12/09 (15) Staff and Commissioner (16) Consent Agenda Communications II III ~' Reviewed Date: Requested by: \J'lA-1l '" JC '_l U_~to: 4/27/09 - 't.LI'" Carol Golightly, Finance O! ctar \-. County Manager: Date: Division Head: Date: 4/27/09 Item Title: Edward Byrne Memorlall JUltice Alllltance Grant Lilt of Documents Attached: 1. Executive Summary (required) 2. Certificate of Participation 3. 4. 5. \P(JQ("J'=D i iJl,j l- sf; :J.Jo 7 Jtzm J b~r 3 ~~,-"""".~,~....,,,--_.~--_.. ~_.~,,,_w,,,~,,'~"'" '. ,_^'_"...,.._____._,."~,.....,,......_._ ,) () 16J 3 ~ EXE(TTI\'E Sl;~I~Ir\RY R.:('()~I~IE~D THAT TilE BOARD OF (,O(,~TY (,O~I~IISSIO~ERS SERVE ..\S THE LOCAL CO()RDI~ATI~G lr~IT OF GOVER~~IE~T I~ THE FLORIDA DEPART~IE~T OF ....\ W E~FOR(,E~IE~rs EDWARD BYR.'iE ~IE~IORIAL Jl'STICE ASSIST..\~CE G~\~T (,IA(;) PRO(;RA~I (A~IERIC\~ RECOVERY A~D REI~VEST~IE~T ACT OF 2009) AND DESIG~ATE THE SHERIFF AS THE OFFICIAL APPUCA~T, ..\~D SHERIFF'S OFFICE STAFF AS GRANT PROGRA~I A~D FINANCIAL ~IANAGERS OF SHERIFF'S OFFICE APPUCATI(}~S, A~D EXECl"TE THE CERTIFICATE OF PARTICIPATION, OBJECTIVE: To seck appointment of the Collier County Commission as the coordmating unit of government for local applications for the Florida Department of Law Enforcement's Edward Byrne Mcmonal Justice Assistance Grant (JAG) Program (American Recovery and Reinvestment Act of 2009) and designate the ShentT as the official applicant, and Shentrs Office staff as grant program and tinancial managers of Sheriffs Office applications, and execute the Certificate of Participation. CONSIDERATIONS: I. The Collier County Commission has participated in Edward Byrne Memorial programs for over 20 years. 2. Collier County Programs have proven to be valuable projects. 3. The Florida Department of Law Enforcement has allocated $757,237 for State fiscal year 2010 Collier County grants. 4. The Sheriffs Office will seek Edward Byrne Memorial grants for an authorized law enforcement grant program to continue the Child Abuse/Sexual Offender/Sexual Predator grant and an authorized law enforcement grant program for a Technology Improvement Program. Funds will support payroll costs for two Investigator positions, training, and computer equipment. 5. Board approval is needed for: the Collier County Commission to continue in the capacity of local coordinator, approve the Sheriffas the official applicant, the CCSO Finance Directbr as the'grants chief financial manager, and the CCSO Grant Coordinator as the grants' contact person; approve Sheriffs Office grant applications for 2009/2010 when completed, and to authorize acceptance of awards and associated budget amendments. FISCAL IMPACT: None. No required match. GROWTH :\1ANAGEMENT: None. RECOMMENDATION: That the Collier County Commission agrees to be the local coordinating unit of government, approve the Sheriff as the official applicant, Sheriffs Office staff as grant program and financial managers, authorize the Board Chairman to execute the Certificate of Participation for the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance (JAG) Grants (American Recovery and Reinvestment Act of 2009), approve the Sheriffs Office grant applications for tiscal year 2009/2010, authorize acceptance of awards, and approve associated budget amendments. / l I I ' l' , i PREPARED BY: (- ("--. "- \..... ~ ~ t I.. C" \- t : L I Carol G. Golightly, Finance Director APPROVED BY: Kevin Rarnbosk. DATE: April 27. 2009 Approved 3S to form & l'igal sufficiency c,,~ :e[{!2~ ~ Colleen Greene, Alliltant County Morney .,.. ~,'"'-~,,,..~---".,.. ",.,-,,,..,"-~,.,,,,~, -~ "-- ,,'...._"", ,- ..""_.-.-.,,-,~~~-_.~~--" I)) I)) 16J 3 CERTIFICATE OF PARTICIPATION Edward Byrne Memorial Justice Assistance Grant (JAG) Program American Recovery and Reinvestment Act of 2009 Date: Ma v 1 2 . 2 009 Mr. Clayton H. Wilder Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road T aUahassee. Florida 32308 Dear Mr. Wilder: This is to inform you that the Board of County Commissioners Accepts --1L 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 - American Recovery and Reinvestment Act of 2009. 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: Joyce Houran Title: Collier County Sheriff's Office Grant Coordinator E-mail address: qrants@colliersheriff.net Agency: Collier County Sheriff's Office Address:3301 Tamiami Trail East, Bldq_ .J-1, Naplp-l';, Fl_ 14112 Telephone: 239 - 7 9 3 - 9 3 4 6 County: Collier Date: May 12, 2009 SinC7~ d~4. Chair. Board of County Commissioners i . , ". . , Approved as to form & legal sufficiency ~af'Uv~~ Col n Gr.ene, Assistant County Attorney , ,.,..",_..~'.e."_,_.__,,.~____.__~.,_"~,_~. ."-"'-" 16J 3 1 Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide Subgrant Recipient Organization Name: Collier County Board of Commissioners County: Collier Chief Official Name: Donna Fiala Title: Chairperson Address: 3301 Tamiami Trail East, Building F City: Naples State: FL Zip: 34112-4902 Phone: 239-252-8097 Ext: Fax: 239-252-3602 Email: don nafiala@colliergov.net Chief Financial Officer Name: Crystal Kinzel Title: Finance Director, Deputy Clerk Address: 3301 Tamiami Trial East Court Plaza 111/2 City: Naples State: FL Zip: 34112 Phone: 239-774-8075 Ext: Fax: 239-774-6179 Email: Crystal. Kinzel@c1erk.collier.f1.us Application Ref # 2010-ARRC-56 Section #1 Page 1 of 2 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) ".,;~,..,-_._..-...._----" .' -~_._..,...- "~'.''''.'''",-" ......"".,,;.,,.,._., -.""--,,. -,-,'.",.-.---------..---.---..--,.,..--..-.-. Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide Implementing Agency Organization Name: Collier County Sheriffs Office County: Collier Chief Official Name: Kevin Rambosk Title: Sheriff Address: 3301 Tamiami Trail East, Building J City: Naples State: FL Zip: 34112-4902 Phone: 239-793-9203 Ext: Fax: 239-793-9405 Email: grants@colliersheriff.net Project Director Name: Damian Deandres Title: ITD Assistant Director Address: 3301 Tamiami Trail East Building J - ITD City: Naples State: FL Zip: 34112 Phone: 239-793-9287 Ext: Fax: 239-793-9373 Email: ddeandres@colliersheriff.net Application Ref # 2010-ARRC-56 Section #1 Page 2 of 2 Contract -ARRC-COLL- -- Rule Reference 110-9.006 OCJG-005 (rev. April 2005) .......M"..,.~ ~. .. ~, ..".."....""..-...... . ","",TFl1lil1!lll "".Ill '........,.,,,..,,- , , -""--'-' 16J 3 ~ Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide General Project Information Project Title: COLLIER COUNTY SHERIFF'S OFFICE TECHNOLOGY IMPROVEMENT PROGRAM Subgrant Recipient: Collier County Board of Commissioners Implementing Agency: Collier County Sheriff's Office Project Start Date: 10/1/2009 End Date: 9/30/201 0 Problem Identification The specific problem to which this project is responding is the lack of hours and equipment needed by current Certified Law Enforcement Officers (Deputies) to fulfill the Collier County Sheriff?s Office (CCSO) Mission - ?The duty of the Collier County Sheriff?s Office is to preserve and protect the lives, property and constitutional guarantees of all persons? There are 647 fiscal year 2009 CCSO authorized Certified Law Enforcement positions of which 52 are open positions that, due to the economy and budget cuts, are not and will not be filled during these hard times. In the past when funds were more readily available, CCSO could provide coverage for unfilled positions with off duty Deputies working overtime. However, unless there is grant funding or a catastrophic event, overtime to pay for unfilled position gaps is not available. Having 52 full time Certified Law Enforcement positions open causes a gap of 116,272 hours in one year. Collier County is home to approximately 381,208 year round residents, and a travel destination for more than 2.4 million tourists a year. There has been rapid growth in Collier County bringing persons from every walk-of-life; including undesirable criminal offenders. Collier County has a myriad of public safety situations occurring as a result of the extreme affect the recession has had on Collier County residents. As with the rest of the country, Collier County has a very high unemployment rate Oust this month [May] 52 local teachers lost their jobs), and a skyrocketing number of foreclosures and vacant properties. The current situation has a great impact on law enforcement services for domestic violence, child abuse/sexual offender/sexual predator, suicide, and crimes related to vacant properties, to mention a few, that are directly related to the loss of work and homes. These increasing public safety issues are draining agency resources of already understaffed CCSO Bureaus and compromise response times to situations that can result in the potential for lethal circumstances. One example, as mentioned above, of the need for increased law enforcement coverage due to the economy that has had a dramatic affect on CCSO?s public safety services is crime related to vacant properties due to foreclosures in Collier County. The properties have to be observed, and vacant property crimes investigated by CCSO law enforcement officers. In 2008, Florida was the number one state for reported incidents of mortgage fraud and most reported loans with misrepresentation. Between 1999 and 2002 there were approximately 240 foreclosures a year, after which the numbers increased to 806 in 2003; 621 in 2004; 487 in 2005; 734 in 2006; 3,267 in 2007; and 7,872 in 2008. During the first four months of this year (2009) there have been more than 3,000 new foreclosure filings. With the recession and a bleak local revenue outlook and anticipated budget limitations Application Ref # 2010-ARRC-56 Section #2 Page 1 of 5 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) . ._..~., ~M'""_,,,,"",,,~_,,, .~.~" "'^'-""'_~"'_"'Iii ",,,,~,.._,,,._,,.- ~-"'-""'---_...,. ,---_.",..,.".~~,. Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide for years to come, coupled with the rate of homelessness, foreclosures, and the potential for crimes to climb, a more cautious fiscal position to meet local public safety needs is not a choice, it is a necessity. Open positions will not be filled and with the menace of layoffs and furloughs in the future, alternative ways are proactively being sought to support costs to prevent and respond to crime in Collier County. 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 levels of services to the community. As Collier County continues to build out, the number 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 statistics indicate the 2005-2009 population comparisons vs. calls for service: Permanent Countywide Populations: 2005 = 319,905; 2006 = 334,238; 2007 349,214; 2008 = 364,860; 2009 = 381,208. Peak Season Populations: 2005 = 441,915; 2006 = 461,257; 2007 = 481,465; 2008 = 502,578; 2009 = 524,072. Number of Visitors: 2005 = 1,625,377; 2006 = 1,787,914; 2007 = 1,966,706; 2008 = 2,163,376; 2009 = 2,379,714. Calls for Service: 2005 = 689,359; 2006 = 781,739; 2007 = 874,119; 2008 = 966,499; 2009 = 1,058,879. An analytical review of the 2008 response time data without field initiated and MDT initiated calls reveals an average overall response time of 9.46 minutes, a .99% increase in overall response time when compared to 2007 response times. We have to do better than this. 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 CCSO law enforcement staff is 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 Sheriff?s 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, alternative ways to meet local public safety needs are required. The CCSO has already taken measures, including closing the Immokalee Jail, reducing travel, training, and other operating costs to try to meet budget cut expectations without Application Ref # 2010-ARRC-56 Section #2 Page 2 of 5 Contract -ARRC-COLL- -- Rule Reference 110-9.006 OCJG-005 (rev. April 2005) '~''''',--,,>,",.---..... .~..".. ~.., "",_'_n ~-',-,';'~'.'-', ~-,..~,.__._.._.~_.~.- Application for Funding Assistance 16J 3" Florida Department of Law Enforcement American Recovery Act - JAG Countywide negatively affecting public safety. However, with an expected increase in calls for service, other alternative approaches will assist CCSO?s goal to engage in pro-activity that could impact the crime rate to keep residents and visitors in Collier County safe. The CCSO proposes a Technology Improvement Program as described in the Project Summary below that will result in resolving some of the identified problems caused by current economic conditions that affect public safety in Collier County, Florida. Project Summary 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 Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program support for a CCSO Technology Improvement Program. 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, crime related to vacant properties, 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 for traffic offenses; increase the number of Marchman Acts imposed for incidents of public intoxication; increase the number of reported re-arrests of probationers/parolees on violations of probation/parole conditions; and to provide community education programs/activities 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. The CCSO is going through a painstaking exercise to come up with resourceful ways to utilize current Deputy time in a more effective and efficient manner that will afford extra normal daily hours to fill in gaps in service due to having 52 unfilled Certified Law Enforcement positions. This Project Summary describes two areas that have needed attention for several years that, if rectified, would result in FTEs that would assist with public safety needs in Collier County. Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds in the amount of $432,600 are needed for the CCSO Technology Improvement Program to purchase technology equipment that will result in 30 FTEs. $13,038.13 is needed for a new server for the Special Investigations Division that will result in the equivalent of 2.3 FTEs of Investigator and Crime Scene staff time. Due to a large amount of data (photos, images, voice recording, etc.) the current outdated server is experiencing very slow response time with frequent down time. Investigators and Crime Scene staff are hampered by the constant maintenance due to the insufficient storage for the operating system to function. $419,561.87 is needed for outdated, slow, and damaged mobile computer equipment in Application Ref # 2010-ARRC-56 Section #2 Page 3 of 5 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) _.,_._.,.,,".,,"-,~-- ',_'''.'''''''.0>> . ~~".",...- ~~....."'"..,,",..," ....,,--"---~_..._...."..._-- 16J 3 I Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide 119 Certified Deputy vehicles. A Technology Improvement Program will directly affect the productivity of each recipient of new state of the art mobile computer equipment. With a very conservative estimate of two hours saved a day by each Deputy with the new technology, the new laptops will free up each Certified Deputy recipient to provide currently uncovered or delayed responses to public safety calls for service to people in Collier County, Florida. There are currently 595 CCSO Certified Deputies who need improved technology in their vehicles. With this Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program allocation, 119 vehicles would have state of the art technology equipment that could produce a minimum of 27.7 FTEs to assist in unavailable current public safety coverage. There will be a minimum total of 30 FTEs produced as a result of this Technology Improvement Program. Other grants will be sought to provide funds to purchase additional state of the art technology for the remaining 476 Certified Deputies to result in being able to produce more than enough FTEs equal to the 52 currently unfilled certified Deputy budgeted positions. The Collier County Sheriff?s Office is in accordance with the grantor overall local initiative to improve the criminal justice system, providing assistance to victims of crime and supporting communities in preventing drug abuse and crime. With Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program grantor backing, the Collier County Sheriff?s Technology Improvement Program has 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? FTE Calculations are: Technology Improvement for 119 Certified Deputy Vehicles: When 2,236 hours/year minus 344 estimated sick/vacation time = 1,892 hours per Deputy a year is on duty and an estimated days a year deputies are on duty is 1,892 + 8.6 hours a day = 220 days per year/Deputy and FTE hours produced by each Deputy as a result of state of the art laptops = 2 hours then 220 days X 2 hours each day X 119 computers = 52,360 hours produced in one year as a result of state of the art laptops. 52,360 hours + 1,892 hours/year per Deputy = 27.7 FTEs per year as a result of the improved technology. Technology Improvement for Special Investigation Division Server used by an estimated 20 Deputies: When 2,236 hours/year minus 344 estimated sick/vacation time = 1,892 hours per Deputy a year is on duty and an estimated days a year deputies are on duty is 1,892 + 8.6 hours a day = 220 days per year/Deputy and FTE hours produced by each Deputy as a result of state of the art server = 1 hour then 220 days X 1 hours each day X 1 server X 20 Deputies = 4,400 hours produced in one year as a result of the state of the art server. 4,400 hours + 1,892 hours/year per Deputy = 2.3 FTEs per year as a result of the improved technology. Total FTEs = 27.7 FTEs + 2.3 FTEs or 30 FTEs Application Ref # 2010-ARRC-56 Section #2 Page 4 of 5 Contract -ARRC-COLL- - - Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) ..~,~.".~_... ~.,~".,," . "...."., - ,;-..... """.., - lIlli'''' . """",.,..., 16J 3 Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: Yes Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: Yes Application Ref # 2010-ARRC-56 Section #2 Page 5 of 5 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) ,.-._""",, ...-..-".,,^,. "-",.~""..,,' " --_.,,-_.-~... -~,-". . . r .-_' ",,",,- Application for Funding Assistance 16J 3 ~ Florida Department of Law Enforcement American Recovery Act - JAG Countywide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 001 - Law Enforcement Programs State Purpose Area: E - Equipment Supplies - Purchase Equipment/Supplies Activity Description Activity: Equipment and Supplies Target Group: Equipment and Supplies Geographic Area: Countywide Location Type: Sheriff?s Office Objectives and Measures Objective: 25.E.SI - Amount of funds expended on equipment and/or supplies Measure: Part 1 Amount of funds to be expended to purchase equipment and/or supplies Goal: $432,600 Objective: 26.E.SI - Types of equipment and/or supplies purchased with JAG funds Measure: Part 4 Purchase equipment and/or supplies other than court supplies, computer software, or firearms Goal: Yes Objective: 27.E.SI - Number of units to directly benefit from equipment and/or supplies purchased with JAG funds Measure: Part 2 Number of units that will directly benefit from equipment and/or supplies purchased with JAG funds Goal: 7 Objective: 28.E.SI - Percent of criminal justice staff who reported a desired change in job performance or in program quality as a result of equipment or supplies purchased by JAG funds Measure: Part 2 Number of staff who will report a desired change in job performance as a result of equipment and/or supplies purchased with JAG funds Goal: 120 Application Ref # 2010-ARRC-56 Section #3 Page 1 of 3 Contract -ARRC-COLL- -- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) '-"'-'~,.~-".~_._---------,--",.".-., 0'_"""___'.'''''''''_.''''-_ .- Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide Measure: Part 3 Number of staff who will report a desired change in program quality as a result of equipment and/or supplies purchased by JAG funds Goal: 120 State Purpose Area: REC - Recovery Act Measures Activity Description Activity: Recovery Act Target Group: Recovery Act Geographic Area: Countywide Location Type: Sheriff?s Office Address(es) : Collier County Sheriff's Office 3301 Tamiami Trail East Building J Naples, FL 34112 Objectives and Measures Objective: RC - Number of jobs created or saved (by type) due to Recovery Act funding Measure: Part 1 Number of jobs to be prevented from being eliminated with Recovery Act funding Goal: 0 Measure: Part 2 Number of jobs that were eliminated within the last 12 months that will be reinstated with Recovery Act funding Goal: 0 Measure: Part 3 Number of jobs to be created with Recovery Act funding Goal: 0 Application Ref # 2010-ARRC-56 Section #3 Page 2 of 3 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) -. ">""~'~~"'~--;';._--;.._""'""-"- ..' ._---""'."'--,~~ -- 1.6 J 3 ;~ Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide I I 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 Question: What is the physical address of your primary performance location? This is a physical location, not a mailing address. If your physical location is confidential, enter the address of the next highest level of your organization. Enter only one address. Answer: Collier County Sheriffs Office 3301 Tamiami Trail East Building J Naples, Florida 34112 Application Ref # 2010-ARRC-56 Section #3 Page 3 of 3 Contract -ARRC-COLL- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) '"",>_,_"_"~,".__,_""_,_,_,,,,.,.~"_'______'__"_M.._.... 16J3 1 Application for Funding Assistance Florida Department of Law Enforcement American Recovery Act - JAG Countywide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Monthly Is the subgrantee a state agency?: No FLAIR I Vendor Number: 596000558 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $0.00 $0.00 $0.00 Expenses $419,562.00 $0.00 $419,562.00 Operating Capital $13,038.00 $0.00 $13,038.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $432,600.00 SO.OO $432,600.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated Income (PGI) ? No Application Ref # 2010-ARRC-56 Section #4 Page 1 of 4 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) ,.,_",. . ~.~~_r"' "',,,..~,~='" ,."",-,_..... -,......,..'''-,..._,~..,,-~,._---_.._.._, Application for Funding Assistance 16J 3 . Florida Department of Law Enforcement American Recovery Act - JAG Countywide Budget Narrative: Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds are requested for technology improvement equipment support efforts to address crime in Collier County, Florida. This budget and budget narratives closely follows the content of the Project Summary section of this grant application and provides justification for all proposed costs. SALARIES AND BENEFITS: $0.00 CONTRACTUAL SERVICES: $0.00 EXPENSES: $419,562.00 $419,562.00 is needed for outdated, slow, and damaged mobile computer equipment in 119 Certified Deputy vehicles. A Technology Improvement Program will directly affect the productivity of each recipient of new state of the art mobile computer equipment. With a very conservative estimate of two hours a day, the new technology will free up each Certified Deputy recipient to provide currently uncovered or delayed public safety to people in Collier County, Florida. There are currently 595 CCSO Certified Deputies who need improved technology in their vehicles. With this Recovery Act: Edward Byrne Memorial Justice Assistance Grant (JAG) Program allocation, 119 vehicles would have state of the art technology equipment that could produce a minimum of 27.7 FTEs to assist in unavailable current public safety coverage. Currently assigned mobile laptops to 119 Deputies, who will receive laptops as a result of this ARRA grant, are five or more years old. Due to budget cuts we have not been able to get better laptops. Deputies waste time (down time) with less LEO productivity with the current laptops. Even though the current laptops are semi-rugged laptops; the usage/abuse they receive out in the field is significant. Extreme temperatures in Southwest Florida are rough on law enforcement vehicles and laptops. Some Deputies bring their laptops in for repair or hard reboots three times a week. Some Deputies claim they can spend more time bringing their old laptops in for repair than they spend patrolling. The minimal memory and speed of the processor also add to the deficiency of current mobile laptops. Deputies can only have a few windows open on current laptops or else the laptop crashes and requires a hard reboot that can result in some Deputies having to drive 2.5 hours round trip to obtain laptop service. New laptops can have many windows open at one time with a far less tendency for down time. Old functions are so slow that Deputies have to find other ways of getting information they need including spending time traveling many miles to headquarters to gain information. Additional benefits of having improved laptop technology are: ? Officer safety? there is currently a safety issue due to not being mindful of a watchful eye on the road due to lags in the current laptops. ? RAPID ID can be used on the new laptop technology? it cannot be used on current laptops. ? There will be more functionality on the new laptops such as connectivity to the Clerk of Courts, distressed and vacant property pictures will be able to come up, and not take 20 minutes to appear on the laptop screens, etc. ? New computers are more rugged and sturdy. Application Ref # 2010-ARRC-56 Section #4 Page 2 of 4 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) _.~"~..." , ..._."""'~,,_".,.w '.'- .,-.,.." ....,,,. Application for Funding Assistance 16 J 3' Florida Department of Law Enforcement American Recovery Act - JAG Countywide Budget Narrative (Continued): ? The Deputies will be able to spend more time performing their duties and less time looking after outdated equipment. ? 27.7 FTEs will be produced in one year by the 119 Deputies who will use this Technology Improvement Program equipment. The current price for a Panasonic CF74 or comparable is $3,525.73. $3,525.73 X 119 laptops = $419,562.00. OPERATING CAPITAL OUTLAY: $13,038.00 $13,038.00 is needed for a new server that will result in the equivalent of 2.3 FTEs of Investigator and Crime Scene time for the Special Investigations Division. Due to a large amount of data (photos, images, voice recording, etc.) the current outdated server is experiencing very slow response time with frequent down time. Investigators and Crime Scene staff are hampered by the constant maintenance due to the insufficient storage for the operating system to function. A new server with sufficient amount of storage will provide a stable environment for Investigators/Crime Scene staff to perform their duties more efficiently. INDIRECT COSTS: $0.00 TOTAL BUDGET $432,600.00 Application Ref # 2010-ARRC-56 Section #4 Page 3 of 4 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) "'""'~..,,,,---,,,.,,,,----",-,--_. '-'"'~ "'.. , n'~ . ,.......--.."." , .."'-~- ..~"".,..,- '.. Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide 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: N/A Question: If benefits are to be included, are they reflected in the budget narrative? Answer: N/A 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 Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriff's office. Answer: $1,000.00 Application Ref # 2010-ARRC-56 Section #4 Page 4 of 4 Contract -ARRC-COLL- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) ~-'~"'~"""-"'~"'-'~"'~-'--~--- ~"""'-"-"--- ...."',"'..-....~ ... . ~."" .~-_..._--~-_._..-.- Application for Funding Assistance 16 J 3'-' Florida Department of Law Enforcement American Recovery Act - JAG Countywide I ,. $.~tl()n'f.tindar'.tC1>ndl~lo.,s I Insert Standard Conditions Page here. Application Ref # 2010-ARRC-56 Section #5 Page 1 of 1 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) . ~."~._...o..~"._"",_____,,, . "..~.. ._--,.._-,.~'"'"-_.. .._. 1_"".'- --.--- 16J 3 :4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement I Standard Conditions I 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) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: . Florida Administrative Code, Chapter 110.9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program" . Office of Management and Budget (OMB) Circular A.21 (2 CFR 220), "Cost Principles for Educational Institutions" . OMB Circular A.87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" . OMB Circular A.102, "Grants and Cooperative Agreements with State and Local Governments" . OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" . OMB Circular A-122 (2 CFR 230), "Cost Principles for Non-Profit Organizations" . OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" . 28 CFR 38, "Equal Treatment for Faith-Based Organizations" . 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) . 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)" . 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 . 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMS 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 OMS Circular A-102, and Florida law to be eligible for reimbursement. SFY 2010 Page 1 ~_.",..._....--_.......... "-,,,,...,, "u_,,"._" '"~''''' . - -~... ~'"-~,-"..._.,,,.- Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16J 3 Florida Department of Law Enforcement 3. Reports a. Project Performance Reports (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within 15 days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON-line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (d) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. (2) The Financial Closeout Documentation shall be submitted to the Department within forty- five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY 2010 Page 2 '<'.~'<,w_,__... -_. ""-.-.-....... '''~ _..-.~- ",--,-_. 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-8?, and A-110, or A-102 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding shall be provided to a subgrant recipient upon a written request to the Department. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund mayor may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. Any unexpended interest remaining at the end of the subgrant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to ~ 112.061, Fla. Stat. SFY 2010 Page 3 -..-,~--- ,--_. _..... '""",. .",",,,.- .__.__.,.___________.._M.._'__,___.___._.._.___~_~ 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or dispose of it pursuant to 9 274, 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-11 0 or A-1 02, as applicable. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and SFY 2010 Page 4 ..-." --- -, ~~---"'''~-'-.'-'--- ... ......'"'..,.-..-. .".-.".~.- IbJ 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The 5ubgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of 9 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; 9215.97, Fla. Stat. , "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For-Profit Organizations." b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. SFY 2010 Page 5 ,.,. ",.",_..~~....,-,.,..."._~---..... "."KIII U -,...., H<_"",..,. . ~"...". ,,~,"'-"'- _~'e_'''_,"_ -r 6"J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1 ) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY 2010 Page 6 """~.'"",,,..'"~ - .~.'-' ...,-,..",...-._----~~_..-.~.". .-,.-.." 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in ~ 120, Fla. Stat., and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under ~ 120, Fla. Stat. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of ~ 119, Fla. Stat. , and SFY 2010 Page 7 ,~,..",,-,,~..._,"---- ~.'",~." . -,,;..,""...."~,," ' -._.,.~_.. Ill. ~ .. T ~ ~..~..".'''"''-' .""'-----,,", 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of ~ 435, Fla. Stat. shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to ~ 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting SF)' 2010 Page 8 ~-, ... - . .._.."._---.,..~~.~~.,~_...>- .....-...,.'".--"...--.------.-.--....----... 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1 ) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized Jaw enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with ~ 397.334, Fla. Stat., "Treatment-Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily- imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. ~ 3789d); the Victims of Crime Act (42 U.S.C. ~ 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. ~ SFY 2010 Page 9 """''''O'~"''''''__ c~. _". n" '....~"._~ -.. . ....""'.b"...,'.'." III l'n Mr r --. .-""."...-... ..- Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16 J 3" Florida Department of Law Enforcement 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. 9 2000d); the Rehabilitation Act of 1973 (29 U.S.C. 9794); the Americans with Disabilities Act of 1990 (42 U.S.C. 9 12131-34); the Education Amendments of 1972 (20 U.S.C. 991681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. 99 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 http://www.ojp.usdoj.gov/aboutlocr/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. c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE, e. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. f. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title 11), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses SFY 2010 Page 10 ~"~-,.,-,.". ~ 1<1>". ",""""",~",,,,.,..,,.,,-_... ""-"'-- -...-.' " ,-~- 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1 ) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; SFY 2010 Page 11 -, '~""'~-""-- 'IW...."._.,..,. -".- ." "''''' _"'1- "~"--"' ,~-"" 16,.J.3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program . Florida Department of Law Enforcement c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant certifies that: (1 ) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. SFY 2010 Page 12 ,__J..___........_ ",,,,,"-'--"""'. .""~,-,..."..."",,~~"-------,"~,,~---,,." .__.",~~.~___~~.__a~"_' 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 41. "Pay - to - Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail," as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to- stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore. the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated SFY 2010 Page 13 -_111'\""', ...'" M ~-''''.'...".._- ....ilJlI~.V~I_'""""-". -,.,_....~. 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. ~ 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at httD://www.leD.qOv. 44. The Coastal Barrier Resources Act The subgrant recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of SFY 2010 Page 14 ~"""""'~'--""""----"" ,.____lIlilil...., l'fllT .....'""',0.'.."'"."" ''"<'.-'''....----,..-.." .~"'^... 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. ~ 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. ~ 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. ~ 4321). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all 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. n iem. qov/implementationgu ide. php. 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. SFY 2010 Page 15 ,,-<..._.,...~"""'..- . ~- ..~"~-,,-~" .dI .. --. ..,'''''..~.'''"._,._-"'..- .--.-.;...._ _III ..""'..- 16J 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 53. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 54. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1 046. 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 56. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 57. Conflict of Interest The subgrant recipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 58. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. ~ 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs. 59. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 U.S.C. ~~ 1501-08 and ~~ 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 60. Equal Treatment for Faith Based Organizations The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the SFY 2010 Page 16 .,...".....",_..u.""'" ----- "..,-..-.. ^ "'" ~,.." .."""......- ~,." --- Edward Byrne Memorial Justice Assistance Grant (JAG) Program 16J 3 Florida Department of Law Enforcement "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/abouUocr/equaUbo.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. SFY 2010 Page 17 ",..,Aw___. ~--"",.,.- ..., ,.,",-.._.~.".,- . "'_....~...,- ~,_..""~_''''.,"'___TI,"".' ._.,.,_._--~._-~-- 16J 3 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 I Special Recovery Act Conditions I 1. Recovery Act a. All subgrant recipients must comply with Public Law 111-5, the American Recovery and Reinvestment Act of 2009 (This law is a federal public law). b. The subgrant recipient understands and agrees that all other terms and conditions contained in this award, or in applicable FDLE or Office of Justice Programs grant policy statements or guidance, apply unless they conflict or are superseded by the terms and conditions included here that specifically implement the American Recovery and Reinvestment Act of 2009, Public Law 111-5 ("ARRA" or "Recovery Act") requirements. Subgrant recipients are responsible for contacting their grant managers for any needed clarifications. c. The recipient agrees to comply with any modifications or additional requirements that may be imposed by law and future FDLE or Office of Justice Programs (including government-wide) guidance and clarifications of Recovery Act requirements. 2. Access to Records; Interviews The subgrant recipient understands and agrees that FDLE, the Department of Justice (including the Office of Justice Programs and the Office of the Inspector General)), and its representatives, and the Government Accountability Office, shall have access to and the right to examine all records (including, but not limited to, books, papers, and documents) related to this Recovery Act award, including such records of any subgrant recipient, contractor, or subcontractor. See items 23 and 24 of the Standard Conditions. The recipient also understands and agrees that FDLE, the Department of Justice, and the Government Accountability Office are authorized to interview any officer or employee of the subgrant recipient, contractor, or subcontractor regarding transactions related to this Recovery Act award. 3. One-time funding The subgrant recipient understands and agrees that awards under the Recovery Act will be one- time awards and accordingly that its proposed project activities and deliverables are to be accomplished without additional Department of Justice funding. 4. Separate Tracking and Reporting of Recovery Act Funds and Outcomes The subgrant recipient agrees to track, account for, and report on all funds from this Recovery Act award (including specific outcomes and benefits attributable to Recovery Act funds) separately from all other funds, including Department of Justice award funds from non-Recovery Act awards awarded for the same or similar purposes or programs. (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.) Accordingly, the accounting systems of the subgrant recipient must ensure that funds from this Recovery Act award are not commingled with funds from any other source. The subgrant recipient further agrees that all personnel whose activities are to be charged to the award will maintain timesheets to document hours worked for activities related to this award and non-award related activities. SFY 2010 Page 1 "..~......"."H'~~~'~"'''______,,,,v,..~.,._.__ ,_""".__".""",_;_..""e ,~."~-".,,, -,.._,~ 16J 3 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recovery and Reinvestment Act of 2009 5. Central Contractor Registration and DUNS Number The subgrant recipient must maintain a current registration in the Central Contractor Registration (www.ccr.gov) at all times during which it has any active federal awards funded with Recovery Act funds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. 6. Additional Audit Requirements - Recovery Act Transactions Listed in Schedule of Expenditures of Federal Awards a. The subgrant recipient agrees to maintain records that identify adequately the source and application of Recovery Act funds, to maximize the transparency and accountability of funds authorized under the Recovery Act as required by the Act and in accordance with 2 CFR 215.21, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations" and OMB A-102 Common Rules provisions (relating to Grants and Cooperative Agreements with State and Local Governments). b. The subgrant recipient agrees to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A-133. This condition only applies if the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" cover the subgrant recipient. This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix "ARRA-" in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SFSAC. 7. Reporting (Section 1512) a. In addition to the reporting requirements in item 3 of the Standard Conditions, subgrant recipients must provide any information necessary to comply with section 1512 of the Recovery Act, which requires detailed reporting by FDLE not later than ten calendar days after the end of each calendar quarter. Receipt of funds will be contingent upon timely reporting. b. The subgrant recipient must complete projects or activities which are funded under the Recovery Act and report on use of Recovery Act funds provided through this subgrant. Information from these reports will be made available to the public. 8. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Department of Justice, Office of the Inspector General any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for Recovery Act 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 Recovery Act funds. Potential fraud, waste, abuse, or misconduct should be reported to the Office of the Inspector General by- mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 SFY 2010 Page 2 ~",..,_..- ",Ow. ..- '" _.,,,,,,,",,,,,,.,,,- .,,,,,-",- "-~- 16J 3 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recoverv and Reinvestment Act of 2009 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 or hotline fax: (202) 616-9881 Additional information is available from the Department of Justice Office of the Inspector General website at www.usdoj.gov/oig. 9. Protecting State and Local Government and Contractor Whistleblowers (Section 1553) The subgrant recipient recognizes that the Recovery Act provides certain protections against reprisals for employees of non-Federal employers who disclose information reasonably believed to be evidence of gross management, gross waste, substantial and specific danger to public health or safety, abuse of authority, or violations of law related to contracts or grants using Recovery Act funds. For additional information, refer to section 1553 of the Recovery Act. The text of Recovery Act is available at www.ojp.usdoj.gov/recovery. 10. Limit on Funds (Section 1604) 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. 11. Infrastructure Investment (Sections 1511 and 1602) The subgrant recipient agrees that it may not use any funds made available under this Recovery Act award for infrastructure investment absent submission of a satisfactory certification under section 1511 of the Recovery Act. Should the subgrant recipient decide to use funds for infrastructure investment subsequent to award, the subgrant recipient must submit appropriate certifications under section 1511 of the Recovery Act and receive prior approval from the Office of Justice Programs. In seeking such approval, the recipient shall give preference to activities that can be started and completed expeditiously, and shall use award funds in a manner that maximizes job creation and economic benefits. The text of the Recovery Act (including sections1511 and 1602) is available at www.ojp.usdoj.gov/recovery. 12. Buy American (Section 1605) a. The subgrant recipient understands that this award is subject to the provisions of section 1605 of the Recovery Act ("Buy American"). No award funds may be used for iron, steel, or manufactured goods for a project for the construction, alteration, maintenance, or repair of a public building or public work, unless the recipient provides advance written notification to the Office of Justice Programs program office for approval. All projects must comply with government-wide standard conditions (anticipated to be published in subpart B of 2 C.F.R. part 176) that further implement the specific requirements or exceptions of section 1605. b. Section 1605 of the Recovery Act prohibits use of any Recovery Act funds 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, subject to certain exceptions, including United States obligations under international agreements. SFY 2010 Page 3 -. ""'-"._,._' ,.>~,,,,..._- _...,.,,,,.....,, ....".._'_..~"'--'I' --.._,,,~..,.. .._.,-~-. "~""'~-- J3 Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program American Recove and Reinvestment Act of 2009 13. Wage Rate Requirements (Section 1606) Notwithstanding any other provision of law and in a manner consistent with other provisions in this Act, all laborers and mechanics 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 less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. The standard Davis-Bacon contract clauses found in 29 CFR 5.5(a) are to be incorporated in any covered contracts made under this award that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 14. NEPA and Related Laws The subgrant recipient understands that all Office of Justice Programs awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. section 4321 et seq.) and other related Federal laws (including the National Historic Preservation Act), if applicable. The subgrant recipient agrees to assist the Office of Justice Programs in carrying out its responsibilities under NEPA and related laws, if the subgrant recipient plans to use Recovery Act funds to undertake any activity that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Part 61, App. D.) The subgrant recipient also agrees to comply with all Federal, State, and local environmental laws and regulations applicable to the development and implementation of the activities to be funded under this award. See item 36 of the Standard Conditions. 15. Misuse of award funds The recipient understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties. SFY 2010 Page 4 ._"^,, .-"......-..........-- ---"..-,,- ~..--_...__.""' l ....... ""'~'-' Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide I I In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. ;-'..,j" . ' , State Qf Florida, '. ; "j, - :;~"-;'; <-" '. ._~~~t~~::=h1:.. ;'~,:>/;?:",:~mc>fii ,;~\t:,,! ~;,.'~)J'" ,:'< Signature: Typed Name and Title: Date: " Subsr."' J\eelple:nt> .. .: . . ....:. AutbQt:.I..;~~"I()f Go".m.~~ unit . (C<mtml88lcm Chairman., Mayor, or Designated Representative) County Board of County Commissioners Signature: Typed Name and Title: Donna Fiala, Chairman, Collier County S'.. ~ 7 -~ 1 Board of County Commissioners Date: . : .... . . .' . :'... ,.:., Irp.."l'ltlnQAg~nCJ'.:. .' ,'. . '::;';;' '.' Cfftclaf;. AtMlI...t., aT DHflnateclU'epreaentattv .... .!:':.;:' '. ":1 '. '. " .:>: : .'; .... >"..' ", :::' '''.. " ,. ,!!, ,..1' Typed Name of Implementing Agency: Sheriff's Office Signature: Typed Name and Title: Kevin J. Sheriff Date: ~--- d.. & 0 <:'7 -.../ Approved as to form & legal sufficiency ,." C~~ Colleen Greene, Assistant County Attorney Application Ref # 2010-ARRC-56 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) ",-~,.~-----~,,-,.,""~~-- , -,",-~-" ....---""..-......, "",---.',,",.," -".., --- Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide I I In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, Including Strikeovers, whlteout, etc. are not acceptable. Signature: Typed Name and Title: Date: Typed Nama of S grant RaCi~ Coll iar County Board of Count y ~ Commissioners Signature: Typed Name and Title: Donna Fiala, Chairman, Collier County S-~7-t:)r Board of County Commissioners Date: Typed Name of Implementing Agency: Sheriff's Office Signature: Typed Name and Title: Kevin J Rambosk Sheriff Date: .t:;" -- 2..0-0cr Approved as to form & legal sufficien'c9 ._' " ,\ ,'I, . ~, '. ~~ A.TTEST: . , ) 0\NIGHT E. B~(;~.~ . Colleen Greene, (;':~.J 1 " . Assistant County Attomey i.._" " ~, ...:-, Application Ref # 2010-ARRC-56 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) ..-."..~_... ....._-",.." _.,~ ....,,--,""'",~"~,.. ..".",~"...... ~"'-~"-" Application for Funding Assistance 16J 3 Florida Department of Law Enforcement American Recovery Act - JAG Countywide Insert Certifications and Authorizations here. Application Ref # 2010-ARRC-56 Section #7 Page 1 of 1 Contract -ARRC-COLL- - - Rule Reference 110-9.006 OCJG-005 (rev. April 2005) "-,,,.....~~-------,""" ._- --..-.,. """"Ifni ;10"'_""""''''' ._e~~;'.,.' -..,., ---.rr<l' 'f '.__'... 16 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recove Act Edward B rne Memorial Justice Assistance Grant Pro ram Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. (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, CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a pUblic transaction; violation of $100.000, as defined at 28 CFR Part 69. the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making (a) No federal appropriated funds have been paid or will be paid. by or on behalf false statements, or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee (c) Are not presently indicted for or otherwise criminally or civilly of Congress, or an employee of a Member of Congress in connection with the charged by a governmental entity (Federal. State, or local) with making of any federal grant, the entering into of any cooperative agreement. and commission of any of the offenses enumerated in paragraph (1) (b) of the extension, continuation, renewal, amendment, or modification of any federal this certification; and grant or cooperative agreement; (d) Have not within a three-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, "Disdosure 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 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67. Subpart F, for grantees. as defined at 28 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; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification Application Package Page 1 "'-'--'-"~----"'-"--- ~...1Il .....-'"-*.... '~,."""... ... -,.,.'~-,---.." 16J CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recover Act Edward B rne Memorial Justice Assistance Grant Pro ram (e) 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 certificat!on in each Fed~ral fiscal year. under subparagraph (d) (2) from an employee or otherwise receiving actual notice A copy of which should be Included With each apphcallon for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. States and State agencies may elect including position title, to: Department of Justice. Office of Justice Programs, to use OJP Form 4061/7. ATTN: Control Desk, 633 Indiana Avenue, NW.. Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; Check here _ If the State has elected to complete OJP Form 4061/7. (f) Taking one of the following actions. within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and DRUG-FREE WORKPLACE including termination, consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 1973, as amended; or 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 through implementation of paragraphs (a), (b). (c), (d), (e), and (t). a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the 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, NW., Washington. D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Collier County Board of County Commissioners 2. Project Name: Collier County Sheriffs Office Technoloav Improvement Proaram 3. Typed Name and Title of Authorized Representative: Donna Fiala. Chairman, Collier County Board of County Commissioners 4. Slgnalure: ~)4 5. Dale: 5-;17-671 Approved as to form & legal sufficiency ..,.0. . , , C@;~~ ~~I~~~.~:~/~.'~~/&. ...lk coU..nGr 118, ~ '\'. 'lssistant County Altomoy By" '.. " . ~.' -. -..... f-C- o at" . ~. FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspension, aiJ~Wbrl<place'~~lfication Application Package " . ..:.'. .. '," Ji'l f.T.' .) Page 2 ._'~'_"'''',.._,U~'_'''''_''''''>''_'''''''~w,_,_"";_,,~__,~,,, <__.".,,,.-,-.__ "'...~~"~.;~~,._ I __,'...,-' ...,._..,. ..-" CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RES MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recove Act Edward B rne Memorial Justice Assistance Grant Pro ram Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. (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, CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $100,000. as defined at 28 CFR Part 69, the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement. theft forgery, bribery, falsification or destruction of records. making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements, or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency. a member of Congress, an officer or employee (e) Are not presently indicted for or otherwise criminally or civilly of Congress, or an employee of a Member of Congress in connection with the charged by a governmental entity (Federal, State. or local) with making of any federal grant, the entering into of any cooperative agreement, and commission of any of the offenses enumerated in paragraph (1) (b) of the extension. continuation, renewal, amendment, or modification of any federal this certification; and grant or cooperative agreement; (d) Have not within a three-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. (e) The undersigned shall require that the language of this certification be inctuded 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 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F, for grantees, as defined RESPONSIBILITY MATTERS at 28 CFR Part 67 Sections 67.615 and 67.620- (DIRECT RECIPIENT) A. The applicant certifies that it will or will continue to provide a drug- 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; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling. rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; . FDLE Recovety Act JAG Grant Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification Application PaCkage Page 1 ~ ,,'~~-_.- "-,-,-, ""'-''<1'' -Jj!---""'''-~'-'-'' .<,,'-_...~_. l!!-___,....~ ..---- - 16J 3 CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recovery Act Edward Byrne Memorial Justice Assistance Grant Program (e) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a Check here _ If there are workplaces on file that are not identified criminal drug statute occurring in the workplace no later than five calendar days here. after the conviction; Section 67.630 of the regulations provides that a grantee that is a (e) Notifying the agency, in writing, within 10 calendar days after receiving notice State may elect to make one certification in each Federal fiscal year. under subparagraph (d) (2) from an employee or otherwise receiving actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. States and State agencies may elect including position title. to: Department of Justice, Office of Justice Programs, to use OJP Form 4061/7. ATTN: Control Desk, 633 Indiana Avenue, N.W.. Washington. D.C. 20531. Notice Check here _ If the State has elected to complete OJP Form shall include the identification number(s) of each affected grant; 4061/7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee. up to and DRUG.FREE WORKPLACE including termination. consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 1973, as amended; or 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 through implementation of paragraphs (a), (b), (c). (d). (e), and (t). a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the 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. NW., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Collier County Board of County Commissioners 2. Project Name: Collier County Sheriff's Office TechnoloQV Improvement Proaram 3. Typed Name and Title of Authorized Representative: Donna Fiala. Chairman. Collier Countv Board of County Commissioners 4. Signature: f~>~ k 5. Date: s:. Z 7 - 1:)7 Approved as to form & legal sufficiency C~~ ATTEST: . ;r~ ,', OWIGHT E. a~C~'~~k _ Colleen Greene, Sy ~',i i~~(. Assistant County Attorney ''1'..: . ,~..t: M:JJ...... .~. . FDLE Recovery Act JAG Grant Lobbying, Debarment. Suspension, aN '.t~:'~ertific~ion Application Package "li~'-". ,\'j.. 1 .. Page 2 ",_.,...,.. "'_o_"~""m_m"_ ",--- """-,~"""",_____,....,,,.w,,,.,,~ -."."._eo.... "".,,-q'-- -.-..-..------ CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recove Act Edward B rne Memorial Justice Assistance Grant Pro ram Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this fonn 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, CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $100,000. as defined at 28 CFR Part 69, the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery. falsification or destruction of records, making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements. or receiving stolen property; of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency. a member of Congress, an officer or employee (e) Are not presently indicted for or otherwise criminally or civilly of Congress. or an employee of a Member of Congress in connection with the charged by a governmental entity (Federal, State. or local) with making of any federal grant. the entering into of any cooperative agreement, and commission of any of the offenses enumerated in paragraph (1) (b) of the extension. continuation, renewal, amendment, or modification of any federal this certification; and grant or cooperative agreement; (d) Have not within a three-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. (e) 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 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 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; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling. rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification Application Package Page 1 "'~"-''"-'-''- '-"-'''--- "".1 ",_~_'" ..~~.".,,"_..,,~ ,."'.... 16J CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recove Act Edward B rne Memorial Justice Assistance Grant Pro ram (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a Check here _ If there are workplaces on file that are not identified criminal drug statute occurring in the workplace no later than five calendar days here. after the conviction; Section 67.630 of the regulations provides that a grantee that is a (e) Notifying the agency, in writing, within 10 calendar days after receiving notice State may elect to make one certification in each Federal fiscal year. under subparagraph (d) (2) from an employee or otherwise receiving actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. States and State agencies may elect including position title, to: Department of Justice, Office of Justice Programs, to use OJP Form 4061/7. ATTN: Control Desk, 633 Indiana Avenue, NW., 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; 4061/7. (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and DRUG-FREE WORKPLACE including termination, consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 1973, as amended; or 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; (g) Making a good faith effort to continue to maintain a drug-free workplace A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of through implementation of paragraphs (a), (b), (c), (d), (e), and (f). a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the specific grant occurring during the conduct of any grant activity, I will report the Place of Performance (Street address, city, county, state, zip code) conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, NW., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Collier County Board of County Commissioners 2, Project Name: Collier County Sheriff's Office Technoloav Imorovement Proaram 3. Typed Name and Title of Authorized Representative: Donna Fiala, Chairman. Collier County Board of County Commissioners 4. Signature: {J~ )~ 5. Date: S:--~7... Or Approved as to form & legal sufficiency ~~ ATTEST:,.. "';''''1'' DWIGHT ~;,~AR9K~'~~"eip;, Colleen Greene, fuM.~ Assistant County Attorney ~~:2\ . -, . 0.(, I~' . ..' '", '- . FDLE Recovery Act JAG Grant Lobbying, Debarment . suspens/~"4ArkP/~C;~ Certification Application Package (. J';, r" /~;. "r~'. ',:' . \ Page 2 ""~."..'-'""--""""-',,- ~~w.' M"""'''''"~",,'''''''''',"__"__~'''',~'__..~''_'' . " <-. ._~".~_......--.__.. _'~"'---~-_.._,-~._--_..'--"-'_. 16J CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recove Act Edward B rne Memorial Justice Assistance Grant Pro ram Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. (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, CFR Part 69, for persons entering into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $100,000. as defined at 28 CFR Part 69, the applicant certifies that: Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements. or receiving stolen property; of the undersigned. to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee (c) Are not presently indicted for or otherwise criminally or civilly of Congress, or an employee of a Member of Congress in connection with the charged by a governmental entity (Federal. State, or local) with making of any federal grant, the entering into of any cooperative agreement, and commission of any of the offenses enumerated in paragraph (1) (b) of the extension, continuation, renewal, amendment, or modification of any federal this certification; and grant or cooperative agreement; (d) Have not within a three-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. (e) The undersigned shall require that the language of this certification be induded 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 2. DEBARMENT, SUSPENSION, AND OTHER implemented at 28 CFR Part 67, Subpart F, for grantees. as defined at 28 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; (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; FDLE Recovery Act JAG Grant Lobbying, Debarment. Suspension, and Drug-Free Workplace Certification Application Package Page 1 ",,"'~ -,_._,,- ". -- . .. '.. "M .... ,-".." "'..... CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTI MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Recove Act Edward B rne Memorial Justice Assistance Grant Pro ram (e) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a Check here _ If there are workplaces on file that are not identified criminal drug statute occurring in the workplace no later than five calendar days here. after the conviction; Section 67.630 of the regulations provides that a grantee that is a (e) Notifying the agency, in writing, within 10 calendar days after receiving notice State may elect to make one certification in each Federal fiscal year. under subparagraph (d) (2) from an employee or otherwise receiving actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. States and State agencies may elect including position title, to: Department of Justice, Office of Justice Programs, to use OJP Form 4061/7. ATTN: Control Desk, 633 Indiana Avenue, NW., 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 including termination, consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 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; (g) Making a good faith effort to continue to maintain a drug-free workplace A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of through implementation of paragraphs (a), (b), (c), (d), (e), and (f), a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the Place of Performance (Street address, city, county, state, zip code) conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, A TTN: Control Desk, 633 Indiana Avenue, N,W., Washington. D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Collier County Board of County Commissioners 2. Project Name: Collier County Sheriff's Office TechnoloQY Improvement Proaram 3. Typed Name and Title of Authorized Representative: Donna Fiala. Chairman. Collier Countv Board of County Commissioners 4, Signature: ~~)~ 5. Date: s:- ;1 7 - tt'l1' 11 '( ._.....\. ..' Approved as to form & legal sufficiency :5Y' i i />'. ~~ ~.i.. ATTEST: ;" , DWIGHTE,:8ROCK, Clerk "'; Colleen Greene. ~.,.. - - . , - Assistant County Attorney ~~ By' '.',.. { ".. ,- """""'-'--.. --. -//111 ~.- , FDLE Recovery Act JAG Grant Lobbying, Debarment, Suspensl4t """,..,.,cllrkplace Certification Application Package Page 2 ""',_",,_"'_"__~""~_"',,~__"""";.....,"'.h,C .,..'_,_.........~_~~_".,.,'..~".N'd ---"--",,,-~-,.,._.,-~-_...~,,._".., 16J 3 Board of Collier County Commissioners -_._--~--- -_._----_.~,------,- ---_._-----~~-_._---- -- _._._---,._-~----~-~ Donna Fiala Frank Halas Tom Henning Fred W. Coyle Jim Coletta District 1 District 2 District 3 District 4 District 5 May 21,2009 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.A.C., the Collier County Board of County Commissioners approves the distribution of $757,237 of the Edward Byrne Memorial JAG Program - American Recovery and Reinvestment Act of 2009 funds for the following projects within Collier County: SUBGRANTEE DOLLAR AMOUNT Collier County TITLE OF PROJECT $757.237 Child Abuse/Sexual Offender/ Sexual Predator Project $326,437 Technology Improvement Program $430,800 Sincerely, D~~ Chairman, Board of County Commissioners __~_____._.__._ __..~~.._~_._ ..____ .___..__,___~,_.__,____ n W. Harmon Turner Building' 3301 East Tamiami Trail, Naples, Florida 34112. 239-252-8097' FAX 239-252-3602 <.,""",,,,~--.,~, _.. ,._,-,. ,""""",,-, -"._-~~-~..,--_._-".~~. ~.' _._~-'---_._-----'_...,--- l'J3 Board of Collier County Commissioners _._---~...._-_._---_._--- ..- -'---'~--- .._--~---_._--~-~- Donna Fiala Frank Halas Tom Henning Fred W. Coyle Jim Coletta District 1 District 2 District 3 District 4 District 5 May 21,2009 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.A.C., the Collier County Board of County Commissioners approves the distribution of $757,237 of the Edward Byrne Memorial JAG Program _ American Recovery and Reinvestment Act of 2009 funds for the following projects within Collier County: SUBGRANTEE DOLLAR AMOUNT Collier County TITLE OF PROJECT $757.237 Child Abuse/Sexual Offender/ Sexual Predator Project $326,437 Technology Improvement Program $430,800 Si~. . ~ D a Fiala Chairman, Board of County Commissioners .---. ----- W. Harmon Turner Building' 3301 East Tamiami Trail' Naples, Florida 34112 ' 239-252-8097 . FAX 239-252-3602 __..._.....-...~'"_"'''". JlrV ......-.......' ~,~o_.__~_..._~_ ,~..- 16J3 MEMORANDUM Date: September 17, 2009 To: Joyce Houran, Grants Coordinator Collier County Sheriffs Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program (American Recovery and Reinvestment Act of 2009) and designate the Sheriff as the official applicant, the Sheriffs office staff as Grant Program and Financial Managers of Sheriffs Office Applications, and execute the Certificate of Participation Attached is the original grant application (Agenda Item #16J3) approved by the Board of County Commissioners on Tuesday, May 12, 2009. The Minutes & Records Department has retained a copy of the document as part of the Board's permanent record. If you have any questions you can contact me at 252-8406. Thank you. Attachment SHERIFF KEVIN J. RAMBOSK 16\J3 Collier County Sheriffs Office ~ September 17, 2009 Collier County Board of County Commissioners 3301 Tamiami Trial East Building F Naples, Florida Attn: Board Chairman Donna Fiala Re: Grant Award To Be Signed Good Morning Chairman Fiala, Collier County received an American Recovery and Reinvestment Act $432,600 Collier County Sheriff's Office Technology Improvement Program grant award for mobile laptop computers. The Certificate of Acceptance of Sub grant Award for this grant award needs your signature. The Board of County Commissioners is the coordinating unit of government and endorsed, on May 12,2009, the Sheriffs Office grant application and award course of actions. Your support of Sheriff s Office grants is very appreciated. Please have someone contact me at 793-9346 or grants@colliersheriff.net when the Certificate of Acceptance of Subgrant A ward document is signed. Sincerely, ~~ Grant Coordinator Enclosure I nnn ; iI ~ if ] /!t '. l ' ! ~ 3301 Tamiami Trail East Bldg. .J, Naples, FL 34112-4902 ~ phone · 239.774-4434 ,(... colliersheriff.org ~.J~ . . ITEM NO: 31 ~ ~~\~. COOl S DATE RECEIVED: 16 '3;) FILE NO.: \..'- ! I }- i, lr \ h ,,\,J . vl'rk,,- =,' -\i""l\\f~ . '. J '\ \ 1! i\-' \ '} ROUTED TO: '1\\ If',\l \ L, \ ,.,,,",, " . -----------------------------------------------------------s-~n~t~~--------- 00 00" ~,tt _~ ttW "'^', \ \ /\ REQUEST (~~~ t~~~~~nt~ERVICES W '^ ~ TIME SENSITIVE - GRANT DOCUMENTS ~ q q.l(P.D Date: September 15, 2009 ClY\6 To: Office of the County Attorney Attention: Colleen Greene, Esa. pl~ .UD~ From: , Finance Director (Title) Finance Division (Division) (Department) Re: Justice Assistance Grant (JAG) - AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (Subj ect) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be ~, ~, and articulate) . On May 12, 2009 the BCC approved Agenda Item 16(J) (3)and agreed to be the local coordinating unit of government, approve the Sheriff as the official applicant, Sheriff's Office staff as grant program and financial managers, authorize the Board Chairman to execute the Certificate of Participation for the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance (JAG) Grants (American Recovery and Reinvestment Act of 2009) I approve the Sheriff's Office grant applications for fiscal year 2009/2010, authorize acceptance of awards, and approve associated budget amendments. The Sheriff's Office received the Technology Improvement Program grant award. The Certificate of Acceptance of Subgrant Award needs to be signed by the Board Chairman. (Are there documents or other information needed to review this matter? If yes, attach and reference this information). Yes - Certificate of Acceptance of Subgrant Award, Subgrant Award Certificate, RLS 09-SHF-00075 dated May 26, 2009 about signing grant application documents, executed Certificate of Participation, and RLS-SHF 00075 about Executive Summary Agenda Item 16J3 on the May 12, 2009 Agenda. THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted, provide County Attorney's Office file number.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of request. OTHER COMMENTS: C: Kevin Rambosk, Sheriff All requests must be copied to your appropriate Division Head or Constitutional Officer.) State of Florida 16 J 3 Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee,FL 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2010-ARRC-COLL-2-W7-037. in the amount of $ 432,600.00, for a project entitled, COLLIER COUNTY SHERIFF'S OFFICE TECHNOLOGY IMPROVEMENT PROGRAM, for the period of 10/01/2009 through 09/30/2010, 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. ~)~ (Signat e of Subgrantee's Authorized Official) Donn;:t Fi;:tl;:t, r.h;:tirm;:tn, r.nll;pr rnlln+-y (Typed Name and Title of Official) Board of County Commissioners Collier County Board of r.ollnty r.ommi!':!':;oners (Name of Subgrantee) (Date of Acceptance) Approyed as to form & legal sufficiency ,,1111/1/1 ~ ATTEST: ' c,~ . .J)WlG~~"<~<?K, Clerk ,'.~..~ Colleen Greene'" ..", ....' , - L ASsistantCountyAtt~rn8Y . Bf" '.~: "--,:t.', ;,"~. . '- , : ~.'..,:_2" '..... . Rule Reference 110-9.006 OCJG-1-012 (Rev. October2005} '~'.(If}' \~.',;,:: ~' '~~'".: ",;? . ' '!l\ l' 16J3 State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee,FL 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Collier County Board of Commissioners Date of Award: ~U'~ ') Q ^~'ri t\ U ':... l...l )j Grant Period: From: 1 % 1/2009 TO: 09/30/2010 Project Title: COLLIER COUNTY SHERIFF'S OFFICE TECHNOLOGY IMPROVEMENT PROGRAM Grant Number: 201 0-ARRC-COLL-2-W7 -037 Federal Funds: $ 432,600.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 432,600.00 CFDA Number: 16.803 Federal Award Number: 2009-SU-B9-0021 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 10, 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; and, P.L. 111-5, the American Recovery and Reinvestment Act of 2009. SUBGRANT AWARD CERTIFICATE (CONTINUED) 16J3 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. (!I.. J fJ. UuL~ AuthOriZe~ffiCial Clayton H. Wilder Administrator g,. ).tf,.p i Date ( ) This award is subject to special conditions (attached). . . 16J3 EXECTTIVE SF\I~IARY RE(,OM~IEND THAT THE BOARD OF COl'NTY CO~IMISSIONERS SERVE AS THE tOCAL COORDINATING UNIT OF GOVERN~IENT IN THE FLORIDA DEPART~IENT OF LA W ENFORCE~IENT'S EDW ARD BYRl~E ME~IORlAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM (AMERICAN RECOVERY AND REINVEST~IENT ACT OF 2009) AND DESIGNATE THE SHERIFF AS THE OFFICIAL APPLICANT, AND SHERIFF'S OFFICE ST AFF AS GRANT PROGRAM AND FINANCIAL ~IANAGERS OF SHERIFF'S OFFICE APPLICATIONS, AND EXECUTE THE CERTIFICATE OF PARTICIPATION. OBJECTIVE: To seek appointment of the Collier County Commission as the coordinating unit of government for local applications for the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program (American Recovery and Reinvestment Act of 2009) and designate the Sheriff as the official applicant, and Sheritrs Office staff as grant program and tinancial managers of Sheriffs Office applications, and execute the Certificate of Participation, CONSIDERA TIONS: l. The Collier County Commission has participated in Edward Byrne Memorial programs for over 20 years. 2. Collier County Programs have proven to be valuable projects. 3. The Florida Department of Law Enforcement has allocated $757,237 for State fiscal year 2010 Collier County grants. 4. The Sheriffs Office will seek Edward Byrne Memorial grants for an authorized law enforcement grant program to continue the Child Abuse/Sexual Offender/Sexual Predator grant and an authorized law enforcement grant program for a Technology Improvement Program. Funds will support payroll costs for two Investigator positions, training, and computer equipment. 5. Board approval is needed for: the Collier County Commission to continue in the capacity of local coordinator, approve the Sheriff as the official applicant, the CCSO Finance Director as the grants chief financial manager, and the CCSO Grant Coordinator as the grants' contact person; approve Sheriffs Office gran~ applications for 200912010 when completed, and to authorize acceptance of awards and associated budget amendments. FISCAL IMPACT: None. No required match. GROWTH MANAGEMENT: None. RECOMMENDA TION: That the Collier County Commission agrees to be the local coordinating unit of government, approve the Sheriff as the official applicant, Sheriffs Office staff as grant program and financial managers, authorize the Board Chairman to execute the Certificate of Participation for the Florida Department of law Enforcement's Edward Byrne Memorial Justice Assistance (JAG) Grants (American Recovery and Reinvestment Act of 2009), approve the Sheriffs Office grant applications for tiscal year 2009/20 I 0, authorize acceptance of awards, and approve associated budget amendments. PREPARED BY: C(~~ ,,-\~~,~Ll\clt ( Carol G. Golightly, Finance Oi ector , APPROVED BY: Kevin Rambosk, DATE: April 27.2009 Approved !S to form & 1~a1 sufficiency C~~ Col-n Greene, Allilt_ County Attorney ITEM NO: L~'I. ~', r'\-.CJ~ DATE RECEIVED: e.16J3 FILE NO. : (.,'.r,I" t. . \t l~~~" ROUTED TO: .r,\ \~n - \.I\.' ' - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - .-'..f ~" '5-\- - - - - - - - - - - - -- - - REQUEST F~R ~E~AL ~;RVI~~~' 2'1" oCZA TIME SENSITIVE - (J_~DOC~ENTS C/~t" ~\~ \)~ Date: April 27. 2009 ~....)"~. G \ L~ To, Office of the County Attorney Attention: Colleen Greene. Esq. ~" From: Carol Gol~:~~tly (\ ~) , Fin~~ce Director Sheriff's Office Finance Division ; n : ~l il' -',...:,' Re: Justice Assistance Grant (JAG) - AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 It .....'t BACKGROUND OF RBQUBST/PROBLBM: r....::, rit'- ~'t ,t .....rn .jnt ll';~ t-l,'k'Jr'!~Jld lnt'tfTI,ll'I."rl h"~, ~. wd .ut.1.'l..llttE!' Fiscal year 2009/2010 Edward Byrne Memorial Justice Assistance Grant (JAG) Program (American Recovery an~ Reinvestment Act of 2009) has been allocated to Collier County by the Florida Department of Law Enforcement. Board approval is requested by the Sheriff's Office to: 1. Seek appointment of the Collier County Commission as the coordinating unit of government for fiscal year 2009/2010 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program funds and execute the Certificate of Participation. 2. Approve the Sheriff as the chief official applicant; the CCSO Finance Director as the grants' chief financial manager, and the CCSO Grant Coordinator as the grants' contact person. 3. Approve Sheriff's Office fiscal year 2009-2010 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program applications when completed, and accept grant awards and approve associated budget documents. (Are there document. or other information needed to review thi. matter? If ye., attach and reference thi. information). Ye.. Bxecutive Summary and Certificate of Participation THIS ITBM HAS/HAS NOT BBBN PREVIOUSLY SUBMITTBD. :t ;',11"'.'. .:;:/ ,.tlf.....,1 r-1' 'J..tp", -,L,..... A'. r:I.....,' ,; !!:.... t_:,a r:.;~,t"'r ACTION RBQUBSTBD: p.. ,., ~.. ,!; , 1.-:;.! - ~ I . ~,'" ~ t. . :.......1 ", .i.,. ";1' t p. '.-; Legal approval of request. OTHBR COMMENTS: C: Kevin Rambosk. Sheriff ,.; .. I .'" - .." ~- I,'" ' .: II j.- ~ : . t..... : . .J.lt I . . I , ~ ~. .. r :. . 16J3 AGENDA TRANSMmAL SLIP I Agenda Item ~ # Requested Agenda Date: 5/12/09 Jfo:r3 (15) Staff and Commissioner General (16) Consent Agenda Communications Reviewed Date: 9 - '1.1.;." County Manager: Date: Division Head: Item Title: Edw.rd Byrne Memorl.1I Justice Asslst.nee Gr.nt List of Documents Att.ehed: 1. Executive Summary (required) 2. Certificate of Participation 3. 4. 5. ,\ f) C) f" ,,] , ! r: I) I . . ~ ,~" ~_. 5/1 Y.Jo 7 ~ /b ,J 3 ITEM NO: cA-5"f- Q~ DATE RECEIVED: 1.. oC! l~ FILE NO. : - 00 d 75 oJ1. \,.1 3 ROUTED TO: C[Y1 e; ~ ".- fL~ CO,) '/ .) - ~ - -- ----------------------------------- -~ ----------~--~~~-- ____________ -- J ~-f', . ;:::'; -f"' 00 NOT WRITB ABOVE TIllS SPACB . -, -";;- .-..' f REQUEST FOR LEGAL SERVICES , ./..';;-{ I Please type or print I \',/ .~, ,'- TIME SENSITIVE - RA GRANT DOCUMENTS 0" j:=r .....,.. " '-. ~-~': :'C"j ...,- May 26. 2009 ,- ;:-~. Date: ''0 tf\ -- To: Office of the County Attorney Attention: Colleen Greene, Esa ......' From: , Finance Director (Name) (Title) Sheriff's Office Finance Division (Division) (Department) Re: Justice Assistance Grant ( JAG ) - AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 (Subject) BACKGROUND OF REQUEST/PROBLEM: (Describe problem and give background information - be ~, ~, and articulate) . On May 12, 2009, the BOCC approved Item 15 J 3 for the County Commission to be the local coordinating unit of government, approve the Sheriff as the official applicant, Sheriff's Office staff as grant program and financial managers, authorize the Board Chairman to execute the Certificate of Participation for the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance (JAG) Grants (American Recovery and Reinvestment Act of 2009), approve the Sheriff's Office grant applications for fiscal year 2009/2010, authorize acceptance of awards, and approve associated budget amendments. Board Chairman Donna Fiala's signature is needed on several of the Technology Improvement Program RA grant documents. Legal review is requested before submitting these documents to Chairman Fiala to sign. (Are there document. or other information needed to review this matter? If ye., attach and reference this information). Yes. Executive Summary and Certificate of Participation THIS ITEM HAS/HAS NOT BEEN PREVIOUSLY SUBMITTED. (If previously submitted. provide County Attorney's Office file number.) RLS file number unknown; however, the RLS was signed off on by CMG on 5/1/09. ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Legal approval of request. OTHER COMMENTS: C: Kevin Rambosk. Sheriff All requests must be copied to you~ appropriate Division Head or Constitutional Officer.) jh/RA JAG 09 Ie TIP application forms . . J6\J3 CERTIFICATE OF PARTICIPATION Edward Byrne Memorial Justice A..'.tance Grant (JAG) Program American Recovery and Reinvestment Act of 2009 Date: Mav 12. 2009 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 -L 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 - American Recovery and Reinvestment Act of 2009. 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: Joyce Houran Title: Collier County Sheriff's Office Grant ~oorrlinator E-mail address: qrantslcolliersheriff_net Agency: Collier Count v Sheriff's Office Address:3301 Tamiami Trail East, Bldq_ J-1, Naples, Fl_ 14112 Telephone: 2 3 9 - 7 9 3 - 9 3 4 6 County: Collier Date: May 12, 2009 SinC7~ ~4 Chair, Board of County Commissioners .; I - , ' , .0)' ... ., . ' # -.. ~ . " -.. . " , - Approved u to form & legal sufficiency - -- .>\TTEST: ~OO~~ DWIGHT E. BROe Col n Gr.ene, Assistant County Anomey