Item 8DAGENDA ITEM # 8D
NOVEMBER 23, 2009
STAFF REPORT
City of Atlantic Beach
Commission Meeting
AGENDA ITEM: Authority to Execute Justice Assistance Grant Acceptance
for Crime Suppression Unit
DATE: November 11, 2009
SUBMITTED BY: David E. Thomps n~stant City Manager
BACKGROUND:
Earlier this year, the City Commission authorized staff to apply for a Justice Assistance
Grant to cover costs for a Crime Suppression Detective in 2009-10. The application was
modified to include the salary of one (1) detective plus overtime, the purchase of one (1)
undercover vehicle, and providing confidential fund money to support the Crime
Suppression Unit. The grant application was submitted for a total of $75,000.
With input from Chief Classey, Police Lieutenant Tiffany Layson modified and
submitted the grant application for funding. As a result, the grant application was
approved by the Florida Department of Law Enforcement.
BUDGET: This grant does not require any match funding.
The original application requested $75,000 to cover salaries and benefits for a Crime
Suppression Detective. After making necessary modifications to meet grant
requirements, the funding was separated into several different line items including salary,
overtime, confidential funding, and the purchase of a vehicle.
RECOMMENDATIONS: To authorize the Mayor to sign the Certificate of Acceptance
of Subgrant Award, and to sign subsequent paperwork relative to the administration of
this grant.
ATTACHMENTS: Cover Letter from Florida Department of Law Enforcement with
attachments
REVIEWED BY CITY MANAGER:
AGE A ITEM NUMBER:
AGENDA ITEM # 8D
NOVEMBER 23, 2009
FILE
Florida Department of Office of Criminal Justice Grants
Law Enfarcemen# F'ost Office Sox 1489
Tallahassee, Fiorida 32302-1489
Gerald M. Bailey (850) 617-1250
Commissioner www.fdle.state.fl.us
Charlie Crist; Governer
Sill McCollum, Attorney General
Alex Sink, Chief Financial Officer
Charles H. Bronson, Commissioner of Agriculture
~7 ~ "??1'~rr
t ',t,~i,:~,
The Honorable John Meserve
Mayor
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233-5444
Re: Contract No. 2010-JAGC-DUVA-5-4X-019
Dear Mayor Meserve:
Received
NOV 1 3 2009
orn~e w cny cterlc
The Florida Department of Law Enforcement is pleased to award an Edward Byrne
Memorial Justice Assistance Grant to your unit of government in the amount of
$ 75,000.00 for the project entitled, 2009/10 ABPD CRIME SUPPRESSION UNIT.
These funds shall be utilized for the purpose of reducing crime and improving public
safety.
A copy of the approved subgrant application with the referenced contract number is
enclosed for your file. All correspondence with the Department should always refer to
the project number and title.
Your attention is directed to the Standard Conditions of the subgrant. Changes were
made to these conditions after your application was received in this office. Therefore,
these Standard Conditions should be reviewed carefully by those persons responsible
for project administration to avoid delays in project completion and costs
reimbursements.
The enclosed Certification of Acceptance should be completed and returned to the
Department within 30 calendar days from the date of award. This certificate constitutes
official acceptance of the award and must be received by the Department prior to the
reimbursement of any project expenditures.
Committed to
Service • Integrity • Respect • Quaiity
AGENDA ITEM # 8D
NOVEMBER 23, 2009
The Honorable John Meserve
Page Two
We look forward to working with you on this project. If we can be of further assistance,
please contact Janice Parish at 850/617-1250.
Sincerely,
~Q ' ~~
CTa-ytor H ~ilder
Administrator
CHW/JP/jj
Enclosures
AGENDA ITEM # 8D
NOVEMBER 23, 2009
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative, acknowledges receipt and
acceptance of subgrant award number 2010-JAGC-DUVA-5-4X-019, in the amount
of $ 75,000.00, for a project entitled, 2009/10 ABPD CRIME SUPPRESSION UNIT,
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.
(Signature of Subgrantee's Authorized Official)
(Typed Name and Title of Official)
(Name of subgrantee)
(Date of Acceptance)
Rule Reference 11 D-9.006 OCJG-012 (Rev. October 2005)
AGENDA ITEM # 8D
NOVEMBER 23, 2009
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
SUBGRANT AWARD CERTIFICATE
Subgrantee: City of Atlantic Beach
Date of Award: //- ~~ D 9
Grant Period: From: 10/01/2009 TO: 09/30/2010
Project Title: 2009/10 ABPD CRIME SUPPRESSION UNIT
Grant Number: 2010-JAGC-DUVA-5-4X-019
Federal Funds: $ 75,000.00
State Agency Match:
Local Agency Match: $ 0.00
Total Project Cost: $ 75,000.00
State Purpose Area: A :State/Local Initiatives -Coordinate/Organize Local
Initiatives/State Initiatives, E :Equipment Supplies -Purchase Equipment/Supplies
CFDA Number: 16.738
Award is hereby made in the amount and for the period shown above of a subgrant
under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-
351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above
mentioned subgrantee and subject to any attached or special conditions.
This award is subject to all applicable rules, regulations, and conditions as contained
in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D,
Office of Justice Programs, Common Rule for State and Local Governments and A-
87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It is
also subject to such further rules, regulations and policies as may be reasonably
prescribed by the State or Federal Government consistent with the purposes and
authorization of P.L. 90-351, as amended, and P.L. 100-690.
AGENDA ITEM # 8D
NOVEMBER 23, 2009
SUBGRANT AWARD CERTIFICATE (CONTINUED)
This grant shall become effective on the beginning date of the grant period provided
that within 30 days from the date of award, a properly executed Certificate of
Acceptance of Subgrant Award is returned to the Department.
Authorized fficial
Clayton H. Wilder
Administrator
II- ~- 05
Date
( )This award is subject to special conditions (attached).
AGENDA ITEM # SD
NOVEMBER 23, 2009
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
Addendum To Standard Conditions
For subgrant Recipients receiving Edward Byrne Memorial Justice Assistance Grant
(JAG) Program funds under Federal Grant No. 2009-DJ-BX-1077, the following
additional conditions apply:
1. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct
The subgrant recipient must promptly refer to the Florida Department of Law
Enforcement, Office of Criminal Justice Grants any credible evidence that a principal,
employee, agent, contractor, subcontractor, or other person has either 1) submitted a
false claim for grant funds under the False Claims Act; or 2) committed a criminal or
civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar
misconduct involving grant funds.
2. Task Force Training Requirement
The subgrant recipient agrees that within 120 days of award, for any law enforcement
task force funded with these funds, the task force commander, agency executive,
task force officers, and other task force members of equivalent rank, will complete
required online (internet-based) task force training to be provided free of charge
through BJA's Center for Task Force Integrity and Leadership. This training will
address task force effectiveness as well as other key issues including privacy and
civil liberties/rights, task force performance measurement, personnel selection, and
task force oversight and accountability. Additional information will be provided by
BJA regarding the required training and access methods via BJA's web site and the
Center for Task Force Integrity and Leadership (www.ctfli.org).
SFY 2010 Page 1
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide.
Subgrant Recipient
Organization Name:
County:
City of Atlantic Beach
Duval
Chief Official
Name: John Meserve
Title: Mayor
Address: 800 Seminole Road
City: Atlantic Beach
State: FL
Phone: 904-247-5800
Fax: 904-247-5846
Email: jmeserve@coab.us
Chief Financial Officer
Zip: 32233-5444
Ext:
Name: Nelson Van Liere
Title: Finance Director
Address: 800 Seminole Road
City: Atlantic Beach
State: FL Zip: 32233
Phone: 904-247-5807 Ext:
Fax: 904-247-5877
Email: nvanliere@coab.us
AGENDA ITEM # 8D
NOVEMBER 23, 2009
Application Ref # 2010-JAGC-1066 Section #1 Page 1 of 2
Contract 2010-JAGC-DUVA-5-4X-019
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
AGENDA ITEM # 8D
NOVEMBER 23, 2009
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
Implementing Agency
Organization Name: Atlantic Beach Police Department
County: Duval
Chief Official
Name: Michael Classey
Title: Chief of Police
Address: 850 Seminole Road
City: Atlantic Beach
State: FL Zip:
Phone: 904-247-5859 Ext:
Fax:
Email: mclassey@coab.us
Project Director
Name: Tiffany Layson
Title: Lieutenant
Address: 850 Seminole Road
City: Atlantic Beach
State: FL Zip:
Phone: 904-247-5876 Ext:
Fax: 904-247-5899
Email: tlayson@coab.us
Application Ref # 2010-JAGC-1066
Contract 2010-JAGC-DUVA-5-4X-019
32233
32233
Section #1 Page 2 of
Rule Reference 11 D-9.006 OCJG-005 (rev. Aprii 2005)
AGENDA ITEM # 8D
Application for Funding Assistance NOVEMBER 23, 2009
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
Subgrant Recipient: City of Atlantic Beach
Implementing Agency: Atlantic Beach Police Department
Project Start Date: 10/1/2009 End Date: 9/30/2010
Problem Identification
The City of Atlantic Beach is in Duval County with the City of Jacksonville, Jacksonville Beach,
and Neptune Beach. Atlantic Beach is also a primary route for personnel at the Mayport Naval
Station to travel to and from work each day. Atlantic Beach has a number of low income, high
crime areas, especially in the area of Mayport Road (State Road A1A). The drug related street
crime, including prositution as well as violent crimes, often endangers citizens and reduces the
quality of life in these areas.
Routine patrol does not focus police resources to address the specific problems that we have
identified. However, a small group of highly motivated and directed officers are able to take
timely, decisive action when confronted with drug related street crime in a given area.
Project Summary
The Atlantic Beach Police Department initiated a Crime Suppression Unit (CSU) in 2004 to
address the problems discussed above. The CSU is comprised of two full time officers and one
sergeant that focus their efforts on drug related street crime in the Mayport Road area of the city.
The CSU is not restricted to any specific location, but Mayport Road is the area with the highest
incidence of drug related street crime.
The CSU investigates drug related crimes, gun crimes, initiates sting operations targeting illegal
drugs and prostitution provides resources with other agencies to combat drug related street
crimes, and coordinates with other law enforcement agencies in the area including local, state,
and federal authorities. The CSU also share equipment and resources with other agencies to
combat drug related street crimes, especially involving firearms and violence.
The funding for the operational expenses of the CSU has come primarily from the City of Atlantic
Beach. The purpose of this application is to seek funding for $42000 towards the salary for one
detective to continue in the Crime Suppression Unit. JAG has historically funded a minimum of
one of the Crime Suppression positions. At inception, two positions were funded with JAG funds,
last year one position was funded with this grant. We are requesting that this year we continue
funding for one position (salary) through JAG funds. We are also seeking to use the JAG funding
to purchase an unmarked police vehicle for the CSU detectives to utilize while working proactive
enforcement. Additionally, we would like to put $7,000 towards overtime to enable the detectives
to work additional initiatives which are often cut short due to budget constraints, and $5000 for
confidential funds which will assist in the quality of their investigations.
Application Ref # 2010-JAGC-1066 Section #2 Page 1 of 2
Contract 2010-JAGC-DUVA-5-4X-
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
AGENDA ITEM # 8D
Application for Funding Assistance NOVEMBER 23, 2009
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
4?+4
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: No
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: No
Application Ref # 2010-JAGC-1066
Contract 2010-JAGC-DUVA-5-4X-
Section #2 Page 2 of 2
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
AGENDA ITEM # 8D
Application for Funding Assistance NoVEMBER23,2o09
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
•
General Performance Info:
Performance Reporting Frequency: Quarterly
Federal Purpose Area: 001 -Law Enforcement Programs
State Purpose Area: A -State/Local Initiatives -Coordinate/Organize Local Initiatives/State
Initiatives
Activity Description
Activity: Law Enforcement
Target Group: Drug Offenders
Geographic Area: City-Wide
Location Type: City-Wide
Objectives and Measures
Objective: 58.A.S1 -Number of existing local initiatives
Measure: Part 1
Will this grant continue a local initiative that was begun with any other funding
source, including a prior year's grant?
Goal: Yes
State Purpose Area: E -Equipment Supplies -Purchase Equipment/Supplies
Activity Description
Activity: Equipment and Supplies
Target Group: Equipment and Supplies
Geographic Area: City-Wide
Location Type: City-Wide
Objectives and Measures
Objective: 25.E.S1 -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: $21,000.00
Objective: 26.E.S1 -Types of equipment and/or supplies purchased with JAG funds
Measure: Part 4
Purchase equipment and/or supplies other than court supplies, computer
Application Ref # 2010-JAGC-1066 Section #3 Page 1 of
Contract 2010-JAGC-DUVA-5-4X-
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
AGENDA ITEM # 8D
Application for Funding Assistance No~~ER23,2o09
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
software, or firearms
Goal: Yes
Objective: 27.E.S1 -Number of departments to directly benefit from equipment and/or supplies
purchased with JAG funds
Measure: Part 1
Number of departments that will expend grant funds to purchase equipment or
supplies
Goal: 1
Measure: Part 2
Number of departments that will directly benefit from equipment and/or supplies
purchased with JAG funds
Goal: 1
Objective: 52.E.S1 -Number of equipment items purchased with JAG funds by type of
equipment
Measure: Part 16
How many other pieces of equipment will be purchased?
Goal: 1
Application Ref # 2010-JAGC-1066 Section #3 Page 2 of 3
Contract 2010-JAGC-DUVA-5-4X-
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
AGENDA ITEM # 8D
NOVEMBER 23, 2009
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
• "`vow ~ `4~ P
,-
Section Questions:
Question: If "other" was selected for the geographic area, please describe.
Answer: N/A
Question: If "other" was selected for location type, please describe.
Answer: N/A
Application Ref # 2010-JAGC-1066
Contract 2010-JAGC-DUVA-5-4X-
Section #3 Page 3 of 3
Rule Reference 11D-9.006 OCJG-005 (rev. April 2005)
Note: All financial remittances will be sent to the Chief Financial Officer
of the Subgrantee Organization.
Financial Reporting Frequency for this Subgrant: Quarterly
Is the subgrantee a state agency?: No
FLAIR /Vendor Number: 596000267
Budget:
Budget Category Federal Match Total
Salaries and Benefits $49,000.00 $0.00 $49,000.00
Contractual Services $0.00 $0.00 $0.00
Expenses $5,000.00 $0.00 $5,000.00
Operating Capital $21,000.00 $0.00 $21,000.00
Outlay
Indirect Costs $0.00 $0.00 $0.00
-- Totals -- $75,000.00 $0.00 $75,000.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project ge nerated income (PGI) ? Yes
PGI Reporting Frequency : Quarterly
Application Ref # 2010-JAGC-1066 Section #4 Page 1 of 3
Contract 2010-JAGC-DUVA-5-4X-
Rule Reference 11D-9.006 OCJG-005 (rev. April 2005)
AGENDA ITEM # 8D
NOVEMBER 23, 2009
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
Budget Narrative:
SALARIES AND BENEFITS:
Detective ?Crime Suppression Unit
Salaries $42,000.00
Benefits Included: None
Detective works 100% of the time on the proj ect. The salary is paid at 100%.
There are two detectives n the unit.
Overtime
Approximately 232 hours at $30.05 per hour $7,000.00
No Benefits
TOTAL SALARIES AND BENEFITS $49,000.00
EXPENSES
Confidential Funds $5,000.00
TOTAL EXPENSES $5,000.00
OPERATING CAPITAL OUTLAY
Unmarked Patrol 4 door sedan/Cruiser/Car $21,000.00
TOTAL OPERATING CAPITAL OUTLAY $21,000.00
TOTAL GRANT AWARD $75,000.00
Application Ref # 2010-JAGC-1066 Section #4 Page 2 of 3
Contract 2010-JAGC-DUVA-5-4X-
Rule Reference 11D-9.006 OCJG-005 (rev. April 2005)
AGENDA ITEM # 8D
Application for Funding Assistance NOVEMBER 23, 2009
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
__ -- - ----- rt --
Section Questions:
Question: If salaries and benefits are included in the budget as actual costs for staff in the
implementing agency, is there a net personnel increase, or a continued net personnel
increase from the previous Byrne program?
Answer: Yes
Question: If benefits are to be included, are they reflected in the budget narrative?
Answer: 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
Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of
salaries and benefits}, and provide documentation of the appropriate approval of this
plan.
Answer: N/A
Question: If the budget includes services based on unit costs, provide a definition and cost for
each service as part of the budget narrative for contractual services. Include the basis
for the unit costs and how recently the basis was established or updated.
Answer: N/A
Application Ref # 2010~1AGC-1066 Section #4 Page 3 of 3
Contract 2010-JAGC-DUVA-5-4X-
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
AGENDA ITEM # 8D
NOVEMBER 23, 2009
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
Standard Conditions
Conditions of agreement requiring compliance by units of local government (subgrant recipients),
implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in
this section. Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding. Failure to comply with provisions of this agreement will result in
required corrective action up to and including project costs being disallowed and termination of the
project, as specified in item 17 of this section.
1. All subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide (Financial Guide) 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 11 D-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 OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions."
b. All procedures employed in the use of federal funds for any procurement shall be according
to U.S. Department of Justice Common Rule for State and Local Governments, or OMB
Circular A-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement.
SFY 2010 Page 1
AGENDA ITEM # 8D
NOVEMBER 23, 2009
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-
auditand 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
AGENDA ITEM # 8D
NOVEMBER 23, 2009
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
submitting quarterly PGI reports until all funds are expended. (See Item 10, Program
Income.)
c. Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs
Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and A-110, or A-102 as
applicable, in their entirety.
c. All funds not spent according to this agreement shall be subject to repayment by the subgrant
recipient.
5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of subgrant Recipient Funds
subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
7. Advance Funding
Advance funding shall be provided to a subgrant recipient upon a written request to the
Department.
8. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds.
The trust fund may or may not be an interest bearing account.
b. The account may earn interest, but any earned interest must be used for program purposes
and expended before the subgrant end date. Any unexpended interest remaining at the
end of the subgrant period must be submitted to the Office of Criminal Justice Grants for
transmittal to the Bureau of Justice Assistance.
9. Travel and Training
The cost of all travel shall be reimbursed according to the subgrant recipient's written travel
policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be
reimbursed according to § 112.061, Fla. Stat.
SFY 2010 Page 3
AGENDA ITEM # SD
NOVEMBER 23, 2009
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
10. Program Income (also known as Project Generated Income)
a. All income generated as a direct result of a subgrant project shall be deemed program
income.
b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report
to report how much PGI was earned during each quarter. A report must be submitted each
quarter even if no PGI was earned or expended.
c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants.
Program income must be used for the purposes of and under the conditions applicable to
the award. If the cost is allowable under the Federal grant program, then the cost would be
allowable using program income.
d. Program income should be used as earned and expended as soon as possible. Any
unexpended PGI remaining at the end of the Federal grant period must be submitted to the
Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance.
11. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment
of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs)
for an eight-hour day. Approval shall be based upon the contract's compliance with requirements
found in the Financial Guide, the Common Rule, and in applicable state statutes. The
Department's approval of the subgrant recipient agreement does not constitute approval of
consultant contracts. If consultants are hired through a competitive bidding process (not sole
source), the $450 threshold does not apply.
12. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat.
b. The subgrant recipient shall establish and administer a system to protect, preserve, use,
maintain and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement according to federal property management standards set forth in
the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for
State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable.
This obligation continues as long as the subgrant recipient retains the property,
notwithstanding expiration of this agreement.
13. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed by the terms of the Office of Justice Programs
Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and
Local Governments, or the federal OMB Circular A-110 or A-102, as applicable.
14. Copyright
The awarding agency reserves aroyalty-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
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AGENDA ITEM # 8D
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that will be published, including web-based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following statements:
"This project was supported by Award No. [contact the Office of Criminal Justice Grants for award
number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions,
findings, and conclusions or recommendations expressed in this publication/program/exhibition
are those of the author(s) and do not necessarily reflect the views of the Department of Justice."
16. Audit
a. subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program-specific audit conducted for that year. The audit shall be performed in
accordance with the federal OMB Circular A-133 and other applicable federal law. The
contract for this agreement shall be identified in the Schedule of Federal Financial Assistance
in the subject audit. The contract shall be identified as federal funds passed through the
Florida Department of Law Enforcement and include the contract number, CFDA number,
award amount, contract period, funds received and disbursed. When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of §
11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat. ,
"Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local
Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit
and For-Profit Organizations."
b. A complete audit report that covers any portion of the effective dates of this agreement must
be submitted within 30 days after its completion, but no later than nine (9) months after the
audit period. In order to be complete, the submitted report shall include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is issued, unless extended in writing by the Department.
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.
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AGENDA ITEM # 8D
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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,
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AGENDA ITEM # 8D
NOVEMBER 23, 2009
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
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
made or received by the subgrant recipient or its contractor in conjunction with this
agreement.
c. The subgrant recipient will give the awarding agency or the General Accounting Office,
through any authorized representative, access to and the right to examine all paper or
electronic records related to the financial assistance.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
25. Signature Authority
The subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to the approved agreement. The prior mentioned individuals
have authority to sign or make amendments to the Sole Source, ADP Justification and the
Privacy Certification forms. The Project Director has authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the subgrant
Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief officer or elected official must submit to the
Department a letter or resolution indicating the person given signature authority. The letter
indicating delegation of signature authority must be signed by the chief officer or elected official
and the person receiving signature authority. The letter must also specify the authority being
delegated.
27. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for
the subgrant recipient or Implementing Agency, Project Director, or Contact Person, the
Department must be notified in writing with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless otherwise provided by law, the provisions of § 435, Fla. Stat. shall
apply.
a. All positions in programs providing care to children, the developmentally disabled, or
vulnerable adults for 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotline; and all persons working under contract who have
access to abuse records are deemed to be persons and positions of special trust or
responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level
2 standards set forth in that chapter.
b. All employees in positions designated by law as positions of trust or responsibility shall be
required to undergo security background investigations as a condition of employment and
continued employment. For the purposes of the subsection, security background
investigations shall include, but not be limited to, employment history checks, fingerprinting
SFY 2010 Page 8
AGENDA ITEM # 8D
NOVEMBER 23, 2009
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency or employee. When fingerprinting is required, the fingerprints of the employee
or applicant for employment shall be taken by the employing agency or by an
authorized law enforcement officer and submitted to the Department of Law
Enforcement for processing and forwarding, when requested by the employing agency,
to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of Law Enforcement for any costs incurred by it in the
processing of the fingerprints.
29. Drug Court Projects
A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment-Based Drug Court
Programs."
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence System
The subgrant recipient agrees that any information technology system funded or supported by the
Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence
Systems Operating Policies, if the Office of Justice Programs determines this regulation to be
applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable,
the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28
C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as
per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of the Office of Justice Programs Financial Guide is required from all projects
that are involved with confidential funds. The signed certification must be submitted at the time of
grant application.
33. Equal Employment Opportunity (EEO)
a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of
race, color, national origin, religion, sex, disability, or age in funded programs or activities. All
subgrant recipients and implementing agencies must comply with any applicable statutorily-
imposed nondiscrimination requirements, which may include the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §
10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. §
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AGENDA ITEM # 8D
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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/about/ocr/eeop_comply.htm, must be retained by the subgrant
recipient or implementing agency, and must be available for review or audit. The
organization must also submit an EEO Certification to FDLE.
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 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
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AGENDA ITEM # 8D
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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 athree-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;
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AGENDA ITEM # 8D
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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 athree-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.
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AGENDA ITEM ~ 8D
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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.
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
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AGENDA ITEM # 8D
NOVEMBER 23, 2009
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
glassware, equipment, and contaminated materials and wastes from the site(s) of each
seized clandestine laboratory;
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, properly licensed recycling facilities;
(7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6
immediately above in order to ensure proper compliance;
(8) Have in place and implement an inter-agency agreement or other form of commitment
with a responsible State environmental agency that provides for that agency's (i) timely
evaluation of the environmental conditions at and around the site of a closed clandestine
laboratory and (ii) coordination with the responsible party, property owner, or others to
ensure that any residual contamination is remediated, if necessary, and in accordance
with existing State and Federal requirements; and
(9) Have in place and implement a written agreement with the responsible state or local
service agencies to properly respond to any minor, as defined by state law, at the site.
This agreement must ensure immediate response by qualified personnel who can (i)
respond to the potential health needs of any minor at the site; (ii) take that minor into
protective custody unless the minor is criminally involved in the meth lab activities or is
subject to arrest for other criminal violations; (iii) ensure immediate medical testing for
methamphetamine toxicity; and (iv) arrange for any follow-up medical tests,
examinations, or health care made necessary as a result of methamphetamine toxicity.
43. Limited English Proficiency (LEP)
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of
1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to
provide meaningful access to their programs and activities for persons with LEP. For more
information on the civil rights responsibilities that recipients have in providing language services
to LEP individuals, please see the website at htto://www.lep_pov.
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
AGENDA ITEM # 8D
NOVEMBER 23, 2009
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.niem.gov/implementationguide.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
AGENDA ITEM # 8D
NOVEMBER 23, 2009
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
37898 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=1046.
55. Interstate Connectivity
To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of
Justice Assistance for law enforcement information sharing systems which involve interstate
connectivity between jurisdictions, such systems shall employ, to the extent possible, existing
networks as the communication backbone to achieve interstate connectivity, unless the subgrant
recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this
requirement would not be cost effective or would impair the functionality of an existing or
proposed IT system.
56. Supplanting
The subgrant recipient agrees that funds received under this award will not be used to supplant
State or local funds, but will be used to increase the amounts of such funds that would, in the
absence of Federal funds, be made available for law enforcement activities.
57. Conflict of Interest
The subgrant recipient and implementing agency will establish safeguards to prohibit employees
from using their positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest, or personal gain.
58. Uniform Relocation Assistance and Real Property Acquisitions Act
The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance
and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the
treatment of persons displaced as a result of federal and federally-assisted programs.
59. Limitations on Government Employees Financed by Federal Assistance
The subgrant recipient will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28,
which limit certain political activities of State or local government employees whose principal
employment is in connection with an activity financed in whole or in part by federal assistance.
60. Equal Treatment for Faith Based Organizations
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the
Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the
SFY 2010 Page 16
AGENDA ITEM # 8D
NOVEMBER 23, 2009
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
"Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that
Department of Justice grant awards of direct funding may not be used to fund any inherently
religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in
time or place from the Department of Justice funded program, and participation in such activities
by individuals receiving services from the grantee or asub-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/about/ocr/equal_fbo.htm.
67. 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
AGENDA ITEM # 8D
NOVEMBER 23, 2009
FUNDS CERTIFICA'i'14M
Florida Department of Law Enforcement
hrrne Mernorlal Justke Assistance Grant
C®rt~#ication Regarding Confidential Funds
A signed certification #hat the project director has read, understands, and agrees to abide by th4
ptovislons In Chapter 8 of the Office of Justice Programs' (OJP) Financial Guide is required from all
projects that involve confi+dentlal funds from either Federal or matching funds. The signed
cettli!icadon must ba submitrted~at the time of the grarrt application.
Project
2009~20~0 Crime Suppression Un~.t
Name ofSubgrantee: City o~ Atlantic Beack~
Name of Impl®menting Agency: Atlantic Beach Pol~.ce Department
Address: 850 Seminole: Road
Atlantic Beach, F'lox~.cla 32233
plemenQng rig@flcy rwuwr~zev vm~iai. ••r•......, .. --•-
~tichael Clasaev 1904) 247-5859
rtlfy that ithat i have read, understand, and agree to abide by all of the cond~bons far confldentlal
in the effective edition of OJP's Financial Guide for grants. _
9/l5/2009 , ~/~
Official
1. Pu a Services P1S .This category includes travel or transportation of a non federal officer ar an
informant; the lease of an apartment, business front, automobiles, aircraft or boat, or similar effects fie
crea#e or establish the appearance of effluence; and/ar meats, beverages, entertainment and similar
expenses (inGuding buy money and flash rolls, etc.) for undercover purposes, within reasonable limits.
2. Pu f v den PIE . This category is far the pun;hase of evidence and/or contraband such as
narcotics and dangerous drugs, firearms, stolen properly, counterfeit ~x stamps, etc., required ~
determine the existence of a crime or to establish the identity of a participant in a crime.
3. Purchase of Soecif lnfonnaiton (P/ll. This category includes the payment of monies t0 an Informant for
specitc information. Other informant expenses dassifled under PIS may be charged accordingly.
.rao ltrsnr avaNc~~ ~ conRo Funds n
Pegs i
Rule Rete~ence 11D•9.006 OC,IG-008 (Rev, ~C#oDer 2045)
AGENDA ITEM # 8D
NOVEMBER 23, 2009
CERTIFICATION FORM
Recipient Name and Address: City of Atlantic Beach, 800 Seminole Road Atlantic Beach, FL 32233
Grant Title: 2009/ 10 Crime Suppression Unit Grant Number:°~~~~~~~~~ward Amount: .7 ~~
Contact Person Name and Title: John Meserve, Mayor
Phone Number: ~04) 247-5809
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need~to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7`~ Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete ExemRtion from the EEOP Requirement. Please check alt the boxes rhar
apply.
^ Recipient has less than 50 employees, ^ Recipient is an Indian tribe,
^ Recipient is anon-profit organization, ^ Recipient is an educational institution, or
^ Recipient is a medical institution, ^ Recipient is receiving an award less than $25,000
I, [responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that
[recipient] will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title Signature Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305):
I, John Meserve [responsible official], certify that
the City of Atlantic Beach [recipient],whichhas 50 or more
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
ESOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: City of Atlantic Beach -Human Res u ces [organization],
at 800 Seminole Road, Atlantic Beach, FL 322 3 [address],for review by the public and
employees or for review or audit by officials of the relevant sta agency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of Justice, as required by re e sand regulations.
John Meserve, Mayor _ _ ~~ v ~ `~"' 8-3-09
Print or type Name and Title
Date
OMB Approval No. 1121-0140 Expiration Date: 01/31/06
AGENDA ITEM # 8D
NOVEMBER 23, 2009
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
State of Florida
Department of Law Enforcement
Office of Criminat Justice Grants
Signature:
~ Clayton N. Wilder, Administrat~I`
Typed Name and Title:
Date:
1~/- 'y-
Subgrant Recipient
Authorizing Official of Governmental Unit
(Commission Chairman, Mayor, or Designated Representative)
Typed Name of S~bg~nt Recipient: r; t~, ~f nrl antic Beach
Signature:
Typed Name and CfJitfe:
Date: A 1Q ,G ~ d. 009
Implementing Agency
Official, Administrator or Designated Representative
Typed Name
Signature:
Typed Name and Title: Mi kP r.i p~+Gp~~, (:hi of ~f police
Date: August 3rd, 2009
Application Ref # 2010-JAGC-1066
Contract -JAGC-DUVA- - -
Section #6 Page 1 of 1
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)