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Item C10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 18, 2006 Division: Budqet and Finance Bulk Item: Yes ~ No D Department: Grants Staff Contact Person: David P. Owens AGENDA ITEM WORDING: Approval of contracts with Florida Department of Law Enforcement for proqrams funded by the Edward Byrne Justice Assistance Grant Proqram. A summary of the providers and amounts is attached. ITEM BACKGROUND: Federal funds are provided throuqht the Florida Department of Law Enforcement. Substance Abuse Policy Advisory Board (SAPAB) reviews proposals and makes recommendations to BOCC for local fundinq of proqrams. PREVIOUS RELEVANT BOCC ACTION: Participation in Byrne Grant Proqram since .illlli.!Qximately 1990. Approval of Certification of Participation at May 2006 meetinq. Approval of SAPAB recommendations at June 2006 meetinq. Contracts with the providers are also on today's aqenda. CONTRACT/AGREEMENT CHANGES: All are new contracts. However, some providers and proqrams have been funded in prior years under similar contracts. STAFF RECOMMENDATION: Approval TOTAL COST: 89,801.00 COST TO COUNTY: 29,934.00 REVENUE PRODUCING: Yes D No ~ BUDGETED: Yes ~ No D SOURCE OF FUNDS: General Revenue AMOUNT PER MONTH YEAR APPROVED BY:COUNTY A TTY ~ OMB/PURCHASING ~ RISK MANAGEMENT ~ DOCUMENTATION: INCLUDED: ~ NOT REQUIRED: D DISPOSITION: AGENDA ITEM #: ~ o o o l!) N Q) MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Law Enforcement Effective Date: 1 % 1/06 Expiration Date: 9/30/07 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Monroe Youth Challenge program as part of Monroe County's FY07 Edward Byrne Memorial Justice Assistance Grant Program Contract Manager: David P. Owens (Name) 4482 (Ext.) OMB/Grants Mgt. (Department) for BOCC meeting on 10/18/06 Agenda Deadline: 10/03/06 CONTRACT COSTS Total Dollar Value of Contract: $40,000.00 Current Year Portion: $40,000.00 Budgeted? Yes X No Account Codes: 125-06027-530490-GG0712-XXXXXX Grant: $30,000.00 County Match: $10,000.00 Estimated Ongoing Costs: $2857.00 (Not included in dollar value above) ADDITIONAL COSTS For: Staff support-filing reports, oversight (e.g. Maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Risk Manag~ment~ p:ft- t.:' ().~ A::I O.M.B./Purcha~ing Changes Date In Needed YesD NoD YesD No[3- YesD NO~/ YesD No~ Date Out County Attorney Division Director Comments: OMB Form Revised 9/11/95 MCP #2 FDLE Florida Department of Law Enforcement Office of Criminal Justice Grants Mailing Address: Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Gerald M. Bailey Commissioner SEP 1 3 2006 The Honorable Charles McCoy Mayor Monroe County Board of Commissioners 530 Whitehead Street Key West, FL 33040 Re: Contract No. 2007-JAGC-MONR-1-P3-069 Dear Mayor McCoy: 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 $ 30,000.00 for the project entitled, MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM II. 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. These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service. Integrity' Respect. Quality The Honorable Charles McCoy Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at 850/410-8700. Sincerely, Q2~" r ~. ~ Clayt~ilder Administrator CHWIJPljj Enclosures 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 2007-JAGC-MONR-1-P3-069, in the amount of $ 30,000.00, for a project entitled, MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM II, for the period of 1 % 1 /2006 through 09/30/2007, 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) MONROE PPROVED AS TO ~ NATllEENE W. CASSEL State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: SEP 1 3 2006 Grant Period: From: 10/01/2006 TO: 09/30/2007 Project Title: MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM II Grant Number: 2007-JAGC-MONR-1-P3-069 Federal Funds: $ 30,000.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 30,000.00 State Purpose Area: 04A: Community Crime Prevention 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-11 0 or A-1 02, 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. 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. Qo~h! UW~ AuthorizedjOfficial . Clayton H. Wilder Administrator q- )'3-D~ Date ( ) This award is subject to special conditions (attached). Application for Fundi n9 Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe FEID OR SAMAS: 59-6000749 Chief Official Name: Charles McCoy Title: Mayor Address: 530 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3430 Ext: Fax: 305-292-3577 Suncom: Email: boccdis3@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Email: dkolhage@monroe-c1erk.com Application Ref # Contract 2007 -JAGC-507 2007 -JAGC-MONR-1-P3-069 Section #1 Page 1 of 2 Application for Fundi ng Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Implementing Agency Organization Name: County: FEID OR SAMAS: Monroe County Board of Commissioners Monroe 59-6000749 Chief Official Name: Charles McCoy Title: Mayor Address: 530 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3430 Ext: Fax: 305-292-3577 Suncom: Email: boccdis3@monroecounty-f1.gov Project Director Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: owens-david@monroecounty-f1.gov Application Ref # Contract 2007 -JAGC-507 2007 -JAGC-MONR-1-P3-069 Section #1 Page 2 of 2 Application for Fundi ng Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Project Information Project Title: MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM II Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2006 End Date: 9/30/2007 Problem Identification Problem Identification The Problems to which the Monroe Youth Challenge Program (MYCP) are responding are: 1) increases in middle school fighting and bullying, alcohol-related usage, suspension rates, and arrests; and 2) decreases in the age that students are reporting using gateway drugs - in particular, cigarettes and alcohol. Significance These problems are significant because: 1) early usage of gateway drugs such as alcohol and tobacco is often a precursor to the use of harder drugs such as methamphetamine and cocaine; 2) there is a noteworthy correlation between alcohol or chemical dependency and criminal activity according to several studies released by the National Institute of Child Health and Human Development (NICHD); 3) fighting and bullying are the major causes of violence in middle schools which, in turn, are the most common reasons for out of school suspensions; and 4) increased suspension rates correlate to increased drop out rates. The at risk youth, their families, victims as well as the local community as a whole are affected by the social and economic cost of the increase in juvenile substance abuse and crime. Needs Assessment. The scope of the problem of middle school usage of gateway drugs, in particular, alcohol and tobacco, is indicated by surveyed Monroe County high school students reporting that they first used cigarettes at 12.4 years old, had tried alcohol at 13.2, and drank at least once a month at 14.8. This was self reported in the 2004 Florida Youth Substance Abuse Survey which also showed that 22.5% of Monroe County middle school students drank alcohol in the past 30 days. (2.2% higher than the state average). The same study showed an increasing trend in the delinquent behavior of Monroe County middle school students involving arrests and attacking someone with intent to do harm. The Sheriffs office reported that middle school students represent less than 1/3 of the total students, yet constitute 60% of the 50 reported citations and arrests in school year 04/05. Of the 30 middle school arrests, 80% were due to fighting or battery on other students or staff. Florida Department of Education reports that suspension rates in Monroe County are above the state average by .5 percent. Project Summary Project Summary One Year Goals: Application Ref # Contract 2007 -JAGC-507 -JAGC-MONR- - - Section #2 Page 1 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Reduce teasing and bullying behavior by 5% among middle school students. Facilitate decision making and conflict resolution programs to decrease the number of reported fights in the middle school setting by 5%. Assist in the reduction of alcohol usage, specifically binge drinking, by middle school students by 5% in the 2005-2006 school year as reported in Florida Youth Self Assessment Survey. Two Year Goals: Create a Be The Change Club at Middle Schools in which students demonstrate a commitment to drug-free norms, community service and peer support via school wide campaigns, service projects and Natural Helpers. Increase the use among middle school students of community based training programs and youth services by 5%. The provider will be the Monroe County Education Foundation; its address is 241 Trumbo Road, Key West, FL 33040 The relationship of the County to the provider is contractual. A license is not required. All Substance abuse education is provided by third party agencies or motivational speakers in assemblies or classroom presentations. MYCP only coordinates events and is not the primary provider of any substance abuse trainings. This is not a new activity for the service provider. Over the past 4 years, we have developed a variety of programs for high school students designed to reduce violence and other at-risk behaviors, and improve peer relations, while increasing personal life and leadership skills. MYCP has hosted over 20 Challenge Days providing anti violence training to over 1700 students. MYCP sponsored BE THE CHANGE clubs and a leadership class during the day at each high school. MYCP sponsored anti drug and anti violence trainings in all the high schools such as the Florida National Guard's Knight Vision Drug Education Training. In a letter dated April 28, 2003, Coral Shores High School (CSHS) counselor, Cindy Ypsilanti said, "I have seen a tremendous change in our students' relationships with each other on campus and in the community since many of the strategies of community service, mentoring and helping each other has come to fruition through such programs we have implemented in the Upper Keys as Challenge Day, Ropes training, Natural Helpers, and the S.M.I.L.E. club (Students Mentoring in Life Everyday) during the past two years. Students are learning how to effectively communicate through active listening, problem solving and they bring real concerns to adults as needed. Teenagers go through difficult times trying to fit in and belong to a peer group. By identifying this process as a common and universal need through the interactive supportive programs, students are learning that they are not alone in this process of growing and finding themselves. These program initiatives have become the heart and soul of our school." She also found that Leadership Class participants had an average increase of .2 in their Ref # 2007 -JAGC-507 Contract -JAGC-MONR- - - Section #2 Page 2 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide accumulative grade point average via a sampling of student grades. A review of the 2002-03 School Environmental Safety I ncident Reports showed that CSHS overall incidents of anti social behavior had a decrease of 67%. Incidents of arrests for high school students dropped from 7.7 in 2001 to 6.9 in 2004 and incidents of attacks with intent to harm dropped from 12.3 in 2001 to 10.9 in 2004. We cooperate with numerous community agencies and civic clubs, including Rotary, Sheriff Dept, American Red Cross, Big Brothers Big Sisters, and 4H. Staff includes (not all funded by Byrne; some by other sources): Community Development Coordinator: will develop partnerships and build up the volunteer groups. This will be done by regular meetings for volunteers and email. Prevention Coordinator: oversees community projects, trainings and campaigns, done in conjunction with a school liaison and teacher. Admin. Asst.: will handle correspondence, financial management, policies and procedures, public relations, special projects, volunteer coordination program evaluations, data management. Challenge Day and Conflict Resolution training are planned for Prevention Coordinators and adult volunteers. Key Personnel are the Prevention Coordinators who coordinate the implementation and evaluation of all trainings and student planned events. They may also provide direct training to students, school faculty or staff and community volunteers. There is no project equipment. Project Location. Throughout Monroe County, public and private middle schools and youth providers. Project Activities/Administration Monroe Youth Challenge Program will offer the following activities: Motivational assemblies and speakers, Gateway Drug and Anti Bullying Trainings, Peer Education, School Clubs and Service Projects, and Natural Helpers Peer Assistance Program. One Contact hour with one student is the unit of measurement. This includes training, drug-free events, and service projects. The project will perform this activity weekly An average of 20 middle school youth will be involved per activity. Some will have fewer. Some, such as assemblies may have 300 students. MYCP will provide a minimum of 2000 defined units. This would reflect half of the middle schoolers in the county receiving 2 contact hours of anti drug, anti violence, or life skills 2007 -JAGC-507 Contract -JAGC-MONR- - - Section #2 Page 3 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide traini ng. Our target group is middle school age students of both sexes at all Monroe County schools. Participants will be selected by teachers, counselors, and administrators. The Prevention Coordinator will recruit additional at-risk students. Students who will be Natural Helpers are chosen by fellow students. The only criterion for participants to qualify for programs is that they be in middle school. Students with at-risk behaviors such as excessive referrals, absences, tardies, or poor academic performance will be specifically targeted. Project Results Measurement Florida Youth Survey reporting, Monroe County's Climate Survey, School incidence reports, School Environmental Safety Incident Reporting (SESIR). Successful Completions for Group Reduction of incidents of fighting, bullying and arrests in Middle School. Reduction of binge drinking and other alcohol related incidents. Successful Completions for Individuals Reduced number of discipline referrals, increased involvement in school and community activities and promotion to next grade. Improved knowledge and healthy attitudes toward Gateway drugs, in particular tobacco and alcohol, as measured by a Project Alert Survey. If a student attending one of our programs attempts to leave, we will assess the student and provide alternative assistance. Our most effective incentive for student participation is community sponsored awards as appropriate and community service hours that are added to the student's high school portfolio. Contract -JAGC-MONR- - - Application for Fundi ng Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: 04A - Community Crime Prevention Activity Description Community Service Children School District School, Middle Activity: Target Group: Geographic Location Type: Activity Description Community Leader Meetings Children School District School, Middle Activity: Target Group: Geographic Location Type: Activity Description Crime Prevention Education Children School District School, Middle Activity: Target Group: Geographic Location Type: Activity Description Drug Free Events Children School District School, Middle Activity: Target Group: Geographic Location Type: Activity Description Activity: Target Group: Geographic Location Type: Mentoring Children School District School, Middle Application Contract #3 Page 1 of 4 2007 -JAGC-507 -JAGC-MONR- - - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Activity: Target Group: Geographic Location Type: Address(es) : Activity Descri ption Recreation Program Children School District School, Middle Horace O'Bryant Middle School 1105 Leon Street Key West , FL 33040 Key Largo School 104801 Overseas Key Largo, FL 33037 Marathon Middle School 350 Sombrero Beach Blvd. Marathon, FL 33050 Monroe Youth Challenge 90-B Sombrero Road Marathon, FL 33050 Plantation Key School 100 Lake Road Tavernier, FL 33070 Stanley Switlik School 3400 Overseas Highway Marathon, FL 33050 Sugarloaf School 225 Crane Blvd. Sugarloaf Key, FL 33042 Objectives and Measures Objective 04A.01 - Provide a specified number of alternative drug-free events. [Alternative drug-free events would include any participatory event designed to strengthen the anti-drug message and/or anti-crime message.] Measure: Part 1 How many alternative drug free events will be conducted? Application Ref # Contract 2007 -JAGC-507 -JAGC-MONR- - Section #3 Page 2 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Objective 04A.02 - Present a specified number of crime and substance abuse prevention education classes. Measure: Part 1 How many crime prevention and substance abuse education classes will be presented? Goal: 40 Objective 04A.03 - Conduct a specified number of life skill development education classes. Measure: Part 1 How many life skill development education classes will be presented? Goal: 40 Objective 04A.05 - Conduct a specified number of meetings with community leaders for the purpose of identifying neighborhood problems/developing proposed solutions/support groups. Activities should be reported separately from Neighborhood Watch/Business Watch Programs. Measure: Part 1 How many meetings with community leaders for the purpose of identifying neighborhood problems and developing proposed solutions will be conducted? Goal: 12 Objective 04A.09 - Conduct a specified number of community service projects which may include neighborhood clean-up campaigns. Measure: Part 1 How many community service projects which may include neighborhood clean-up campaigns, will be conducted. Goal: 24 2007 -JAGC-507 Contract -JAGC-MONR- - - Section #3 Page 3 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Questions: Question: If "other" was selected for the geographic area, please describe. Answer: not applicable Question: If "other" was selected for location type, please describe. Answer: not applicable Application Contract 2007 -JAGC-507 -JAGC-MONR- #3 Page 4 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info: Note: of I financial remittances Subgrantee Organization. I be sent to the Chief Financial Officer Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS I Vendor Number: 59-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $30,000.00 $0.00 $30,000.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 - Totals -- $30,000.00 $0.00 $30,000.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) No Application Ref # Contract 2007 -JAGC-507 -JAGC-MONR- - - Section #4 Page 1 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: Contractual Services $30,000.00 4-5 Prevention Coordinators $20,000.00 Training and Materials: $5,000.00 * includes prevention materials * Prevention Coordinators and student leaders quarterly training. Includes registration fees and per diem rates for food, travel and lodging Professional Fees: $5,000.00 Anti-drug/alcohol and anti-violence interactive programs hosted by the non-profit organization Challenge Day which is under contract with Monroe County, are delivered to every middle school aged student in the county, including those in private, charter, and home schools. These participatory programs include both group and individual activities. Subjects addressed include but not limited to; peer pressure, bullying, drug and alcohol abuse, conflict resolution, and decision- making. Section #4 Page 2 of 3 Contract 2007 -JAGC-MONR-1-P3-069 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: Indicate the Operating Capital Outlay threshold established by the subgrantee. Answer: 750 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: No Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: not applicable Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: not applicable Application Ref # Contract 2007 -JAGC-507 2007 -JAGC-MONR-1-P3-069 Section #4 Page 3 of 3 Edward Memorial Justice Assistance Grant 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 and Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug-free Workplace. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP 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-11 0, or OMB Circular A-1 02, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports - JAG Countywide Only (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, by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. 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 both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. SFY 2007 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Financial Reports (1) Project Expenditure Reports (a) The JAG Countywide subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure Reports (1-3) 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. (b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for the entire subgrant period. (c) 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 (OCGJ). (d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (e) 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. (f) Reports are to be submitted even when no reimbursement is being requested. (2) The Closeout Documentation shall be submitted to the Department within forty-five (45) days of the subgrant termination period. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (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 OJP Financial Guide (as amended), U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-11 0, or A-1 02 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. SFY 2007 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 a. JAG Countywide - Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department. This request, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. b. JAG Direct - The Department shall award program funds to the recipient in a single, lump sum payment. 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. 9. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. c. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. d. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). SFY 2007 Page 3 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their 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 OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. 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 OJP 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 OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110 or A-102, as applicable. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 16. Audit 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 SFY 2007 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 Sections 11.45 and 215.97, Florida Statutes, and Chapters 10,550 and 10.600, Rules of the Florida Auditor General. 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 and will be returned to the subgrant recipient. 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 OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability 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. SFY 2007 Page 5 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement 18. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to the Department indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to the Department, again explaining the reason for delay and request another revised project starting date. 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 amendment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; SFY 2007 Page 6 Edward Memorial Justice Assistance Grant Florida Department Law Enforcement b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. 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 Chapter 120, Florida Statutes, 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 Chapter 120, Florida Statutes. 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 privilege 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 OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments. 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 Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 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. SFY 2007 Page 7 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement 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 Subgrantee 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 Chapter 435, Florida Statutes 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 Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. 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 SFY 2007 Page 8 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement 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. A Drug Court Project funded by the JAG Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 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 a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 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 OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification mu st be submitted at the time of grant application. SFY 2007 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). . c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. 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 Subgrantees 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 em ploys 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. SFY 2007 Page 10 Edward Memorial Justice Assistance Grant Florida Department of Law 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDlE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. 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 subgrantee 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 1 OO-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. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ 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 (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). 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. 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; or federal loan of $150,000 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 Section 1352, Title 31, United States Code. 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. The undersigned certifies, to the best of his or her knowledge and belief, that: SFY 2007 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbvinq Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant 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 OJP. 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 subgrantee 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 subgrantee 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 SFY 2007 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental im pacts 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 subgrantee 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 subgrantee 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 subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. SFY 2007 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 43. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 44. The Coastal Barrier Resources Act The subgrantee 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 subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrantee will comply with Section 1 02(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 The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 use 569a-1 et seq.) by (a) consulting SFY 2007 Page 14 Edward with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 49. Omnibus Crime Control and Safe Streets Act The subgrantee 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. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. 51. 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. 52. Global Justice Data Model Specifications To support public safety and justice information sharing, OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction al schemas (extensions, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.it.ojp.qov/qjxdm. 53. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 54. Privacy Ceritification The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable to collection, use, and revelation of data or information and that are in accordance with requirements of Confidentiality of Identifiable Research and Statistical Information (28 C.F.R. Part 22 and, in particular, section 22.23, Privacy Certification). SFY 2007 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement If an award is made for a project which has a research or statistical component under which information identifiable to a private person will be collected, the subgrant recipient agrees to: 1. Project plans will be designed to preserve anonymity of private persons to whom information relates, including, where appropriate, name-stripping, coding of data, or other similar procedures. 2. Project findings and reports prepared for dissemination will not contain information which can reasonably be expected to be identifiable to a private person. 3. A log will be maintained indicating that identifiable data have been transmitted to persons other than BJA, OJJDP, BJS, NIJ, or OJP or grantee/contractor staff or subcontractors, that such data have been returned, or that alternative arrangements have been agreed upon for future maintenance of such data. 4. A description of the project containing assurance by the applicant that (1) Data identifiable to a private person will not be used or revealed. (2) Access to data will be limited to those employees having a need and that such persons shall be advised of and agree in writing to comply with these regulations. (3) All subcontracts which require access to identifiable data will contain conditions meeting the requirements. 5. Any private persons from whom identifiable data are collected or obtained, either orally or by means of written questionnaire, shall be advised that the data will only be used or revealed for research or statistical purposes and that com pliance with requests for information is not mandatory. Where the notification requirement is to be waived, a justification must be included in the Privacy Certificate. 6. Describe the precautions that will be taken to insure administrative and physical security of identifiable data. SFY 2007 Page 16 CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) (Select one of the following): ~Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): ~Has a Current EEO Plan _Does Not Have a Current EEO Plan Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for deral assistance is approved or face loss of federal funds. Title: County Administrator Subgrant Recipient Monroe County Board of County Commissioners Date: June 29, 2006 FDLE JAG Grant Application Package EEO Certification Page 2 of 2 (April 2005) CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program IMPLEMENTING AGENCY CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that this Implementing Agency. . . (Select one of the following): XX Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency. . . (Se/ect one of the following): XX Has a Current EEO Plan Does Not Have a Current EEO Plan Is Included in the EEO Plan of the Subgrant Recipient. Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant apPIi~der 5sistance is approved or face loss of federal funds. Signature of Implementing Agency Authl7zed Official Type Name: Thomas J. Willi Name of Subgrant Recipient: Monroe County Board of County Commissioners Name of Implementing Agency: Monroe County Board of County Commissioners Title: County Administrator Date: June 29, 2006 FDLE JAG Grant Application Package EEO Certification Page 2 of 2 (April 2005) DANNY L. KOLIIAGE CLERK OF THE CIRCUIT COURT RECt\\lED DATE: June 29, 2006 JUL 1 0 2006 Off\Ct Of pJJ(iS CNWUMN.. JUS1\Cc G TO: Salvatore Zappulla, Director Office of Management & Budget JUN2 .f1 LuuJ t 6M~ A TTN: FROjl,f: Dave Owens Grants Management Pamela G. Ham:~ Deputy Clerk 0 At the June 21, 2006, Board of County Commissioner's meeting the Board adopted Resolution No. 234 authorizing the submission of a Grant Application to the Florida Department of Law Enforcement for the Fiscal Year 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Enclosed is a certified copy of the subject Resolution for your handling. Should you have any questions please feel free to contact our office. cc: County Attorney Finance File RESOLUTION NO. 234 - 2006 Budget and Finance A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FISCAL YEAR 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM rFWVED WHEREAS, the Florida Department of Law Enforcement has announC;~Q~he Fiscal Year 2007 funding cycle of the Edward Byrne Memorial Justic}bjAs1i~cfH~g Grant (JAG) Program; and f'j ,'. OF Of lit CRIMINAl. JUSTICE GRANTS WHEREAS, on May 16,2006, the Monroe County Board of Commissioners agreed to seNe as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $89,801.00 with an additional $29,934.00 cash match requirement (total of $119,735.00); and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. The County Administrator is hereby authorized to sign and submit the application packet for the Fiscal Year 2007 grant funds to the Florida Department of Law Enforcement Edward Byrne Memorial Justice Assista~e Grant (JAG) Program; and that ~ ~ ~ 3. This resolution shall become effective immediately upon adoptioeb~e 2: Board of County Commissioners and execution by the Presiding~oor afit:I <J r'- N Clerk. en. \.0 c:;:O:A :::::. '~l ~ PASSED AND ADOPTED by the Board of County Commissioners of Monr~un~ Florida, at a regular meeting of said Board held on the 21 5t day of June, A.~, .zG:06. .. i'1 .::- ' ~ \.0 Mayor McCoy Yes Mayor Pro Tem Spehar Yes Commissioner Neugent Yes Commissioner Rice Yes Commissioner Patton Yes "Tl ,-- ,,, o -" :::::> :::0 :::0 r'll L) C) ::0 ;::J .(Seal) . ~ ^ticstC7~ 0' A3N8011.V AlNno:)a~t1ifS€Ourt 1388'10 'M 3N3311l.'t'N Monroe County B a of Commissioners yor By: :~l::l0.:l 01 S'i a3^0l::ldd't' A3Nl::l011.'i Al.NnOO 30l::lNO~ MONROE COUNTY ATTORNEY APPROVED AS T~ F~M: -/la...;;{;;d_ ~ '-7/ Y AAA..tJ ;' , RECEIVED RESOLUTION NO. 392_ 2005 JUL 1 0 Z006 OffiCE OF CRIMIHALJUSTlCE GRANTS RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ELECTING A MAYOR/CHAIRPERSON AND MAYOR PRO TEM WHEREAS, it has become necessary for the members of the Board of County Commissioners of Monroe County, Florida, to elect a Mayor/Chairperson and Mayor Pro Tern for said Board; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. That Commissioner Charles "Sonny" McCoy is hereby designated Mayor/Chairman of the Board of County Commissioners of Monroe County, Florida. Section 2. That Commissioner Murray E. Nelson is hereby designated Mayor Pro Tern of the Board of County Commissioners of Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of November, 2005. " 'I, . \ ~. :I: 0 g p ;0 Z onz rrl ~ -< n. r- oo' ~?J~ -0 -in :z: ~(~~ " c:;- ~ ~ Pl . en BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ;(~J~ >n ~~ Yes Yes Yes Yes Yes ~ c::> c::> C7' .." IT1 CO I 0"\ .." r- (71 o .." o ::0 :::0 ;''1 CJ a ::0 o Mayor Spehar Mayor Pro Tern McCoy Commissioner Nelson . . C.~missioner Neugent " C6lntnissioner Rice . ,\'\ ':'.,'>""', . . .~ '. '\.<..__........~-..-.: .., ~: i I " ":""',. \'\..-,:"" ,. ..... .~: . ~S.RAf.t .'~..,..'/ \:~~:.p~L. KOLHAGE, Clerk BCf~ DeputY Clerk By Mayor/Chairperson 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 Signature: &<<tt: ~."~~l <1 'l> aV!(in !ML ~j'!i!~Qllr;~~wwm:ni;~~f!~~g~i Typed Name and q-/~-j)r, Date Typed Name of Subgrant Thomas J. Willi, County Commissioners Signature: Typed Name and Administrator Date June 2 Typed Name of Implementing Signature: Typed Name and /"J '7 Thomas J. Willi, Cpunty Administrator Date June 29, 2006 Application R Contract -JAGC-MONR- - _ Section #6 Page 1 of MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Law Enforcement Effective Date: 10/01/06 Expiration Date: 9/30/07 Contract PurposelDescription: Funds provided through FDLE Agreement for implementation of the Family Treatment Drug Court Program as part of Monroe County's FY07 Edward Byrne Memorial Justice Assistance Grant Program Contract Manager: David P. Owens (Name) 4482 (Ext. ) OMB/Grants Mgt. (Department) for BOCC meeting on 10/18106 Agenda Deadline: 10103/06 CONTRACT COSTS Total Dollar Value of Contract: $49,735.00 Current Year Portion: $49,735.00 Budgeted? Yes X No Account Codes: 125-06026-530490-GG071yf- XXXXX Grant: $37,301.00 ,. County Match: $12,434.00 Estimated Ongoing Costs: $2857.00 Not included in dollar value above ADDITIONAL COSTS For: Staff support-filing reports, oversight (e.g. Maintenance, utilities, 'anitorial, salaries, etc.) CONTRACT REVIEW Risk Managerne~t~"" ~:\ QJ; O.M.B./Pur~as~g Changes Date In Needed YesD NoD YesD No~ / 11- YesD No[1(' Date Out County Attorney Division Director YesD No Comments: OMB Form Revised 9/11/95 MCP #2 FDLE Florida Department of Law Enforcement Office of Criminal Justice Grants Gerald M. Bailey Commissioner Mailing Address: Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SEP - The Honorable Charles McCoy Mayor Monroe County Board of Commissioners 530 Whitehead Street Key West, FL 33040 Re: Contract No. 2007-JAGC-MONR-2-P3-068 Dear Mayor McCoy: 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 $ 37,301.00 for the project entitled, FAMILY TREATMENT DRUG COURT III. 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. These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service. Integrity. Respect. Quality The Honorable Charles McCoy Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at 850/410-8700. Sincerely, 0h1~w.~ Clayto~ H. Wilder Administrator CHW/JP/jj Enclosures 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 2007 -JAGC-MONR-2-P3-068, in the amount of $ 37,301.00, for a project entitled, FAMILY TREATMENT DRUG COURT III, for the period of 10/01/2006 through 09/30/2007, 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) MONROE COUNTY ATTO PROVED AS TO State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: S EP - 1 Grant Period: From: 10/01/2006 TO: 09/30/2007 Project Title: FAMILY TREATMENT DRUG COURT III Grant Number: 2007 -JAGC-MONR-2-P3-068 Federal Funds: $ 37,301.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 37,301.00 State Purpose Area: 013: Offender Community Treatment (13A-State; 13B-Local, 13C-Juvenile Assessment Center; 13D-Drug Court) Objectives and Questions are the same for each of the above, sub-areas specify where services are provided. 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 10, Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars A-11 0 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. 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. C2-Q~-k ~. Authorized fflclal Clayton H. Wilder Administrator . LA)..{ ffi~ 9 -/-0 (p Date ( ) This award is subject to special conditions (attached). A. ,Aication for Funding Assista. ...;e Florida Department of Law Enforcement Justice Assistance Grant - County-wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe FEID OR SAMAS: 59-6000749 Chief Official Name: Charles McCoy Title: Mayor Address: 530 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3430 Ext: Fax: 305-292-3577 Suncom: Email: boccdis3@monroecounty-f1.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Email: dkolhage@monroe-clerk.com Application Ref # Contract 2007 -JAGC-495 2007 -JAGC-MON R-2-P3-068 Section #1 Page 1 of 2 A. _ Jlication for Fundi ng Assistc. .;e Florida Department of Law Enforcement Justice Assistance Grant - County-wide Implementing Agency Organization Name: County: FEID OR SAMAS: Monroe County Board of Commissioners Monroe 59-6000749 Chief Official Name: Charles McCoy Title: Mayor Address: 530 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3430 Ext: Fax: 305-292-3577 Suncom: Email: boccdis3@monroecounty-f1.gov Project Director Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: owens-david@monroecounty-f1.gov Application Ref # 2007-JAGC-495 Contract 2007-JAGC-MONR-2-P3-068 Section #1 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Project Information Project Title: FAMILY TREATMENT DRUG COURT III Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2006 End Date: 9/30/2007 Problem Identification This program addresses the outpatient substance abuse treatment needs of domestic abuse offenders. Either substance abuse or child abuse/neglect has a devastating effect on families and the combination of the two can be overwhelming. The whole family feels the effects of the offender's substance abuse problem, physically, mentally, and economically. Children being removed from their home or living with that possibility is both frightening and threatening to adults and children alike. The demand for outpatient substance abuse treatment in Monroe County far exceeds the county's capacity. The Florida Department of Children & Families (DCF) indicates that there are about 864 reports of abuse and neglect per year in Monroe County. DCF estimates that 75% of the reports have substance abuse involvement. Of the number of reports made, about 143 cases are filed in Dependency Court each year. An estimated 205 children in the state of Florida die each year as a result of child abuse. The intent of the Dependency Law, as outlined in Florida Statute 39.001, is to provide for the care, safety, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development. Although logically, a very important component of a healthy home environment would be non-abusing parents, there has been no program which addresses this important issue and no identified funding sources. Monroe County is, by definition, a small rural county with all the typical problems of small rural counties including lack of treatment facilities and problems with transportation. It is common for someone to be referred for services to an agency whose nearest facility is fifteen to twenty miles from their home. It is common for many of the families involved to have no or unreliable transportation and there is no intercity mass transit. It is common for those supporting families to work two or three jobs to make ends meet in this, the most expensive county in the state of Florida. Project Summary The Care Center for Mental Health will provide a Drug Court model of substance abuse treatment services for identified clients of the Department of Children and Families who are involved both with dependency cases and the drug courts in the Middle and Upper Keys. The Family Treatment Drug Court Program will supply a qualified therapist, headquartered and supervised at the Care Center of the Upper Keys, to provide services from Big Pine Key to Key Largo. What makes this program work, and what makes it unique, is that some of the program components will be provided for the participants at their home or within their own Application Ref # Contract 2007 -JAGC-495 -JAGC-MONR- -- Section #2 Page 1 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide community. The Family Treatment Drug Court therapist will provide comprehensive intervention and treatment services on-site at the homes involved, at schools, at daycare centers and in any other necessary location. Services are offered through a variety of educational outpatient treatment modalities. All clients will continue to fulfill the requirements of any Drug Court involved client, i.e. individual counseling, group counseling, regular urine assessments, and Twelve Step meetings but the monitoring and accountability will be with the Family Treatment Drug Court Counselor instead of the regular Drug Court counselor. In addition, such services as comprehensive case management, family counseling, child counseling and vocational guidance will be offered. The program's goal is to provide services to an ongoing case load of 20 child abuse offenders who also have a substance abuse problem. It is expected that 12 (60%) of the program participants will complete the prescribed treatment regime of one year's duration. The Family Treatment Drug Court Program supports the risk and protective theory of substance abuse and the bio-psychosocial model of addiction. Each individual is exposed to risk and protective factors for substance abuse within the domains of individual, family, peer, school, community and society. Substance abuse and dependency occurs through the complex interaction of biological (genetics, changes in brain chemistry), psychological (beliefs, values, cognition), and sociological (drug availability, social and cultural norms) factors. The ultimate goal of services is the prevention, reduction or elimination of the negative effects of alcohol and other drugs and the amelioration of any associated problems. The Family Treatment Drug Court Program supports a philosophy of research driven and evidence -based prevention, intervention and treatment protocols. Prevention services strive to decrease risk and strengthen protective factors. Treatment services focus upon client strengths and the appropriate use of clinical techniques to move clients through the treatment process in a supportive, motivational, and progressive manner towards positive outcomes. Services are organized consistent with a stage-based model of prevention, outreach and referral, clinical evaluation, treatment delivery and transitional care. Clients are treated in the least restrictive environment. Treatment planning is based on the outcome of the evaluation, builds upon client strengths and addresses engagement, early recovery and continuing care issues. Treatment services utilize evidence-based practices that address substance abuse, mental health and related issues in an integrated manner. Services are designed to be culturally appropriate. Continuing care integrates relapse prevention, individual counseling as needed, support groups, employment/education guidance and strengthening of relationships with family and friends. All clinical services are provided with the intent of engaging clients early. Client and counselor attributes, skills, and program characteristics are assessed on an on-going basis. Admission to treatment is based on urinalysis results and a psychosocial assessment, which addresses the drug and alcohol patterns, family, medical, educational, vocational, legal, environmental and mental status of the client. Information from other sources (i.e., family, other treatment centers, probation officers, etc.), is obtained when appropriate. Clients will be treated in the most appropriate, least restrictive setting. We consider the severity of abuse and dependence, medical needs, prior treatment and outcomes, life Application Ref # 2007 -JAGC-495 Contract -JAGC-MONR- - Section #2 Page 2 of 3 Application for Fundi ng Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide skills (education, vocational, etc.) and external support systems. Clients in need of immediate medical treatment for dependence will be referred to an appropriate medical provider. Medical histories will be completed on all clients, and they will be referred for medical follow-up when appropriate. Clients at immediate risk of suicide or homicide or needing psychiatric care will be referred to the area Crisis Stabilization Unit. Clients in need of other services beyond the scope of the program will be referred appropriately. A variety of community resources exists, and referral handbooks are available to our clients. Referrals will be documented in the clinical record and follow-up information obtained. Treatment plans will be individualized and developed with the client. The plan will be updated at least monthly. Intervention strategies will include individual, group, and family therapy in addition to on going urinalysis and monthly Drug Court Status Hearing attendance. The program is designed to last about 12 months. All clinical services are conducted under the supervision of a qualified supervisor. Supervisors will provide consultation, clinical supervision, and review of work performance and record reviews. In addition, all psychosocial assessments and treatment plans are reviewed and co-signed by a credentialed addiction professional. The program conducts quality improvement reviews of care quarterly. Step by step process of the drug court. (1 )-Case identified by Department of Children and Families, referral made for Drug Court assessment by DC&F or Judge. (2)-Assessment conducted by Drug Court by qualified professional (3)-lf client meets treatment eligibility criteria per SASSI, DSM IV, urinalysis results, a recommendation for placement is made and Judge places the client in the program. Clients in the program have been charged with child neglect or other charges in which substance abuse has been identified by DC&F counselors as an issue, as well as possession of controlled substances. Clients appear before the judge monthly, attend group therapy weekly and individual therapy as designated by phase of treatment the client is in. Frequency of family sessions is determined in the case plan. 2007 -JAGC-495 Contract -JAGC-MONR- -- Section #2 Page 3 of 3 Application forFunding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 005 - Drug Treatment Programs State Purpose Area: 013 - Offender Community Treatment (13A-State; 13B-Local, 13C-Juvenile Assessment Center; 13D-Drug Court) Objectives and Questions are the same for each of the above, sub- areas specify where services are provided. Activity Description Activity: Target Group: Geographic Location Type: Address(es) : Assessment Drug Offenders County-Wide Other Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Target Group: Geographic Location Type: Address(es) : Drug Court Drug Offenders County-Wide Other Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Outpatient Drug Treatment Drug Offenders County-Wide Other Activity: Target Group: Geographic Location Type: Section #3 Page 1 of 7 Contract 2007-JAGC-MONR-2-P3- Application for Fundi ng Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Target Group: Geographic Location Type: Address(es) : Drug Testing Drug Offenders County-Wide Other Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Activity: Target Group: Geographic Location Type: Address(es) : Referrals Drug Offenders County-Wide Other Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Alcohol Testing Drug Offenders County-Wide Other Activity: Target Group: Geographic Location Type: Address(es) : Section #3 Page 2 of 7 Contract 2007 -JAGC-MONR-2-P3- Application for Fundi ng Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Domestic Violence Training Drug Offenders County-Wide Other Activity: Target Group: Geographic Location Type: Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Family Therapy Drug Offenders County-Wide Other Activity: Target Group: Geographic Location Type: Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description Substance Abuse Treatment Drug Offenders County-Wide Other Activity: Target Group: Geographic Location Type: Address(es) : Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Section #3 Page 3 of 7 2007 -JAGC-495 Contract 2007 -JAGC-MONR-2-P3- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Objectives and Measures Objective 013.01 - Provide treatment services through various treatment modalities to a specified number of individuals. Measure: Part 2 How many clients will be provided INTERVENTION services? Goal: 17 Measure: Part 3 How many clients will be provided OUTPATIENT services? Goal: 17 Objective 013.02 - Provide an array of treatment services. Measure: Part 1 Will most clients be provided psychosocial assessments? Goal: Yes Measure: Part 3 Will most clients be provided urinalysis? Goal: Yes Measure: Part 4 Will most clients be provided case management services? Goal: Yes Measure: Part 5 Will most clients be provided counseling services? Goal: Yes Objective 013.03 - Assist a specified number of clients to successfully complete their treatment plan. Measure: Part 2 How many INTERVENTION clients will successfully COMPLETE their treatment? Goal: 17 Measure: Part 3 2007 -JAGC-495 Contract 2007-JAGC-MONR-2-P3- Section #3 Page 4 of 7 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide How many OUTPATIENT clients will successfully COMPLETE their treatment? Goal: 17 Objective 013.04 - Establish or support a drug court program. Measure: Part 1 Will there be continued judicial supervision over offenders with substance abuse problems who are not violent offenders? Goal: Yes Measure: Part 2 Will there be mandatory periodic testing of each offender for the use of controlled substances or other addictive substances during any period of supervised release or probation? Goal: Yes Measure: Part 3 Will there be substance abuse treatment for each participant; probation or other supervised release involving the prosecution? Goal: Yes Measure: Part 4 Will there be confinement, or incarceration because of noncompliance with program requirements or failure to show satisfactory progress? Goal: Yes Objective 013.05 - Serve a specified number of participants in a drug court program. Measure: Part 1 How many participants will there be in a drug court program? Goal: 17 Objective 013.06 - Determine a specified number of participants who will successfully graduate from participation in a drug court program. Measure: Part 1 How many drug court participants will successfully graduate from the program? Goal: 10 Section #3 Page 5 of 7 Contract 2007 -JAGC-MONR-2-P3- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 2007 -JAGC-495 Contract 2007-JAGC-MONR-2-P3- Section #3 Page 6 of 7 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: Question: If "other" was selected for location type, please describe. Answer: The location is a mental health care center located in Tavernier, Florida. Application Ref # Contract 2007 -JAGC-495 2007 -JAGC-MONR-2-P3- Section #3 Page 7 of 7 Application for Fundi ng Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info: Note: All financial remittances will the Subgrantee Organization. sent to the Chief Financial Officer Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS / Vendor Number: 59-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $37,301.00 $0.00 $37,301.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 - Totals -- $37,301.00 $0.00 $37,301.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) No Ref # 2007 -JAGC-495 Contract -JAGC-MONR- - - Section #4 Page 1 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: Contractual Services: 37,301.00 Salaries and Benefits: Substance Abuse Counselor 18,000 FICA 1,377 Health Insurance 2,652 Subtotal Counselor 22,029 Clinical Director 10,000 FICA 765 Health Insurance 663 Subtotal Clinical Director 11 ,428 Total Salaries and Benefits 33,457 Expenses: Travel between base in Marathon, office in Tavernier, and main office in Key West paid in accordance with Fla. Statute 112.061 1,300 Operating supplies, such as workbooks and videos 2,200 Office supplies Total Expenses 344 3,844 Total budget: $37,301 Purchasing methods to be used will conform to existing Federal, State, and Local laws and regulations. Monroe County will contract with the Care Center for Mental Health for this project. Application Ref # Contract 2007 -JAGC-495 2007 -JAGC-MONR-2-P3- Section #4 Page 2 of 3 Application for Fundi ng Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: Indicate the Operating Capital Outlay threshold established by the subgrantee. Answer: 750 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 indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: not applicable Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: not applicable Ref # Section #4 Page 3 of 3 Contract -JAGC-MONR-- Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement 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 and Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug-free Workplace. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP 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-11 0, or OMB Circular A-1 02, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports - JAG Countywide Only (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, by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. 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 both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. SFY 2007 Page 1 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement b. Financial Reports (1) Project Expenditure Reports (a) The JAG Countywide subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure Reports (1-3) 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. (b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for the entire subgrant period. (c) 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 (OCGJ). (d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (e) 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. (f) Reports are to be submitted even when no reimbursement is being requested. (2) The Closeout Documentation shall be submitted to the Department within forty-five (45) days of the subgrant termination period. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (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 OJP Financial Guide (as amended), U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMS) 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. SFY 2007 Page 2 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement 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 a. JAG Countywide - Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181 (16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department. This request, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. b. JAG Direct - The Department shall award program funds to the recipient in a single, lump sum payment. 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. 9. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. c. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. d. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). SFY 2007 Page 3 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their 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 OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes, The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. 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 OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-11 0 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 OJP 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 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 one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 16. Audit 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 perform ed in accordance with the federal OMB Circular A-133 and other applicable federal law, The SFY 2007 Page 4 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement 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 Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. 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 and will be returned to the subgrant recipient. 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 OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exem ption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability 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. SFY 2007 Page 5 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement 18. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to the Department indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to the Department, again explaining the reason for delay and request another revised project starting date. 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 amendment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; SFY 2007 Page 6 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. 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 Chapter 120, Florida Statutes, 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 Chapter 120, Florida Statutes. 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 privilege 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 OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the sub grant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 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. SFY 2007 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 Subgrantee 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 Chapter 435, Florida Statutes 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 Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. 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 SFY 2007 Page 8 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement 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. A Drug Court Project funded by the JAG Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 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 a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968,42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 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 OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. SFY 2007 Page 9 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. 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 Subgrantees 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 em ploys 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. SFY 2007 Page 10 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. 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 subgrantee 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 1 OO-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. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ 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 (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). 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. 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; or federal loan of $150,000 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 Section 1352, Title 31, United States Code. 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. The undersigned certifies, to the best of his or her knowledge and belief, that: SFY 2007 Page 11 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbyinq Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant 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 OJP. 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 subgrantee 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 subgrantee 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 SFY 2007 Page 12 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental im pacts 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 subgrantee 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 subgrantee 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 subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. SFY 2007 Page 13 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement 43. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 44. The Coastal Barrier Resources Act The subgrantee 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 subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrantee will comply with Section 1 02(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 The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting SFY 2007 Page 14 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 49. Omnibus Crime Control and Safe Streets Act The subgrantee 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. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. 51. 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. 52. Global Justice Data Model Specifications To support public safety and justice information sharing, OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction al schemas (extensions, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.it.ojp.qov/qjxdm. 53. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 54. Privacy Ceritification The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable to collection, use, and revelation of data or information and that are in accordance with requirements of Confidentiality of Identifiable Research and Statistical Information (28 C.F.R. Part 22 and, in particular, section 22.23, Privacy Certification). SFY 2007 Page 15 Edward Memorial Justice Assistance Grant Florida Department of Law Enforcement If an award is made for a project which has a research or statistical component under which information identifiable to a private person will be collected, the subgrant recipient agrees to: 1. Project plans will be designed to preserve anonymity of private persons to whom information relates, including, where appropriate, name-stripping, coding of data, or other similar procedures. 2. Project findings and reports prepared for dissemination will not contain information which can reasonably be expected to be identifiable to a private person. 3. A log will be maintained indicating that identifiable data have been transmitted to persons other than BJA, OJJDP, BJS, NIJ, or OJP or grantee/contractor staff or subcontractors, that such data have been returned, or that alternative arrangements have been agreed upon for future maintenance of such data. 4. A description of the project containing assurance by the applicant that: (1) Data identifiable to a private person will not be used or revealed. (2) Access to data will be limited to those employees having a need and that such persons shall be advised of and agree in writing to comply with these regulations. (3) All subcontracts which require access to identifiable data will contain conditions meeting the requirements. 5. Any private persons from whom identifiable data are collected or obtained, either orally or by means of written questionnaire, shall be advised that the data will only be used or revealed for research or statistical purposes and that compliance with requests for information is not mandatory. Where the notification requirement is to be waived, a justification must be included in the Privacy Certificate. 6. Describe the precautions that will be taken to insure administrative and physical security of identifiable data. SFY 2007 Page 16 CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) (Select one of the following): XX Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): ~Has a Current EEO Plan Does Not Have a Current EEO Plan Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to form ie, implement, and maintain such a Plan within 120 days after a subgrant application for fe ral ssistance is approved or face loss of federal funds. fi L-'/ ""'-- Type Name: Thomas J. Willi Title: County Administrator Subgrant Recipient: Monroe County Board of County Commissioners Date: June 29, 2006 FDLE JAG Grant Application Package EEO Certification Page 2 of 2 (April 2005) CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program IMPLEMENTING AGENCY CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that this Implementing Agency.. .(Selectone of the following): XX Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency. . . (Select one of the following): ~Has a Current EEO Plan Does Not Have a Current EEO Plan Is Included in the EEO Plan of the Subgrant Recipient. Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Type Name: Name of Subgrant Recipient Monroe County Board of County Commissioners Name of Implementing Agency: Monroe County Board of County Commissioners Title: County Administrator Date: June 29, 2006 POLE JAG Grant Application Package EEO Certification Page 2 of 2 (April 2005) DA1V1VY L. KOLHAGE CLERK OF THE CIRCUIT COURT RECE\\lED DATE: June 29, 2006 JUl 1 0 2006 Of~l~~t sAANTS croM\MN. Ju;) 11 TO: Salvatore Zappulla, Director Office of Nlanagement & Budget JU~I 29 LUuJ I 6M~ A Tnv: Dave Owens Grants Management Pamela G. Hanfla Deputy Clerk 0 FROj~l: At the June 21, 2006, Board of County Commissioner's meeting the Board adopted Resolution No. 234 authorizing the submission of a Grant Application to the Florida Department of Law Enforcement for the Fiscal Year 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Enclosed is a certified copy of the subject Resolution for your handling. Should you have any questions please feel free to contact our office. cc: County Attorney Finance File RESOLUTION NO. 234 - 2006 Budget and Finance A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FISCAL YEAR 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM rFOOVEO WHEREAS, the Florida Department of Law Enforcement has announG)~q~he Fiscal Year 2007 funding cycle of the Edward Byrne Memorial Justic~JAs1iRtcfH~g Grant (JAG) Program; and OHlt;E OF CRIMINAl. JUSTICE GRANTS WHEREAS, on May 16,2006, the Monroe County Board of Commissioners agreed to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $89,801.00 with an additional $29,934.00 cash match requirement (total of $119,735.00); and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. The County Administrator is hereby authorized to sign and submit the application packet for the Fiscal Year 2007 grant funds to the Florida Department of Law Enforcement Edward Byrne Memorial Justice AssistaAl>e Grant (JAG) Program; and that ~ ~ ~ 3. This resolution shall become effective immediately upon adoptiot!b~e e Board of County Commissioners and execution by the Presiding~eer af\tf () r'- N Clerk. o~. '-0 c--" ::: ::0 c::~ ." ,'- ;"11 CJ -,., ::::> ";0 :::0 1-:"\ C) Co) ::0 CJ J:;lIIl PASSED AND ADOPTED by the Board of County Commissioners of Monr~un~ Florida, at a regular meeting of said Board held on the 21 st day of June, A.~, 2gp6. .. , )> ", .:::- . "" Mayor McCoy Yes Mayor Pro Tem Spehar Yes Commissioner Neugent Yes Commissioner Rice Yes Commissioner Patton Yes '., . (Seal) ~ .............. ~~ ^ttCCI~ / .\ a A3Nl:WHV ^lNno~a~~~ourt 13SSV:J 'M 3N33111'lN Monroe County B a of Commissioners yor By: :l"ll:m::l 0.1 SV 03^Ot:iddV A3Nl:J0.1l.V Al.NnO:J 301:JNOVi MONROE COUNTY ATTORNEY APPROVED AS T~ F~M: -/Jcdhfl_ , s-/ Y /?AA.f} / J RECEIVED RESOLUTION NO. 392_ 2005 JUL 1 0 Z006 OffiCE Of CRlMINM. JUSTICE GRANTS RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ELECTING A MAYOR/CHAIRPERSON AND MAYOR PRO TEM WHEREAS, it has become necessary for the members of the Board of County Commissioners of Monroe County, Florida, to elect a Mayor/Chairperson and Mayor Pro Tern for said Board; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNfY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. That Commissioner Charles "Sonny" McCoy is hereby designated Mayor/Chairman of the Board of County Commissioners of Monroe County, Florida. Section 2. That Commissioner Murray E. Nelson is hereby designated Mayor Pro Tern of the Board of County Commissioners of Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of November, 2005. Mayor Spehar Mayor Pro Tern McCoy Commissioner Nelson c:.o,mmissioner Neugent . o' Co-tnlnissioner Rice 3: 0 g }> ::o......z Q"'''Z m;-< ("). I O~:.... ~?J-" -0 :! () o~ :x .. ... :--i ::-- ""T1 ~: Y? ~ rr~ . U1 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ,,(~J~ >n ~~ By Yes Yes --- Yes Yes Yes r>o.:) ~ ~ CI'" ." rrr 1:0 I 0"\ ., r- ill CJ " o ::0 ::0 ;'11 C) o ::0 o . " ., ,,1. '. ." . '~ \.> >.-.: .,".' -., . . . '. '\. '\.;~-... " '" .' ' .~ ':l I , :'" \. V'" '. .~.' CS,~J~. / >~:'p~L. KOLHAGE, Clerk B(j~ Deputy Clerk Mayor/Chairperson 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 Signature: Qp ~;; ~ ~: ~~""hlIr ;/,ll1 O~l'",,, "~r,, ',,3c.JL,_ d Typed Name and Date q -J-o 10 Typed Name of Subgrant {(ard of County Commissioners Signature: Typed Name and ,J Thomas J. Willi, County Administrator Date June 29 Typed Name of Implementing Typed Name and Monroe Coun~y Bo~rd of Co;.unty c_/z ,1' -- v / J. Willi, cou~ Administrator Commissioners Signature: Thomas Date June 29, 2006 Rf Contract -JAGC-MONR- - _ Section 1 of 1 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Law Enforcement Effective Date: 10/01/06 Expiration Date: 9/30/07 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Boys and Girls Club S,M.A.R.T. Gang Prevention program as part of Monroe County's FY07 Edward Byrne Memorial Justice Assistance Grant Program Contract Manager: David P. Owens (Name) 4482 (Ext.) OMB/Grants Mgt. (Department) for BOCC meetinQ on 10/18/06 AQenda Deadline: 10/03/06 CONTRACT COSTS Total Dollar Value of Contract: $30,000.00 Current Year Portion: $30,000.00 Budgeted? Yes X No Account Codes: 125-06018-530490-GG071 O-XXXXXX Grant: $22,500.00 County Match: $7,500.00 Estimated Ongoing Costs: $2857.00 (Not included in dollar value above) ADDITIONAL COSTS For: Staff support-filing reports, oversight (e.g. Maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Risk Manag~, ent /~~ fJu.. q .u" .c(p ;~ O.M.B./Purc as~g Changes Date In Needed YesD NoD YesD NoE:r~ /' YesD NoW YesD NoW Date Out County Attorney Division Director Comments: OMB Form Revised 9/11/95 MCP #2 FDLE Law Enforcement Office of Criminal Justice Grants Mailing Address: Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Gerald M. Bailey Commissioner SEP 1 2 2006 The Honorable Charles McCoy Mayor Monroe County Board of Commissioners 530 Whitehead Street Key West, FL 33040 Re: Contract No. 2007-JAGC-MONR-3-P3-061 Dear Mayor McCoy: 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 $ 22,500.00 for the project entitled, BOYS AND GIRLS SMART - MARATHON AREA III. 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. These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service. Integrity. Respect. Quality The Honorable Charles McCoy Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at 850/410-8700. Sincerely, ~ ~ GO ! ~.~ Clayt n . Wilder Admi istrator CHWIJPljj Enclosures 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 2007-JAGC-MONR-3-P3-061, in the amount of $ 22,500.00, for a project entitled, BOYS AND GIRLS SMART - MARATHON AREA III, for the period of 10/01/2006 through 09/30/2007, 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) MONROE COUNTY ATTORNEY PROVED AS TO RM: State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: SEP 1 2 2006 Grant Period: From: 10/01/2006 TO: 09/30/2007 Project Title: BOYS AND GIRLS SMART - MARATHON AREA III Grant Number: 2007-JAGC-MONR-3-P3-061 Federal Funds: $ 22,500.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 22,500.00 State Purpose Area: 04A: Community Crime Prevention 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 1D, 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. 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. CVQ~~ ~. w.&M~ Authorizedl5fficial Clayton H. Wilder Administrator 9...1J.--v(P Date ( ) This award is subject to special conditions (attached). Application for Fun ding Assistance Florida Department of Law Enforcement Justice l\ssistance Grant - County-wide Subgrant Recipien! Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official FEID OR SAMAS: 59-6000749 Name: Title: Address: City: State: Phone: Fax: Suncom: Emai!: Charles McCoy Mayor 530 Whitehead Street Key West FL Zip: 33040 305<!92-3430 Ext: 305-292-3577 boccd is3@monroecounty-fl.gol/ Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305--295-3663 Suncom: Email: dkolhage@monroe-clerk.com Application ReF If. 2007-JAGC-500 Contract 2007-Jf\.GC-MONR-3-P3-061 Section #1 Page 1 of ication for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe FEiO OR SAMAS: 5~:-6000749 Chief Official Name: Title: Address: City: State: Phone: Fax: Suncom: Email: Charles IVIcCoy Mayer 530 \Nhitehead Street Key West i=L Zip: 33040 305-~92-3430 Ext: 305-292-3577 booed is3@monroecounty-fl.gov Project Director Name: Title: Address: City: State: Phone: Fa;e Suncom: Emaii: David Owens Gcams .Administrator 1 -100 Simonton Street i<~,~y V'iest FL Zip: 305-292-4482 Ext: 305-292-4515 33040 ovvens-d avid@monroecounty-fl.gov f.\pplication Reft 2007 -.JACC-500 Cont'-act 2007 -JACC-MONR-3-P3-C61 Section Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Project Information Project Title: BOYS AND GIRLS SMART - MARATHON AREA III Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2006 End Date: 9/30/2007 Problem Identification It is a well documented fact that children, their families and the entire community benefit dramatically from having easily accessible quality after school programs. Data from a national study of after school programs by the Nellie Mae Foundation indicates that children who spend three or more hours home alone during out of school time are significantly more likely to use drugs or alcohol, have high levels of stress and anger, experience more depression and behavioral problems, possess a lower self-esteem and perform poorly academically. The information from this study clearly points out the fact that a child's participation in a quality after school program not only benefits each child and the immediate family, but the entire community. At the end of each school day, over 1,000 children from the city of Marathon will leave the safety of their classrooms. Some will go home to a parent, some will go to an extracurricular activity and some will go to work. But many children will go it alone. Lacking adult supervision or access to an after school program, these children will be in danger. We know from various studies and statistics that the rate of juvenile-related crime actually doubles during the after school hours. This period of time is when a youth is most likely to commit a sexual assault, become involved in substance abuse, sexual activities or crime. The Boys and Girls Club fills that void and reduces the risk of criminal and antisocial behaviors by offering positive after school programming for children. In addition, due to the high cost of living and the lack of affordable housing in Marathon and throughout Monroe County, most parents are forced to work two jobs. This results in a tremendous number of latch key children being left with little or no adult supervision during the critical after school hours. While these young people seem particularly vulnerable, statistics and experience make it crystal clear that all children are at risk in the after school hours if left unsupervised. The problem transcends demographics. Too many children today grow up with few, if any, positive role models and little, if any, encouragement to resist alcohol, tobacco, other drugs, delinquent acts or sexual activity. The norm and expectation for these young people, whether, perceived or real, is that it is almost a "rite of passage" to participate in these destructive and often dangerous behaviors or actions. Not only is this the perception of young people themselves, but often the perception of the adults in their lives whose passive resignation encourages rather than discourages these behaviors. While young people are often taught skills to prepare them to face educational challenges, at critical stages of psychological, emotional, and intellectual development, they are often not taught the skills needed to make the successful transition from childhood to adulthood and to resist engaging in delinquent behaviors, premature sexual activity, or experimenting with drugs and alcohol. The Boys and Girls Club is committed to offering positive after school programs for youth in the community that address the issues of tobacco, alcohol, drugs premature sexual activity, violence, STD'S, gang activity, and healthy life skills. Today there are over 400 children who are members of the Boys and Girls Clubs of the Keys. Our Clubs in Key West and Big Pine provide services to over 140 children daily in 2007 -JAGC-500 Contract -JAGC-MONR- - Section #2 Page 1 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide we provide programming for youth in Key West, Big Pine Key, Marathon and Key Largo for over 500 school age children. Over eighty percent of these children are from single parent homes or from homes where there is a history of domestic violence or substance abuse. Over ninety percent are from families who are living at or below the Monroe County Poverty Level index. Currently, all children who attend any of the Boys and Girls Clubs receive some type of financial assistance. This assistance is either from subsidized child care from the state of Florida, administered by Wesley House, assistance from the Department of Children and Families or from a Boys and Girls Club scholarship. While relationships with parents and families remain fundamental, the staff members of the Boys and Girls Clubs of the Keys Area can have a powerful, positive influence on the lives of young participants by providing additional continuity, direction, support and guidance. Emotional support is a vital source of affirmation. It is the addition of high expectations that motivates young people to excel. Research has consistently shown that young people benefit when they are asked to abide by clear rules and standards and when they are guided and monitored. Structure and predictability are critical elements that young people crave. The positive peer pressure and reinforcement of positive behavior developed within the Boys and Girls Clubs of the Keys Area has and will continue to have a powerful impact on participants' choices and decisions. Youth development is the ongoing process that allows young people to meet their personal and social needs and build skills and capacities that they will need later in life. Effective youth development programs strengthen a young person's sense of identify and ability to contribute to the larger world. Children will flourish when they have regular contact with adults who care about and respect them; increased opportunities to contribute to their communities; protection from the hazards of drugs, violence and gangs; and constructive alternatives to the loneliness so many experience. They also need opportunities to gain a sense of competence through being able to do something well; a sense of usefulness through doing something of value for others; a sense of belonging through having a place where they "fit in" and a sense of self worth through knowing someone cares about them and will listen to them. Many young people growing up with multiple risk factors do not overcome these odds. Only a surprising percentage of vulnerable yet resilient families find ways to mitigate the effects of poverty, overcome the barriers imposed by tough community conditions and succeed in fulfilling the aspirations they have for their children. The Boys and Girls Clubs of the Keys Area are uniquely positioned in our community to assist youth and their families in overcoming these barriers to success. Project Summary Project Summary For twenty years, first as the Florida Youth Center and then later as the Boys and Girls Clubs of the Keys Area, our organization has been at the forefront of youth and character development, working with young people from disadvantaged economic, social and family circumstances. The Boys and Girls Clubs of the Keys Area have actively sought to enrich the lives of girls and boys whom other youth agencies have had difficulty reaching. The Boys and Girls Clubs of the Keys Area have the experience and resources to continue to successfully manage and meet the goals and objectives of this program. This past year our Clubs in Key West and Big Pine Key programs have expanded and we were also able to administer and implement a Preventive Program/After School program at Stanley Switlik School in Marathon. The Boys and Girls Clubs of the Keys is excited about the possibility of continuing our partnership with the Monroe County School Board Contract -JAGC-MONR- _ _ Section #2 Page 2 of 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide and Stanley Switlik School to provide these services. This partnership will result in an expansion of preschool and after school preventive, academic and recreational opportunities in Marathon. These activities will support learning, motivation and leadership development. Our target population is at risk elementary and middle school students; a special effort is made to reach minority and low socioeconomic students. The target population will have structured activities, breakfast and supervision prior to the school day. The afternoon program will have the same goals with an afternoon snack included. The goal is to better equip these students for involvement in their schools and their community. This program will be under the direction of a certified teachers and a counselor and will offer homework help, prevention programs and will provide organized recreation activities. The School District will provide transportation home after school. Our successful and extensive experience in youth development has shown that utilizing small, peer-driven groups is the best way to promote sound character and strong leadership skills. With the guidance of caring adults, who mentor and empower them, members develop essential character traits including responsibility, respect for self and others, trustworthiness, fairness and caring - as they learn positive leadership skills that help them influence others in positive ways. Education and career development activities are designed to give young people the sense that they can do something well and have individual worth. Career exploration, discussing and debating important social issues, such as gang awareness, drug use and prevention, teenage pregnancy, STD'S, nutrition, and child abuse prevention offer constructive and ongoing dialogue. Health and fitness playa vital role in the Club which fosters and encourages healthy physical development, team building skills and other important life skills. Through recreational activities, Club members have fun and acquire self-confidence, a sense of fair play and skills in interpersonal relationships. These are the goals of Club related activities and programs Our goal and commitment over the next funding cycle is to continue and enhance our efforts with our SMART Moves preventive programs by continuing with our Club in Marathon. These preventive programs are age specific and designed to encourage collaboration, interaction, support and education among Club staff, youth, parents and community service providers. The goals of each of these programs are to develop a positive concept of self worth; development of leadership skills; build resiliency; peer support and enhance each child's abilities to make positive decisions, to think before acting and to be proactive to situations rather than reactive. These year round programs are designed to educate and assist young people to resist alcohol, tobacco, substance abuse, delinquent behavior, gang involvement and premature sexual behaviors. In addition to continuing to enhance our efforts with our SMART Moves programs, we will continue with our efforts to improve and expand our academic tutoring program. Last year our Power Hour academic tutoring program provided academic assistance to over 50 youth daily at Stanley Switlik School. This year our plan is to expand and formalize the Club at Marathon commitment to various community service projects. We feel that it is important for our members to give something back to the community which fosters each child's belief that he/she is part of a larger community. Contract -JAGC-MONR- _ Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Performance Reporting Frequency: Quarterly Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: 04A - Community Crime Prevention Activity: Target Group: Geographic Location Type: Address(es) : Activity Description Academic Tutoring Children City-Wide Boys and Girls Clubs Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity: Target Group: Geographic Location Type: Activity Description After School Program Children City-Wide Boys and Girls Clubs Address(es) : Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity: Target Group: Geographic Location Type: Address(es) : Activity Description Community Service Children City-Wide Boys and Girls Clubs 2007 -JAGC-500 Contract -JAGC-MONR- _ _ Application for Fund ing Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity: Target Group: Geographic Location Type: Address(es) : Activity Description Crime Prevention Education Children City-Wide Boys and Girls Clubs Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity: Target Group: Geographic Location Type: Address(es) : Activity Description Drug Free Events Children City-Wide Boys and Girls Clubs Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity: Target Group: Geographic Location Type: Address(es) : Activity Description Life Skills Training Children City-Wide Boys and Girls Clubs Rcl# 2cl5 Contract -JAGC-MONR-- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Activity: Target Group: Geographic Location Type: Address(es) : Activity Description Recreation Program Children City-Wide Boys and Girls Clubs Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon, FL 33050 Objectives and Measures Objective 04A.01 - Provide a specified number of alternative drug-free events. [Alternative drug-free events would include any participatory event designed to strengthen the anti-drug message and/or anti-crime message.] Measure: Part 1 How many alternative drug free events will be conducted? Goal: 8 Objective 04A.02 - Present a specified number of crime and substance abuse prevention education classes. Measure: Part 1 How many crime prevention and substance abuse education classes will be presented? Goal: 25 Objective 04A.03 - Conduct a specified number of life skill development education classes. Measure: Part 1 How many life skill development education classes will be presented? Goal: 20 Ref # 2007 -JAGC-500 Contract -JAGC-MONR- _ Section #3 Page 3 of Application for Fund ing Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Objective 04A.04 - Create, expand, or enhance community, neighborhood, or school-based recreation programs. Measure: Part 1 Will the subgrant create or expand one or more community or neighborhood recreation programs? Goal: Yes Measure: Part 2 Will the activities include academic tutoring? Goal: Yes Measure: Part 3 Will the activities include drug awareness and prevention education? Goal: Yes Objective 04A.09 - Conduct a specified number of community service projects which may include neighborhood clean-up campaigns. Measure: Part 1 How many community service projects which may include neighborhood clean-up campaigns, will be conducted. Goal: 4 Objective 04A.15 - Provide academic tutoring to a specified number of students. Measure: Part 1 How many individuals will receive academic tutoring services? Goal: 20 Ref# 2007-JAGC-500 Contract -JAGC-MONR- - - #3 Page 4 of 5 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Question: If "other" was selected for the geographic area, please describe. Answer: Question: If "other" was selected for location type, please describe. Answer: Contract -JAGC-MONR- __ Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info: Note: fina Su ra to Ch na Officer Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS / Vendor Number: 59-6000749 Budget: Federal Salaries and Benefits $0.00 Contractual Services $22,500.00 Expenses $0.00 Operating Capital $0.00 Outlay Indirect Costs $0.00 - Totals -- $22,500.00 Percentage 100.0 Match Total $0.00 $0.00 $0.00 $22,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $22,500.00 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) No Ref # 2007 -JAGC-500 Contract -JAGC-MONR- - Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: Contractual Services $ 22,500 Salaries and Benefits: Police Officer/Certified Addictions Prevention Professional $25.00 hr X 2hrs X 35 school weeks 1,750 FICA rounded 134 TOTAL 1 ,884 Marathon Program Director $25.00 hr X 5 hrs X 35 school weeks 4,375 FICA rounded 328 TOTAL 4,703 PM Academic/Activity Coordinators (2) $25 hr X 6hr X 35 school weeks X 2 10,500 PORTION PAID BY GRANT 5,000 FICA rounded 383 TOTAL 5,383 Media/Computer Coordinator $25 hr X 4 X 35 school weeks 3,500 FICA rounded 268 TOTAL 3,768 AM Academic/ Activity Coordinators (2) $25 hr X 15 hrs X 35 school weeks X 2 PORTION PAID BY GRANT FICA rounded 383 TOTAL 5,383 6,125 5,000 Expenses: Operating supplies (videos, work books, etc) 1,379 Monroe County will contract with the Boys and Girls Club for these services. Purchasing methods to be used will conform to existing federal, state, and local laws and regulations. Application Ref # Contract 2007 -JAGC-500 2007 -JAGC-MON R-3-P3-061 Section #4 Page 2 of 3 Application for Fund ing Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Question: Indicate the Operating Capital Outlay threshold established by the subgrantee. Answer: 750 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 indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: not applicable Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: not applicable Section 3 on Contract -JAGC-MONR- _ _ Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 and Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-110, A-102, A-122, A-133, A-87, as applicable; EO. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug-free Workplace. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for StateJ. 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-11 0, or OMB Circular A-1 02, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports - JAG Countywide Only (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, by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. 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 both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. SFY 2007 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Financial Reports (1) Project Expenditure Reports (a) The JAG Countywide subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure Reports (1-3) 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 subm itted. (b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for the entire subgrant period. (c) 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 (OCGJ). (d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (e) 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. (f) Reports are to be submitted even when no reimbursement is being requested. (2) The Closeout Documentation shall be submitted to the Department within forty-five (45) days of the subgrant termination period. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (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 OJP Financial Guide (as amended), U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-BY, and A-11 0, 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. SFY 2007 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 a. JAG Countywide - Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181 (16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department. This request, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. b. JAG Direct - The Department shall award program funds to the recipient in a single, lump sum payment. 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. 9. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. c. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. d. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). SFY 2007 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their 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 OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. 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 OJP 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 OJP 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-102, as applicable. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 16. Audit 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 SFY 2007 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. 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 and will be returned to the subgrant recipient. 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 OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability 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. SFY 2007 Page 5 -______ Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 18. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to the Department indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to the Department, again explaining the reason for delay and request another revised project starting date, 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 amendment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; SFY 2007 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. 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 Chapter 120, Florida Statutes, 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 Chapter 120, Florida Statutes. 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 privilege 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 OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments. 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 Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 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. SFY 2007 Page 7 Memorial Justice istance Grant Florida Department of Law Enforcement 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 Subgrantee 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 Chapter 435, Florida Statutes 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 Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. 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 SFY 2007 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. A Drug Court Project funded by the JAG Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 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 a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968,42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 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 OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. SFY 2007 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. 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 Subgrantees 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 em ploys 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. SFY 2007 Page 10 Edward Byrne Memocial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. 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 subgrantee 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 1 OO-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. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ 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 (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). 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. 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; or federal loan of $150,000 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 Section 1352, Title 31, United States Code. 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. The undersigned certifies, to the best of his or her knowledge and belief, that: SFY 2007 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbyinq Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant 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 OJP. 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 assessmenUimpact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrantee 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 subgrantee 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 SFY 2007 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environm ental im pacts 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 subgrantee 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 subgrantee 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 subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. SFY 2007 Page 13 Edward Byrne rvlemorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 43. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 44. The Coastal Barrier Resources Act The subgrantee 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 (EP A) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrantee will comply with Section 1 02(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 The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting SFY 2007 Page 14 Edward Memorial Justice Assistance Florida Department of Enforcement with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 49. Omnibus Crime Control and Safe Streets Act The subgrantee 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. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. 51. 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. 52. Global Justice Data Model Specifications To support public safety and justice information sharing, OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction al schemas (extensions, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.iLojp.qov/qjxdm. 53. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 54. Privacy Ceritification The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable to collection, use, and revelation of data or information and that are in accordance with requirements of Confidentiality of Identifiable Research and Statistical Information (28 C.F.R. Part 22 and, in particular, section 22.23, Privacy Certification). SFY 2007 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement If an award is made for a project which has a research or statistical component under which information identifiable to a private person will be collected, the subgrant recipient agrees to: 1. Project plans will be designed to preserve anonymity of private persons to whom information relates, including, where appropriate, name-stripping, coding of data, or other similar procedures. 2. Project findings and reports prepared for dissemination will not contain information which can reasonably be expected to be identifiable to a private person. 3. A log will be maintained indicating that identifiable data have been transmitted to persons other than BJA, OJJDP, BJS, NIJ, or OJP or grantee/contractor staff or subcontractors, that such data have been returned, or that alternative arrangements have been agreed upon for future maintenance of such data. 4. A description of the project containing assurance by the applicant that: (1) Data identifiable to a private person will not be used or revealed. (2) Access to data will be limited to those employees having a need and that such persons shall be advised of and agree in writing to comply with these regulations. (3) All subcontracts which require access to identifiable data will contain conditions meeting the requirements. 5. Any private persons from whom identifiable data are collected or obtained, either orally or by means of written questionnaire, shall be advised that the data will only be used or revealed for research or statistical purposes and that compliance with requests for information is not mandatory. Where the notification requirement is to be waived, a justification must be included in the Privacy Certificate. 6. Describe the precautions that will be taken to insure administrative and phYSical security of identifiable data. SFY 2007 Page 16 DAiViVY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 29, 2006 RECE\'lED JUL 1 0 2006 Off1~~t GAAKTS CRltftlMAl.. JU., II TO: Salvatore Zappulla, Director Office oflvJanagement & Budget A TTN: Dave Owens Grants lvJanagement Pamela G. Hanr& Deputy Clerk 0 J U N 2 .9 L u u 0 t 6MfP FROj~f: At the June 21, 2006, Board of County Commissioner's meeting the Board adopted Resolution No. 234 authorizing the submission of a Grant Application to the Florida Department of Law Enforcement for the Fiscal Year 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Enclosed is a certified copy of the subject Resolution for your handling. Should you have any questions please feel free to contact our office. cc: County Attorney Finance File RESOLUTION NO. 234 - 2006 Budget and Finance A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LA VI/ ENFORCEMENT FOR THE FISCAL YEAR 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM rFOOVEO WHEREAS, the Florida Department of Law Enforcement has announG~q~he Fiscal Year 2007 funding cycle of the Edward Byrne Memorial Justic~JAski~JH~e Grant (JAG) Program; and uHIGtOF CRIMINAl JUSTICE GAA.NTS WHEREAS, on May 16,2006, the Monroe County Board of Commissioners agreed to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $89,801.00 with an additional $29,934.00 cash match requirement (total of $119,735.00); and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. The County Administrator is hereby authorized to sign and submit the application packet for the Fiscal Year 2007 grant funds to the Florida Department of Law Enforcement Edward Byrne Memorial Justice AssistaRSe Grant (JAG) Program; and that ~ ~ ~ 3. This resolution shall become effective immediately upon adoptioa3~e e Board of County Commissioners and execution by the Presiding~eer a1'!tl () r- N Clerk. 0 ~. \.0 ~::o~; > PASSED AND ADOPTED by the Board of County Commissioners of Monr~Dun~ Florida, at a regular meeting of said Board held on the 21 5t day of June, A.r;n, ~6.,;;. '. > ~ Mayor McCoy Yes Mayor Pro Tern Spehar Yes Commissioner Neugent Yes Commissioner Rice Yes Commissioner Patton Yes .." ,.- tY} o --" o ::0 ;,) r'l o C) ;0 a , ,1.' (Seal) .. ~ ... AttCSI(?~ _0\ A3Nl:JOJ.J.'rt A1NnO:Ja~~€ourt 13SSV:) 'M 3N3311.1'1N Monroe County B a of Commissioners yor By: :~80.::l OJ. SV 03^08ddV A3N80J.J.V AJ.Nn08 308NO~ MONROE COUNTY ATTORNEY APPROVED AS TQ FJJflM: _ _A . / RECEIVED RESOLUTION NO. 392_ 2005 JUL 1 0 2006 OFfiCE Of CRIMINAl JUSllCE GlWffS RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ELECTING A MAYOR/CHAIRPERSON AND MAYOR PRO TEM WHEREAS, it has become necessary for the members of the Board of County Commissioners of Monroe County, Florida, to elect a Mayor/Chairperson and Mayor Pro Tern for said Board; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY CD:MMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. That Commissioner Charles "Sonny" McCoy is hereby designated Mayor/Chairman of the Board of County Commissioners of Monroe County, Florida. Section 2. That Commissioner Murray E. Nelson is hereby designated Mayor Pro Tern of the Board of County Commissioners of Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of November, 2005. Mayor Spehar Mayor Pro Tern McCoy Commissioner Nelson C;:qmmissioner Neugent " Colnlnissjoner Rice 3: 0 g :t> XI z o n::z~ rl'1~-< n. r O~:..... S::o-'. ;()--~ :-.....;-i ~--- "T"j ,:; ~ r:l . en BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ,.(~ju >n ~ By Yes Yes ~ c::::o c:::> <:7' ." I'T1 co I 0'\ .." e- m CJ .." o ::0 :::0 P1 ("") o ::0 o Yes Yes Yes -0 ::a:: Y? . ,",'i, . , .. \., "",--' '.- " . . '. ~ '''\ ~ o(~_.-, --"_ '._ _~, t:'i I . ',".',.: ,~, ,-, \(....'?- ,-:. ,:',' ~S.BAI:.}~." .' .J~:.bAN"Nt.L. KOLHAGE, Clerk BCf~ Deputy Clerk Mayor/Chairperson CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) (Select one of the following): ~Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): ~Has a Current EEO Plan Does Not Have a Current EEO Plan Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant aP..Plicati~ f.e. de. I. ssistance is approved or face loss of federal funds. ~L. . Signature of Subgrantee Authoriz! Type Name: Thomas J. Willi Title: County Administrator Subgrant Recipient: Monroe County Board of County Commissioners Date: June 29, 2006 FDLE JAG Grant Application Pack~ EEO Certification ---~ Page 2 of 2 (April 2005) CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program IMPLEMENTING AGENCY CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that this Implementing Agency. . . (Select one of the following): XX Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency. . . (Select one of the following): XX Has a Current EEO Plan Does Not Have a Current EEO Plan Is Included in the EEO Plan of the Subgrant Recipient. Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Type Name: Thomas J. Willi Name of Subgrant Recipient: Monroe County Board of County Commissioners Name of Implementing Agency: Monroe County Board of County Commissioners Title: County Administrator Date: June 29, 2006 FOLE JAG Grant Application Package EEO Certification Page 2 of 2 (April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant _ 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 Signature Qk~J,.. ~. . ~~ T d N d Cia1ri0i1tt ijVddof,~drnlftls:ira~flr;> ype ameanH~'. ... ... .,...~..,,_.~~. Date q- 11.-0(" Typed Name of Subgrant Signature: ~~ y ~oard of County Commissioners Date June A Thomas J. Willi,fCounty Administrator Typed Name and Typed Name of Implementing f County Commissioners Signature: Typed Name and Thomas Administrator Date June 29 2006 Section #6 Page 1 of 1 Contract -JAGC-MONR-_