Item C19
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: AUQust 19. 2009
Division: Office of ManaQement and BudQet
Bulk Item: Yes XX No
Department: Grants Administration
Staff Contact Person: Lisa Tennvson
AGENDA ITEM WORDING: Approval of a Resolution authorizing the submission of
grant application to the Florida Department of Law Enforcement for the Edward Byrne
Memorial Justice Assistance FY 2010 Grant (JAG) program based upon the
recommendations of the Substance Abuse Policy Advisory Board and authorization for
the County Administrator to execute application.
ITEM BACKGROUND: Federal funds are provided each year to the County through the
Florida Dept. of Law Enforcement (FDLE) to implement various law enforcement and
substance abuse related programs in Monroe County. This year, Monroe County will
receive two allocations of Byrne funds; one through the Recovery Act, the other through
the regular distribution. This item pertains to the regular JAG allocation, for which
Monroe County BOCC has received an award of $142,873. Proposals for this funding
were submitted to the County and were reviewed by the Substance Abuse Policy
Advisory Board; its funding recommendations and a copy of the applications are
attached. There is no match required.
PREVIOUS RELEVANT BOCC ACTION: The County has participated in the Byrne JAG
grant program since about 1990. Authorization for the Mayor to execute the grant
application's funding distribution letter is also on today's agenda.
CONTRACT/AGREEMENT CHANGES: not applicable
STAFF RECOMMENDATION: Approval
TOTAL COST: $142,873
COST TO COUNTY: 0.00
BUDGETED: Yes XX No
SOURCE OF FUNDS: Federal Grant 100%
REVENUE PRODUCING: Yes No XX AMT. PER MONTH YEAR
APPROVED BY: COUNTY A I 1.J1f:! OWURCHASING ~ RISK MGT. \flSr
DOCUMENTATION: INCLUDED: NOT REQUIRED:
DISPOSITION:
AGENDA ITEM #:
RESOLUTION NO.
- 2009
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 2010
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
WHEREAS, the Florida Department of Law Enforcement has announced the
funding for Fiscal Year 2010 Edward Byrne Memorial Justice Assistance Grant (JAG)
Program; and
WHEREAS, the Monroe County Board of Commissioners agrees 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 $142,873 with no
cash match; 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 2010 grant funds to the Florida
Department of Law Enforcement Edward Byrne Memorial Justice Assistance
Grant (JAG) Program; and that
3. This resolution shall become effective immediately upon adoption by the
Board of County Commissioners and execution by the Presiding Officer and
Clerk.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 21th day of August, A.D., 2009.
Mayor Neugent
Mayor Pro Tem Murphy
Commissioner Carruthers
Commissioner DiGennaro
Commissioner Wigington
(Seal)
Monroe County Board of Commissioners
Attest:
By:
Clerk of Court
Mayor MONROE COUNTY ATTORNEY
ct!P.Rfj.l/};S ~O FORM:
7:.. I J1 ~i~
CHRISTINE M. LIMBERT-BARROWS
ASSISTANT COU~TY ATTORNEY
Date ~ '~J' ()
Following are the applications for the FY 2010 JAG grant program and
the recommendations of the Substance Abuse Policy Advisory Board
(minutes from June 16, 2009 meeting.)
(Draft-Not Yet Approved)
Substance Abuse Policy Advisory Board
Minutes
June 16, 2009
12:30 P.M.
Harvey Govt. Center, 1200 Truman Ave.
Key West, FL
Board members/designees present:
RaiEtte Avael, Dept. of Juvenile Justice, Chairperson
Rosemary Enright, Public Defender, Vice-Chairperson
Sean Fury, for Jamie Pipher, Executive Director of Guidance Clinic of the Middle Keys
Carol Eisenman for Randy Acevedo, Superintendent of Schools
Tommy Taylor, Monroe County Detention Center
Todd Koson, for Patricia Burns, Florida Dept. of Corrections Parole and Probation
Sylvia Murphy, Mayor Pro Tem, District 5 Commissioner
Bob Peryam, Sheriff
Robert Petrick, Chief of Police, Key Colony Beach
Dennis Ward, State Attorney
Elwood York, Director Pre-Trial Services
Staff members present:
Lisa Tennyson, Monroe County Grants Administrator
Emmie Coughlin, Budget Analyst
Chair RaiEtte Avael noted the existence of a quorum, and the meeting was called to order at
approximately 12:40 P.M.
Board members introduced themselves and disclosed any affiliations with applicants. Sheriff
Peryam and Chief Taylor noted their affiliations with the Sheriff's Office; Carol Eisenman
noted her affiliation with the School District and Monroe Youth Challenge; Elwood York
noted his affiliation with the 16th Judicial Circuit; Dennis Ward noted his affiliation with the
State Attorney/s Office; Sean Fury noted his affiliation with the Care Center.
Upon a motion by Commissioner Murphy, RaiEtte Avael was unanimously re-elected as
Chairperson.
Rosemary Enright was unanimously re-elected as Vice-Chairperson.
Motion to approve the minutes of the May 15, 2008 meeting passed unanimously.
Lisa Tennyson summarized Byrne Justice Assistance Grant issues for FY 2010. She noted
that Monroe County will receive two separate Byrne JAG Grant allocations this year, one
funded under the Recovery Act and the other from the normal, annual distribution. The
County was awarded a total of Recovery Act Byrne JAG $586,460 which was apportioned to
each of the municipalities within the County. Monroe County's apportioned amount is
$346,011. We received a total of 5 applications for this funding (one of which withdrew.)
Lisa Tennyson summarized the conditions for this funding, noting the rigorous reporting
requirements and preference for projects that maximize job creation and economic
investment. She also noted that all funding must be expended within the year and all
program deliverables must be completed within the year.
Lisa Tennyson then informed that Board that she had spoken to the City of Layton about the
use of their funds, and that the City would like to turn its allocation ($5,864) over to Monroe
County, specifically for the Sheriff's Office. A motion was made to incorporate the City of
Layton's funds into the County's pool and added to the Sheriff's request. It passed
unanimously with Sheriff peryam and Chief Taylor abstaining.
Lisa Tennyson then informed the board that the County will also receive an estimated
$140,000 in its normal Byrne JAG funds. Lisa noted that this is an estimate and while we
have not received formal notification, we have proceeded with accepting applications for this
funding in anticipation of the formal notice. We received 7 applications for this funding.
Lisa Tennyson then summarized the status of the Drug Abuse Trust Fund (DATF) money.
She noted that last year we utilized this funding to supplement the Byrne Grant and fund
programs of Boys and Girls Club, Monroe Youth Challenge, Heron-Peacock and Samuel's
House. She informed the Board that the fund will earn approximately $35,000 and that
there is approximately $118,000 in the fund. Lisa informed the Board that they could opt to
use the DATF to supplement Byrne funds or to save it for next year.
Sheriff peryam stated that the Board should use the money in the DATF and there was
agreement by the board.
There was discussion regarding the 4 year funding limitation. Lisa Tennyson informed the
Board that this is no longer a requirement of FDLE for this funding. Board members
discussed that they had continued the policy anyway. Board members discussed the pros
and cons of the limit. Commissioner Murphy made a motion to no longer implement the 4
year funding limitation. There was no discussion and the motion passed unanimously.
Applicants for the Recovery Act Byrne JAG funding then made presentations and answered
questions from the board:
· State Attorney's Office discussed its Mortgage Fraud Protection and Prevention
Program.
· Sheriff's Office discussed its equipment purchase. It was also noted that Layton's
money would be added to this request.
· School District discussed its need for School Resource Officers. It needs $7,092
in additional funds to cover the cost for its school resource officers. It was
discussed that this request could and should be added to the Sheriff's request.
· Care Center discussed its Jail Incarceration Program and its request for funding
to add an employment readiness component for offenders about to be released.
· The fifth applicant, Wesley House, withdrew its application and did not present.
Clarification was made regarding the exact amount we had to work with: Monroe County's
allocation of 346,011 plus the City of Layton's allocation of $5,864 totals $351,875.
After discussion, the motion was made to approve the request for $113,137 from the State
Attorney's Office, $44,900 for the Care Center JIP Employment Program, with the remainder
of the funds, $193,838 to be given to the Sheriff's Office to be used for equipment purchase
and the school resource officer expense.
Next, presentations were made by applicants for the normal Byrne JAG funding. There were
six applicants and seven applications (Samuel's House submitted two separate applications.)
The Care Center, having received a funding approval from the Recovery Act funds, withdrew
from consideration for this funding.
· Janice Drewing discussed Heron-Peacock's request.
· Jane Isherwood addressed the Board concerning the proposal for the Sixteenth
Judicial Circuit Drug Court.
· Sunny Booker addressed the Board concerning the proposal for Monroe County
Education Foundation/Monroe Youth Challenge Middle School Program.
· Dan Dombroski addressed the Board regarding the proposal of Boys and Girls
Clubs SMART Moves Program/Marathon IV. He and the Board discussed the area
served, the target population, and the hours of the program.
· Elmira Leto addressed the Board concerning her proposals for Samuel's House
Women in Transition program and drug testing.
At this point, Lisa Tennyson noted that the requests exceed available funds.
Sheriff peryam noted the good work of each of the organizations and that if we didn't have
these services, it would only lead to more incarcerations; and that we need more of these
services to reduce the rate of incarcerations.
Rosemarie Enright stated that we should fund organizations that are county-wide and have
demonstrated success.
There was a motion to use $35,000 in DATF funds to supplement the $140,000 in normal
Bryne JAG money. The motion passed unanimously.
Commissioner Murphy asked by what percentage we were now short (it was 23%) and
suggested that each request be reduced by that percentage. Each organization was asked if
they could sustain such a cut in their funding request.
Rosemarie Enright stated that requests should be funded on their merits; not all
applications should automatically be funded.
Carol Eisenman stated that she didn't agree with applying an across the board percentage
cut for every organization and agreed with R. Enright that proposals should be looked at
and funded on their merits.
At this point, Sheriff peryam put forth the following funding recommendation:
Heron Peacock: $37,000
16th Judicial Circuit: 50,166
MYC: $53,100
Boys and Girls: $24,587
Samuel's House: $10,000
Commissioner Murphy made a motion to approve this recommendation. Discussion
followed. The motion was withdrawn. R. Enright then made the following
recommendation:
MYC: $46,000
16th Judicial Circuit: 46,000
Boys and Girls Club: 30,000
Heron Peacock: 32,000
Samuel's House: 21,000
Motion to approve this recommendation was passed, with C. Eisenman voting against.
A motion to proportionately distribute any excess or shortage of funds due to any changes
made by County Commission, FDLE, or applicant after SAPAB approval of recommendations
for FY2010 Byrne funds was approved unanimously.
At approximately 2:30 P. M., there being no further business, the meeting was adjourned.
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
~
I
Subgrant Recipient
Organization Name: Monroe County Board of Commissioners
County: Monroe
Chief Official
Name: George Neugent
Title: Mayor
Address: 1100 Simonton Street
City: Key West
State: FL Zip: 33040
Phone: 305-289-6039 Ext:
Fax: 305-872-9195
Email: boccdis1@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
Email: dkolhage@monroe-c1erk.com
Application Ref #
Contract
201 0-JAGC-1 056
-JAGC-MONR- - -
Section #1 Page 1 of 2
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Implementing Agency
Organization Name:
County:
Monroe County Board of Commissioners
Monroe
Chief Official
Name: George Neugent
Title: Mayor
Address: 1100 Simonton Street
City: Key West
State: FL Zip: 33040
Phone: 305-289-6039 Ext:
Fax: 305-872-9195
Email: boccdis 1 @monroecounty-f1.gov
Project Director
Name: Lisa Tennyson
Title: Grants Administrator
Address: 1100 Simonton Street
Room 2-213
Key West
FL
305-292-4444
City:
State:
Phone:
Fax:
Email:
Zip:
Ext:
33040
T ennyson-Lisa@monroecounty-f1.gov
Application Ref #
Contract
201 0-JAGC-1 056
-JAGC-MONR- - -
Section #1 Page 2 of 2
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Project Information
Project Title: PREVENTING RECIDIVISM FOR ADULTS WITH MENTAL ILLNESS
TO INCARCERATION AND SUBSTANCE ABUSE
Monroe County Board of Commissioners
Monroe County Board of Commissioners
10/1/2009 End Date: 9/30/2010
Subgrant Recipient:
Implementing Agency:
Project Start Date:
Problem Identification
The proposed project is "Breaking the Cycle, Heron-Peacock Supported Housing to Prevent
Recidivism of Adults with Mental Illness to Incarceration and Substance Abuse."
Heron-Peacock Supported Living is an organization in Monroe County that provides housing
and supportive. It will do this by providing housing and supportive services to adults with mental
illness. Many of its clients are dually diagnosed as substance abusers, and many of these clients
also have a history of incarceration. This program will serve adults who are mentally ill, with a
history of incarceration and substance abuse and will also monitor and educate all program clients
to promote successful recovery, prevent drug abuse and incarceration.
Since the early 1980's when the course of psychiatric hospital deinstitutionalization changed
due to revised funding policies many people with mental illness have been discharged without
adequate housing, community support, help from friends and families, and treatment. Serious
outcomes have been escalation of homelessness and increasing incarceration of people who are
mentally ill. The jails, prisons, and streets have now become the alternatives to therapeutic
programs. In a recent article in the Key West Citizen, Monroe County Sheriff Bob Peryam, stated
about the Monroe County Correctional Facility that "we're looking at reducing the population of
folks with mental health issues, drug or alcohol issues, or homeless issues. Many of these people
do not need to be in jail."
Incarceration of the mentally ill person is considerably more expensive than it is for the average
offender, since during incarceration; these offenders need ongoing mental health treatment and
supervision. Intensive supervision is needed to prevent suicide attempts while in jail, ensure
medication management/compliance and to prevent victimization by the other prisoners. By
releasing them into our community-based offender supportive housing program, clients will have a
safe residence.
Through our project Heron Peacock will provide low-cost, stable, community housing which
according to many experts such as, the nationally recognized "Housing First" initiative, is the most
important service. It has been shown that once people have housing they are more receptive to
participating in other programs to deal with mental health and substance abuse issues. For
example, a Peacock client recently entered the program after an arrest and incarceration, realizing
that she had many issues to deal with she said, "Now, I can get better because I have a home." In
addition, the supportive services we use address mental health issues, improve life skills and
develop a treatment program that enables clients to remain clean and sober, and become a
productive member of our community.
The cost is also much lower than less effective alternatives. For example, For example, the
average cost per day at Heron-Peacock is $48.00 while information provided by the
Application Ref #
Contract
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Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Monroe County Sheriffs Office indicates that the daily cost of a jail stay is $85.00. The daily cost of
a stay at FL Northeast State Psychiatric Hospital is approximately $230.00.
As described above there is a critical need to address the problems of widespread, ineffective,
and often unnecessary incarceration of people who have mental illness and who have a dual
diagnosis of substance abuse. (For example, the mentally ill are often incarcerated for minor
misdemeanor crimes such as trespassing and loitering, which can be a result of their illness they
may not understand the charges against them, and some are incompetent to stand trial.)
This not only hurts the criminal justice system and the taxpayers by overcrowding correctional
facilities and presenting inmates who have difficult problems and need specialized expensive care
it can also harmfully affect a person with mental illness to the extent that they may never recover
and will suffer the "revolving door" cycle of drug and alcohol abuse, possible homelessness, and
recurring to incarceration.
In addition, Monroe County has a tourist-based economy and is negatively impacted by this
visible population. Homelessness, substance abuse, unemployment, loitering, panhandling,
criminal activity, and health/hygiene/sanitation problems all negatively affect the tourism industry,
as well as the life quality of our community. Many of our severe and chronic mentally ill live on a
$550 a month disability check which cannot pay for housing in Monroe County. Our non-profit is
the only provider of transitional and permanent supportive housing for this population in the Florida
Keys.
The problem of incarceration of adults with mental illness and substance abuse, especially
those who are not major offenders is very serious and is growing. According to the Strategic Plan
developed by the Monroe County Criminal Justice Mental Heath Substance Abuse Diversion
Planning Council (MCJMHSA) current estimates suggest that as many as 700,000 of adults
entering jails each year have active symptoms of mental illness and three-quarters of these
individuals meet criteria for a co-occurring addictive disorder (Gains, 2001).
Almost all jail inmates with co-occurring mental illness and substance use disorders will leave
correctional settings and return to the community.
In addition, Monroe County is considered to be an area of critical need with inadequate
resources, to meet the needs of a disproportionately high percentage of individuals with Mental
Illness or Co-Occurring Disorders, in need of services.
Monroe County has the third highest incarceration rate in the State of Florida. The Homeless
rate in Monroe County is the one of the highest per capita, in the State of Florida.
There is only 1 Assisted Living Facility with a Mental Health License serving a total of 16 clients
and only 1 Housing facility with a total of 28 beds willing to take individuals with serious mental
illnesses and substance abuse. (These are the facilities of Heron-Peacock).
In a recent study conducted by the MCJMHSA occupants of four facilities that provide housing
for the homeless were interviewed. 59% responded that they had been arrested at some time and
46% indicated that they had at some time received counseling for a
Application Ref #
Contract
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Section #2 Page 2 of 5
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
mental health or substance abuse problem. In addition, 86% reported that they were participating
in a program or shelter for homelessness. As such, there is an interrelationship among mental
illness, substance abuse, homelessness, and arrest and incarceration that must be addressed.
The Southernmost Homeless Assistance League (SHAL) provided information in the 2008
Department of Children and Families Survey which indicated that of the subpopulations of the
homeless in Monroe County those with the greatest need and the least resources to serve were
the mentally ill and those with substance abuse problems.
In fact, the problems of inappropriate incarceration and its link to homelessness have become
so epidemic that the federal Substance Abuse and Mental Health Services Administration
(SAMHSA) has identified major initiatives "to divert individuals with mental illness from the criminal
justice system to mental health treatment and appropriate supported services".
Project Summary
The purpose of the project is to target clients with a history of incarceration, diagnosis of mental
illness, and co-occurring disorders of alcohol and drug abuse and focus on preventing their return
to correctional facilities while achieving successful recovery from substance abuse.
This will be accomplished by offering residents a safe, structured, progressive environment in
which to live. This includes safe, low-cost housing, referral and intake services, provision of
supportive services and activities to stabilize their situation and help them with recovery.
The spectrum of clients in the program includes adults 18 years of age and older from all
backgrounds and demographic groups who because of their mental health difficulties and
concurrent problems with drugs or alcohol have been incarcerated.
Heron-Peacock operates two facilities one in Key West and one in Marathon in the Middle Keys
for a total of 44 beds. Peacock Apartments in Key West offers 28 beds. The Heron, a licensed
Assisted Living Facility (ALF) in Marathon with 16 beds provides more intensive support.
Services include stable housing, medication management and supervision, drug screening
testing and counseling, referrals to other providers for psychiatric consultations, prescriptions,
medical and dental care and related services. Transportation, life skill development, supported
employment, and recreational outings are other activities.
Other services may include assistance with personal grooming, food service, and help with daily
activities such as shopping; banking, etc., and 24-hour staff support. Both facilities offer
educational programs, skills development, supported employment, and other constructive
activities, especially those provided by the Personal Growth Center of the Guidance Clinic of the
Middle Keys in Marathon.
Of the current census of 42 clients at Heron-Peacock 19 or 45% of the census fall into the target
population of the proposed project, adults with a history of incarceration and dual diagnoses of
mental illness and substance abuse. This is the group that will be
Application Ref #
Contract
201 0-JAGC-1 056
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Section #2 Page 3 of 5
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
served by our prevention and education project.
Objectives and related activities are as follows:
1 )To prevent recidivism of clients with a history of incarceration, including those entering through
the Monroe County Jail Diversion Program operated by the Care Center to correctional facilities.
a. Use of Intake and Referral: The Site Manager and Team Leader will use the intake and referral
process to facilitate entry into the Heron-Peacock Supported Living Program of people referred
with a history of arrest and incarceration, and have a diagnosis of mental illness with Transition
Program. Actions include initial contact with applicant, review of the referral for suitability and
agreement of the applicant to accept program goals and policies, conducting background checks
and excluding those with a history of violence, non-compliance with medications and other
inappropriate behaviors, determining ability to pay client fees: and attempting to assist with this.
The person applying is then accepted or not accepted into the program.
b. Provision of Stable Housing and Supported Services: Clients are provided with housing at
Heron or Peacock, assessed through use of a personal plan instrument, appropriate supportive
services are identified and implemented;
2) Drug abuse prevention and intervention.
a. The project will use Assessment, Monitoring, Testing, 90-day Program and Treatment Referrals
to address and reduce problems of substance abuse. Staff will determine if the applicant has a
history of substance abuse and discuss what the problems are. During this process clients are
advised that the program does not permit drug or alcohol use and this can be grounds for
discharge. Clients are drug and alcohol tested randomly on a monthly basis and immediately for
cause. If someone tests positive they are counseled by staff and must agree in writing to
participate in a 90-day program during which they are tested weekly and participate in recovery
treatment through a program such as AA or through counseling from a recovery and treatment
professional. After the initial test the client is given two more chances. If they test positive two
more times during the 90 days they are discharged from the program. This approach is unique
and has been proven to be more effective than programs that discharge offenders after one
positive test. Professionals in the field regard our program as a best practice since it assumes that
people with substance abuse problems are likely to relapse and need help not punishment.
3) Recovery and wellness.
a. This addresses all three areas of need, mental health, drug abuse, and incarceration and
includes activities directed at getting clients better and able to achieve the highest degree of
independence possible and community integration. This will decrease their likelihood of being
arrested and returning to incarceration and assist in their resistance to abuse drugs and alcohol
since they will have a stable and viable lifestyle. Activities include stabilization, entry, and
continuation in the program, Wellness Recovery Action Plan (WRAP), supported employment, and
related activities.
Application Ref #
Contract
201 0-JAGC-1 056
-JAGC-MONR- - -
Section #2 Page 4 of 5
Rule Reference 11 D-9,006 OCJG-005 (rev, April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section Questions:
Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from
the U.S. Department of Justice?
Answer: No
Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or
more from the U.S. Department of Justice?
Answer: No
Application Ref #
Contract
201 0-JAGC-1 056
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Section #2 Page 5 of 5
Rule Reference 110..9.006 OCJG-005 (rev. April 2005)
Application for Funding 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: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State
Initiatives
Activity Description
Activity: Substance Abuse Treatment
Target Group: Other
Geographic Area: County-Wide
Location Type: Other
Address(es) :
Heron Peacock Apt
1320 Coco Plum Drive
Marathon , FL 33050
Target Group Questions:
Question:
Answer:
Please provide the name of the target group.
Mentally ill Adults with history of substance abuse and incarceration
Activity Description
Activity: Case Management
Target Group: Other
Geographic Area: County-Wide
Location Type: Other
Address(es) :
Heron Peacock Apt
1320 Coco Plum Drive
Marathon , FL 33050
Target Group Questions:
Question:
Answer:
Please provide the name of the target group.
Mentally ill adults with history of substance abuse and incarceration.
Activity:
Application Ref #
Contract
Activity Description
Drug Prevention Education
201 O-JAGC-1 056
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Target Group: Other
Geographic Area: County-Wide
Location Type: Other
Address(es) :
Heron Peacock Apt
1320 Coco Plum Drive
Marathon, FL 33050
Target Group Questions:
Question:
Answer:
Please provide the name of the target group.
Mentally ill adults with history of substance abuse and incarceration.
Activity Description
Activity: Intake and Screening
Target Group: Other
Geographic Area: County-Wide
Location Type: Other
Address(es) :
Heron Peacock Apt
1320 Coco Plum Drive
Marathon , FL 33050
Target Group Questions:
Question:
Answer:
Please provide the name of the target group.
Mentally ill adults with history of substance abuse and incarceration.
Activity Description
Activity: Life Skills Training
Target Group: Other
Geographic Area: County-Wide
Location Type: Other
Address(es) :
Application Ref #
Contract
201 0-JAGC-1 056
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Section #3 Page 2 of 6
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Heron Peacock Apt
1320 Coco Plum Drive
Marathon , FL 33050
Target Group Questions:
Question:
Answer:
Please provide the name of the target group.
Mentally ill adults with history of substance abuse and incarceration.
Activity Description
Activity: Referrals
Target Group: Other
Geographic Area: County-Wide
Location Type: Other
Address(es) :
Heron Peacock Apt
1320 Coco Plum Drive
Marathon , FL 33050
Target Group Questions:
Question:
Answer:
Please provide the name of the target group.
Mentally ill adults with history of substance abuse and incarceration.
Objectives and Measures
Objective: 02.A.SI - Number of local initiatives planned
Measure: Part 1
Number of local initiatives planned
Goal: 1
Measure: Part 2
Number of local initiatives to be implemented
Goal: 1
Objective: 03.A.DS* - Number of individuals receiving services
Measure: Part 1
Number of individuals to receive services during the grant period
Goal: 19
Application Ref #
Contract
201 0-JAGC-1 056
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Section #3 Page 3 of 6
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Measure: Part 2
Number of individuals to receive services during each reporting period
Goal: 5
Objective: 06.A.BT* - Number of program participants who completed (intended) programming
Measure: Part 1
Number of program participants to complete programming during the grant period
Goal: 19
Measure: Part 2
Number of program participants who will exit programming during the grant period
(complete or not complete)
Goal: 19
Objective: 08.A.BT * - Number of program participants who exhibit a desired change in a
targeted behavior
Measure: Part 1
Number of program participants during the grant period
Goal: 19
Measure: Part 2
Number of program participants who will exhibit a desired change in a targeted
behavior
Goal: 15
State Purpose Area:
F - Contractual Support - Purchase Contractual Support
Activity Description
Activity: Contractual Support
Target Group: Contractual Support
Geographic Area: County-Wide
Location Type: Other
Address(es) :
Heron Peacock Apt
1320 Coco Plum Drive
Marathon , FL 33050
Application Ref #
Contract
201 0-JAGC-1 056
-JAGC-MONR- - -
Section #3 Page 4 of 6
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Objectives and Measures
Objective: 29.F.SI - Number of contractual support hours paid with JAG funds
Measure: Part 1
Number of hours to be paid with JAG funds for contractual support
Goal: 2600
Objective: 30.F.SI - Number of units that report a desired change in efficiency or in program
quality
Measure: Part 1
Number of units to receive contractual support with JAG funds
Goal: 1
Measure: Part 2
Number of units that will report a desired change in efficiency as a result of JAG
funds
Goal: 1
Measure: Part 3
Number of units that will report a desired change in program quality
Goal: 1
Application Ref #
Contract
201 0-JAGC-1 056
-JAGC-MONR- - -
Section #3 Page 5 of 6
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
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: NA
Question: If "other" was selected for location type, please describe.
Answer: Heron-Peacock operates two facilities one in Key West and one in Marathon in the
Middle Keys for a total of 44 beds. Peacock Apartments in Key West offers 28 beds.
The Heron, a licensed Assisted Living Facility (ALF) in Marathon with 16 beds
provides more intensive support.
Application Ref #
Contract
201 0-JAGC-1 056
-JAGC-MONR- - -
Section #3 Page 6 of 6
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Financial Info:
Note: All financial remittances will be sent to the Chief Financial Officer
of the Subgrantee Organization.
Financial Reporting Frequency for this Subgrant: Quarterly
Is the subgrantee a state agency?: No
FLAIR I Vendor Number: 596000749
Budget:
Budget Category Federal Match Total
Salaries and Benefits $0.00 $0.00 $0.00
Contractual Services $32,725.00 $0.00 $32,725.00
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 -- $32,725.00 $0.00 $32,725.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref #
Contract
201 0-JAGC-1 056
-JAGC-MONR- - -
Section #4 Page 1 of 4
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Budget Narrative:
BUDGET NARRATIVE
CONTRACTUAL SERVICES:
Heron-Peacock Supported Living will provide 2,236 hours of services to clients who are dually
diagnosed with mental illness and substance abuse and who also have a history of incarceration.
The service will include: case management and support services, drug testing, drug abuse
prevention and recovery program, daily living skills, and job skills training.
Services will be provided 43 hours per week, 52 weeks per year for a total of approximately 2,236
hours during the grant period. The services will be provided by 1.5 FTE staff members, a
combination of case manager, case management support workers and employment specialist.
Unit = 1 Hour
Unit Cost = $14.64
Unit Cost Budget:
Assessments
57 units @ 14.64 = 834.46
Substance Abuse Testing, Prevention and Recovery Programming
1,179 units @ 14.64 = 17,260.54
Case Management
550 units @ 14.64 = $ 8,052
Life and Job Skills Training
450 units @ 14.64 = $ 6,588
Unit Cost Calculation: 2,236 hours x 14.64 = $ 32,725
TOTAL BUDGET: $ 32,725
CONTRACT
Monroe County will execute a contract with Heron-Peacock Supported Living for the period of
October 1, 2009 through September 30, 2010 to cover the grant period. A copy of the executed
contract will be sent to FDLE.
Application Ref #
Contract
201 0-JAGC-1 056
-JAGC-MONR- - -
Section #4 Page 2 of 4
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section Questions:
Question: If salaries and benefits are included in the budget as actual costs for staff in the
implementing agency, is there a net personnel increase, or a continued net personnel
increase from the previous Byrne program?
Answer: NA
Question: If benefits are to be included, are they reflected in the budget narrative?
Answer: NA
Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or
implementing agency, if it is the sheriff's office.
Answer: Monroe County's OCO threshold is $1,000.
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: NA
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: Unit Cost Basis:
Salaries:
Case Worker Team Leader
35% of 29,460 = $10,247
Case Worker
45% of 29,460 = $10,247
PT Case Support Worker
45% of 11,440 = $ 5,148
PT Employment Trainer
45% of 11,440 = $ 5,148
No Benefits
Total Salaries = 31,775
Expenses
Drug Test Kits:
73 x 13.01 = $ 950
Total Expenses: $950
Services will be provided 43 hours per week, 52 weeks per year for a total of
approximately 2,236 hours during the grant period.
Application Ref # 201 0-JAGC-1 056 Section #4 Page 3 of 4
Contract -JAGC-MONR- - -
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Total Budget = $32,723
Total Units = 2,236
Unit Cost = 14.64 ($32,725/2236)
Application Ref #
Contract
201 0-JAGC-1 056
-JAGC-MONR- - -
Section #4 Page 4 of 4
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section 5: Standard Conditions
Insert Standard Conditions Page here.
Application Ref #
Contract
201 0-JAGC-1 056
-JAGC-MONR- - -
Section #5 Page 1 of 1
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
I Standard Conditions
Conditions of agreement requiring compliance by units of local government (subgrant recipients),
implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in
this section. Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding. Failure to comply with provisions of this agreement will result in
required corrective action up to and including project costs being disallowed and termination of the
project, as specified in item 17 of this section.
1. All Subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance
Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines
and requirements and Florida laws and regulations including but not limited to:
· Florida Administrative Code, Chapter 110-9, "Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program"
· Office of Management and Budget (OM B) Circular A-21 (2 CFR 220), "Cost Principles for
Educational Institutions"
· OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal
Governments"
· OMB Circular A-102, "Grants and Cooperative Agreements with State and Local
Governments"
· OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and
Cooperative Agreements"
· OMB Circular A-122 (2 CFR 230), "Cost Principles for Non-Profit Organizations"
· OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit
Organizations"
· 28 CFR 38, "Equal Treatment for Faith-Based Organizations"
· 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local
Governments" (Common Rule)
· 28 CFR 83, "Government-Wide ReqUirements for Drug-Free Workplace (Grants)"
. 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63
· Public Law 109-162, Title XI-Department of Justice Reauthorization, Subtitle B-
Improving the Department of Justice's Grant Programs, Chapter 1-Assisting Law
Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program
and Local Law Enforcement Block Grant Program
· 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles and standards for selected cost items set forth in the Office of Justice Programs
Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments
and federal OMB Circular A-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-102, and Florida law to be eligible for reimbursement.
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
3. Reports
a. Project Performance Reports
(1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, within 15 days after the end of the reporting period. In addition, if the
subgrant award period is extended beyond the "original" project period, additional
Quarterly Project Performance Reports shall be submitted.
Failure to submit Quarterly Performance Reports that are complete, accurate, and timely
may result in sanctions, as specified in item 17, Performance of Agreement Provisions.
(2) Report Contents: Performance reports must include a response to all objectives included
in your subgrant. A detailed response is required in the narrative portion for yes/no
performance objectives. The narrative must also reflect on accomplishments for the
quarter and identify problems with project implementation and address actions being
taken to resolve the problems.
b. Financial Reports
(1) Project Expenditure Reports
(a) The subgrant recipient shall have a choice of submitting either a Monthly or a
Quarterly Project Expenditure Report to the Department. Project Expenditure
Reports are due thirty-one (31) days after the end of the reporting period. In addition,
if the subgrant award period is extended, additional Project Expenditure Reports shall
be submitted. Project Expenditure Reports for grants made under the Recovery Act
must be submitted monthly. See the Recovery Act Conditions for additional
information.
(b) All project expenditures for reimbursement of subgrant recipient costs shall be
submitted on the Project Expenditure Report Forms prescribed and provided by the
Office of Criminal Justice Grants (OCJG) through the Subgrant Information
Management ON-line (SIMON) system.
(c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-
audit and post-audit.
(d) Before the "final" Project Expenditure Report will be processed, the subgrant
recipient must submit to the Department all outstanding project reports and must
have satisfied all special conditions. Failure to comply with the above provisions
shall result in forfeiture of reimbursement.
(e) Reports are to be submitted even when no reimbursement is being requested.
(2) The Financial Closeout Documentation shall be submitted to the Department within forty-
five (45) days of the subgrant termination date.
(3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income
Reports to the Department within 31 days after the end of the reporting period covering
subgrant project generated income and expenditures during the previous quarter. If any
PGI remains unspent after the subgrant ends, the subgrant recipient must continue
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
submitting quarterly PGI reports until all funds are expended. (See Item 10, Program
Income.)
c. Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs
Financial Guide, the Common Rule, and OMB Circulars A-21, A-8?, and A-110, or A-102 as
applicable, in their entirety.
c. All funds not spent according to this agreement shall be subject to repayment by the subgrant
recipient.
5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
7. Advance Funding
Advance funding shall be provided to a subgrant recipient upon a written request to the
Department.
8. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds.
The trust fund mayor may not be an interest bearing account.
b. The account may earn interest, but any earned interest must be used for program purposes
and expended before the subgrant end date. Any unexpended interest remaining at the
end of the subgrant period must be submitted to the Office of Criminal Justice Grants for
transmittal to the Bureau of Justice Assistance.
9. Travel and Training
The cost of all travel shall be reimbursed according to the subgrant recipient's written travel
policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be
reimbursed according to S 112.061, Fla. Stat.
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
10. Program Income (also known as Project Generated Income)
a. All income generated as a direct result of a subgrant project shall be deemed program
income.
b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report
to report how much PGI was earned during each quarter. A report must be submitted each
quarter even if no PGI was earned or expended.
c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants.
Program income must be used for the purposes of and under the conditions applicable to
the award. If the cost is allowable under the Federal grant program, then the cost would be
allowable using program income.
d. Program income should be used as earned and expended as soon as possible. Any
unexpended PGI remaining at the end of the Federal grant period must be submitted to the
Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance.
11. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment
of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs)
for an eight-hour day. Approval shall be based upon the contract's compliance with requirements
found in the Financial Guide, the Common Rule, and in applicable state statutes. The
Department's approval of the subgrant recipient agreement does not constitute approval of
consultant contracts. If consultants are hired through a competitive bidding process (not sole
source), the $450 threshold does not apply.
12. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to ~ 274, Fla. Stat.
b. The subgrant recipient shall establish and administer a system to protect, preserve, use,
maintain and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement according to federal property management standards set forth in
the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for
State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable.
This obligation continues as long as the subgrant recipient retains the property,
notwithstanding expiration of this agreement.
13. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed by the terms of the Office of Justice Programs
Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and
Local Governments, or the federal OMB Circular A-11 0 or A-1 02, as applicable.
14. Copyright
The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that will be published, including web-based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following statements:
"This project was supported by Award No. [contact the Office of Criminal Justice Grants for award
number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions,
findings, and conclusions or recommendations expressed in this publication/program/exhibition
are those of the author(s) and do not necessarily reflect the views of the Department of Justice."
16. Audit
a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program-specific audit conducted for that year. The audit shall be performed in
accordance with the federal OMB Circular A-133 and other applicable federal law. The
contract for this agreement shall be identified in the Schedule of Federal Financial Assistance
in the subject audit. The contract shall be identified as federal funds passed through the
Florida Department of Law Enforcement and include the contract number, CFDA number,
award amount, contract period, funds received and disbursed. When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of ~
11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; ~ 215.97, Fla. Stat. ,
"Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local
Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit
and For-Profit Organizations."
b. A complete audit report that covers any portion of the effective dates of this agreement must
be submitted within 30 days after its completion, but no later than nine (9) months after the
audit period. In order to be complete, the submitted report shall include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is issued, unless extended in writing by the Department.
f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this
case, written notification, which can be in the form of the "Certification of Audit Exemption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt. This notice shall be provided to the Department no later than
March 1 following the end of the fiscal year.
SFY 2010 Page 5
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or written notification of audit exemption should be sent to the
following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the
subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
18. Commencement of Project
a. If a project is not operational within 60 days of the original start date of the award period, the
subrecipient must report by letter to the Department the steps taken to initiate the project, the
reasons for delay, and the expected start date.
b. If a project is not operational within 90 days of the original start date of the award period, the
subrecipient must submit a second statement to the Department explaining the
implementation delay.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-
obligate subgrant funds to other Department approved projects. The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written adjustment to this agreement.
19. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
reason of any failure in performance of this agreement according to its terms (including any
failure by the subgrant recipient to make progress in the execution of work hereunder which
endangers such performance) if such failure arises out of causes beyond the control and
without the fault or negligence of the subgrant recipient. Such causes include, but are not
limited to, acts of God or of the public enemy, acts of the government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
SFY 2010 Page 6
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly.
20. Written Approval of Changes in this Approved Agreement
a. Subgrant recipients must obtain prior approval from the Department for major substantive
changes such as changes in project activities, target populations, service providers,
implementation schedules, project director, and designs or research plans set forth in the
approved agreement and for any budget changes that will transfer more than 10% of the total
budget between budget categories.
b. Subgrant recipients may transfer up to 10% of the total budget between current, approved
budget categories without prior approval as long as the funds are transferred to an existing
line item
c. Under no circumstances can transfers of funds increase the total budgeted award.
21. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes,
disagreements, or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The
subgrant recipient's right to appeal the Department's decision is contained in S 120, Fla. Stat.,
and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to
appeal within this time frame constitutes a waiver of proceedings under S 120, Fla. Stat.
22. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time, a
representative of the Department, of the U.S. Department of Justice, or the Auditor General of the
State of Florida, have the right of visiting the project site to monitor, inspect and assess work
performed under this agreement.
23. Access To Records
a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S.
Department of Justice, the U.S. Comptroller General or any of their duly authorized
representatives, shall have access to books, documents, papers and records of the subgrant
recipient, implementing agency and contractors for the purpose of audit and examination
according to the Financial Guide and the Common Rule.
b. The Department reserves the right to unilaterally terminate this agreement if the subgrant
recipient, implementing agency, or contractor refuses to allow public access to all documents,
papers, letters, or other materials subject to provisions of S 119, Fla. Stat. , and
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
made or received by the subgrant recipient or its contractor in conjunction with this
agreement.
c. The subgrant recipient will give the awarding agency or the General Accounting Office,
through any authorized representative, access to and the right to examine all paper or
electronic records related to the financial assistance.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
25. Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to the approved agreement. The prior mentioned individuals
have authority to sign or make amendments to the Sole Source, ADP Justification and the
Privacy Certification forms. The Project Director has authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief officer or elected official must submit to the
Department a letter or resolution indicating the person given signature authority. The letter
indicating delegation of signature authority must be signed by the chief officer or elected official
and the person receiving signature authority. The letter must also specify the authority being
delegated.
27. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for
the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the
Department must be notified in writing with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless otherwise provided by law, the provisions of S 435, Fla. Stat. shall
apply.
a. All positions in programs providing care to children, the developmentally disabled, or
vulnerable adults for 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotline; and all persons working under contract who have
access to abuse records are deemed to be persons and positions of special trust or
responsibility and require employment screening pursuant to S 435, Fla. Stat., using the level
2 standards set forth in that chapter.
b. All employees in positions designated by law as positions of trust or responsibility shall be
required to undergo security background investigations as a condition of employment and
continued employment. For the purposes of the subsection, security background
investigations shall include, but not be limited to, employment history checks, fingerprinting
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency or employee. When fingerprinting is required, the fingerprints of the employee
or applicant for employment shall be taken by the employing agency or by an
authorized law enforcement officer and submitted to the Department of Law
Enforcement for processing and forwarding, when requested by the employing agency,
to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of Law Enforcement for any costs incurred by it in the
processing of the fingerprints.
29. Drug Court Projects
A Drug Court Project must comply with S 397.334, Fla. Stat., "Treatment-Based Drug Court
Programs."
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence System
The subgrant recipient agrees that any information technology system funded or supported by the
Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence
Systems Operating Policies, if the Office of Justice Programs determines this regulation to be
applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable,
the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28
C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as
per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of the Office of Justice Programs Financial Guide is required from all projects
that are involved with confidential funds. The signed certification must be submitted at the time of
grant application.
33. Equal Employment Opportunity (EEO)
a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of
race, color, national origin, religion, sex, disability, or age in funded programs or activities. All
subgrant recipients and implementing agencies must comply with any applicable statutorily-
imposed nondiscrimination requirements, which may include the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. S 3789d); the Victims of Crime Act (42 U.S.C. S
10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. S
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
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5672(b)); the Civil Rights Act of 1964 (42 U.S.C. S 2000d); the Rehabilitation Act of 1973 (29
U.S.C. S 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. S 12131-34); the
Education Amendments of 1972 (20 U.S.C. SS1681, 1683, 1685-86); the Age Discrimination
Act of 1975 (42 U.S.C. SS 6101-07); and Department of Justice Non-Discrimination
Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith-
based and community organizations).
b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more
employees and it has received any single award of $25,000 or more from the Department of
Justice. The plan must be prepared using the on-line short form at
http://www.ojp.usdoj.gov/aboutlocr/eeop_comply.htm. must be retained by the subgrant
recipient or implementing agency, and must be available for review or audit. The
organization must also submit an EEO Certification to FDLE.
c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has
received any single award of $500,000 or more from the Department of Justice, it must
submit its plan to the Department of Justice for approval. A copy of the Department of
Justice approval letter must be submitted to FDLE. The approval letter expires two years
from the date of the letter.
d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is
has fewer than 50 employees or if it does not receive any single award of $25,000 or more
from the Department of Justice or if it is a nonprofit organization, a medical or educational
institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it
must submit an EEO Certification to FDLE.
e. The subgrant recipient and implementing agency acknowledge that failure to comply with
EEO Requirements within 60 days of the project start date may result in suspension or
termination of funding, until such time as it is in compliance.
f. In the event a Federal or State court of Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
of the finding to the Office for Civil Rights, Office of Justice Programs.
34. Americans with Disabilities Act
Subgrant recipients must comply with the requirements of the Americans with Disabilities Act
(ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the
basis of disability and requires certain accommodations be made with regard to employment
(Title I), state and local government services and transportation (Title II), public accommodations
(Title III), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
36. National Environmental Policy Act (NEPA)
a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National
Historic Preservation Act, and other related federal environmental impact analyses
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
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requirements in the use of subgrant funds by the subgrant recipient. This applies to the
following new activities whether or not they are being specifically funded with these subgrant
funds. That is, it applies as long as the activity is being conducted by the subgrant recipient
or any third party and the activity needs to be undertaken in order to use these subgrant
funds,
(1) New construction;
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on
the National Register of Historic Places or (b) located within a 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.
(5) Implementation of a program relating to clandestine methamphetamine laboratory
operations, including the identification, seizure, or closure of clandestine
methamphetamine laboratories.
b. The subgrant recipient understands and agrees that complying with NEPA may require the
preparation of an Environmental Assessment and/or an Environmental Impact Statement, as
directed by the Bureau of Justice Assistance. The subgrant recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed by the
Department of Justice, for programs relating to methamphetamine laboratory operations.
c. For any of a subgrant recipient's existing programs or activities that will be funded by these
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with the Department of Justice in any preparation
by Department of Justice of a national or program environmental assessment of that funded
program or activity.
37. Non-Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And
Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall
not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless
authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and
implementing agency certify that they and their principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1 )(b) of this certification; and
d. Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more.
b. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person
who fails to file the required certification is subject to a civil penalty of not less than $10,000
and not more than $100,000 for each failure to file.
c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant
certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that all sub-recipients shall
certify and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Additional Restrictions on Lobbying
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of the Office of
Justice Programs.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
41. "Pay - to - Stay"
Funds from this award may not be used to operate a "pay-to-stay" program in any local jail.
Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local
jail," as referenced in this condition, means an adult facility or detention center owned and/or
operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-
stay" programs as referenced in this condition, means a program by which extraordinary services,
amenities and/or accommodations, not otherwise available to the general inmate population, may
be provided, based upon as offender's apparent ability to pay, such that disparate conditions of
confinement are created for the same or similar offenders within a jurisdiction.
42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
If an award is made to support methamphetamine laboratory operations the subgrant recipient
must comply with this condition, which provides for individual site environmental
assessment/impact statements as required under the National Environmental Policy Act.
a. General Requirement The subgrant recipient agrees to comply with Federal, State, and
local environmental, health and safety laws and regulations applicable to the investigation
and closure of clandestine methamphetamine laboratories and the removal and disposal of
the chemicals, equipment, and wastes used in or resulting from the operation of these
laboratories.
b. Specific Requirements: The subgrant recipient understands and agrees that any program or
initiative involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste from a seized laboratory's operations are placed or come to rest.
Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible
adverse health, safety and environmental impacts from any of clandestine
methamphetamine operations funded under this award, it will (1) include the nine, below
listed protective measures or components; (2) provide for their adequate funding to include
funding, as necessary, beyond that provided by this award; and (3) implement these
protective measures directly throughout the life of the subgrant. In so doing, the subgrant
recipient understands that it may implement these protective measures directly through the
use of its own resources and staff or may secure the qualified services of other agencies,
contractor or other qualified third party.
(1) Provide medical screening of personnel assigned or to be assigned by the subgrant
recipient to the seizure or closure if of clandestine methamphetamine laboratories;
(2) Provide Occupational Safety and Health Administration (OSHA) required initial and
refresher training for law enforcement officials and other personnel assigned by the
subgrant recipient to either the seizure or closure of clandestine methamphetamine
laboratories;
(3) As determined by their specific duties, equip personnel assigned to the project with
OSHA required protective wear and other required safety equipment;
(4) Assign properly trained personnel to prepare a comprehensive contamination report on
each closed laboratory;
(5) Employ qualified disposal contractors to remove all chemicals and associated
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
glassware, equipment, and contaminated materials and wastes from the site(s) of each
seized clandestine laboratory;
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, properly licensed recycling facilities;
(7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6
immediately above in order to ensure proper compliance;
(8) Have in place and implement an inter-agency agreement or other form of commitment
with a responsible State environmental agency that provides for that agency's (i) timely
evaluation of the environmental conditions at and around the site of a closed clandestine
laboratory and (ii) coordination with the responsible party, property owner, or others to
ensure that any residual contamination is remediated, if necessary, and in accordance
with existing State and Federal requirements; and
(9) Have in place and implement a written agreement with the responsible state or local
service agencies to properly respond to any minor, as defined by state law, at the site.
This agreement must ensure immediate response by qualified personnel who can (i)
respond to the potential health needs of any minor at the site; (ii) take that minor into
protective custody unless the minor is criminally involved in the meth lab activities or is
subject to arrest for other criminal violations; (iii) ensure immediate medical testing for
methamphetamine toxicity; and (iv) arrange for any follow-up medical tests,
examinations, or health care made necessary as a result of methamphetamine toxicity.
43. Limited English Proficiency (LEP)
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of
1964,42 U.S.C. S 2000d, recipients of Federal financial assistance must take reasonable steps to
provide meaningful access to their programs and activities for persons with LEP. For more
information on the civil rights responsibilities that recipients have in providing language services
to LEP individuals, please see the website at http://www.lep.qov.
44. The Coastal Barrier Resources Act
The subgrant recipient will comply and assure the compliance of all contractors with the
provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC
3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the
Coastal Barrier Resources System.
45. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a. Have an adequate process to assess the impact of any enhancement of a school security
measure that is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken.
b. Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
46. Environmental Protection Agency's (EPA) list of Violating Facilities
The subgrant recipient assures that the facilities under its ownership, lease or supervision which
shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
Violating Facilities and that it will notify the Department of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA.
47. Flood Disaster Protection Act
The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of
1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in
communities where such insurance is available as a condition of the receipt of any federal
financial assistance for construction or acquisition purposes for use in any area that has been
identified as an area having special flood hazards.
48. National Historic Preservation Act
It will assist the Department (if necessary) in assuring compliance with section 106 of the National
Historic Preservation Act of 1966 (16 U.S.C. S 470), Ex. Order 11593 (identification and
protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16
U.S.C. S 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. S 4321).
49. Omnibus Crime Control and Safe Streets Act
The subgrant recipient will comply and assure the compliance of all contractors, with the
applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as
appropriate; the provisions of the current edition of the Office of Justice Program Financial and
Administrative Guide for Grants; and all other applicable State and Federal laws, orders,
circulars, or regulations.
50. Human Research Subjects
Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
51. National Information Exchange Model specifications
To support public safety and justice information sharing, the Office of Justice Programs requires
the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines
for this particular grant. Grantee shall publish and make available without restriction all schemas
generated as a result of this grant to the component registry as specified in the guidelines. For
more information on compliance with this condition, visit
http://www.niem.Qov/implementationQuidephp.
52. Reporting, Data Collection and Evaluation
The subgrant recipient agrees to comply with all reporting, data collection and evaluation
requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the
Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the
Bureau of Justice Assistance.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
53. Privacy Certification
The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section
3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or
information. Grantee further agrees, as a condition of grant approval, to submit a Privacy
Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section
22.23.
54. State Information Technology Point of Contact
The subgrant recipient agrees to ensure that the State Information Technology Point of Contact
receives written notification regarding any information technology project funded by this grant
during the obligation and expenditures period. This is to facilitate communication among local
and state governmental entities regarding various information technology projects being
conducted with these grant funds. In addition, the recipient agrees to maintain an administrative
file documenting the meeting of this requirement. For a list of State Information Technology
Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1 046.
55. Interstate Connectivity
To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of
Justice Assistance for law enforcement information sharing systems which involve interstate
connectivity between jurisdictions, such systems shall employ, to the extent possible, existing
networks as the communication backbone to achieve interstate connectivity, unless the subgrant
recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this
requirement would not be cost effective or would impair the functionality of an existing or
proposed IT system.
56. Supplanting
The subgrant recipient agrees that funds received under this award will not be used to supplant
State or local funds, but will be used to increase the amounts of such funds that would, in the
absence of Federal funds, be made available for law enforcement activities.
57. Conflict of Interest
The subgrant recipient and implementing agency will establish safeguards to prohibit employees
from using their positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest, or personal gain.
58. Uniform Relocation Assistance and Real Property Acquisitions Act
The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance
and Real Property Acquisitions Act of 1970 (42 U.S.C. S 4601 et seq.), which govern the
treatment of persons displaced as a result of federal and federally-assisted programs.
59. Limitations on Government Employees Financed by Federal Assistance
The subgrant recipient will comply with requirements of 5 U.S.C. SS 1501-08 and SS 7324-28,
which limit certain political activities of State or local government employees whose principal
employment is in connection with an activity financed in whole or in part by federal assistance.
60. Equal Treatment for Faith Based Organizations
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the
Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
"Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that
Department of Justice grant awards of direct funding may not be used to fund any inherently
religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in
time or place from the Department of Justice funded program, and participation in such activities
by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal
Treatment Regulation also makes clear that organizations participating in programs directly
funded by the Department of Justice are not permitted to discriminate in the provision of services
on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award,
faith based organizations may, in some circumstances, consider religion as a basis for
employment. See http://www.ojp.gov/aboutlocr/equaUbo.htm.
61. Certification for Employees Working Solely on a Single Federal Award
Any project staff that are fully funded by the grant must certify that they worked solely on the
grant. The certification must be prepared at least semi annually and must be signed by the
employee and by a supervisory official having first hand knowledge of the work performed by the
employee.
SFY 2010
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
State of Florida
Deparbnent of Law Enforcement
OffIce of Criminal Justice Grants
Signature:
Typed Name and Title:
Date:
Subgrant Recipient
Authorizing Offtclal of Governmental Unit
(Commlaston Chalnnan, Mayor, or Designated Repl'888ntatlve)
Typed Name of Subgrant Recipient:
Signature:
Typed Name and Title:
Date:
Implementing Agency
OffIcial, Administrator or Designated Representative
Typed Name of Implementing Agency:
Signature:
Typed Name and Title:
Date:
Application Ref #
Contract
201 0-JAGC-1 056
-JAGC-MONR- - -
Section #6 Page 1 of 1
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Insert Certifications and Authorizations here.
Application Ref #
Contract
201 0-JAGC-1 056
-JAGC-MONR- - -
Section #7 Page 1 of 1
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
CERTIFICATION FORM
Recipient Name and Address: Monroe County Board of County Commissioners
Grant Title: Preventing RecidMsm for Mentally III Adulls 10 Incarceration and Substance Abuse Grant Number: 201 0-JAGC-1 056 A ward Amount: $32,725
Contact Person Name and Title: Lisa Tennyson, Grants Administrator
Phone Number: (305)292-4444
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R ~~ 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need to submit the EEO P to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the lim ited exemption from the submission requirement, must complete Section 8
below. A recipient should complete either Section A or Section 8, not both. lfa recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7th Street, N. W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that
apply.
o
o
o
Recipient has less than 50 em ployees,
Recipient is a non-profit organization,
Recipient is a medical institution,
o Recipient is an Indian tribe,
o Recipient is an educational institution, or
o Recipient is receiving an award less than $25,000
I, [responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R S42.302. I further certify that
[recipient] will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title
Signature
Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is On File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. ~ 42.305):
I, Roman Gastesi, Jr., County Administrator [responsible official], certify that
the Monroe County Board of County Commissioners [recipient],which has 50 or more
employees and is receiving a single award or sub award for $25,000 or more, but less than $500,000, has formulated an
EEOP in accordance with 28 CFR S42.30 I, et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: Calvin Allen, EEO Officer, Monroe County BOCC [organization],
at 1100 Simonton Street, Key West, Florida 33040 [address],for review by the public and
employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations.
Roman Gastesi, Jr., County Administrator
Print or type Name and Title
Signature
Date
OMB Approval No 1121-0140
Expiratton Date 01131/06
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Bvrne Memorial Justice Assistance Grant Program
Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and
Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28
CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000, as defined at 28 CFR Part 69, the applicant certifies that
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned. to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
making of any federal grant. the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal
grant or cooperative agreement;
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or an employee of Congress, or an
employee of a member of Congress in connection with this federal grant or
cooperative agreement, the undersigned shall complete and submit Standard
Form - LLL. "Disclosure of Lobbying Activities", in accordance with its instructions;
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subgrants,
contracts under grants and cooperative agreements, and subcontracts) and that all
subrecipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67, Section 67.510-
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any federal department or
agency;
FDLE JAG Grant Application Package
(b) Have not within a three-year period preceding this application
been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement,
theft forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State. or local) with
commission of any of the offenses enumerated in paragraph (1) (b) of
this certification; and
(d) Have not within a three-year period preceding this application
had one or more public transactions (Federal, State, or local)
terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in
this certification, he or she shall attach an explanation to this
application.
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
at 28 CFR Part 67 Sections 67.615 and 67.620-
A. The applicant certifies that it will or will continue to provide a drug-
free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution. dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to inform
employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation. and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification
Page 1
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
(e) Making it a requirement that each employee to be engaged in the performance
of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that. as a
condition of employment under the grant. the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring In the workplace no later than five calendar days
after the conviction;
Check here _ If there are workplaces on file that are not identified
here.
(e) Notifying the agency, In writing, within 10 calendar days after receiving notice
under subparagraph (d) (2) from an employee or otherwise receiving actual notice
of such conviction. Employers of convicted employees must provide notice
including position title, to: Department of Justice, Office of Justice Programs,
ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice
shall include the Identification number(s) of each affected grant;
Section 67.630 of the regulations provides that a grantee that is a
State may elect to make one certification in each Federal fiscal year.
A copy of which should be Included with each application for
Department of Justice funding. States and State agencies may elect
to use OJP Form 406117.
Check here _ If the State has elected to complete OJP Form
406117.
(f) Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and
Including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring such employee to participate satisfactorily In a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health, law enforcement, or other appropriate agency;
As required by the Drug-Free Workplace Act of 1966, and
implemented at 26 CFR Part 67, Subpart F, for grantees, as defined
at 28 CFR Part 67; Sections 67.615 and 67.620-
(g) Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (I).
A. As a condition of the grant, I certify that I will not engage in the
unlawful manufacture. distribution, dispensing, possession, or use of
a controlled substance in conducting any activity with the grant; and
B. The grantee may insert in the space provided below the slte(s) for the
performance of work done in connection with the specific grant:
B. If convicted of a criminal drug offense resulting from a violation
occurring during the conduct of any grant activity, I will report the
conviction, in writing, within 10 calendar days of the conviction, to:
Department of Justice, Office of Justice Programs. ATTN: Control
Desk, 633 Indiana Avenue. N.W.. Washington, D.C. 20531.
Place of Performance (Street address, city, county, state, zip code)
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
1. Grantee Name and Address:
2. Project Name:
3. Typed Name and Title of Authorized Representative:
4. Signature:
5. Date:
FDLE JAG Grant Application Package
Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification
Page 2
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Subgrant Recipient
Organization Name: Monroe County Board of Commissioners
County: Monroe
Chief Official
Name:
Title:
Address:
City:
State:
Phone:
Fax:
Email:
George Neugent
Mayor
1100 Simonton Street
Key West
FL Zip: 33040
305-289-6039 Ext:
305-872-9195
boccdis 1 @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
Email: dkolhage@monroe-c1erk.com
Application Ref #
Contract
2010-JAGC-1081
-JAGC-MONR- - -
Section #1 Page 1 of 2
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Implementing Agency
Organization Name:
County:
Monroe County Board of Commissioners
Monroe
Chief Official
Name: George Neugent
Title: Mayor
Address: 1100 Simonton Street
City: Key West
State: FL Zip: 33040
Phone: 305-289-6039 Ext:
Fax: 305-872-9195
Email: boccdis1@monroecounty-f1.gov
Project Director
Name: Lisa Tennyson
Title: Grants Administrator
Address: 1100 Simonton Street
Room 2-213
Key West
FL
305-292-4444
City:
State:
Phone:
Fax:
Email:
Zip:
Ext:
33040
T ennyson-Lisa@monroecounty-f1.gov
Application Ref #
Contract
201 0-JAGC-1 081
-JAGC-MONR- - -
Section #1 Page 2 of 2
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
t~;.,;,"...
--~~.~~.~-~.......-,......------~-~
General Project Information
Project Title: DRUG COURT PROGRAM-URINALYSIS LAB ENHANCEMENT
Subgrant Recipient: Monroe County Board of Commissioners
Implementing Agency: Monroe County Board of Commissioners
Project Start Date: 10/1/2009 End Date: 9/30/2010
Problem Identification
1. Problem Identification:
Over the past four years the Drug Court Program Laboratory has moved from just serving the
Monroe County Drug Courts to providing highly accurate drug tests for other law enforcement and
substance abuse provider agencies throughout the County. The growth of the lab has
necessitated the new position of Laboratory Manager. The addition of this position will not only
provide the additional supervision that is needed to administer and oversee the process of
conducting urinalysis to the present clientele, but it will also recognize and respond to the growth
that has occurred and will occur as the lab offers its services to a wider community clientele.
a. Problem Description:
The demand for drug testing for substance abusing offenders in Monroe County far exceeds the
present Drug Court Laboratory's present capacity. In 1990 the urinalysis component began under
the Pretrial Services Program for criminal defendant's arrested for substance related charges,
released to the community, pending disposition of their cases. The need for urinalysis services
multiplied with the insurgence of Adult Diversion Drug Court in 1993, Juvenile Drug Court in 1996,
and Family Treatment Dependency Drug Court in 2000. The 2008 lab numbers have significantly
increased.
In the current fiscal year we have added three new contracts with community agencies. Additional,
we are installing a new analyzer, the "Olympus 400 Delivery System". This "State of the Art"
machine will allow the lab to double its capacity and maintain a cost that is significantly below other
commercial rates in and out of Monroe County. In conjunction with the analyzer installation, we
are negotiating lab service contracts with additional Monroe County agencies and the City of Key
West. We can offer such agencies a way to reduce costs at a time when budgets are being
reduced. With the advent of our new machine and the volume service increase, we need to create
a new position of Laboratory Manager to oversee the lab and its expansion.
Problem Significance:
Drug testing promotes public safety by alerting the referral agent of drug use and increased risk of
criminal activity. It also allows for immediate intervention by such agencies at the point of relapse.
Abstinence from alcohol or other drug use is critical if a client is to benefit from participation in a
treatment program.
Testing urine for the presence of alcohol or other drugs serves to monitor and confirm client drug
use or abstinence. The consumption of illegal substances is itself an illegal action and people who
consume illegal substances commit more crimes than those who do not. Prompt and accurate test
results promote open and honest communication among all parties. Testing actively involves
program participants in the treatment process rather than reducing them to the role of passive
recipient of services. Positive test results compel clients to accept responsibility for their actions
and reduce their
Application Ref #
Contract
2010-JAGC-1081
-JAGC-MONR- - -
Section #2 Page 1 of 5
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
~...".-. .c=....'....... .......... ...................... .
",<,',~;.,,'/:.;5:',~ .:-,',--" ','/<'\' "
,,<>:,,','_-, _,"0
:;":;'>>',i';c,,;-_-?::.,' :''>''<' '-'.'
tendency to deny their drug use.
Frequent court-ordered alcohol and other drug testing is essential. An accurate testing program is
the most objective and efficient way to establish a framework for accountability and to gauge each
participant's progress. Modern technology offers highly reliable testing to determine if an
individual has recently used specific drugs.
Further, it is commonly recognized that alcohol use frequently contributes to relapse among
individuals whose primary drug of choice is not alcohol. The Drug Court Laboratory Program is a
comprehensive urinalysis facility, providing drug testing services to adults, children and families in
the Upper, Middle, and Lower Keys of Monroe County.
The Lab facility is located at 3139 Riviera Drive, Key West, Florida, operating Mondays 8:30am to
11 :30am and 2:00pm to 5:00pm, Wednesdays 8:30am to 11 :30am, Thursdays 2:00pm to 5:00Pm,
and Fridays 8:30am to 11 :30am. The Middle Keys facility is located at the Marathon Court House
Annex, 3117 Overseas Hwy, mile marker 48.5, Marathon, Florida, operating Mondays and
Thursdays from 5:30pm to 7:00pm. The Upper Keys facility is located at the Plantation Key Drug
Court Office, 88800 Overseas Highway Ellis Building, 2nd floor, Tavernier, Florida, operating
Mondays 3:30pm to 5:30pm, and Thursdays 5:30pm to 6:45pm.
The program is staffed with gender specific collection observers during operational hours. As a
result of 2008 budget cuts, the Key West part-time (.5FTE) tech position was cut, and now other
Drug Court Employees are now supervising the specimen submissions in Key West. The
counselors are spending valuable, limited time supervising urine submissions, which could
otherwise be spent treating clients. The funding of this new managerial position would reduce the
need for Key West Drug Court Counselors to supervise urine drops, and allow them to focus on
treating the clients.
In an effort to promote public safety, provide the Court and other programs with pertinent
information relating to a client?s drug use, the Drug Court Laboratory has been providing
countywide urinalysis services for, the Courts per Judicial request, Adult Diversion Drug Court,
Family Treatment Dependency Drug Court, Juvenile Drug Court, The Department of Juvenile
Justice, IDDS(lntensive Delivery of Diversion Services), A Positive Step, for adjudicated
delinquents, The Department of Children and Families protective investigations unit, Wesley
House (The community based care provider for the parents of abused and neglected children),
The Florida Keys Children Shelter, Teen Court, The Care Center for Mental Health, The Guidance
Clinic of the Middle Keys, and Pretrial Services, and other agencies.
c. Needs Assessment:
Four years ago (fiscal year 10/01/04 to 09/30/05) the lab served 428 clients and conducted 44,697
urinalysis tests. In 2004/2005, one full-time female lab tech was employed to supervise female
specimen submissions in Key West, and to conduct the countywide specimen testing. In Key
West, a part-time male tech, working twenty hours a week was also employed to supervise the
male specimen submissions. A part-time male tech, working ten hours a week, supervised male
specimen submissions, and the Drug Court Counselors supervised the female specimen
submissions in the Upper and Middle Keys. At the end of the last fiscal year (10/01107-09/30/08)
the numbers had increased to 898 clients and 72,131 urinalysis tests. The comparison yields a
forty-eight
Application Ref #
Contract
2010-JAGC-1081
-JAGC-MONR- - -
Section #2 Page 2 of 5
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
r ....
percent (48%) increase in clients and a sixty-two percent (62%) increase in tests.
Project Summary
The Drug Court Program Enhanced Lab will have multiple beneficial effects: 1) It will provide
additional technical support in the delivery of direct urinalysis services; 2) It will provide supervision
for the other lab techs; 3) It will provide the needed managerial services to the lab; and 4) It will
provide a service, at a greatly reduced cost at a time when cost factors are a grave concern for
substance abuse and law enforcement programs and agencies throughout the County.
It will employ one new qualified full-time Laboratory Manager to supervise laboratory operations
and employees. The Laboratory Manager will be housed at the Drug Court Program Office located
at 3139 Riviera Dr. Key West, Florida. The proposed Laboratory Manager position will supervise
the lab technicians located in Plantation Key, Marathon, and Key West, as well as overseeing the
daily operations of the lab.
The addition of a Laboratory Manager will not only provide a new position needed to administer
and oversee the process of conducting urinalysis to the present clientele, but it will also recognize
and respond to the growth that has occurred and will continue to occur as the lab offers its
services to a wider network. In a real sense, this project will provide a service on two levels.
First, it will directly improve the processing of the increased number of service requests for
urinalysis by Monroe County programs. On a second level it will benefit county agencies
economically. It is a facilitative request. At a time when funding has become even more crucial to
county agencies, the Drug Court Urinalysis Program will be able to offer, to those county-wide
entities routinely conducting drug testing, a highly accurate and local facility that offers these
services at a greatly reduced cost.
Counselors are spending their valuable limited time supervising urine submissions, which could
otherwise be spent treating clients. The funding of this new managerial position would reduce the
need for Key West Drug Court Counselors to supervise urine drops, and allow them to focus on
treating clients.
The Laboratory Manager will receive referrals from open Court, Adult Diversion Drug Court,
Family Treatment Dependency Drug Court, Juvenile Drug Court, The Department of Juvenile
Justice, IDDS (Intensive Delivery of Diversion Services), A Positive Step (adjudicated delinquents),
The Department of Children and Families protective investigations unit, Wesley House (The
community based care provider for abused and neglected children), The Florida Keys Children
Shelter, Teen Court, The Care Center for Mental Health, The Guidance Clinic of the Middle Keys,
Pretrial Services, and other agencies.
The Laboratory Manager will ensure compliance with random or scheduled urinalysis drug
testing as stipulated in the Voluntary Agreements with the referring agency, in accordance with
national standards for the Drug Courts. Urine samples will be tested by a Drug and Alcohol Testing
Industry Associated (DA TIA) Certified Professional Collections Trainer.
Testing procedures will comply with commonly recognized guidelines such as those established by
the American Probation and Parole Association, and the Department of Transportation.
Application Ref #
Contract
2010-JAGC-1081
-JAGC-MONR- - -
Section #2 Page 3 of 5
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
The testing policy will be parallel to the Key Component #5 of the National Drug Court
Program's Ten Key Components: "Abstinence is monitored by frequent testing for alcohol and
other drugs." Abstinence from drug use is critical if a client is to benefit from participation in a Drug
Court treatment program. Testing urine for the presence of illegal substances serves to monitor
and confirm client drug use or abstinence. The consumption of illegal substances is itself an illegal
action and people who consume illegal substances commit more crimes than those who do not.
Urinalysis drug testing promotes public safety by alerting the Court to drug use and the
increased risk of criminal activity. It also allows for immediate intervention by Drug Court
counselors at the point of relapse. It is recognized that alcohol use often contributes to relapse
among those whose primary choice of drug is not alcohol.
Prompt and accurate test results promote open and honest communication among all parties.
Testing actively involves program participants in the treatment process rather than relegating them
to the role of passive recipient of services. Positive test results compel clients to accept
responsibility for their actions and reduce their tendency to deny their drug use.
Drug Testing Chain of Custody Procedures maintained by the laboratory manager consists of the
following steps: Certified Urinalysis Program Technicians provide clients with specific information
relevant to the basic rules and regulations of specimen collection, handling of samples, analysis,
testing and result reporting. This information is reviewed with clients to make certain they
understand it. Clients are informed about how drug test results are used, who receives the test
result information, and the consequences of either a positive test result or a refusal to test. The
client is informed that a refusal to test may be considered a missed drop, which may be a violation
of their program participation. This information will be reported to the Referral Agent.
Drug testing must be as valid and reliable a procedure as possible. Contributing to this validity
and reliability are the following: Urine specimen collection is directly observed. Clients are
required to produce a sample observed by the collector. Temperature and measurement of
creatine levels are verified to determine the extent of water loading. Urine analysis reports are
completed and reported to the designated authority within 48 hours of testing. When a client tests
positive, refuses testing, submits the sample of another person, or alters a sample, it is
communicated to the Referral Agent immediately.
Lab services will be conducted by a qualified Laboratory Manager, as determined by credentials
and experience noted on the job description, in accordance with laboratory certification mandates.
Application Ref #
Contract
2010-JAGC-1081
-JAGC-MONR- - -
Section #2 Page 4 of 5
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
f~,<2
Section Questions:
Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from
the U.S. Department of Justice?
Answer: No
Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or
more from the U.S. Department of Justice?
Answer: No
Application Ref #
Contract
2010-JAGC-1081
-JAGC-MONR- - -
Section #2 Page 5 of 5
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
r .
General Performance Info:
Performance Reporting Frequency:
Quarterly
Federal Purpose Area: 005 - Drug Treatment Programs
State Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State
Initiatives
Activity Description
Activity: Drug Testing
Target Group: Offenders of all types
Geographic Area: County-Wide
Location Type: Other
Address(es) :
Drug Court Laboratory
3139 Riviera Drive
Key West, FL 33040
Activity Description
Activity: Urinalysis
Target Group: Offenders of all types
Geographic Area: County-Wide
Location Type: Other
Objectives and Measures
Objective: 02.A.SI - Number of local initiatives planned
Measure: Part 1
Number of local initiatives planned
Goal: 1
Measure: Part 2
Number of local initiatives to be implemented
Goal: 1
Objective: 03.A.DS* - Number of individuals receiving services
Measure: Part 1
Number of individuals to receive services during the grant period
Application Ref #
Contract
201 0-JAGC-1 081
-JAGC-MONR- - -
Section #3 Page 1 of 3
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
l ]
Goal: 680
Measure: Part 2
Number of individuals to receive services during each reporting period
Goal: 170
State Purpose Area:
F - Contractual Support - Purchase Contractual Support
Activity Description
Activity: Contractual Support
Target Group: Contractual Support
Geographic Area: County-Wide
Location Type: Other
Address(es) :
Drug Court Laboratory
3139 Riviera Drive
Key West. FL 33040
Objectives and Measures
Objective: 29.F.SI - Number of contractual support hours paid with JAG funds
Measure: Part 1
Number of hours to be paid with JAG funds for contractual support
Goal: 1716
Application Ref #
Contract
2010-JAGC-1081
-JAGC-MONR- - -
Section #3 Page 2 of 3
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
~x<,
Section Questions:
Question: If "other" was selected for the geographic area, please describe.
Answer: NA
Question: If "other" was selected for location type, please describe.
Answer: The site is the Drug Court Laboratory Facility located at 3139 Riviera Drive, Key
West, Florida, 33040.
Application Ref #
Contract
2010-JAGC-1081
-JAGC-MONR- - -
Section #3 Page 3 of 3
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
. -_._._.............:._._~---~---"---~-~-~_.- ..
General Financial Info:
Note: All financial remittances will be sent to the Chief Financial Officer
of the Subgrantei'~~ Or~FH1iz:atkm~
Financial Reporting Frequency for this Subgrant: Quarterly
Is the subgrantee a state agency?: No
FLAIR I Vendor Number: 596000749
Budget:
Budget Category Federal Match Total
Salaries and Benefits $0.00 $0.00 $0.00
Contractual Services $46,725.00 $0.00 $46,725.00
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 -- $46,725.00 $0.00 $46,725.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref #
Contract
2010-JAGC-1081
-JAGC-MONR- - -
Section #4 Page 1 of 3
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
r; .
Budget Narrative:
CONTRACTUAL SERVICES:
Enhancement of the capacity of the Drug Court by the addition of a Lab Manager will result in
providing additional urinalysis tests for 680 additional referrals.
The services will include: direct urinalysis services, supervision of lab technicians, lab
management and oversight, increased capacity to accommodate a greater number of referrals
from a broad range of law enforcement and service providers county-wide. Services will be
provided by the Drug Court Lab Manager.
Services will be provided 33 hours per week, 52 weeks per year for a total of approximately 1,716
hours during the grant cycle.
Unit: 1 Hour
Unit Cost: 27.23
Unit Cost Budget:
Urinalysis Testing
1,716 units @ 27.23 per hour = $ 46,725
Unit Cost Calculation: 1,700 x $27.48 = 46,725
TOTAL BUDGET = $46,725
Application Ref #
Contract
2010-JAGC-1081
-JAGC-MONR- --
Section #4 Page 2 of 3
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
~,,~,.;:~< >.
I
Section Questions:
Question: If salaries and benefits are included in the budget as actual costs for staff in the
implementing agency, is there a net personnel increase, or a continued net personnel
increase from the previous Byrne program?
Answer: NA
Question: If benefits are to be included, are they reflected in the budget narrative?
Answer: NA
Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or
implementing agency, if it is the sheriffs office.
Answer: Monroe County's OCO threshold is $1,000.
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: NA
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: Unit Cost Basis:
Salary
Drug Court Laboratory Manager
100% of $46,725= $46,725
Total Salary: 46,725
Expenses: 0
Services will be provided 33 hours per week for 52 weeks for a total of 1716 hours
during the grant period.
Total Budget= $46,725
Total Units= 1,716
Unit Cost= $27.23 ($46,723/1,716)
Application Ref #
Contract
201 0-JAGC-1 081
-JAGC-MONR- - -
Section #4 Page 3 of 3
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
....-.....~..... ...........~...._~.....-y.--.....-------.y--~.-----"~,._-.-.............~-,."'"-=._....,-"'-------".""-=-'-------..-.._.
~-~--~v--_.-----..___v.._~___.__._.___._~__...~___.
Section 5: Standard Conditions
]
Insert Standard Conditions Page here.
Application Ref #
Contract
2010-JAGC-1081
-JAGC-MONR- - -
Section #5 Page 1 of 1
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Edward Syrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
I Standard Conditions
Conditions of agreement requiring compliance by units of local government (subgrant recipients),
implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in
this section. Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding. Failure to comply with provisions of this agreement will result in
required corrective action up to and including project costs being disallowed and termination of the
project, as specified in item 17 of this section.
1. All Subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance
Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines
and requirements and Florida laws and regulations including but not limited to:
. Florida Administrative Code, Chapter 110-9, "Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program"
. Office of Management and Budget (OMB) Circular A-21 (2 CFR 220), "Cost Principles for
Educational Institutions"
. OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal
Governments"
. OMB Circular A-102, "Grants and Cooperative Agreements with State and Local
Governments"
. OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and
Cooperative Agreements"
. OMB Circular A-122 (2 CFR 230), "Cost Principles for Non-Profit Organizations"
. OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit
Organizations"
. 28 CFR 38, "Equal Treatment for Faith-Based Organizations"
. 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local
Governments" (Common Rule)
. 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)"
. 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63
. Public Law 109-162, Title XI-Department of Justice Reauthorization, Subtitle B-
Improving the Department of Justice's Grant Programs, Chapter 1-Assisting Law
Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program
and Local Law Enforcement Block Grant Program
. 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles and standards for selected cost items set forth in the Office of Justice Programs
Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments
and federal OMS Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments," or OMS 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 OMS
Circular A-11 0, or OMS Circular A-1 02, and Florida law to be eligible for reimbursement.
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3. Reports
a. Project Performance Reports
(1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, within 15 days after the end of the reporting period. In addition, if the
subgrant award period is extended beyond the "original" project period, additional
Quarterly Project Performance Reports shall be submitted.
Failure to submit Quarterly Performance Reports that are complete, accurate, and timely
may result in sanctions, as specified in item 17, Performance of Agreement Provisions.
(2) Report Contents: Performance reports must include a response to all objectives included
in your subgrant. A detailed response is required in the narrative portion for yes/no
performance objectives. The narrative must also reflect on accomplishments for the
quarter and identify problems with project implementation and address actions being
taken to resolve the problems.
b. Financial Reports
(1) Project Expenditure Reports
(a) The subgrant recipient shall have a choice of submitting either a Monthly or a
Quarterly Project Expenditure Report to the Department. Project Expenditure
Reports are due thirty-one (31) days after the end of the reporting period. In addition,
if the subgrant award period is extended, additional Project Expenditure Reports shall
be submitted. Project Expenditure Reports for grants made under the Recovery Act
must be submitted monthly. See the Recovery Act Conditions for additional
information.
(b) All project expenditures for reimbursement of subgrant recipient costs shall be
submitted on the Project Expenditure Report Forms prescribed and provided by the
Office of Criminal Justice Grants (OCJG) through the Subgrant Information
Management ON-line (SIMON) system.
(c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-
audit and post-audit.
(d) Before the "final" Project Expenditure Report will be processed, the subgrant
recipient must submit to the Department all outstanding project reports and must
have satisfied all special conditions. Failure to comply with the above provisions
shall result in forfeiture of reimbursement.
(e) Reports are to be submitted even when no reimbursement is being requested.
(2) The Financial Closeout Documentation shall be submitted to the Department within forty-
five (45) days of the subgrant termination date.
(3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income
Reports to the Department within 31 days after the end of the reporting period covering
subgrant project generated income and expenditures during the previous quarter. If any
PGI remains unspent after the subgrant ends, the subgrant recipient must continue
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submitting quarterly PGI reports until all funds are expended. (See Item 10, Program
Income.)
c. Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs
Financial Guide, the Common Rule, and OMB Circulars A-21 , A-8?, and A-110, or A-102 as
applicable, in their entirety.
c. All funds not spent according to this agreement shall be subject to repayment by the subgrant
recipient.
5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
7. Advance Funding
Advance funding shall be provided to a subgrant recipient upon a written request to the
Department.
8. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds.
The trust fund mayor may not be an interest bearing account.
b. The account may earn interest, but any earned interest must be used for program purposes
and expended before the subgrant end date. Any unexpended interest remaining at the
end of the subgrant period must be submitted to the Office of Criminal Justice Grants for
transmittal to the Bureau of Justice Assistance.
9. Travel and Training
The cost of all travel shall be reimbursed according to the subgrant recipient's written travel
policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be
reimbursed according to ~ 112.061, Fla. Stat.
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10. Program Income (also known as Project Generated Income)
a. All income generated as a direct result of a subgrant project shall be deemed program
income.
b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report
to report how much PGI was earned during each quarter. A report must be submitted each
quarter even if no PGI was earned or expended.
c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants.
Program income must be used for the purposes of and under the conditions applicable to
the award. If the cost is allowable under the Federal grant program, then the cost would be
allowable using program income.
d. Program income should be used as earned and expended as soon as possible. Any
unexpended PGI remaining at the end of the Federal grant period must be submitted to the
Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance.
11. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment
of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs)
for an eight-hour day. Approval shall be based upon the contract's compliance with requirements
found in the Financial Guide, the Common Rule, and in applicable state statutes. The
Department's approval of the subgrant recipient agreement does not constitute approval of
consultant contracts. If consultants are hired through a competitive bidding process (not sole
source), the $450 threshold does not apply.
12. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to ~ 274, Fla. Stat.
b. The subgrant recipient shall establish and administer a system to protect, preserve, use,
maintain and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement according to federal property management standards set forth in
the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for
State and Local Governments or the federal OMB Circular A-11 0 or A-1 02, as applicable.
This obligation continues as long as the subgrant recipient retains the property,
notwithstanding expiration of this agreement.
13. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed by the terms of the Office of Justice Programs
Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and
Local Governments, or the federal OMB Circular A-11 0 or A-1 02, as applicable.
14. Copyright
The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
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b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that will be published, including web-based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following statements:
'This project was supported by Award No. [contact the Office of Criminal Justice Grants for award
number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions,
findings, and conclusions or recommendations expressed in this publication/program/exhibition
are those of the author(s) and do not necessarily reflect the views of the Department of Justice."
16. Audit
a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program-specific audit conducted for that year. The audit shall be performed in
accordance with the federal OMB Circular A-133 and other applicable federal law. The
contract for this agreement shall be identified in the Schedule of Federal Financial Assistance
in the subject audit. The contract shall be identified as federal funds passed through the
Florida Department of Law Enforcement and include the contract number, CFDA number,
award amount, contract period, funds received and disbursed. When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of ~
11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; ~ 215.97, Fla. Stat. ,
"Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local
Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit
and For-Profit Organizations."
b. A complete audit report that covers any portion of the effective dates of this agreement must
be submitted within 30 days after its completion, but no later than nine (9) months after the
audit period. In order to be complete, the submitted report shall include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
reg u lations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is issued, unless extended in writing by the Department.
f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this
case, written notification, which can be in the form of the "Certification of Audit Exemption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt. This notice shall be provided to the Department no later than
March 1 following the end of the fiscal year.
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g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or written notification of audit exemption should be sent to the
following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the
subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
18. Commencement of Project
a. If a project is not operational within 60 days of the original start date of the award period, the
subrecipient must report by letter to the Department the steps taken to initiate the project, the
reasons for delay, and the expected start date.
b. If a project is not operational within 90 days of the original start date of the award period, the
subrecipient must submit a second statement to the Department explaining the
implementation delay.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-
obligate subgrant funds to other Department approved projects. The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written adjustment to this agreement.
19. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
reason of any failure in performance of this agreement according to its terms (including any
failure by the subgrant recipient to make progress in the execution of work hereunder which
endangers such performance) if such failure arises out of causes beyond the control and
without the fault or negligence of the subgrant recipient. Such causes include, but are not
limited to, acts of God or of the public enemy, acts of the government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
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(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly.
20. Written Approval of Changes in this Approved Agreement
a. Subgrant recipients must obtain prior approval from the Department for major substantive
changes such as changes in project activities, target populations, service providers,
implementation schedules, project director, and designs or research plans set forth in the
approved agreement and for any budget changes that will transfer more than 10% of the total
budget between budget categories.
b. Subgrant recipients may transfer up to 10% of the total budget between current, approved
budget categories without prior approval as long as the funds are transferred to an existing
line item
c. Under no circumstances can transfers of funds increase the total budgeted award.
21. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes,
disagreements, or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The
subgrant recipient's right to appeal the Department's decision is contained in S 120, Fla. Stat.,
and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to
appeal within this time frame constitutes a waiver of proceedings under S 120, Fla. Stat.
22. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time, a
representative of the Department, of the U.S. Department of Justice, or the Auditor General of the
State of Florida, have the right of visiting the project site to monitor, inspect and assess work
performed under this agreement.
23. Access To Records
a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S.
Department of Justice, the U.S. Comptroller General or any of their duly authorized
representatives, shall have access to books, documents, papers and records of the subgrant
recipient, implementing agency and contractors for the purpose of audit and examination
according to the Financial Guide and the Common Rule.
b. The Department reserves the right to unilaterally terminate this agreement if the subgrant
recipient, implementing agency, or contractor refuses to allow public access to all documents,
papers, letters, or other materials subject to provisions of S 119, Fla. Stat. , and
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made or received by the subgrant recipient or its contractor in conjunction with this
agreement.
c. The subgrant recipient will give the awarding agency or the General Accounting Office,
through any authorized representative, access to and the right to examine all paper or
electronic records related to the financial assistance.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
25. Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to the approved agreement. The prior mentioned individuals
have authority to sign or make amendments to the Sole Source, ADP Justification and the
Privacy Certification forms. The Project Director has authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief officer or elected official must submit to the
Department a letter or resolution indicating the person given signature authority. The letter
indicating delegation of signature authority must be signed by the chief officer or elected official
and the person receiving signature authority. The letter must also specify the authority being
delegated.
27. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for
the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the
Department must be notified in writing with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless otherwise provided by law, the provisions of S 435, Fla. Stat. shall
apply.
a. All positions in programs providing care to children, the developmentally disabled, or
vulnerable adults for 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotline; and all persons working under contract who have
access to abuse records are deemed to be persons and positions of special trust or
responsibility and require employment screening pursuant to S 435, Fla. Stat., using the level
2 standards set forth in that chapter.
b. All employees in positions designated by law as positions of trust or responsibility shall be
required to undergo security background investigations as a condition of employment and
continued employment. For the purposes of the subsection, security background
investigations shall include, but not be limited to, employment history checks, fingerprinting
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for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency or employee. When fingerprinting is required, the fingerprints of the employee
or applicant for employment shall be taken by the employing agency or by an
authorized law enforcement officer and su bmitted to the Department of Law
Enforcement for processing and forwarding, when requested by the employing agency,
to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of Law Enforcement for any costs incurred by it in the
processing of the fingerprints.
29. Drug Court Projects
A Drug Court Project must comply with ~ 397.334, Fla. Stat., "Treatment-Based Drug Court
Programs."
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence System
The subgrant recipient agrees that any information technology system funded or supported by the
Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence
Systems Operating Policies, if the Office of Justice Programs determines this regulation to be
applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable,
the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28
C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as
per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of the Office of Justice Programs Financial Guide is required from all projects
that are involved with confidential funds. The signed certification must be submitted at the time of
grant application.
33. Equal Employment Opportunity (EEO)
a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of
race, color, national origin, religion, sex, disability, or age in funded programs or activities. All
subgrant recipients and implementing agencies must comply with any applicable statutorily-
imposed nondiscrimination requirements, which may include the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. ~ 3789d); the Victims of Crime Act (42 U.S.C. ~
10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. ~
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5672(b)); the Civil Rights Act of 1964 (42 U.S.C. S 2000d); the Rehabilitation Act of 1973 (29
U.S.C. S 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. S 12131-34); the
Education Amendments of 1972 (20 U.S.C. SS1681, 1683, 1685-86); the Age Discrimination
Act of 1975 (42 U.S.C. SS 6101-07); and Department of Justice Non-Discrimination
Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith-
based and community organizations).
b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more
employees and it has received any single award of $25,000 or more from the Department of
Justice. The plan must be prepared using the on-line short form at
http://www.ojp.usdoj.gov/about/ocr/eeop_comply.htm. must be retained by the subgrant
recipient or implementing agency, and must be available for review or audit. The
organization must also submit an EEO Certification to FDLE.
c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has
received any single award of $500,000 or more from the Department of Justice, it must
submit its plan to the Department of Justice for approval. A copy of the Department of
Justice approval letter must be submitted to FDLE. The approval letter expires two years
from the date of the letter.
d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is
has fewer than 50 employees or if it does not receive any single award of $25,000 or more
from the Department of Justice or if it is a nonprofit organization, a medical or educational
institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it
must submit an EEO Certification to FDLE.
e. The subgrant recipient and implementing agency acknowledge that failure to comply with
EEO Requirements within 60 days of the project start date may result in suspension or
termination of funding, until such time as it is in compliance.
f. In the event a Federal or State court of Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
of the finding to the Office for Civil Rights, Office of Justice Programs.
34. Americans with Disabilities Act
Subgrant recipients must comply with the requirements of the Americans with Disabilities Act
(ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the
basis of disability and requires certain accommodations be made with regard to employment
(Title I), state and local government services and transportation (Title II), public accommodations
(Title III), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
36. National Environmental Policy Act (NEPA)
a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National
Historic Preservation Act, and other related federal environmental impact analyses
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requirements in the use of subgrant funds by the subgrant recipient. This applies to the
following new activities whether or not they are being specifically funded with these subgrant
funds. That is, it applies as long as the activity is being conducted by the subgrant recipient
or any third party and the activity needs to be undertaken in order to use these subgrant
funds,
(1 ) New construction;
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on
the National Register of Historic Places or (b) located within a 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.
(5) Implementation of a program relating to clandestine methamphetamine laboratory
operations, including the identification, seizure, or closure of clandestine
methamphetamine laboratories.
b. The subgrant recipient understands and agrees that complying with NEPA may require the
preparation of an Environmental Assessment and/or an Environmental Impact Statement, as
directed by the Bureau of Justice Assistance. The subgrant recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed by the
Department of Justice, for programs relating to methamphetamine laboratory operations.
c. For any of a subgrant recipient's existing programs or activities that will be funded by these
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with the Department of Justice in any preparation
by Department of Justice of a national or program environmental assessment of that funded
program or activity.
37. Non-Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And
Suspension (Nonprocurement)" These procedures require the subgrant recipient to certify it shall
not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless
authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and
implementing agency certify that they and their principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1 )(b) of this certification; and
d. Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more.
b. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person
who fails to file the required certification is subject to a civil penalty of not less than $10,000
and not more than $100,000 for each failure to file.
c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant
certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that all sub-recipients shall
certify and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Additional Restrictions on Lobbying
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of the Office of
Justice Programs.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
41. "Pay - to - Stay"
Funds from this award may not be used to operate a "pay-to-stay" program in any local jail.
Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local
jail," as referenced in this condition, means an adult facility or detention center owned and/or
operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-
stay" programs as referenced in this condition, means a program by which extraordinary services,
amenities and/or accommodations, not otherwise available to the general inmate population, may
be provided, based upon as offender's apparent ability to pay, such that disparate conditions of
confinement are created for the same or similar offenders within a jurisdiction.
42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
If an award is made to support methamphetamine laboratory operations the subgrant recipient
must comply with this condition, which provides for individual site environmental
assessment/impact statements as required under the National Environmental Policy Act.
a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and
local environmental, health and safety laws and regulations applicable to the investigation
and closure of clandestine methamphetamine laboratories and the removal and disposal of
the chemicals, equipment, and wastes used in or resulting from the operation of these
laboratories.
b. Specific Requirements: The subgrant recipient understands and agrees that any program or
initiative involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste from a seized laboratory's operations are placed or come to rest.
Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible
adverse health, safety and environmental impacts from any of clandestine
methamphetamine operations funded under this award, it will (1) include the nine, below
listed protective measures or components; (2) provide for their adequate funding to include
funding, as necessary, beyond that provided by this award; and (3) implement these
protective measures directly throughout the life of the subgrant. In so doing, the subgrant
recipient understands that it may implement these protective measures directly through the
use of its own resources and staff or may secure the qualified services of other agencies,
contractor or other qualified third party.
(1) Provide medical screening of personnel assigned or to be assigned by the subgrant
recipient to the seizure or closure if of clandestine methamphetamine laboratories;
(2) Provide Occupational Safety and Health Administration (OSHA) required initial and
refresher training for law enforcement officials and other personnel assigned by the
subgrant recipient to either the seizure or closure of clandestine methamphetamine
laboratories;
(3) As determined by their specific duties, equip personnel assigned to the project with
OSHA required protective wear and other required safety equipment;
(4) Assign properly trained personnel to prepare a comprehensive contamination report on
each closed laboratory;
(5) Employ qualified disposal contractors to remove all chemicals and associated
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
glassware, equipment, and contaminated materials and wastes from the site(s) of each
seized clandestine laboratory;
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, properly licensed recycling facilities;
(7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6
immediately above in order to ensure proper compliance;
(8) Have in place and implement an inter-agency agreement or other form of commitment
with a responsible State environmental agency that provides for that agency's (i) timely
evaluation of the environmental conditions at and around the site of a closed clandestine
laboratory and (ii) coordination with the responsible party, property owner, or others to
ensure that any residual contamination is remediated, if necessary, and in accordance
with existing State and Federal requirements; and
(9) Have in place and implement a written agreement with the responsible state or local
service agencies to properly respond to any minor, as defined by state law, at the site.
This agreement must ensure immediate response by qualified personnel who can (i)
respond to the potential health needs of any minor at the site; (ii) take that minor into
protective custody unless the minor is criminally involved in the meth lab activities or is
subject to arrest for other criminal violations; (iii) ensure immediate medical testing for
methamphetamine toxicity; and (iv) arrange for any follow-up medical tests,
examinations, or health care made necessary as a result of methamphetamine toxicity.
43. Limited English Proficiency (LEP)
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of
1964,42 U.S.C. 3 2000d, recipients of Federal financial assistance must take reasonable steps to
provide meaningful access to their programs and activities for persons with LEP. For more
information on the civil rights responsibilities that recipients have in providing language services
to LEP individuals, please see the website at http://www.lep.qov.
44. The Coastal Barrier Resources Act
The subgrant recipient will comply and assure the compliance of all contractors with the
provisions of the Coastal Barrier Resources Act (P. L. 97-348) dated October 19, 1982 (16 USC
3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the
Coastal Barrier Resources System.
45. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a. Have an adequate process to assess the impact of any enhancement of a school security
measure that is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken.
b. Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
46. Environmental Protection Agency's (EPA) list of Violating Facilities
The subgrant recipient assures that the facilities under its ownership, lease or supervision which
shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
Violating Facilities and that it will notify the Department of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA
47. Flood Disaster Protection Act
The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of
1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in
communities where such insurance is available as a condition of the receipt of any federal
financial assistance for construction or acquisition purposes for use in any area that has been
identified as an area having special flood hazards.
48. National Historic Preservation Act
It will assist the Department (if necessary) in assuring compliance with section 106 of the National
Historic Preservation Act of 1966 (16 U.S.C. ~ 470), Ex. Order 11593 (identification and
protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16
U.S.C. ~ 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. ~ 4321).
49. Omnibus Crime Control and Safe Streets Act
The subgrant recipient will comply and assure the compliance of all contractors, with the
applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as
appropriate; the provisions of the current edition of the Office of Justice Program Financial and
Administrative Guide for Grants; and all other applicable State and Federal laws, orders,
circulars, or regulations.
50. Human Research Subjects
Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
51. National Information Exchange Model specifications
To support public safety and justice information sharing, the Office of Justice Programs requires
the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines
for this particular grant. Grantee shall publish and make available without restriction all schemas
generated as a result of this grant to the component registry as specified in the guidelines. For
more information on compliance with this condition, visit
hrtp://www.niem.qov/implementationquide.php.
52. Reporting, Data Collection and Evaluation
The subgrant recipient agrees to comply with all reporting, data collection and evaluation
requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the
Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the
Bureau of Justice Assistance.
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
53. Privacy Certification
The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section
3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or
information. Grantee further agrees, as a condition of grant approval, to submit a Privacy
Certificate that is in accord with requirements of 28 C. F.R. Part 22 and, in particular, section
22.23.
54. State Information Technology Point of Contact
The subgrant recipient agrees to ensure that the State Information Technology Point of Contact
receives written notification regarding any information technology project funded by this grant
during the obligation and expenditures period. This is to facilitate communication among local
and state governmental entities regarding various information technology projects being
conducted with these grant funds. In addition, the recipient agrees to maintain an administrative
file documenting the meeting of this requirement. For a list of State Information Technology
Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1 046.
55. Interstate Connectivity
To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of
Justice Assistance for law enforcement information sharing systems which involve interstate
connectivity between jurisdictions, such systems shall employ, to the extent possible, existing
networks as the communication backbone to achieve interstate connectivity, unless the subgrant
recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this
requirement would not be cost effective or would impair the functionality of an existing or
proposed IT system.
56. Supplanting
The subgrant recipient agrees that funds received under this award will not be used to supplant
State or local funds, but will be used to increase the amounts of such funds that would, in the
absence of Federal funds, be made available for law enforcement activities.
57. Conflict of Interest
The subgrant recipient and implementing agency will establish safeguards to prohibit employees
from using their positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest, or personal gain.
58. Uniform Relocation Assistance and Real Property Acquisitions Act
The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance
and Real Property Acquisitions Act of 1970 (42 U.S.C. ~ 4601 et seq.), which govern the
treatment of persons displaced as a result of federal and federally-assisted programs.
59. Limitations on Government Employees Financed by Federal Assistance
The subgrant recipient will comply with requirements of 5 U.S.C. ~~ 1501-08 and ~~ 7324-28,
which limit certain political activities of State or local government employees whose principal
employment is in connection with an activity financed in whole or in part by federal assistance.
60. Equal Treatment for Faith Based Organizations
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the
Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
"Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that
Department of Justice grant awards of direct funding may not be used to fund any inherently
religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in
time or place from the Department of Justice funded program, and participation in such activities
by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal
Treatment Regulation also makes clear that organizations participating in programs directly
funded by the Department of Justice are not permitted to discriminate in the provision of services
on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award,
faith based organizations may, in some circumstances, consider religion as a basis for
employment. See http://www.ojp.gov/aboutlocr/equaUbo.htm.
61. Certification for Employees Working Solely on a Single Federal Award
Any project staff that are fully funded by the grant must certify that they worked solely on the
grant. The certification must be prepared at least semi annually and must be signed by the
employee and by a supervisory official having first hand knowledge of the work performed by the
employee.
SFY 2010
Page 17
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
_......:..,-....._~--~-~~~.~.._~..-......--..-..--.~
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
State of Florida
Department of Law Enforcement
Office of Criminal Justice Grants
Signature:
Typed Name and Title:
Date:
Subgrant Recipient
Authorizing OffIcial of Governmental Unit
(Commission Chairman, Mayor, or Designated Representative)
Typed Name of Subgrant Recipient:
Signature:
Typed Name and Title:
Date:
Implementing Agency
Official, Administrator or Designated Representative
Typed Name of Implementing Agency:
Signature:
Typed Name and Title:
Date:
Application Ref #
Contract
201 0-JAGC-1 081
-JAGC-MONR- - -
Section #6 Page 1 of 1
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Insert Certifications and Authorizations here.
Application Ref #
Contract
Section #7 Page 1 of 1
201 0-JAGC-1 081
-JAGC-MONR- - -
Rule Reference 110-9,006 OCJG-005 (rev, April 2005)
CERTIFICATION FORM
Recipient Name and Address: Monroe County Board of County Commissioners
Grant Title: Drug Court Program -Laboratory Enhancement Grant Number: 201 0-JAGC-1 081 Award Amount: $46,725
Contact Person Name and Title: Lisa Tennyson, Grants Administrator
Phone Number: (305)292-4444
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEO P) in accordance with 28 C.F.R ** 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice. 810 7th Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please cal1 (202)307-
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that
apply.
o
o
o
Recipient has less than 50 em ployees,
Recipient is a non-profit organization,
Recipient is a medical institution,
o Recipient is an Indian tribe,
o Recipient is an educational institution, or
o Recipient is receiving an award less than $25,000
I, [responsible official], certity that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R 942.302. I further certity that
[recipient] will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title
Signature
Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is On File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. ~ 42.305):
I, Roman Gastesi, Jr., County Administrator [responsible official], certify that
the Monroe County Board of County Commissioners [recipient], which has 50 or more
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
EEOP in accordance with 28 CFR 942.301, et seq., subpart E. I further certity that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: Calvin Allen, EEO Officer, Monroe County BOCC [organization],
at 1100 Simonton Street, Key West, Florida 33040 [address],for review by the public and
employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations.
Roman Gastesi, Jr., County Administrator
Print or type Name and Title
Signature
Date
OMB Approval No. 1121-0140
ExplratiOll Date 01/31/06
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and
Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant. or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28
CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000, as defined at 28 CFR Part 69, the applicant certifies that
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee
of Congress. or an employee of a Member of Congress in connection with the
making of any federal grant, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal
grant or cooperative agreement;
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person influencing or attempting to influence an officer or employee of
any agency. a member of Congress, an officer or an employee of Congress, or an
employee of a member of Congress in connection with this federal grant or
cooperative agreement, the undersigned shall complete and submit Standard
Fonn - LLL, .Disclosure of Lobbying Activities", in accordance with its instructions;
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subgrants,
contracts under grants and cooperative agreements, and subcontracts) and that all
subrecipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MA TIERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67, Section 67.510-
A. The applicant certifies that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared
ineligible, sentenced to a denial of federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any federal department or
agency;
FDLE JAG Grant Application Package
(b) Have not within a three-year period preceding this application
been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense In connection with
obtaining, attempting to obtain, or perfonning a public (Federal, State,
or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement,
theft forgery, bribery, falsification or destruction of records, making
false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State, or local) with
commission of any of the offenses enumerated in paragraph (1) (b) of
this certification; and
(d) Have not within a three-year period preceding this application
had one or more public transactions (Federal, State. or local)
terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in
this certification, he or she shall attach an explanation to this
application.
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
at 28 CFR Part 67 Sections 67.615 and 67.620-
A. The applicant certifies that it will or will continue to provide a drug-
free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to infonn
employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
Lobbying, Debannent, Suspension, and Drug-Free Workplace Certification
Page 1
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Bvrne Memorial Justice Assistance Grant Proaram
(e) Making it a requirement that each employee to be engaged in the performance
of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after the conviction;
Check here _ If there are workplaces on file that are not identified
here.
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice
under subparagraph (d) (2) from an employee or othelWise receiving actual notice
of such conviction. Employers of convicted employees must provide notice
including poSition title, to: Department of Justice, Office of Justice Programs,
ATTN: Control Desk, 633 Indiana Avenue, N.W. Washington, D.C. 20531. Notice
shall include the identification number(s) of each affected grant;
Section 67.630 of the regulations provides that a grantee that is a
State may elect to make one certification in each Federal fiscal year.
A copy of which should be included with each application for
Department of Justice funding. States and State agencies may elect
to use OJP Form 406117.
Check here _ If the State has elected to complete OJP Form
406117.
(f) Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health. law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees. as defined
at 28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant. I certify that I will not engage in the
unlawful manufacture, distribution, dispensing, possession, or use of
a controlled substance in conducting any activity with the grant; and
B. The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant:
B. If convicted of a criminal drug offense resulting from a violation
occurring during the conduct of any grant activity. I will report the
conviction, in writing, within 10 calendar days of the conviction. to:
Department of Justice, Office of Justice Programs. ATTN: Control
Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531.
Place of Performance (Street address, city, county, state, zip code)
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
1. Grantee Name and Address: Monroe County
2. Project Name: Drug Count Laboratorv Enhancement
3. Typed Name and Title of Authorized Representative: Roman Gastesi. County Administrator
4. Signature:
5. Date:
FDLE JAG Grant Application Package
Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification
Page 2
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
I
Subgrant Recipient
Organization Name: Monroe County Board of Commissioners
County: Monroe
Chief Official
Name: George Neugent
Title: Mayor
Address: 1100 Simonton Street
City: Key West
State: FL Zip: 33040
Phone: 305-289-6039 Ext:
Fax: 305-872-9195
Email: boccdis1@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
Email: dkolhage@monroe-c1erk.com
Application Ref #
Contract
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
"
Implementing Agency
Organization Name:
County:
Monroe County Board of Commissioners
Monroe
Chief Official
Name: George Neugent
Title: Mayor
Address: 1100 Simonton Street
City: Key West
State: FL Zip: 33040
Phone: 305-289-6039 Ext:
Fax: 305-872-9195
Email: boccdis1@monroecounty-f1.gov
City:
State:
Phone:
Fax:
Email:
Project Director
Name: Lisa Tennyson
Title: Grants Administrator
Address: 1100 Simonton Street
Room 2-213
Key West
FL
305-292-4444
Zip:
Ext:
33040
T ennyson-Lisa@monroecounty-f1.gov
Application Ref #
Contract
201 0-JAGC-1 053
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Project Information
Project Title: MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM V
Subgrant Recipient: Monroe County Board of Commissioners
Implementing Agency: Monroe County Board of Commissioners
Project Start Date: 10/1/2009 End Date: 9/30/2010
Problem Identification
Prevention and education for all youth, but particularly at-risk youth, are essential not only to the
overall safety of Monroe County but also invaluable to the individual youth for his/her personal
healthy social development.
Monroe County youth show a higher occurrence of risk factors compared the state average
(Florida Youth Substance Abuse Survey 2006) and the national average. There are many risk
factors that may influence the youth of Monroe which could cause them to self-medicate with
substances, engage or endure bullying and violence, have low school attendance, drop out of
school, exhibit criminal behavior and an overall lack of productivity, experience depression, and
even commit suicide. Middle School years are often the turning point for youth. Many students
drop out of school shortly after ninth grade. A spike in discipline incidents occurs in grades 7-9.
Monroe Youth Challenge Program (MYCP)believes that targeting these age groups will provide
support to avoid risky behavior.
Monroe County reported the highest level of risk for the Family History of Antisocial Behavior
scale. Middle school students scored a 58, four points higher than the statewide average of 54.
That trend increases at the high school level. Students with high scores on this scale indicated
that their families have a history of antisocial behavior, such as substance use or criminal
behavior. MYCP has implemented a parent program and curriculum to address this deficiency.
Reports also find that Monroe County youth show a lower occurrence of protective factors or
assets when compared to both state and national averages. The fewer assets possessed by a
young person, the more likely they will use drugs and alcohol or engage in violent acts, as
indicated by the graph below.
0-10 Assets 11-20 21-30 31-40
Alcohol 45% 26% 11 % 3%
Violence 62% 38% 18% 6%
Illicit Drugs 34% 23% 11 % 3%
These high risk factors combined with low assets put our youth in danger of substance abuse,
depression, bullying and violence, low school engagement, and criminal behavior.
Project Summary
MYCP targets all Monroe County youth regardless of gender, age or academic performance.
MYCP seeks at-risk students, including those who have dropped out, have been arrested, failing
school or those who exhibit a sense of being isolated. While we will be working directly with
parents the goal of this project will be to minimize risky-youth behaviors and develop protective
factors for all youth in Monroe County. MYCP recognizes that the best change agents among
youth are other youth; therefore, MYCP
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Contract
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
will continue its comprehensive approach to providing effective youth programming. Capitalizing
on the success of its programs in high schools over the past four years, MYCP has brought
programming to middle schools. The services are coordinated by the MYCP Prevention
Coordinators. These services may be provided by community partners, volunteers, and older
youth facilitators. All programs are executed with the goal of providing opportunities for youth to
develop personal assets and protective factors.
Monroe Youth Challenge Program offers:
1) Motivational workshops and Signature Programs which build positive, empathetic relationships
among peers and adults, and increase commitment to ending violence, building tolerance and
"Being an Agent of Positive Change." These may include professional services, such as
motivational speaker Daniel Davison, who motivated 1 ,400 middle school aged youth with his drug
awareness presentation. It also includes our signature programs like Challenge Day or our
recently created 8TP (8th Grade Transition Program). Designed by Monroe County High School
students who have benefited from MYCP's Leadership programs, this program seeks to end
school rivalry and bullying for students from middle school as they enter high school. These
events will educate students from all socioeconomic ranges to the real threats of emotional
burdens throughout the school, including racism, violence, bullying, and harassment. These
programs support the development of stronger relationships among students and their peers,
family and community. MYCP signature programs foster alliances through understanding the
common challenges faced by children. Working to strengthen the leadership skills in students that
do not feel included, MYCP searches for students on campus suffering from alienation, who do not
feel connected to the school. These programs strengthen students' emotional health, redirect
negative factors, and empower the individuals to overcome obstacles.
2) Parent Network and Parent to Parent Curriculum teaches effective discipline, A TOD prevention,
healthy communication, and encourages parent networking and peer support. Its an 8-12 hour
curriculum taught in small groups in 60 minute segments. To date more than 200 parents have
completed the program. It also:
* Allow parents to create a positive parent culture within their circle of family and friends,
* Generate a mutual understanding between school administrators/law enforcement and parents
allowing us to be on the same side,
* Give parents the tools and skills they need to parent effectively, and recognize early risky
behaviors.
3) Abuse Prevention and Anti-Bullying Peer Educator Trainings build protective factors and
responsibility to "BE the CHANGE" and model healthy choices for younger peers;
4) Service Learning/Community Service Projects Service-learning is a teaching and learning
strategy that integrates meaningful community service with instruction and reflection to enrich the
learning experience, teach civic responsibility, and strengthen communities;
5) Leadership and Life Skills classes and trainings; and
6) Mentoring program between high schoolers and younger students to provide tutoring, character
development and asset building;
7) Grassroots coordination with schools, existing law enforcement, juvenile justice agencies, social
service and civic organizations in order to integrate and increase the impact of existing crime
prevention and substance abuse education efforts among public, private and home school
students.
8) Partnerships with other youth agencies to encourage seamless community service projects:
agencies that in the past lacked student involvement have benefited from the organized approach
MYCP uses with student directed activities and the community has
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Contract
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Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
benefited from meaningful community service projects and the students have benefited from the
direct adult supervision, productive activities, the learning gains as academic approaches have
been utilized and an increased sense of community awareness.
Application Ref #
Contract
201 0-JAGC-1 053
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Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section Questions:
Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from
the U.S. Department of Justice?
Answer: No
Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or
more from the U.S. Department of Justice?
Answer: No
Application Ref #
Contract
201 0-JAGC-1 053
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Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding 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: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State
Initiatives
Activity Description
Activity: Community Service
Target Group: Children
Geographic Area: School District
Location Type: School, Middle
Address(es) :
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
Application Ref #
Contract
201 0-JAGC-1 053
-JAGC-MONR- - -
Section #3 Page 1 of 11
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Activity Description
Activity: Community Leader Meetings
Target Group: Adults
Geographic Area: School District
Location Type: School, Middle
Address(es) :
Horace O'Bryant Middle School
11 05 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
Activity Description
Activity: Community Leader Meetings
Target Group: Children
Geographic Area: School District
Location Type: School, Middle
Address(es) :
Application Ref # 201 0-JAGC-1 053
Contract -JAGC-MONR- - -
Section #3 Page 2 of 11
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
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
Activity Description
Activity: Crime Prevention Education
Target Group: Children
Geographic Area: School District
Location Type: School, Middle
Address(es) :
Horace O'Bryant Middle School
1105 Leon Street
Key West ,FL 33040
Key Largo School
104801 Overseas
Key Largo, FL 33037
Application Ref # 201 0-JAGC-1 053
Contract -JAGC-MONR- - -
Section #3 Page 3 of 11
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
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
Activity Description
Activity: Drug Free Events
Target Group: Children
Geographic Area: School District
Location Type: School, Middle
Address(es) :
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
Application Ref #
Contract
201 0-JAGC-1 053
-JAGC-MONR- - -
Section #3 Page 4 of 11
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Plantation Key School
100 Lake Road
Tavernier, FL 33070
I
Stanley Switlik School
3400 Overseas Highway
Marathon , FL 33050
Sugarloaf School
225 Crane Blvd.
Sugarloaf Key, FL 33042
Activity Description
Activity: Drug Prevention Education
Target Group: Children
Geographic Area: School District
Location Type: School, Middle
Address(es) :
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
Application Ref #
Contract
201 0-JAGC-1 053
-JAGC-MONR- - -
Section #3 Page 5 of 11
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Sugarloaf School
225 Crane Blvd.
Sugarloaf Key, FL 33042
Activity Description
Activity: Mentoring
Target Group: Children
Geographic Area: School District
Location Type: School, Middle
Address(es) :
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
Activity Description
Activity:
Target Group:
Other
Adults
Application Ref # 201 0-JAGC-1 053
Contract -JAGC-MONR- - -
Section #3 Page 6 of 11
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Geographic Area: School District
Location Type: School, Middle
Address(es) :
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
Activity Questions:
Question:
Answer:
Please provide the type of activity.
Parenting Classes, Support, Network
Objectives and Measures
Objective: 02.A.SI - Number of local initiatives planned
Measure: Part 1
Number of local initiatives planned
Goal: 1
Application Ref #
Contract
201 0-JAGC-1 053
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Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Measure: Part 2
Number of local initiatives to be implemented
Goal: 1
Objective: 03.A.DS* - Number of individuals receiving services
Measure: Part 1
Number of individuals to receive services during the grant period
Goal; 4500
Measure: Part 2
Number of individuals to receive services during each reporting period
Goal: 1125
Objective: 04.A.DS* - Number of defined groups receiving services
Measure: Part 1
Total number of defined groups to receive services during the grant period
Goal; 2
Measure: Part 2
Number of defined groups to receive services each reporting period
Goal: 2
Objective: 06.A.BT* - Number of program participants who completed (intended) programming
Measure: Part 1
Number of program participants to complete programming during the grant period
Goal: 4500
Measure: Part 2
Number of program participants who will exit programming during the grant period
(complete or not complete)
Goal: 4500
Objective: 07.A.BT * - Number of defined groups that completed (intended) programming
Measure: Part 1
Number of defined groups to complete programming during the grant period
Goal: 2
Measure: Part 2
Application Ref #
Contract
201 0-JAGC-1 053
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Number of defined groups that will exit programming during the grant period
(complete or not)
Goal: 2
Objective: 08.A.BT * - Number of program participants who exhibit a desired change in a
targeted behavior
Measure: Part 1
Number of program participants during the grant period
Goal: 4500
Measure: Part 2
Number of program participants who will exhibit a desired change in a targeted
behavior
Goal: 3825
State Purpose Area:
F - Contractual Support - Purchase Contractual Support
Activity Description
Activity: Contractual Support
Target Group: Contractual Support
Geographic Area: School District
Location Type: School, Middle
Address(es) :
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
Application Ref #
Contract
201 0-JAGC-1 053
-JAGC-MONR- - -
Section #3 Page 9 of 11
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
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: 29.F.SI - Number of contractual support hours paid with JAG funds
Measure: Part 1
Number of hours to be paid with JAG funds for contractual support
Goal: 41723
Application Ref #
Contract
201 0-JAGC-1 053
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Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
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: NA
Question: If "other" was selected for location type, please describe.
Answer: NA
Application Ref #
Contract
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Financial Info:
Note: All financial remittances will be sent to the Chief Financial Officer
of the Subgrantee Organization.
Financial Reporting Frequency for this Subgrant: Quarterly
Is the subgrantee a state agency?: No
FLAIR I Vendor Number: 596000749
Budget:
Budget Category Federal Match Total
Salaries and Benefits $0.00 $0.00 $0.00
Contractual Services $41,723.00 $0.00 $41,723.00
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 -- $41,723.00 $0.00 $41,723.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref #
Contract
201 0-JAGC-1 053
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Budget Narrative:
BUDGET NARRATIVE
CONTRACTUAL SERVICES:
The Monroe Youth Challenge Program will provide 1,925 hours of drug and violence prevention
education programming services to young people in schools throughout Monroe County.
The services will include: crime prevention education workshops and presentations, drug-free
events, community service, leadership training, mentoring and parenting classes.
Services will be provided 37 hours per week, 52 weeks for a total of approximately 1,925 hours
during the grant period. The services will be provided by 3 Prevention Coordinators (1.5 Full-Time
Equivalents ).
Unit: 1 Hour
Unit Cost: $21.67
Unit Cost Budget:
Substance Abuse/Crime Prevention Education
1,925 units @21.67 per hour = 41,723
Total Unit Cost Calculation: 1,925 hours x $21.67 = $41,723
TOTAL BUDGET: $41,723
CONTRACT
Monroe County will execute a contract for with Monroe County Education Foundation for the
Monroe Youth Challenge Program V for the period of October 1, 2009 through September 30,
2010 to cover the grant period. A copy of the executed contract will be sent to FDLE.
Application Ref #
Contract
201 0-JAGC-1 053
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section Questions:
Question: If salaries and benefits are included in the budget as actual costs for staff in the
implementing agency, is there a net personnel increase, or a continued net personnel
increase from the previous Byrne program?
Answer: NA
Question: If benefits are to be included, are they reflected in the budget narrative?
Answer: NA
Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or
implementing agency, if it is the sheriffs office.
Answer: Monroe County's OCO threshold is $1,000.
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: NA
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: Unit Cost Basis:
Salary
Prevention Coordinator (1.5 FTE)
150% of 25,667 = 38,500
(no benefits)
Total Salary = $38,500
Expenses
Travel
250 miles per month x .34/mile = $1,020
Educational Materials
Workbooks/videos = $2,203
Total Expenses = $3,223
Services will be provided 32 hours per week, 52 weeks per year for a total of
approximately 1,664 hours during the grant period.
Unit Cost is $25.07 per service hour
Total Budget: $ 41 ,723.00
Total Units: 1,925
Total Cost per Unit: $41,723/1,925 = $25.07
Application Ref # 201 0-JAGC-1 053
Contract -JAGC-MONR- - -
Section #4 Page 3 of 4
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Application Ref #
Contract
Section #4 Page 4 of 4
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section 5: Standard Conditions
Insert Standard Conditions Page here.
Application Ref #
Contract
Section #5 Page 1 of 1
201 0-JAGC-1 053
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
I Standard Conditions
Conditions of agreement requiring compliance by units of local government (subgrant recipients),
implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in
this section. Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding. Failure to comply with provisions of this agreement will result in
required corrective action up to and including project costs being disallowed and termination of the
project, as specified in item 17 of this section.
1. All Subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance
Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines
and requirements and Florida laws and regulations including but not limited to:
· Florida Administrative Code, Chapter 11D-9, "Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program"
· Office of Management and Budget (OMB) Circular A-21 (2 CFR 220), "Cost Principles for
Educational Institutions"
· OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal
Governments"
· OMB Circular A-102, "Grants and Cooperative Agreements with State and Local
Governments"
· OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and
Cooperative Ag reements"
· OMB Circular A-122 (2 CFR 230), "Cost Principles for Non-Profit Organizations"
· OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit
Organizations"
· 28 CFR 38, "Equal Treatment for Faith-Based Organizations"
· 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local
Governments" (Common Rule)
· 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)"
· 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63
· Public Law 109-162, Title XI-Department of Justice Reauthorization, Subtitle B-
Improving the Department of Justice's Grant Programs, Chapter 1-Assisting Law
Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program
and Local Law Enforcement Block Grant Program
· 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles and standards for selected cost items set forth in the Office of Justice Programs
Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments
and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions. "
b. All procedures employed in the use of federal funds for any procurement shall be according
to U.S. Department of Justice Common Rule for State and Local Governments, or OMB
Circular A-11 0, or OMB Circular A-1 02, and Florida law to be eligible for reimbursement.
SFY 2010
Page 1
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
3. Reports
a. Project Performance Reports
(1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, within 15 days after the end of the reporting period. In addition, if the
subgrant award period is extended beyond the "original" project period, additional
Quarterly Project Performance Reports shall be submitted.
Failure to submit Quarterly Performance Reports that are complete, accurate, and timely
may result in sanctions, as specified in item 17, Performance of Agreement Provisions.
(2) Report Contents: Performance reports must include a response to all objectives included
in your subgrant. A detailed response is required in the narrative portion for yes/no
performance objectives. The narrative must also reflect on accomplishments for the
quarter and identify problems with project implementation and address actions being
taken to resolve the problems.
b. Financial Reports
(1) Project Expenditure Reports
(a) The subgrant recipient shall have a choice of submitting either a Monthly or a
Quarterly Project Expenditure Report to the Department. Project Expenditure
Reports are due thirty-one (31) days after the end of the reporting period. In addition,
if the subgrant award period is extended, additional Project Expenditure Reports shall
be submitted. Project Expenditure Reports for grants made under the Recovery Act
must be submitted monthly. See the Recovery Act Conditions for additional
information.
(b) All project expenditures for reimbursement of subgrant recipient costs shall be
submitted on the Project Expenditure Report Forms prescribed and provided by the
Office of Criminal Justice Grants (OCJG) through the Subgrant Information
Management ON-line (SIMON) system.
(c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-
audit and post-audit.
(d) Before the "final" Project Expenditure Report will be processed, the subgrant
recipient must submit to the Department all outstanding project reports and must
have satisfied all special conditions. Failure to comply with the above provisions
shall result in forfeiture of reimbursement.
(e) Reports are to be submitted even when no reimbursement is being requested.
(2) The Financial Closeout Documentation shall be submitted to the Department within forty-
five (45) days of the subgrant termination date.
(3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income
Reports to the Department within 31 days after the end of the reporting periOd covering
subgrant project generated income and expenditures during the previous quarter. If any
PGI remains unspent after the subgrant ends, the subgrant recipient must continue
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submitting quarterly PGI reports until all funds are expended. (See Item 10, Program
Income.)
c. Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs
Financial Guide, the Common Rule, and OMB Circulars A-21 , A-87, and A-110, or A-102 as
applicable, in their entirety.
c. All funds not spent according to this agreement shall be subject to repayment by the subgrant
recipient.
5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
7. Advance Funding
Advance funding shall be provided to a subgrant recipient upon a written request to the
Department.
8. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds.
The trust fund mayor may not be an interest bearing account.
b. The account may earn interest, but any earned interest must be used for program purposes
and expended before the subgrant end date. Any unexpended interest remaining at the
end of the subgrant period must be submitted to the Office of Criminal Justice Grants for
transmittal to the Bureau of Justice Assistance.
9. Travel and Training
The cost of all travel shall be reimbursed according to the subgrant recipient's written travel
policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be
reimbursed according to S 112.061, Fla. Stat.
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10. Program Income (also known as Project Generated Income)
a. All income generated as a direct result of a subgrant project shall be deemed program
income.
b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report
to report how much PGI was earned during each quarter. A report must be submitted each
quarter even if no PGI was earned or expended.
c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants.
Program income must be used for the purposes of and under the conditions applicable to
the award. If the cost is allowable under the Federal grant program, then the cost would be
allowable using program income.
d. Program income should be used as earned and expended as soon as possible. Any
unexpended PGI remaining at the end of the Federal grant period must be submitted to the
Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance.
11. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment
of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs)
for an eight-hour day. Approval shall be based upon the contract's compliance with requirements
found in the Financial Guide, the Common Rule, and in applicable state statutes. The
Department's approval of the subgrant recipient agreement does not constitute approval of
consultant contracts. If consultants are hired through a competitive bidding process (not sole
source), the $450 threshold does not apply.
12. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to S 274, Fla. Stat.
b. The subgrant recipient shall establish and administer a system to protect, preserve, use,
maintain and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement according to federal property management standards set forth in
the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for
State and Local Governments or the federal OMB Circular A-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 Office of Justice Programs
Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and
Local Governments, or the federal OMB Circular A-11 0 or A-1 02, as applicable.
14. Copyright
The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
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b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that will be published, including web-based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following statements:
"This project was supported by Award No. [contact the Office of Criminal Justice Grants for award
number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions,
findings, and conclusions or recommendations expressed in this publication/program/exhibition
are those of the author(s) and do not necessarily reflect the views of the Department of Justice."
16. Audit
a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program-specific audit conducted for that year. The audit shall be performed in
accordance with the federal OMB Circular A-133 and other applicable federal law. The
contract for this agreement shall be identified in the Schedule of Federal Financial Assistance
in the subject audit. The contract shall be identified as federal funds passed through the
Florida Department of Law Enforcement and include the contract number, CFDA number,
award amount, contract period, funds received and disbursed. When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of ~
11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; ~ 215.97, Fla. Stat. ,
"Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local
Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit
and For-Profit Organizations."
b. A complete audit report that covers any portion of the effective dates of this agreement must
be submitted within 30 days after its completion, but no later than nine (9) months after the
audit period. In order to be complete, the submitted report shall include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is issued, unless extended in writing by the Department.
f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this
case, written notification, which can be in the form of the "Certification of Audit Exemption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt. This notice shall be provided to the Department no later than
March 1 following the end of the fiscal year.
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g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or written notification of audit exemption should be sent to the
following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the
subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
18. Commencement of Project
a. If a project is not operational within 60 days of the original start date of the award period, the
subrecipient must report by letter to the Department the steps taken to initiate the project, the
reasons for delay, and the expected start date.
b. If a project is not operational within 90 days of the original start date of the award period, the
subrecipient must submit a second statement to the Department explaining the
implementation delay.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-
obligate subgrant funds to other Department approved projects. The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written adjustment to this agreement.
19. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
reason of any failure in performance of this agreement according to its terms (including any
failure by the subgrant recipient to make progress in the execution of work hereunder which
endangers such performance) if such failure arises out of causes beyond the control and
without the fault or negligence of the subgrant recipient. Such causes include, but are not
limited to, acts of God or of the public enemy, acts of the government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
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(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly.
20. Written Approval of Changes in this Approved Agreement
a. Subgrant recipients must obtain prior approval from the Department for major substantive
changes such as changes in project activities, target populations, service providers,
implementation schedules, project director, and designs or research plans set forth in the
approved agreement and for any budget changes that will transfer more than 10% of the total
budget between budget categories.
b. Subgrant recipients may transfer up to 10% of the total budget between current, approved
budget categories without prior approval as long as the funds are transferred to an existing
line item
c. Under no circumstances can transfers of funds increase the total budgeted award.
21. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes,
disagreements, or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The
subgrant recipient's right to appeal the Department's decision is contained in 9 120, Fla. Stat.,
and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to
appeal within this time frame constitutes a waiver of proceedings under 9120, Fla. Stat.
22. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time, a
representative of the Department, of the U.S. Department of Justice, or the Auditor General of the
State of Florida, have the right of visiting the project site to monitor, inspect and assess work
performed under this agreement.
23. Access To Records
a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S.
Department of Justice, the U.S. Comptroller General or any of their duly authorized
representatives, shall have access to books, documents, papers and records of the subgrant
recipient, implementing agency and contractors for the purpose of audit and examination
according to the Financial Guide and the Common Rule.
b. The Department reserves the right to unilaterally terminate this agreement if the subgrant
recipient, implementing agency, or contractor refuses to allow public access to all documents,
papers, letters, or other materials subject to provisions of 9 119, Fla. Stat. , and
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made or received by the subgrant recipient or its contractor in conjunction with this
agreement.
c. The subgrant recipient will give the awarding agency or the General Accounting Office,
through any authorized representative, access to and the right to examine all paper or
electronic records related to the financial assistance.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
25. Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to the approved agreement. The prior mentioned individuals
have authority to sign or make amendments to the Sole Source, ADP Justification and the
Privacy Certification forms. The Project Director has authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief officer or elected official must submit to the
Department a letter or resolution indicating the person given signature authority. The letter
indicating delegation of signature authority must be signed by the chief officer or elected official
and the person receiving signature authority. The letter must also specify the authority being
delegated.
27. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for
the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the
Department must be notified in writing with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless otherwise provided by law, the provisions of 9435, Fla. Stat. shall
apply.
a. All positions in programs providing care to children, the developmentally disabled, or
vulnerable adults for 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotline; and all persons working under contract who have
access to abuse records are deemed to be persons and positions of special trust or
responsibility and require employment screening pursuant to 9 435, Fla. Stat., using the level
2 standards set forth in that chapter.
b. All employees in positions designated by law as positions of trust or responsibility shall be
required to undergo security background investigations as a condition of employment and
continued employment. For the purposes of the subsection, security background
investigations shall include, but not be limited to, employment history checks, fingerprinting
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for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency or employee. When fingerprinting is required, the fingerprints of the employee
or applicant for employment shall be taken by the employing agency or by an
authorized law enforcement officer and submitted to the Department of Law
Enforcement for processing and forwarding, when requested by the employing agency,
to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of Law Enforcement for any costs incurred by it in the
processing of the fingerprints.
29. Drug Court Projects
A Drug Court Project must comply with S 397.334, Fla. Stat., "Treatment-Based Drug Court
Programs."
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence System
The subgrant recipient agrees that any information technology system funded or supported by the
Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal'ntelligence
Systems Operating Policies, if the Office of Justice Programs determines this regulation to be
applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable,
the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28
C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as
per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of the Office of Justice Programs Financial Guide is required from all projects
that are involved with confidential funds. The signed certification must be submitted at the time of
grant application.
33. Equal Employment Opportunity (EEO)
a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of
race, color, national origin, religion, sex, disability, or age in funded programs or activities. All
subgrant recipients and implementing agencies must comply with any applicable statutorily-
imposed nondiscrimination requirements, which may include the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. S 3789d); the Victims of Crime Act (42 U.S.C. S
10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. S
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5672(b)); the Civil Rights Act of 1964 (42 U.S.C. ~ 2000d); the Rehabilitation Act of 1973 (29
U.S.C. ~ 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. ~ 12131-34); the
Education Amendments of 1972 (20 U.S.C. ~~1681, 1683, 1685-86); the Age Discrimination
Act of 1975 (42 U.S.C. ~~ 6101-07); and Department of Justice Non-Discrimination
Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith-
based and community organizations).
b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more
employees and it has received any single award of $25,000 or more from the Department of
Justice. The plan must be prepared using the on-line short form at
http://www.ojp.usdoj.gov/about/ocr/eeop_comply.htm. must be retained by the subgrant
recipient or implementing agency, and must be available for review or audit. The
organization must also submit an EEO Certification to FDLE.
c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has
received any single award of $500,000 or more from the Department of Justice, it must
submit its plan to the Department of Justice for approval. A copy of the Department of
Justice approval letter must be submitted to FDLE. The approval letter expires two years
from the date of the letter.
d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is
has fewer than 50 employees or if it does not receive any single award of $25,000 or more
from the Department of Justice or if it is a nonprofit organization, a medical or educational
institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it
must submit an EEO Certification to FDLE.
e. The subgrant recipient and implementing agency acknowledge that failure to comply with
EEO Requirements within 60 days of the project start date may result in suspension or
termination of funding, until such time as it is in compliance.
f. In the event a Federal or State court of Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
of the finding to the Office for Civil Rights, Office of Justice Programs.
34. Americans with Disabilities Act
Subgrant recipients must comply with the requirements of the Americans with Disabilities Act
(ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the
basis of disability and requires certain accommodations be made with regard to employment
(Title I), state and local government services and transportation (Title II), public accommodations
(Title III), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
36. National Environmental Policy Act (NEPA)
a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National
Historic Preservation Act, and other related federal environmental impact analyses
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requirements in the use of subgrant funds by the subgrant recipient. This applies to the
following new activities whether or not they are being specifically funded with these subgrant
funds. That is, it applies as long as the activity is being conducted by the subgrant recipient
or any third party and the activity needs to be undertaken in order to use these subgrant
funds,
(1) New construction;
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on
the National Register of Historic Places or (b) located within a 100-year flood plain;
(3) A renovation, lease, or any other proposed use of a building or facility that will either (a)
result in a change in its basic prior use or (b) significantly change its size; and
(4) Implementation of a new program involving the use of chemicals other than chemicals
that are (a) purchased as an incidental component of a funded activity and (b)
traditionally used, for example, in office, household, recreational, or educational
environments.
(5) Implementation of a program relating to clandestine methamphetamine laboratory
operations, including the identification, seizure, or closure of clandestine
methamphetamine laboratories.
b. The subgrant recipient understands and agrees that complying with NEPA may require the
preparation of an Environmental Assessment and/or an Environmental Impact Statement, as
directed by the Bureau of Justice Assistance. The subgrant recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed by the
Department of Justice, for programs relating to methamphetamine laboratory operations.
c. For any of a subgrant recipient's existing programs or activities that will be funded by these
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with the Department of Justice in any preparation
by Department of Justice of a national or program environmental assessment of that funded
program or activity.
37. Non-Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And
Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall
not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless
authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and
implementing agency certify that they and their principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
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c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1 )(b) of this certification; and
d. Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more.
b. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person
who fails to file the required certification is subject to a civil penalty of not less than $10,000
and not more than $100,000 for each failure to file.
c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant
certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that all sub-recipients shall
certify and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Additional Restrictions on Lobbying
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of the Office of
Justice Programs.
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
41. "Pay - to - Stay"
Funds from this award may not be used to operate a "pay-to-stay" program in any local jail.
Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local
jail," as referenced in this condition, means an adult facility or detention center owned and/or
operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-
stay" programs as referenced in this condition, means a program by which extraordinary services,
amenities and/or accommodations, not otherwise available to the general inmate population, may
be provided, based upon as offender's apparent ability to pay, such that disparate conditions of
confinement are created for the same or similar offenders within a jurisdiction.
42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
If an award is made to support methamphetamine laboratory operations the subgrant recipient
must comply with this condition, which provides for individual site environmental
assessment/impact statements as required under the National Environmental Policy Act.
a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and
local environmental, health and safety laws and regulations applicable to the investigation
and closure of clandestine methamphetamine laboratories and the removal and disposal of
the chemicals, equipment, and wastes used in or resulting from the operation of these
laboratories.
b. Specific Requirements: The subgrant recipient understands and agrees that any program or
initiative involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste from a seized laboratory's operations are placed or come to rest.
Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible
adverse health, safety and environmental impacts from any of clandestine
methamphetamine operations funded under this award, it will (1) include the nine, below
listed protective measures or components; (2) provide for their adequate funding to include
funding, as necessary, beyond that provided by this award; and (3) implement these
protective measures directly throughout the life of the subgrant. In so doing, the subgrant
recipient understands that it may implement these protective measures directly through the
use of its own resources and staff or may secure the qualified services of other agencies,
contractor or other qualified third party.
(1) Provide medical screening of personnel assigned or to be assigned by the subgrant
recipient to the seizure or closure if of clandestine methamphetamine laboratories;
(2) Provide Occupational Safety and Health Administration (OSHA) required initial and
refresher training for law enforcement officials and other personnel assigned by the
subgrant recipient to either the seizure or closure of clandestine methamphetamine
laboratories;
(3) As determined by their specific duties, equip personnel assigned to the project with
OSHA required protective wear and other required safety equipment;
(4) Assign properly trained personnel to prepare a comprehensive contamination report on
each closed laboratory;
(5) Employ qualified disposal contractors to remove all chemicals and associated
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
glassware, equipment, and contaminated materials and wastes from the site(s) of each
seized clandestine laboratory;
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, properly licensed recycling facilities;
(7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6
immediately above in order to ensure proper compliance;
(8) Have in place and implement an inter-agency agreement or other form of commitment
with a responsible State environmental agency that provides for that agency's (i) timely
evaluation of the environmental conditions at and around the site of a closed clandestine
laboratory and (ii) coordination with the responsible party, property owner, or others to
ensure that any residual contamination is remediated, if necessary, and in accordance
with existing State and Federal requirements; and
(9) Have in place and implement a written agreement with the responsible state or local
service agencies to properly respond to any minor, as defined by state law, at the site.
This agreement must ensure immediate response by qualified personnel who can (i)
respond to the potential health needs of any minor at the site; (ii) take that minor into
protective custody unless the minor is criminally involved in the meth lab activities or is
subject to arrest for other criminal violations; (iii) ensure immediate medical testing for
methamphetamine toxicity; and (iv) arrange for any follow-up medical tests,
examinations, or health care made necessary as a result of methamphetamine toxicity.
43. Limited English Proficiency (LEP)
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of
1964,42 U.S.C. S 2000d, recipients of Federal financial assistance must take reasonable steps to
provide meaningful access to their programs and activities for persons with LEP. For more
information on the civil rights responsibilities that recipients have in providing language services
to LEP individuals, please see the website at http://www.lep.qov.
44. The Coastal Barrier Resources Act
The subgrant recipient will comply and assure the compliance of all contractors with the
provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19,1982 (16 USC
3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the
Coastal Barrier Resources System.
45. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a. Have an adequate process to assess the impact of any enhancement of a school security
measure that is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken.
b. Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
46. Environmental Protection Agency's (EPA) list of Violating Facilities
The subgrant recipient assures that the facilities under its ownership, lease or supervision which
shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of
SFY 2010
Page 14
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
Violating Facilities and that it will notify the Department of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA.
47. Flood Disaster Protection Act
The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of
1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in
communities where such insurance is available as a condition of the receipt of any federal
financial assistance for construction or acquisition purposes for use in any area that has been
identified as an area having special flood hazards.
48. National Historic Preservation Act
It will assist the Department (if necessary) in assuring compliance with section 106 of the National
Historic Preservation Act of 1966 (16 U.S.C. S 470), Ex. Order 11593 (identification and
protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16
U.S.C. S 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. S 4321).
49. Omnibus Crime Control and Safe Streets Act
The subgrant recipient will comply and assure the compliance of all contractors, with the
applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as
appropriate; the provisions of the current edition of the Office of Justice Program Financial and
Administrative Guide for Grants; and all other applicable State and Federal laws, orders,
circulars, or regulations.
50. Human Research Subjects
Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
51. National Information Exchange Model specifications
To support public safety and justice information sharing, the Office of Justice Programs requires
the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines
for this partiCUlar grant. Grantee shall publish and make available without restriction all schemas
generated as a result of this grant to the component registry as specified in the guidelines. For
more information on compliance with this condition, visit
http://wwwniem.qov/implementationquide.php.
52. Reporting, Data Collection and Evaluation
The subgrant recipient agrees to comply with all reporting, data collection and evaluation
requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the
Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the
Bureau of Justice Assistance.
SFY 2010
Page 15
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
53. Privacy Certification
The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section
3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or
information. Grantee further agrees, as a condition of grant approval, to submit a Privacy
Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section
22.23.
54. State Information Technology Point of Contact
The subgrant recipient agrees to ensure that the State Information Technology Point of Contact
receives written notification regarding any information technology project funded by this grant
during the obligation and expenditures period. This is to facilitate communication among local
and state governmental entities regarding various information technology projects being
conducted with these grant funds. In addition, the recipient agrees to maintain an administrative
file documenting the meeting of this requirement. For a list of State Information Technology
Points of Contact, go to http://www.it.Ojp.9ov/default.aspx?area=policyAndPractice&page=1 046.
55. Interstate Connectivity
To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of
Justice Assistance for law enforcement information sharing systems which involve interstate
connectivity between jurisdictions, such systems shall employ, to the extent possible, existing
networks as the communication backbone to achieve interstate connectivity, unless the subgrant
recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this
requirement would not be cost effective or would impair the functionality of an existing or
proposed IT system.
56. Supplanting
The subgrant recipient agrees that funds received under this award will not be used to supplant
State or local funds, but will be used to increase the amounts of such funds that would, in the
absence of Federal funds, be made available for law enforcement activities.
57. Conflict of Interest
The subgrant recipient and implementing agency will establish safeguards to prohibit employees
from using their positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest, or personal gain.
58. Uniform Relocation Assistance and Real Property Acquisitions Act
The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance
and Real Property Acquisitions Act of 1970 (42 U.S.C. S 4601 et seq.), which govern the
treatment of persons displaced as a result of federal and federally-assisted programs.
59. Limitations on Government Employees Financed by Federal Assistance
The subgrant recipient will comply with requirements of 5 U.S.C. SS 1501-08 and SS 7324-28,
which limit certain political activities of State or local government employees whose principal
employment is in connection with an activity financed in whole or in part by federal assistance.
60. Equal Treatment for Faith Based Organizations
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the
Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the
SFY 2010
Page 16
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
"Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that
Department of Justice grant awards of direct funding may not be used to fund any inherently
religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in
time or place from the Department of Justice funded program, and participation in such activities
by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal
Treatment Regulation also makes clear that organizations participating in programs directly
funded by the Department of Justice are not permitted to discriminate in the provision of services
on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award,
faith based organizations may, in some circumstances, consider religion as a basis for
employment. See http://www.ojp.gov/about/ocr/equaUbo.htm.
61. Certification for Employees Working Solely on a Single Federal Award
Any project staff that are fully funded by the grant must certify that they worked solely on the
grant. The certification must be prepared at least semi annually and must be signed by the
employee and by a supervisory official having first hand knowledge of the work performed by the
employee.
SFY 2010
Page 17
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
State of Florida
Department of Law Enforcement
OffIce of Criminal Justice Grants
Signature:
Typed Name and Title:
Date:
Subgrant Recipient
Authorizing OffIcial of Governmental Unit
(Commission Chalnnan. Meyor, or Designated Representative)
Typed Name of Subgrant Recipient:
Signature:
Typed Name and Title:
Date:
Implementing Agency
Offtctal, Admlnlatrator or Designated Representatfve
Typed Name of Implementing Agency:
Signature:
Typed Name and Title:
Date:
Application Ref #
Contract
201 0-JAGC-1 053
-JAGC-MONR- - -
Section #6 Page 1 of 1
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Insert Certifications and Authorizations here.
Application Ref #
Contract
201 0-JAGC-1 053
-JAGC-MONR- - -
Section #7 Page 1 of 1
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
CERTIFICATION FORM
Recipient Name and Address: Monroe County Board of County Commissioners
Grant Title: Monroe Youth Challenge Middle School Program V Grant Number: 201 0-JAGC-1 053 A ward Amount: $41,723.00
Contact Person Name and Title: Lisa Tennyson, Grants Administrator
Phone Number: (305)292-4444
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R ** 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need to submit the EEO P to OJP for rev iew. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (ifapplicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7th Street, N. W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that
apply.
o
o
o
Recipient has less than 50 em ployees,
Recipient is a non-profit organization,
Recipient is a medical institution,
o Recipient is an Indian tribe,
o Recipient is an educational institution, or
o Recipient is receiving an award less than $25,000
I, [responsible official], certifY that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R S42.302. I further certifY that
[recipient) will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Prin t or ty pe Name and Title
Signature
Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
Ifa recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. * 42.305):
I, Roman Gastesi, Jr., County Administrator [responsible official), certifY that
the Monroe County Board of County Commissioners [recipient), which has 50 or more
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
EEOP in accordance with 28 CFR S42.30 I, et seq., subpart E. I further certifY that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: Calvin Allen, EEO Officer, Monroe County BOCC [organization),
at 1100 Simonton Street, Key West, Florida 33040 [address),for review by the public and
employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations.
Roman Gastesi, Jr., County Administrator
Print or type Name and Title
Signature
Date
OMS Approval No. 1121-0140
Expiration Date: 01/31/06
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and
Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352. Title 31 of the U.S. Code. and implemented at 28
CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000, as defined at 28 CFR Part 69. the applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid. by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency. a member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
making of any federal grant, the entering into of any cooperative agreement, and
the extension, continuation. renewal. amendment, or modification of any federal
grant or cooperative agreement;
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or an employee of Congress, or an
employee of a member of Congress in connection with this federal grant or
cooperative agreement. the undersigned shall complete and submit Standard
Form - LLL, 'Disclosure of Lobbying Activities". in accordance with its instructions;
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including sUbgrants,
contracts under grants and cooperative agreements, and subcontracts) and that all
subrecipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension. and
implemented at 28 CFR Part 67. for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67, Section 67.510-
A. The applicant certifies that it and its principals:
(a) Are not presently debarred. suspended. proposed for debarment. declared
ineligible, sentenced to a denial of federal benefits by a State or Federal court. or
voluntarily excluded from covered transactions by any federal department or
agency;
FDLE JAG Grant Application PaCkage
(b) Have not within a three-year periOd preceding this application
been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with
obtaining. attempting to obtain. or performing a publiC (Federal. State.
or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement,
theft forgery, bribery. falsification or destruction of records. making
false statements. or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly
charged by a governmental entity (Federal, State. or local) with
commission of any of the offenses enumerated in paragraph (1) (b) of
this certification; and
(d) Have not within a three-year periOd preceding this application
had one or more public transactions (Federal, State. or local)
terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in
this certification, he or she shall attach an explanation to this
application.
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988. and
implemented at 28 CFR Part 67, Subpart F. for grantees, as defined
at 28 CFR Part 67 Sections 67.615 and 67.620-
A. The applicant certifies that it will or will continue to provide a drug-
free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing. possession. or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to inform
employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation. and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
LObbying, Debannent, Suspension, and Drug-Free Workplace Certification
Page 1
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant ProQram
(e) Making it a requirement that each employee to be engaged in the performance
of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that. as a
condition of employment under the grant. the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after the conviction;
(e) Notifying the agency, in writing. within 10 calendar days after receiving notice
under subparagraph (d) (2) from an employee or otherwise receiving actual notice
of such conviction. Employers of convicted employees must provide notice
including position title. to: Department of Justice, Office of Justice Programs,
ATTN: Control Desk. 633 Indiana Avenue. N.W.. Washington, D.C. 20531. Notice
shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions. within 30 calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee. up to and
including termination. consistent with the requirements of the Rehabilitation Act of
1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health, law enforcement. or other appropriate agency;
(9) Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (a), (b). (c). (d). (e). and (I).
B. The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant
Place of Performance (Street address. city, county. state. zip code)
Check here _ If there are workplaces on file that are not identified
here.
Section 67.630 of the regulations provides that a grantee that is a
State may elect to make one certification in each Federal fiscal year.
A copy of which should be included with each application for
Department of Justice funding. States and State agencies may elect
to use OJP Form 406117.
Check here _ If the State has elected to complete OJP Form
406117.
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F. for grantees, as defined
at 28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant, I certify that I will not engage in the
unlawful manufacture, distribution. dispensing. possession, or use of
a controlled substance in conducting any activity with the grant; and
B. If convicted of a criminal drug offense resulting from a violation
occurring during the conduct of any grant activity, I will report the
conviction, in writing, within 10 calendar days of the conviction, to:
Department of Justice, Office of Justice Programs, ATTN: Control
Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
1. Grantee Name and Address:
2. Project Name:
3. Typed Name and Title of Authorized Representative:
4. Signature:
FDLE JAG Grant Application Package
5. Date:
Lobbying, Debannent, Suspension, and Drug-Free Workplace Certification
Page 2
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Subgrant Recipient
Organization Name: Monroe County Board of Commissioners
County: Monroe
Chief Official
Name: George Neugent
Title: Mayor
Address: 1100 Simonton Street
City: Key West
State: FL Zip: 33040
Phone: 305-289-6039 Ext:
Fax: 305-872-9195
Email: boccdis1@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
Email: dkolhage@monroe-c1erk.com
Application Ref #
Contract
201 0-JAGC-1 062
-JAGC-MONR- - -
Section #1 Page 1 of 2
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
I
Implementing Agency
Organization Name:
County:
Monroe County Board of Commissioners
Monroe
Chief Official
Name: George Neugent
Title: Mayor
Address: 1100 Simonton Street
City: Key West
State: FL Zip: 33040
Phone: 305-289-6039 Ext:
Fax: 305-872-9195
Email: boccdis1@monroecounty-f1.gov
Project Director
Name: Lisa Tennyson
Title: Grants Administrator
Address: 1100 Simonton Street
Room 2-213
Key West
FL
305-292-4444
City:
State:
Phone:
Fax:
Email:
Zip:
Ext:
33040
T ennyson-Lisa@monroecounty-f1.gov
Application Ref # 2010-JAGC-1062
Contract -JAGC-MONR- - -
Section #1 Page 2 of 2
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Subgrant Recipient:
Implementing Agency:
Project Start Date:
Problem Identification
General Project Information
Project Title: WOMEN IN TRANSITION: RECIVIDISM PREVENTION PROGRAM
FOR WOMEN WITH HISTORIES OF SUBSTANCE ABUSE AND
INCARCERATION
Monroe County Board of Commissioners
Monroe County Board of Commissioners
10/1/2009 End Date: 9/30/2010
The problem is the lack of funds necessary to provide drug testing as part of a comprehensive
support program for women who have a history of substance abuse and incarceration and are in a
food and shelter crisis. Without comprehensive support, these women often end up re-arrested
and re-incarcerated and unable to break the cycle of addiction.
Samuel's House is a provider of emergency and long term shelter for homeless women and
women with children. Most of the women who come to the shelter have substance abuse issues;
many also have a history of incarceration.
During 2008, Samuel's House provided up to 46 beds per night for 153 homeless women and
their children - almost 17,000 nights of shelter. A large number of requests come from women
who have either just been released from incarceration or have a history of arrests. An increasing
number of these women are referred to the agency through the legal process - from jail or even
court-mandated. Because of their drug and alcohol addiction, many of the women coming for
shelter are homeless, unemployed, ill and have either committed crimes or had crimes committed
against them. Without the shelter, case management and other services offered to them by
Samuel's House, the rate of recidivism is great.
Agency statistics indicate that for 2008, almost 100% of the 153 women served at the shelter
reported having substance abuse issues. Due to the prevalence of substance abuse history
among clients, Samuel's House screens each woman for alcohol use prior to being admitted. Also,
compliance with random drug testing is mandatory for continued participation in the program. The
cost of one drug test is $13.00. In 2008, 1,470 tests were administered. It is expected that an
increased number of tests will be required this year as the shelter is seeing an increased number
of women needing shelter.
Just as the numbers of women requesting shelter from Samuel's House have increased from
2008, so have the numbers of women with substance abuse issues. Data from the Monroe
County Sheriffs office indicate 6,447 substance abuse related bookings (19,631 jail days) were
reported in 2007-08. The Monroe County Detention Center reports over 80% of those arrested
have substance abuse problems and high rates of recidivism. Records of HELPLINE, a 24-hour
crisis intervention, information and referral service in Monroe County report 2,355 substance
abuse prevention calls in 2008. And, throughout Monroe County, an inordinate number of women-
in-crisis are homeless due to substance-abuse.
Once admitted to the shelter, each woman is provided case management services, through the
Women-In-Transition (WIT) program, that include mental/physical health care, individualized
counseling, help with finding a job, assistance with childcare, and
Application Ref #
Contract
201 0-JAGC-1 062
-JAGC-MONR- - -
Section #2 Page 1 of 3
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
r. c
recovery assistance.
Drug testing is an important component to this program. Not only is staying drug and alcohol
free necessary for remaining sheltered at Samuel's House, these are critical steps in avoiding
incarceration or re-incarceration and moving toward a better life and future. Samuel's House has
proven that random drug testing is an effective tool for encouraging a woman to remain sober and
drug-free.
The WIT program has reached beyond the targeted number of clients anticipated during the first
year of operation. It was anticipated that 55 women would be served by WIT in a year. However,
111 women have participated in WIT during the first year, placing the program at 201 % of the
anticipated enrollment goal. Significant reductions in alcohol and drug use were evident from
admission to six-months. Significant reductions in stress and emotional problems related to alcohol
and drug use were evident from admission to six months. Employment and health situations
improved as did the number of women who were able to acquire permanent housing when they left
Samuel's House.
Unfortunately, grant funds for the Women in Transition program are restricted and do now allow
for services such as drug testing. In addition, other grant funds are decreasing at a time when the
need for shelter is increasing. The agency is increasingly financially-strained by rising costs, and
cannot afford to cover the costs of drug-testing, a critical and effective component of the Women In
Transition program.
Project Summary
With a grant from FDLE, Samuel's House will be able to provide drug-testing as part of its
Women-In- Transition program, a comprehensive case-management/recovery support program for
women with histories of substance abuse and incarceration. This grant will enable Samuel's
House to provide 1,668 drug tests. The goal of the WIT program is to provide substance abuse
recovery and other supports to keep women alcohol and drug-free and to prevent incarceration or
re-incarceration. Drug-testing is an important component of the program.
Samuel's House partners with and has clients referred from the Monroe County Sheriffs Office,
the agencies of Southernmost Homeless Assistance League, the Care Center for Mental Health
and other organizations throughout Monroe County.
Application Ref #
Contract
201 0-JAGC-1 062
-JAGC-MONR- - -
Section #2 Page 2 of 3
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section Questions:
Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from
the U.S. Department of Justice?
Answer: No
Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or
more from the U.S. Department of Justice?
Answer: No
Application Ref #
Contract
201 0-JAGC-1 062
-JAGC-MONR- - -
Section #2 Page 3 of 3
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding 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: E - Equipment Supplies - Purchase Equipment/Supplies
Activity Description
Activity: Equipment and Supplies
Target Group: Equipment and Supplies
Geographic Area: County-Wide
Location Type: Other
Address(es) :
Samuel's House
1614 Truesdell Court
Key West, FL 33040
Objectives and Measures
Objective: 25.E.SI - Amount of funds expended on equipment and/or supplies
Measure: Part 1
Amount of funds to be expended to purchase equipment and/or supplies
Goal: 21700
Objective: 26.E.SI - Types of equipment and/or supplies purchased with JAG funds
Measure: Part 1
Purchase court supplies
Goal: No
Measure: Part 2
Purchase computer software
Goal: No
Measure: Part 3
Purchase firearms
Goal: No
Measure: Part 4
Purchase equipment and/or supplies other than court supplies, computer
Application Ref #
Contract
201 0-JAGC-1 062
-JAGC-MONR- - -
Section #3 Page 1 of 3
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
software, or firearms
Goal: Yes
Objective: 27.E.SI - Number of units to directly benefit from equipment and/or supplies
purchased with JAG funds
Measure: Part 1
Number of units that expended grant funds to purchase equipment or supplies
Goal:
Measure: Part 2
Number of units that will directly benefit from equipment and/or supplies purchased
with JAG funds
Goal: 1
Application Ref #
Contract
201 0-JAGC-1 062
-JAGC-MONR- - -
Section #3 Page 2 of 3
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
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: NA
Question: If "other" was selected for location type, please describe.
Answer: Emergency and long-term shelter, Samuel's House.
Application Ref #
Contract
201 0-JAGC-1 062
-JAGC-MONR- - -
Section #3 Page 3 of 3
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Financial Info:
Note: All financial remittances will be sent to the Chief Financial Officer
of the Subgrantee Organization.
Financial Reporting Frequency for this Subgrant: Quarterly
Is the subgrantee a state agency?: No
FLAIR I Vendor Number: 596000749
Budget:
Budget Category Federal Match Total
Salaries and Benefits $0.00 $0.00 $0.00
Contractual Services $0.00 $0.00 $0.00
Expenses $21,700.00 $0.00 $21,700.00
Operating Capital $0.00 $0.00 $0.00
Outlay
Indirect Costs $0.00 $0.00 $0.00
.. Totals .. $21,700.00 $0.00 $21,700.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref #
Contract
201 0-JAGC-1 062
-JAGC-MONR- - -
Section #4 Page 1 of 3
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Budget Narrative:
BUDGET NARRATIVE
CONTRACTUAL SERVICES:
Samuel's House will administer 1,668 drug tests to women in its Shelter and Long Term Housing.
One Unit = One drug test
Unit Cost = $13.01
Total Units = 1,668
TOTAL BUDGET = 1,668 x $13.01 = 21,700
Application Ref #
Contract
201 0-JAGC-1 062
-JAGC-MONR- - -
Section #4 Page 2 of 3
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section Questions:
Question: If salaries and benefits are included in the budget as actual costs for staff in the
implementing agency, is there a net personnel increase, or a continued net personnel
increase from the previous Byrne program?
Answer: NA
Question: If benefits are to be included, are they reflected in the budget narrative?
Answer: NA
Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or
implementing agency, if it is the sheriffs office.
Answer: Monroe County's OCO threshold is $1,000.
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: NA
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: Unit Cost Basis
One Unit = One drug test
Unit Cost = $13.01
Total Units = 1,668
Total Budget = $21,700
Application Ref #
Contract
2010-JAGC-1062
-JAGC-MONR- - -
Section #4 Page 3 of 3
Rule Reference 110-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section 5: Standard Conditions
Insert Standard Conditions Page here.
Application Ref #
Contract
201 0-JAGC-1 062
-JAGC-MONR- - -
Section #5 Page 1 of 1
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
I Standard Conditions
Conditions of agreement requiring compliance by units of local government (subgrant recipients),
implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in
this section. Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding. Failure to comply with provisions of this agreement will result in
required corrective action up to and including project costs being disallowed and termination of the
project, as specified in item 17 of this section.
1. All Subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance
Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines
and requirements and Florida laws and regulations including but not limited to:
· Florida Administrative Code, Chapter 11D-9, "Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program"
· Office of Management and Budget (OMB) Circular A-21 (2 CFR 220), "Cost Principles for
Educational Institutions"
· OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal
Governments"
· OMB Circular A-102, "Grants and Cooperative Agreements with State and Local
Governments"
· OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and
Cooperative Agreements"
· OMB Circular A-122 (2 CFR 230), "Cost Principles for Non-Profit Organizations"
· OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit
Organizations"
· 28 CFR 38, "Equal Treatment for Faith-Based Organizations"
· 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local
Governments" (Common Rule)
· 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)"
· 28 CFR 18,22,23,30,35,42,61, and 63
· Public Law 109-162, Title XI-Department of Justice Reauthorization, Subtitle B-
Improving the Department of Justice's Grant Programs, Chapter 1-Assisting Law
Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program
and Local Law Enforcement Block Grant Program
· 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles and standards for selected cost items set forth in the Office of Justice Programs
Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments
and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions."
b. All procedures employed in the use of federal funds for any procurement shall be according
to U.S. Department of Justice Common Rule for State and Local Governments, or OMB
Circular A-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement.
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
3. Reports
a. Project Performance Reports
(1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, within 15 days after the end of the reporting period. In addition, if the
subgrant award period is extended beyond the "original" project period, additional
Quarterly Project Performance Reports shall be submitted.
Failure to submit Quarterly Performance Reports that are complete, accurate, and timely
may result in sanctions, as specified in item 17, Performance of Agreement Provisions.
(2) Report Contents: Performance reports must include a response to all objectives included
in your subgrant. A detailed response is required in the narrative portion for yes/no
performance objectives. The narrative must also reflect on accomplishments for the
quarter and identify problems with project implementation and address actions being
taken to resolve the problems.
b. Financial Reports
(1) Project Expenditure Reports
(a) The subgrant recipient shall have a choice of submitting either a Monthly or a
Quarterly Project Expenditure Report to the Department. Project Expenditure
Reports are due thirty-one (31) days after the end of the reporting period. In addition,
if the subgrant award period is extended, additional Project Expenditure Reports shall
be submitted. Project Expenditure Reports for grants made under the Recovery Act
must be submitted monthly. See the Recovery Act Conditions for additional
information.
(b) All project expenditures for reimbursement of subgrant recipient costs shall be
submitted on the Project Expenditure Report Forms prescribed and provided by the
Office of Criminal Justice Grants (OCJG) through the Subgrant Information
Management ON-line (SIMON) system.
(c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-
audit and post-audit.
(d) Before the "final" Project Expenditure Report will be processed, the subgrant
recipient must submit to the Department all outstanding project reports and must
have satisfied all special conditions. Failure to comply with the above provisions
shall result in forfeiture of reimbursement.
(e) Reports are to be submitted even when no reimbursement is being requested.
(2) The Financial Closeout Documentation shall be submitted to the Department within forty-
five (45) days of the subgrant termination date.
(3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income
Reports to the Department within 31 days after the end of the reporting period covering
subgrant project generated income and expenditures during the previous quarter. If any
PGI remains unspent after the subgrant ends, the subgrant recipient must continue
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
submitting quarterly PGI reports until all funds are expended. (See Item 10, Program
Income.)
c. Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs
Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and A-110, or A-102 as
applicable, in their entirety.
c. All funds not spent according to this agreement shall be subject to repayment by the subgrant
recipient.
5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
7. Advance Funding
Advance funding shall be provided to a subgrant recipient upon a written request to the
Department.
8. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds.
The trust fund mayor may not be an interest bearing account.
b. The account may earn interest, but any earned interest must be used for program purposes
and expended before the subgrant end date. Any unexpended interest remaining at the
end of the subgrant period must be submitted to the Office of Criminal Justice Grants for
transmittal to the Bureau of Justice Assistance.
9. Travel and Training
The cost of all travel shall be reimbursed according to the subgrant recipient's written travel
policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be
reimbursed according to ~ 112.061, Fla. Stat.
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
10. Program Income (also known as Project Generated Income)
a. All income generated as a direct result of a subgrant project shall be deemed program
income.
b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report
to report how much PGI was earned during each quarter. A report must be submitted each
quarter even if no PGI was earned or expended.
c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants.
Program income must be used for the purposes of and under the conditions applicable to
the award. If the cost is allowable under the Federal grant program, then the cost would be
allowable using program income.
d. Program income should be used as earned and expended as soon as possible. Any
unexpended PGI remaining at the end of the Federal grant period must be submitted to the
Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance.
11. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment
of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs)
for an eight-hour day. Approval shall be based upon the contract's compliance with requirements
found in the Financial Guide, the Common Rule, and in applicable state statutes. The
Department's approval of the subgrant recipient agreement does not constitute approval of
consultant contracts. If consultants are hired through a competitive bidding process (not sole
source), the $450 threshold does not apply.
12. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to S 274, Fla. Stat.
b. The subgrant recipient shall establish and administer a system to protect, preserve, use,
maintain and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement according to federal property management standards set forth in
the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for
State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable.
This obligation continues as long as the subgrant recipient retains the property,
notwithstanding expiration of this agreement.
13. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed by the terms of the Office of Justice Programs
Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and
Local Governments, or the federal OMB Circular A-11 0 or A-1 02, as applicable.
14. Copyright
The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that will be published, including web-based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following statements:
"This project was supported by Award No. [contact the Office of Criminal Justice Grants for award
number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions,
findings, and conclusions or recommendations expressed in this publication/program/exhibition
are those of the author(s) and do not necessarily reflect the views of the Department of Justice."
16. Audit
a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program-specific audit conducted for that year. The audit shall be performed in
accordance with the federal OMB Circular A-133 and other applicable federal law. The
contract for this agreement shall be identified in the Schedule of Federal Financial Assistance
in the subject audit. The contract shall be identified as federal funds passed through the
Florida Department of Law Enforcement and include the contract number, CFDA number,
award amount, contract period, funds received and disbursed. When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of 9
11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; 9215.97, Fla. Stat. ,
"Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local
Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit
and For-Profit Organizations."
b. A complete audit report that covers any portion of the effective dates of this agreement must
be submitted within 30 days after its completion, but no later than nine (9) months after the
audit period. In order to be complete, the submitted report shall include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is issued, unless extended in writing by the Department.
f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this
case, written notification, which can be in the form of the "Certification of Audit Exemption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt. This notice shall be provided to the Department no later than
March 1 following the end of the fiscal year.
SFY 2010 Page 5
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or written notification of audit exemption should be sent to the
following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the
subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
18. Commencement of Project
a. If a project is not operational within 60 days of the original start date of the award period, the
subrecipient must report by letter to the Department the steps taken to initiate the project, the
reasons for delay, and the expected start date.
b. If a project is not operational within 90 days of the original start date of the award period, the
subrecipient must submit a second statement to the Department explaining the
implementation delay.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-
obligate subgrant funds to other Department approved projects. The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written adjustment to this agreement.
19. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
reason of any failure in performance of this agreement according to its terms (including any
failure by the subgrant recipient to make progress in the execution of work hereunder which
endangers such performance) if such failure arises out of causes beyond the control and
without the fault or negligence of the subgrant recipient. Such causes include, but are not
limited to, acts of God or of the public enemy, acts of the government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
SFY 2010 Page 6
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly.
20. Written Approval of Changes in this Approved Agreement
a. Subgrant recipients must obtain prior approval from the Department for major substantive
changes such as changes in project activities, target populations, service providers,
implementation schedules, project director, and designs or research plans set forth in the
approved agreement and for any budget changes that will transfer more than 10% of the total
budget between budget categories.
b. Subgrant recipients may transfer up to 10% of the total budget between current, approved
budget categories without prior approval as long as the funds are transferred to an existing
line item
c. Under no circumstances can transfers of funds increase the total budgeted award.
21. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes,
disagreements, or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The
subgrant recipient's right to appeal the Department's decision is contained in 3 120, Fla. Stat.,
and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to
appeal within this time frame constitutes a waiver of proceedings under 3 120, Fla. Stat.
22. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time, a
representative of the Department, of the U.S. Department of Justice, or the Auditor General of the
State of Florida, have the right of visiting the project site to monitor, inspect and assess work
performed under this agreement.
23. Access To Records
a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S.
Department of Justice, the U.S. Comptroller General or any of their duly authorized
representatives, shall have access to books, documents, papers and records of the subgrant
recipient, implementing agency and contractors for the purpose of audit and examination
according to the Financial Guide and the Common Rule.
b. The Department reserves the right to unilaterally terminate this agreement if the subgrant
recipient, implementing agency, or contractor refuses to allow public access to all documents,
papers, letters, or other materials subject to provisions of 3 119, Fla. Stat. , and
SFY 2010
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
made or received by the subgrant recipient or its contractor in conjunction with this
agreement.
c. The subgrant recipient will give the awarding agency or the General Accounting Office,
through any authorized representative, access to and the right to examine all paper or
electronic records related to the financial assistance.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
25. Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to the approved agreement. The prior mentioned individuals
have authority to sign or make amendments to the Sole Source, ADP Justification and the
Privacy Certification forms. The Project Director has authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief officer or elected official must submit to the
Department a letter or resolution indicating the person given signature authority. The letter
indicating delegation of signature authority must be signed by the chief officer or elected official
and the person receiving signature authority. The letter must also specify the authority being
delegated.
27. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for
the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the
Department must be notified in writing with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless otherwise provided by law, the provisions of S 435, Fla. Stat. shall
apply.
a. All positions in programs providing care to children, the developmentally disabled, or
vulnerable adults for 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotline; and all persons working under contract who have
access to abuse records are deemed to be persons and positions of special trust or
responsibility and require employment screening pursuant to S 435, Fla. Stat., using the level
2 standards set forth in that chapter.
b. All employees in positions designated by law as positions of trust or responsibility shall be
required to undergo security background investigations as a condition of employment and
continued employment. For the purposes of the subsection, security background
investigations shall include, but not be limited to, employment history checks, fingerprinting
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency or employee. When fingerprinting is required, the fingerprints of the employee
or applicant for employment shall be taken by the employing agency or by an
authorized law enforcement officer and submitted to the Department of Law
Enforcement for processing and forwarding, when requested by the employing agency,
to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of Law Enforcement for any costs incurred by it in the
processing of the fingerprints.
29. Drug Court Projects
A Drug Court Project must comply with S 397.334, Fla. Stat., "Treatment-Based Drug Court
Programs."
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence System
The subgrant recipient agrees that any information technology system funded or supported by the
Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal'ntelligence
Systems Operating Policies, if the Office of Justice Programs determines this regulation to be
applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable,
the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28
C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as
per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of the Office of Justice Programs Financial Guide is required from all projects
that are involved with confidential funds. The signed certification must be submitted at the time of
grant application.
33. Equal Employment Opportunity (EEO)
a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of
race, color, national origin, religion, sex, disability, or age in funded programs or activities. All
subgrant recipients and implementing agencies must comply with any applicable statutorily-
imposed nondiscrimination requirements, which may include the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. S 3789d); the Victims of Crime Act (42 U.S.C. S
10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. S
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
5672(b)); the Civil Rights Act of 1964 (42 U.S.C. & 2000d); the Rehabilitation Act of 1973 (29
U.S.C. & 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. & 12131-34); the
Education Amendments of 1972 (20 U.S.C. &&1681,1683,1685-86); the Age Discrimination
Act of 1975 (42 U.S.C. && 6101-07); and Department of Justice Non-Discrimination
Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith-
based and community organizations).
b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more
employees and it has received any single award of $25,000 or more from the Department of
Justice. The plan must be prepared using the on-line short form at
http://www.ojp.usdoj.gov/abouUocr/eeoP30mply.htm. must be retained by the subgrant
recipient or implementing agency, and must be available for review or audit. The
organization must also submit an EEO Certification to FDLE.
c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has
received any single award of $500,000 or more from the Department of Justice, it must
submit its plan to the Department of Justice for approval. A copy of the Department of
Justice approval letter must be submitted to FDLE. The approval letter expires two years
from the date of the letter.
d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is
has fewer than 50 employees or if it does not receive any single award of $25,000 or more
from the Department of Justice or if it is a nonprofit organization, a medical or educational
institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it
must submit an EEO Certification to FDLE.
e. The subgrant recipient and implementing agency acknowledge that failure to comply with
EEO Requirements within 60 days of the project start date may result in suspension or
termination of funding, until such time as it is in compliance.
f. In the event a Federal or State court of Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
of the finding to the Office for Civil Rights, Office of Justice Programs.
34. Americans with Disabilities Act
Subgrant recipients must comply with the requirements of the Americans with Disabilities Act
(ADA), Public Law 101-336, which prohibits discrimination by publiC and private entities on the
basis of disability and requires certain accommodations be made with regard to employment
(Title I), state and local government services and transportation (Title II), public accommodations
(Title III), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act (UlNA"). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
36. National Environmental Policy Act (NEPA)
a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National
Historic Preservation Act, and other related federal environmental impact analyses
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
requirements in the use of subgrant funds by the subgrant recipient. This applies to the
following new activities whether or not they are being specifically funded with these subgrant
funds. That is, it applies as long as the activity is being conducted by the subgrant recipient
or any third party and the activity needs to be undertaken in order to use these subgrant
funds,
(1) New construction;
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on
the National Register of Historic Places or (b) located within a 100-year flood plain;
(3) A renovation, lease, or any other proposed use of a building or facility that will either (a)
result in a change in its basic prior use or (b) significantly change its size; and
(4) Implementation of a new program involving the use of chemicals other than chemicals
that are (a) purchased as an incidental component of a funded activity and (b)
traditionally used, for example, in office, household, recreational, or educational
environments.
(5) Implementation of a program relating to clandestine methamphetamine laboratory
operations, including the identification, seizure, or closure of clandestine
methamphetamine laboratories.
b. The subgrant recipient understands and agrees that complying with NEPA may require the
preparation of an Environmental Assessment and/or an Environmental Impact Statement, as
directed by the Bureau of Justice Assistance. The subgrant recipient further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed by the
Department of Justice, for programs relating to methamphetamine laboratory operations.
c. For any of a subgrant recipient's existing programs or activities that will be funded by these
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with the Department of Justice in any preparation
by Department of Justice of a national or program environmental assessment of that funded
program or activity.
37. Non-Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And
Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall
not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless
authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and
implementing agency certify that they and their principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1 )(b) of this certification; and
d. Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more.
b. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person
who fails to file the required certification is subject to a civil penalty of not less than $10,000
and not more than $100,000 for each failure to file.
c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant
certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that all sub-recipients shall
certify and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Additional Restrictions on Lobbying
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of the Office of
Justice Programs.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
41. "Pay - to - Stay"
Funds from this award may not be used to operate a "pay-to-stay" program in any local jail.
Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local
jail," as referenced in this condition, means an adult facility or detention center owned andlor
operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-
stay" programs as referenced in this condition, means a program by which extraordinary services,
amenities and/or accommodations, not otherwise available to the general inmate population, may
be provided, based upon as offender's apparent ability to pay, such that disparate conditions of
confinement are created for the same or similar offenders within a jurisdiction.
42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
If an award is made to support methamphetamine laboratory operations the subgrant recipient
must comply with this condition, which provides for individual site environmental
assessment/impact statements as required under the National Environmental Policy Act.
a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and
local environmental, health and safety laws and regulations applicable to the investigation
and closure of clandestine methamphetamine laboratories and the removal and disposal of
the chemicals, equipment, and wastes used in or resulting from the operation of these
laboratories.
b. Specific Requirements: The subgrant recipient understands and agrees that any program or
initiative involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste from a seized laboratory's operations are placed or come to rest.
Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible
adverse health, safety and environmental impacts from any of clandestine
methamphetamine operations funded under this award, it will (1) include the nine, below
listed protective measures or components; (2) provide for their adequate funding to include
funding, as necessary, beyond that provided by this award; and (3) implement these
protective measures directly throughout the life of the subgrant. In so doing, the subgrant
recipient understands that it may implement these protective measures directly through the
use of its own resources and staff or may secure the qualified services of other agencies,
contractor or other qualified third party.
(1) Provide medical screening of personnel assigned or to be assigned by the subgrant
recipient to the seizure or closure if of clandestine methamphetamine laboratories;
(2) Provide Occupational Safety and Health Administration (OSHA) required initial and
refresher training for law enforcement officials and other personnel assigned by the
subgrant recipient to either the seizure or closure of clandestine methamphetamine
laboratories;
(3) As determined by their speCific duties, equip personnel assigned to the project with
OSHA required protective wear and other required safety equipment;
(4) Assign properly trained personnel to prepare a comprehensive contamination report on
each closed laboratory;
(5) Employ qualified disposal contractors to remove all chemicals and associated
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
glassware, equipment, and contaminated materials and wastes from the site(s) of each
seized clandestine laboratory;
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, properly licensed recycling facilities;
(7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6
immediately above in order to ensure proper compliance;
(8) Have in place and implement an inter-agency agreement or other form of commitment
with a responsible State environmental agency that provides for that agency's (i) timely
evaluation of the environmental conditions at and around the site of a closed clandestine
laboratory and (ii) coordination with the responsible party, property owner, or others to
ensure that any residual contamination is remediated, if necessary, and in accordance
with existing State and Federal requirements; and
(9) Have in place and implement a written agreement with the responsible state or local
service agencies to properly respond to any minor, as defined by state law, at the site.
This agreement must ensure immediate response by qualified personnel who can (i)
respond to the potential health needs of any minor at the site; (ii) take that minor into
protective custody unless the minor is criminally involved in the meth lab activities or is
subject to arrest for other criminal violations; (iii) ensure immediate medical testing for
methamphetamine toxicity; and (iv) arrange for any follow-up medical tests,
examinations, or health care made necessary as a result of methamphetamine toxicity.
43. Limited English Proficiency (LEP)
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of
1964,42 U.S.C. S 2000d, recipients of Federal financial assistance must take reasonable steps to
provide meaningful access to their programs and activities for persons with LEP. For more
information on the civil rights responsibilities that recipients have in providing language services
to LEP individuals, please see the website at http://www.lep.qov.
44. The Coastal Barrier Resources Act
The subgrant recipient will comply and assure the compliance of all contractors with the
provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC
3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the
Coastal Barrier Resources System.
45. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a. Have an adequate process to assess the impact of any enhancement of a school security
measure that is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken.
b. Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
46. Environmental Protection Agency's (EPA) list of Violating Facilities
The subgrant recipient assures that the facilities under its ownership, lease or supervision which
shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
Violating Facilities and that it will notify the Department of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA.
47. Flood Disaster Protection Act
The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of
1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in
communities where such insurance is available as a condition of the receipt of any federal
financial assistance for construction or acquisition purposes for use in any area that has been
identified as an area having special flood hazards.
48. National Historic Preservation Act
It will assist the Department (if necessary) in assuring compliance with section 106 of the National
Historic Preservation Act of 1966 (16 U.S.C. S 470), Ex. Order 11593 (identification and
protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16
U.S.C. S 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. S 4321).
49. Omnibus Crime Control and Safe Streets Act
The subgrant recipient will comply and assure the compliance of all contractors, with the
applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as
appropriate; the provisions of the current edition of the Office of Justice Program Financial and
Administrative Guide for Grants; and all other applicable State and Federal laws, orders,
circulars, or regulations.
50. Human Research Subjects
Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
51. National Information Exchange Model specifications
To support public safety and justice information sharing, the Office of Justice Programs requires
the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines
for this particular grant. Grantee shall publiSh and make available without restriction all schemas
generated as a result of this grant to the component registry as specified in the guidelines. For
more information on compliance with this condition, visit
http://www.niem.gov/implementationQuide.php.
52. Reporting, Data Collection and Evaluation
The subgrant recipient agrees to comply with all reporting, data collection and evaluation
requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the
Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the
Bureau of Justice Assistance.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
53. Privacy Certification
The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section
3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or
information. Grantee further agrees, as a condition of grant approval, to submit a Privacy
Certificate that is in accord with requirements of 28 C. F.R. Part 22 and, in particular, section
22.23.
54. State Information Technology Point of Contact
The subgrant recipient agrees to ensure that the State Information Technology Point of Contact
receives written notification regarding any information technology project funded by this grant
during the obligation and expenditures period. This is to facilitate communication among local
and state governmental entities regarding various information technology projects being
conducted with these grant funds. In addition, the recipient agrees to maintain an administrative
file documenting the meeting of this requirement. For a list of State Information Technology
Points of Contact, go to http://www.it. ojp. gov/defau It. aspx?area=policy And Practice&page= 1046.
55. Interstate Connectivity
To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of
Justice Assistance for law enforcement information sharing systems which involve interstate
connectivity between jurisdictions, such systems shall employ, to the extent possible, existing
networks as the communication backbone to achieve interstate connectivity, unless the subgrant
recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this
requirement would not be cost effective or would impair the functionality of an existing or
proposed IT system.
56. Supplanting
The subgrant recipient agrees that funds received under this award will not be used to supplant
State or local funds, but will be used to increase the amounts of such funds that would, in the
absence of Federal funds, be made available for law enforcement activities.
57. Conflict of Interest
The subgrant recipient and implementing agency will establish safeguards to prohibit employees
from using their positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest, or personal gain.
58. Uniform Relocation Assistance and Real Property Acquisitions Act
The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance
and Real Property Acquisitions Act of 1970 (42 U.S.C. S 4601 et seq.), which govern the
treatment of persons displaced as a result of federal and federally-assisted programs.
59. Limitations on Government Employees Financed by Federal Assistance
The subgrant recipient will comply with requirements of 5 U.S.C. SS 1501-08 and SS 7324-28,
which limit certain political activities of State or local government employees whose principal
employment is in connection with an activity financed in whole or in part by federal assistance.
60. Equal Treatment for Faith Based Organizations
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the
Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
"Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that
Department of Justice grant awards of direct funding may not be used to fund any inherently
religious activities, such as worship, religious instruction, or proselytization. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in
time or place from the Department of Justice funded program, and participation in such activities
by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal
Treatment Regulation also makes clear that organizations participating in programs directly
funded by the Department of Justice are not permitted to discriminate in the provision of services
on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award,
faith based organizations may, in some circumstances, consider religion as a basis for
employment. See http://www.ojp.gov/aboutlocr/equaUbo.htm.
61. Certification for Employees Working Solely on a Single Federal Award
Any project staff that are fully funded by the grant must certify that they worked solely on the
grant. The certification must be prepared at least semi annually and must be signed by the
employee and by a supervisory official having first hand knowledge of the work performed by the
employee.
SFY 2010
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
State of Florida
Deparbnent of Law Enforcement
OffIce of Criminal Justice Grants
Signature:
Typed Name and Title:
Date:
Subgrant Recipient
AuthorizIng OffIcial of Governmental Unit
(Commission Chairman, Mayor, or Designated Representative)
Typed Name of Subgrant Recipient:
Signature:
Typed Name and Title:
Date:
Implementing Agency
Offtclal, Administrator or Designated Representative
Typed Name of Implementing Agency:
Signature:
Typed Name and Title:
Date:
Application Ref #
Contract
201 0-JAGC-1 062
-JAGC-MONR- - -
Section #6 Page 1 of 1
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Insert Certifications and Authorizations here.
Application Ref #
Contract
Section #7 Page 1 of 1
201 0-JAGC-1 062
-JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
CERTIFICATION FORM
Recipient Name and Address: Monroe County Board of County Commissioners
Grant Title: Women In Transition: Recividism Prevention Grant Number: 201 0-JAGC-1062 Award Amount: $21,700
Contact Person Name and Title: Lisa Tennyson, Grants Administrator
Phone Number: (305j 292-4444
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEO P) in accordance with 28 C. F.R 99 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B. not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (ifapplicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7th Street, N. W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check at! the boxes that
apply.
o
o
o
Recipient has less than 50 em ployees,
Recipient is a non-profit organization,
Recipient is a medical institution,
o Recipient is an Indian tribe,
o Recipient is an educational institution, or
o Recipient is receiving an award less than $25,000
I, [responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R 942.302. I further certify that
[recipient] will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title
Signature
Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
Ifa recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. ~ 42.305):
I, Roman Gastesi, Jr., County Administrator [responsible official], certify that
the Monroe County Board of County Commissioners [recipient], which has 50 or more
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
EEOP in accordance with 28 CFR 942.301, et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: Calvin Allen, EEO Officer, Monroe County BOCC [organization],
at 1100 Simonton Street, Key West, Florida 33040 [address],for review by the public and
employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations.
Roman Gastesi, Jr., County Administrator
Print or type Name and Title
Signature
Date
OMB Approval No. 1121-0140
Expiration Date 0 I /3 1/06
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and
Govemment-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352. Title 31 of the U.S. Code. and implemented at28
CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000, as defined at28 CFR Part 69, the applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid. by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress. an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
making of any federal grant. the entering into of any cooperative agreement, and
the extension. continuation. renewal, amendment. or modification of any federal
grant or cooperative agreement;
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or an employee of Congress. or an
employee of a member of Congress in connection with this federal grant or
cooperative agreement, the undersigned shall complete and submit Standard
Form -lll. "Disclosure of lobbying Activities'. in accordance with its instructions;
(e) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subgrants.
contracts under grants and cooperative agreements. and subcontracts) and that all
subrecipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549. Debarment and Suspension. and
implemented at 28 CFR Part 67. for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67. Section 67.510-
A. The applicant certifies that it and its principals:
(a) Are not presently debarred. suspended, proposed for debarment, declared
ineligible, sentenced to a denial of federal benefits by a State or Federal court, or
voluntarily excluded from covered transactions by any federal department or
agency;
FDLE JAG Grant Application Package
(b) Have not within a three-year period preceding this application
been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense In connection with
obtaining. attempting to obtain, or performing a public (Federal, State,
or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement,
theft forgery. bribery. falsification or destruction of records, making
false statements. or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly
charged by a govemmental entity (Federal. State, or local) with
commission of any of the offenses enumerated in paragraph (1) (b) of
this certification; and
(d) Have not within a three-year period preceding this application
had one or more public transactions (Federal, State. or local)
terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in
this certification, he or she shall attach an explanation to this
application.
3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug-Free Workplace Act of 1988, and
implemented at 28 CFR Part 67. Subpart F, for grantees, as defined
at 28 CFR Part 67 Sections 67.615 and 67.620-
A. The applicant certifies that it will or will continue to provide a drug-
free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture. distribution, dispensing. possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on-going drug-free awareness program to inform
employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling. rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
Lobbying, Debannent, Suspension, and Drug-Free Workplace Certification
Page 1
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Bvrne Memorial Justice Assistance Grant Proaram
(e) Making it a requirement that each employee to be engaged in the performance
of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that. as a
condition of employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after the conviction;
Check here _ If there are wor1<places on file that are not identified
here.
(e) Notifying the agency. in writing, within 10 calendar days after receiving notice
under subparagraph (d) (2) from an employee or otherwise receiving actual notice
of such conviction. Employers of convicted employees must provide notice
including position title. to: Department of Justice, Office of Justice Programs.
ATTN: Control Desk. 633 Indiana Avenue, N.W.. Washington, D.C. 20531. Notice
shall include the identification number(s) of each affected grant;
Section 67.630 of the regulations provides that a grantee that is a
State may elect to make one certification in each Federal fiscal year.
A copy of which should be included with each application for
Department of Justice funding. States and State agencies may elect
to use OJP Form 406117.
Check here _ If the State has elected to complete OJP Form
4061/7
(f) Taking one of the following actions. within 30 calendar days of receiving notice
under subparagraph (d) (2). with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee. up to and
including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or
DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal.
State, or local health, law enforcement. or other appropriate agency;
(9) Making a good faith effort to continue to maintain a drug-free wor1<place
through implementation of paragraphs (a), (b). (c). (d). (e), and (t).
As required by the Drug-Free Wor1<place Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
at 28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant, I certify that I will not engage in the
unlawful manufacture, distribution, dispensing, possession, or use of
a controlled substance in conducting any activity with the grant; and
B. The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant:
B. If convicted of a criminal drug offense resulting from a violation
occurring during the conduct of any grant activity, I will report the
conviction. in writing. within 10 calendar days of the conviction, to:
Department of Justice. Office of Justice Programs. ATTN: Control
Desk. 633 Indiana Avenue. N.W.. Washington, D.C. 20531.
Place of Performance (Street address. city, county. state, zip code)
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
1. Grantee Name and Address: Monroe County
2. Project Name: Women in Transition Recidivism Prevention
3. Typed Name and Title of Authorized Representative: Roman Gastesi. County Administrator
4. Signature:
5. Date:
FDLE JAG Grant Application Package
Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification
Page 2