FY2007 10/18/2006
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
October 26, 2006
TO:
Salvatore Zappulla, Director
Office of Management & Budget
FROM:
Dave Owens
Grants Management
Pamela G. Hanc~
Deputy Clerk r::y
ATTN:
At the October 18, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Certificates of Acceptance of Subgrant Awards between Monroe County and the Florida
Department of Law Enforcement for programs funded by the Edward Byrne Justice Assistance
Grant Program, as follows: Monroe Youth Challenge Middle School Program II,
2007-JAGC-MONR-I-P3-069, in the amount of $30,000.00; Family Treatment Drug Court III,
2007-JAGC-MONR-2-P3-068, in the amount of $37,301.00; and Boys and Girls SMART -
Marathon Area III, 2007-JAGC-MONR-3-P3-061, in the amount of $22,500.00. Enclosed is a
duplicate original of each.
Contracts with providers of programs funded by the Edward Byrne Memorial Justice
Assistance Grant Program, as follows: Boys an~ Girls Club, that provides S.M.A.R.T. Gang
Prevention, in the amount of $30,000.00; and..care Center for Mental Health, that provides
Family Treatment Drug Court, in the amount of $49,735.00. Enclosed is a duplicate original of
each.
Contracts with human service organizations funded by the County for Fiscal Year 2007,
for which funding recommendations are made by the Human Services Advisory Board, as follows:
AIDS Help, Inc., that provides facilities and services for supportive services to mv -infected
residents, in the amount of$36,000.00; The Care Center for Mental Health, that provides facilities
and services for mental health, in the amount of$345,000.00; The Florida Keys Children's Shelter,
Inc., that provides facilities and services for shelter and counseling to youth and families, in the
amount of $200,000.00; Florida Keys Outreach Coalition, Inc., that provides facilities and
services to provide shelter to homeless individuals and families, in the amount of $60,000.00;
Fountains of Living, Inc., that provides facilities and services for an assisted living facility for
senior citizens, in the amount of $5,000.00; United States Fellowship of Florida, Inc., that
provides facilities and services for assisted living facilities with limited mental health support in
Monroe County, in the amount of $65,000.00; Higher Love Mission Outreach, that provides
facilities and services for assistive services for disadvantaged residents, in the amount of
$5,000.00; The Monroe Association for Retarded Citizens (MARC), Inc., that provides services
for mentally retarded citizens, in the amount of $205,000.00; PACE Center for Girls, Inc., that
provides facilities and services for education, counseling, training, and advocacy for at-risk young
women, in the amount of $75,000.00; Rural Health Network of Monroe County, Florida, Inc.,
that provides facilities and services related to outreach and enrollment activites for the Florida Kid
Care Program and medical and dental services to the disadvantaged citizens of Monroe County, in
the amount of $80,000.00; Samuel's House, Inc., that provides facilities and services for women
and children's housing and support, in the amount of $110,000.00; and Womankind, Inc., that
provides facilities and services related to women's health care, in the amount of $100,000.00.
Enclosed is a duplicate original of each.
Contracts with non-profit service organizations funded by the County for Fiscal Year
2007, these organizations do not apply to the Human Services Advisory Board, they are funded
directly by the Board of County Commissioners as line items in the budget, as follows: The
Exotic and Wild Bird Rescue of Florida Keys, Inc., that provides facilities and services for wild
and exotic bird rescue programs, in the amount of $12,000.00; The Florida Keys Wild Bird
Rehabilitation Center, Inc., that provides facilities and services for wild bird rescue programs, in
the amount of $12,000.00; The Historic Florida Keys Foundation, that provides facilities and
sservices for the development, coordination, and promotion of historic preservation, in the
amount of $30,000.00; The Marathon Wild Bird Rescue, Inc., that provides facilities and services
for wild bird rescue programs, in the amount of $12,000.00; Monroe Council of the Arts
Corporation, d/b/a Florida Keys Council of the Arts, that provides facilities and services for the
development, coordination, and promotion of the arts, in the amount of $75,000.00; Rural Health
Network of Monroe County, Florida, Inc., that provides facilities and services related to primary
care medical services to the disadvantaged citizens of Monroe County, in the amount of
$360,000.00; and Upper Keys Community Pool, Inc., d/b/a Jacobs Aquatic Center of Key Largo,
that provides a swimming pool and related facilities, in the amount of $225,000.00. Enclosed is a
duplicate original of each.
Program Generated Income Agreement, Subgrant Project No. 2003-CJ-5A-22-54-01-111
between Monroe County of the Florida Department of Law Enforcement for the FY 2003 Sunrise
House Transitional Housing for Recovering Homeless Men III Program, provided by Florida
Keys Outreach Coalition. Enclosed are three duplicate originals, executed on behalf of Monroe
County, for your handling. Please be sure to return the fUlly executed "Monroe County Clerk's Office
Original" and the "Monroe County Finance Department's Original" as soon as possible.
Program Generated Income Agreement, Subgrant Project No. 2004-CJ-B-1l-54-01-017
between Monroe County of the Florida Department of Law Enforcement for the FY 2004 Sunrise
House Transitional Housing for Recovering Homeless Men IV Program, provided by Florida
Keys Outreach Coalition. Enclosed are three duplicate originals, executed on behalf of Monroe
County, for your handling. Please be sure to return the fUlly executed "Monroe County Clerk's Office
Original" and the "Monroe County Finance Department's Original" as soon as possible.
Should you have any questions please feel free to contact our office.
cc: County Attorney
Finance
File
,
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS AGREEMENT
THIS AGREEMENT is made and entered into this Ii ri:!.- day of Oc/tJ~
2006, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Fl 33040, hereinafter referred to as "COUNTY,"
and Care Center for Mental Health whose address is 1205 Fourth Street, Key West, Florida,
hereinafter referred to as "PROVIDER."
WITNESSETH
WHEREAS, the Florida Department of law Enforcement has awarded a sub-grant of
Edward Byrne Memorial Justice Assistance Grant Funds to the COUNTY to implement a
program that provides Family Treatment Drug Court; and
WHEREAS, the County is in need of an implementing agency to provide said services
under this Program; and
WHEREAS, the PROVIDER is the sole provider of this program; and
WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial Justice
Assistance Grant Funds to the PROVIDER in accordance with the COUNTY'S application for
the Edward Byrne Memorial Justice Assistance Grant Funds.
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and the PROVIDER agree as follows:
1. TERM - The term of this Agreement is from October 1, 2006, through September 30,
2007, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein.
2. SERVICES - The PROVIDER will provide services as outlined in the COUNTY'S
Edward Byrne Memorial Justice Assistance Grant Award, attached and made a part hereof.
3. FUNDS - The total project budget to be expended by the PROVIDER in performance
of the services set forth in Section 2 of this agreement shall be the total sum of $49,735.00.
The total sum represents federal grant/state sub-grant support in the amount of $37,301.00 and
local matching funds in the amount of $12,434.00, which amount shall be provided by the
county through the grant matching funds account. All funds shall be distributed and expended
in accordance with the Project Budget Narrative submitted as outlined in the grant agreement.
4. INCORPORATION BY REFERENCE - The provisions of those certain documents
entitled "State of Florida Office of Criminal Justice Grants Florida Department of law
Enforcement Subgrant Award Certificate and Application" therefor and all laws, rules and
regulations relating thereto are incorporated by reference, (Attachment C).
5. IMPLEMENTING AGENCY BOND - The PROVIDER is an implementing agency
under the COUNTY'S Edward Byrne Memorial Justice Assistance Grant Program, and shall be
bound by all the provisions of the documents incorporated by reference in Section 4 of this
Agreement. Additionally, the PROVIDER shall be bound by all laws, rules, and regulations
relating to the COUNTY'S performance under the Edward Byrne Memorial Justice Assistance
Grant Program.
6. BilLING AND PAYMENT
(a) The PROVIDER shall render to the COUNTY, at the close of each calendar month,
an itemized invoice properly dated, describing the services rendered, the cost of the services,
and all other information required by the Program Director. The original invoice shall be sent to:
Monroe County Grants Administrator
1100 Simonton Street
Key West, Fl 33040
(b) Payment shall be made after review and approval by the COUNTY within thirty (30)
days of receipt of the correct and proper invoice submitted by the PROVIDER.
7. TERMINATION - This Agreement may be terminated by either party at any time, with
or without cause, upon not less than thirty (30) days written notice delivered to the other party.
The COUNTY shall not be obligated to pay for any services provided by the PROVIDER after
the PROVIDER has received notice of termination. In the event there are any unused Edward
Byrne Memorial Justice Assistance Grant Funds, the PROVIDER shall promptly refund those
funds to the COUNTY or otherwise use such funds as the COUNTY directs.
8. ACCESS TO FINANCIAL RECORDS - The PROVIDER shall maintain appropriate
financial records which shall be open to the public at reasonable times and under reasonable
conditions for inspection and examination and which comply with the Agreement incorporated in
Section 4 of this Agreement.
9. AUDIT - The PROVIDER shall submit to the COUNTY an audit report covering the
term of this Agreement, within one-hundred twenty (120) days following the Agreement's lapse
or early termination and shall also comply with all provisions of the Agreement incorporated in
Section 4 of this Agreement.
10. NOTICES - Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered United States mail, with return receipt requested, and
sent to:
FOR COUNTY:
David P. Owens
Monroe County Grants Administrator
1100 Simonton Street
Key West, Fl 33040
FOR PROVIDER:
Executive Director
Care Center for Mental Health
1205 Fourth Street
Key West, Fl 33040
Either of the parties may change, by written notice as provided above, the addresses or
persons for receipt of notices.
11. UNAVAilABILITY OF FUNDS - If the COUNTY shall learn that funding from the
Florida Department of law Enforcement cannot be obtained or cannot be continued at a level
sufficient to allow for the services specified herein, this Agreement may then be terminated
immediately, at the option of the COUNTY, by written notice of termination delivered in person
or by mail to the PROVIDER at its address specified above. The COUNTY shall not be
obligated to pay for any services provided by the PROVIDER after the PROVIDER has received
notice of termination.
12. COMPLIANCE WITH lAWS AND REGULATIONS -In providing all services
pursuant to this Agreement, the PROVIDER shall abide by all statutes, ordinances, rules, and
regulations pertaining to, or regulating the provision of, such services, including those now in
effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State
of Florida and Article 1 of the United States Constitution, which provide that no revenue of the
state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect
or religious denomination or in aid of any sectarian institution. Any violation of said statutes,
ordinances, rules, or regulations shall constitute a material breach of this Agreement
immediately upon delivery of written notice of termination to the PROVIDER. If the PROVIDER
receives notice of material breach, it will have thirty days in order to cure the material breach of
the contract. If, after thirty (30) days, the breach has not been cured, the contract will
automatically be terminated.
13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall
assign this Agreement or any interest under this Agreement, or subcontract any of its
obligations under this Agreement, without the written consent of the other.
14. INDEPENDENT CONTRACTOR/EMPLOYEE STATUS - The PROVIDER is an
independent contractor. No statement in this agreement shall be construed so as to find the
PROVIDER, its employees, contractors, servants, volunteers, or agents to be employees of the
COUNTY. Persons employed by the PROVIDER in the performance of services and functions
pursuant to this Agreement shall have no claim to pension, worker's compensation,
unemployment compensation, civil service or other employee rights or privileges granted to the
COUNTY'S officers and employees either by operation of law or by the COUNTY.
15. INDEMNIFICATION - The PROVIDER agrees to hold harmless, indemnify, and
defend the COUNTY, its commissioners, officers, employees, and agents against any and all
claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or
related to the provision of services hereunder by the PROVIDER.
16. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
:t. ~ "'j1
IN WITNESS WHEREOF, the parties to this Agreement have caused theliEna~s ~e ,-
affixed hereto by the proper officers thereof for the purposes herein expressed a~5foe ("") 8
County, Florida, on the day and year first written above. ~~;:<: ~ "'1
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BOARD OF COUNTY COM~\ONE1!S
OF MONROE COU y, FLqR'l~ c;>
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By:
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By:
Witness
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MONROE COUNTY ATTORNEY
PR VED AS TO FO :
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ATILEENE W. CASSEL
ASSISTANT COUNTY ATTORNEY
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ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service Organizations,
county travelers, and contractual parties who have reimbursable expenses associated with
Monroe County business. These guidelines, as they relate to travel, are from Florida Statute
112.061.
A cover letter summarizing the major line items on the reimbursable expense request needs
to also contain a notarized certified statement such as:
"I certify that the attached expenses are accurate and in agreement with the records
of this organization. Furthermore, these expenses are in compliance with this organization's
contract with the Monroe County Board of County Commissioners."
Invoices should be billed to the contracting agency. Third party payments will not be
considered for reimbursement. Remember, the expense should be paid prior to requesting a
reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the
contract. This document should not be considered all-inclusive. The Clerk's Finance
Department reserves the right to review reimbursement requests on an individual basis.
Any questions regarding these guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter-company allocations are not
considered reimbursable expenditures unless appropriate payroll journals for the charging
department are attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is
needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or
hourly rate, total hours worked, withholding information and payroll taxes, check number
and check amount. If a Payroll Journal is not provided, the following information must be
provided: check amount, check number, date, payee, support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for
reimbursement. For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are
not allowable expenses.
ReprOductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement.
The log must define the date, number of copies made, source document, purpose, and
recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the
vendor invoice and a sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller,
the telephone number, the date, and the purpose of the call.
Travel Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of
Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061.
Credit card statements are not acceptable documentation for reimbursement. If attending a
conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the
original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to
facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel
purchases should be documented with paid receipts. Taxis are not reimbursed if taken to
arrive at a departure point: for example, taking a taxi from one's residence to the airport for
a business trip is not reimbursable. Parking is considered a reimbursable travel expense at
the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero.
Room must be registered and paid for by traveler. The County will only reimburse the
actual room and related bed tax. Room service, movies, and personal telephone calls are
not allowable expenses.
Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal
guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before
noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m.
for dinner reimbursement.
Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while
on County business. An odometer reading must be included on the state travel voucher for
vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For
example, driving form one's home to the airport for a business trip is not a reimbursable
expense.
Non-allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures
(unless speCifically included in the contract), contributions, depreciation expenses (unless
speCifically included in the contract), entertainment expenses, fundraising, non-sufficient
check charges, penalties and fines.
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for ( Orqanization name) for the time
period of to
Check # Payee Reason Amount
101 Company A Rent $ X,XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending OS/28/01 XXX. XX
(A) Total $ X.XXX.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) $ X.XXX.XX
I certify that the above checks have been submitted to the vendors as noted and
that the expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in compliance with this
organization's contract with the Monroe County Board of County Commissioners and
will not be submitted for reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this _ day of 2001
by who is personally known to me.
Notary Public
Notary Stamp
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
M\ri~o~~ J ~(AY,J)
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance NO.1 0-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
Date:
re)
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COUNTY OF
Hondo
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STATE OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
H I c..b.Ll ~l ~ hi (\ k who, after first being sworn by me, affixed his/her
re (name of individual signing) in the space provided above on this J 8Th day of
,
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-qruM'11/ ,hw-
NOTARY PUBLIC
My commission expires:
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"atar, Public State of Florida
Joanne M :=icutt
My CommISSion 00565657
Exoi... 06/1912010
OMB - MCP FORM #4
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list."
..
4++ach m~~t c_
State of Florida
Office of Criminal Justice Grants
. Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative, acknowledges receipt and
acceptance of subgrant award number 2007-JAGC-MONR-2-P3-068, in the amount
of $ 37,301.00, for a project entitled, FAMILY TREATMENT DRUG COURT III, for
the period of 10/01/2006 through 09/30/2007, to be implemented in accordance with
the approved subgrant application, and subject to the Florida Department of Law
Enforcement's Standard Conditions and any special conditions governing this
subgrant.
(Signature of Subgrantee's Authorized Official)
(Typed Name and Title of Official)
(Name of Subgrantee)
(Date of Acceptance)
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
SUBGRANT AWARD CERTIFICATE
Subgrantee: Monroe County Board of Commissioners
Date of Award: SEP - 1 2006
Grant Period: From: 10/01/2006 TO: 09/30/2007
Project Title: FAMILY TREATMENT DRUG COURT III
Grant Number: 2007-JAGC-MONR-2-P3-068
Federal Funds: $ 37,301.00
State Agency Match:
Local Agency Match: $ 0.00
Total Project Cost: $ 37,301.00
State Purpose Area: 013: Offender Community Treatment
(13A-State; 13B-Local, 13C-Juvenile Assessment Center; 13D-Drug Court)
Objectives and Questions are the same for each of the above, sub-areas specify
where services are provided.
CFDA Number: 16.738
Award is hereby made in the amount and for the period shown above of a subgrant
under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-
351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above
mentioned subgrantee and subject to any attached or special conditions.
This award is subject to all applicable rules, regulations, and conditions as contained
in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D,
Office of Justice Programs, Common Rule for State and Local Governments and A-
87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It is
also subject to such further rules, regulations and pOlicies as may be reasonably
prescribed by the State or Federal Government consistent with the purposes and
authorization of P.L. 90-351, as amended, and P.L. 100-690.
SUBGRANT AWARD CERTIFICATE (CONTINUED)
This grant shall become effective on the begin ning date of the grant period provided
that within 30 days from the date of award, a properly executed Certificate of
Acceptance of Subgrant Award is returned to the Department.
Q.Q ~-bJ.t .
Authorized fficlal
Clayton H. Wilder
Adm inistrator
,
LA J.1 Of)~,.)
9 -/-0 ~
Date
( ) This award is subject to special conditions (attached).
A ,lication for Funding Assi~ ...;e
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Subgrant Recipient
Organization Name: Monroe County Board of Commissioners
County: Monroe
FEID OR SAMAS: 59-6000749
Chief Official
Name: Charles McCoy
Title: Mayor
Address: 530 Whitehead Street
City: Key West
State: FL Zip: 33040
Phone: 305-292-3430 Ext:
Fax: 305-292-3577
Suncom:
Email: boccdis3@monroecounty-f1.gov
Chief Financial Officer
Name: Danny Kolhage
Title: Clerk
Address: 500 Whitehead Street
City: Key West
State: FL Zip: 33040
Phone: 305-292-3550 Ext:
Fax: 305-295-3663
Suncom:
Email: dkolhage@monroe-clerk.com
Application Ref #
Contract
2007 -JAGC-495
2007-JAGC-MONR-2-P3-068
Section #1 Page 1 of 2
A. lication for Funding Assis .;e
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
~.'.~;'i~"'~ .
. -.. <. . .... ,. < . ,.. '. '. ..d. .. '.. "
Implementing Agency
Organization Name: Monroe County Board of Commissioners
County: Monroe
FEID OR SAMAS:
59-6000749
Chief Official
Name: Charles McCoy
Title: Mayor
Address: 530 Whitehead Street
City: Key West
State: FL Zip: 33040
Phone: 305-292-3430 Ext:
Fax: 305-292-3577
Suncom:
Email: boccdis3@monroecounty-fl.gov
Project Director
Name: David Owens
Title: Grants Administrator
Address: 1100 Simonton Street
City: Key West
State: FL Zip: 33040
Phone: 305-292-4482 Ext:
Fax: 305-292-4515
Suncom:
Email: owens-david@monroecounty-fl.gov
Application Ref #
Contract
2007-JAGC-495
2007 -JAGC-MONR-2-P3-068
Section #1 Page 2 of 2
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Project Information
Project Title: FAMILY TREATMENT DRUG COURT III
Project Sequence No: 1
Subgrant Recipient: Monroe County Board of Commissioners
Implementing Agency: Monroe County Board of Commissioners
Project Start Date: 10/1/2006 End Date: 9/3012007
Problem Identification
This program addresses the outpatient substance abuse treatment needs of domestic abuse
offenders.
Either substance abuse or child abuse/neglect has a devastating effect on families and the
combination of the two can be overwhelming. The whole family feels the effects of the offender's
substance abuse problem, physically, mentally, and economically. Children being removed from
their home or living with that possibility is both frightening and threatening to adults and children
alike.
The demand for outpatient substance abuse treatment in Monroe County far exceeds the county's
capacity. The Florida Department of Children & Families (DCF) indicates that there are about 864
reports of abuse and neglect per year in Monroe County. DCF estimates that 75% of the reports
have substance abuse involvement. Of the number of reports made, about 143 cases are filed in
Dependency Court each year. An estimated 205 children in the state of Florida die each year as a
result of child abuse.
The intent of the Dependency Law, as outlined in Florida Statute 39.001, is to provide for the care,
safety, and protection of children in an environment that fosters healthy social, emotional,
intellectual, and physical development. Although logically, a very important component of a
healthy home environment would be non-abusing parents, there has been no program which
addresses this important issue and no identified funding sources.
Monroe County is, by definition, a small rural county with all the typical problems of small rural
counties including lack of treatment facilities and problems with transportation. It is common for
someone to be referred for services to an agency whose nearest facility is fifteen to twenty miles
from their home. It is common for many of the families involved to have no or unreliable
transportation and there is no intercity mass transit. It is common for those supporting families to
work two or three jobs to make ends meet in this, the most expensive county in the state of
Florida.
Project Summary
The Care Center for Mental Health will provide a Drug Court model of substance abuse treatment
services for identified clients of the Department of Children and Families who are involved both
with dependency cases and the drug courts in the Middle and Upper Keys. The Family Treatment
Drug Court Program will supply a qualified therapist, headquartered and supervised at the Care
Center of the Upper Keys, to provide services from Big Pine Key to Key Largo.
What makes this program work, and what makes it unique, is that some of the program
components will be provided for the participants at their home or within their own
Application Ref #
Contract
2007 -JAGC-495
-JAGC-MONR- --
Section #2 Page 1 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
community. The Family Treatment Drug Court therapist will provide comprehensive intervention
and treatment services on-site at the homes involved, at schools, at daycare centers and in any
other necessary location. Services are offered through a variety of educational outpatient
treatment modalities. All clients will continue to fulfill the requirements of any Drug Court involved
client, I.e. individual counseling, group counseling, regular urine assessments, and Twelve Step
meetings but the monitoring and accountability will be with the Family Treatment Drug Court
Counselor instead of the regular Drug Court counselor. In addition, such services as
comprehensive case management, family counseling, child counseling and vocational guidance
will be offered.
The program's goal is to provide services to an ongoing case load of 20 child abuse offenders who
also have a substance abuse problem. It is expected that 12 (60%) of the program participants will
complete the prescribed treatment regime of one year's duration.
The Family Treatment Drug Court Program supports the risk and protective theory of substance
abuse and the bio-psychosocial model of addiction. Each individual is exposed to risk and
protective factors for substance abuse within the domains of individual, family, peer, school,
community and society. Substance abuse and dependency occurs through the complex
interaction of biological (genetics, changes in brain chemistry), psychological (beliefs, values,
cognition), and sociological (drug availability, social and cultural norms) factors. The ultimate goal
of services is the prevention, reduction or elimination of the negative effects of alcohol and other
drugs and the amelioration of any associated problems.
The Family Treatment Drug Court Program supports a philosophy of research driven and evidence
-based prevention, intervention and treatment protocols. Prevention services strive to decrease
risk and strengthen protective factors. Treatment services focus upon client strengths and the
appropriate use of clinical techniques to move clients through the treatment process in a
supportive, motivational, and progressive manner towards positive outcomes. Services are
organized consistent with a stage-based model of prevention, outreach and referral, clinical
evaluation, treatment delivery and transitional care.
Clients are treated in the least restrictive environment. Treatment planning is based on the
outcome of the evaluation, builds upon client strengths and addresses engagement, early recovery
and continuing care issues. Treatment services utilize evidence-based practices that address
substance abuse, mental health and related issues in an integrated manner. Services are
designed to be culturally appropriate. Continuing care integrates relapse prevention, individual
counseling as needed, support groups, employment/education guidance and strengthening of
relationships with family and friends.
All clinical services are provided with the intent of engaging clients early. Client and counselor
attributes, skills, and program characteristics are assessed on an on-going basis.
Admission to treatment is based on urinalysis results and a psychosocial assessment, which
addresses the drug and alcohol patterns, family, medical, educational, vocational, legal,
environmental and mental status of the client. Information from other sources (I.e., family, other
treatment centers, probation officers, etc.), is obtained when appropriate. Clients will be treated in
the most appropriate, least restrictive setting. We consider the severity of abuse and dependence,
medical needs, prior treatment and outcomes, life
Application Ref #
Contract
2007-JAGC-495
-JAGC-MONR- - -
Section #2 Page 2 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
skills (education, vocational, etc.) and external support systems.
Clients in need of immediate medical treatment for dependence will be referred to an appropriate
medical provider. Medical histories will be completed on all clients, and they will be referred for
medical follow-up when appropriate. Clients at immediate risk of suicide or homicide or needing
psychiatric care will be referred to the area Crisis Stabilization Unit.
Clients in need of other services beyond the scope of the program will be referred appropriately. A
variety of community resources exists, and referral handbooks are available to our clients.
Referrals will be documented in the clinical record and follow-up information obtained.
Treatment plans will be individualized and developed with the client. The plan will be updated at
least monthly. Intervention strategies will include individual, group, and family therapy in addition
to on going urinalysis and monthly Drug Court Status Hearing attendance. The program is
designed to last about 12 months.
All clinical services are conducted under the supervision of a qualified supervisor. Supervisors will
provide consultation, clinical supervision, and review of work performance and record reviews. In
addition, all psychosocial assessments and treatment plans are reviewed and co-signed by a
credentialed addiction professional. The program conducts quality improvement reviews of care
quarterly.
Step by step process of the drug court.
(1)-Case identified by Department of Children and Families, referral made for Drug Court
assessment by DC&F or Judge. (2)-Assessment conducted by Drug Court by qualified
professional (3)-lf client meets treatment eligibility criteria per SASSI, DSM IV, urinalysis results, a
recommendation for placement is made and Judge places the client in the program.
Clients in the program have been charged with child neglect or other charges in which substance
abuse has been identified by DC&F counselors as an issue, as well as possession of controlled
substances. Clients appear before the judge monthly, attend group therapy weekly and individual
therapy as designated by phase of treatment the client is in. Frequency of family sessions is
determined in the case plan.
Application Ref #
Contract
2007 -JAGC-495
-JAGC-MONR- --
Section #2 Page 3 of 3
At-. .Iication for_Funding Assis...nce
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Performance Info:
Performance Reporting Frequency:
Quarterly
Federal Purpose Area: 005 - Drug Treatment Programs
State Purpose Area: 013 - Offender Community Treatment
(13A-State; 13B-Local, 13C-Juvenile Assessment Center; 13D-Drug
Court)
Objectives and Questions are the same for each of the above, sub-
areas specify where services are provided.
Activity Description
Activity:
Target Group:
Geographic
Location Type:
Address(es) :
Assessment
Drug Offenders
County-Wide
Other
Care Center for Mental Health
92140 Overseas Highway
Tavernier, FL 33070
Activity Description
Activity:
Target Group:
Geographic
Location Type:
Address(es) :
Drug Court
Drug Offenders
County-Wide
Other
Care Center for Mental Health
92140 Overseas Highway
Tavernier, FL 33070
Activity Description
Outpatient Drug Treatment
Drug Offenders
County-Wide
Other
Activity:
Target Group:
Geographic
Location Type:
Application Ref #
Contract
Section #3 Page 1 of 7
2007 -JAGC-495
2007-JAGC-MONR-2-P3-
Address(es) :
AI lication for Funding Assis .1Ce
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Care Center for Mental Health
92140 Overseas Highway
Tavernier. FL 33070
Activity Description
Activity:
Target Group:
Geographic
Location Type:
Address(es) :
Drug Testing
Drug Offenders
County-Wide
Other
Care Center for Mental Health
92140 Overseas Highway
Tavernier. FL 33070
Activity Description
Activity:
Target Group:
Geographic
Location Type:
Address(es) :
Referrals
Drug Offenders
County-Wide
Other
Care Center for Mental Health
92140 Overseas Highway
Tavernier. FL 33070
Activity Description
Alcohol Testing
Drug Offenders
County-Wide
Other
Activity:
Target Group:
Geographic
Location Type:
Address(es) :
Application Ref # 2007 -JAGC-495
Contract 2007 -JAGC-MONR-2-P3-
Section #3 Page 2 of 7
At:>. .ication for Funding AssisL.lce
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Care Center for Mental Health
92140 Overseas Highway
Tavernier, FL 33070
Activity Description
Domestic Violence Training
Drug Offenders
County-Wide
Other
Activity:
Target Group:
Geographic
Location Type:
Address(es) :
Care Center for Mental Health
92140 Overseas Highway
Tavernier, FL 33070
Activity Description
Family Therapy
Drug Offenders
County-Wide
Other
Activity:
Target Group:
Geographic
Location Type:
Address(es) :
Care Center for Mental Health
92140 Overseas Highway
Tavernier, FL 33070
Activity Description
Substance Abuse Treatment
Drug Offenders
County-Wide
Other
Activity:
Target Group:
Geographic
Location Type:
Address(es) :
Care Center for Mental Health
92140 Overseas Highway
Tavernier, FL 33070
Application Ref #
Contract
Section #3 Page 3 of 7
2007 -JAGC-495
2007 -JAGC-MONR-2-P3-
AI-. lication for Funding Assis..lce
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Objectives and Measures
Objective 013.01 - Provide treatment services through various treatment modalities to a
specified number of individuals.
Measure: Part 2
How many clients will be provided INTERVENTION services?
Goal: 17
Measure: Part 3
How many clients will be provided OUTPATIENT services?
Goal: 17
Objective 013.02 - Provide an array of treatment services.
Measure: Part 1
Will most clients be provided psychosocial assessments?
Goal: Yes
Measure: Part 3
Will most clients be provided urinalysis?
Goal: Yes
Measure: Part 4
Will most clients be provided case management services?
Goal: Yes
Measure: Part 5
Will most clients be provided counseling services?
Goal: Yes
Objective 013.03 - Assist a specified number of clients to successfully complete their treatment
plan.
Measure: Part 2
How many INTERVENTION clients will successfully COMPLETE their treatment?
Goal: 17
Measure: Part 3
Application Ref #
Contract
2007 -JAGC-495
2007 -JAGC-MONR-2-P3-
Section #3 Page 4 of 7
Al-r..Jication for Funding Assis.~nce
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
How many OUTPATIENT clients will successfully COMPLETE their treatment?
Goal: 17
Objective 013.04 - Establish or support a drug court program.
Measure: Part 1
Will there be continued judicial supervision over offenders with substance abuse
problems who are not violent offenders?
Goal: Yes
Measure: Part 2
Will there be mandatory periodic testing of each offender for the use of controlled
substances or other addictive substances during any period of supervised release or
probation?
Goal: Yes
Measure: Part 3
Will there be substance abuse treatment for each participant; probation or other
supervised release involving the prosecution?
Goal: Yes
Measure: Part 4
Will there be confinement, or incarceration because of noncompliance with program
requirements or failure to show satisfactory progress?
Goal: Yes
Objective 013.05 - Serve a specified number of participants in a drug court program.
Measure: Part 1
How many participants will there be in a drug court program?
Goal: 17
Objective 013.06 - Determine a specified number of participants who will successfully graduate
from participation in a drug court program.
Measure: Part 1
How many drug court participants will successfully graduate from the program?
Goal: 10
Application Ref #
Contract
2007 -JAGC-495
2007-JAGC-MONR-2-P3-
Section #3 Page 5 of 7
AI-. .ication for Funding Assis._.lce
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Application Ref #
Contract
Section #3 Page 6 of 7
2007 -JAGC-495
2007 -JAGC-MONR-2-P3-
Al .Jication for Funding Assis.__nce
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section Questions:
Question: If "other" was selected for the geographic area, please describe.
Answer:
Question: If "other" was selected for location type, please describe.
Answer: The location is a mental health care center located in Tavernier, Florida.
Application Ref #
Contract
2007 -JAGC-495
2007 -JAGC-MONR-2-P3-
Section #3 Page 7 of 7
ApfJlication 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
SAMAS I Vendor Number: 59-6000749
Budget:
Budget Category Federal Match Total
Salaries and Benefits $0.00 $0.00 $0.00
Contractual Services $37,301.00 $0.00 $37,301.00
Expenses $0.00 $0.00 $0.00
Operating Capital $0.00 $0.00 $0.00
Outlay
Indirect Costs $0.00 $0.00 $0.00
- Totals -- $37,301.00 $0.00 $37,301.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI) No
Application Ref#
Contract
2007..JAGC-495
-JAGC-MONR- - -
Section #4 Page 1 of 3
Ap'cation for Funding Assist lce
Florida Department of Law Enforcement
Justice Assistance Grant. County-wide
Budget Narrative:
Contractual Services:
37,301.00
Salaries and Benefits:
Substance Abuse Counselor 18,000
FICA 1,377
Health Insurance 2,652
Subtotal Counselor 22,029
Clinical Director 10,000
FICA 765
Health Insurance 663
Subtotal Clinical Director 11,428
Total Salaries and Benefits 33,457
Expenses:
Travel between base in
Marathon, office in Tavernier,
and main office in Key West
paid in accordance with Fla.
Statute 112.061 1,300
Operating supplies, such as
workbooks and videos 2,200
Office supplies 344
Total Expenses 3,844
Total budget: $37,301
Purchasing methods to be used will conform to existing Federal, State, and Local laws and
regulations. Monroe County will contract with the Care Center for Mental Health for this project.
Application Ref #
Contract
2007-JAGC-495
2007-JAGC-MONR-2-P3-
Section #4 Page 2 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section Questions:
Question: Indicate the Operating Capital Outlay threshold established by the subgrantee.
Answer: 750
Question: If salanes and benefits are included in the budget as actual costs for staff in the
implementing agency, is there a net personnel increase, or a continued net personnel
increase from the previous Byrne program?
Answer: Yes
Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of
salaries and benefits), and provide documentation of the appropriate approval of this
plan.
Answer: not applicable
Question: If the budget includes services based on unit costs, provide a definition and cost for
each service as part of the budget narrative for contractual services. Include the
basis for the unit costs and how recently the basis was established or updated.
Answer: not applicable
Application Ref #
Contract
2007 -JAGC-49S
-JAGC-MONR- --
Section #4 Page 3 of 3
Edward by, ne Memorial Justice Assistance Grant (JA",) Program
Florida Department of Law Enforcement
Standard Conditions
Conditions of agreement reqUiring compliance by units of local government (subgrant recipients),
implementing agencies and state agencies upon signed acceptance of the subgrant award appear in
this section. Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding. Failure to comply with provisions of this agreement will result in
required corrective action up to and including project costs being disallowed and termination of the
project, as specified in item 17 of this section.
1. All Subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide and Edward Byrne Memorial Justice Assistance Grant (JAG)
Program Guidance as well as Florida laws and regulations including the Florida
Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees
to comply with all Federal statutes, regulations, policies, guidelines and requirements,
including OMB Circulars A-21, A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372
and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR,
Part 66, Common Rule and Part 67, Drug-free Workplace.
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles of allowability and standards for selected cost items set forth in the OJP Financial
Guide, U.S. Department of Justice Common Rule for State And Local Governments and
federal OMB Circular A-87, "Cost Principles for State. Local and Indian Tribal Governments",
or OMS Circular A-21 , "Cost Principles for Educationai 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-110, or OMS Circular A-102, and Florida law to be eligible for reimbursement.
3. Reports
a. Project Performance Reports - JAG Countywide Only
(1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, by February 1, May 1, August 1, and within forty-five (45) days after the
subgrant termination date. In addition, if the subgrant award period is extended beyond
the "original" project period, additional Quarterly Project Performance Reports shall be
submitted.
Failure to submit Quarterly Performance Reports that are compiete, accurate and timely
may result In sanctions, as specified in item 17, Performance of Agreement Provisions.
(2) Report Contents: Performance reports must include both required sections, the
quantitative response (in response to specific objectives and measures) and the
qualitative narrative. The narrative must reflect on accomplishments for the quarter,
incorporate specific items specified for inclusion in performance measures, and also
identify problems with project implementation and address actions being taken to resolve
the problems.
SFY 2007
Page 1
Edward By., Ie Memorial Justice Assistance Grant (JAvJ Program
Florida Department of Law Enforcement
b. Financial Reports
(1) Project Expenditure Reports
(a) The JAG Countywide subgrant recipient shall have a choice of submitting either a
Monthly or a Quarterly Project Expenditure Report to the Department. Monthly
Project Expenditure Reports (1-11) are due thirty-one (31) days after the end of the
reporting period. Quarterly Project Expenditure Reports (1-3) are due thirty-one (31)
days after the end of the reporting period. In addition, if the subgrant award period is
extended, additional Project Expenditure Reports shall be submitted.
(b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for
the entire subgrant period.
(c) All project expenditures for reimbursement of subgrant recipient costs shall be
submitted on the Project Expenditure Report Forms prescribed and provided by the
Office of Criminal Justice Grants (OCGJ).
(d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-
audit and post-audit.
(e) Before the "final" Project Expenditure Report will be processed, the subgrant
recipient must submit to the Department all outstanding project reports and must
have satisfied all special conditions. Failure to comply with the above provisions
shall result in forfeiture of reimbursement.
(f) Reports are to be submitted even when no reimbursement is being requested.
(2) The Closeout Documentation shall be submitted to the Department within forty-five (45)
days of the subgrant termination period.
(3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income
Reports to the Department by February 1, May 1, August 1, and within forty-five (45)
days after the subgrant termination date covering subgrant project generated income and
expenditures during the previous quarter. (See Item 10, Program Income.)
c. Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as
amended), U.S. Department of Justice Common Rule for State and Local Governments, and
federal Office of Management and Budget's (OMB) Circulars A-21 , A-a?, and A-110, or A-102
as applicable, in their entirety.
c. All funds not spent according to this agreement shall be subject to repayment by the subgrant
recipient.
SFY 2007
Page 2
Edward BYI ne Memorial Justice Assistance Grant (JAu) Program
Florida Department of Law Enforcement
5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
7. Advance Funding
a. JAG Countywide - Advance funding may be authorized for up to twenty-five (25) percent of
the federal award for each project according to Section 216.181(16)(b), Florida Statutes, the
OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local
Governments. Advance funding shall be provided to a subgrant recipient upon a written
request to the Department. This request, shall be either enclosed with the subgrant
application or submitted to the Department prior to the first request for reimbursement.
Justification should address a 30/60/g0-day need for cash based on the budgeted activities
for the period.
b. JAG Direct - The Department shall award program funds to the recipient in a single, lump
sum payment.
8. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds. The
trust fund mayor may not be an interest bearing account.
b. The account may earn interest, but any earned interest must be used for program purposes
and expended before the subgrant end date.
9. Travel and Training
a. All travel expenses relating to field trips with youth requires written approval of the
Department prior to commencement of actual travel.
c. The cost of all travel shall be reimbursed according to local regulations, but not in excess of
provisions in Section 112.061, Florida Statutes.
d. All bills for any travel expenses shall be submitted according to provisions in Section
112.061, Florida Statutes.
10. Program Income (also known as Project Generated Income)
Program income means the gross income earned by the subgrant recipient during the subgrant
period, as a direct result of the subgrant award. Program income shall be handled according to
the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local
Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts,
Disbursements, and Operation of The Cash Management Improvement Fund).
SFY 2007
Page 3
Edward Byrne Memorial Justice Assistance Grant (JI-h,) Program
Florida Department of Law Enforcement
11. Approval of Consultant Contracts
The Department shall review and approve In writing all consultant contracts prior to employment
of a consuitant when their rate exceeds $450 (excluding travel and subsistence costs) for an
eight-hour day. Approval shall be based upon the contract's compliance with requirements found
in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local
Governments, and in applicable state statutes. The Department's approval of the subgrant
recipient agreement does not constitute approval of consultant contracts.
12. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice
purposes during its useful life or request Department disposition.
b. The subgrant recipient shall establish and administer a system to protect, preserve, use,
maintain and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement according to federal property management standards set forth in
the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local
Governments or the federal OMB Circular A-110 or A-102, as applicable. This obligation
continues as long as the subgrant recipient retains the property, notwithstanding expiration of
this agreement.
13. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed by the terms of the OJP Financial Guide (as
amended), and the U.S. Department of Justice Common Rule for State and Local Governments,
or the federai OMB Circular A-110 or A-102, as applicable.
14. Copyright
The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit one copy of all reports and proposed publications resulting
from the agreement twenty (20) days prior to public release. Any publications (written, visual, or
sound), whether published at the recipient's or government's expense, shall contain the following
statement (NOTE: This excludes press releases, newsletters, and issue analysis.)
"This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office
of Justice Programs, U.S. Department of Justice. Points of view In this document are those of the
author and do not necessarily represent the official position or policies of the U.S. Department of
Justice."
16. Audit
a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program-specific audit conducted for that year. The audit shall be perform ed in
accordance with the federal OMB Circular A-133 and other applicable federal law. The
SFY 2007
Page 4
Edward b, .Ie Memorial Justice Assistance Grant (Jh_i Program
Florida Department of Law Enforcement
contract for this agreement shall be identified in The Schedule of Federal Financial
Assistance in the subject audit. The contract shall be identified as federal funds passed
through the Florida Department of Law Enforcement and include the contract number, CFDA
number, award amount, contract period, funds received and disbursed. When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of
Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the
Florida Auditor General.
b. A complete audit report that covers any portion of the effective dates of this agreement must
be submitted within 30 days after its completion, but no later than nine (9) months after the
audit period. In order to be complete, the submitted report shall include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department and will be returned to the subgrant recipient.
c'- The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report In instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is issued, unless extended in writing by the Department.
f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this
case, written notification, which can be in the form of the "Certification of Audit Exem ption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt. This notice shall be provided to the Department no later than
March 1 following the end of the fiscal year.
g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or notification of non-applicability should be sent to the following
address:
Fiorida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the
subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
SFY 2007
Page 5
Edward By,"e Memorial Justice Assistance Grant (JAl::>) Program
Florida Department of Law Enforcement
18. Commencement of Project
a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the
subgrant recipient shall send a letter to the Department indicating steps to initiate the project,
reason for delay and request a revised project starting date.
b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the
subgrant recipient shall send another letter to the Department, again explaining the reason
for delay and request another revised project starting date.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-
obligate subgrant funds to other Department approved projects. The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written amendment to this agreement.
19. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
reason of any failure in performance of this agreement according to its terms (including any
failure by the subgrant recipient to make progress in the execution of work hereunder which
endangers such performance) if such failure arises out of causes beyond the control and
without the fault or negligence of the subgrant recipient. Such causes include, but are not
limited to, acts of God or of the public enemy, acts of the government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly.
20. Written Approval of Changes in this Approved Agreement
Subgrant recipients shall obtain approval from the Department for major substantive changes.
These include, but are not limited to:
a. Changes in project activities, target populations, service providers, implementation
schedules, designs or research plans set forth in the approved agreement;
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Edward Byrne Memorial Justice Assistance Grant (JA",) Program
Florida Department of Law Enforcement
b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may
transfer funds between budget categories as long as the total amount of transfer does not
exceed ten (10) percent of the total approved budget and the transfer is made to an approved
budget item; or,
c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is
approved by the Department. Transfers do not allow for increasing the quantitative number
of items documented in any approved budget item, Le., increasing the quantity of equipment
items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and
Benefits category.)
d. Under no circumstances can transfers of funds increase the total budgeted award.
21. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes,
disagreements or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) caiendar days to the Department's clerk (agency clerk). The
subgrant recipient's right to appeal the Department's decision is contained in Chapter 120,
Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code.
Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter
120, Florida Statutes.
22. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time, a
representative of the Department, of the U.S. Department of Justice, or the Auditor General of the
State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work
performed under this agreement.
23. Access To Records
a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S.
Department of Justice, the U.S. Comptroller General or any of their duly authorized
representatives, shall have access to books, documents, papers and records of the subgrant
recipient, implementing agency and contractors for the purpose of audit and examination
according to the OJP Financial Guide (as amended), and the U.S. Department of Justice
Common Rule for State and Local Governments.
b. The Department reserves the right to unilaterally terminate this agreement if the subgrant
recipient, implementing agency, or contractor refuses to allow public access to all documents,
papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and
made or received by the subgrant recipient or its contractor in conjunction with this
agreement.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
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Edward BYllle Memorial Justice Assistance Grant (JAl:>) Program
Florida Department of Law Enforcement
25. Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to the approved agreement. The prior mentioned individuals
have authority to sign or make amendments to the Sole Source, ADP Justification and the
Privacy Certification forms. The Project Director has authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief officer or elected official must submit to the
Department a letter or resolution indicating the person given signature authority. The letter
indicating delegation of signature authority must be signed by the chief officer or elected official
and the person receiving signature authority. The letter must also specify the authority being
delegated.
27. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for
the Subgrantee or Implementing Agency, Project Director, or Contact Person, the Department
must be notified in writing with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, uniess otherwise provided by law, the provisions of Chapter 435, Florida
Statutes shall apply.
a. All positions in programs providing care to children, the developmentally disabled, or
vulnerable adults for 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotline; and all persons working under contract who have
access to abuse records are deemed to be persons and positions of special trust or
responsibility and require employment screening pursuant to Chapter 435, F.S., using the
level 2 standards set forth in that chapter.
b. All employees in positions designated by law as positions of trust or responsibility shall be
required to undergo security background investigations as a condition of employment and
continued employment. For the purposes of the subsection, security background
investigations shall include, but not be limited to, employment history checks, fingerprinting
for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency. When fingerprinting is required, the fingerprints of the employee or applicant
for employment shall be taken by the employing agency or by an authorized law
enforcement officer and submitted to the Department of Law Enforcement for
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Edward Byrne Memorial Justice Assistance Grant (JAc,) Program
Florida Department of Law Enforcement
processing and forwarding, when requested by the employing agency, to the United
States Department of Justice for processing. The employing agency shall reimburse
the Department of Law Enforcement for any costs incurred by it in the processing of the
fingerprints.
29. Drug Court Projects
a. A Drug Court Project funded by the JAG Grant Program must contain the 10 key elements
outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program
Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This
document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700.
b. To ensure more effective management and evaluation of drug court programs, the subgrant
recipient agrees that drug court programs funded with this award shall collect and maintain
follow-up data on criminal recidivism and drug use relapse of program participation. The data
collected must be avaiiable to U.S. DOJ and FDLE upon request.
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence System
a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence
Systems Operating Policies is to assure that subgrant recipients of federal funds for the
principal purpose of operating a criminal intelligence system under the Omnibus Crime
Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds
in conformance with the privacy and constitutional rights of individuals.
b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to
certify that they operate a criminal intelligence system in accordance with Sections 802(a)
and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and
comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating
Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance.
Submission of this certification is a prerequisite to entering into this agreement.
c. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. If the subgrant recipient or criminal justice agency operates a
criminal intelligence system and does not meet Act and federal regulation criteria, they must
indicate when they plan to come into compliance. Federal law requires a subgrant-funded
criminal intelligence system project to be in compliance with the Act and federal regulation
prior to the award of federal funds. The subgrant recipient is responsible for the continued
adherence to the regulation governing the operation of the system or faces the loss of federal
funds. The Department's approval of the subgrant recipient agreement does not constitute
approval of the subgrant-funded development or operation of a criminal intelligence system.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of OJP's Financial Guide is required from all projects that are involved with
confidential funds from either Federal or matching funds. The signed certification must be
submitted at the time of grant application.
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Edward Byrne Memorial Justice Assistance Grant (JA<i) Program
Florida Department of Law Enforcement
33. Equal Employment Opportunity (EEO)
a. No person, on the grounds of race, creed, coior or national origin shall be excluded from
participation in, be refused benefits of, or otherwise subjected to discrimination under grants
awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation
Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age
Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28
CFR Part 42, Subparts C, D, E, F, G and H.
b. The subgrant recipient and the implementing agency agree to certify that they either do or do
not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime
Control and Safe Streets Act of 1968, as amended and that they have or have not
formulated, implemented and maintained a current EEO Program. Submission of this
certification is a prerequisite to entering into this agreement. This certification is a material
representation of fact upon which reliance was placed when this agreement was made. If the
subgrant recipient or implementing agency meet Act criteria but have not formulated,
implemented and maintained such a current written EEO Program, they have 120 days after
the date this agreement was made to comply with the Act or face loss of federal funds subject
to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C.
3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section
42.207 Compliance Information).
c. Any subgrant recipient or implementing agency receiving a singie grant award for $500,000
or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month
period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil
Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S.
DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If
the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is
not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy
of its approval letter from the OCR. However, if the EEO Plan approval is more than two
years old, an updated Plan must be submitted.
d. In the event a Federal or State court of Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
of the finding to the Office for Civil Rights, Office of Justice Programs.
34. Americans with Disabilities Act
Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA),
Public Law 101-336, which prohibits discrimination by public and private entities on the basis of
disability and requires certain accommodations be made with regard to employment (Title I), state
and local government services and transportation (Title II), public accommodations (Title III), and
telecommunications (Titie IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly em ploys
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
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Edward Byrne Memorial Justice Assistance Grant (JA'-'J Program
Florida Department of Law Enforcement
36. National Environmental Policy Act (NEPA)
a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federai
environmental impact analyses requirements in the use of subgrant funds by the subgrantee.
This applies to the following new activities whether or not they are being specifically funded
with these subgrant funds. That is, it applies as long as the activity is being conducted by the
subgrantee or any third party and the activity needs to be undertaken in order to use these
subgrant funds,
(1) New construction;
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on
the National Register of Historic Places or (b) located within a 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.
b. For any of a subgrantee's existing programs or activities that will be funded by these
subgrants, the subgrantee, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national
or program environmental assessment of that funded program or activity.
37. Non-Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibiiities). These procedures
require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction
with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from
participating in this covered transaction, unless authorized by the Department.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal
loan of $150,000 or more.
b. This certification is a materiai representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United
States Code. Any person who fails to file the required certification is subject to a civil penalty
of not less than $10,000 and not more than $100,000 for each failure to file.
c. The undersigned certifies, to the best of his or her knowledge and belief, that:
SFY 2007
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Edward Byrne Memorial Justice Assistance Grant (JAe:;) Program
Florida Department of Law Enforcement
(1) No federally appropriated funds have been paid or shall be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a
member of congress, an officer or employee of congress, or an employee of a member of
congress in connection with the awarding of any federal loan, the entering into of any
renewal, amendment, or modification of any federal contract, grant, loan or cooperative
agreement.
(2) If any non-federal funds have been paid or shall be paid to any person for influencing or
attempting to influence an officer or employee of congress, or an employee of a member
of congress in connection with this federal contract, grant loan, or cooperative
agreement, the undersigned shall complete and submit the standard form, Disclosure of
LobbvinG Activities, according to its instructions,
(3) The undersigned shall require that the language of this certification be included in award
documents for all subgrant awards at all tiers and that all subgrant recipients shall certify
and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Additional Restrictions on Lobbying
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of OJP.
41. "Pay -to-Stay"
Funds from this award may not be used to operate a "pay-to-stay" program in any local jail.
Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local
jail", as referenced in this condition, means an adult facility or detention center owned and/or
operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-
stay" programs as referenced in this condition, means a program by which extraordinary services,
amenities and/or accommodations, not otherwise available to the general inmate population, may
be provided, based upon as offender's apparent ability to pay, such that disparate conditions of
confinement are created for the same or similar offenders within a jurisdiction.
42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
If an award is made to support methamphetamine laboratory operations the subgrant recipient
must comply with this condition, which provides for individual site environmental
assessmenVimpact statements as required under the National Environmental Policy Act.
a. General Requirement: The subgrantee agrees to comply with Federal, State, and local
environmental, health and safety laws and regulations applicable to the investigation and
closure of clandestine methamphetamine laboratories and the removal and disposal of the
chemicals, equipment, and wastes used in or resulting from the operation of these
laboratories.
b. Specific Requirements: The subgrantee understands and agrees that any program or
initiative involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
SFY 2007 Page 12
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Edward By, ne Memorial Justice Assistance Grant (JA",) Program
Florida Department of Law Enforcement
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste form a seized laboratory's operations are placed or come to rest.
Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible
adverse health, safety and environmental 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 subgrantee
understands that it may implement these protective measures directly through the use of its
own resources and staff or may secure the qualified services of other agencies, contractor or
other qualified third party.
(1) Provide medical screening of personnel assigned or to be assigned by the subgrantee to
the seizure or closure if of clandestine methamphetamine laboratories;
(2) Provide Occupational Safety and Health Administration (OSHA) required initial and
refresher training for law enforcement officials and other personnel assigned by the
subgrantee to either the seizure or closure of clandestine methamphetamine
laboratories;
(3) As determined by their specific duties, equip personnel assigned to the project with
OSHA required protective wear and other required safety equipment;
(4) Assign properly trained personnel to prepare a comprehensive contamination report on
each closed laboratory;
(5) Employ qualified disposal contractors to remove all chemicals and associated
glassware, equipment, and contaminated materiais and wastes from the site(s) of each
seized clandestine laboratory;
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, properly licensed recycling facilities;
(7) Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6.
immediately above in order to ensure proper compliance;
(8) Have in place and implement an inter-agency agreement or other form of commitment
with a responsible State environmental agency that provides for that agency's (i) timely
evaluation of the environmental conditions at and around the site of a closed clandestine
laboratory and (ii) coordination with the responsible party, property owner, or others to
ensure that any residual contamination is remediated, if necessary, and in accordance
with existing State and Federal requirements; and
(9) Included among the personnel involved in seizing of clandestine methamphetamine
laboratories, or have immediate access to, qualified personnel who can respond to the
potential health needs of any offender(s)' children or other children present or living at
the seized laboratory site. Response actions should include, at a minimum and as
necessary, taking children into protective custody, immediately testing them for
methamphetamine toxicity, and arranging for any necessary follow-up medical tests,
examinations or health care.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
43. Limited English Proficiency
National origin discrimination includes discrimination on the basis of limited English proficiency
(LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to
take reasonable steps to ensure that LEP persons have meaningful access to their programs.
Meaningful access may entail providing language assistance services, including oral and written
translation when necessary. The U.S. Department of Justice has issued guidance to assist
agencies to comply with Title VI requirements. The guidance document can be accessed on the
Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by
writing to the following address:
Office for Civil Rights
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW, Eighth Floor
Washington, DC 20531
44. The Coastal Barrier Resources Act
The subgrantee will comply and assure the compliance of all contractors with the provisions of
the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.)
which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier
Resources System.
45. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a. Have an adequate process to assess the impact of any enhancement of a school security
measure that is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken.
b. Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
46. Environmental Protection Agency's (EPA) list of Violating Facilities
The subgrantee assures that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating
Facilities and that it will notify the Department of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing by the EPA.
47. Flood Disaster Protection Act
The subgrantee will comply with Section 1 02(a) of the Flood Disaster Protection Act of 1973,
Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities
where such insurance is available as a condition of the receipt of any federal financial assistance
for construction or acquisition purposes for use in any area that has been identified as an area
having special flood hazards.
48. National Historic Preservation Act
The subgrantee will assist the Department in its compliance with Section 106 of the National
Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the
Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting
SFY 2007
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Edward bJ.ne Memorial Justice Assistance Grant (Jr.,,) Program
Florida Department of Law Enforcement
with the State Historic Preservation Officer as necessary. to identify properties listed in or eligible
for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36
CFR Part 800,8) by the activity. and notifying the Department of the existence of any such
properties and by (b) complying with all requirements established by the Federai grantor agency
to avoid or mitigate adverse effects upon such properties,
49. Omnibus Crime Control and Safe Streets Act
The subgrantee will comply and assure the compliance of all contractors. with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968. as amended; the
Juvenile Justice and Delinquency Prevention Act. or the Victims of Crime Act; as appropriate; the
provisions of the current edition of the Office of Justice Program Financial and Administrative
Guide for Grants; and all other applicable State and Federal laws. orders. circulars. or
regulations,
50. Public Safety Officers' Health Benefits Provision
The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits
Provision of the Fiscal Year 2002. Departments of Commerce. Justice. and State. the Judiciary.
and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in
compliance during the life of the grant. This provision requires that the unit of local government
which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime
Control and Safe Streets Act of 1968. as amended) to afford such public safety officer who retires
or is separated from service due to injury suffered as a direct and proximate result of a personal
injury sustained in the iine of duty while respond ing to an emergency situation or hot pursuit (as
such terms are defined by State law) with the same or better level of health insurance benefits at
the time of retirement or separation as the officer received while employed by the jurisdiction. If
the recipient demonstrates noncompliance during the life of the grant. 10 percent of the award
amount must be returned to the grantor.
51. Human Research Subjects
Grantee agrees to comply with the requirements of 28 C.FR. part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects. including
obtainment of Institutional Review Board approval. if appropriate, and subject informed consent.
52. Global Justice Data Model Specifications
To support public safety and justice information sharing. OJP requires the grantee to use the
Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall
publish and make available without restriction al schemas (extensions. constraint. proxy)
generated as a result of this grant to the component registry as specified in the guidelines. This
information is available at www.it.oio.qov/qixdm.
53. Reporting, Data Collection and Evaluation
The subgrant recipient agrees to comply with all reporting. data collection and evaluation
requirements. as prescribed by the BJA in the program guidance for the Justice Assistance Grant
(JAG). Compliance with these requirements will be monitored by BJA.
54. Privacy Ceritification
The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable
to collection. use. and revelation of data or information and that are in accordance with
requirements of Confidentiality of Identifiable Research and Statistical Information (28 C.F,R. Part
22 and. in particular. section 22.23. Privacy Certification).
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
If an award is made for a project which has a research or statistical component under which
information identifiable to a private person will be collected, the subgrant recipient agrees to:
1. Project plans will be designed to preserve anonymity of private persons to whom information
relates, including, where appropriate, name-stripping, coding of data, or other similar
procedures.
2. Project findings and reports prepared for dissemination will not contain information which can
reasonably be expected to be identifiable to a private person.
3. A iog will be maintained indicating that identifiable data have been transmitted to persons other
than BJA, OJJDP, BJS, NIJ, or OJP or grantee/contractor staff or subcontractors, that such
data have been returned, or that alternative arrangements have been agreed upon for future
maintenance of such data.
4. A description of the project containing assurance by the applicant that:
(1) Data identifiable to a private person will not be used or revealed.
(2) Access to data will be Iim ited to those em ployees having a need and that such persons
shall be advised of and agree in writing to comply with these regulations.
(3) All subcontracts which require access to identifiable data will contain conditions meeting the
requirements.
5. Any private persons from whom identifiable data are collected or obtained, either orally or by
means of written questionnaire, shall be advised that the data will only be used or revealed for
research or statistical purposes and that compliance with requests for information is not
mandatory. Where the notification requirement is to be waived, a justification must be included
in the Privacy Certificate.
6. Describe the precautions that will be taken to insure administrative and physical security of
identifiable data.
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CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Proaram
SUBGRANTEE CERTIFICATION
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime
Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient)
(Select one of the following):
xx Meets Act Criteria
Does not meet Act Criteria
I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand
that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written
EEO Plan relating to employment practices affecting minority persons and women. I also affirm that
the Subgrant Recipient. . . (Select one of the following):
xx Has a Current EEO Plan
Does Not Have a Current EEO Plan
Has included a copy of the current approval letter from the US DOJ
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written
EEO Plan, federal law requires it to form , implement, and maintain such a Plan within 120 days
after a subgrant application for fe ral sistance is approved or face loss of federal funds.
F/Z
Signature of Subgrantee A ho zed Official
Type Name:
Thomas J. Willi
Title: Countv Administrator
Subgrant Recipient:
Monroe County Board of County Commissioners
Date: June 29. 2006
FDLE JAG Grant Application Package
EEO Certification
Page 2012
(April 2005)
CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
IMPLEMENTING AGENCY CERTIFICATION
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime
Control and Safe Streets Act of 1968 as amended, that this Implementing Agency. . .(Select one of the
following):
XX Meets Act Criteria
Does not meet Act Criteria
I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand
that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a
written EEO Plan relating to employment practices affecting minority persons and women. I also affirm
that the Implementing Agency. . . (Select one of the following):
XX Has a Current EEO Plan
Does Not Have a Current EEO Plan
Is Included in the EEO Plan of the Subgrant Recipient.
Has included a copy of the current approval letter from the US DOJ
I further affirm that if the Implementing Agency meets the Act criteria and does not have a current
written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120
days after a subgrant application for federal assistance is approved or face loss of federal funds.
Type Name:
Thomas J. Willi
Name of Subgrant Recipient Monroe Countv Board of Countv Commissioners
Name of Implementing Agency: Monroe Countv Board of Countv Commissioners
Title: County Administrator
Date: June 29. 2006
FDLE JAG Grant Application Package
EEO Certification
Page 2012
(April 2005)
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
June 29, 2006
RECt\\fED
JUl 1 0 2006
OFf\iSi11Cf ~ QI\AH1S
CI\IMI"AL J
'=(EC-Y ,---< 7r;""'D I
-.t':' ' .t._. ',' ~",,' !
TO:
Salvatore Zappulla, Director
Office of Management & Budget
ATTN:
FROM:
Dave Owens
Grants Management
Pamela G. Han~
Deputy Clerk 0
JUN 2 .9 LuuJ
I
6t.1~
At the June 21, 2006, Board of County Commissioner's meeting the Board adopted
Resolution No. 234 authorizing the submission of a Grant Application to the Florida Department
of Law Enforcement for the Fiscal Year 2007 Edward Byrne Memorial Justice Assistance Grant
(JAG) Program.
Enclosed is a certified copy of the subject Resolution for your handling. Should you have
any questions please feel free to contact our office.
cc: County Attorney
Finance
File
RESOLUTION NO.
234 - 2006 Budget and Finance
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY,
FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FISCAL YEAR 2007
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
r;EWVEO
WHEREAS, the Florida Department of Law Enforcement has annouRG~q~he
Fiscal Year 2007 funding cycle of the Edward Byrne Memorial Justi~JAsliS'taH~g Grant
(JAG) Program; and OHIGEOF
CRIMIHAL JUSTICE SIWfTS
WHEREAS, on May 16,2006, the Monroe County Board of Commissioners
agreed to serve as the coordinating unit of government in the preparation of the grant
proposals and in the distribution of funds allocated to Monroe County in the amount of
$89,801.00 with an additional $29,934.00 cash match requirement (total of
$119,735.00); and
WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with
concern given to the County's current drug control efforts, has recommended certain
programs receive funding to provide the community with activities focused on drug and
alcohol education, prevention, rehabilitation, and treatment; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
1. The Board of County Commissioners concurs with the Monroe County
Substance Abuse Policy AdvisoryBoard's recommendations; and that
2. The County Administrator is hereby authorized to sign and submit the
application packet for the Fiscal Year 2007 grant funds to the Florida
Department of Law.Enforcement Edward Byrne Memorial Justice AssistaFlSe
Grant (JAG) Program; and that ,... ~ 0 ~
3, This resolution shall become effective immediately upon adoptioifi~e 2:
Board of County Commissioners and execution by the Presiding~eer ~
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PASSED AND ADOPTED by the Board of County Commissioners of Monr~un~
Florida, at a regular meeting of said Board' held 'on the 2151 day of June, A.~: ~6. ..
. '::;~;"'<'" ,)_'y;_ (~.7,~"V', '1> I I ~
Mayor McCoy Yes
Mayor Pro Tem Spehar Yes
Commissioner Neugent Yes
Commissioner Rice Yes
Commissioner Patton Yes
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A3N~01l\( AlNnooa~tJ$€ourt
13SSITO 'M 3N33111'w'N
By:
of Commissioners
yor
:VH:lO::! 01 SIT 03^Ol:ldd'w'
A3Nl:I011IT AlNnoo 30l:lNOVl
MONROE COUNTY ATTORNEY
APPROVED AS T~ FPfiM:
ndh,_ . '?/Y.RL1Af}
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.
RECEIVED
JUL 1 0 2006
OffiCE OF
CRIMINAL JUSTICE GI\ANTS
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
ELECTING A MAYOR/CHAIRPERSON AND MAYOR
PRO TEM
RESOLUTION NO. 392_ 200S
WHEREAS, it has become necessary for the members of the Board of County Commissioners
of Monroe County, Florida, to elect a Mayor/Chairperson and Mayor Pro Tern for said Board; now,
therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. That Commissioner Charles "Sonny" McCoy is hereby
designated Mayor/Chairman of the Board of County Commissioners of Monroe County, Florida.
Section 2. That Commissioner Murrav E. Nelson is hereby
designated Mayor Pro Tern of the Board of County Commissioners of Monroe County, Florida.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 16th day of November, 2005.
Mayor Spehar
Mayor Pro Tern McCoy
Commissioner Nelson
.' . c;J~l1l1J1issioner Neugent
-' Co1nJnilisjoner Rice
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. (S,~l.:.... !-
-;.'~;1>~L. KOLHAGE, Clerk
B(j!:::-~.._~
Deputy Clerk
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Yes
Yes
Yes
Yes
Yes
U'I
BOARD OF COUNTY COMMISSIONERS
OFMONROECOUNTY,FLORlDA
. 4J~>n~
By
Mayor/Chairperson
MONROE COUNTY ATT
A VED AS TO
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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
Signature:
ClPU;L}J. l{J;I.tJ4~
Claytlm It Wi!l!!lr,Ml!!J!I~
Typed Name and
Date
q-J-o fo
Typed Name and
Thomas J. Willi, County Administrator
ard of County Commissioners
Typed Name of Subgrant
Signature:
Date June 29, 2006
Typed Name of Implementing
Signature:
Monroe
Bo rd of C9unty Commissioners
Typed Name and
Thomas J. Willi,
Administrator
Date June 29, 2006
Application Rf
Contract -JAGC-MONR- --
Section #6 Page 1 of 1