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2009-JACG-MONR-1-T7-012 10/15/2008 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: November 7, 2008 TO: Lisa Tennyson Grants Management Pamela G HancA~ Deputy Clerk J- FROM: At the October 15, 2008, the Board of County Commissioners meeting the Board granted approval and authorized execution of Contract No. 2009-JAGC-MONR-I-T7-012 between MOlioe County and the Florida Department of Law Enforcement for MOlioe Youth Challenge Middle School Program IV funded by the Edward Byrne Justice Assistance Grant Program, Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please feel free to contact our office. cc: County Attorney Finance File/ FOLE Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 (850) 617-1250 www.fdle.state.fl.us Charlie Cnst, Governor Bill McCollum, Attorney Genoral Alex Sink, Chief Financial Officer Charles H. Bronson, Commissioner of Agriculture Gerald M. Bailey Commissioner AUG 2 7 2008 RECEIVED SEP 'Os 2008 f!JoU1 The Honorable Mario Di Gennaro Mayor Monroe County Board of Commissioners County Administration Office 1100 Simonton Street Key West, FL 33040 Re: Contract No. 2009-JAGC-MONR-1-T7-012 Dear Mayor Di Gennaro: The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $ 44,366.00 for the project entitled, MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM IV. These funds shall be utilized for the purpose of reducing crime and improving pUblic safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. Changes were made to these conditions after your application was received in this office. Therefore, these Standard Conditions 5hould be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service. Inte9rity . Respect. Quality The Honorable Mario Oi Gennaro Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at 850/617-1250. Sincerely, ce...L 14. ~ ClaYt1riH. Wilder Administrator CHW/JP/th Enclosures State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2009-JAGC-MONR-1-T7-012, in the amount of $ 44,366.00, for a project entitled, MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM IV, for the period of 10/01/2008 through 09/30/2009, 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. ~q~ (Signature of Subgrantee's Authorized Official) Mario DiGennaro, Mayor (Typed Name and Title of Official) :r "" CJ = , 0 = 2; :J> "'" '- ;0 -... :z: ",-) 2)0+,-- C) 1'-111.,.,,:: '< I ,- -...J , - "'" ; :J: -'1 , , :-J '9 r:::l ;",,," 0 Monro!> rOllnty R=rrf of rOllOty rommic:c:ionerc; (Name of Subgrantee) OCT 1 5 2008 (Date of Acceptance) MONROE COUNTY ATTORNEY APPROVED AS TO FORM: CHRISTINE M. LIMBERT,BARROWS ASSISTANT COUNTY ATTORNEY Date a/}).{./~ I I Rule Reference 110-9.006 OCJG-012 (Rev. October 2005) 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: '1- J. 7.6 r Grant Period: From: 10/01/2008 TO: 09/30/2009 Project Title: MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM IV Grant Number: 2009-JAGC-MONR-1-T7-012 Federal Funds: $ 44,366.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 44.366.00 State Purpose Area: 04A: Community Crime Prevention CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351. as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D, Office of Justice Programs. Common Rule for State and Local Governments and A- 87. or OMB Circulars A-110 or A-102. as applicable, and A-21. in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended. and P.L. 100-690. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. o ~.I~ Authori~ Official Clayton H. Wilder Administrator ~ - J. 7 - 0'6 Date ( ) This award is subject to special conditions (attached). L Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Title: Address: City: State: Phone: Fax: Suncom: Email: Mario Di Gennaro Mayor County Administration Office 1100 Simonton Street Key West FL Zip: 33040 305-289-6000 Ext: 305-289-6306 boccdis4@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Email: dkolhage@monroe-c1erk.com Application Ref # Contract 2009-JAGC-875 2009-JAGC-MONR-1- T7-012 Section #1 Page 1 of 2 Rule Reference 110.9.006 OCJG-Q05 (rev. April 2005) c:: Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Implementing Agency Organization Name: . County: Chief Official Name: Title: Address: City: State: Phone: Fax: Suncom: Email: Monroe County Board of Commissioners Mon roe Mario Di Gennaro Mayor County Administration Office 1100 Simonton Street Key West FL Zip: 33040 305-289-6000 Ext: 305-289-6306 boccdis4@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 Section #1 Page 2 of 2 2009-JAGC-875 2009-JAGC-MONR-1- 17-012 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Project Information Project Title: MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM IV Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2008 End Date: 9/30/2009 Problem Identification Risk factors. Monroe County youth show a higher occurrence of risk factors of 55% compared the state average of 52% (Florida Youth Substance Abuse Survey 2006). There are many risk factors that may influence the youth of Monroe which could cause them to self-medicate with substances, engage or endure bullying and violence, have low school attendance, drop out of school, exhibit criminal behavior and an overall lack of productivity, experience depression, and even commit suicide. Middle School years are often the turning point for youth. Many students drop out of school shortly after ninth grade. A spike in discipline incidents occurs in grades 7-9. Monroe Youth Challenge Program (MYCP)believes that targeting these age groups will provide support to avoid risky behavior. Monroe County reported the highest level of risk for the Family History of Antisocial Behavior scale. Middle school students scored a 58, four points higher than the statewide average of 54. That trend increases at the high school level. Students with high scores on this scale indicated that their families have a history of antisocial behavior, such as substance use or criminal behavior. MYCP has implemented a parent program and curriculum to address this deficiency. Protective factors. At one time behind the state average, Monroe County's overall protective factors have increased from 45% to 48% since MYCP's first year of inception in 2001 with the most notable improvement in the areas of Community Domain which had a 7% increase and School Domain which had a 10% increase. While Monroe's average increased, both domains saw a decrease statewide. The fewer assets possessed by a young person, the more likely they will use drugs and alcohol or engage in violent acts, as indicated by the graph below. 0-10 Assets 11-20 21-30 31-40 Alcohol 45% 26% 11 % 3% Violence 62% 38% 18% 6% Illicit Drugs 34% 23% 11 % 3% Project Summary Capitalizing on the success of its programs in high schools over the past four years, MYCP has brought programming to middle schools. The services are coordinated by the MYCP Prevention Coordinators. These services may be provided by community partners, volunteers, and older youth facilitators. All programs are executed with the goal of providing opportunities for youth to develop personal assets and protective factors. Monroe Youth Challenge Program offers: Application Ref # Contract 2009-JAGC-875 -JAGC-MONR- - - Section #2 Page 1 of 3 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 1) Motivational workshops and Signature Programs which build positive, empathetic relationships among peers and adults, and increase commitment to ending violence, building tolerance and "Being an Agent of Positive Change" These may include professional services, such as motivational speaker Daniel Davison, who motivated 1,400 middle school aged youth with his drug awareness presentation. It also includes our signature programs like Challenge Day or our recently created 8TP (8th Grade Transition Program). Designed by Monroe County High School students who have benefited from MYCP's Leadership programs, this program seeks to end school rivalry and bullying for students from middle school as they enter high school. These events will educate students from all socioeconomic ranges to the real threats of emotional burdens throughout the school, including racism, violence, bullying, and harassment. These programs support the development of stronger relationships among students and their peers, family and community. MYCP signature programs foster alliances through understanding the common challenges faced by children. Working to strengthen the leadership skills in students that do not feel included, MYCP searches for students on campus suffering from alienation, who do not feel connected to the school. These programs strengthen students' emotional health, redirect negative factors, and empower the individuals to overcome obstacles. 2) Parent Network and Parent to Parent Curriculum. The goal of this curriculum is as follows: . Allow parents to create a positive parent culture within their circle of family and friends, . Generate a mutual understanding between school administrators/law enforcement and parents allowing us to be on the same side, . Give parents the tools and skills they need to parent effectively, and . Create a network for parents to gain the support they need. 3) Abuse Prevention and Anti-Bullying Peer Educator Trainings build protective factors and responsibility to "BE the CHANGE" and model healthy choices for younger peers; 4) Service Learning/Community Service Projects Service-learning is a teaching and learning strategy that integrates meaningful community service with instruction and reflection to enrich the learning experience, teach civic responsibility, and strengthen communities; 5) Leadership and Life Skills classes and trainings; and 6) Grassroots coordination with schools, existing law enforcement, juvenile justice agencies, social service and civic organizations in order to integrate and increase the impact of existing crime prevention and substance abuse education efforts among public, private and home school students. 7) PartnerShips with other youth agencies to encourage seamless community service projects: agencies that in the past lacked student involvement have benefited from the organized approach MYCP uses with student directed activities and the community has benefited from meaningful community service projects and the students have benefited from the direct adult supervision, productive activities, the learning gains as academic approaches have been utilized and an increased sense of community awareness. Application Ref # Contract 2009-JAGC-875 -JAGC-MONR- - - Section #2 Page 2 of 3 Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Application Ref # Contract 2009-JAGC-875 -JAGC-MONR- -- Section #2 Page 3 of 3 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: 04A - Community Crime Prevention Activity Description Activity: Community Service Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description Activity: Community Leader Meetings Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description Activity: Crime Prevention Education Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description Activity: Drug Free Events Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description Activity: Mentoring Target Group: Children Geographic Area: School District Location Type: School, Middle Application Ref # Contract 2009-JAGC-875 -JAGC-MONR- - - Section #3 Page 1 of 4 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Activity Description Activity: Recreation Program Target Group: Children Geographic Area: School District Location Type: School, Middle Address(es) : Horace O'Bryant Middle School 11 05 Leon Street Key West , FL 33040 Key Largo School 1 04801 Overseas Key Largo, FL 33037 Marathon Middle School 350 Sombrero Beach Blvd. Marathon, FL 33050 Monroe Youth Challenge 90-B Sombrero Road Marathon, FL 33050 Plantation Key School 100 Lake Road Tavernier, FL 33070 Stanley Switlik School 3400 Overseas Highway Marathon, FL 33050 Sugarloaf School 225 Crane Blvd. Sugarloaf Key, FL 33042 Objectives and Measures Objective: 04A.01 - Provide a specified number of alternative drug-free events. [Alternative drug-free events would include any participatory event designed to strengthen the anti-drug message and/or anti-crime message.] Measure: Part 1 How many alternative drug free events will be conducted? Application Ref # Contract 2009-JAGC-875 -JAGC-MONR- - - Section #3 Page 2 of 4 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Objective: 04A.02 - Present a specified number of crime and substance abuse prevention education classes. Measure: Part 1 How many crime prevention and substance abuse education classes will be presented? Goal: 60 Objective: 04A.03 - Conduct a specified number of life skill development education classes. Measure: Part 1 How many life skill development education classes will be presented? Goal: 40 Objective: 04A.05 - Conduct a specified number of meetings with community leaders for the purpose of identifying neighborhood problems/developing proposed solutions/support groups. Activities should be reported separately from Neighborhood Watch/Business Watch Programs. Measure: Part 1 How many meetings with community leaders for the purpose of identifying neighborhood problems and developing proposed solutions will be conducted? Goal: 12 Objective: 04A.09 - Conduct a specified number of community service projects which may include neighborhood clean-up campaigns. Measure: Part 1 How many community service projects which may include neighborhood clean-up campaigns, will be conducted. Goal: 24 Application Ref # Contract 2009-JAGC-875 -JAGC-MONR- - - Section #3 Page 3 of 4 Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Question: If "other" was selected for the geographic area, please describe. Answer: nla Question: If "other" was selected for location type, please describe. Answer: nla Application Ref # Contract 2009-JAGC-875 -JAGC-MONR- - - Section #3 Page 4 of 4 Rule Reference 11 D-9.006 OCJG-Q05 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR I Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $44,366.00 $0.00 $44,366.00 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 -- $44,366.00 $0.00 $44,366.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # Contract 2009-JAGC-875 2009-JAGC-MONR-1_ T7- Section #4 Page 1 of 3 Rule Reference 110-9.006 OCJG-Q05 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: Total Budget Request: Contractual Services $44,366.00 Salaries and Benefits: Personnel Costs of $40,820.00 will pay a portion of the salaries of: . One MYCP Middle School District Prevention Coordinator $20.00/HOUR x approx. 17.25 hourslweek x 52 weeks = 17,940.00 Research programming, establish community partnerShips and train the prevention coordinators and the high school student leaders . 2 MYCP Prevention Coordinators $20.00/hour x approx. 14 hours x 52 weeks = 14,560.00 These part-time coordinators will work with the middle school students both at school and in the community. They will organize prevention education classes, drug-free activities and community service projects while utilizing community partners and the high school student leaders. . 2-3 Administrative Assistants $20.00/hour x approx. 8 hours/week x 52 weeks = 8,320.00 These less than half time positions maintain the webpage, the monthly newsletter, organize the community outreach meetings and create flyers and email blasts. All of these products are essential to the programs success as it provides the necessary communication to ensure the youth and our volunteers and community partners participate in our programming. Expenses: Professional Fees: $3,546.00 . These assemblies, such as Challenge Day, and substance abuse assemblies, are delivered to every middle school aged student in the county including private and charter schools and home schooled students. They carry important messages and are easy to implement for the schools as MYCP does all of the coordinating. SERVICES WILL BE PROVIDED PURSUANT TO A CONTRACT BETWEEN MONROE COUNTY AND THE MONROE COUNTY EDUCATION FOUNDATION. Application Ref # Contract 2009-JAGC-875 2009-JAGC-MONR_1_ T7- Section #4 Page 2 of 3 Rule Reference 11 D-9.006 OCJG-Q05 (rev. April 2005) 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: 1000.00 Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: No Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: nla 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: nla Application Ref # Contract 2009-JAGC-875 2009-JAGC-MONR-1_ T7- Section #4 Page 3 of 3 Rule Reference 11 D-9.006 OCJG.005 (rev. Aprif 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement I Standard Conditions Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the'following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: . Florida Administrative Code, Chapter 11 D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program" . Office of Management and Budget (OMB) Circular A-21 (2 CFR 220), "Cost Principles for Educational Institutions" . OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" . OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments" . OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" . OMB Circular A-122 (2 CFR 230), "Cost Principles for Non-Profit Organizations" . OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations" . 28 CFR 38, "Equal Treatment for Faith-Based Organizations" . 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) . 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)" . 28 CFR. 18, 22, 23, 3D, 35, 42, 61, and 63 . Public Law 109-162, Title XI-Department of Justice Reauthorization, Subtitle B- Improving the Department of Justice's Grant Programs, Chapter 1-Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program . 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles 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-B7, "Cost Principles for State. Local and Indian Tribal Governments", or OMB Circular A-21, "Cost Principles for Educational Institutions". b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-11 0, or OMS Circular A-102, and Florida law to be eligible for reimbursement. SFY 2009 Rule Reference 110-9.006 Page 1 OCJG-005 (rev. August 2008) EdWald BY"I" M"1II01ial Justice Assistance "ram (JAG) I-'rogram Florida Department of Law Enforcement 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 within 31 days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports must include a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) Project Expenditure Reports (a) The JAG Countywide subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Project Expenditure Reports shall be submitted. (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 (OCJG) through the Subgrant Information Management ON-line (SIMON) system. (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 Financial Closeout Documentation shall be submitted to the Department within forty- five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY 2009 Rule Reference 110-9.006 Page 2 OCJG-005 (rev. August 2008) ..-------...---.-......"..-..,,-,...--.""'. Edward Byrne Memorial Justice Assistance (jran! (JA(j) t-'rogram Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (See Item 10, Program Income.) c. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide, the Common Rule, and OMS Circulars A-21, A-B7, and A-11 0, or A-1 02 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 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 shall be provided to a subgrant recipient upon a written request to the Department. 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 The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to FS 112.061. SFY 2009 Rule Reference 110-9.006 Page 3 OCJG-005 (rev. August 2008) CowarD tJyrne MemOrial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. c. PGI expenditures require prior written approval from OCJG. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to OCJG for transmittal to BJA. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or dispose of it pursuant to FS 274. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-11 0 or A-1 02, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-11 0 or A-1 02, as applicable. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and SFY 2009 Rule Reference 110-9.006 Page 4 OCJG-005 (rev. August 2008) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact OCJG for award number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice." 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of FS 11.45, "Definitions; duties; authorities; reports; rules."; FS 215.97, "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For-Profit Organizations." b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. SFY 2009 Rule Reference 110-9.006 Page 5 OCJG-005 (rev. August 2008) cdward Hyrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY 2009 Rule Reference 110-9.006 Page 6 OCJG-005 (rev. August 2008) [dv'VdIJ OYlll'= Melllulidl Ju:)li.....t:: A:=,:=,i::;ldll{,;t:: Glcml (JAG) I9luYldJrl Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 20. Written Approval of Changes in this Approved Agreement a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in 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 right of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and SFY 2009 Rule Reference 110-9.006 Page 7 OCJG-005 (rev. August 2008) cowarD I:lyrne MemOrial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of 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 SFY 2009 Rule Reference 110-9.006 Page 8 OCJG-005 (rev. August 2008) t:Qwara Ijyrne MemOrial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with FS 397.334, "Treatment-Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per 28 CF R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily- imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.SC. S3789d); the Victims of Crime Act (42 U.S.C. S 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.s.C. S 5672(b)); the Civil Rights Act of 1964 (42 U.S.C S2000d); the Rehabilitation Act of 1973 (29 USC. S7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. S12131-34); the Education Amendments of 1972 (20 U.S.C. SS1681, 1683, 1685-86); the Age Discrimination SFY 2009 Rule Reference 110-9.006 Page 9 OCJG-005 (rev. August 2008) -~_._..._-,_.~. ...._~.,-_.._. Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Act of 1975 (42 US.C. SS 6101-07); and Department of Justice Non-Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith- based and community organizations). b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from DOJ. The plan must be prepared using the on-line short form at http://www.ojp.usdoj.gov/aboutlocr/eeop_comply.htm. must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from DOJ, it must submit its plan to DOJ for approval. A copy of the DOJ approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. d. A subgrant recipient or implementing agency is exempt from the EEOP requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from DOJ or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEOP requirement, it must submit an EEO Certification to FDLE. e. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. f. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.s.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPAl a. The subgrant recipient agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken in order to use these subgrant funds, SFY 2009 Rule Reference 110-9.006 Page 10 OCJG-005 (rev. August 2008) [JWdIJ BYII'''' M",,"u,idl Ju~liG" A~~i~lance Grant (JAG) Prog,am Florida Department of Law Enforcement (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 DO-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 subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with 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 and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into SFY 2009 Rule Reference 110-9.006 Page 11 OCJG-005 (rev. August 2008) cowarD tsyrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. . 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of 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, s.uch that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessmenUimpact statements as required under the National Environmental Policy Act. SFY 2009 Rule Reference 110-9.006 Page 12 OCJG-005 (rev. August 2008) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories: (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment: (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and SFY 2009 Rule Reference 110-9.006 Page 13 OCJG-005 (rev. August 2008) Cdvvald Dyll,e Melllolial Ju~t;cc A~~;~to.lll,;e Glo.llt (JAl3j PJUYldl1l Florida Department of Law Enforcement (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. Limited English Proficiency In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. S 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.qov. 44. The Coastal Barrier Resources Act The 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 compiy with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. S 470), Ex. Order 11593 (identification and SFY 2009 Rule Reference 110-9.006 Page 14 OCJG-005 (rev. August 2008) [d,.are Oyrne Memorial Justice Ass;1>t",,,cc G,,,,,I (JAG) P,u~,,,,,, Florida Department of Law Enforcement protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. S 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.SC. S 4321). 49,. Omnibus Crime Control and Safe Streets Act The subgrant recipient will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. 50. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. 51. Human Research Subjects Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 52. National Information Exchange Model specifications To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit hltp:llwww.niem.qovlimplementationquide.php. 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 Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.s.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. SFY 2009 Rule Reference 110-9.006 Page 15 OCJG-005 (rev. August 2008) EJvvc:uJ BYIIlt:: Mt::lIlulidl Ju::;ti{,;~ A::;::;i::;lcHlce Gram (Jf\G) Program Florida Department of Law Enforcement 55. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.oip.usdoLqov/fundinq/fundinq.htm. 56. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 57. Supplanting The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds. 58. Conflict of Interest The subgrant recipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 59. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. S 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs. 60. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 U.s.C. SS 1501-08 and SS 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 61. Equal Treatment for Faith Based Organizations The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals recEliving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. SFY 2009 Rule Reference 110-9.006 Page 16 OCJG-005 (rev. August 2008) CERTIFICATION FORM Recipient Name and Address: Monroe County Board of County Commissioners; 1100 Simonton Street; Key West, FL 33040 Grant Title: Monroe Youth Challenge Middle School Program Grant Number: 2oo9-JAGC-875 Award Amount: 44,366.00 Contact Person Name and Title: David P. Owens, Grants Administrator Phone Number: (305)292-4482 Federal regulations require recipients orrinaDeiaJ assistance from the Office of Justice Programs (DIP), its component agencies. and rhe Office of Community Oriented Policing Services (COPS) to prepare, maintain on file. submit to DIP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R ~fi 42.301-,308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients. according to the regulations. must prepare. maintain on file and implement an EEOP, but they do not nced to submit the EEOP to DIP for review. Recipients tbat claim a complete exemption from the EEOP requirement must complete Sedlon A below. Recipients that claim the limited exemption from tbe submission requirement, must complete Sedion B below. A recipient should complete either Section A or Section B, not both. Ifa recipient receives multiple DJP or COPS grants. please complete a form for each grant, ensuring tbat any EEOP recipient certifies as completed and on file (ifapplicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights. Office of Justice Programs, U.S. Department of Justice. 810 7111 Street, N.W., Washington, D.C. 20531. For assistance in completing this form. please call (202)307_ 0690 or TTY 202 307-2027. Section A- Declaration Claiming Comolete Exemotion from the EEOP Requirement Pleau check aI/the boxes that apply. o o o Recipient has less than 50 employees, Recipient is a non.profit organization, Recipient is a medical institution, o Recipient is an Indian tribe, o Recipient is an educational institution. or o Recipient is receiving an award less than $25.000 Print or type Name and Title Signature Date Section B- Declaration Claiming Exemotion from the EEOP Submission Reouirement and Certifying That an EEOP Is on File for Review. If a recipient agency has SO or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500.000. then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. ~ 42.305): I, Roman Gasleal, County Administrator Iresponsible official), certifY that the Mooroe County Board of County Commlsslooers (reclpientl, which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has fonnulated an EEOP in accordance with 28 CFR ~42.30 I, et seq., subpart E. I further certify that the EEOP has been fonnulated and signed into effect within the past two yeatll by the proper authority and that it is available for review. The EEOP is on file in the office of: Monroe County EEO Coordlnetor lorganlzation), at 1100 Simonton Stroot, Ksy West, FL 33040 laddressJ,for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relev~ws and regulations. Roman Gastesi, County Administrator 7~ ~~ :7-22-t?f> Print or type Name and Title Signature Dlte OMBAppmvalNo. 1121-0140 Expiratioo Date: 01/31/06 l'i'i RESOLUTION NO. 210a - 2008 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 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the Fiscal Year 2009 funding cycle of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, on July 16, 2008, 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 $44,366.00 with an additional $0.00 cash match requirement (total of $44,366.00); and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. The County Administrator Is hereby authorized to sign and submit the application packet for the Fiscal't'~.at~609gra/lt funds to the Florida Department of Law Enforcement Ed~aM\ByrheMemorial Justice Assistance Grant (JAG) Program; artdthlilk, " 3. This resolution shall become. ejfective:iinM~d!i!.feIY upon adoption by the Board of County Commissioi1efslll'iill'~l<ecUttp;; by the Presiding Officer and Clerk. . ." -'. !._ ..,' '. 3: g., ". "'-~'-"-' -- - " . "-"'''-.'---.'''''~''~~'", !~:-'. ~ ~ ;: .~~: PASSED AND ADOPTED by the 6o~r~'of yount}LGomrnissioners of M~ C~ty,,: Florida, at a regular meeting of said,e9~rqh)elt'j;;~nithe 16th day of July, ~:~:' 20~.' Mayor Oi G;~~-aro --"'~ .-ye....... Mayor Pro Tem McCoy Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Spehar Yes DANNY L. KOLHAGE. Clerk . . (Seal) _ d. /J Monro~a;,9) ofhommlssloners MeG -~~ By: r4Y~-~ C erk of Court Mayor MONROE COUNTY ATTORNEY APPRO/ED AS TO FORM: :0- :3.: ,",\ 'J '\ \ !'. " \.~. ' '" CHRISTIN M. LIMB RT.BARROWS ASSISTANT COUNTY ATTORNEY Date (D/:i/.II-/f'IP, , I Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: 0a;k N. fA Jj M..J Typed Name and Title: J.aytDn H. Wilder. Admlnls1ratOr Date: ~-.:l 7-(J,? Typed Name of S~~ient: Monroe County Board of County Signature: ~ ~ Commissioners Typed Name and Title: Roman Gastesi, County Administrator Date: 7- 22. t7<f Monroe Typed Name of Im~ti~g~n5?: Count v Signature: ,5/c2 ~ ~IL- Typed Name and Tille: Roman Gastesi, County Administrator Date: 7.2Z.,jJ County Board of Commissioners Application Ref # Contract 200Q-JAGC-875 -JAGC-MONR- - - Section #6 Page 1 of 1 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)