FY2009 10/15/2008
DANN1T L. _KOLHAGE
CLERK- OF' THE CIRCUIT COURT
DA TE:
January 22, 2009
TO:
Lisa Tennyson
Grants Management ~
Isabel C. DeSantis, D. C. '7
FROM:
At the BOCC meeting held on October 15, 2008, the Board granted approval and
authorized execution of an Edward Byrne Memorial Justice Assistance Grant Funds Agreement
between Monroe County and Monroe County Education Foundation, provider of the Monroe
Youth Challenge Middle School IV program funded by the Edward Byrne Memorial Justice
Assistance Grant Program & the Clerk's Drug Abuse Trust Fund. The total contract amount is
$50,000. $44,366 will be funded by the Edward Byrne Memorial Justice Assistance Grant
Program and $5,634 will be funded by the Clerk's Drug Abuse Trust Fund.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS AGREEMENT
THIS AGREEMENT is made and entered into this 15th day of October, 2008, 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 Monroe
County Education Foundation, whose address is Post Office Box 1788, Key West, Florida
33040, 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 drug free events, crime and substance abuse prevention classes, life
skills development classes, and community service projects; and
WHEREAS, the County is in need of an agency to provide said services under this
Program; and
WHEREAS, the Substance Abuse Policy Advisory Board published notices of requests
for proposals for use of these funds in newspapers of general circulation, and on May 15, 2008
held a publicly-noticed meeting at which the Board met and considered the proposals received;
and
WHEREAS, THE Substance Abuse Policy Advisory Board has recommended that the
COUNTY disburse a portion of the grant funds to this PROVIDER; 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,
WHEREAS, the COUNTY has agreed to provide supplemental funding through the
Clerk's Drug Abuse Trust Fund,
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, 2008, through September 30,
2009, 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 Anti-
Drug Abuse Sub-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 $50,000.00.
The total sum represents federal grant/state sub-grant support in the amount of $44,366.00 and
supplemental funding through the Clerk's Drug Abuse Trust Fund in the amount of $5,634.00.
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 for Funding Assistance" therefore
and all laws, rules and regulations relating thereto are incorporated by reference ~lIeehment
, 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 COUNTY shall only reimburse,
subject to the funded amounts, those reimbursable expenses which are reviewed and approved
as complying with this agreement. Please see attachment A (Expense Reimbursement
Requirements) & attachment B'(Example of reimbursement request letter). The PROVIDER'S
final invoice must be received within 60 days after the termination date of this contract. The
original invoice shall be sent to:
Monroe County Grants Administrator
1100 Simonton Street
Key West, Fl33040
(b) After the Clerk of the Board of County Commissioners examines and approves the
request for reimbursement, the COUNTY shall reimburse the PROVIDER. However, the total of
said reimbursement expense payments in the aggregate sum shall not exceed the total amount
shown in paragraph 3.
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.
B. RECORDS. PROVIDER shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party to
this Agreement for public records purposes during the term of the Agreement and for four years
following the termination of this Agreement.
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. If an auditor employed by the County or Clerk determines that
monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the PROVIDER shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER.
9. PUBLIC ACCESS. The COUNTY and PROVIDER shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNTY and PROVIDER in conjunction with this Agreement; and the
COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this
provision by PROVIDER.
10. ATTESTATIONS. PROVIDER agrees to execute such documents as the COUNTY
may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement.
11. ATTORNEY'S FEES AND COSTS. The COUNTY and PROVIDER agree that in the
event any cause 01 action or administrative proceeding is initiated or delended by any party
relative to the enlorcement or interpretation 01 this Agreement, the prevailing party shall be
entitled to reasonable attorney's lees, court costs, investigative, and out-ol-pocket expenses, as
an award against the non-prevailing party, and shall include attorney's lees, courts costs,
investigative, and out-ol-pocket expenses in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules 01 Civil Procedure and usual and customary procedures required by the circuit court 01
Monroe County.
12. AUDIT - The PROVIDER shall submit to the COUNTY an audit report covering the
term 01 this Agreement, within one-hundred twenty (120) days lollowing the Agreement's lapse
or early termination and shall also comply with all provisions 01 the Agreement incorporated in
Section 4 01 this Agreement.
13. 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:
Monroe County Grants Administrator
1100 Simonton Street
Key West, Fl33040
FOR PROVIDER:
Dan Kratish
Monroe County Education Foundation
P.O. Box 1788
Key West, Fl33040
Either 01 the parties may change, by written notice as provided above, the addresses or
persons for receipt of notices.
14. UNAVAilABILITY OF FUNDS -If the COUNTY shall learn that funding from the
Florida Department of law Enforcement or the Clerk's Drug Abuse Trust Fund 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.
15. 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 and shall
entitle the COUNTY or PROVIDER to terminate this contract immediately upon delivery of
written notice of termination to other.
16. PROFESSIONAL RESPONSIBILITY AND LICENSING. The PROVIDER shall
assure that all professionals have current and appropriate professional licenses and
professional liability insurance coverage. Funding by the COUNTY is contingent upon retention
of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S
program and staff.
17. 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. Approval shall be
subject to such conditions and provisions as the COUNTY may deem necessary.
18. 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.
19. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
20. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY
and the PROVIDER agree that neither the COUNTY nor the PROVIDER or any agent, officer,
or employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
21. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the COUNTY and the PROVIDER in this Agreement and
the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
22. INDEMNIFICATION - The PROVIDER agrees to hold harmless, indemnify, and
defend the COUNTY, its commissioners, officers, employees, and agents from any and all
claims for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County), and any other losses, damages, and expenses (including
attorneys fee) which arise out of, in connection with, or by reason of services provided by the
PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the
PROVIDER'S employees, agents, or volunteers.
23. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the COUNTY, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents, volunteers,
or employees outside the territorial limits of the County
24. ETHICS CLAUSE - PROVIDER 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.1 0-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 10-1990. 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, commission,
percentage, gift, or consideration paid to the former County officer or employee.
(a) COVENANT OF NO INTEREST - COUNTY and PROVIDER covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and the only interest of each is to
perform and receive benefits as recited in this Agreement.
(b) CODE OF ETHICS - COUNTY agrees that officers and employees of the COUNTY
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
(c) ANTI-DISCRIMINATION - PROVIDER agrees that it will not discriminate against any
employees or applicants for employment or against persons for any other benefit or service
under this agreement because of their race, color, religion, sex, national origin, or physical or
mental handicap where the handicap does not affect the ability of an individual to perform in a
position of employment, and to abide by all federal and state laws regarding non-discrimination.
COUNTY and PROVIDER agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. COUNTY or PROVIDER
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683,
and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-
6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42
USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time
to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the subject
matter of, this Agreement.
(d) ANTI-KICKBACK - COUNTY and PROVIDER warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay
any person, company, corporation, individual, or firm, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of this
provision, PROVIDER agrees that COUNTY shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift or consideration.
25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and PROVIDER
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed at
a public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief
or remedy as may be provided by this Agreement or by Florida law.
26. COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, COUNTY and PROVIDER agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement. COUNTY and
PROVIDER specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
27. CONSENT TO JURISDICTION. Governing Law, Venue, Interpretation, Costs, and
Fees: This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and PROVIDER agree that
venue will lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
28. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept
and performed by the PROVIDER shall not be deemed or considered as a continuing waiver
and shall not operate to bar or prevent the COUNTY from declaring a forfeiture for any
succeeding breach, either of the same conditions or covenants or otherwise.
29. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and PROVIDER agree
to reform the Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
30. 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.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe
County, Florida, on the day and year first written above.
:~T~fJT\\gANNY L. KOLHAGE, Clerk
~y;~.OQ. ~ii<L
'; ", . ;en.."'" 'uty Clerk
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: b.-t-~4 nt....,I.r
, ayor/Chairman
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MONROE COUNTY EDUCATION FOUNDATION
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AlTACHMENT 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 tile 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 shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 shall be at the rate established by ARTICLE XXVI, TRAVEL, PER
DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. 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 from 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 8
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 PIR ending 05/14/01 XXX.XX
105 Employee B PIR ending 05/28101 XXX.XX
(A) Total $ X.XXX.XX
(8) 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
,....... c:..
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: t-). 7- ~ '{
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
Federai 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 10,
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.
C2~U. /).ll~lY
Authorize Official
Clayton H. Wilder
Administrator
f - d. 7 - {)g'
Date
( ) This award is subject to special conditions (attached).
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
=:J
Subgrant Recipient
Organization Name:
County:
Chief Official
Name:
Title:
Address:
City:
State:
Phone:
Fax:
Suncom:
Email:
Monroe County Board of Commissioners
Monroe
Marlo Di Gennaro
Mayor
County Administration Office
1100 Simonton Street
Key West
FL Zip: 33040
305-289-6000 Ex!:
305-289-6306
boccdis4@monroecounty-ft.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
2009-JAGC-875
2009-JAGC-MONR-1- T7-012
Section #1 Page 1 of 2
Rule Reference 11 D-9_006 OCJG.QOS (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
___J
Implementing Agency
Organization Name:
County:
Monroe County Board of Commissioners
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
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
2009-JAGC-875
2009-JAGC-MONR-1- T7-012
Section #1 Page 2 of 2
Rule Reference 11 D-9.DOS 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 Dale: 10/1/2008 End Date: 9/30/2009
Problem Identification
Risk factors.
Monroe County youlh show a higher occurrence of risk faclors 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 turnin9 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 al 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.
0-10Assets 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 110-9.006 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 middie school aged youth with his drug
awareness presentation. it aiso 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 admlnistratorsllaw 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 110-9.006 OCJG.QOS {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 Impiementing 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
I
I
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: Schooi 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-B75
-JAGC-MONR- - -
Section #3 Page 1 of 4
Rule Reference 11 D-9.COG OCJG-Q05 (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
1105 Leon Street
Key West ,FL 33040
Key Largo School
104801 Overseas
Key Largo, FL 33037
Marathon Middle School
350 Sombrero Beach Blvd,
Marathon, FL 33050
Monroe Youth Challenge
90-B Sombrero Road
Marathon, FL 33050
Plantation Key School
100 Lake Road
Tavernier, FL 33070
Stanley Switlik School
3400 Overseas Highway
Marathon, FL 33050
Sugarloaf School
225 Crane Blvd,
Sugarloaf Key, FL 33042
Objectives and Measures
Objective: 04A.01 - Provide a specified number of alternative drug-free events, [Alternative
drug-free events would include any participatory event designed to strengthen Ihe
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 110-9.006 OCJG-Q05 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Goal: 9
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 QCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section Questions:
Question: If "other" was selected for the geographic area, please describe.
Answer: nfa
Question: If "other" was selected for location type, piease describe.
Answer: nfa
Application Ref #
Contract
Section #3 Page 4 of 4
2009-JAGC-B75
-JAGC-MONR- --
Rule Reference 110-9,006 OCJG.005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
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 11D~9,006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
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 hours/week 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 schooi 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 emall 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 110.9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
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 110-9.006 OCJG-005 (rev. April 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
I Standard Conditions
Conditions of agreement requiring compliance by units of local government (subgrant recipients),
implemenling agencies and slate 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 th is section.
1. All Subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance
Grant (JAG) program guidance as well as Federal statutes, regulations, policies, guidelines
and requirements and Florida laws and regulations including but not limited to:
. Florida Administrative Code, Chapter 110-9, "Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program"
. Office of Management and Budget (OMB) Circular A-21 (2 CFR 220), "Cost Principles for
Educational Institutions"
. OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal
Governments"
. OMB Circular A-102, "Grants and Cooperative Agreements with State and Local
Governments"
. OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and
Cooperative Agreements"
. OMB Circular A-122 (2 CFR 230), "Cost Principles for Non-Profit Organizations"
. OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit
Organizations"
. 28 CFR 38, "Equal Treatment for Faith-Based Organizations"
. 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local
Governments" (Common Rule)
. 28 CFR 83, "Government-Wide Requirements for Drug-Free Workplace (Grants)"
. 28 CFR. 18, 22, 23, 30, 35, 42, 61, and 63
. Public Law 109-162, Title XI-Department of Justice Reauthorization, Subtitle B-
Improving the Department of Justice's Grant Programs, Chapter 1-Assisting Law
Enforcement and Criminal Justice Agencies, See, 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-87, "Cosl Principles for State. Local and Indian Tribal Governments",
or OMB Circular A-21, "Cost Principles for Educationallnstilutions".
b. All procedures employed in the use of federal funds for any procurement shall be according
to U.S Department of Justice Common Rule for State and Local Governments, or OMS
Circular A-11 O. or OMB Circular A-1 02, and Florida law to be eligible for reimbursement.
SFY 2009
Rule Reference 11 D~9. 006
Page 1
OCJG-005 (rev. August 2008)
!::dWi::IIU Byrll~ ME:llflulii::ll ;:justice Assistance Gram lJAG) Program
Florida Department of Law Enforcement
3. Reports
a. Project Performance Reports - JAG Countywide Only
(1) Reporting Time Frames:The subgrant recipient shall submit Quarteriy 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)
Edwald Byrne IVlemonal Justice Assistance l:>rant (JAlj) 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-87, and A-110, 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 subgran! recipient does not have a written travel policy, cost of all travel will be
reimbursed according to FS 112061
SFY 2009
Rule Reference 110-9.006
Page 3
OCJG-005 (rev. August 2008)
cowaro tlyrne MemOrial Justice Assistance Grant (JAG) I-'rogram
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 lhe Federal grant period must be submitted to
OCJG for transmittal 10 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 OMS 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-110 or A-102, as applicable.
14, Copyright
The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce,
publish, or othervvise use, and authorize others to use, for Federal government purposes:
a The copyright in any work developed under an award or subaward, and
Spy 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
Ihe author(s) and do not necessarily reflect the views of the Department of Justice."
15. 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 leller 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 penod of three (3) years from the date the
audit report IS issued, unless exlended in writing by the Department.
f Subgrant recipients that expend less Ihan $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)
I::dward Byrne Memonal 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 Cnminal Justice Grants
2331 Phillips Road
Tallahassee, Flonda 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
sllall notify tile 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 gO 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 execulion 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 anses out of causes beyond the control of subgrant recipient and consultant, and
Without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
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(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly.
20. Written Approval of Changes in this Approved Agreement
a. Subgrant recipients must obtain prior approval from the Department for major substantive
changes such as changes In project activities, target populations, service providers,
implementation schedules, project director, 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 reseNes 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
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made or received by the subgrant recipient or its contractor in conjunction with this
agreement.
c. The subgrant recipient will give the awarding agency or the General Accounting Office,
through any authorized representative, access to and the right to examine all paper or
electronic records related to the financial assistance.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
25. Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, I\dministrator or Designated Representative, WllO sign the Signature Page, have
the authority to request changes to the approved agreement. The prior mentioned individuals
have authonty to Sign or m"ke 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 wnting 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 subsecllon, security background
investigations sllalllnclude, but not be limited to, employment history checks, fingerprinting
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for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency or employee. When fingerprinting is required, the fingerprints of the employee
or applicant for employment shall be taken by the employing agency or by an
authorized law enforcement officer and submitted to the Department of law
Enforcement for processing and forwarding, when requested by the emploYing agency,
to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of law Enforcement for any costs incurred by it in the
processing of the fingerprints.
29, Drug Court Projects
A Drug Court Project must comply with 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 US.
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 C.F.R. 23.20(g).
Should any violation of 28 G.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.G.
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 atl projects that are involved with
confidential funds. The signed certification must be submitted at the time of grant application.
33. Equal Employment Opportunity (EEO)
a Federal laws prohibit recipients of financial assistance from discriminating on the basis of
race, color, national Origin, religion, sex, disability, or age in funded programs or activities. All
subgrant recipients and implementing agencies must comply With any applicable statutorily-
Imposed nondiscrimination requirements, which may include the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 9 3789d); the Victims of Crime Act (42 U.S.C. 9
10604Ie)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. 9
5672(b)); the Civil Rights Act of 1964 (42 U.S.C. 9 2000d); the Rehabilitation Act of 1973 (29
USC. 9 7 94), the Americans with Disabilities Act of 1990 (42 U.S.C. S 12131-34); the
Education Amendments of 1972 (20 use S91681, 1683, 1685-86); the Age Discrimination
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Act of 1975 (42 V.S.C. !l!l6101-07); 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
htlp:l/www.ojp.usdoj.gov/abouUocr/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 approvalletler must be submitted to FDLE. The approval letter
expires two years from the date of the letler.
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 $?5,000 or more
from DOJ or If it is a nonprofit organization, a medical or educational institution, or an Indian
rnbe. If an orgamzalion 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 discrimll1ation 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), Pubiic 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 (NEP A)
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 tv be
undertaken in order to use these subgrant funds,
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(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-yearflood plain;
(3) A renovation, lease, or any other proposed use of a building or facility that will either (a)
resuit 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 8ssessment 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, "OMS 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
wilh 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, Iheft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
c, Are not presently indicted for or otherwise cnminally or Civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1 lib) 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 $100000 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
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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, such that disparate conditions of
confinement are created for the same or similar offenders within a jurisdiction.
42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
If an award IS made to support methamphetamine laboratory operations the subgrant recipient
must comply with this condition, which provides for individual site environmental
assessment/impact statements as required under the National Environmental Policy Act.
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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
proteclive 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;
(B) 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 rernediated, jf necessary. and in accordance
with existing State and Federal requirements; and
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(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 inlo
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 V.S.C. 3 2000d, recipients of Federal financial assistance must take reasonable steps to
provide meaningful access to their programs and activities for persons with 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, Environmentai 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 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. 3 470), Ex Order 11593 (identification and
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protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16
U.S.C. 3469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. 34321).
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 pubiic 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 http://www.niemqov/implementationouide.oho.
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 conlidentiality 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.
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OCJG-005 (rev. August 2008)
EJWdl J BYIII'= M'=IIIUI Idl Ju:sttce~aTT~Gram tJAG) 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://wwwoipusdoiqov/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 iocal 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. 94601 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. 99 1501-08 and 99 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
receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment
Regulation also makes clear that organizations participating in prcgrams directly funded by the
Department of Justice are not permitted to discriminate in the provision of ser.;ices on the basis of
a beneficiary's religion.
SFY 2009
Rule Reference 11D-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: 2009-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 of financial assistance from the Office of Jugtice Programs (OJP), its component agencies. and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file. submit to OJP for review, Bnd implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R R9 42.30] ..308, The regulations e~empl some recipients from all of
the EEDP requirements. Other recipients. according to the regulations. must prepare. maintain on file and implement an EEOP, but they
do not need to submit the EEOP 10 OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited ex.emption from the submission requirement, must complete Section B
below. A recipient should complete e/tltuSectlon A or Section B, not both. If a recipient receives multiple OJP or COPS gntnls,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (ifapplicable) has been
prepared within two years of the latesl grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs.
U.S. Department of Justice. 810 71~ Street, N. W., Washington, D.C. 2053 I. For assistance in completing this form. please call (202)307-
0690 or TTY (202) J07~2027.
Section A- Declaration Claiming Comolete Exemotion from the EEOP Requirement Please check all the bores thot
apply.
o
o
o
Recipient has less than SO employees,
Recipient is a non-profit organization,
Recipient is a medical institution,
o Recipient is an [ndian tribe,
o Recipient is an educational institution, or
o Recipient is receiving an award less Ihan $25.000
I, Iresponslble ofl1c1al], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R ~42.302. I further certify that
[recipient/ will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Prlat or type Name and Title
Slen.ture
Dlte
Section s.. Declaration Claiming Exemotion from the EEOP Submission Reauirement and Certifying That an
EEOP Is on File for Review.
rfa recipient agency has SO or more employees and is receiving a single award or subaward for 525,000 or more. bUlleu than 5500.000.
then lhe recipient agency does nOI have to submit an EEOP to OlP for review as long as il certifies the following (42 C.F.R. 9 42.305);
I, Roman Gast.sl, County Administrator (responsible of/1ciall. certify that
the Monroe Counly Board ot County CommiSSioners (recipient), which has 50 or more
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
EEOP in accordance with 28 CFR ~42.30I, er seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and tbat it is available for review. The EEOP is on file in
the office of; Monroe County EEO Coordinator {organizationJ,
at 1100 Simonton StreEtt, Key West, FL 33040 [addressl,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.
~~~.si, CountyAd~~~_______ _ 7<:L~ 7-22-&11'
Print or type Name and Title Signature Date
OMB Approval No. 112]-0140
Expiralion Dale: 0]131/06
h,:,
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 $44,366.00); and
WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with
concern given to the County's current drug control efforts, has recommended certain
programs receive funding to provide the community with activities focused on drug and
alcohol education, prevention, rehabilitation, and treatment; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
1. The Board of County Commissioners concurs with the Monroe County
Substance Abuse Policy Advisory Board's recommendations; and that
2. The County Administrator is herepy,a~thorized to sign and submit the
application packet for the FiscaIY~4t'2909 grant funds to the Florida
Department of Law Enforcement EdWard'ByrhaMemorial Justice Assistance
Grant (JAG) Program; !lAd thai"., "
3. This resolution shall become ettectiveimiT]ediafely upon adoption by the
Board of County Commissioner-s'MlII el'(lcu\tpfi by the Presiding Officer and
Clerk. ". ' ~
" ::r.: 0 gg
~', .'-"'~.,,,, ~: ' ~ :::-.. J> "',
PASSED AND ADOPTED by theeo~iGFbf County.Comrnissioners of M~ Cc@i1ty,::'
Fiorida, at a regular meeting of saidB9!\rdh,eltfon'the 161h day of July, A:O;', 200& ,
. ,j,1 .,' -
Mayor Oi Gennaro -'- ......Yea
Mayor Pro Tem McCoy Yes
Commissioner Murphy Yes
Commissioner Neugent Yes
Commissioner Spehar Yes
DANNY L. KOLHAGE. Clerk .
(Seal) . . C /l Monro~unty B~a;.9.1 ofhommlssioners
AlteG _.~ By: ~jf)/~-~
C erk of Court MayorMONROE COUNTY ATTORNEY
APPRO /ED AS TO FORM:
, .
~
'J
\ )J
(J'\
CHRI TINE M. LlMBERT.BARROWS
ASSISTANT COUNTY ATTORNEY
Date (Dlil.ll-/M
I I
...:,-<.,:",~,.:.-..;.:::,~~,-
/>:Ll0'61.-lf'-':;'
/:!>....~"',"c.""
/lc)...;r "--,,...Jt-~"'"
li~jli'~;...,..18' ~ ))1J<::.
Ij'<:"';j ]$~.."i~ f' '.
,~ ~~~J- '" ~...(.~<--\
\"'~ ......(....
1I'\f""'~ . i.,;:"!,,'
\",_""';"-,:'-' 1_""'l'i:. (("
stATtl Of fLOJ.Il>~. '~~y~ fl1?J:;?i.' ,/
COUN1't" Of M01lJ,O~~ ~'/, ,.'
--.. ~~!.7""';:C,,;:~;'.::;';"
1111. COllY II a 'ft1Io CO\l1 of the"'/
Oxiglaal 0" file lathl. Olf;". Vl\IllISS
l11' haad a"d Officltl S..I.
l\1il- lip.. _dayof ~
. j ..::..-cr
A.D"20- -
,\tiNY L. OLAAGll
~I ICOutl
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
State of Florida
Department of Law Enforcement
Office of Criminal Justice Grants
Signature: . 0,k J./.. fA h M-.) r
Typed Name and Tltle:J~On H. Wilder, Admlnl$\I'atO.
Date:
s:- - ~ 7 - ()'i?
Subgrant Recipient
Authorizing Official of Governmental Unit
(Commission Chairman, Mayor, or Designated Representative)
Typed Name of S~~ient:..
Signature: ~ ".&-
l'10<11:"0<1 County Board of County Commissioners
Typed Name and Title: Roman Gastesi, County Administrator
Date:
722. ,:J',:f
Implementing Agency
Official, Administrator or Designated Representative
Monroe County Board of
County Commissioners
Typed Name and Title: Roman Gastesi, County Administrator
Date: 7- d? Z . .P jJ
Application Ref #
Contract
2009-JAGC-875
-JAGC-MONR- --
Section #6 Page 1 of 1
Rule Reference 11D-9.Q06 OCJG-Q05 (rev. April 2005)