2013-JAGC-MONR-6-B2-270 12/12/2012 DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: December 19, 2012
TO: Michelle Grillo, Grants Analyst
Office of Management & Budget
FROM: Pamela G. Hanc4!P.C.
At the December 12, 2012, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
✓Item C8 Authorization for the Mayor to execute the Certificate of Acceptance of Sub -grant
Award for the Guidance /Care Center Male Jail In -House Program (Traditionally funded by
RSAT), using funds provided under the FDLE Edward Byrne Memorial Justice Assistance Grant
program, for the period from October 1, 2012 through September 30, 2013. Enclosed are three
duplicate originals for your handling.
Item C9 Authorization for the Mayor to execute the Edward Byrne Memorial Justice
Assistance Grant Program Funds Agreement with Guidance /Care Center Male Jail In -House
Program (Traditionally funded by RSAT), for the period from Oct 1, 2012 through Sept 30,
2013. Enclosed are three copies for your handling.
Should you have any questions, please feel free to contact my office.
cc: County Attorney w/o documents
Finance
File
FILE
Florida Department of
Law Enforcement
Gerald M. Bailey
Commissioner
Office of Criminal Justice Grants
Post Office Box 1489
Tallahassee, Florida 32302 -1489
(850) 617 -1250
www.fdle.state.fl.us
Rick Scott, Governor
Pam Bondi, Attorney General
Jeff Atwater, Chief Financial Officer
Adam Putnam, Commissioner of Agriculture
The Honorable David Rice
Mayor
Monroe County Board of Commissioners
1100 Simonton Street
Room 2 -213
Key West, FL 33040 -3110
Re: Contract No. 2013 - JAGC - MONR -6 -B2 -270
Dear Mayor Rice:
The Florida Department of Law Enforcement is pleased to award an Edward Byrne
Memorial Justice Assistance Grant to your unit of government in the amount of
$ 67,000.00 for the project entitled, JIP: JAIL INTERVENTION PROGRAM
(TRADITIONALLY FUNDED THROUGH RSAT). These funds shall be utilized for the
purpose of reducing crime and improving public safety.
A copy of the approved subgrant application with the referenced contract number is
enclosed for your file. All correspondence with the Department should always refer to
the project number and title.
Your attention is directed to the Standard Conditions of the subgrant. Changes were
made after your application was received in this office. Therefore, the Standard
Conditions should be reviewed carefully by those persons responsible for project
administration to avoid delays in project completion and costs reimbursements.
The enclosed Certification of Acceptance should be completed and returned to the
Department within 30 calendar days from the date of award. This certificate constitutes
official acceptance of the award and must be received by the Department prior to the
reimbursement of any project expenditures.
Committed to
Service • Integrity • Respect • Quality
The Honorable David Rice
Page Two
We look forward to working with you on this project. If we can be of further assistance,
please contact Janice Parish at 850/617 -1250.
Sincerely,
I �J. • U�
Claytonj er
Administrator
CHW /JP /st
Enclosures
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative, acknowledges receipt and
acceptance of subgrant award number 2013 - JAGC - MONR -6 -B2 -270, in the amount
of $ 67,000.00, for a project entitled, JIP: JAIL INTERVENTION PROGRAM
(TRADITIONALLY FUNDED THROUGH RSAT), for the period of 10/01/2012 through
09/30/2013, to be implemented in accordance with the approved subgrant
application, and subject to the Florida Department of Law Enforcement's Standard
Conditions and any special conditions governing this subgrant.
(Signature of Subgrantee's Authorized Official)
George Neugent, Mayor
(Typed Name and Title of Official)
Monroe County
(Name of Subgrantee)
December 12, 2012
(Date of Acceptance)
Attest: Amy Heavilin, Clerk
Ad Interim
De uty Clerk
Rule Reference 11 D -9.006 OCJG -012 (rev. June 2012)
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MONROE COUNTY ATTORNEY
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Date
Rule Reference 11 D -9.006 OCJG -012 (rev. June 2012)
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
SUBGRANT AWARD CERTIFICATE
Subgrantee: Monroe County Board of Commissioners
Date of Award: /1- /3 — / 2-.%
Grant Period: From: 10/0112012 TO: 09/30/2013
Project Title: JIP: JAIL INTERVENTION PROGRAM (TRADITIONALLY FUNDED
THROUGH RSAT)
Grant Number: 2013 - JAGC - MONR -6 -B2 -270
Federal Funds: $ 67,000.00
State Agency Match:
Local Agency Match: $ 0.00
Total Project Cost: $ 67,000.00
CFDA Number: 16.738
Award is hereby made in the amount and for the period shown above of a subgrant
under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-
351, as amended, and the Anti -Drug Abuse Act of 1988, P.L. 100 -690, to the above
mentioned subgrantee and subject to any attached or special conditions.
This award is subject to all applicable rules, regulations, and conditions as contained
in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D,
Office of Justice Programs, Common Rule for State and Local Governments and A-
87, or OMB Circulars A -110 or A -102, as applicable, and A -21, in their entirety. It is
also subject to such further rules, regulations and policies as may be reasonably
prescribed by the State or Federal Government consistent with the purposes and
authorization of P.L. 90 -351, as amended, and P.L. 100 -690.
SUBGRANT AWARD CERTIFICATE (CONTINUED)
This grant shall become effective on the 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.
Q1 0, L' g- .
Authorized lOfficial
Clayton H. Wilder
Administrator
!!- !S -0
Date
( ) This award is subject to special conditions (attached).
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Subgrant Recipient
Organization Name: Monroe County Board of Commissioners
County: Monroe
Chief Official
Name: David Rice
Title: Mayor
Address: 1100 Simonton Street
Email: dkolhage @ monroe- clerk.com
Application Ref # 2013 -JAGC -2094 Section #1 Page 1 of 2
Room 2 -213
City:
Key West
State:
FL Zip: 33040 -3110
Phone:
305 - 289 -6000 Ext:
Fax:
Email:
rice -david @monroecounty - fl.gov
Chief Financial Officer
Name:
Danny Kolhage
Title:
Clerk
Address:
500 Whitehead Street
City:
Key West
State:
FL Zip: 33040 -3110
Phone:
305 - 292 -3550 Ext:
Fax:
305 - 295 -3663
Email: dkolhage @ monroe- clerk.com
Application Ref # 2013 -JAGC -2094 Section #1 Page 1 of 2
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Implementing Agency
Organization Name: Monroe County Board of Commissioners
County:
Monroe
Chief Official
Name: David Rice
Title:
Mayor
Address:
1100 Simonton Street
Room 2 -213
City:
Key West
State:
FL Zip: 33040 -3110
Phone:
305 - 289 -6000 Ext:
Fax:
Email: rice -david @monroecounty - fl.gov
Project Director
Name: Lisa Tennyson
Title:
Grants Administrator
Address:
1100 Simonton Street
Room 2 -213
City:
Key West
State:
FL Zip: 33040
Phone:
305 - 292 -4444 Ext:
Fax:
Email: Tennyson- Lisa @monroecounty - fl.gov
Application Ref # 2013 -JAGC -2094 Section #1 Page 2 of 2
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
"5}°
.
General Project Information
Project Title: JIP: JAIL INTERVENTION PROGRAM (TRADITIONALLY FUNDED
THROUGH RSAT)
Subgrant Recipient: Monroe County Board of Commissioners
Implementing Agency: Monroe County Board of Commissioners
Project Start Date: 10/1/2012 End Date: 9/30/2013
Problem Identification
South Florida, in which the Keys are located, is a mecca for illicit drug use and has a much higher
than national drug abuse prevalence. South Florida is a designated high- density drug trafficking
area and a leading cocaine importation center. The National Household Survey on Drug Use and
Health reported that in FY 2008 -2009 there were an estimated 1,253,917 adults in the state with
substance abuse problems. Nearly 13% of them live below the poverty level. The primary drugs
abused were alcohol (35 %), cocaine /crack (20 %), marijuana (23 %), and opiates (14.5 %). Of
those adults needing treatment in the state, only 129,698 (10 %) received services. In FY 2010-
2011, 13,055 adults (DCF Quick Facts) received services by substance abuse treatment providers
in DCF Circuits 11 and 16 (Miami -Dade and Monroe Counties). DCF identified substance - abusing
adults in the criminal justice system as a priority population in their Strategic Plan.
Within the Keys, data validates that substance abuse among the general population, and
particularly among those arrested, is high. Local data reflects and /or exceeds national and state
statistics. Records from HELPLINE, a 24 -hour crisis intervention, information and referral service
in Monroe County indicate 674 substance abuse related calls just in the last year. In 2011, there
were 8,022 arrests in Monroe County, Florida; 7,730 of those arrests were adults (96 %). The
"index for total crimes" increased by 7.7% in the County since 2006. During the same period,
nonviolent crime increased by 9.6 %. From 2008 to 2009, there was a 5.6% increase in violent
crime, with a 40.6% increase in domestic violence offenses. Based on annual reports from the
Florida Department of Law Enforcement for 2010 and 2011, several crimes showed a substantial
increase in the County compared to State rates (See Table 1).
Table 1: % Change
Crime County % Change State ,, Change
Drug Arrests 16.5
-8.1
Liquor Law Violation 10.1
-16.5
Aggravated Assault 8.2
-3.8
Simple Assault 7.8
-1.7
Weapons Offenses 80.0
-3.9
Kidnapping / Abduction 400.0
-1.2
During 2010, the average daily census in the Monroe County Jails was 486 inmates (410 in Key
West, 40 in Marathon, and 36 in Plantation Key). The incarceration rate in Monroe County in
2010 was 6.3/1,000 residents, more than twice the State rate (3.1). The Monroe County
Detention center reported that approximately 80% of incarcerated individuals have substance
abuse problems.
The key issue that defines the problem and need in our community has been prevalent for some
time. There are not enough substance abuse treatment services in Monroe
Application Ref # 2013 -JAGC -2094 Section #2 Page 1 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
County to address neither the need nor the demand of those who return to our Criminal Justice
System time, after time, after time. Often these repeat offenders are not appropriate for the out
patient services available in the community either due to the nature of the crimes they have
committed, the long- standing nature of their substance use disorder, the likelihood that they may
also have a co- occurring mental health disorder, or a combination of any of these three issues. In
cases such as those aforementioned, structured treatment in a controlled environment provides
the best opportunity for intervention to be effective and re -entry successful. Currently, there are
no local, licensed substance abuse residential treatment programs in Monroe County.
Many of the offenders with substance use disorders are also parents, thus parental substance use
and the criminal conduct also affects children and overburdens our already taxed child welfare
system. The National Survey on Drug Use and Health (NSDUH) reports that over 8.7 million
children under the age of 18 (12.2 %) lived with at least one parent who was dependent on or
abused alcohol or an illicit drug during the past year. Male and female offenders often experience
mental illness and substance abuse disorders, have child- rearing, parenting and custodial
difficulties, health problems, histories of violence, sexual abuse and corresponding trauma
(Veysey, 1998). From a local perspective, Healthy Start indicated that 75% of the children in
foster care in Monroe County have exposure to substance abuse in the family.
Currently, offenders must leave the community and go to Miami -Dade or Broward County to
access residential treatment to address the needs associated with a serious substance use
disorder. The Jail In -House Program (JIP) at the County Detention Center is the only substance
abuse treatment program in the Keys that provides comprehensive treatment services in a
controlled environment. (This program has traditionally been funded through the FDLE
Residential Substance Abuse Treatment (RSAT) grant.)
Project Summary (Scope of Work)
The Monroe County Sheriffs Office has operated the JIP program at the County's Detention
Center.
The JIP program has received RSAT grant funding for at least the past 9 years. This year's
funding through Byrne /JAG funding will allow the program to continue unchanged. As it always
has, the program will serve approximately 100 men, with substance abuse issues, in the County
Detention Center with substance abuse treatement services.
Monroe County will execute a contract to implement the Jail Incarceration Program (JIP) in the
Monroe County Detention Center to provide substance abuse treatment services to the inmates
housed there.
Most of the participants in the program are court ordered by the Drug Court, Circuit Court and
County Court Judges in Monroe County. The rest are volunteers who meet criteria for
drug /alcohol treatment and will be in the county jail a minimum of 182 days.
The program has established a positive reputation county wide, working closely with judges,
prosecutors and defense attorneys throughout the county. DCF audits for the past three years
reported that this program meets or exceeds Best Practice standards with 100% compliance.
Application Ref # 2013 -JAGC -2094 Section #2 Page 2 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Admission policies are welcoming to individuals with co- occurring disorders, learning disabilities,
illiteracy, as well as Spanish speaking inmates. This allows access for all who might otherwise not
receive services.
The program's services will be delivered Program Components:
- Client- centered individualized treatment plans are a cornerstone of treatment. These are
developed in partnership with the program participants. They also include a Global Assessment of
Individual Needs (GAIN) instrument provides a comprehensive assessment of client needs and
assists in developing a person- centered Wellness & Recovery Plan.
-For co- occurring clients, a Mental Health Status Assessment identifies impariments in
functioning. If identified as having a possible mental health issue, the client recieves a referral to a
mental health counselor and the Prison Health Services Psychaiatris as well as particpating
services to address the substance abuse disorder adn ciminal thinkg and behavior.
Monroe County conducts drug testing (urine analysis) randomly and positive tests result in 30
days in lock -up and a return to court for judicial review of the case. Tests used are the Reditest 10
panel dip sticks testing for amphetamine, benzodiazepines, cocaine, opiates, synthetic opiates,
THC, PCP, barbiturates, MDMA and methadone. The program also has a relationship with the
local drug court to run tests on their machine if test results are questionable.
- Program services use an evidence based practice Cognitive Behavioral Therapy (CBT)
curriculum entitled "Substance Abuse and Criminal Conduct: Strategies for Self Improvement and
Change - Pathways to Responsible Living" authored by Harvey Milkman and Kenneth Wanberg.
Throughout the treatment episode participants use a client workbook that belongs to them.
Monroe County uses individual and group formats to deliver core services. As participants move
through the program they will learn to facilitate group gatherings for such activities as morning
affirmations, positive acknowledgement and recognition, positive slip groups where participants
share experiences of "catching" each other in random acts of kindness and evening gratitude
wrap ups.
The specific components of the treatment services (substance abuse services, counseling, drug
testing, and educational services, supportive cue management) include:
- Educating participants on addiction and the consequences of criminal behavior through
therapeutic experiences;
- Teaching about healthy ways of thinking, feeling, and acting in an atmosphere of mutual
respect;
- Acknowledging the pain and violence in the person's past and offering healthy alternatives for
the future, trauma - informed care;
- Providing a range of informational, emotional, and behavioral options to shape safe and
productive futures;
- Putting emphasis on the ability to feel and express feelings that, in turn, increases a sense of
self -worth;
- Teaching parenting education and improving abilities to cope with their children
Application Ref # 2013 -JAGC -2094 Section #2 Page 3 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
based on healthy relationship models;
- Teaching /creating physical and emotional wellness;
- Providing mentoring: collaboration by modeling healthy relationships, learning from each other
and moving toward clean and sober lives;
- Teaching participants to take on increasing responsibilities as they advance through their plans,
for their own recovery/personal change and that of their peers;
- Providing a continuum of care supports participants by connecting them with and coordinating
aftercare in the community and though 12- step /support group involvement;
- Teaching and practicing positive coping skills;
- Developing and beginning to implement a realistic and hopeful life plan;
- Provide workbooks that use an evidence based practice cognitive behavioral therapy
curriculum;
- Develop an Individualized Recovery Blueprint for each participant upon discharge to facilitate
their transition into the community.
- Treatment and education are provided across the following issues:
o Chemical Dependency
o Criminal Thinking and Destructive Behavior
o Healthy Relationships
o Financial Management
o Employment
o Physical and Mental Health
o Relapse Prevention
o Family Dynamics and Domestic Relationships
o Parenting and Child Development
o Community Connectedness and Responsibility
Program services last a minimum of 182 days, with extensions up to 364 days possible as clinical
appropriate. For all program participants, JIP makes appropriate referrals for continued treatment
and community reintegration prior to program discharge and release from incarceration. Aftercare
services are encouraged as a part of re -entry planning and last up to six months post release, but
are not paid for by this contract. Monroe County will provide aftercare throughout the Florida Keys
in community -based facilities.
Substance abuse treatment services documentation will consist of staff time sheets and activity
logs that will inclu e staff names and id numbers, descriptio of the activity, the clienUQ. articipant
name and id number, the duration of the activity, and the date of the activity. The audit
documentation many includ a combination of the following: client service documentation, client
case files, client names, types of services, service dates, duration times and program materials.
Monroe County requires that all reimbursement requests from our providers be accompanied by a
notarized statement attestting to the accuracy of the request, and specific, verifiable
documentation including staff time sheets and payroll records. In addition, providers are required
to provide case files, activity records, attendance records, etc. for audit and verification purposes.
Application Ref # 2013 -JAGC -2094 Section #2 Page 4 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Section Questions:
Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from
the U.S. Department of Justice?
Answer: No
Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or
more from the U.S. Department of Justice?
Answer: No
Question: Part 1: In your business or organization's preceding completed fiscal year, did your
business or organization (the subgrantee) receive (1) 80 percent or more of your
annual gross revenues in U.S. federal contracts, subcontracts, loans, grants,
subgrants, and /or cooperative agreements; and (2) $25,000,000 or more in annual
gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants,
and /or cooperative agreements? If yes, answer "yes" or "no" to Part 2, below.
Answer: No
Question: Part 2: Does the public have access to information about the compensation of the
executives in your business or organization (the subgrantee) through periodic reports
filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? If answer to
Part 1, above, was "no," answer N /A.
Answer: NA
Application Ref # 2013 -JAGC -2094 Section #2 Page 5 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Performance Info:
Performance Reporting Frequency: Quarterly
Federal Purpose Area: 004 - Corrections and Community Corrections Programs
State Purpose Area: A - Accomplishments: Includes any accomplishments during the
reporting period.
Activity Description
Activity: Substance Abuse Treatment
Target Group: Males - Adult*
Geographic Area: Rural
Location Type: County Jail
Activity Description
Activity: Group Therapy
Target Group: Males - Adult*
Geographic Area: Rural
Location Type: County Jail
Activity Description
Activity: Counseling
Target Group: Males - Adult*
Geographic Area: Rural
Location Type: County Jail
Activity Description
Activity: Psycho - Social Assessment
Target Group: Males - Adult*
Geographic Area: Rural
Location Type: County Jail
Activity Description
Activity: Drug Testing
Target Group: Males - Adult*
Geographic Area: Rural
Location Type: County Jail
Address(es) :
Application Ref # 2013 -JAGC -2094
Section #3 Page 1 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Monroe County Detention Center
College Road
Key West, FL 33040
Objectives and Measures
Objective: Al - Report on program accomplishments
Measure: Part 1
Please briefly describe what your program's accomplishments will be. Please
include any benefits or changes to be observed as a result of JAG - funded activities,
such as program completion, or changes in attitudes, skills, knowledge, or
conditions. [500- character limit]
Goal: The Monroe Board of County Commissioners anticipates funding the Jail In -house
Program (JIP) which provides comprehensive treatment services in a controlled
environment. Grant funds will provide assessments, substance abuse services, drug
testing, case management, and individual and group counseling.
Objective: A2 - Report on usage of crimesolutions.gov Website
Measure: Part 1
Will you be using the crimesolutions.gov website?
Goal: No
Objective: A3 - Report on subgrants from grantees other than FDLE
Measure: Part 1
Are you a subrecipient of a JAG award from another JAG grantee (other than
FDLE)? A Grantee can be a primary recipient of a JAG award from BJA and a
subrecipient of a JAG award from another JAG award primary recipient.
Goal: No
Measure: Part 2
If yes, enter grantee organization or agency name.
Goal: N/A
State Purpose Area: CR - Corrections and Community Corrections: Includes community
corrections and corrections services provided and the individuals
served.
Activity Description
Activity: Corrections and Community Corrections
Target Group: Corrections and Community Corrections
Geographic Area: Rural
Application Ref # 2013 -JAGC -2094 Section #3 Page 2 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Location Type: County Jail
Objectives and Measures
Objective: CR1 - Report on JAG funding allocated for corrections and community corrections
Measure: Part 1
How much JAG funding has been allocated for corrections and community
corrections services? Please report in dollars ($).
Goal: $67,000
Objective: CR2 - Provide corrections and community corrections services
Measure: Part 1
Will you provide cognitive based corrections and community corrections services
during the reporting period? Cognitive - Behavioral services include therapeutic
programs used to change criminal thinking and behavior. Examples include Moral
Reconation Therapy (MRT), Think for a Change (T4C), or Aggression Replacement
Training (ART).
Goal: Yes
Measure: Part 2
Will you provide educational corrections and community corrections services during
the reporting period? Educational services foster knowledge by helping participants
develop daily life skills that can enhance their opportunities.
Goal: Yes
Measure: Part 8
Will you provide ,ubstance abuse corrections and community corrections services
during the reporting period? Substance abuse services include substance abuse
education, treatment, or aftercare services.
Goal: Yes
Objective: CR3 - Serve participants in a corrections and community corrections program
Measure: Part 1
Of all corrections and community corrections programs to be provided, how many
TOTAL participants will you serve?
Goal: 100
Measure: Part 2
Of all corrections and community corrections programs to be provided, how many
NEW participants will you serve?
Application Ref # 2013 -JAGC -2094 Section #3 Page 3 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Goal: 100
Measure: Part 3
Of the individuals to be served, how many participants will complete the program?
The number entered should represent only those participants who successfully
completed all the requirements of the program during the reporting period.
Goal: 100
Objective: CR4 - Provide evidence -based corrections and community corrections services
Measure: Part 1
Will your corrections and community corrections program provide evidence -based
services? Evidence -based programs and practices are those demonstrated by the
research literature to be effective at reducing substance use among court- involved
individuals (generally obtained through one or more outcome evaluations).
Goal: Yes
Measure: Part 2
If yes, please enter the number of evidence -based services to be provided by your
program that fit the crimesolutions.gov definition of Effective: "Programs have strong
evidence indicating they achieve their intended outcomes when implemented with
fidelity."
Goal: 1
Application Ref # 2013 -JAGC -2094 Section #3 Page 4 of 5
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Q` s
Section Questions:
Question: If "other" was selected for the geographic area, please describe.
Answer: NA
Question: If "other" was selected for location type, please describe.
Answer: NA
Application Ref # 2013 -JAGC -2094 Section #3 Page 5 of 5
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 / Vendor Number: 596000749
Budget:
Budget Category Federal Match Total
Salaries and Benefits $0.00 $0.00 $0.00
Contractual Services
$67,000.00
$0.00
$67,000.00
Expenses
$0.00
$0.00
$0.00
Operating Capital
$0.00
$0.00
$0.00
Outlay
Indirect Costs
$0.00
$0.00
$0.00
-- Totals --
$67,000.00
$0.00
$67,000.00
Percentage 100.0 0.0 100.0
Proje Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref # 2013 -JAGC -2094 Section #4 Page 1 of 4
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Budget Narrative:
CONTRACTUAL SERVICES:
The Guidance /Care Center will provide approximately 3827 hours of substance abuse services to
males incarcerated at the Monroe County Detention Center. Substance abuse services will
include assessments, treatment plans, susbtance abuse counseling (individual and group), case
management, supportive services, and drug testing. Services will be provided by 2 Substance
Abuse Counselors and 1 Program Director.
Unit: 1 service hour
Unit Cost: $17.50 (rounded)
Units to be provided: 3827.2 units
Unit Cost Budget: 3,827.2 units of substance abuse services @ $17.50 per unit
Unit Cost Calculation: $17.50 (approx.) x 3827.2 = $67,000
TOTAL PROJECT BUDGET: $67,000
Unit cost was established by contracted service provider in August 2012.
CONTRACT:
Monroe County will execute a contract with Guidance Care Center for the period of October 1,
2012 through September 30, 2013 to cover the grant period. A copy of the executed contract will
be sent to FDLE.
Application Ref # 2013 -JAGC -2094 Section #4 Page 2 of 4
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Section Questions:
Question: If salaries and benefits are included in the budget as actual costs for staff in the
implementing agency, is there a net personnel increase, or a continued net personnel
increase from the previous Byrne program?
Answer: NA
Question: If benefits are to be included, are they reflected in the budget narrative?
Answer: NA
Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or
implementing agency, if it is the sheriffs office.
Answer: $1000
Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of
salaries and benefits), and provide documentation of the appropriate approval of this
plan.
Answer: NA
Question: If the budget includes services based on unit costs, provide a definition and cost for
each service as part of the budget narrative for contractual services. Include the basis
for the unit costs and how recently the basis was established or updated.
Answer: The unit of service is an hour of service. The basis for the unit cost is staff salaries
assigned to the program plus a small amount for supplies.
A total of 3,827 hours of service will be provided. There is a small increase in the unit
cost over last year's unit cost (of $16.87) due to a minor change in the staffing
structure (the addition of hours of a Program Director), which will enhance program
quality.
A. Personnel
Program Director P/T (.10 FTE)= $6,500
($65,000 salary; .20 FTE total spent on the project; 10% charged to grant
_ $6,500. Also, .10 FTE = 208 hours.)
2 Substance Abuse counselors P/T = $54,288
(2 counselors, each earning $31,200, each .87 FTE charged to grant. 2 x 31,200 x
.87 = 54,288. Also, .87 FTE is 1,809 hours x 2 = 3619.2 hours)
Total Salaries: $60,788
B. Benefits
Benefits include payroll tax (FICA) at 0.0765; other benefits paid for employee will not
be paid by this grant.
Total Benefits = $4,650
Application Ref # 2013 -JAGC -2094 Section #4 Page 3 of 4
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
C. Travel = $0
D. Equipment = $0
E. Supplies = $1,562
(45 treatment workbooks at $22 = $990; 191 drug tests at approximately $3 each =
$572)
TOTAL BUDGET: $67,000
TOTAL UNITS: 3827.2
TOTAL COST PER UNIT: $17.50
Application Ref # 2013 -JAGC -2094 Section #4 Page 4 of 4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
Standard Conditions
Conditions of agreement requiring compliance by units of local government (subgrant recipients),
implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in
this section. Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding. Failure to comply with provisions of this agreement will result in
required corrective action up to and including project costs being disallowed and termination of the
project, as specified in item 18 of this section.
1. All Subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide (Financial Guide) ( www.oip.usdo o .gov /financialquide /index.htm and
the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance
( www.bia.gov/ProgramDetails.aspx?Program I13=59 ) as well as Federal statutes,
regulations, policies, guidelines and requirements and Florida laws and regulations
including but not limited to:
• Florida Administrative Code, Chapter 11D -9, "Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program ": www.firuies.org/
Office of Management and Budget (OMB) Circulars: www.whitehouse.gov /omb /circulars
• A -21 (2 CFR 220), "Cost Principles for Educational Institutions"
• A -87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments"
• A -102, "Grants and Cooperative Agreements with State and Local Governments"
• A -110 (2 CFR 215), "Uniform Administrative Requirements for Grants and
Cooperative Agreements"
• A -122 (2 CFR 230), "Cost Principles for Non - Profit Organizations"
• A -133, "Audits of States, Local Governments, and Non - Profit Organizations"
Code of Federal Regulations: www.gpo.gov /fdsys/
o 2 CFR 175.15(b), "Award Term for Trafficking in Persons"
o 28 CFR 38, "Equal Treatment for Faith -Based Organizations"
0 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local
Governments" (Common Rule)
o 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)"
o 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63
• Public Law 109 -162, Title XI— Department of Justice Reauthorization, Subtitle B— Improving
the Department of Justice's Grant Programs, Chapter 1— Assisting Law Enforcement and
Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law
Enforcement Block Grant Program: www.bia.gov /ProgramDetails.aspx ?Program ID =59
• United States Code: www.qpo.gov /fdsys/
0 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
• State of Florida General Records Schedule GS1 -SL for State and Local Government
Agencies: dlis. dos. state. fl. us /barm /genschedules /GS1- SL.pdf
2. Requirements for Contractors of Subgrant Recipients
The subgrant recipient assures 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 (42 U.S.C. 3711
et seq. at www,gpo.gov /fdsys / ); the provisions of the current edition of the Office of Justice
Programs Financial Guide ( www.ojp.usdoi.gov /financialquide /index htm ); and all other applicable
State and Federal laws, orders, circulars, or regulations.
SFY 2013 Page 1
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
3. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles and standards for selected cost items set forth in the Office of Justice Programs
Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments
and federal OMB Circular A -87, "Cost Principles for State, Local and Indian Tribal
Governments," or OMB Circular A -21, "Cost Principles for Educational Institutions."
b. All procedures employed in the use of federal funds for any procurement shall be according
to U.S. Department of Justice Common Rule for State and Local Governments, or OMB
Circular A -110, or OMB Circular A -102, and Florida law to be eligible for reimbursement.
4. Reports
a. Project Performance Reports
(1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, within fifteen (15) days after the end of the reporting period. In addition,
if the subgrant award period is extended beyond the "original' project period, additional
Quarterly Project Performance Reports shall be submitted.
Failure to submit Quarterly Performance Reports that are complete, accurate, and timely
may result in sanctions, as specified in item 18, 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. Additional information may be required if necessary to
comply with federal reporting requirements.
(3) Submission: Performance Reports may be submitted by.the Project Director, Application
Manager, or Performance Contacts.
b. Financial Reports
(1) Project Expenditure Reports
(a) The subgrant recipient shall have a choice of submitting either a Monthly or a
Quarterly Project Expenditure Report to the Department. Project Expenditure
Reports are due thirty (30) days after the end of the reporting period. In addition, if
the subgrant award period is extended, additional Project Expenditure Reports shall
be submitted. Project Expenditure Reports for grants made under the Recovery Act
must be submitted monthly. See the Recovery Act Conditions for additional
information.
(b) All project expenditures for reimbursement of subgrant recipient costs shall be
submitted on the Project Expenditure Report Forms prescribed and provided by the
Office of Criminal Justice Grants (OCJG) through the Subgrant Information
Management ON -line (SIMON) system.
(c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre -
audit and post- audit.
(d) Before the "final' Project Expenditure Report will be processed, the subgrant
recipient must submit to the Department all outstanding project reports and must
SFY 2013 Page 2
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
have satisfied all special conditions. Failure to comply with the above provisions
shall result in forfeiture of reimbursement.
(e) Reports are to be submitted even when no reimbursement is being requested.
(f) The report must be electronically signed by the subgrant recipient or implementing
agency's chief financial officer or the chief financial officer's designee.
(2) Financial Closeout Audit
(a) The Financial Closeout Audit shall be submitted to the Department within forty-five
(45) days of the subgrant termination date.
(b) The Financial Closeout Audit must be electronically signed by the subgrant recipient
or implementing agency's chief financial officer or the chief financial officer's
designee.
(3) Project Generated Income (PGI)
(a) If applicable, the subgrant recipient shall submit Quarterly PGI Earnings and
Expenditures Reports to the Department within thirty (30) 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 submitting quarterly PGI reports until all funds are
expended. (See Item 11, Program Income.)
(b) PGI Earnings and Expenditures reports must be electronically signed by the subgrant
recipient or implementing agency's chief financial officer or the chief financial officer's
designee.
c. Other Reports
The subgrant recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
5. Fiscal Control and Fund Accounting Procedures
a. All expenditures and cost accounting of funds shall conform to the Office of Justice
Programs Financial Guide, the Common Rule, and OMB Circulars A -21, A -87, and A -110,
or A -102 as applicable, in their entirety.
The subgrant recipient is required to establish and maintain adequate accounting systems
and financial records and to accurately account for funds awarded to them. As a subgrant
recipient, you must have a financial management system in place that is able to record and
report on the receipt, obligation, and expenditure of grant funds. An adequate accounting
system for a subgrant recipient must be able to accommodate a fund and account structure
to separately track receipts, expenditures, assets, and liabilities for awards, programs, and
subgrant recipients.
c. All funds spent on this project shall be disbursed according to provisions of the project
budget as approved by the Department.
d. All funds not spent according to this agreement shall be subject to repayment by the
subgrant recipient.
SFY 2013 Page 3
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
6. 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.
7. 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. All payments must be completed within thirty (30) days of the end of
the subgrant period.
8. Advance Funding
Advance funding may be provided to a subgrant recipient upon a written request to the
Department. The request must be electronically signed by the subgrant recipient or implementing
agency's chief financial officer or the chief financial officer's designee.
9. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds.
The trust fund may or 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 federal grant period end date. Any unexpended interest
remaining at the end of the federal grant period must be submitted to the Office of Criminal
Justice Grants for transmittal to the Bureau of Justice Assistance.
10. Travel and Training
The cost of all travel shall be reimbursed according to the subgrant recipient's written travel
policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be
reimbursed according to § 112.061, Fla. Stat.
11. 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. PGI Earnings and Expenditures reports
must be electronically signed by the subgrant recipient or implementing agency's chief
financial officer or the chief financial officer's designee.
PGI expenditures require prior written approval from the Office of Criminal Justice Grants.
Program income must be used for the purposes of and under the conditions applicable to
the award. If the cost is allowable under the Federal grant program, then the cost would be
allowable using program income. PGI budget requests must be signed by the subgrant
recipient or implementing agency's chief financial officer or the chief financial officer's
designee.
d. Program income should be used as earned and expended as soon as possible. Any
unexpended PGI remaining at the end of the Federal grant period must be submitted to the
Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance.
SFY 2013 Page 4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
12. 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. A detailed justification must be submitted to and approved by FDLE prior
to obligation or expenditures of such funds. 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.
13. Property Accountability
a. The subgrant recipient agrees to use all non - expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat.
b. The subgrant recipient shall establish and administer a system to protect, preserve, use,
maintain and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement according to federal property management standards set forth in
the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for
State and Local Governments or the federal OMB Circular A -110 or A -102, as applicable.
This obligation continues as long as the subgrant recipient retains the property,
notwithstanding expiration of this agreement.
14. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed by the terms of the Office of Justice Programs
Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and
Local Governments, or the federal OMB Circular A -110 or A -102, as applicable.
15. Copyright
The awarding agency reserves a royalty -free non - exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
16. 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 Grant No. [contact the Office of Criminal Justice Grants for award
number] awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a
component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics,
the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the
Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring,
Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of
the author and do not necessarily represent the official position or policies of the U.S. Department
of Justice."
SFY 2013 Page 5
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
17. Audit
a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program- specific audit conducted for that year. The audit shall be performed in
accordance with the federal OMB Circular A -133 and other applicable federal law. The
contract for this agreement shall be identified in the Schedule of Federal Financial Assistance
in the subject audit. The contract shall be identified as federal funds passed through the
Florida Department of Law Enforcement and include the contract number, CFDA number,
award amount, contract period, funds received and disbursed. When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of
§ 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules. "; § 215.97, Fla. Stat.,
"Florida Single Audit Act "; and Rules of the Auditor General, Chapter 10.550, "Local
Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit
and For - Profit Organizations."
A complete audit report that covers any portion of the effective dates of this agreement must
be submitted within 30 days after its completion, but no later than nine (9) months after the
audit period. In order to be complete, the submitted report shall include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is issued, unless extended in writing by the Department.
Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of OMB Circular A -133 for that fiscal year. In this
case, written notification, which can be in the form of the "Certification of Audit Exemption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt. This notice shall be provided to the Department no later than
March 1 following the end of the fiscal year.
g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or written notification of audit exemption should be sent to the
following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
18. 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
SFY 2013 Page 6
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
19. Commencement of Project
a. If a project is not operational within 60 days of the original start date of the award period, the
subgrant recipient must report by letter to the Department the steps taken to initiate the
project, the reasons for delay, and the expected start date.
b. If a project is not operational within 90 days of the original start date of the award period, the
subgrant recipient 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.
20. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
reason of any failure in performance of this agreement according to its terms (including any
failure by the subgrant recipient to make progress in the execution of work hereunder which
endangers such performance) if such failure arises out of causes beyond the control and
without the fault or negligence of the subgrant recipient. Such causes include, but are not
limited to, acts of God or of the public enemy, acts of the government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly.
21. Written Approval of Changes in this Approved Agreement (Grant Adjustments)
a. Subgrant recipients must obtain prior approval from the Department for major substantive
changes such as changes in project activities, target populations, service providers,
implementation schedules, project director, and designs or research plans set forth in the
approved agreement and for any budget changes that will transfer more than 10% of the total
budget between budget categories.
SFY 2013 Page 7
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
b. Subgrant recipients may transfer up to 10% of the total budget between current, approved
budget categories without prior approval as long as the funds are transferred to an existing
line item
c. Under no circumstances can transfers of funds increase the total budgeted award.
d. Requests for changes to the subgrant agreement must be electronically signed by the
subgrant recipient or implementing agency's chief official or the chief official's designee.
e. Any certifications required for the requested changes, such as Sole Source, ADP
Justification, Privacy Certification forms, and Confidential Funds certifications, must be
signed by the subgrant recipient or implementing agency chief official or someone with
formal, written signature authority for the chief official.
22. 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 § 120, Fla. Stat.,
and in procedures set forth in Rule 28- 106.104, Florida Administrative Code. Failure to
appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat.
23. 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.
24. Access to Records
a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S.
Department of Justice, the U.S. Comptroller General or any of their duly authorized
representatives, shall have access to books, documents, papers and records of the subgrant
recipient, implementing agency and contractors for the purpose of audit and examination
according to the Financial Guide and the Common Rule.
b. The Department reserves the right to unilaterally terminate this ,agreement if the subgrant
recipient, implementing agency, or contractor refuses to allow public access to all documents,
papers, letters, or other materials subject to provisions of § 119, Fla. Stat., and 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.
25. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of five (5) years from
the date of the final financial statement and be available for audit and public disclosure upon request
of duly authorized persons. The subgrant recipient shall comply with State of Florida General
Records Schedule GS1 -SL for State and Local Government Agencies:
dlis. dos. state. fl. us /barm /genschedules /GS1- SL.pdf
SFY 2013 Page 8
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
26. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Officials for the
Subgrant recipient or Implementing Agency, project staff must notify the help desk for FDLE's
online grants management system, SIMON ( Subgrant Information Management Online) so that
the organization can be updated in SIMON. If the project director changes, a-grant adjustment
must be entered in SIMON to reflect the change.
27. 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 § 435, Fla. Stat. shall
apply.
a. All positions in programs providing care to children, the developmentally disabled, or
vulnerable adults for 15 hours or more per week; all permanent and temporary employee
positions of the central abuse hotline; and all persons working under contract who have
access to abuse records are deemed to be persons and positions of special trust or
responsibility and require employment screening pursuant to § 435, Fla. Stat., using the level
2 standards set forth in that chapter.
b. All employees in positions designated by law as positions of trust or responsibility shall be
required to undergo security background investigations as a condition of employment and
continued employment. For the purposes of the subsection, security background
investigations shall include, but not be limited to, employment history checks, fingerprinting
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.
28. Drug Court Projects
A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court
Programs."
29. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
SFY 2013 Page 9
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
30. Criminal Intelligence System
The subgrant recipient agrees that any information technology system funded or supported by the
Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence
Systems Operating Policies, if the Office of Justice Programs determines this regulation to be
applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable,
the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28
C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the subgrant recipient may be
fined as per 42 U.S.C. 3789g(c) -(d). The subgrant recipient may not satisfy such a fine with
federal funds.
31. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of the Office of Justice Programs Financial Guide is required from all projects that
are involved with confidential funds. The signed certification must be submitted at the time of
grant application.
32. Civil Rights Compliance
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, implementing agencies, and contractors must comply with any applicable
statutorily- imposed nondiscrimination requirements, which may include the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42
U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C.
§ 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973
(29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 -34); the
Education Amendments of 1972 (20 U.S.C. § §1681, 1683, 1685 -86); the Age Discrimination
Act of 1975 (42 U.S.C. §§ 6101 -07); and Department of Justice Non - Discrimination
Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith -
based and community organizations).
b. FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability,
or age in the delivery of services or benefits or in employment.
c. Subgrant recipients are responsible for ensuring that contractors, vendors, and agencies to
whom they pass- through funds are in compliance with all Civil Rights requirements and that
the contractors, vendors, and agencies are aware that they may file a discrimination
complaint with the subgrant recipient, with FDLE, or with the Office for Civil Rights and how to
do so.
d. Equal Employment Opportunity Plans
(1) A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or
more employees and it has received any single award of $25,000 or more from the
Department of Justice. The plan must be prepared using the on -line short form at
www.o'p.usdoi.gov /about/ocr /eeop comply.htm must be retained by the subgrant
recipient or implementing agency, and must be available for review or audit. The
organization must also submit an EEO Certification to FDLE.
(2) If the subgrant recipient or implementing agency is required to prepare an EEO Plan and
has received any single award of $500,000 or more from the Department of Justice, it
must submit its plan to the Department of Justice for approval. A copy of the Department
of Justice approval letter must be submitted to FDLE. The approval letter expires two
years from the date of the letter.
SFY 2013 Page 10
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
(3) A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if
it is has fewer than 50 employees or if it does not receive any single award of $25,000 or
more from the Department of Justice or if it is a nonprofit organization, a medical or
educational institution, or an Indian Tribe. If an organization is exempt from the EEO
Plan requirement, it must submit an EEO Certification to FDLE.
(4) 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.
e. In the event a Federal or State court or Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
of the finding to FDLE and to the Office for Civil Rights, Office of Justice Programs.
f. In accordance with federal civil rights laws, the subgrant recipient shall not retaliate against
individuals for taking action or participating in action to secure rights protected by these laws.
g. Subgrant recipients must include comprehensive Civil Rights /Nondiscrimination Provisions in
all contracts funded by the subgrant recipient.
If the subgrant recipient or any of its employees, contractors, vendors, or program
beneficiaries has a discrimination complaint, they may file a complaint with the subgrant
recipient, with FDLE or with the Office for Civil Rights. Discrimination complaints may be
submitted to FDLE at Office of the Inspector General, P.O. Box 1489, Tallahassee, Florida
32302 -1489 or on -line at www.fdle.state.fl.us /contacts /comment form.html Discrimination
complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7` Street, NW, Washington, DC 20531, by phone at
(202)307 -0690.
The subgrant recipient must have procedures in place for responding to discrimination
complaints that employees and clients, customers, and program participants file directly with
the subgrant recipient.
j. Any discrimination complaints file with FDLE will be reviewed by FDLE's Inspector General
and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the
Equal Employment Opportunity Commission, based on the nature of the complaint.
k. Americans with Disabilities Act
Subgrant recipients must comply with the requirements of the Americans with Disabilities Act
(ADA), Public Law 101 -336, which prohibits discrimination by public and private entities on
the basis of disability and requires certain accommodations be made with regard to
employment (Title 1), state and local government services and transportation (Title II), public
accommodations (Title III), and telecommunications (Title IV).
Limited English Proficiency (LEP)
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights
Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take
reasonable steps to provide meaningful access to their programs and activities for persons
with LEP. For more information on the civil rights responsibilities that recipients have in
providing language services to LEP individuals, please see the website at www.lep.gov
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
m. Equal Treatment for Faith Based Organizations
The subgrant recipient 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 programs directly funded by the Department of Justice are not
permitted to discriminate in the provision of services on the basis of a beneficiary's religion.
Notwithstanding any other special condition of this award, faith -based organizations may, in
some circumstances, consider religion as a basis for employment. See
www.oip.gov /about/ocr /equal fbo.htm
33. 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.
34. National Environmental Policy Act (NEPA)
a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National
Historic Preservation Act, and other related federal environmental impact analyses
requirements in the use of subgrant funds by the subgrant recipient. This applies to the
following new activities whether or not they are being specifically funded with these subgrant
funds. That is, it applies as long as the activity is being conducted by the subgrant recipient
or any third party and the activity needs to be undertaken in order to use these subgrant
funds,
(1) New construction;
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on
the National Register of Historic Places or (b) located within a 100 -year flood plain;
(3) A renovation, lease, or any other proposed use of a building or facility that will either (a)
result in a change in its basic prior use or (b) significantly change its size; and
(4) Implementation of a new program involving the use of chemicals other than chemicals
that are (a) purchased as an incidental component of a funded activity and (b)
traditionally used, for example, in office, household, recreational, or educational
environments.
(5) Implementation of a program relating to clandestine methamphetamine laboratory
operations, including the identification, seizure, or closure of clandestine
methamphetamine laboratories.
b. The subgrant recipient understands and agrees that complying with NEPA may require the
preparation of an Environmental Assessment and /or an Environmental Impact Statement, as
directed by the Bureau of Justice Assistance. The subgrant recipient further understands and
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
agrees to the requirements for implementation of a Mitigation Plan, as detailed by the
Department of Justice at www.b*a.gov /Funding /nepa.html , for programs relating to
methamphetamine laboratory operations.
c. For any of a subgrant recipient's existing programs or activities that will be funded by these
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with the Department of Justice in any preparation
by Department of Justice of a national or program environmental assessment of that funded
program or activity.
35. Non - Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And
Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall
not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless
authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and
implementing agency certify that they and their principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department or agency;
b. Have not within a three -year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
d. Have not within a three -year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
36. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more.
b. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person
who fails to file the required certification is subject to a civil penalty of not less than $10,000
and not more than $100,000 for each failure to file.
c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a
grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant
certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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 subgrant recipients
shall certify and disclose accordingly.
37. State Restrictions on Lobbying
In addition to the provisions contained in Item 36, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
38. Additional Restrictions on Lobbying
The subgrant recipient understands and agrees that it cannot use any federal funds, either
directly or indirectly, in support of the enactment, repeal, modification or adoption of any law,
regulation or policy, at any level of government, without the express prior written approval of the
Office of Justice Programs. .
39. "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.
40. Mitigation of Health, Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
If an award is rT ode to support methamphetamine laboratory operations the subgrant + ecipient
must comply with this condition, which provides for individual site environmental
assessment/impact statements as required under the National Environmental Policy Act.
a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and
local environmental, health and safety laws and regulations applicable to the investigation
and closure of clandestine methamphetamine laboratories and the removal and disposal of
the chemicals, equipment, and wastes used in or resulting from the operation of these
laboratories.
b. Specific Requirements: The subgrant recipient understands and agrees that any program or
initiative involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste from a seized laboratory's operations are placed or come to rest.
SFY 2013 Page 14
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible
adverse health, safety and environmental impacts from any of clandestine
methamphetamine operations funded under this award, it will (1) include the nine, below
listed protective measures or components; (2) provide for their adequate funding to include
funding, as necessary, beyond that provided by this award; and (3) implement these
protective measures directly throughout the life of the subgrant. In so doing, the subgrant
recipient understands that it may implement these protective measures directly through the
use of its own resources and staff or may secure the qualified services of other agencies,
contractor or other qualified third party.
(1) Provide medical screening of personnel assigned or to be assigned by the subgrant
recipient to the seizure or closure if of clandestine methamphetamine laboratories;
(2) Provide Occupational Safety and Health Administration (OSHA) required initial and
refresher training for law enforcement officials and other personnel assigned by the
subgrant recipient to either the seizure or closure of clandestine methamphetamine
laboratories;
(3) As determined by their specific duties, equip personnel assigned to the project with
OSHA required protective wear and other required safety equipment;
(4) Assign properly trained personnel to prepare a comprehensive contamination report on
each closed laboratory;
(5) Employ qualified disposal contractors to remove all chemicals and associated
glassware, equipment, and contaminated materials and wastes from the site(s) of each
seized clandestine laboratory;
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, properly licensed recycling facilities;
(7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6
immediately above in order to ensure proper compliance;
(8) Have in place and implement an inter - agency agreement or other form of commitment
with a responsible State environmental agency that provides for that agency's (i) timely
evaluation of the environmental conditions at and around the site of a closed clandestine
laboratory and (ii) coordination with the responsible party, property owner, or others to
ensure that any residual contamination is remediated, if necessary, and in accordance
with existing State and Federal requirements; and
(9) Have in place and implement a written agreement with the responsible state or local
service agencies to properly respond to any minor, as defined by state law, at the site.
This agreement must ensure immediate response by qualified personnel who can (i)
respond to the potential health needs of any minor at the site; (ii) take that minor into
protective custody unless the minor is criminally involved in the meth lab activities or is
subject to arrest for other criminal violations; (iii) ensure immediate medical testing for
methamphetamine toxicity; and (iv) arrange for any follow -up medical tests,
examinations, or health care made necessary as a result of methamphetamine toxicity.
41. The Coastal Barrier Resources Act
The subgrant recipient will comply and assure the compliance of all contractors with the
provisions of the Coastal Barrier Resources Act (P.L. 97 -348) dated October 19, 1982 (16 USC
3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the
Coastal Barrier Resources System.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
42. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
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.
Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
43. Environmental Protection Agency's (EPA) list of Violating Facilities
The subgrant recipient assures that the facilities under its ownership, lease or supervision which
shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of
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.
44. Flood Disaster Protection Act
The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of
1973, Public Law 93 -234, 87 Stat. 975, requiring that the purchase of flood insurance in
communities where such insurance is available as a condition of the receipt of any federal
financial assistance for construction or acquisition purposes for use in any area that has been
identified as an area having special flood hazards.
45. National Historic Preservation Act
It will assist the Department (if necessary) in assuring compliance with section 106 of the National
Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and
protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16
U.S.C. § 469 a -1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
46. Human Research Subjects
Subgrant recipient 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.
47. Global Standards Package
In order to promote information sharing and enable interoperability among disparate systems
across the justice and public safety community, OJP requires the grantee to comply with DOJ's
Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for
this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all
constituent elements, where applicable, as described at: www.it.o grantcondition
Grantee shall document planned approaches to information sharing and describe compliance to
the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
48. Reporting, Data Collection and Evaluation
The subgrant recipient agrees to comply with all reporting, data collection and evaluation
requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the
Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by FDLE.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
49. Privacy Certification
The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section
3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or
information. Subgrant recipient 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.
50. 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 subgrant 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
www.it.o*p.gov/default.aspx?area=policyAndPractice&page=1 046
51. Interstate Connectivity
To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of
Justice Assistance for law enforcement information sharing systems which involve interstate
connectivity between jurisdictions, such systems shall employ, to the extent possible, existing
networks as the communication backbone to achieve interstate connectivity, unless the subgrant
recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this
requirement would not be cost effective or would impair the functionality of an existing or
proposed IT system.
52. Supplanting
The subgrant recipient agrees that funds received under this award will not be used to supplant
State or local funds, but will be used to increase the amounts of such funds that would, in the
absence of Federal funds, be made available for law enforcement activities.
53. 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.
54. Uniform Relocation Assistance and Real Property Acquisitions Act
The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance
and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the
treatment of persons displaced as a result of federal and federally- assisted programs.
55. Limitations on Government Employees Financed by Federal Assistance
The subgrant recipient will comply with requirements of 5 U.S.C. §§ 1501 -08 and §§ 7324 -28,
which limit certain political activities of State or local government employees whose principal
employment is in connection with an activity financed in whole or in part by federal assistance.
56. Certification for Employees Working Solely on a Single Federal Award
Any project staff that are fully or partially funded by the grant and that are expected to work solely
on the grant must certify that they worked solely on the grant. The certification must be prepared
at least semi annually and must be signed by the employee and by a supervisory official having
first hand knowledge of the work performed by the employee.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
57. Additional Documentation of Personnel for Department of Financial Services
In accordance with Section 215.971, Florida Statutes, the Florida Department of Financial
Services may require documentation validation that personnel services were performed on
project related activities in accordance with the contract agreement.
58. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct
The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office
of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor,
subcontractor, or other person has either 1) submitted a false claim for grant funds under the
False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of
interest, bribery, gratuity, or similar misconduct involving grant funds
59. Task Force Training Requirement
The subgrant recipient agrees that within 120 days of award, each member of a law enforcement
task force funded with these funds who is a task force commander, agency executive, task force
officer, or other task force member of equivalent rank, will complete required online (internet-
based) task force training. The training is provided free of charge online through BJA's Center for
Task Force Integrity and Leadership ( www.ctfli.orQ ). All current and new task force members are
required to complete this training once during the life of the award, or once every four years if
multiple awards include this requirement. This training addresses task force effectiveness as well
as other key issues including privacy and civil liberties /rights, task force performance
measurement, personnel selection, and task force oversight and accountability. Additional
information is available regarding this required training and access methods via BJA's web site
and the Center for Task Force Integrity and Leadership ( www.ctfli.org ).
60. Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable
Subgrant recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of any contract or subaward to either the Association of Community
Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written
approval of OJP.
61. High Risk Subgrant Recipients
The subgrant recipient agrees to comply with any additional requirements that may be imposed
during the grant performance period if the U.S. Department of Justice determines that the
subgrant recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70.
62. Text Messaging While Driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While
Driving," 74 Fed. Reg. 51225 (October 1, 2009), the subgrant recipient is encouraged to adopt
and enforce policies banning employees from text messaging while driving any vehicle during the
course of performing work funded by this subgrant and to establish workplace safety policies and
conduct education, awareness, and other outreach to decrease crashes caused by distracted
drivers.
63. Central Contractor Registry (CCR)
The subgrant recipient must maintain the currency of its information in the CCR until it submits
the final financial report required under this award or receives the final payment, whichever is
later. This requires that the subgrant recipient review and update the information at least annually
after the initial registration, and more frequently if required by changes in its information or
another award term.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
64. Maximum Allowable Salary
No portion of these federal grant funds shall be used towards any part of the annual cash
compensation of any employee of the subgrant recipient whose total annual cash compensation
exceeds 110% of the maximum salary payable to a member of the Federal government's Senior
Executive Service at an agency with a Certified SES Performance Appraisal System for that year.
(The salary table for SES employees is available at http://www.opm.gov/oca/payrates/index.asp
A subgrant recipient may compensate an employee at a higher rate, provided the amount in
excess of this compensation limitation is paid with non - federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual
basis at the discretion of the OJP official indicated in the program announcement under which this
award is made.
65. DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database
If JAG program funds will be used for DNA testing of evidentiary materials, any resulting eligible
DNA profiles must be uploaded to the Combined DNA Index System (CODIS), by a government
DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any
other non - governmental DNA database without prior express written approval from BJA. For
more information, refer to the NIJ FY 2012 DNA Backlog Reduction Program, available at
nc*rs.gov/pdffilesl/nia/sIO00989.pd .
66. Interoperable Communications Guidance
Subgrant recipients that are using funds to support emergency communications activities must
comply with the current SAFECOM Guidance for Emergency Communication Grants, including
provisions on technical standards that ensure and enhance interoperable communications.
Emergency communications activities include the purchase of Interoperable Communications
Equipment and technologies such as voice - over - internet protocol bridging or gateway devices, or
equipment to support the build out of wireless broadband networks in the 700 MHz public safety
band under the Federal Communications Commission (FCC) Waiver Order. SAFECOM guidance
can be found at www.safecomprogram.gov/ library /lists /library /DispForm.aspx ?ID =334
Subgrant recipients Grantees interested in developing a public safety broadband network in the
700 MHz band in their jurisdictions must adhere to the technical standards set forth in the FCC
Waiver Order, or any succeeding FCC orders, rules, or regulations pertaining to broadband
operations in the 700 MHz public safety band. The subgrant recipient shall also ensure projects
support the Statewide Communication Interoperability Plan (SCIP) and are fully coordinated with
the full -time Statewide Interoperability Coordinator (SWIC). If any future regulatory requirement
(from the FCC or other governmental entity) results in a material technical or financial change in
the project, the recipient should submit associated documentation, and other material, as
applicable, for review by the SWIC to ensure coordination. Subgrant recipients must provide a
listing of all communications equipment purchased with grant award funding (plus the quantity
purchased of each item) to FDLE once items are procured during any periodic programmatic
progress reports.
67. Bulletproof Vests
Subgrant recipients that wish to purchase vests with JAG funds must certify that law
enforcement agencies receiving vests have a written "mandatory wear" policy in effect. This
policy must be in place for at least all uniformed officers before funding can be used by the
agency for vests. There are no requirements regarding the nature of the policy other than it being
a mandatory wear policy for all uniformed officers while on duty. FAQs related to the mandatory
wear policy and certifications can be found at www.bia.gov /Funding /JAGFAQ.pdf
JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the
50% match for purposes of the Bulletproof Vest Partnership (BVP) program.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
Bulletproof vests purchased with JAG funds may be purchased at any threat level, make, or
model from any distributor or manufacturer, as long as the vests have been tested and found to
comply with applicable National Institute of Justice ballistic or stab standards. In addition,
bulletproof vests purchased must be American -made. The latest NIJ standard information can be
found at: www.nio.gov/ topics /technology/ body- armor /safety- initiative.htm
68. BJA or FDLE Sponsored Events
The subgrant recipient agrees to participate in BJA- or FDLE- sponsored training events, technical
assistance events, or conference held by FDLE or BJA or their designees, upon FDLE's or BJA's
request.
69. Expenses Related to Conferences, Meetings, Trainings, and Other Events
The subgrant recipient agrees to comply with all applicable laws, regulations, policies, and
guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences, meetings,
trainings, and other events, including the provision of food and /or beverages at such events, and
costs of attendance at such events. Information on pertinent laws, regulations, policies, and
guidance is available at www.o*p.gov /funding /confcost.htm
SFY 2013 Page 20
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form, Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non - procurement) and
Government -wide Requirements for Drug -Free Workplace (Grants) ". The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement,
(b) Have not within a three -year period preceding this application
1. LOBBYING
been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28
obtaining, attempting to obtain, or performing a public (Federal, State,
CFR Part 69, for persons entering into a grant or cooperative agreement over
or local) transaction or contract under a public transaction; violation of
$ 100,000, as defined at 28 CFR Part 69, the applicant certifies that:
Federal or State antitrust statutes or commission of embezzlement,
theft forgery, bribery, falsification or destruction of records, making
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
false statements, or receiving stolen property;
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
(c) Are not presently indicted for or otherwise criminally or civilly
of Congress, or an employee of a Member of Congress in connection with the
charged by a governmental entity (Federal, State, or local) with
making of any federal grant, the entering into of any cooperative agreement, and
commission of any of the offenses enumerated in paragraph (1) (b) of
the extension, continuation, renewal, amendment, or modification of any federal
this certification, and
grant or cooperative agreement;
(d) Have not within athree -year period preceding this application
(b) If any funds other than federal appropriated funds have been paid or will be
had one or more public transactions (Federal, State, or local)
paid to any person influencing or attempting to influence an officer or employee of
terminated for cause or default; and
any agency, a member of Congress, an officer or an employee of Congress, or an
employee of a member of Congress in connection with this federal grant or
13. Where the applicant is unable to certify to any of the statements in
cooperative agreement, the undersigned shall complete and submit Standard
this certification, he or she shall attach an explanation to this
Form - LLL, "Disclosure of Lobbying Activities', in accordance with its instructions;
application.
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subgrants,
3. DRUG -FREE WORKPLACE
contracts under grants and cooperative agreements, and subcontracts) and that all
(GRANTEES OTHER THAN INDIVIDUALS)
subrecipients shall certify and disclose accordingly.
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
2. DEBARMENT, SUSPENSION, AND OTHER
at 28 CFR Part 67 Sections 67.615 and 67.620 -
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
A. The applicant certifies that it will or will continue to provide a drug -
free workplace by:
As required by Executive Order 12549, Debarment and Suspension, and
implemented at 2e CFR Part 67, `or prospective participants in primary covered
(a) Publishing a statement notifying employees that the unlawful
transactions, as derr,.rd at 28 U7R Part 67, Section 67.510 -
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
A. The applicant certifies that it and its principals:
specifying the actions that will be taken against employees for
violation of such prohibition,
(a) Are not presently debarred, suspended, proposed for debarment, declared
, neligible, sentenced to a denial of federal benefits by a State or Federal court. or
(b) Establishing an on -going drug -free awareness program to inform
voluntarily excluded from covered transactions by any federal department or
employees about -
agency,
(1) The dangers of drug abuse in the workplace,
(2) The grantee's policy of maintaining a drug -free workplace:
(3) Any available drug counseling, rehabilitation, and employee
assistance programs. and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
FDLE JAG Grant Application Packa Lobb ying, Debarment, Suspension, and Drug -Free Workplace Certification
Page 1
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
(c) Making it a requirement that each employee to be engaged in the performance
of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
Check here _ If there are workplaces on file that are not identified
criminal drug statute occurring in the workplace no later than five calendar days
here.
after the conviction;
Section 67.630 of the regulations provides that a grantee that is a
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice
State may elect to make one certification in each Federal fiscal year.
under subparagraph (d) (2) from an employee or otherwise receiving actual notice
A copy of which should be included with each application for
of such conviction. Employers of convicted employees must provide notice
Department of Justice funding. States and State agencies may elect
including position title, to: Department of Justice, Office of Justice Programs,
to use OJP Form 4061/7.
ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice
shall include the identification number(s) of each affected grant;
Check here _ If the State has elected to complete OJP Form
4061 U.
(f) Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted -
(1) Taking appropriate personnel action against such an employee, up to and
DRUG -FREE WORKPLACE
including termination, consistent with the requirements of the Rehabilitation Act of
(GRANTEES WHO ARE INDIVIDUALS)
1973, as amended; or
As required by the Drug -Free Workplace Act of 1968, and
(2) Requiring such employee to participate satisfactorily in a drug abuse
implemented at 28 CFR Part 67, Subpart F. for grantees, as defined
assistance or rehabilitation program approved for such purposes by a Federal,
at 28 CFR Part 67; Sections 67.615 and 67.620 -
State, or local health, law enforcement, or other appropriate agency;
A. As a condition of the grant, I certify that I will not engage in the
(g) Making a good faith effort to continue to maintain a drug -free workplace
unlawful manufacture, distribution, dispensing, possession, or use of
through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
a controlled substance in conducting any activity with the grant; and
B. The grantee may insert in the space provided below the site(s) for the
B. If convicted of a criminal drug offense resulting from a violation
performance of work done in connection with the specific grant:
occurring during the conduct of any grant activity, 1 will report the
conviction, in writing, within 10 calendar days of the conviction, to:
Place of Performance (Street address, city, county, state, zip code)
Department of Justice, Office of Justice Programs, ATTN: Control
Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
1. Grantee Name and Address: Y : 1 f 1.(
2. Project Name: L
�'•LIY
3. Typed Name and Title of Authorized Representative
4. Signature: _
5. Date:
FDLE JAG Grant Application Package Lobbying Debarment, Suspension, and Drug -Free Workplace Certification
Page 2
CERTIFICATION FORM
Recipient Name and Address: 160V C(, �(it.tIt -t �1 I IOC! ( 5 01 0)0 nr'i t W (�t �" L : � ) G r { 0
Grant Title: �`tV1���i e CCt VE Ct' ifi f JJ � � ra . ,.Ix' 'Ai C AiardAmount: �Q
Contact Person Name and Title: (I_s `�_ 1_C hY sGti, i"u Lt_i
lt l < } l �, . Phone Number: (sK ) , 1 � - � / t j 41y
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OR for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301 -.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7`" Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TTY (202) 307 -2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that
appJv.
• Recipient has less than 50 employees, ❑ Recipient is an Indian tribe,
• Recipient is a non - profit organization, ❑ Recipient is an educational institution, or
• Recipient is a medical institution, O Recipient is receiving an award less than $25,000
I, [responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §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.
Print or type Name and Title
Signature
Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000.
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305):
I, K{;ltil�. l (�Q Si ',t , pt l t f ti i }11 r 1!, [ 1 4 1 C" [responsible official], certify that
the M(A Gl (Kf Ll lQCC [recipientl,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 §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: ( L t t I r� 1} 1 I, t F C ( %�I l i' f t [organization],
at 1 I X, � 'I n'6 ► 11 i s "j �e �j h, i s F k l 1 <',G D (addressl,for review by the public and
employees or for review or audit by dfficials of the relevant state planninglency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of Justice, as required by rele�v ffawya egul ti s.
- -�< [ [_l l ti ► ti i I yl } - t�ll l - tI f} 1 Il I I t I'. l �t fC't -- - - - -- _
Print or type Vame and Title J ` — Signatu Date
O%YiB Approval No. 1121-0140 Fxmrwon Daw: 12/31,12
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.
S fr Statd�IG>t< Idrll4 3 t
tpartnrient otk aVte Eritl�wn
Olf: 4 G"r(ntinaJl�sda� QrNtll
Signature.
H
'��Ylon H. `�fildar, +C unq program itti;ttrat(A
Typed Name and Title:
Date: 1/- 13- I Z
SU , grainit.Recfphlrtt
Auttior[AhIt 116t eavenul" W f U
(Camnli(sslatl Giliitiemaok iihtrytq rrNtbd ReRt+ael!!� -tatlw Iw
Typed Name of Subgrant Recipient: (v1" } 1' r Gt,;l,,rl
Signature:
Typed Name and Title: t�,Li Au l iklhi `sl i, �t
Date:
t iinplamenting;Ageney _
OHtc1104 Admtnhlttator or DestgnAltad L!�eptrltentatty�
Typed Name of Implementing Agency:
Signature:
Typed Name and Title: IZG�" 1 Ct ► ({ C,�} E5i v1 {�4 �� r tti t j } 1 I �, ,} l c; f C
Date: , �) I '� LC JD l
MONROE COUNTY ATTORNEY
1 PPRO ED AS TO FORM:
CHRISTINE M. LIMB ERT-BARROWS
ASSISTAP ,T C TY ATTORNEY
Date
Application Ref # 2013 -JAGC -2094
Contract - JAGC -MONR- - -
Section #6 Page 1 of 1
Rule Reference 110-9 006 OCJG -005 (rev April 2005)