FY2012 Correcting Error 05/16/2012 DANNYL. KOLHAGE
CLERK 6F THE CIRCUIT COURT
DATE: June 22, 2012
TO: Lisa Tennyson
Grants Management
FROM: Pamela G. Hancoekt.C.
At the May 16, 2012, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item C34 Edward Byrne Memorial Justice Assistance
Grant Program Funds Agreement with Guidance Care Center for the Guidance Care Center Jail
In-House program, for the period from October 1, 2011 through September 30, 2012, due to
scrivener's error.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions, please feel free to contact my office.
cc: County Attorney
Finance
File/
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS
AGREEMENT
THIS AGREEMENT is made and entered into this 16th day of November, 2011,
by and between MONROE COUNTY, a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to
as "COUNTY," and Guidance Care Center hereinafter referred to as "AGENCY."
W ITN ESSETH
WHEREAS, the Florida Department of Law Enforcement has awarded a sub-
grant of Edward Byrne Memorial Justice Assistance to the COUNTY to implement the
Guidance Care Center Jail In-House Program; and
WHEREAS, the County is in need of an implementing agency to provide said
services under this Program; and
WHEREAS, the AGENCY is the sole provider of this program; and
WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial
Assistance Grant funds to the AGENCY in accordance with the COUNTY'S application
for the Edward Byrne Memorial Assistance Grant.
NOW THEREFORE, in consideration of the mutual understandings and
agreements set forth herein, the COUNTY and the AGENCY agree as follows:
1. TERM - The term of this Agreement is from October 1, 2011 through
September 30, 2012, the date of the signature by the parties notwithstanding, unless
earlier terminated as provided herein.
2. SERVICES - The AGENCY will provide services, in compliance with all
provisions, as outlined in the COUNTY'S Edward Byrne Memorial Justice Assistance
Sub-grant Award, attached and made a part hereof (Attachment C).
3. FUNDS - The total project budget to be expended by the AGENCY in
performance of the services set forth in Section 2 of this agreement shall be the total
sum of $30,OQ0. All funds shall be distributed and expended in accordance with the
Project Su get Narrative as outlined in the grant agreement.
4. INCORPORATION BY REFERENCE - The provisions of those certain
documents entitled "State of Florida Office of Criminal Justice Grants Florida
Department of Law Enforcement Sub-grant Award Certificate and Application" and all
laws, rules and regulations relating thereto are incorporated by reference (Attachment
C).
5. BILLING AND PAYMENT
(a) The AGENCY shall comply with the program and expenditure reporting
requirements for Byrne Grant funds. The AGENCY shall render to the COUNTY a
detailed a quarterly performance report not later than 7 days after the end of each
quarter. The quarterly performance reports must include a response to all objectives
included in your project, as described in the Performance section in the grant
agreement. A detailed narrative, reflecting on accomplishments, challenges, etc. is
required as part of this quarterly report. The AGENCY shall render to the COUNTY,
monthly itemized invoices, not later than 30 days after the end of each month,
properly dated, describing the services rendered, the cost of the services, and all other
information required. The original invoice shall be sent to:
Grants Administrator
1100 Simonton Street
Key West, FL 33040
(b) Payment shall be made after review and approval by the COUNTY within
thirty (30) days of receipt of the correct and proper invoice submitted by the AGENCY.
7. TERMINATION - This Agreement may be terminated by either party at
any time, with or without cause, upon not less than thirty (30) days written notice
delivered to the other party. The COUNTY shall not be obligated to pay for any
services provided by the AGENCY after the AGENCY has received notice of
termination. In the event there are any unused Residential Substance Abuse
Treatment Funds, the AGENCY shall promptly refund those funds to the COUNTY or
otherwise use such funds as the COUNTY directs.
--------------
8. ACCESS TO FINANCIAL RECORDS - The AGENCY shall maintain
appropriate financial records which shall be open to the public at reasonable times and
under reasonable conditions for inspection and examination and which comply with the
Agreement incorporated in Section 4 of this Agreement.
9. AUDIT - The AGENCY shall submit to the COUNTY an audit report
covering the term of this Agreement, within one-hundred twenty (120) days following
the Agreement's lapse or early termination and shall also comply with all provisions of
the Agreement incorporated in Section 4 of this Agreement.
10. NOTICES - Whenever either party desires to give notice unto the other, it
must be given by written notice, sent by registered United States mail, with return
receipt requested, and sent to:
FOR COUNTY: FOR PROVIDER:
Grants Administrator A.B. Maloy, Area Director
1100 Simonton Street Guidance Care Center
Key West, FL 33040 1205 Fourth Street
Key West, FL 33040
Either of the parties may change, by written notice as provided above, the addresses or
persons for receipt of notices.
11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding
from the Florida Department of Law Enforcement cannot be obtained or cannot be
continued at a level sufficient to allow for the services specified herein, this Agreement
may then be terminated immediately, at the option of the COUNTY, by written notice of
termination delivered in person or by mail to the AGENCY at its address specified
above. The COUNTY shall not be obligated to pay for any services provided by the
AGENCY after the AGENCY has received notice of termination.
12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all
services pursuant to this Agreement, the AGENCY shall abide by all statutes,
ordinances, rules, and regulations pertaining to, or regulating the provision of, such
services, including those now in effect and hereafter adopted, and particularly Article 1,
Section 3 of the Constitution of the State of Florida and Article 1 of the United States
Constitution, which provide that no revenue of the state or any political subdivision shall
be utilized, directly or indirectly, in aid of any church, sect or religious denomination or
in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or
regulations shall constitute a material breach of this Agreement immediately upon
delivery of written notice of termination to the AGENCY. If the AGENCY receives notice
of material breach, it will have thirty days in order to cure the material breach of the
contract. If, after thirty (30) days, the breach has not been cured, the contract will
automatically be terminated.
13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this
Agreement shall assign this Agreement or any interest under this Agreement, or
subcontract any of its obligations under this Agreement, without the written consent of
the nther.
14. EMPLOYEE STATUS — The AGENCY is an independent contractor.
Persons employed by the AGENCY in the performance of services and functions
pursuant to this Agreement shall have no claim to pension, worker's compensation,
unemployment compensation, civil service or other employee rights or privileges
granted to the COUNTY'S officers and employees either by operation of law or by the
COUNTY.
15. INDEMNIFICATION - The AGENCY agrees to hold harmless, indemnify,
and defend the COUNTY, its commissioners, officers, employees, and agents against
any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly
arising from, or related to the provision of services hereunder by the AGENCY.
16. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is
contained herein and that this Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof as well as any
previous agreements presently in effect between the parties relating to the subject
matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of
this Agreement shall be valid only when expressed in writing and duly signed by the
parties.
IN WITNESS WHEREOF, the parties to this Agreement have caused their
names to be affixed hereto by the proper officers thereof for the purposes herein
express at Monroe County, Florida, on the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L.
KOLHAGE, Clerk OF MONROE.COUNTY. FLORIDA
By: Ci ut '_ '
v By:
Deputy Clerk Mayor¢ro Tern Kim Wigington
Guidance Care Center, Inc.
Va. By: 9��'�D "v"
14-167
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Witness
Originally approved at the
_. J 1/2 L/2_0 11 BOCC meeting-ratified
at the 05/16/2012 BOCC meeting -
due to a scrivener's error nOCwf`A •Viol*ta_vtanao
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ATTACHMENT A
Expense Reimbursement Requirements
This document is intended to provide basic guidelines to Human Service and
Community-Based Organizations, county travelers, and contractual parties who have
reimbursable expenses associated with Monroe County business. These guidelines, as
they relate to travel, are from the Monroe County Code of Ordinances and State laws
and regulations.
A cover letter (see Attachment B) summarizing the major line items on the reimbursable
expense request needs to also contain the following notarized certified statement:
"I certify that the above checks have been submitted to the vendors as noted and that
the attached expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in compliance with this organization's
contract with the Monroe County Board of County Commissioners and will not be
submitted for reimbursement to any other funding source."
Invoices should be billed to the contracting agency. Third party payments will not be
considered for reimbursement. Remember, the expense should be paid prior to
requesting a reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the
contract. This document should not be considered all inclusive. The Clerk's Finance
Department reserves the right to review reimbursement requests on an individual basis.
Any questions regarding these guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter-company allocations are not
considered reimbursable expenditures unless appropriate payroll journals for the
charging department are attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is
needed. If a Payroll Journal is provided, it should include: dates, employee name,
salary or hourly rate, total hours worked, withholding information and paid payroll taxes,
check number and check amount. If a Payroll Journal is not provided, the following
information must be provided: pay period, check amount, check number, date, payee,
support for applicable paid payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for
reimbursement. For overnight or express deliveries, the vendor invoice must be
included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments
are not allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for
reimbursement. The log must define the date, number of copies made, source
document, purpose, and recipient. A reasonable fee for copy expenses will be
allowable. For vendor services, the vendor invoice and a sample of the finished product
are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date,
the number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the
caller, the telephone number, the date, and the purpose of the call.
Travel and Meal Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement
of Travel Expenses. Travel reimbursement requests must be submitted and will be paid
in accordance with Monroe County Code of Ordinances and State laws and regulations.
Credit card statements are not acceptable documentation for reimbursement. If
attending a conference or meeting a copy of the agenda is needed. Airfare
reimbursement requires the original passenger receipt portion of the airline ticket. A
travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement
requires the vendor invoice. Fuel purchases should be documented with paid receipts.
Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a
taxi from one's residence to the airport for a business trip is not reimbursable. Parking
is considered a reimbursable travel expense at the destination. Airport parking during a
business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero.
Room must be registered and paid for by traveler. The County will only reimburse the
actual room and related bed tax. Room service, movies, and personal telephone calls
are not allowable expenses.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL,
PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of
Ordinances. An odometer reading must be included on the state travel voucher for
vicinity travel. Mileage is not allowed from a residence or office to a point of departure.
For example, driving from one's home to the airport for a business trip is not a
reimbursable expense.
'Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL,
PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of
Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast
reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before
6 p.m. and end after 8 p.m. for dinner reimbursement.
Non-allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay
expenditures (unless specifically included in the contract), contributions, depreciation
expenses (unless specifically included in the contract), entertainment expenses,
fundraising, non sufficient check charges, penalties and fines.
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for ( Organization name) for the time
period of to
Check it Payee Reason Amount
101 Company A Rent $ X,XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total $ X,XXX.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D C) $ X,XXX.XX
I certify that the above checks have been submitted to the vendors as noted and that
the expenses are accurate and in agreement with the records of this organization.
Furthermore, these expenses are in compliance with this organization's contract with
the Monroe County Board of County Commissioners and will not be submitted for
reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this day of 201_
by who is personally known to me.
Notary Public Notary Stamp
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list."
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
F..4 2...e ate. C..Ao-.- Inc warrants that Wit has not employed,
retained or of erwise had act on his/its behalf any former County officer or employee in
violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this
provision the County may, in its discretion, terminate this contract without liability and
may also, in its discretion, deduct from the contract or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer or employee.
(signature)
Date: v 0 / 11//-1---
r
STATE OF �C.,,/02/PR,/
COUNTY OF //A07i71C
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
AS //7HL0/ who, after first being sworn by me, affixed
his/he signature (n e of individual signing) in the space provided above on this
//t day of , 20/02 .
NOTARY PUBLIC
is EO
JOAN RREDER
My commission expires: MYcOmmis810N�LH07TJo
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OMB - MCP FORM #4
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordpnce with Florida Statute 287.087 hereby certifies that:
�Cwo- r•.,4-e�� 1��
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nob contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5 -Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any employee
who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
STATE OF JlfRidel 4 _(/J
COUNTY OF 777o77M'( (Signaturg gf /I1( e—
ab /II 1(
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
42 O?6LI,/ who, after first being sworn by me, (name of
individual signing) affixed his/her signature in the space provided above on this
PH' of 'Gvnc , 2009s.
My commission expires:
ry Public JOAN MAMMA
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FDLE
Florida Department of Office of Criminal Justice Grants Rick Scott, Governor
Law Enforcement Post Office Box 1489 Pam Bondi,Attorney General
Tallahassee, Florida 32302-1489 Jeff Atwater, Chief Financial Officer
Gerald M. Bailey (850)617-1250 Adam Putnam, Commissioner of Agriculture
Commissioner www.fdle.state.8.us
SEP272011
The Honorable Heather Carruthers
Mayor
Monroe County Board of Commissioners
530 Whitehead Street
Key West, FL 33040
Re: Contract No. 2012-JAGC-MONR-5-C4-228
Dear Mayor Carruthers:
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
$ 30,000.00 for the project entitled, GUIDANCE CARE CENTER: JAIL IN-HOUSE
PROGRAM. 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 • Integnty • Respect• Quality
The Honorable Heather Carruthers
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,
taywilder
Administrator
CH W/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 2012-JAGC-MONR-5-C4-228, in the amount
of$ 30,000.00, for a project entitled, GUIDANCE CARE CENTER: JAIL IN-HOUSE
PROGRAM, for the period of 10/01/2011 through 09/30/2012, 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.
(Signatatur of Su grantee's Authorized Official)
/iea7'4er/ 2z/'i cIAEtS� Mayor
(Typed Name and Title of Official)
Monroe County
(Name of Subgrantee)
November 16, 2011
(Date of Acceptance)
(SEAL)
AFT 1. .:'! L. KOLhA DE
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D&LiY..L.RK
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Rule Reference 11D-9 006 OCJG-012 (Rev. October 2005)
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
SUBGRANT AWARD CERTIFICATE
Subgrantee: Monroe County Board of Commissioners
Date of Award: 9-a&-/f
Grant Period: From: 10/01/2011 TO: 09/30/2012
Project Title: GUIDANCE CARE CENTER: JAIL IN-HOUSE PROGRAM
Grant Number: 2012-JAGC-MONR-5-C4-228
Federal Funds: $ 30,000.00
State Agency Match:
Local Agency Match: $ 0.00
Total Project Cost: $ 30,000.00
State Purpose Area: A : State/Local Initiatives - Coordinate/Organize Local
Initiatives/State Initiatives
CFDA Number 16.738
Award is hereby made in the amount and for the period shown above of a subgrant
under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-
351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above
mentioned subgrantee and subject to any attached or special conditions.
This award is subject to all applicable rules, regulations, and conditions as contained
in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D,
Office of Justice Programs, Common Rule for State and Local Governments and A-
87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It is
also subject to such further rules, regulations and policies as may be reasonably
prescribed by the State or Federal Government consistent with the purposes and
authorization of P.L. 90-351, as amended, and P.L. 100-690.
•
SUBGRANT AWARD CERTIFICATE (CONTINUED)
This grant shall become effective on the beginning date of the grant period provided
that within 30 days from the date of award, a properly executed Certificate of
Acceptance of Subgrant Award is returned to the Department.
0—kri !+ . kp.96„)
Authorized iciaial
Clayton H. Wilder
Administrator
Date
( ) This award is subject to special conditions (attached).
A?plication for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
�iseetfao�t Adinlnfbtratl4rr '
Subgrant Recipient
Organization Name: Monroe County Board of Commissioners
County: Monroe
Chief Official
Name: Heather Carruthers
Title: Mayor
Address: 530 Whitehead Street
City: Key West
State: FL Zip: 33040
Phone: 305-292-3430 Ext:
Fax: 305-292-3577
Email: carruthers-heather@monroecounty-n goy
Chief Financial Officer
Name: Danny Kolhage
Title: Clerk
Address: 500 Whitehead Street
City: Key West
o.ate. FL Zip: 33040
Phone: 305-292-3550 Ext:
Fax: 305-295-3663
Email: dkolhage@monroe-clerk.corn
Application Ref M 2012-JAGC-1771 Section tt1 Page 1 of 2
Contract 2012-JAGC-MONR-5-C4-228
Rule Reference 110-9 006 OCJG-005(rev Apil 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
r$4!c oa li Ad hinigtiattodPo 'r`i h ,
Implementing Agency
Organization Name: Monroe County Board of Commissioners
County: Monroe
Chief Official
Name: Heather Carruthers
Title: Mayor
Address: 530 Whitehead Street
City: Key West
State: FL Zip: 33040
Phone: 305-292-3430 Ext:
Fax: 305-292-3577
Email: carruthers-heather@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-flgov
Application Ref ft 2012-JAGC-1771 Section *1 Page 2 of 2
Contract 2012-JAGC-MGNR-5-C4-228
Rule Reference 110-9.006 OCJG-005(rev.April 2005)
•
Application for Funding Assis once
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
'action 2 project Qverylew
General Project Information
Project Title: GUIDANCE CARE CENTER: JAIL IN-HOUSE PROGRAM
Subgrant Recipient: Monroe County Board of Commissioners
Implementing Agency: Monroe County Board of Commissioners
Project Start Date: 10/1/2011 End Date: 9/30/2012
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 Florida Department of Children and Families
(DCF) 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 (25%), marijuana (22%), and opiates (12%). Of those
adults needing treatment in the state, only 129,698(11%)were served. In FY 2008-2009, a total
of 11,599 adults(DCF Quick Facts)were served by substance abuse treatment providers in DCF
Circuits 11 and 16 (Miami-Dade and Monroe Counties).
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 of HELPLINE, a 24-hour crisis intervention, information and referral service in
Monroe County report 728 substance abuse prevention calls just in the last year. In 2009, there
were 6,801 arrests in Monroe County, Florida, with 6,524 being adults (95.9%). 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 semi-annual reports from the Florida Department of Law
Enforcement for 2009 and 2010, 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 112.8 -3.5
Aggravated Assault 60.0 -8.9
Simple Assault 68.3 -1.1
Weapons Offenses 33.3 -17.2
Burglary 110.3 -5.5
During 2009, the average daily census in the Monroe County Jails was 524 inmates (449 in Key
West, 40 in Marathon, and 35 in Plantation Key). The incarceration rate in Monroe County in
2009 was 6.7/1,000 residents, more than twice the State rate(3.2). The Monroe County
Detention center reports that approximately 80% of incarcerated individuals have substance
abuse problems.
There are not enough substance abuse treatment services in Monroe County to handle the needs
and of those who return to our Criminal Justice System time, after time, after time. Often these
repeat offenders are not appropriate for the outpatient services available in the community due to
the nature of the crimes they have committed, or the
Application Ref e 2012-JAGC-1771 Section#2 Page 1 of 6
Contract 2012-JAGC-MONR-5-C4-
R We Reference 110.9 006 OCJG-005(rev Aprn 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
•of tfOlt 7: Project dvervieS -
long-standing nature of their substance use disorder, or 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 these, structured treatment in a controlled environment provides the best opportunity for
intervention to be effective and re-entry successful. The dollars that fund residential treatment in
the community are disappearing at an alarmingly high rate, just in the past two years, the funding
from the Department of Corrections for community residential treatment has dropped by forty two
percent(42%). Monroe County's only community based residential program (Keys to Recovery in
Marathon) has become more limited in its ability to provide residential services due to those cuts
in funding dollars, and is at risk of closing altogether unless additional funding can be procured.
Many offenders with substance use disorders are also parents, negatively affecting their children
and overburdening our already taxed child welfare system. 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 has
indicated that 75% of the children in foster care in Monroe County have been exposed to
substance abuse in the family.
In order for a female offender to access services to address her needs associated with a serious
substance use disorder, she must leave the community and go to Miami/Dade or Broward County
for residential treatment. The Female Jail In-House Program (JIP)at the County Jail is the only
substance abuse treatment program in the Keys that provides comprehensive treatment services
in a controlled environment.
Funding for this program during the last fiscal year was provided by a Monroe County Clerk?s
Drug Abuse Trust Fund Grant and Florida State Adult Substance Abuse funds through the
managing entity South Florida Behavioral Health Network.
Project Summary (Scope of Work)
In 1997, The Jail Incarceration Program (JIP), as it was initially named, was developed in the
Monroe County Detention Center and began providing substance abuse treatment services to
inmates. Today, most clients 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. In May, 2010 the program was
accredited by CARF.
Client-centered individualized treatment plans are a cornerstone of gender-responsive treatment.
After developing these plans in partnership with the program participant, treatment plan reviews,
case management services to provide community linkages and monthly self-reports of progress
continue to refine the plan. On-going program review occurs through monthly focus groups with
administrative staff and participants. The Global Assessment of Individual Needs (GAIN)
instrument provides a comprehensive assessment of client needs and assists in developing a
person-centered Wellness Plan that is updated with the participant every 30 days. Admission
policies are welcoming to
Application Ref tr 2012-JAGC-1771 Section$2 Page 2 of 6
Contract 2012-JAGC-MONR-5-C4-
Rule Reference 110-9 006 OCJG-005(rev Apnl 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
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. (There are 1st-lingual
counselors to serve the Hispanic population.)
For co-occurring clients, a Mental Health Status Assessment identifies impairments in functioning.
If identified as having a possible mental health issue, the client receives a referral to a mental
health counselor and the Prison Health Services Psychiatrist as well as participating in services to
address the substance use disorder and criminal thinking and behavior. Treatment is for a
minimum of six months, with the possibility of lasting one year. Aftercare services are encouraged
as a part of re-entry planning and last up to six months. The Guidance/Care Center provides
aftercare throughout the Florida Keys in community-based facilities. Aftercare is given priority but
will not be funded by the Byrne Grant funds.
Program staff and corrections staff conduct random drug testing (urine analysis) 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.
The Guidance/Care Center employs all program staff and has a strong background in substance
abuse counseling and mental health with appropriate certification. The program will require 3.5 FT
counselors to provide all core program services, with administrative support to conduct regular
case staffing, collect and report data, and monitor program outcomes. Two and a half(2.5) of
those positions will be funded through an RSAT grant and state funds for adult substance abuse
treatment. This grant funding will allow and support 65% of 1 FT position to provide services to no
less than 30 women for the one-year grant period.
Program services will be delivered using 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 and aftercare, the curriculum provides a
client workbook that belongs to and stays with the client The cost of the workbook is$22.00 per
copy. Services are delivered in a Treatment Community(TC) setting and will also incorporate
Trauma-Informed and Trauma-Based Therapy Models and gender-responsive treatment to
promote the healing and teaching of the human spirit. These relational models support the
development of healthy relationships with self, significant others and the community at large in
order to reduce the risk of relapse and recidivism. Staff use individual and group formats to
deliver core services. As participants move through the program they 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 include:
Education about addiction and the consequences of criminal behavior through therapeutic
experiences.
Teaching and learning about healthy ways of thinking, feeling, and acting in an
Application Ref# 2012-JAGC-1771
Section#2 Page 3 of 6
Contract 2012-JAGC-MONR-5-C4-
Rule Reference 110-9 006 OCJG-005(rev April 2005)
Application for Funding Assisnce
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
atmosphere of mutual respect.
Trauma-informed care(acknowledging the pain and violence in the person's past and offering
healthy alternatives for the future).
A range of informational, emotional, and behavioral options to shape safe and productive futures.
Emphasis on the ability to feel and express feelings that, in turn, increases a sense of self-worth.
Improving abilities to cope with their children and "the world around them"
Physical and emotional wellness.
Brother and Sisterhood and mentoring: Peers and staff collaborate to create hope and spiritual
growth by modeling healthy relationships, learning from each other and moving toward clean and
sober lives.
Skill building to recognize and reduce criminal thinking and conduct.
As participants advance through their individual program stages and begin to heal from within,
they take on increasing responsibilities for their own recovery/personal change and that of their
peers.
Continuum of care supports participants by connecting and coordinating aftercare In the
community and though 12-step/support group involvement.
Learning, developing, and practicing positive coping skills.
Developing and beginning to implement a realistic and hopeful life plan.
Treatment and education is provided across the following issues:
o Chemical Dependency
o Criminal Thinking and Destructive Behavior
a Healthy Relationships
o Financial
o Sexual
o Employment
o Physical and Mental Health
o Relapse Prevention
o Family Dynamics
o Domestic Relations
o Spirituality
-0 Parenting and Child Development
o Community Connectedness
As each client prepares for discharge from the program and release from incarceration, they work
with program staff to develop an Individualized Recovery Blueprint to facilitate transition into the
community. Staff help provide linkages to aftercare services and other community resources to
support on-going recovery and decrease the likelihood of recidivism.
Application Ref# 2012-JAGC-1771 Section#2 Page 4 of 6
Contract 2012-JAGC-MONR-5-C4-
Rule Reference I ID-9 006 OCJG005(rev Apnl 2005)
A1plication for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
At least 20 participants will complete treatment during the grant funding period•
Application Ref# 2012-JAGC-1771
Section#2 Page 5 of 6
Contract 2012-JAGC-MONR-5-C4-
Rule Reference 11D-9 006 OCJG-005(rev April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant- County-wide
Section 2 Project Overview
•
Section Questions:
Question: Does the Subgrantee receive a single grant in the amount of$500,000 or more from
the U.S. Department of Justice?
Answer. No
Question. Does the Implementing Agency receive a single grant in the amount of$500,000 or
more from the U.S. Department of Justice?
Answer. No
Application Ref# 2012-JAGC-1771 Section#2 Page 6 of 6
Contract 2012-JAGC-MONR-5-C4-
RNe Reference 110-9.006 OCJG-005(rev Apra 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Performance Info:
Performance Reporting Frequency: Quarterly
Federal Purpose Area: 004 -Corrections and Community Corrections Programs
State Purpose Area: A-State/Local Initiatives-Coordinate/Organize Local Initiatives/State
Initiatives
Activity Description
Activity: Counseling
Target Group: Females-Adult*
Geographic Area: Rural
Location Type: County Jail
Addressles) :
Monroe County Detention Center
College Road
Key West , FL 33040
Activity Description
Activity: Treatment- Institutional Based
Target Group: Females-Adult'
Geographic Area: Rural
Location Type: County Court
Activity Description
Activity: Group Therapy
Target Group: Females-Adult*
Geographic Area: Rural
Location Type: County Jail
Activity Description Activity: Psycho-Social Assessment
Target Group: Females -Adult'
Geographic Area: Rural
Location Type: County Jail
Application Ref a 2012-JAGC-1771 Section#3 Page 1 of 3
Contract 2012-JAGC-MONR-5-C4-
Rule Reference 11D-9 006 OCJG-005(rev Apnl 2005)
Ailication for Funding Assistnce
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
eft')3: Performance
Objectives and Measures
Objective: 03.A.DS*- Number of program participants receiving services
Measure: Part 1
Number of program participants to receive services during the grant period
Goal: 30
Measure: Part 2
Number of program participants to receive services during each reporting period
Goal: 15
Objective: 05.A.DS'- Number of program slots offered through initiatives
Measure: Part 1
Number of program slots to be available at the start of the grant period
Goal: 20
Measure: Part 2
Number of program slots to be created during the grant period using funds from this
grant
Goal: 10
Objective: 06.A.BT*-Number of program participants who completed services
Measure: Part 1
Number of program participants to complete services during the grant period
Goal: 20
Measure: Part 2
Number of program participants who will exit services during the grant period
(complete or not complete)
Goal: 20
Objective: 58.A.SI - Number of existing local initiatives
Measure: Part 1
Will this grant continue a local initiative that was begun with any other funding
source, including a prior years grant?
Goal: Yes
Application Ref# 2012-JAGC-1771 Section#3 Page 2 of 3
Contract 2012-JAGC-MONR-5-C4-
Rule Reference 110-9006 GCJG 005(rev April 2005)
Application for Funding AssisC nce
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
ectlon 3: Performance
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# 2012-JAGC-1771 Section#3 Page 3 of 3
Contract 2012-JAGC-MONR-5-C4-
Rule Reference 1 tD-9 006 OCJG-005(rev Apnl 2005)
I 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 $30,000.00 $0.00
$30,000.00
Expenses $0.00 $0.00
$0.00
Operating Capital $0.00
Outlay $0.00 $0.00
Indirect Costs $0.00 $0.00 $0.00
—Totals— $30,000.00
$0.00 $30,000.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref# 2012-JAGC-1771 Section#4 Page I of 4
Contract -JAGC-MONR---
Rule Reference 11D-9 006 OCJG-005(rev.Apnl 2005)
Application for Funding Assis!nce
Florida Department of Law Enforcement
Justice Assistance Grant- County-wide
Section 4: Financiat(gout) ,
Budget Narrative:
Contractual Services:
Assessments, case management services, individual and group counseling, program oversight
and reporting.
Unit Cost = 1 service hour; $22.19
$22.19 x 1,352 units= $30,000
TOTAL PROJECT= $30,000
CONTRACT
Monroe County will execute a contract with Guidance Care Center for the period of Oct 1, 2011
through Sept 30, 2012, to cover the grant period. A copy of the executed contract will be sent to
FDLE.
Application Re(# 2012-JAGC-1771 Section#4 Page 2 of 4
Contract 2012-JAGC-MONR-5-C4-
Rule Reference 11 D-9 006 OCJG-005(rev Apnl 2005)
• A Iication for Funding AssisfSnce
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
ection * Financial: •
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; salary and costs are part of contractual services.
Question If benefits are to be included, are they reflected in the budget narrative?
Answer: Yes.
Question Indicate the Operating Capital Outlay threshold established by the subgrantee or
implementing agency, if it is the sheriffs office.
Answer: 1,000
Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of
salaries and benefits), and provide documentation of the appropriate approval of this
plan.
Answer: NA
Question: If the budget includes services based on unit costs, provide a definition and cost for
each service as part of the budget narrative for contractual services. Include the basis
for the unit costs and how recently the basis was established or updated.
Answer: Budget
Personnel:
Salary cost is 27,282.
For Substance Abuse Conselor/Project Coordinator(65%xx41,640 to), to perform
assessments, provide case management services, individual and group counseling,
and oversight and reporting for program activities. A• 3t , 3 Sn ,121 7J ra„6,wV
B. Benefits: r dccl<s
Total Benefits cost: 2,058
1),77-.`1119✓
Benefits include payroll tax(FICA). Other benefits paid for employee will not be paid
by grant.
C. Travel: 0
D. Equipment: 0
E. Supplies: $660 for workbooks for each client at @$22 per copy, for 30 clients.
UNIT COST CALCULATION: •
Unit cost= 1 Service hour
Total Units = 1,352 (approximately)
Unit cost= $ 22.19 (rounded)
TOTAL BUDGET = $30,000
Application Ref# 2012-JAGC-1771 Section#4 Page 3 of 4
Contract 2012-JAGC-MONR-5-C4-
Rule Reference 110.9 006 OCJG.005 rev Apnl 2005)
•
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Unit cost was provided by contracted provider, July 2011. Monroe County determines
funding for projects via a competitive process.
Application Ref# 2012-JAGC-1771 Section#4 Page 4 of 4
Contract 2012-JAGC-MONR-5-C4-
Rule Reference 110-9 006 OCJG-005(rev April 2005)
11-
I
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 17 of this section.
1. All Subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide(Financial Guide) (http://www.oln.usdol.novlfinancialauide/index.htm)
and the Edward Byrne Memorial Justice Assistance Grant(JAG)program guidance
(httD://www.olp.usdoi.uov/BJAinrantllae.html)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": hftps://www.firules.orni
• Office of Management and Budget(OMB)Circulars: httD:/Avww.whitehouse.povlomblcirculars
o A-21 (2 CFR 220),"Cost Principles for Educational Institutions"
o A-87(2 CFR 225),"Cost Principles for State, Local and Indian Tribal Governments"
o A-102, "Grants and Cooperative Agreements with State and Local Governments"
o A-110(2 CFR 215),"Uniform Administrative Requirements for Grants and
Cooperative Agreements"
o A-122(2 CFR 230), "Cost Principles for Non-Profit Organizations"
o A-133, "Audits of States, Local Governments,and Non-Profit Organizations"
• Code of Federal Regulations: http://www.gpo.nov/fdsys/
o 2 CFR 175.15(b),"Award Term for Trafficking in Persons"
o 28 CFR 38, "Equal Treatment for Faith-Based Organizations"
o 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)"
0 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:
httri:/h•wwv.oip.usdol.nov/BJA/orant/lao.html
• United States Code: httD://www.gpo.aov/fdsva/
o 42 U.S.C. 3711 et seq.,"Omnibus Crime Control and Safe Streets Act of 1968"
• State of Florida General Records Schedule GS1SL for State and Local Government
Agencies: httolfdlis.dos.state.fl.us/barm/genschedules/GS1-SL.pdf
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles and standards for selected cost items set forth in the Office of Justice Programs
Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments
SFY 2012
Page 1
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Edward Byrne Memorial Justice Assistance Grant(JAG)Program
Florida Department of Law Enforcement
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.
3. Reports
a. Project Performance Reports
(1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project
Performance Reports to the Florida Department of Law Enforcement, hereafter known as
the Department, within 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 17, Performance of Agreement Provisions.
(2) Report Contents: Performance Reports must include a response to all objectives included
in your subgrant. A detailed response is required in the narrative portion for yes/no
performance objectives. The narrative must also reflect on accomplishments for the
quarter and identify problems with project implementation and address actions being
taken to resolve the problems.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
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.
SFY 2012 Page 2
)
Edward Byrne Memorial Justice Assistance Grant(JAG) Program
Florida Department of Law Enforcement
(f) The report must be electronically signed by the subgrantee 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 subgrantee 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 10, Program Income.)
(b) PGI Earnings and Expenditures reports must be electronically signed by the
subgrantee or implementing agency's chief financial officer or the chief financial
officers 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.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs
Financial Guide, the Common Rule, and OMB Circulars A-21,A-87, and A-110, or A-102 as
applicable, in their entirety.
c. All funds not spent according to this agreement shall be subject to repayment by the subgrant
recipient.
S. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement. All payments must be completed within thirty (30)days of the end of
SFY 2012
Page 3
I)
Edward Byrne Memorial Justice Assistance Grant(JAG) Program
Florida Department of Law Enforcement
the subgrant period.
7. 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 subgrantee or implementing
agency's chief financial officer or the chief financial officers designee.
8. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds.
The trust fund mayor may not be an interest bearing account.
b. The account may earn interest, but any earned interest must be used for program purposes
and expended before the 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.
9. Travel and Training
The cost of all travel shall be reimbursed according to the subgrant recipient's written travel
policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be
reimbursed according to§ 112.061, Fla. Stat.
10. Program Income (also known as Project Generated Income)
a. All income generated as a direct result of a subgrant project shall be deemed program
income.
b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report
to report how much PGI was earned during each quarter. A report must be submitted each
quarter even if no PGI was earned or expended. PGI Earnings and Expenditures reports
must be electronically signed by the subgrantee or implementing agency's chief financial
officer or the chief financial officers designee.
c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants.
Program income must be used for the purposes of and under the conditions applicable to
the award. If the cost is allowable under the Federal grant program, then the cost would be
allowable using program income. PGI budget requests must be signed by the subgrantee
or implementing agency's chief financial officer or the chief financial officers 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.
11. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment
of a consultant when the consultants rate exceeds$450(excluding travel and subsistence costs)
for an eight-hour day. Approval shall be based upon the contract's compliance with requirements
found in the Financial Guide, the Common Rule, and in applicable state statutes. The
Department's approval of the subgrant recipient agreement does not constitute approval of
consultant contracts. If consultants are hired through a competitive bidding process (not sole
source), the $450 threshold does not apply.
SFY 2012 Page 4
Edward Byrne Memorial Justice Assistance Grant(JAG) Program
Florida Department of Law Enforcement
12. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to§ 274, Fla. Slat
b. The subgrant recipient shall establish and administer a system to protect, preserve, use,
maintain and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement according to federal property management standards set forth in
the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for
State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable.
This obligation continues as long as the subgrant recipient retains the property,
notwithstanding expiration of this agreement.
13. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed by the terms of the Office of Justice Programs
Financial Guide(as amended), and the U.S. Department of Justice Common Rule for State and
Local Governments, or the federal OMB Circular A-110 or A-102, as applicable.
14. Copyright
The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit 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
numbed 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:
16. Audit
a. Subgrant recipients that expend$500,000 or more in a year in Federal awards shall have a
single or program-specific audit conducted for that year. The audit shall be performed in
accordance with the federal OMB Circular A-133 and other applicable federal law. The
contract for this agreement shall be identified in the Schedule of Federal Financial Assistance
in the subject audit. The contract shall be identified as federal funds passed through the
Florida Department of Law Enforcement and include the contract number, CFDA number,
award amount, contract period, funds received and disbursed. When applicable, the
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subgrant recipient shall submit an annual financial audit that meets the requirements of
§ 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; §215.97, Fla. Stat.,
"Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local
Governmental Entity Audits"and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit
and For-Profit Organizations:
b. A complete audit report that covers any portion of the effective dates of this agreement must
be submitted within 30 days after its completion, but no later than nine(9) months after the
audit period. In order to be complete, the submitted report shall include any management
letters issued separately and managements written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six(6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three(3)years from the date the
audit report is issued, unless extended in writing by the Department.
f. Subgrant recipients that expend less than$500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this
case, written notification,which can be in the form of the"Certification of Audit Exemption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt. This notice shall be provided to the Department no later than
March 1 following the end of the fiscal year.
g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or written notification of audit exemption should be sent to the
following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. Performance of Agreement Provisions
in the event of default, non-compliance or violation of any provision of this agreement by the
subgrant recipient, the subgrant recipients consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30)days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
18. Commencement of Project
a. If a project is not operational within 60 days of the original start date of the award period, the
subrecipient must report by letter to the Department the steps taken to initiate the project, the
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reasons for delay, and the expected start date.
b. If a project is not operational within 90 days of the original start date of the award period, the
subrecipient must submit a second statement to the Department explaining the
implementation delay.
c. Upon receipt of the ninety(90)day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-
obligate subgrant funds to other Department approved projects. The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety(90)day period, but only by formal written adjustment to this agreement.
19. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
reason of any failure in performance of this agreement according to its terms(including any
failure by the subgrant recipient to make progress in the execution of work hereunder which
endangers such performance)if such failure arises out of causes beyond the control and
without the fault or negligence of the subgrant recipient. Such causes include, but are not
limited to,acts of God or of the public enemy, acts of the government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant,and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly.
20. Written Approval of Changes In this Approved Agreement(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.
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
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subgrantee or implementing agency's chief official or the chief official's designee.
e. My certifications required for the requested changes, such as Sole Source, ADP
Justification, Privacy Certification forms, and Confidential Funds certifications, must be
signed by the subgrantee or implementing agency chief official or someone with formal,
written signature authority for the chief official.
21. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes,
disagreements, or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Departments 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 Departments clerk(agency cleric). The
subgrant recipients 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.
22. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement At any time, a
representative of the Department, of the U.S. Department of Justice, or the Auditor General of the
State of Florida, have the right of visiting the project site to monitor, inspect and assess work
performed under this agreement.
23. Access To Records
a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S.
Department of Justice, the U.S. Comptroller General or any of their duly authorized
representatives, shall have access to books, documents, papers and records of the subgrant
recipient, implementing agency and contractors for the purpose of audit and examination
according to the Financial Guide and the Common Rule.
b. The Department reserves the right to unilaterally terminate this agreement if the subgrant
recipient, implementing agency, or contractor refuses to allow public access to all documents,
papers, letters, or other materials subject to provisions of§ 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.
24. 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:
http://dlis.dos.state.fl.us/barmicienschedules/GS1-SL.pdf.
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25. 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.
26. 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.
27_ Drug Court Projects
A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment-Based Drug Court
Programs."
28. 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.
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29. 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.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of the Office of Justice Programs Financial Guide is required from all projects that
are involved with confidential funds. The signed certification must be submitted at the time of
grant application.
33. Equal Employment Opportunity(EEO)
a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of
race, color, national origin, religion, sex, disability, or age in funded programs or activities. All
subgrant recipients and implementing agencies must comply with any applicable statutorily-
imposed nondiscrimination requirements, which may include the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. §3789d);the Victims of Crime Act(42 U.S.C. §
10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. §
5672(b)); the Civil Rights Act of 1964(42 U.S.C. §2000d); the Rehabilitation Act of 1973(29
U.S.C. § 7 94); the Americans with Disabilities Act of 1990(42 U.S.C. § 12131-34); the
Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination
Act of 1975(42 U.S.C. §§6101-07); and Department of Justice Non-Discrimination
Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith-
based and community organizations).
b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more
employees and it has received any single award of$25,000 or more from the Department of
Justice. The plan must be prepared using the on-line short form at
http://www.oip.usdoi.gov/aboutocr/eeop complv.htm, must be retained by the subgrant
recipient or implementing agency, and must be available for review or audit. The
organization must also submit an EEO Certification to FDLE.
c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has
received any single award of$500,000 or more from the Department of Justice, it must
submit its plan to the Department of Justice for approval. A copy of the Department of
Justice approval letter must be submitted to FDLE. The approval letter expires two years
from the date of the letter.
d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is
has fewer than 50 employees or if it does not receive any single award of$25,000 or more
from the Department of Justice or if it is a nonprofit organization, a medical or educational
institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it
must submit an EEO Certification to FDLE.
e. The subgrant recipient and implementing agency acknowledge that failure to comply with
EEO Requirements within 60 days of the project start date may result in suspension or
termination of funding, until such time as it is in compliance.
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f. In the event a Federal or State court of Federal or State administrative agency makes a
finding of discrimination after a due process hearing on the grounds of race, color, religion,
national origin, sex, or disability against a recipient of funds, the recipient will forward a copy
of the finding to the Office for Civil Rights, Office of Justice Programs.
34.Americans with Disabilities Act
Subgrant recipients must comply with the requirements of the Americans with Disabilities Act
(ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the
basis of disability and requires certain accommodations be made with regard to employment
(Title I), state and local government services and transportation (Title II), public accommodations
(Title III), and telecommunications(Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act("INA"). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e)of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
38. 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
agrees to the requirements for implementation of a Mitigation Plan, as detailed by the
Department of Justice at httD://www.oip.usdoi.vov/BJA/resource/nepa.html, for programs
relating to methamphetamine laboratory operations.
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a For any of a subgrant recipient's existing programs or activities that will be funded by these
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with the Department of Justice in any preparation
by Department of Justice of a national or program environmental assessment of that funded
program or activity.
37. Non-Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And
Suspension(Nonprocurement)"These procedures require the subgrant recipient to certify it shall
not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless
authorized by the Department. If the subgrant is$100,000 or more, the subgrant recipient and
implementing agency certify that they and their principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public(Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity(Federal, State, or local)with commission of any of the offenses enumerated in
paragraph (1)(b)of this certification; and
d. Have not within a three-year period preceding this application had one or more public
transactions(Federal, State, or local)terminated for cause or default.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69,"New Restrictions on
Lobbying'and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of$100,000 or more.
b. This certification is a materiel representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
this agreement subject to conditions and penalties imposed by 31 USC 1352. Any person
who fails to file the required certification is subject to a civil penalty of not less than $10,000
and not more than $100,000 for each failure to file.
c. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a
grant or cooperative agreement over$100,000, as defined at 28 CFR 69, the applicant
certifies that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the making of any Federal
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grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers(including subgrants, contracts under
grants and cooperative agreements, and subcontracts)and that all sub-recipients shall
certify and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Addhlonal 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.
41. "Pay—to—Stay"
Funds from this award may not be used to operate a"pay-to-stay" program in any local jail.
Furthermore, no funds may be given to local jails that operate"pay-to-stay'programs. "Local
jail,"as referenced in this condition, means an adult facility or detention center owned and/or
operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-
stay"programs as referenced in this condition, means a program by which extraordinary services,
amenities and/or accommodations, not otherwise available to the general inmate population, may
be provided, based upon as offender's apparent ability to pay, such that disparate conditions of
confinement are created for the same or similar offenders within a jurisdiction.
42. Mitigation of Health,Safety and Environmental risks dealing with Clandestine
Methamphetamine Laboratories
If an award is made to support methamphetamine laboratory operations the subgrant recipient
must comply with this condition, which provides for individual site environmental
assessment/impact statements as required under the National Environmental Policy Act.
a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and
local environmental, health and safety laws and regulations applicable to the investigation
and closure of clandestine methamphetamine laboratories and the removal and disposal of
the chemicals, equipment, and wastes used in or resulting from the operation of these
laboratories.
b. Specific Requirements: The subgrant recipient understands and agrees that any program or
initiative invoking 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,
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equipment, and waste from a seized laboratory's operations are placed or come to rest.
Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible
adverse health, safety and environmental impacts from any of clandestine
methamphetamine operations funded under this award, it will(1) include the nine, below
listed protective measures or components; (2)provide for their adequate funding to include
funding, as necessary, beyond that provided by this award; and (3) implement these
protective measures directly throughout the life of the subgrant. In so doing, the subgrant
recipient understands that it may implement these protective measures directly through the
use of its own resources and staff or may secure the qualified services of other agencies,
contractor or other qualified third party.
(1) Provide medical screening of personnel assigned or to be assigned by the subgrant
recipient to the seizure or closure if of clandestine methamphetamine laboratories;
(2) Provide Occupational Safety and Health Administration(OSHA) required initial and
refresher training for law enforcement officials and other personnel assigned by the
subgrant recipient to either the seizure or closure of clandestine methamphetamine
laboratories;
(3) As determined by their specific duties, equip personnel assigned to the project with
OSHA required protective wear and other required safety equipment;
(4) Assign properly trained personnel to prepare a comprehensive contamination report on
each closed laboratory;
• _ (5) Employ qualified disposal contractors to remove all chemicals and associated
glassware, equipment, and contaminated materials and wastes from the site(s)of each
seized clandestine laboratory;
(6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, properly licensed recycling facilities;
(7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6
immediately above in order to ensure proper compliance;
(8) Have in place and implement an inter-agency agreement or other form of commitment
with a responsible State environmental agency that provides for that agency's (i) timely
evaluation of the environmental conditions at and around the site of a closed clandestine
laboratory and(ii)coordination with the responsible party, property owner, or others to
ensure that any residual contamination is remediated, if necessary, and in accordance
with existing State and Federal requirements; and
(9) Have in place and implement a written agreement with the responsible state or local
service agencies to properly respond to any minor, as defined by state law, at the site.
This agreement must ensure immediate response by qualified personnel who can (i)
respond to the potential health needs of any minor at the site; (ii)take that minor into
protective custody unless the minor is criminally involved in the meth lab activities or is
subject to arrest for other criminal violations; (iii) ensure immediate medical testing for
methamphetamine toxicity; and (iv) arrange for any follow-up medical tests,
examinations, or health care made necessary as a result of methamphetamine toxicity.
43. Limited English Proficiency(LEP)
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of
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Edward Byrne Memorial Justice Assistance Grant(JAG) Program
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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 http://www.lep,gov.
44. The Coastal Barrier Resources Act
The subgrant recipient will comply and assure the compliance of all contractors with the
provisions of the Coastal Baffler Resources Act(Pt. 97-348)dated October 19, 1982 (16 USC
3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of the
Coastal Barrier Resources System.
45. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a. Have an adequate process to assess the impact of any enhancement of a school security
measure that is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken.
b. Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
46. Environmental Protection Agency's(EPA) list of Violating Facilities
The subgrant recipient assures that the facilities under its ownership, lease or supervision which
shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of
Violating Facilities and that it will notify the Department of the receipt of any communication from
the Director of the EPA Office of Federal Activities indicating that a facility to be used in the
project is under consideration for listing by the EPA.
47. Flood Disaster Protection Act
The subgrant recipient will comply with Section 102(a)of the Flood Disaster Protection Act of
1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in
communities where such insurance is available as a condition of the receipt of any federal
financial assistance for construction or acquisition purposes for use in any area that has been
identified as an area having special flood hazards.
48. National Historic Preservation Act
It will assist the Department(if necessary) in assuring compliance with section 106 of the National
Historic Preservation Act of 1966(16 U.S.C. §470), Ex. Order 11593(identification and
protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16
US.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969(42 U.S.C. §4321).
49. Omnibus Crime Control and Safe Streets Act
The subgrant recipient will comply and assure the compliance of all contractors, with the
applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as
appropriate; the provisions of the current edition of the Office of Justice Program Financial and
Administrative Guide for Grants; and all other applicable State and Federal laws, orders,
circulars, or regulations.
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50. 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.
51. National Information Exchange Model specifications
To support public safety and justice information sharing, the Office of Justice Programs requires
the subgrant recipient to use the National Information Exchange Model(NIEM) specifications and
guidelines for this particular grant. Subgrant recipient shall publish and make available without
restriction all schemes generated as a result of this grant to the component registry as specified
in the guidelines. For more information on compliance with this condition, visit
http.//www.niem.qov/imolementationquide.oho.
52. Reporting,Data Collection and Evaluation
The subgrant recipient agrees to comply with all reporting, data collection and evaluation
requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the
Justice Assistance Grant(JAG). Compliance with these requirements will be monitored by the
Bureau of Justice Assistance.
53. Privacy Certification
The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section
3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or
information. 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.
54. State Information Technology Point of Contact
The subgrant recipient agrees to ensure that the State Information Technology Point of Contact
receives written notification regarding any information technology project funded by this grant
during the obligation and expenditures period. This is to facilitate communication among local
and state governmental entities regarding various information technology projects being
conducted with these grant funds. In addition, the recipient agrees to maintain an administrative
file documenting the meeting of this requirement For a list of State Information Technology
Points of Contact, go to http://www.it.oip.gov/default.aspx?area=policyAndPractice&Dace=1046.
55. Interstate Connectivity
To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of
Justice Assistance for law enforcement information sharing systems which involve interstate
connectivity between jurisdictions, such systems shall employ, to the extent possible, existing
networks as the communication backbone to achieve interstate connectivity, unless the subgrant
recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this
requirement would not be cost effective or would impair the functionality of an existing or
proposed IT system.
56. Supplanting
The subgrant recipient agrees that funds received under this award will not be used to supplant
State or local funds, but will be used to increase the amounts of such funds that would, in the
absence of Federal funds, be made available for law enforcement activities.
SFY 2012 Page 16
I I
Edward Byrne Memorial Justice Assistance Grant(JAG) Program
Florida Department of Law Enforcement
57. Conflict of interest
The subgrant recipient and implementing agency will establish safeguards to prohibit employees
from using their positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict of interest, or personal gain.
58. Uniform Relocation Assistance and Real Property Acquisitions Act
The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance
and Real Property Acquisitions Act of 1970(42 U.S.C. §4601 et seq.),which govern the
treatment of persons displaced as a result of federal and federally-assisted programs.
59. Limitations on Government Employees Financed by Federal Assistance
The subgrant recipient will comply with requirements of 5 U.S.C. §§ 1501-08 and§§7324-28,
which limit certain political activities of State or local government employees whose principal
employment is in connection with an activity financed in whole or in part by federal assistance.
60. Equal Treatment for Faith Based Organization; /
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 http://www.oip.gov/abouVocr/equal fbo.htm.
61. Certification for Employees Working Solely on a Single Federal Award
Any project staff that are fully funded by the grant must certify that they worked solely on the
grant. The certification must be prepared at least semi annually and must be signed by the
employee and by a supervisory official having first hand knowledge of the work performed by the
employee.
62. 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
63. Task Force Training Requirement
The subgrant recipient agrees that within 120 days of award, for any law enforcement task force
funded with these funds, the task force commander, agency executive, task force officers, and
other task force members of equivalent rank, will complete required online (intemet-based)task
force training to be provided free of charge through BJA's Center for Task Force Integrity and
Leadership. All current and new task force members are required to complete this training once
SFY 2012 Page 17
IP
Edward Byrne Memorial Justice Assistance Grant(JAG) Program
Florida Department of Law Enforcement
during the life of the award, or once every four years if multiple awards include this requirement
This training will address 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 will be provided by BJA regarding the
required training and access methods via BJA's web site and the Center for Task Force Integrity
and Leadership(www.ctfli.org).
64. 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.
65. 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.
68. 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
drvers.
67. 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.
68. 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
httaftwww.oom.00v/oca/10tables/indexS ES.aso.)
(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.
SFY 2012 Page 18
• r
RESOLUTION NO. 231 -2011
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY.
FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FY 2011-12 EDWARD
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT(JAG) PROGRAM
WHEREAS, the Florida Department of Law Enforcement has announced the
funding for Fiscal Year 2011-2012 Edward Byrne Memorial Justice Assistance Grant
(JAG) Program; and
WHEREAS, the Monroe County Board of Commissioners agrees to serve as the
coordinating unit of government in the preparation of the grant proposals and in the
distribution of funds allocated to Monroe County in the amount of$104,859 with no
cash match; and
WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with
concern given to the County's current drug control efforts, has recommended certain
programs receive funding to provide the community with activities focused on drug and
alcohol education, prevention, rehabilitation, and treatment; now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that:
1. The Board of County Commissioners concurs with the Monroe County
Substance Abuse Policy Advisory Board's recommendations; and that
2. The County Administrator is hereby authorized to sign and submit the
application packet for the Fiscal Year 2011-2012 grant funds to the Florida
Department of Law Enforcement Edward Byrne Memorial Justice Assistance
Grant (JAG) Program; and that
3. This resolution shall become effective immediately upon adoption by the
Board of County Commissioners and execution by the Presiding Officer and
Clerk.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17th day of August, 2011.
Mayor Carruthers Yee a -,
Mayor Pro Tern Rice Yee .S
iCommissioner Murphy Yee ro
Commissioner Neugent Yes r J_
Commissioner Wigington Yee i
(Sleet) w a Monroe Cou ' ,,
•
p C r ( rissioners ;c o
Attest:'y°':xtG2.( C. �ZtvJ,O. C . By: l/7f'/fib Clerk of Court . Mayor
(A{ 1..4 Ltd
if I'e7 I/ It
a ,
CERTIFICATION FORM
Recipient Name and Address: Monroe County, 1100 Simonton Street, Key West, Fl 33040
Grant Title: GCC: Jail In-House Program Grant Number:2012-JAGC-l77[award Amount: 430,000
Contact Person Name and Title: Lisa Tennyson, Grants Admin. Phone Number: (305) 292-4444
Federal regulations require recipients of financial assistance from the Office of fustice Programs(OJP), its component agencies,and the
Office of Community Oriented Policing Services(COPS)to prepare,maintain on file,submit to OUP 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. Ifa recipient receives multiple OW 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,
L'.5. Department of Justice,810 7*Street.N.W.. Washington.D.C. 20531. For assistance in completing this form,please call 1202)307-
0690 or TTY (202)307-2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that
apply.
❑ Recipient has less than 50 employees, 0 Recipient is an Indian tribe.
❑ Recipient is a non-profit organization, 0 Recipient is an educational institution,or
❑ Recipient is a medical institution. ❑ Recipient is receiving an award less than 525,000
I• (responsible official],certify that
[recipient] is not required to
prepare an ESOP for the reason(s)checked above,pursuant to 28 C.F.R §42.302. 1 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 end Title Signature Date
Section II- 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 525,000 or more,but less than 5500.000.
then the recipient agency does not have to submit an EEOP to O113 for review as long as it certifies the following(42 C.F.R. § 42.305):
t, Roman Gastesi, County Administrator (responsible official(, certify that
the Monroe County BOCC lrecipientl,which has 50 or more
employees and is receiving a single award or subaward for$25,000 or more,but less than S500,000,has formulated an
EEEOP 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 b cer, Monroe County
the proper authority and that it is available for review. The EEOP is on file in
the office of: Calvin Allen, EEO Offi (organization',
at 1100 Simonton Street, Key West, Flo, 33040 (addressl,for review by the public and
employees or for review or audit by officials of the relevant state plane' ency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of Justice,as required by Palau tzan ul do
Roman Gastesi, County Administrator el,2.9/0
Print or type Name and Title . IRneture Date
OMB Approval No. 1121 DI40 raprratmn Dam: 12J1,12
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant-County-wide
t------ y} +.I,v-----'N,j�a ",s Ce s/. tr w * — v +c Ty4 f--44
As1:a A +?.vk. SLW, ftu-4.✓�.Syl y y B i N Y ..q_-.^?- r • ,".'ti 'I-
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.
411,,, F
Signature: CQ ai .I,h N , kg- Wu)
Typed Name and Title: %NS K*Wirt Celltalii'IfcoAdmhafrato
Date: 1i - Us- tI
rfratihal;
i, ri r If _:pfGoi 3660idaltinisi '"
d a,-• .rCa♦ Y.A 95 xN - K. O.
Typed Name of Subggipie •
Signature:
Typed Name and Title: Roman Gactesi , County Administrator
Date: August 17. 2011
r E,
rr„ . . . ,. t 1 :;trwbF"prose4jnfaOvt' t ,. .
:.. „ hy 'zh. n 9 .h` t w _ ‘I
Typed Name of Impl e g A�Monroe rmmry
Signature: //
Typed Name and Title: Roman Gastesi. County Admit :trator
Date: August 17. 2011
Application Ref# 2012-JAGC-1771 Section #6 Page 1 of 1
Contract -JAGC-MONR---
Rule Reference 1113-9.006 OCJG-005 Rev.Apnl 2005)