Item C25BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 17, 2011 Division: Office of Management and Budget
Bulk Item: Yes XX No Department: Grants Administration
Staff Contact Person: Lisa Tennyson
AGENDA ITEM WORDING: Approval of a Resolution authorizing the submission of
grant application to the Florida Department of Law Enforcement for the Edward Byrne
Memorial Justice Assistance FY 2011-12 Grant (JAG) program based upon the
recommendations of the Substance Abuse Policy Advisory Board and authorization for
the County Administrator to execute application.
ITEM BACKGROUND: Federal funds are provided each year to the County through the
Florida Dept. of Law Enforcement (FDLE) to implement various law enforcement and
substance abuse related programs in Monroe County. This year, Monroe County has
received an award of $104,859. Proposals for this funding were submitted to the
County and were reviewed by the Substance Abuse Policy Advisory Board; its funding
recommendations, a copy of the applications, and minutes are attached. There is no
match required.
PREVIOUS RELEVANT BOCC ACTION: The County has participated in the Byrne JAG
grant program since about 1990. Authorization for the Mayor to execute the grant
application's funding distribution letter is also on today's agenda.
CONTRACT/AGREEMENT CHANGES: not applicable
STAFF RECOMMENDATION: Approval
TOTAL COST: $104,859 INDIRECT COST: BUDGETED: Yes XX No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: 0.00
SOURCE OF FUNDS: Federal Grant 100%
REVENUE PRODUCING: Yes No XX AMT. ER MONTH YEAR
APPROVED BY: COUNTY ATTY O /PURC SING RISK MGT.
DOCUMENTATION: INCLUDED: NOT REQUIRED:
DISPOSITION: AGENDA ITEM #:
RESOLUTION NO. - 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 17t" day of August, 2011.
(Seal)
Attest:
Mayor Carruthers
Mayor Pro Tern Rice
Commissioner Murphy
Commissioner Neugent
Commissioner Wigington
Clerk of Court
Monroe County Board of Commissioners
go
Following are the recommendations of the Substance Abuse Policy
Advisory Board (minutes from July 14, 2011 meeting) and the
applications for the FY 2011-2012 JAG grant program.
Substance Abuse Policy Advisory Board
Minutes
(Draft)
July 14, 2011 Harvey Govt. Center, 1200 Truman Ave.
9:00 A.M. Key West, FL
Board members/designees present:
Raiette Avael, Chair
Rosemary Enright, Public Defender, Vice -Chair
Sylvia Murphy, Mayor, District 5 Commissioner
Dennis Ward, State Attorney
Holly Elomina, Court Administrator
A.B. Maloy, Director, Guidance Care Center
Bob Audette for Patricia Burns, Florida Dept. of Corrections Parole and Probation
Elwood York, Pre-trial Services
Chief Taylor, Monroe County Detention Center
Lt. Bencozy, for Chief Donnie Lee, KWPD
Capt. Perez, Salvation Army
Staff members present:
Lisa Tennyson, Monroe County Grants Administrator
The Chair, Raiette Avael, noted the existence of a quorum, and the meeting was called to
order at approximately 9:10 A.M.
Board members introduced themselves and disclosed any affiliations with applicants. Holly
Elomina noted her affiliation with the 16t" Judicial Circuit; AB Maloy noted her affiliation with
the Guidance Care Center; R. Avael noted her affiliation with GCC; Elwood York noted his
affiliation with Drug Court.
Board members held nominations for Chair and Vice -Chair. R. Avael was nominated as
Chair; the motion to approve the nomination was unanimous. Rosemary Enright was
nominated as Vice -Chair; the motion to approve the nomination was unanimous.
A motion to approve the minutes, of the June 21, 2010, with a corrected spelling of
Rosemary Enright's name, passed unanimously.
Lisa Tennyson informed the board that the County will receive $104,859 in its Byrne JAG
funds. She noted that six applications for this funding were received and that the requests
exceed available funds.
Lisa Tennyson then summarized the status of the Drug Abuse Trust Fund (DATF) money.
She noted that last year we utilized this funding to supplement the Byrne JAG funding in the
amount of $22,250. She informed the Board that the fund will earn approximately $10,000
and that there is approximately $113,000 in the fund. Lisa informed the Board that they
needed to decide whether and how much of the DATF to use to supplement Byrne JAG this
yea r.
A motion was made and seconded to use $20,141 (rounds out total of 104,859 and 20,141
to 125,000) from the Clerk's Drug Abuse Trust Fund. The motion passed unanimously.
Applicants for the Byrne JAG and DATF funding then made presentations and answered
questions from the board:
• Jane Isherwood, Drug Court: noted success of Drug Testing Lab program and its
ability to earn money (15,282 last year and this year.)
R. Avael recalls for the group, the rule implemented by SABAP last year: that funding would
be provided for programs up to a limit of three years. The three year period starts with this
funding cycle. The rule applies to programs not organizations; in other words the same
organization can request funding after the third year, but not for the same program.
• Elmira Leto, Samuel's House: discussed court orders of women to her facility and
how they are high need population, thus her request for case management and
drug testing funds.
• Sandy Higgs, Be the Change/ Monroe Youth Challenge: spoke of the need for
violence prevention/anti-bullying programming for young people, the value and
positive impact of Challenge Days.
• Gina Pecora, Florida Keys Outreach Coalition: spoke of need to fund increasingly
important drug testing supplies.
• Rick Casey, Heron Peacock Supportive Living: discussed his program's unique
population who have substance abuse/mental health/history of incarceration
histories. R. Casey also reduced his original request from 53,213 to 46,000.
• Nadine Hood, Guidance Care Center: discussed financial issues with organization,
closing Keys to Recovery program, the need for continued funding for the JIP
program.
R. Avael comments that the funding for the Keys to Recovery program has been maintained
by the BOCC, and asks for an explanation then about why GCC needs to close the program.
AB Maloy explains that the KTR program has been operating at a deficit and cannot be
sustained; and that GCC will be returning those funds back to the BOCC and asking that it
be able to use those funds for their JIP program.
Nadine Hood states that GCC uses RSAT funds to support the JIP program too, but that that
funding has not yet been made available, although it is expected to be provided, despite the
delay.
L. Tennyson asked for an explanation of the funding sources for JIP, asking if the JIP
program was now to be funded with RSAT grant, Byrne grant and the KTR funds. N. Hood
responded yes, that the need has increased, the program is successful and that case
managers' case loads are limited to 20 at any one time.
S. Murphy asked for clarification of "direct services." N. Hood explained this as the services
provided by counselors and staff that works with clients as opposed to administrative staff.
Presentation portion ended. Deliberations of funding amounts began.
Holly Elomina proposed $20,141 from the Trust Fund for Drug Court, $4,859 for FKOC and
$23,750 each for the remaining four organizations.
S. Murphy proposed the following: Drug Court: 20,000; Samuel's House: 20,000; MYC:
20,000; FKOC: 5,000; Heron -Peacock: 30,000; and GCC: 30,000.
R. Enright reminded group that the Byrne funds were supposed to be used as seed money,
and that she's disappointed that we see the same, repetitive requests, and further, that
these requests have even increased in some cases. Funding requests should not increase
year after year. She noted, as an example, that Boys and Girls Club did not re -apply for
funding this year. She wants to encourage organizations not to come back for funding year
after year.
S. Higgs noted that funding opportunities are limited and the need is still present.
D. Ward empathized, but noted that everyone faces the same situation; cuts at the state
level were difficult for the Courts this year.
S. Murphy makes her previously stated proposed funding amounts into a motion.
T. Taylor asks for a point of information; he asks organizations if the proposed amounts are
workable for them, can they run their programs on the amounts proposed.
B. Audette discusses that he thinks there is too much funding being directed to drug testing
among the requests, and recommended that the testing be centralized, and that the
frequency was excessive; random testing catches users the same way.
S. Murphy asked whether all of the drug tests were the same. It was explained that no, they
aren't; some cannot be used in court.
R. Avael explained that non -profits that need to do drug testing on their clients have
different needs than those entities in the system. The non -profits need 24/7 availability and
need the drug testing to be on -site.
B. Audette noted that many of their clients are also in the system.
J. Isherwood noted that when you're treating drug addicted persons, there is a need for
very frequent testing and that random testing does not work with this population. The
population needs to know they will be tested every day.
R. Avael directed the group back to the motion on the floor, and asks for a second. Tommy
Taylor seconds.
The discussion moves to looking at last year's funding amounts. R. Enright notes that it
appears that if organizations ask for more, then they get more. D. Ward thinks requests
should be more modest.
A vote on the motion is called. However, with all the abstentions, there was not a voting
quorum. (H. Elomina, AB Maloy, R. Avael, E. York all abstained.)
The funding amounts were then voted on individually, rather than as a group.
S. Murphy motioned to fund Drug Court with $20,000. AB Maloy seconds. Motion passed 6-
3 with 2 abstentions. (No's: D. Ward, R. Enright, B. Audette; Abstentions: H. Elomina and E.
York.)
S. Murphy motioned to fund Samuel's House with $20,000. AB Maloy seconds. Motion
carried 9-2 (D. Ward and R. Enright voted no.)
S. Murphy motioned to fund MYC with $20,000. E. York seconds. Motion passed 8-3 with
one. (Lt. Bencozy, D. Ward and R. Enright voted no.)
S. Murphy motioned to fund FKOC at $5,000. M. Perez seconds. Motion passed
unanimously.
S. Murphy motioned to fund Heron -Peacock with $30,000. E. York seconded. Motion
passed 9-2 (D. Ward and R. Enright voted no.)
S. Murphy motioned to fund GCC with $30,000. M. Perez seconds. Motions passed 6-3 with
2 abstentions. (D. Ward, R. Enright, B. Audette voted no; AB Maloy, R. Avael abstained.)
R. Enright discussed issue of conflicts related to affiliations among the board, that absences
affect voting quorums, and that we need to ensure that all members or more of the
members of the SAPAB attend the meeting, or that they at least designate a representative
to attend the meeting. R. Avael stated that she will work with staff on this issue.
H. Elomina raises a point that in order to simplify contracts and reporting, since the
recommended DATF amount is 20,141, the group getting the Clerk's funding should have
that "extra" $141 added to them. The group agrees.
R. Casey from Heron -Peacock offers to give back $141 of his Byrne amount to add to Drug
Court; making his final amount $29,859 and Drug Court's final amount $20,141.
A motion is made to approve this; the motion passes unanimously.
Lt. Bencozy reiterated his support for programs for young people and his disapproval of
giving MYC less than they requested. R. Enright responded that if you look at the history,
MYC is one of those programs that has come to this board for Byrne funding every year;
and that the reduction in their amount is not done cavalierly.
R. Enright then motions to permit staff to equally distribute any excess or reduction of funds
that might result from BOCC or FDLE actions after today's meeting. The motion passes
unanimously.
There being no further business, R. Enright motions to adjourn meeting. Motion passed.
Revised 6/11
MONROE COUNTY
Substance Abuse Policy Advisory Board 2011
BOARD/COMMITTEE:
Mayor Sylvia Murphy
Murray Nelson Government Center
102050 Overseas Hwy, Suite 234
Key Largo, FL 33037
305-453-8787
S0CCDis5 monroecount pfi. ov
Roman Gastesi, Jr.
County Administrator
1100 Simonton Street, Suite 205
Key West, FL 33040
305-292-4441
Gastesi-roman monroecountfi ov
Frederick-debbie monroecggpi -fl. ov
Raiette Avael, Chairperson
Department of Juvenile Justice
5503 College Road, Suite 209
Key West, FL 33040
305-292-6787
Raiette.avaei rfi Qtate fi us
Rosemary Enright, Vice Chair
Public Defender, MC Public Defender's Office
801 Eisenhower Drive
Key West, FL 33040
305-292-3585
rnri ht cx� d 1 �org
David J. Audlin, Jr. (replacing Luis Garcia)
Chief Judge, Sixteenth Judicial Circuit
302 Fleming Street
Key West, FL 33040
305-292-3433
nry net
Kath .ru e scourts,ne
Dennis Ward
State Attorney, MC State Attorney's Office
530 Whitehead Street
Key West, FL 33040
(305)292-3426
dward e ssao.or
sreams eke ssao.or
Bob Peryam
Sheriff, Monroe County Sheriffs Department
5525 College Road
Key West, Florida 33040
305-292-7001
b e am ke sso.net
vmarinello ke sso.net
Donnie Lee
Chief, Key West Police Department
1604 N. Roosevelt Blvd.
Key West, FL 33040
(305)809-1042
fee ke vWestcit ,com
stevetorrenc ke estcit.com
Kris DiGiovanni (replacing Robert Petrick)
Chief, Key Colony Beach Police Dept.
P.O.Box 141
Key Colony Beach, FL 33050
305-289-1212 x.2
chief ke coion each.net
Chief Tommy Taylor
Jail Administrator, MC Detention Center
5525 College Road
Key West, Florida 33040
305-293-7325
q iorcr ke sso.net
Danny Kolhage
Clerk, Clerk of the Circuit Court
500 Whitehead Street
Key West, FL 33040
(305)292-3550
Dkoiac�e ®monroe-clerk.com
Dr. Jesus Jara
Superintendent, Monroe County School District
241 Trumbo Road
Key West, FI 33040
(305) 293-1400 x 53323
`esus.r eke chools.com
A.B. Maloy (replacing Jamie Pipher)
Director, Guidance Care Center
3000 41 st Street Ocean
Marathon, FL 33050
305-434-9000
? b maio westcare.com
Captain Maximo Perez
Salvation Army Correctional Services
1920 Flagler Avenue
Key West, Florida 33040
305-294-5611
aximo erez uss.salvationarm .or
S. Elwood York
Director, Pretrial Services
5503 College Road, Suite 205
Key West, FL 33040
305-292-3497
Elwood. ork ke scourts.net
Holly Elomina
Court Administrator, Sixteen Judicial Circuit
302 Fleming Street
Key West, FL 33040
305-292-3423
Hoff .elornina ke scourts,net
Patricia Burns
Director, Probation and Parole
Department of Corrections
5192 Overseas Hwy.
Marathon, FL 33040
Burns. atricia mail.dc.state.fl.us
Created: 05/09/90, Resolution No. 279-1990
Membership: Resolutions 158-1991 129-1993, 229-1994 288-1998 165-1999,
Florida Administrative Code Requirements 12105.
Terms: Members serve by reason of their job position, and with the exception of
the County Commissioner, shall continue to serve until they are no longer
in that position or are terminated by the BOCC. The County
Commissioner member will be designated by the Board of County
Commissioners in November of each year. Members may assign
delegates.
History of Monroe County Byrne JAG County Wide Funding Allocations
I
Grant Amt.
incr/decr
% incr/decr
overall since 2001
-125,169.00
-54%
2011
104,859.00
-28,100.00
-27%
2010
132,959.00
88,593.00
67%
2009
44,366.00
-96,340.00
-217%
2008
140,706.00
50,905.00
36%
2007
89,801.00
-53,882.00
-60%
2006
143,683.00
-34,187.00
-24%
2005
177,870.00
-12,725.00
-7%
2004
190,595.00
2,432.00
1%
2003
188,163.00
-18,862.00
-10%
2002
207,025.00
-23,003.00
-11%
2001
230,028.00
Although there were increases in 2004, 2008, and 2010, the overall
decrease in grant funds since 2001 has been $125,169, or 54%.
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Subgrant Recipient
Organization Name: Monroe County Board of Commissioners
County: Monroe
Chief Official
Name: 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
Chief Financial Officer
Name:
Danny Kolhage
Title:
Clerk
Address:
500 Whitehead Street
City:
Key West
State:
FL Zip: 33040
Phone:
305-292-3550 Ext:
Fax:
305-295-3663
Email: dkolhage@monroe-clerk.com
Application Ref # 2012-JAGC-1771 Section #1 Page 1 of 2
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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-fl.gov
Application Ref # 2012-JAGC-1771
Contract -JAGC-MONR- - -
Section #1 Page 2 of 2
Rule Reference 11 D-M06 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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 #
Contract
2012-JAGC-1771
-JAGC-MONR- - -
Section #2 Page 1 of 5
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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.
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 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 bi-lingual counselors to serve the Hispanic population.)
Application Ref # 2012-JAGC-1771
Contract -JAGC-MONR- - -
Section #2 Page 2 of 5
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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, benzodiaze pines, 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 atmosphere of
mutual respect.
Trauma -informed care (acknowledging the pain and violence in the person's past and
Application Ref # 2012-JAGC-1771 Section #2 Page 3 of 5
Contract -JAGC-MONR- - -
Rule Reference 11 D4006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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
o Healthy Relationships
o Financial
o Sexual
o Employment
o Physical and Mental Health
o Relapse Prevention
o Family Dynamics
o Domestic Relations
o Spirituality
o 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 5
Contract -JAGC-MQNR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
i
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 5 of 5
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Performance Info:
Performance Reporting Frequency: Quarterly
Federal Purpose Area: 005 - Drug Treatment Programs
State Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State
Initiatives
Activity Description
Activity: Treatment - Institutional Based
Target Group: Adults
Geographic Area: Rural
Location Type: County Jail
Address(es) :
Monroe County Detention Center
College Road
Key West, FL 33040
Activity Description
Activity: Group Therapy
Target Group: Inmates
Geographic Area: Rural
Location Type: County Jail
Activity Description
Activity: Psycho -Social Assessment
Target Group: Inmates
Geographic Area: Rural
Location Type: County Jail
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
Application Ref # 2012-JAGC-1771 Section #3 Page 1 of 4
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Number of program participants to receive services during each reporting period
Goal: 8
Objective: 04.A.DS* - Number of defined groups receiving services
Measure: Part 1
Total number of defined groups to receive services during the grant period
Goal: 1
Measure: Part 2
Number of defined groups to receive services each reporting period
Goal: 1
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: 30
Measure: Part 2
Number of program slots to be created during the grant period using funds from this
grant
Goal: 30
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: 30
Measure: Part 2
Number of program participants who will exit services during the grant period
(complete or not complete)
Goal: 30
Objective: 07.A.BT* - Number of defined groups that completed programming
Measure: Part 1
Number of defined groups to complete services during the grant period
Goal: 1
Measure: Part 2
Number of defined groups that will exit services during the grant period (complete or
not)
Application Ref # 2012-JAGC-1771 Section #3 Page 2 of 4
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Goal: 1
Application Ref # 2012-JAGC-1771 Section #3 Page 3 of 4
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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 4 of 4
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Financial Info:
Note: All financial remittances will be sent to the Chief Financial Officer
of the aubgrantee 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
$0.00
$0.00
Outlay
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 1 of 4
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Total Cost $30,000
BUDGET NARRATIVE:
A. Personnel
Total Salary cost is $27,282.
Substance Abuse Counselor/ Project Coordinator (65% participation x $41.640) performs
assessments, provides case management services, individual and group counseling as well as
oversight and reporting for program activities.
B. Benefits
Total Benefit cost is $2,058.
Fringe benefits paid by the grant include payroll taxes (FICA) Other benefits paid for the employee
(401K, Health Insurance, Unemployment Compensation and Workers Compensation) will not be
paid by the grant.
C. Travel: $0
D. Equipment: $0
E. Supplies:
Total cost of Supplies is: $660 Supplies include treatment workbooks for each client @ $22 per
copy.
UNIT COST CALCULATION:
Unit Cost = 1 service hour
Total Units = 1,352 (approximately)
Unit cost = $ 22.19 (rounded)
No local match.
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
Application Ref # 2012-JAGC-1771 Section #4 Page 2 of 4
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Budget Narrative (Continued):
will be sent to FDLE.
Application Ref # 2012-JAGC-1771
Contract -JAGC-MOLAR- - -
Section #4 Page 3 of 4
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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: UNIT COST CALCULATION:
Unit cost = 1 Service hour
Total Units = 1,352 (approximately)
Unit cost = $ 22.19 (rounded)
TOTAL BUDGET = $30,000
Unit cost was provided by contracted provider, July 2011. The basis for unit cost is
provided in the budget narrative, in project budget section.
Application Ref # 2012-JAGC-1771 Section #4 Page 4 of
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Insert Standard Conditions Page here.
Application Ref # 2012-JAGC-1771 Section #5 Page 1 of 1
Contract -JAGC-MONR- - -
Rule Reference 11D-9.006 OCJG-005 (rev. April 2005)
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.oip.usdoi.-gov/financiaiguide/index.htm)
and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance
(httr)://www.oip.usdoi.gov/BJA/grant/*ag.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": https://www.firules.org/
Office of Management and Budget (OMB) Circulars: http://www.whitehouse.clov/omb/circulars
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.gpoaccess.ciov/cfr/index.htmi
0 28 CFR 38, "Equal Treatment for Faith -Based Organizations"
0 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local
Governments" (Common Rule)
0 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:
http://www.oip.usdoo.gov/BJA/grant/ian.htmi
• United States Code: http://www.gpoaccess.gov/uscode/index.htmi
o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles and standards for selected cost items set forth in the Office of Justice Programs
Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments
and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions."
b. All procedures employed in the use of federal funds for any procurement shall be according
SFY 2011 Page 1
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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 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.
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-one (31) days after the end of the reporting period. In addition,
if the subgrant award period is extended, additional Project Expenditure Reports shall
be submitted. 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.
(2) The Financial Closeout Documentation shall be submitted to the Department within forty-
five (45) days of the subgrant termination date.
(3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income
Reports to the Department within 31 days after the end of the reporting period covering
subgrant project generated income and expenditures during the previous quarter. If any
PGI remains unspent after the subgrant ends, the subgrant recipient must continue
SFY 2011
Page 2
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
submitting quarterly PGI reports until all funds are expended. (See Item 10, Program
Income.)
c. Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to 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.
5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
7. Advance Funding
Advance funding shall be provided to a subgrant recipient upon a written request to the
Department.
8. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds.
The trust fund may or may not be an interest bearing account.
b. The account may earn interest, but any earned interest must be used for program purposes
and expended before the subgrant end date. Any unexpended interest remaining at the
end of the subgrant 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.
SFY 2011 Page 3
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
10. Program Income (also known as Project Generated Income)
a. All income generated as a direct result of a subgrant project shall be deemed program
income.
b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report
to report how much PGI was earned during each quarter. A report must be submitted each
quarter even if no PGI was earned or expended.
c. PGI expenditures require prior written approval from 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.
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 consultant's rate exceeds $450 (excluding travel and subsistence costs)
for an eight -hour day. Approval shall be based upon the contract's compliance with requirements
found in the Financial Guide, the Common Rule, and in applicable state statutes. The
Department's approval of the subgrant recipient agreement does not constitute approval of
consultant contracts. If consultants are hired through a competitive bidding process (not sole
source), the $450 threshold does not apply.
12. Property Accountability
a. The subgrant recipient agrees to use all non -expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat.
b. The subgrant recipient shall establish and administer a system to protect, preserve, use,
maintain and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement according to federal property management standards set forth in
the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for
State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable.
This obligation continues as long as the subgrant recipient retains the property,
notwithstanding expiration of this agreement.
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
SFY 2011 Page 4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that will be published, including web -based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following statements:
"This project was supported by Award No. [contact the Office of Criminal Justice Grants for award
number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions,
findings, and conclusions or recommendations expressed in this publication/program/exhibition
are those of the author(s) and do not necessarily reflect the views of the Department of Justice."
16. Audit
Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program -specific audit conducted for that year. The audit shall be performed in
accordance with the federal OMB Circular A-133 and other applicable federal law. The
contract for this agreement shall be identified in the Schedule of Federal Financial Assistance
in the subject audit. The contract shall be identified as federal funds passed through the
Florida Department of Law Enforcement and include the contract number, CFDA number,
award amount, contract period, funds received and disbursed. When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of §
11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat. ,
"Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local
Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit
and For -Profit Organizations."
b. A complete audit report that covers any portion of the effective dates of this agreement must
be submitted within 30 days after its completion, but no later than nine (9) months after the
audit period. In order to be complete, the submitted report shall include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is issued, unless extended in writing by the Department.
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.
SFY 2011 Page 5
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or written notification of audit exemption should be sent to the
following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the
subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
18. Commencement of Project
a. If a project is not operational within 60 days of the original start date of the award period, the
subrecipient must report by letter to the Department the steps taken to initiate the project, the
reasons for delay, and the expected start date.
b. If a project is not operational within 90 days of the original start date of the award period, the
subrecipient must submit a second statement to the Department explaining the
implementation delay.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re -
obligate subgrant funds to other Department approved projects. The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written adjustment to this agreement.
19. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
reason of any failure in performance of this agreement according to its terms (including any
failure by the subgrant recipient to make progress in the execution of work hereunder which
endangers such performance) if such failure arises out of causes beyond the control and
without the fault or negligence of the subgrant recipient. Such causes include, but are not
limited to, acts of God or of the public enemy, acts of the government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
SFY 2011 Page 6
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly.
20. Written Approval of Changes in this Approved Agreement
a. Subgrant recipients must obtain prior approval from the Department for major substantive
changes such as changes in project activities, target populations, service providers,
implementation schedules, project director, 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.
21. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes,
disagreements, or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The
subgrant recipient's right to appeal the Department's decision is contained in § 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
SFY 2011 Page 7
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
made or received by the subgrant recipient or its contractor in conjunction with this
agreement.
c. The subgrant recipient will give the awarding agency or the General Accounting Office,
through any authorized representative, access to and the right to examine all paper or
electronic records related to the financial assistance.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
25. Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to the approved agreement. The prior mentioned individuals
have authority to sign or make amendments to the Sole Source, ADP Justification and the
Privacy Certification forms. The Project Director has authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief officer or elected official must submit to the
Department a letter or resolution indicating the person given signature authority. The letter
indicating delegation of signature authority must be signed by the chief officer or elected official
and the person receiving signature authority. The letter must also specify the authority being
delegated.
27. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for
the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the
Department must be notified in writing with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless otherwise provided by law, the provisions of § 435, Fla. Stat. shall
apply.
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
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency or employee. When fingerprinting is required, the fingerprints of the employee
or applicant for employment shall be taken by the employing agency or by an
authorized law enforcement officer and submitted to the Department of Law
Enforcement for processing and forwarding, when requested by the employing agency,
to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of Law Enforcement for any costs incurred by it in the
processing of the fingerprints.
29. Drug Court Projects
A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court
Programs."
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence System
The subgrant recipient agrees that any information technology system funded or supported by 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 recipient may be fined as
per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of 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. §
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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/about/ocr/eeop comply htm, must be retained by the subgrant
recipient or implementing agency, and must be available for review or audit. The
organization must also submit an EEO Certification to FDLE.
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.
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 1), state and local government services and transportation (Title II), public accommodations
(Title III), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
36. National Environmental Policy Act (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
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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, for programs relating to methamphetamine laboratory operations.
c. For any of a subgrant recipient's existing programs or activities that will be funded by these
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with the Department of Justice in any preparation
by Department of Justice of a national or program environmental assessment of that funded
program or activity.
37. Non -Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And
Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall
not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless
authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and
implementing agency certify that they and their principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more.
b. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
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
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that all sub -recipients shall
certify and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Additional Restrictions on Lobbying
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of the Office of
Justice Programs.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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.
Specific Requirements: The subgrant recipient understands and agrees that any program or
initiative involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste from a seized laboratory's operations are placed or come to rest.
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
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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
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 Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC
3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the
Coastal Barrier Resources System.
45. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a. Have an adequate process to assess the impact of any enhancement of a school security
measure that is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken.
b. Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
46. Environmental Protection Agency's (EPA) list of Violating Facilities
The 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
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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
U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.G. § 4321).
49. Omnibus Crime Control and Safe Streets Act
The subgrant recipient will comply and assure the compliance of all contractors, with the
applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as
appropriate; the provisions of the current edition of the Office of Justice Program Financial and
Administrative Guide for Grants; and all other applicable State and Federal laws, orders,
circulars, or regulations.
50. Human Research Subjects
Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
51. National Information Exchange Model specifications
To support public safety and justice information sharing, the Office of Justice Programs requires
the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines
for this particular grant. Grantee shall publish and make available without restriction all schemas
generated as a result of this grant to the component registry as specified in the guidelines. For
more information on compliance with this condition, visit
http://www.niem.gov/implementationquide.l)hp.
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.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
53. Privacy Certification
The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section
3789g and 28 G.F.R. Part 22 that are applicable to collection, use, and revelation of data or
information. Grantee further agrees, as a condition of grant approval, to submit a Privacy
Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section
22.23.
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.olp.gov/default.asi)x?area=policyAndPractice&paqe=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.
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 Organizations
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the
Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
"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/about/ocr/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 (internet-based) task
force training to be provided free of charge through BJA's Center for Task Force Integrity and
Leadership. 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).
SFY 2011 Page 17
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
Signature:
Typed Name and Title:
Date:
Typed Name of Subgrant Recipient:
Signature:
Typed Name and Title:
Date:
Typed Name of Implementing Agency:
Signature:
Typed Name and Title:
Date:
Application Ref # 2012-JAGC-1771 Section #6 Page 1 of 1
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
a
Insert Certifications and Authorizations here.
Application Ref # 2012-JAGC-1771 Section #7 Page 1 of 1
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
CERTIFICATION FORM
Recipient Name and Address:
Grant Title:
Contact Person Name and Title:
Grant Number:
Award Amount:
Phone Number: (
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 71h Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that
apply.
❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe,
❑ Recipient is a non-profit organization, ❑ Recipient is an educational institution, or
❑ Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000
I, [responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that
[recipient] will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title Signature Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305):
I, [responsible official], certify that
the [recipient],which has 50 or more
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: [organization],
at [address],for review by the public and
employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations.
Print or type Name and Title
Signature
Date
OMB Approval No. 1121-0140 Expiration Date: 12/31/12
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non -procurement) and
Government -wide Requirements for Drug -Free Workplace (Grants)". The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28
CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000, as defined at 28 CFR Part 69, the applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
making of any federal grant, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal
grant or cooperative agreement;
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or an employee of Congress, or an
employee of a member of Congress in connection with this federal grant or
cooperative agreement, the undersigned shall complete and submit Standard
Form - LLL, "Disclosure of Lobbying Activities', in accordance with its instructions;
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subgrants,
contracts under grants and cooperative agreements, and subcontracts) and that all
subrecipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67, Section 67,510 -
A. The applicant certifies that it and its 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 judgement 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; and
B. Where the applicant is unable to certify to any of the statements in
this certification, he or she shall attach an explanation to this
application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
at 28 CFR Part 67 Sections 67,615 and 67.620-
A. The applicant certifies that it will or will continue to provide a drug -
free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to inform
employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
FDLE JAG Grant Application Package Lobbying Debarment, Suspension, and Drug -Free Workplace Certification
Page 1
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
(c) Making it a requirement that each employee to be engaged in the performan
of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after the conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice
under subparagraph (d) (2) from an employee or otherwise receiving actual notice
of such conviction. Employers of convicted employees must provide notice
including position title, to: Department of Justice, Office of Justice Programs,
ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice
shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
Check here _ If there are workplaces on file that are not identified
here.
Section 67.630 of the regulations provides that a grantee that is a
State may elect to make one certification in each Federal fiscal year.
A copy of which should be included with each application for
Department of Justice funding. States and State agencies may elect
to use OJP Form 4061/7.
Check here _ If the State has elected to complete OJP Form
4061 /7,
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
at 28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant, I certify that I will not engage in the
unlawful manufacture, distribution, dispensing, possession, or use of
a controlled substance in conducting any activity with the grant; and
B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation
performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the
conviction, in writing, within 10 calendar days of the conviction, to:
Place of Performance (Street address, city, county, state, zip code) Department of Justice, Office of Justice Programs, ATTN: Control
Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
1. Grantee Name and Address: Monroe County
2, Project Name: Guidance Care Center: Jail In -House Program
3. Typed Name and Title of Authorized Representative: Roman Gastesi, County Administrator
4. Signature:
5. Date:
FDLE JAG Grant Application Package Lobbying Debarment Suspension, and Drug -Free Workplace Certification
Page 2
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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
Chief Financial Officer
Name: Danny Kolhage
Title:
Clerk
Address:
500 Whitehead Street
City:
Key West
State:
FL Zip: 33040
Phone:
305-292-3550 Ext:
Fax:
305-295-3663
Email:
dkolhage@monroe-clerk.com
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Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
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:
305-2924444 Ext:
Fax:
Email: Tennyson-Lisa@monroecounty-fl.gov
Application Ref # 2012-JAGC-1769 Section #1 Page 2 of 2
Contract -JAGC-MONR- - -
Rule Reference 11 D4006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
R
General Project Information
Project Title: BE THE CHANGE: MONROE YOUTH CHALLENGE VIOLENCE AND
SUBSTANCE ABUSE PREVENTION
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
a. Due to the economic downturn the state and nation are experiencing prevention programs are
being eliminated at a rapid pace. Title IV, Safe and Drug Free Schools, was zero'd out completely
in 2010. In 2011, the Federal program US Learn and Serve was cut. These programs were the
primary programs addressing the prevention and reduction of alcohol and other drugs use (ATOD)
and violence and bullying. The replacement of the programs, Safe and Healthy Communities, are
only being funneled to large communities like Miami -Dade or Broward. Yet, it is well established
that Monroe County faces many of the same risk factors that would be found in those
communities.
According the Florida Youth Substance Abuse Survey 2010, Monroe County youth consistently
reported a higher ATOD use than elsewhere in Florida.
55.8% of Monroe youth ages 10-18 reported using alcohol, while 51.5% is the state average.
29.6% of youth ages 10-18 reported using Marijuana, while the state average is 23.8%.
47.1 % of Monroe County High School aged youth, 15-18, reported using illicit drugs at least once,
an increase of 6.5% of the state average.
Monroe County youth also report higher occurrences of violence and bullying than the state
average.
45.8% of Monroe County Middle School aged youth, 10-14, reported being teased or taunted.
The state average is 36.1 almost a 10% difference.
26.5% middle school youth reported being kicked or shoved, an 8.4% increase than the state
average.
It is not fiscally sound to further reduce prevention efforts in our county. In section C there is
information showing that how we as a community have reduced ATOD use in the past 10 years
since the decision to utilize Byrne trust money to further this effort. This reduction of these risky
behaviors will correlate to fewer adult addictions, and costly rehabilitation and incarceration.
B. The philosophy that MYCP utilized when developing programming is that all teens are at risk.
Every youth in the county is encouraged to participate in the program. Certain ages are
specifically targeted, such as the transition age of 8-9 grade where it is documented that students
are at a greater risk of feeling isolated and may resort to risky behaviors to "fit -in". At this age they
are also at a greater risk of being bullied. The goal of MCYP with our community partners, is to
change what youth see as "normal" in our schools and neighborhoods. When they feel it is
normal to
Application Ref # 2012-JAGC-1769
Contract -JAGC-MONR- - -
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Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
"Be The Change," risky behaviors are no longer thought of as normal.
According to the SAMSHA proven effective curriculum, Project Alert, more than 90% of the
nation?s youth believe that 78% of the teens in their school smoke marijuana. Yet the number is
far less. We need to change their perception.
Monroe County youth often show a lower occurrence of protective factors or assets when
compared to both the state and national average. These high risks combined with low protective
assets put our youth in danger. There are many risk factors that may influence the youth of
Monroe increasing the impulse to self -medicate with substances, engage or endure bullying and
violence, have low school attendance, drop out of school, exhibit criminal behavior and an overall
lack of productivity, experience depression, and even commit suicide.
MYCP delivers unduplicated empowering programs to Monroe County youth. The programs,
whether they are for the pre-school age group or high school, all encompass the Search Institutes
Developmental Assets®. The emphasis is on closing the achievement gap, drug, alcohol, tobacco
and crime -prevention, and safety education. MYCP is determined to provide environments for the
youth to thrive academically and socially. Our county wide year round services include
educational, preventative, recreational, cultural, informational, referral, training and other services.
C. The Monroe County Substance Abuse Task Force continues to make prevention a priority.
Funding MYCP has been a strong contributor to a real solution to the above problems. As a
community it is our responsibility to keep youth safe. To do this we must increase protective
factors (developmental assets See Attachment A) and decrease risk factors.
The fewer assets possessed by a young person the more likely they will use drugs, alcohol or
engage in violent acts as indicated by the graph on the page (created by the Search Institute).
0-10 Assets 11-20 21-30 31-40
Alcohol 45% 26% 11 % 3%
Violence 62% 38% 18% 6%
Illicit Drugs 34% 23% 11 % 3%
According the FYSAS 2010 Monroe County is below national percentages in both Family and
School Pro -social Involvement for high school aged youth. In Religiosity, we are significantly
below the state average with Monroe at 43% and the national average at 62% Clearly our unique
county cannot rely only on parents, schools or churches to keep our youth safe. The community
must take on active role in this task.
MYCP is a grassroots, community -based organization that serves as a catalyst to keep the
community invested and involved in developing protective in our youth. Since the inception of
MYCP 2001 we have seen an increase Community based Pro -social Involvement. For the past
several years we have surpassed the national norm (the only area in which this is true). In 2010
65% of high school youth reported community rewards for pro -social behavior compared to 63%
nationally.
Application Ref # 2012-JAGC-1769
Contract -JAGC-MONR- - -
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Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
As the acute needs of the community become more epidemic, it is a common reaction to curtail all
prevention programs and programs that build self-esteem, leadership and provide support and
avenue of communication for youth and the adults that care for them. This is exactly opposite of
what is needed during these financially challenging times.
47.1 % of the Monroe County student -population qualifies for free or reduced lunches. That
number is increased from last year by 271 students. Family income and education continues to be
the best predictor of success in postsecondary education and in the job market. At the time of this
grant we have the School District's poverty rate as defined by the Federal Government is 14.89%
well above the poverty rate of the Country. As of May 2011 there are 263 students registered as
Homeless in our county.
It is extremely important that we as a community continue to place importance on protecting our
youth from risk.
Project Summary (Scope of Work)
MYCP addresses the need to reduce at risk behavior and enhance academic and social success
by building internal and external assets in youth that include self confidence, resilience, and
empathy, a sense of belonging, positive values and decision making skills. MYCP does this by
supporting the youth to BE THE CHANGE and MAKE A CHANGE. Each participant is equipped
with an experience that includes the capacity to influence their own thinking.
MYCP aims to address the root cause of the many problems our youth endure. To directly solve
the issues of bullying, substance abuse and violence, we seek to address the isolation, separation
and loneliness that underlie those above issues. Our organization strives to engage and empower
young people by fostering healthy connections and relationships with peers and adults. Young
people need to feel valued and inspired more than ever before so by engaging them as the
leaders that we see them to be, MYCP steers young people away from potentially harmful outlets
they may otherwise participate in if they lacked a community and opportunity to step into their
greatness and see the greatness of the people around them.
MYCP targets all Monroe County youth regardless of gender, age or academic performance.
MYCP seeks at -risk students, including those who have dropped out, have been arrested, failing
school or those who exhibit a sense of being isolated. MYCP also works directly with parents
since the goal of this project will be to minimize risky -youth behaviors and develop protective
factors for all youth in Monroe County. MYCP recognizes that the best change agents among
youth are other youth; therefore, MYCP will continue its comprehensive approach to providing
effective youth programming.
There are three main strategies that MYCP employs to counteract these risk factors: Parenting,
High School Leadership Opportunities, and Middle School Prevention programs.
1) Parenting and educational classes teaching effective discipline, ATOD prevention, healthy
communication, and health literacy. It also provides effective parent -networking. MYCP offers
Community Playgroups.
MYCP Community Playgroups were created to ease financial and emotional burden of
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Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
addressing the achievement gap between low income and other students. These disparaging
effects could be reduced as larger segments of the populations are serviced through playgroups
designed to teach parents how to raise their child?s IQ and reduce parenting stress factors such
as maternal depression, and the risk of child neglect or abuse. The activities transfer real -life
parenting skills in a fun way and give the parent increased confidence on how to handle conflict
and discipline and the knowledge of how to provide needed services to their babies.
MYCP provides three distinct public playgroups throughout Monroe County in low-income, at -risk
neighborhoods. Monroe is a transient culture and these playgroups meet the needs of parents,
children, schools, and the community. Because they are held in common areas every week and
are free, they attract mothers with children from birth to school age where they easily and quickly
build trusting relationships. Through these relationships, information is transferred from
community -based initiatives to population groups who do not readily engage with public agencies
or utilize services. There are Spanish speaking and English speaking Playgroups.
2) Middle School years are often the turning point for youth. Many students drop out of school
shortly after ninth grade. A spike in discipline incidents occur in the 6th-9th grade years. MYCP
believes targeting this age group will provide the youth support to avoid risky behavior.
Prevention and transition programs are devised specifically by students for students and target
the immediate needs of that population. Most programs are designed by high school students who
have benefited from MYCP's Leadership programs.
An example is our 8th Grade Transition Program which had been developed to end school rivalry
and bullying for students from middle school as they enter the high school. Youth created events
entice students from all socioeconomic ranges and provide information as to the real threats of
emotional burdens throughout the school including, racism, violence, bullying and harassment and
promote the development of stronger relationships among students and their peers, family and
community.
MYCP signature -programs create alliances for youth with the understanding of the common
challenges they face. MYCP actively searches for students on campus suffering from alienation,
who do not feel connected to the school and work to develop their sense of purpose and
empowerment.
Strengthening students? emotional health, redirecting negative factors and empowering the
individuals to overcome obstacles lead to a reduction in risky behavior.
3) High School programs are the primary focus of MYCP's daily delivery. One example is the
mentoring program. High School youth are trained to provide effective mentorship which includes
tutoring, character development and asset building. They weekly visit their young mentees and it
has a profound impact on not only the elementary aged youth but also on the mentor. The mentor
is expected to keep up their grades, have no discipline issues, and keep a minimal amount of
absences to serve as a mentor. Some of our youth will be serving as youth mentors who had
been mentored by MYCP youth four years ago. Our elementary students are achieving on
standardized tests, have improved attendance and reduced behavior issues. It increases
engagement in the educational experience for all involved.
Application Ref # 2012-JAGC-1769
Contract -JAGC-MONR- - -
Section #2 Page 4 of
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Other programming that will be offered to youth this year is Challenge Day and PeaceJam. Both
national programming that teach youth to be self -empowered, and to understand that the adults
around them value them. These help to further our mission to for every child in Monroe County to
feel safe, loved and celebrated.
Significance to the Community - MYCP provides essential, asset building activities for youth in our
community. In this time of economic limitations, as families and agencies are cutting back, these
activities will be more needed than ever. The goals of JAG are the very same goals of MYCP and
several time the FDLE has chosen MYCP as their site visit and have found the program
exceedingly valuable. The sheer number of hours and clients that are served with these funds
make every dollar given worthwhile.
No Duplication - MYCP's brings together other agencies, volunteers, and youth to provide the
fabric of oversight needed for our community for a fraction of the cost of other agencies. The
majority of other agencies in our community only target families and children, who suffer from
addiction, or abuse, and whose issues are substantially more costly to the tax -payers. Funding
MYCP with the full amount will certainly be a savings for tax -payers but may also save pain for the
individuals who experience loss from isolations, drugs, violence and other risky behavior.
Application Ref # 2012-JAGC-1769 Section #2 Page 5 of 6
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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-1769
Contract -JAGC-MONR- - -
Section #2 Page 6 of 6
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Performance Info:
Performance Reporting Frequency: Quarterly
Federal Purpose Area: 003 - Prevention and Education Programs
State Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State
Initiatives
Activity Description
Activity: Community Service
Target Group: Juveniles - Male or female`
Geographic Area: Rural
Location Type: School District
Address(es) :
Horace O'Bryant Middle School
1105 Leon Street
Key West , FL 33040
Key Largo School
104801 Overseas
Key Largo , FL 33037
Marathon Middle School
350 Sombrero Beach Blvd.
Marathon , FL 33050
Monroe Youth Challenge
90-B Sombrero Road
Marathon , FL 33050
Plantation Key School
100 Lake Road
Tavernier, FL 33070
Stanley Switlik School
3400 Overseas Highway
Marathon , FL 33050
Sugarloaf School
225 Crane Blvd.
Sugarloaf Key, FL 33042
Application Ref # 2012-JAGC-1769
Contract -JAGC-MONR- - -
Section #3 Page 1 of
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Activity Description
Activity: Community Leader Meetings
Target Group: Juveniles - Male or female*
Geographic Area: Rural
Location Type: School District
Activity Description
Activity: Crime Prevention Education
Target Group: Juveniles - Male or female*
Geographic Area: Rural
Location Type: School District
Address(es) :
Horace O'Bryant Middle School
1105 Leon Street
Key West , FL 33040
Key Largo School
104801 Overseas
Key Largo , FL 33037
Marathon Middle School
350 Sombrero Beach Blvd.
Marathon , FL 33050
Monroe Youth Challenge
90-B Sombrero Road
Marathon , FL 33050
Plantation Key School
100 Lake Road
Tavernier, FL 33070
Stanley Switlik School
3400 Overseas Highway
Marathon , FL 33050
Sugarloaf School
225 Crane Blvd.
Sugarloaf Key, FL 33042
Application Ref # 2012-JAGC-1769 Section #3 Page 2 of 4
Contract-JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Activity Description
Activity: Drug Prevention Education
Target Group: Juveniles - Male or female*
Geographic Area: Rural
Location Type: School District
Activity Description
Activity: Drug Free Events
Target Group: Juveniles - Male or female*
Geographic Area: Rural
Location Type: School District
Activity Description
Activity: Mentoring
Target Group: Juveniles - Male or female*
Geographic Area: Rural
Location Type: School District
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: 4500
Measure: Part 2
Number of program participants to receive services during each reporting period
Goal: 1125
Objective: 58.A.Sl - 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 year's grant?
Goal: Yes
Application Ref # 2012-JAGC-1769 Section #3 Page 3 of 4
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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-1769 Section #3 Page 4 of 4
Contract -JAGC-MONR- - -
Rule Reference 11 D4006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Financial Info:
Note: All financial remittances will be sent to the Chief Financial Officer
of the Subgrantee Organization.
Financial Reporting Frequency for this Subgrant: Quarterly
Is the subgrantee a state agency?: No
FLAIR / Vendor Number: 596000749
Budget:
Budget Category
Federal
Match
Total
Salaries and Benefits
$20,000.00
$0.00
$20,000.00
Contractual Services
$0.00
$0.00
$0.00
Expenses
$0.00
$0.00
$0.00
Operating Capital
$0.00
$0.00
$0.00
Outlay
Indirect Costs
$0.00
$0.00
$0.00
-- Totals --
$20,000.00
$0.00
$20,000.00
Percentage
100.0
0.0
100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref # 2012-JAGC-1769 Section #4 Page 1 of 3
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Budget Narrative:
TOTAL BUDGET: $20,000
Budget is only for salaries.
Contractual Salaries:
3 Prevention Coordinators
$20 an hour @750 hours $15,000
1 Prevention Coordinators
$20 an hour @ 150 hours $ 3,000
1 Admin Assist
$20 an hour @ 100 hours $ 2,000
Total Contractual Salaries $20,000
The above team of coordinators will organize educational activities that were described on the
previous pages. The part-time coordinators are spread throughout the county, upper, middle and
lower. Together with the volunteers the activities that are provided are in high demand from the
youth in the county.
UNIT COST CALCULATION:
Unit = 1 service hour
Unit Cost = $20.
Total Units to be provided = 1,000 hours
No local match.
CONTRACT:
Monroe County will execute a contract with Be the Change of the Florida Keys for the period of Oct
1, 2011 thru Sept 30, 2012 to cover the grant period. A copy of the executed copy will be sent to
FDLE.
Application Ref # 2012-JAGC-1769
Contract -JAGC-MONR- - -
Section #4 Page 2 of 3
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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: Services provided by contracted provider.
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: UNIT COST CALCULATION
Unit cost = 1 service hour = $20.
Total units provided = 1,000
Total budget $20,000
Unit cost provided by contracted service provider July 2011. Basis for unit cost is
provided in the budget narrative in the Project Budget section.
Application Ref # 2012-JAGC-1769 Section #4 Page 3 of 3
Contract -JAGC-MONR- - -
Rule Reference 11 D4006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
-90
Insert Standard Conditions Page here.
Application Ref # 2012-JAGC-1769
Contract -JAGC-MONR- - -
Section #5 Page 1 of 1
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
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.oip.usdoi.gov/financialcluide/index.htm)
and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance
(http://www.oip.usdoi.-gov/BJA/grant/ia-g.htmi) as well as Federal statutes, regulations,
policies, guidelines and requirements and Florida laws and regulations including but not
limited to:
• Florida Administrative Code, Chapter 11 D-9, "Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program": https://www.firuies.org/
Office of Management and Budget (OMB) Circulars: http://www.whitehouse.gov/omb/circulars
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.gpoaccess.gov/cfr/index.htmi
0 28 CFR 38, "Equal Treatment for Faith -Based Organizations"
0 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local
Governments" (Common Rule)
0 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:
http://www.oip.usdoi.gov/BJA/Qrant/iag.htmi
• United States Code: http://www.apoaccess.gov/uscode/index.htmi
o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles and standards for selected cost items set forth in the Office of Justice Programs
Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments
and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions."
b. All procedures employed in the use of federal funds for any procurement shall be according
SFY 2011 Page 1
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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 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.
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-one (31) days after the end of the reporting period. In addition,
if the subgrant award period is extended, additional Project Expenditure Reports shall
be submitted. 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.
(2) The Financial Closeout Documentation shall be submitted to the Department within forty-
five (45) days of the subgrant termination date.
(3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income
Reports to the Department within 31 days after the end of the reporting period covering
subgrant project generated income and expenditures during the previous quarter. If any
PGI remains unspent after the subgrant ends, the subgrant recipient must continue
SFY 2011 Page 2
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
submitting quarterly PGI reports until all funds are expended. (See Item 10, Program
Income.)
c. Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to 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.
5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
7. Advance Funding
Advance funding shall be provided to a subgrant recipient upon a written request to the
Department.
8. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds.
The trust fund may or may not be an interest bearing account.
b. The account may earn interest, but any earned interest must be used for program purposes
and expended before the subgrant end date. Any unexpended interest remaining at the
end of the subgrant 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.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
10. Program Income (also known as Project Generated Income)
a. All income generated as a direct result of a subgrant project shall be deemed program
income.
b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report
to report how much PGI was earned during each quarter. A report must be submitted each
quarter even if no PGI was earned or expended.
c. PGI expenditures require prior written approval from 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.
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 consultant's rate exceeds $450 (excluding travel and subsistence costs)
for an eight -hour day. Approval shall be based upon the contract's compliance with requirements
found in the Financial Guide, the Common Rule, and in applicable state statutes. The
Department's approval of the subgrant recipient agreement does not constitute approval of
consultant contracts. If consultants are hired through a competitive bidding process (not sole
source), the $450 threshold does not apply.
12. Property Accountability
a. The subgrant recipient agrees to use all non -expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat.
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
SFY 2011 Page 4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that will be published, including web -based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following statements:
"This project was supported by Award No. [contact the Office of Criminal Justice Grants for award
number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions,
findings, and conclusions or recommendations expressed in this publication/program/exhibition
are those of the author(s) and do not necessarily reflect the views of the Department of Justice."
16. Audit
a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program -specific audit conducted for that year. The audit shall be performed in
accordance with the federal OMB Circular A-133 and other applicable federal law. The
contract for this agreement shall be identified in the Schedule of Federal Financial Assistance
in the subject audit. The contract shall be identified as federal funds passed through the
Florida Department of Law Enforcement and include the contract number, CFDA number,
award amount, contract period, funds received and disbursed. When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of §
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 management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is issued, unless extended in writing by the Department.
Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this
case, written notification, which can be in the form of the "Certification of Audit Exemption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt. This notice shall be provided to the Department no later than
March 1 following the end of the fiscal year.
SPY 2011 Page 5
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or written notification of audit exemption should be sent to the
following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the
subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
18. Commencement of Project
a. If a project is not operational within 60 days of the original start date of the award period, the
subrecipient must report by letter to the Department the steps taken to initiate the project, the
reasons for delay, and the expected start date.
b. If a project is not operational within 90 days of the original start date of the award period, the
subrecipient must submit a second statement to the Department explaining the
implementation delay.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re -
obligate subgrant funds to other Department approved projects. The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written adjustment to this agreement.
19. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
reason of any failure in performance of this agreement according to its terms (including any
failure by the subgrant recipient to make progress in the execution of work hereunder which
endangers such performance) if such failure arises out of causes beyond the control and
without the fault or negligence of the subgrant recipient. Such causes include, but are not
limited to, acts of God or of the public enemy, acts of the government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
SFY 2011 Page 6
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly.
20. Written Approval of Changes in this Approved Agreement
a. Subgrant recipients must obtain prior approval from the Department for major substantive
changes such as changes in project activities, target populations, service providers,
implementation schedules, project director, 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.
21. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes,
disagreements, or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The
subgrant recipient's right to appeal the Department's decision is contained in § 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
SFY 2011 Page 7
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
made or received by the subgrant recipient or its contractor in conjunction with this
agreement.
c. The subgrant recipient will give the awarding agency or the General Accounting Office,
through any authorized representative, access to and the right to examine all paper or
electronic records related to the financial assistance.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
25. Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to the approved agreement. The prior mentioned individuals
have authority to sign or make amendments to the Sole Source, ADP Justification and the
Privacy Certification forms. The Project Director has authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief officer or elected official must submit to the
Department a letter or resolution indicating the person given signature authority. The letter
indicating delegation of signature authority must be signed by the chief officer or elected official
and the person receiving signature authority. The letter must also specify the authority being
delegated.
27. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for
the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the
Department must be notified in writing with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless otherwise provided by law, the provisions of § 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
SFY 2011 Page 8
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency or employee. When fingerprinting is required, the fingerprints of the employee
or applicant for employment shall be taken by the employing agency or by an
authorized law enforcement officer and submitted to the Department of Law
Enforcement for processing and forwarding, when requested by the employing agency,
to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of Law Enforcement for any costs incurred by it in the
processing of the fingerprints.
29. Drug Court Projects
A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court
Programs."
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence System
The subgrant recipient agrees that any information technology system funded or supported by 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 recipient may be fined as
per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of 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)
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. §
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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
htti)://www.ojp.usdoi.gov/about/ocr/eeop comply.htm, must be retained by the subgrant
recipient or implementing agency, and must be available for review or audit. The
organization must also submit an EEO Certification to FDLE.
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.
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 1), state and local government services and transportation (Title II), public accommodations
(Title 111), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
36. National Environmental Policy Act (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
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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, for programs relating to methamphetamine laboratory operations.
c. For any of a subgrant recipient's existing programs or activities that will be funded by these
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with the Department of Justice in any preparation
by Department of Justice of a national or program environmental assessment of that funded
program or activity.
37. Non -Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And
Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall
not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless
authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and
implementing agency certify that they and their principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department or agency;
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;
SFY 2011 Page 11
Edward Byrne Memorial Justice Assistance Grant (JAG
Florida Department of Law Enforcement
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more.
b. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
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
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that all sub -recipients shall
certify and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Additional Restrictions on Lobbying
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of the Office of
Justice Programs.
SFY 2011 Page 12
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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 involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste from a seized laboratory's operations are placed or come to rest.
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
SFY 2011 Page 13
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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
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 Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC
3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the
Coastal Barrier Resources System,
45. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a. Have an adequate process to assess the impact of any enhancement of a school security
measure that is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken.
b. Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
46. Environmental Protection Agency's (EPA) list of Violating Facilities
The 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
SFY 2011 Page 14
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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
U.S.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.
50. Human Research Subjects
Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
51. National Information Exchange Model specifications
To support public safety and justice information sharing, the Office of Justice Programs requires
the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines
for this particular grant. Grantee shall publish and make available without restriction all schemas
generated as a result of this grant to the component registry as specified in the guidelines. For
more information on compliance with this condition, visit
http://www.niem.gov/imi)lementationquide.php.
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.
SFY 2011 Page 15
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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. Grantee further agrees, as a condition of grant approval, to submit a Privacy
Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section
22.23.
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.asox?area=oolicyAndPractice&page=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.
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 Organizations
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the
Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the
SFY 2011 Page 16
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
"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.oir)..qov/about/ocr/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 (internet-based) task
force training to be provided free of charge through BJA's Center for Task Force Integrity and
Leadership. 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).
SFY 2011 Page 17
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
Signature:
Typed Name and Title:
Date:
Typed Name of Subgrant Recipient:
Signature:
Typed Name and Title:
Date:
Impleme no Ageney
Official, Administrator or Designated R prs _ntativo
Typed Name of Implementing Agency:
Signature:
Typed Name and Title:
Date:
Application Ref # 2012-JAGC-1769 Section #6 Page 1 of 1
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Insert Certifications and Authorizations here.
Application Ref # 2012-JAGC-1769
Contract -JAGC-MONR- - -
Section #7 Page 1 of 1
Rule Reference I ID-9.006 OCJG-005 (rev. April 2005)
CERTIFICATION FORM
Recipient Name and Address:
Grant Title: Grant Number: Award Amount:
Contact Person Name and Title: Phone Number: (
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP 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 ESOP, but they
do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7h Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that
apply.
Recipient has less than 50 employees, ❑ Recipient is an Indian tribe,
Recipient is a non-profit organization, ❑ Recipient is an educational institution, or
Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000
I, [responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that
[recipient] will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title Signature Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305):
1, [responsible official], certify that
the [recipient],which has 50 or more
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: [organization],
at [address],for review by the public and
employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations.
Print or type Name and Title
Signature Date
OMB Approval No. 1121-0140 Expiration Date: 12/31/12
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non -procurement) and
Government -wide Requirements for Drug -Free Workplace (Grants)". The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28
CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000, as defined at 28 CFR Part 69, the applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
making of any federal grant, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal
grant or cooperative agreement;
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or an employee of Congress, or an
employee of a member of Congress in connection with this federal grant or
cooperative agreement, the undersigned shall complete and submit Standard
Form - LLL, "Disclosure of Lobbying Activities", in accordance with its instructions;
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subgrants,
contracts under grants and cooperative agreements, and subcontracts) and that all
subrecipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67, Section 67.510 -
A. The applicant certifies that it and its 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 judgement 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; and
B. Where the applicant is unable to certify to any of the statements in
this certification, he or she shall attach an explanation to this
application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
at 28 CFR Part 67 Sections 67,615 and 67.620-
A. The applicant certifies that it will or will continue to provide a drug -
free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to inform
employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
FDLE JAG Grant Application Package Lobbying, Debarment, Suspension, and Drug -Free Workplace Certification
Page 1
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
(c) Making it. requirement that each employee to be engaged in the perform.,,
of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after the conviction;
(e) Notifying the agency, in writing, within 1 D calendar days after receiving notice
under subparagraph (d) (2) from an employee or otherwise receiving actual notice
of such conviction. Employers of convicted employees must provide notice
including position title, to: Department of Justice, Office of Justice Programs,
ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice
shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal
State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
Check here _ If there are workplaces on file that are not identified
here.
Section 67.630 of the regulations provides that a grantee that is a
State may elect to make one certification in each Federal fiscal year.
A copy of which should be included with each application for
Department of Justice funding. States and State agencies may elect
to use OJP Form 4061/7.
Check here _ If the State has elected to complete OJP Form
4061 /7.
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
at 28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant, I certify that I will not engage in the
unlawful manufacture, distribution, dispensing, possession, or use of
a controlled substance in conducting any activity with the grant; and
B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation
performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the
Place of Performance Street address, city, zip conviction, in writing, within 10 calendar days of the conviction, to:
( Y Y P code) Department of Justice, Office of Justice Programs, ATTN: Control
Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
1. Grantee Name and Address: Monroe County
2. Project Name: Be the Change: Monroe Youth Challenge Violence and Substance Abuse Prevention
3. Typed Name and Title of Authorized Representative: Roman Gastesi County Administrator
4. Signature:
5. Date:
FDLE JAG Grant Application Package Lobbying, Debarment Suspension and Drug -Free Workplace Certification
Page 2
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Subgrant Recipient
Organization Name: Monroe County Board of Commissioners
County: Monroe
Chief Official
Name: 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
Chief Financial Officer
Name: Danny Kolhage
Title:
Clerk
Address:
500 Whitehead Street
City:
Key West
State:
FL Zip: 33040
Phone:
305-292-3550 Ext:
Fax:
305-295-3663
Email:
dkolhage@monroe-clerk.com
Application Ref # 2012-JAGC-1767
Contract -JAGC-MONR- - -
Section #1 Page 1 of 2
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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-fl.gov
Application Ref # 2012-JAGC-1767 Section #1 Page 2 of 2
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Project Information
Project Title: SAMUEL'S HOUSE: WOMEN IN TRANSITION/COURT-MANDATED
SERVICES AND SUBSTANCE ABUSE CASE MANAGEMENT.
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
a. The overall problem to be addressed is a Lack of Funding for Substance abuse case
management for Women who are court -mandated to Samuel's House, with histories of subtance
abuse and criminal activity.
b. Overall Problem Significance: Homeless women -in -crisis, many accompanied by their children
from birth-18 years of age arrive at SH daily seeking a place of safety, shelter and services. The
majority of clients are drug -addicted and have co-occurring disorders. An increasing number are
just released from incarceration, have criminal records, or have been court -mandated to serve -out
their sentences at SH. In 2010, 120 women with identified substance abuse and/or criminal
backgrounds came to SH from jail, the justice system or from the streets. It is for these women
that Samuel's House is seeking BYRNE funds.
The Problem Significance/Need is 3-pronged:
1. Lack of funding for Court -Mandated Women (Client Fees): Approximately 5 years ago, SH
began receiving women directly ordered by Monroe County judges to stay at SH for up to 90-days
instead of being sentenced to the Monroe County Detention Center. In 2010, 50 women were
sent to SH in lieu of jail. And, in 2011, there have already been 17 court -mandated women
residing at the shelter. Most of these women are sent to SH because of their substance abuse
and co-occurring issues and because SH has vast experience working with them. They benefit
from case management and essential services such as substance abuse workshops, employment
assistance from a job developer and transportation. It is anticipated that Samuel's House will
serve 20 court -mandated women with BYRNE funds requested in this application.
All women who come to SH are responsible for contributing to the program's expenses of housing
and food ($400.00 per month). This is an important component to help the women in the program
develop a sense of self-suffiency. It also helps support the program's expenses. However, women
who are court -mandated to SH have no jobs and no way to pay their fees until they gain
employment. Due to their criminal records, it is difficult to find work and fees go unpaid for at least
one month. Sometimes fees remain unpaid for the duration of their stay. Although the courts
require women to be at Samuel's House, the agency is not compensated by the judicial system.
Utilizing BYRNE funds for initial client program fees will allow women time to find jobs and the
ability to pay their own fees.
2. Lack of funding for Case Management: Case Management is the foundation for all client
success at SH. It goes far beyond providing shelter and food. The Case Manager (CM) is on -site
to: design and implement all activities/programming, perform client intake and assessment,
administer drug/alcohol tests, refer clients to services, monitor client progress, resolve conflict,
and assist clients with development of individualized
Application Ref # 2012-JAGC-1767 Section #2 Page 1 of 5
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
case management plans. The CM assists in acquiring necessary documentation, locating
childcare and mental, as well as physical, health care. While these women are at SH, it falls to the
CM to monitor the court -mandated women and to report to judges and probation officers on their
behalf. These duties require special skills and place a large, additional burden on the CM. We will
utilize BYRNE funds to support the Case Manager's Salary and benefits.
3. Lack of funding for Testing Supplies: There is a proven prevalence of, and increase in,
substance abuse among SH clients. Agency statistics in 2010 indicate that the majority of the
general population of homeless women living at SH are dealing with substance abuse. And,
100% of the court -mandated women assisted by SH in 2010 reported having drug and alcohol
addictions.
Each client admitted to a SH program is screened for substance use before admittance into the
shelter. Also, compliance with random drug testing is mandatory for continued participation in the
program. The cost of one drug test is $15.00 and 1,400 tests were administered in 2010. Drug -
testing costs are not included in the program/client fees and no money is available for tests for
court -mandated women. It is expected that 134 drug tests will be administered for women at
Samuel's House with criminal and/or substance abuse backgrounds at a cost of $2,010 to the
BYRNE grant.
Those Negatively Affected: Those negatively affected by the described problems include the
increasing number of women who come to Samuel's House through the legal process, from jail or
even court -mandated. Because of their criminal backgrounds and drug/alcohol addictions many of
the women coming for shelter have become homeless, unemployed, ill and have either committed
crimes or had crimes committed against them. Not only is receiving Case Management and
staying drug and alcohol free necessary for remaining sheltered at SH, these are critical steps
toward a better future for a woman and her family. SH has proven that random drug testing is an
effective tool for encouraging a woman to remain sober and drug -free while participating in Case
Management.
c. Current Scope of the Problem: Current data reflects that 100% of SH clients entering the
various SH programs experience addiction. The latest available data obtained from the Monroe
County Sheriffs office indicate 6,447 substance abuse related bookings (19,631 jail days) were
reported in 2007-08. The Monroe County Detention Center reports over 80% of those arrested
have substance abuse problems and high rates of recidivism. The greatest indicator for the scope
of the problem is the 20 women with identified criminal backgrounds, substance abuse issues and
co-occurring disorders who stayed at Samuel's House in 2010. (Among those were 50 women
court -mandated to Samuel's House in 2010.)
Agency Data in Support of the Problem: The data reported by the independent evaluator of the
WIT program supports the need for continued services such as Case Management and drug -
testing for all women of Samuel's House. The WIT program reached far beyond its targeted
number of clients anticipated during the program. It was expected that 55 women would be served
by WIT in a year. However data indicates that 217 women participated in the WIT program,
placing it at more than 4 times the anticipated enrollment goal. As a result of Case Management
(including random drug testing), significant reductions in alcohol and drug use were evident from
admission to six -
Application Ref # 2012-JAGC-1767 Section #2 Page 2 of 5
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
months. Significant reductions in stress and emotional problems related to alcohol and drug use
were evident from admission to six months. Employment and health situations improved as did
the number of women who were able to acquire permanent housing when they left SH.
Project Summary (Scope of Work)
The program contains the following components:
1. Client Fees Court -Mandated Clients
What will your project accomplish? Shelter operations are becoming more costly every day. A
woman is responsible for paying her portion of these SH operations to cover her room and board
for the time that she is there. Often it is difficult for a woman to pay these costs when she does not
have a job or other means of support. That is almost always the case when a woman is court -
mandated to SH. Paying the initial client fees for the first month is impossible for these women.
With BYRNE grant funding, 20 women entering SH through the courts system will have their initial
fees paid while they are seeking employment.
Who will receive services? Women who have been Court -Mandated to live at Samuel's House in -
lieu of jail.
Who will provide the services? Staff at Samuel's House, Inc. will provide the services.
2. Case Management
What will your project accomplish? With BYRNE grant funding, a Case Manager will receive
salary plus benefits and 20 women with criminal and/or substance abuse backgrounds will receive
Case Management. The Case Manager is on -site to: design and implement all
activities/programming, perform client intake and assessment, administer drug/alcohol tests, refer
clients to services, monitor client progress, resolve conflict, assist clients with development of
individualized case management plans. The CM assists in acquiring documentation, locating
childcare and mental, as well as, physical health care. While women who have been court -
mandated are at SH, it also falls to the CM to monitor the court -mandated women and to report to
judges and probation officers on their behalf.
Who will receive services? Women residing at Samuel's House who have criminal and/or
substance abuse backgrounds,
Who will provide the services? The Samuel's House Case Manager.
What other agencies will participate? Samuel's House partners with, and has clients referred from
the Monroe County Sheriffs Office, the court/prison system, the agency members of the
Southernmost Homeless Assistance League, and local mental health organizations located
throughout Monroe County. Also participating will be the State Office on Homelessness through
the Emergency Shelter Grant and the Monroe County Human Services Advisory Board.
Application Ref # 2012-JAGC-1767
Section #2 Page 3 of 5
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
3. Drug -Testing
What will your project accomplish? With Byrne Grant funds, it will be possible to purchase and
administer 134 comprehensive drug tests.
Who will receive services? Women residing at Samuel's House who have criminal and/or
substance abuse backgrounds.
Who will provide the services? Services will be provided by Samuel?s House Case Management,
Counseling and Monitoring staff.
What other agencies will participate? Samuel's House receives referrals from the Monroe County
Sheriffs Office, the prison system, the court system, and pre-trial services.
Application Ref # 2012-JAGC-1767
Contract -JAGC-MONR- - -
Section #2 Page 4 of 5
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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 Ket it 2012-JAGC-1767
Contract -JAGC-MONR- - -
Section #2 Page 5 of 5
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Performance Info:
Performance Reporting Frequency: Quarterly
Federal Purpose Area: 005 - Drug Treatment Programs
State Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State
Initiatives
Activity Description
Activity: Substance Abuse Treatment
Target Group: Females - Adult*
Geographic Area: Rural
Location Type: Community -based organization
Address(es) :
Samuel's House
1614 Truesdell Court
Key West, FL 33040
Activity Description
Activity: Case Management
Target Group: Females - Adult*
Geographic Area: Rural
Location Type: Community -based organization
Activity:
Target Group:
Geographic Area
Location Type:
Activity Description
Drug Testing
Females - Adult*
Rural
Community -based organization
Activity Description
Activity: Alcohol Testing
Target Group: Females - Adult*
Geographic Area: Rural
Location Type: Community -based organization
Application Ref # 2012-JAGC-1767
Section #3 Page 1 of 4
Contract -JAGC-MONR- - -
Rule Reference 11 D-M06 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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: 20
Measure: Part 2
Number of program participants to receive services during each reporting period
Goal: 5
Objective: 04.A.DS* - Number of defined groups receiving services
Measure: Part 1
Total number of defined groups to receive services during the grant period
Goal: 1
Measure: Part 2
Number of defined groups to receive services each reporting period
Goal: 1
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: 20
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
Application Ref # 2012-JAGC-1767 Section #3 Page 2 of 4
Contract -JAGC-MONR- - -
Rule Reference 11D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Objective: 07.A.BT* - Number of defined groups that completed programming
Measure: Part 1
Number of defined groups to complete services during the grant period
Goal
Measure: Part 2
Number of defined groups that will exit services during the grant period (complete or
not)
Goal: 1
Application Ref # 2012-JAGC-1767 Section #3 Page 3 of 4
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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-1767
Section #3 Page 4 of 4
Contract-JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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
$20,000.00
$0.00
$20,000.00
Expenses
$0.00
$0.00
$0.00
Operating Capital
$0.00
$0.00
$0.00
Outlay
Indirect Costs
$0.00
$0.00
$0.00
-- Totals --
$20,000.00
$0.00
$20,000.00
Percentage
100.0
0.0
100.0
Project Generated Income:
Will the project earn project generated income (PGQ ? No
Application Ref # 2012-JAGC-1767 Section #4 Page 1 of 4
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Budget Narrative:
TOTAL BUDGET: $20,000
Salaries and Benefits: Case Manager $9,990
Expenses:
Drug Testing Supplies $2,010
Client Fees $8,000
Total Expenses $10,010
TOTAL BUDGET: $20,000
BUDGET NARRATIVE:
$9,990 of Byrne grant funds will be used to pay a portion of the salary of the Samuel's House Case
Manager. The Case Manager counsels and connects women with such services as:
transportation, child-care, individual/group counseling, mental/physical health care, basic needs
and addiction services, etc. The total annual case manager salary plus benefits equals $45,000.
The grant award portion of the total annual case manager salary is 37 hours per month x $22.50
per hour (including benefits) which equals $832.50 per month.
$8,000 in BYRNE grant funds will be used to pay initial client fees for women who are court -
mandated to live at Samuel's House in lieu of jail. These fees help pay for the costs of food, shelter
and other necessary expenses for the women. This portion of the grant award will provide first
month client fees of $400 for 20 court -mandated women. (After the first month, the women are
expected to contribute toward their housing and food costs and pay this monthly fee themselves.)
$2,010 in Drug Testing supplies will be purchased throughout the year to provide 134 mandatory
drug tests @ $15.00 per test. The population will be women with criminal and/or substance abuse
backgrounds. Random drug -testing has proven to be an effective Case Management tool for the
selected population.
UNIT COST CALCULATION:
Unit Cost = 1 Service Hour
Units to be provided: 840 (approximately)
Unit Cost = $ 23.80 (rounded)
Total budget = $ 20,000
No local Match.
CONTRACT:
Application Ref # 2012-JAGC-1767
Contract-JAGC-MONR- - -
Section #4 Page 2 of 4
Rule Reference I ID-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Budget Narrative (Continued):
Monroe County will execute a contract with Samuel's House for the period of Oct 1, 2011 through
Sept 30, 2011, to cover the grant period. A copy will be sent to FDLE.
Application Ref # 2012-JAGC-1767 Section #4 Page 3 of 4
Contract -JAGC-MOLAR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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: Budget is for contracted 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: UNIT COST CALCULATION
Total budget = $ 20,000
Unit cost = 1 service hour
Total number of units = 840 (approx.)
Unit cost = 23.80 (rounded)
The unit cost calculation was provided by contracted service provider, July 2011. The
basis for the unit cost is in the budget narrative in the Project Budget section.
Application Ref #
Contract
2012-JAGC-1767
-JAGC-MONR- - -
Section #4 Page 4 of 4
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
I IN III iii
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Insert Standard Conditions Page here.
Application Ref # 2012-JAGC-1767 Section #5 Page 1 of 1
Contract-JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
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.oip.usdoi.-govMinancialquide/index.htm)
and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance
(http://www.oip.usdoi.gov/BJA/grant/ia-g.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": https://www.flrules.orA/
Office of Management and Budget (OMB) Circulars: http://www.whitehouse.-Qov/omb/circulars
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.gpoaccess.gov/cfr/index.htmi
0 28 CFR 38, "Equal Treatment for Faith -Based Organizations"
0 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local
Governments" (Common Rule)
0 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:
http://www.oip.usdoi.aov/BJA/arant/iag.html
• United States Code: http://www.gpoaccess.gov/uscode/index.html
o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles and standards for selected cost items set forth in the Office of Justice Programs
Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments
and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions."
b. All procedures employed in the use of federal funds for any procurement shall be according
SFY 2011 Page 1
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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 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.
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-one (31) days after the end of the reporting period. In addition,
if the subgrant award period is extended, additional Project Expenditure Reports shall
be submitted. 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.
(2) The Financial Closeout Documentation shall be submitted to the Department within forty-
five (45) days of the subgrant termination date.
(3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income
Reports to the Department within 31 days after the end of the reporting period covering
subgrant project generated income and expenditures during the previous quarter. If any
PGI remains unspent after the subgrant ends, the subgrant recipient must continue
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submitting quarterly PGI reports until all funds are expended. (See Item 10, Program
Income.)
c. Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to 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.
5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
7. Advance Funding
Advance funding shall be provided to a subgrant recipient upon a written request to the
Department.
8. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds.
The trust fund may or may not be an interest bearing account.
b. The account may earn interest, but any earned interest must be used for program purposes
and expended before the subgrant end date. Any unexpended interest remaining at the
end of the subgrant 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.
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10. Program Income (also known as Project Generated Income)
a. All income generated as a direct result of a subgrant project shall be deemed program
income.
b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report
to report how much PGI was earned during each quarter. A report must be submitted each
quarter even if no PGI was earned or expended.
c. PGI expenditures require prior written approval from 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.
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 consultant's rate exceeds $450 (excluding travel and subsistence costs)
for an eight -hour day. Approval shall be based upon the contract's compliance with requirements
found in the Financial Guide, the Common Rule, and in applicable state statutes. The
Department's approval of the subgrant recipient agreement does not constitute approval of
consultant contracts. If consultants are hired through a competitive bidding process (not sole
source), the $450 threshold does not apply.
12. Property Accountability
a. The subgrant recipient agrees to use all non -expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat.
b. The subgrant recipient shall establish and administer a system to protect, preserve, use,
maintain and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement according to federal property management standards set forth in
the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for
State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable.
This obligation continues as long as the subgrant recipient retains the property,
notwithstanding expiration of this agreement.
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
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b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that will be published, including web -based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following statements:
"This project was supported by Award No. [contact the Office of Criminal Justice Grants for award
number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions,
findings, and conclusions or recommendations expressed in this publication/program/exhibition
are those of the author(s) and do not necessarily reflect the views of the Department of Justice."
16. Audit
Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program -specific audit conducted for that year. The audit shall be performed in
accordance with the federal OMB Circular A-133 and other applicable federal law. The
contract for this agreement shall be identified in the Schedule of Federal Financial Assistance
in the subject audit. The contract shall be identified as federal funds passed through the
Florida Department of Law Enforcement and include the contract number, CFDA number,
award amount, contract period, funds received and disbursed. When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of §
11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat. ,
"Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local
Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit
and For -Profit Organizations."
b. A complete audit report that covers any portion of the effective dates of this agreement must
be submitted within 30 days after its completion, but no later than nine (9) months after the
audit period. In order to be complete, the submitted report shall include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is issued, unless extended in writing by the Department.
f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of 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.
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g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or written notification of audit exemption should be sent to the
following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the
subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
18. Commencement of Project
a. If a project is not operational within 60 days of the original start date of the award period, the
subrecipient must report by letter to the Department the steps taken to initiate the project, the
reasons for delay, and the expected start date.
b. If a project is not operational within 90 days of the original start date of the award period, the
subrecipient must submit a second statement to the Department explaining the
implementation delay.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re -
obligate subgrant funds to other Department approved projects. The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written adjustment to this agreement.
19. Excusable Delays
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,
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(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly.
20. Written Approval of Changes in this Approved Agreement
a. Subgrant recipients must obtain prior approval from the Department for major substantive
changes such as changes in project activities, target populations, service providers,
implementation schedules, project director, 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.
21. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes,
disagreements, or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The
subgrant recipient's right to appeal the Department's decision is contained in § 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
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made or received by the subgrant recipient or its contractor in conjunction with this
agreement.
c. The subgrant recipient will give the awarding agency or the General Accounting Office,
through any authorized representative, access to and the right to examine all paper or
electronic records related to the financial assistance.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
25. Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to the approved agreement. The prior mentioned individuals
have authority to sign or make amendments to the Sole Source, ADP Justification and the
Privacy Certification forms. The Project Director has authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief officer or elected official must submit to the
Department a letter or resolution indicating the person given signature authority. The letter
indicating delegation of signature authority must be signed by the chief officer or elected official
and the person receiving signature authority. The letter must also specify the authority being
delegated.
27. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for
the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the
Department must be notified in writing with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless otherwise provided by law, the provisions of § 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
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for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency or employee. When fingerprinting is required, the fingerprints of the employee
or applicant for employment shall be taken by the employing agency or by an
authorized law enforcement officer and submitted to the Department of Law
Enforcement for processing and forwarding, when requested by the employing agency,
to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of Law Enforcement for any costs incurred by it in the
processing of the fingerprints.
29. Drug Court Projects
A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court
Programs."
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence System
The subgrant recipient agrees that any information technology system funded or supported by 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 recipient may be fined as
per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of 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. §
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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
htti)://www.oip.usdo*.gov/about/ocr/eeor) comply htm, must be retained by the subgrant
recipient or implementing agency, and must be available for review or audit. The
organization must also submit an EEO Certification to FDLE.
c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has
received any single award of $500,000 or more from 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.
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 1), state and local government services and transportation (Title 11), public accommodations
(Title 111), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
36. National Environmental Policy Act (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
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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, for programs relating to methamphetamine laboratory operations.
c. For any of a subgrant recipient's existing programs or activities that will be funded by these
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with the Department of Justice in any preparation
by Department of Justice of a national or program environmental assessment of that funded
program or activity.
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;
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c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more.
b. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
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
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that all sub -recipients shall
certify and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Additional Restrictions on Lobbying
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of the Office of
Justice Programs.
SFY 2011 Page 12
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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 involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste from a seized laboratory's operations are placed or come to rest.
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
SFY 2011 Page 13
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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
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 Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC
3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the
Coastal Barrier Resources System.
45. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a. Have an adequate process to assess the impact of any enhancement of a school security
measure that is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken.
b. Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
46. Environmental Protection Agency's (EPA) list of Violating Facilities
The 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
SFY 2011 Page 14
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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
U.S.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.
50. Human Research Subjects
Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
51. National Information Exchange Model specifications
To support public safety and justice information sharing, the Office of Justice Programs requires
the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines
for this particular grant. Grantee shall publish and make available without restriction all schemas
generated as a result of this grant to the component registry as specified in the guidelines. For
more information on compliance with this condition, visit
http://www.niem.gov/implementationquide,php.
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.
SFY 2011 Page 15
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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. Grantee further agrees, as a condition of grant approval, to submit a Privacy
Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section
22.23.
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 oop gov/default aspx?area=policyAndPractice&page=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.
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 Organizations
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the
Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the
SFY 2011 Page 16
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
"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 htti)://www.ojp.gov/about/ocr/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 (internet-based) task
force training to be provided free of charge through BJA's Center for Task Force Integrity and
Leadership. 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).
SFY 2011 Page 17
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
Signature:
Typed Name and Title:
Date:
Typed Name of Subgrant Recipient:
Signature:
Typed Name and Title:
Date:
Typed Name of Implementing Agency:
Signature:
Typed Name and Title:
Date:
Application Ref # 2012-JAGC-1767 Section #6 Page 1 of 1
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Insert Certifications and Authorizations here.
Application Ref # 2012-JAGC-1767
Contract -JAGC-MONR- - -
Section #7 Page 1 of 1
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
CERTIFICATION FORM
Recipient Name and Address:
Grant Title:
Contact Person Name and Title:
Grant Number:
Award Amount:
Phone Number: (
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 CF.R §§ 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B, not both. if a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7" Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check as the boxes that
apply.
I,
Recipient has less than 50 employees, ❑ Recipient is an Indian tribe,
Recipient is a non-profit organization, ❑ Recipient is an educational institution, or
Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000
[responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that
[recipient] will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title Signature Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an ESOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305):
1> [responsible official], certify that
the [recipient],which has 50 or more
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of. [organization],
at [address],for review by the public and
employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations.
Print or type Name and Title
Signature
Date
OMB Approval No. 1121-0140 Expiration Date: 12/31/12
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non -procurement) and
Government -wide Requirements for Drug -Free Workplace (Grants)". The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28
CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000, as defined at 28 CFR Part 69, the applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
making of any federal grant, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal
grant or cooperative agreement;
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or an employee of Congress, or an
employee of a member of Congress in connection with this federal grant or
cooperative agreement, the undersigned shall complete and submit Standard
Form - LLL, "Disclosure of Lobbying Activities", in accordance with its instructions:
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subgrants,
contracts under grants and cooperative agreements, and subcontracts) and that all
subrecipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67, Section 67.510 -
A. The applicant certifies that it and its 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 judgement 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; and
B. Where the applicant is unable to certify to any of the statements in
this certification, he or she shall attach an explanation to this
application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
at 28 CFR Part 67 Sections 67.615 and 67.620-
A. The applicant certifies that it will or will continue to provide a drug -
free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to inform
employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
FDLE JAG Grant Application Package Lobbying, Debarment Suspension, and Drug -Free Workplace Certification
Page 1
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
(c) Making it a requirement that each employee to be engaged in the performan
of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after the conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice
under subparagraph (d) (2) from an employee or otherwise receiving actual notice
of such conviction. Employers of convicted employees must provide notice
including position title, to: Department of Justice, Office of Justice Programs,
ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice
shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
Check here _ If there are workplaces on file that are not identified
here.
Section 67.630 of the regulations provides that a grantee that is a
State may elect to make one certification in each Federal fiscal year.
A copy of which should be included with each application for
Department of Justice funding. States and State agencies may elect
to use OJP Form 4061/7.
Check here _ If the State has elected to complete OJP Form
4061/7.
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
at 28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant, I certify that I will not engage in the
unlawful manufacture, distribution, dispensing, possession, or use of
a controlled substance in conducting any activity with the grant; and
B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation
performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the
conviction, in writing, within 10 calendar days of the conviction, to:
Place of Performance (Street address, city, county, state, zip code) Department of Justice, Office of Justice Programs, ATTN: Control
Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
1. Grantee Name and Address: Monroe County
2. Project Name: Samuel's House: Women in Transition/Court-Mandated Services and Substance Abuse Case Moment
3. Typed Name and Title of Authorized Representative: Roman Gastesi, County Administrator
4. Signature:
5. Date:
FDLE JAG Grant Application Package Lobbying, Debarment Suspension and Drug -Free Workplace Certification
Page 2
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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
Chief Financial Officer
Name:
Danny Kolhage
Title:
Clerk
Address:
500 Whitehead Street
City:
Key West
State:
FL Zip: 33040
Phone:
305-292-3550 Ext:
Fax:
305-295-3663
Email: dkolhage@monroe-clerk.com
Application Ref # 2012-JAGC-1768 Section #1 Page 1 of 2
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
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-fl.gov
Application Ref # 2012-JAGC-1768 Section #1 Page 2 of 2
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Project Information
Project Title: HERON-PEACOCK:PREVENTING RECIDIVISM FOR ADULTS WITH
MENTAL ILLNESS TO INCARCERATION AND SUBSTANCE ABUSE
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
The proposed project, Supported Housing to Prevent Recidivism or the Diversion of Adults with
Mental Illness and Substance Abuse will provide housing and supportive services to men and
women who are mentally ill, with a history of incarceration and substance abuse. We will also
monitor and educate all program clients in order to promote successful recovery, prevent drug
abuse and re -incarceration.
Jails, prisons, and streets have now become the alternatives to therapeutic programs. A May 13,
2010 article in the Boston Examiner reviewed a recent report entitled "More Mentally III Persons
are in Jails and Prisons than Hospitals: A Survey of the States". The article notes, "For every one
mentally ill person in a hospital in the U.S., there are more than three in prisons". The report itself
was a joint effort of the Treatment Advocacy Center and the National Sheriffs Association, and
also asserts that 16% of those in prison have a serious mental illness. This compares to a 1983
finding when the percentage was 6.4%. Thus in less than three decades, the percentage of
mentally ill prisoners has almost tripled.
In a recent Key West Citizen article, Monroe County Sheriff Bob Peryam, stated that in the
Monroe County Correctional Facility that "we're looking at reducing the population of folks with
mental health issues, drug or alcohol issues, or homeless issues. Many of these people do not
need to be in jail." In fact, data provided by the Guidance Care Center of the Keys indicates that:
1) the majority of people with mental illness are low-level, non-violent offenders who are exhibiting
in public symptoms of untreated mental illness. 2) Monroe County Detention Center reports that
80+% of those arrested have substance abuse problems. 3) There were 1,442 substance abuse
related bookings in FY 2007-08 in Monroe County. Incarceration of a mentally ill person is
considerably more expensive than it is for the average offender, since during incarceration; these
offenders need ongoing mental health treatment and greater supervision. Intensive supervision is
needed to prevent suicide attempts while in jail, ensure medication management/compliance and
to prevent victimization by the other prisoners.
By releasing them into our community based offender supportive housing program, clients will
have a safe residence and support services necessary to recovery and, hopefully, not returning to
the criminal justice system. What is needed is stable housing, support, and safe transportation to
a recovery program in place before release. These services are provided in Monroe County
through Heron -Peacock Supported Living. It has been shown that once people have housing they
are more receptive to participating in other programs to deal with mental health and substance
abuse issues. For example, a Peacock Apartments client had left the program but relapsed and
was arrested and briefly incarcerated in another county. She requested to return to Peacock and
said that she "wanted to come home" where she could re -start her recovery. In addition, the
supportive services we use address mental health issues, improve life skills and develop a
treatment program that enables clients to remain clean and sober, and become a
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Contract -JAGC-MONR- - -
Section #2 Page 1 of 6
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
productive member of our community. In fact, this past two years nine formerly incarcerated
clients were among those that moved from our program to independence in the community.
Heron -Peacock not only offers a more effective recovery environment than alternatives such as
homelessness, correctional institutions, and State psychiatric hospitals, they are considerably
more cost effective. For example, information provided by the Monroe County Sheriffs Office
indicates that it costs approximately $85.00 a day to maintain a prisoner in the County Jail. In
addition, the daily cost of a stay at FL Northeast State Psychiatric Hospital is approximately
$233.00. By contrast the average cost per day for our programs is $43.43 (FY 2011). H-P
reduces these financial impacts by giving clients the opportunity to live as independently as
possible in a safe environment and equipping them with the tools they need for recovery.
B. Problem Significance:
As described above there is a critical need to address the problems of widespread, ineffective,
and often unnecessary incarceration of people who have mental illness and who have a dual
diagnosis of substance abuse. (For example, the mentally ill are often incarcerated for minor
misdemeanor crimes such as trespassing and loitering, which can be a result of their illness. They
may not understand the charges against them, and some are incompetent to stand trial.) This
hurts the criminal justice system and the taxpayers by overcrowding correctional facilities and
presenting inmates who have difficult problems and need specialized and/or expensive. It can
also harmfully affect a person with mental illness to the extent that they may never recover and
will suffer the "revolving door" cycle of drug and alcohol abuse, possible homelessness, and
returning to incarceration. Many of our severe and chronic mentally ill live on a $550 a month
disability check which cannot pay for housing in Monroe County. Our non-profit is the only
provider of transitional and permanent supportive housing for this population in the Florida Keys.
Finally, we are helping to repair human lives that have experienced profound pain, anguish,
possible indignities, hunger, addiction and loneliness.
C. Needs Assessment:
The problem of incarceration of adults with mental illness and substance abuse, especially those
who are not major offenders, is very serious and is growing. According to the Strategic Plan
developed by the Monroe County Criminal Justice Mental Health/Substance Abuse Diversion
Planning Council (MCJMHSA), current estimates suggest that as many as 700,000 of adults
entering jails each year have active symptoms of mental illness and three-quarters of these
individuals meet criteria for a co-occurring addictive disorder (Gains, 2001). Almost all jail inmates
with co-occurring mental illness and substance use disorders will leave correctional settings and
return to the community. In addition, Monroe County is considered to be an area of critical need
with inadequate resources, to meet the requirements of a disproportionately high percentage of
individuals with Mental Illness or Co -Occurring Disorders, in need of services. Monroe County
has the third highest incarceration rate in the State of Florida. The Homeless rate in Monroe
County is the one of the highest per capita, in the State of Florida. There is only one Assisted
Living Facility with a Mental Health License serving a total of 16 low-income clients (the Heron)
and only one housing facility with a total of 29 beds willing to take individuals with serious mental
illnesses and substance abuse (Peacock Apartments). In addition, the 2009 study showed that
outreach, intake, and assessment were one of the top two areas of unmet need for the homeless.
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In fact, the problems of inappropriate incarceration and its link to homelessness have become so
epidemic that the federal Substance Abuse and Mental Health Services Administration (SAMHSA)
has identified major initiatives "to divert individuals with mental illness from the criminal justice
system to mental health treatment and appropriate supported services".
Heron -Peacock Supported Living is the only supported living program of its kind in the Florida
Keys for people with a history of mental illness.
Project Summary (Scope of Work)
The United States Fellowship of Florida d/b/a Heron -Peacock Supported Living proposes the
project entitled Supported Housing to Prevent Recidivism or Diversion of Adults with Mental
Illness & Substance Abuse. This initiative will focus on decreasing clients' return to
homelessness and incarceration or re -incarceration in correctional facilities by providing
competent referral and intake services, provision of housing and activities to stabilize their
situation and help them with recovery and assistance with obtaining benefits e.g. Social Security
income, and a supported employment program to ensure that clients have resources so that they
will have income to sustain them and enable clients to function on their own and prevent repeat
incarceration.
In short, our housing and supported services help people with mental illness and a history of
incarceration to obtain residential, personal, and financial stability to become self-reliant; live
successfully and independently in the community; and prevent recidivism.
The spectrum of clients in the program includes men and women, 18 years of age and older from
all backgrounds and demographic groups who may have mental health difficulties and concurrent
problems with drugs or alcohol and have been incarcerated. Heron -Peacock operates two
facilities, Peacock Apartments located in Key West (Lower Keys), offering independent living with
supportive services for up to 31 adults. In Marathon the Heron, a licensed Assisted Living Facility
(ALF) provides housing with more intensive support, for up to 16 adults with chronic or severe
mental illness.
Support services include stable housing, medication management and supervision, drug
screening testing and counseling, referrals to other providers for psychiatric consultations,
prescriptions, medical and dental care and related services. Transportation, life skill development,
supported employment, and recreational outings are other activities. Other services may include
assistance with personal grooming, food service, and help with daily activities such as shopping,
banking, etc.; and 24-hour staff support.
Both facilities offer educational programs, skills development, supported employment, and other
constructive activities, augmented by the Personal Growth Center (PGC) operated by the
Guidance Care Center in Marathon. Clients also receive assistance with applying for and
obtaining benefits such as Social Security Programs. They may also seek assistance with client
fees from the stabilization fund provided through a Challenge Grant. Currently we are serving
As of May 30, 2011 we have 41 clients in residence (87% occupancy), of which 19 meet the
criteria for this program. Therefore 46% of present clients fall into the target population of the
proposed project, adults with a history of incarceration and dual
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Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
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Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
diagnoses of mental illness and substance abuse. This is the group that will be served by our
project. Though we have been successful in helping clients find permanent housing, the number
of incoming clients in this target population is increasing.
OBJECTIVE:
To prevent recidivism of clients with a history of incarceration or referral as an alternative to
incarceration
Activities:
1. Intake and Referral Services
The Site Manager and Team Leader will use the intake and referral process to facilitate entry into
the Heron -Peacock Supported Living Program of people referred with a history of arrest and
incarceration, and have a diagnosis of mental illness. Actions include initial contact with applicant,
review of the referral for suitability and agreement of the applicant to accept program goals and
policies, conducting background checks and excluding those with a history of violence, non-
compliance with medications and other inappropriate behaviors, determining ability to pay client
fees: and attempting to assist with this. The person applying is then accepted or not accepted into
the program.
2. Provision of stable housing and supported services
Clients are provided with housing at Heron or Peacock, assessed through use of a personal
wellness plan, appropriate supportive services are identified and implemented;
OBJECTIVE
Drug abuse prevention and intervention
Activities:
1. Drug and Alcohol Testing
The project will provide individual assessment and regular monitoring, drug and alcohol testing
and program and treatment referrals to address and reduce problems of substance abuse. Staff
will determine if the applicant has a history of substance abuse and discuss what the problems
are. During this process clients are advised that the program does not permit drug or alcohol use
and this can be grounds for discharge. Clients are drug and alcohol tested randomly on a monthly
basis and immediately for cause. If someone tests positive they are counseled by staff and must
agree in writing to participate in a 90-day program during which they are tested weekly and
participate in recovery treatment through a program such as AA or through counseling from a
recovery and treatment professional. After the initial test the client is given two more chances. A
positive test twice more during the 90 days results in discharge from the program. This approach
is unique and has been proven to be more effective than programs that discharge offenders after
one positive test. Professionals in the field regard our program as a best practice since it
assumes that people with substance abuse problems are likely to relapse and need help not
punishment.
2. Recovery and Wellness
This addresses all three areas of need, mental health, drug abuse, and incarceration and includes
activities directed at getting clients better and able to achieve the highest degree of independence
possible and community integration. It will decrease their likelihood of being arrested and
returning to incarceration and assist in their resistance to abuse drugs and alcohol since they will
have a stable and viable lifestyle. Methods of support include stabilization, entry, and continuation
in the program, Wellness Recovery
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Contract -JAGC-MONR- - -
Section #2 Page 4 of 6
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Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Action Plan (WRAP), supported employment, and related activities.
Heron -Peacock staff will provide the services including referrals to treatment programs and
medical personnel. Staff members working with the project include the Program Director, Site
Manager, Full-time Support Worker, and a Part -Time Support Worker. Funding for a portion of
these positions is included in the program budget.
We are currently partnering with several local organizations and agencies in coordinating services
to the target population. This includes Guidance Care Center of Monroe County, the Crisis
Stabilization Unit at De Poo Hospital, Pre -Trial Services and the Court System, including the
Public Defender's Office, and the Monroe County Jail Diversion Program, and Samuel's House.
The supplies requested for the project are drug testing kits and sterile gloves.
Application Ref # 2012-JAGC-1768
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Section #2 Page 5 of 6
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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-1768
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Section #2 Page 6 of
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Performance Info:
Performance Reporting Frequency: Quarterly
Federal Purpose Area: 003 - Prevention and Education Programs
State Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State
Initiatives
Activity Description
Activity: Counseling
Target Group: Drug Offenders
Geographic Area: Rural
Location Type: Community -based organization
Activity Description
Activity:
Counseling
Target Group:
Mentally III
Geographic Area: Rural
Location Type:
Community -based organization
Activity Description
Activity:
Case Management
Target Group:
Drug Offenders
Geographic Area: Rural
Location Type:
Community -based organization
Activity Description
Activity:
Case Management
Target Group:
Mentally III
Geographic Area: Rural
Location Type:
Community -based organization
Activity Description
Activity:
Drug Testing
Target Group:
Drug Offenders
Geographic Area: Rural
Location Type:
Community -based organization
Application Ref # 2012-JAGC-1768 Section #3 Page 1 of 5
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Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Activity Description
Activity: Substance Abuse Treatment
Target Group: Drug Offenders
Geographic Area: Rural
Location Type: Community -based organization
Activity:
Target Group:
Geographic Area
Location Type:
Activity Description
Job Readiness Training
Drug Offenders
Rural
Community -based organization
Activity Description
Activity: Job Readiness Training
Target Group: Mentally III
Geographic Area: Rural
Location Type: Community -based organization
Activity Description
Activity: Intake and Screening
Target Group: Drug Offenders
Geographic Area: Rural
Location Type: Community -based organization
Activity Description
Activity: Intake and Screening
Target Group: Mentally III
Geographic Area: Rural
Location Type: Community -based organization
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: 19
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Contract -JAGC-MONR- - -
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Measure: Part 2
Number of program participants to receive services during each reporting period
Goal: 5
Objective: 04.A.DS* - Number of defined groups receiving services
Measure: Part 1
Total number of defined groups to receive services during the grant period
Goal: 1
Measure: Part 2
Number of defined groups to receive services each reporting period
Goal: 1
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: 19
Measure: Part 2
Number of program slots to be created during the grant period using funds from this
grant
Goal: 19
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: 19
Measure: Part 2
Number of program participants who will exit services during the grant period
(complete or not complete)
Goal: 19
Objective: 07.A.BT* - Number of defined groups that completed programming
Measure: Part 1
Number of defined groups to complete services during the grant period
Goal: 1
Measure: Part 2
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Contract -JAGC-MONR- - -
Section #3 Page 3 of 5
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
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Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Number of defined groups that will exit services during the grant period (complete or
not)
Goal: 1
on Ref # 2012-JAGC-1768
Contract -JAGC-MONR- - -
Section #3 Page 4 of 5
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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-1768
Contract -JAGC-MONR- - -
Section #3 Page 5 of
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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
$29,859.00
$0.00
$29,859.00
Expenses
$0.00
$0.00
$0.00
Operating Capital
$0.00
$0.00
$0.00
Outlay
Indirect Costs
$0.00
$0.00
$0.00
-- Totals --
$29,859.00
$0.00
$29,859.00
Percentage
100.0
0.0
100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref # 2012-JAGC-1768 Section #4 Page 1 of 3
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Rule Reference 11 D-9.006 GCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Budget Narrative:
TOTAL BUDGET: $ 29,859
Salaries and Benefits:
Site Manager: 8,725
Team Leader: 8,936
FT Support Worker: 7,555
PT Support Worker: 3,643
Sub -total Sal/Ben: 28,859
Expenses:
Drug Test Kits and Gloves
1,000
TOTAL: $29,859
UNIT COST CALCULATION:
Heron -Peacock will provide approximately 1,800 hours of services to clients. The service will
include: assessments, case management, drug testing, substance abuse counseling and recovery
services.
Unit: 1 Service hour
Units to be provided: 1,800 (approximately)
Unit Cost: 16.59 (rounded)
Unit cost provided by contracted service provider July 2011.
No local match.
CONTRACT:
Monroe County will execute a contract with US Fellowship DBA Heron -Peacock Supported Living
for the period of Oct 1, 2011 thru Sept 30, 2011 to cover the grant period. A copy of the executed
contract will be sent to FDLE.
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Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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: Services provided by contracted provider.
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: Unit cost = 1 service hour
Total units = 1,800 (approximately)
Unit cost = 16.59 (rounded)
Total budget = $29,859
Unit cost provided by contracted provider, July 2011. The basis for unit cost is
provided in the budget narrative in the Project Budget section.
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Contract -JAGC-MONR- - -
Section #4 Page 3 of
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Sec
Insert Standard Conditions Page here.
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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.
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.oip.usdoi.pov/financialquide/index.htm)
and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance
(http://www.oip.usdoi.gov/BJA/grantliaci.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 11 D-9, "Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program": https://www.flrules.org
Office of Management and Budget (OMB) Circulars: http://www.whitehouse.gov/omb/circulars
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.-qpoaccess.gov/cfr/index.html
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:
http://www.oip.usdoo.gov/BJA/arant/iaa.html
• United States Code: http://www.gpoaccess.gov/uscode/index.htmi
o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles and standards for selected cost items set forth in the Office of Justice Programs
Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments
and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions."
b. All procedures employed in the use of federal funds for any procurement shall be according
SFY 2011 Page 1
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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 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.
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-one (31) days after the end of the reporting period. In addition,
if the subgrant award period is extended, additional Project Expenditure Reports shall
be submitted. 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.
(2) The Financial Closeout Documentation shall be submitted to the Department within forty-
five (45) days of the subgrant termination date.
(3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income
Reports to the Department within 31 days after the end of the reporting period covering
subgrant project generated income and expenditures during the previous quarter. If any
PGI remains unspent after the subgrant ends, the subgrant recipient must continue
SFY 2011 Page 2
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
submitting quarterly PGI reports until all funds are expended. (See Item 10, Program
Income.)
c. Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to 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.
Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
7. Advance Funding
Advance funding shall be provided to a subgrant recipient upon a written request to the
Department.
8. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds.
The trust fund may or may not be an interest bearing account.
b. The account may earn interest, but any earned interest must be used for program purposes
and expended before the subgrant end date. Any unexpended interest remaining at the
end of the subgrant 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.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
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10. Program Income (also known as Project Generated Income)
a. All income generated as a direct result of a subgrant project shall be deemed program
income.
b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report
to report how much PGI was earned during each quarter. A report must be submitted each
quarter even if no PGI was earned or expended.
c. PGI expenditures require prior written approval from 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.
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 consultant's rate exceeds $450 (excluding travel and subsistence costs)
for an eight -hour day. Approval shall be based upon the contract's compliance with requirements
found in the Financial Guide, the Common Rule, and in applicable state statutes. The
Department's approval of the subgrant recipient agreement does not constitute approval of
consultant contracts. If consultants are hired through a competitive bidding process (not sole
source), the $450 threshold does not apply.
12. Property Accountability
a. The subgrant recipient agrees to use all non -expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat.
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
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b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that will be published, including web -based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following statements:
"This project was supported by Award No. [contact the Office of Criminal Justice Grants for award
number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions,
findings, and conclusions or recommendations expressed in this publication/program/exhibition
are those of the author(s) and do not necessarily reflect the views of the Department of Justice."
16. Audit
a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program -specific audit conducted for that year. The audit shall be performed in
accordance with the federal OMB Circular A-133 and other applicable federal law. The
contract for this agreement shall be identified in the Schedule of Federal Financial Assistance
in the subject audit. The contract shall be identified as federal funds passed through the
Florida Department of Law Enforcement and include the contract number, CFDA number,
award amount, contract period, funds received and disbursed. When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of §
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 management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is issued, unless extended in writing by the Department.
Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this
case, written notification, which can be in the form of the "Certification of Audit Exemption"
form, shall be provided to the Department by the Chief Financial Officer, or designee, that the
subgrant recipient is exempt. This notice shall be provided to the Department no later than
March 1 following the end of the fiscal year.
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g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or written notification of audit exemption should be sent to the
following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the
subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
18. Commencement of Project
a. If a project is not operational within 60 days of the original start date of the award period, the
subrecipient must report by letter to the Department the steps taken to initiate the project, the
reasons for delay, and the expected start date.
b. If a project is not operational within 90 days of the original start date of the award period, the
subrecipient must submit a second statement to the Department explaining the
implementation delay.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re -
obligate subgrant funds to other Department approved projects. The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written adjustment to this agreement.
19. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
reason of any failure in performance of this agreement according to its terms (including any
failure by the subgrant recipient to make progress in the execution of work hereunder which
endangers such performance) if such failure arises out of causes beyond the control and
without the fault or negligence of the subgrant recipient. Such causes include, but are not
limited to, acts of God or of the public enemy, acts of the government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
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(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly.
20. Written Approval of Changes in this Approved Agreement
a. Subgrant recipients must obtain prior approval from the Department for major substantive
changes such as changes in project activities, target populations, service providers,
implementation schedules, project director, 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.
21. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes,
disagreements, or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The
subgrant recipient's right to appeal the Department's decision is contained in § 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
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made or received by the subgrant recipient or its contractor in conjunction with this
agreement.
c. The subgrant recipient will give the awarding agency or the General Accounting Office,
through any authorized representative, access to and the right to examine all paper or
electronic records related to the financial assistance.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
25. Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to the approved agreement. The prior mentioned individuals
have authority to sign or make amendments to the Sole Source, ADP Justification and the
Privacy Certification forms. The Project Director has authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief officer or elected official must submit to the
Department a letter or resolution indicating the person given signature authority. The letter
indicating delegation of signature authority must be signed by the chief officer or elected official
and the person receiving signature authority. The letter must also specify the authority being
delegated.
27. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for
the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the
Department must be notified in writing with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless otherwise provided by law, the provisions of § 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
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for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency or employee. When fingerprinting is required, the fingerprints of the employee
or applicant for employment shall be taken by the employing agency or by an
authorized law enforcement officer and submitted to the Department of Law
Enforcement for processing and forwarding, when requested by the employing agency,
to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of Law Enforcement for any costs incurred by it in the
processing of the fingerprints.
29. Drug Court Projects
A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court
Programs."
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence System
The subgrant recipient agrees that any information technology system funded or supported by 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 recipient may be fined as
per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of 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. §
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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.o*p.usdog.gov/about/ocr/eeop comply.htm, must be retained by the subgrant
recipient or implementing agency, and must be available for review or audit. The
organization must also submit an EEO Certification to FDLE.
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.
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 1), state and local government services and transportation (Title 11), public accommodations
(Title 111), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
36. National Environmental Policy Act (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
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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, for programs relating to methamphetamine laboratory operations.
c. For any of a subgrant recipient's existing programs or activities that will be funded by these
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with the Department of Justice in any preparation
by Department of Justice of a national or program environmental assessment of that funded
program or activity.
37. Non -Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And
Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall
not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless
authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and
implementing agency certify that they and their principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department or agency;
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;
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c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more.
b. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
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
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that all sub -recipients shall
certify and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Additional Restrictions on Lobbying
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of the Office of
Justice Programs.
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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 involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste from a seized laboratory's operations are placed or come to rest.
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
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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
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 Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC
3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the
Coastal Barrier Resources System.
45. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
a. Have an adequate process to assess the impact of any enhancement of a school security
measure that is undertaken on the incidence of crime in the geographic area where the
enhancement is undertaken.
b. Conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment in its Final Program Report.
46. Environmental Protection Agency's (EPA) list of Violating Facilities
The 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
SFY 2011 Page 14
Edward Bvrne Memorial Justice Assistance Grant (JAG) Prociram
Florida Department of Law Enforcement
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
U.S.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.
50. Human Research Subjects
Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
51. National Information Exchange Model specifications
To support public safety and justice information sharing, the Office of Justice Programs requires
the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines
for this particular grant. Grantee shall publish and make available without restriction all schemas
generated as a result of this grant to the component registry as specified in the guidelines. For
more information on compliance with this condition, visit
http://www.niem.gov/implementationguide.php.
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.
SPY 2011 Page 15
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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. Grantee further agrees, as a condition of grant approval, to submit a Privacy
Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section
22.23.
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 htti)://www.it.oip.gov/default.aspx?area=policyAndPractice&page=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.
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 Organizations
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the
Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the
SFY 2011 Page 16
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
"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 htto://www.ojp.gov/about/ocr/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 (internet-based) task
force training to be provided free of charge through BJA's Center for Task Force Integrity and
Leadership. 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).
SFY 2011 Page 17
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
Signature:
Typed Name and Title:
Date:
Typed Name of Subgrant Recipient:
Signature:
Typed Name and Title:
Date:
Implementing Agency
Official, Administrator or Designated Representative
Typed Name of Implementing Agency:
Signature:
Typed Name and Title:
Date:
Application Ref # 2012-JAGC-1768 Section #6 Page 1 of 1
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Insert Certifications and Authorizations here.
Application Ref # 2012-JAGC-1768 Section #7 Page 1 of 1
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
CERTIFICATION FORM
Recipient Name and Address:
Grant Title:
Contact Person Name and Title:
Grant Number:
Award Amount:
Phone Number: (
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 71h Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that
apply.
❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe,
❑ Recipient is a non-profit organization, ❑ Recipient is an educational institution, or
Cl Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000
I, [responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. I further certify that
[recipient] will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title Signature Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305):
I, [responsible official], certify that
the [recipient],which has 50 or more
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: [organization],
at [address],for review by the public and
employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations.
Print or type Name and Title
Signature
Date
OMB Approval No. 1121-0140 Expiration Date: 12/31/12
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non -procurement) and
Government -wide Requirements for Drug -Free Workplace (Grants)". The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28
CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000, as defined at 28 CFR Part 69, the applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
making of any federal grant, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal
grant or cooperative agreement;
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or an employee of Congress, or an
employee of a member of Congress in connection with this federal grant or
cooperative agreement, the undersigned shall complete and submit Standard
Form - LLL, "Disclosure of Lobbying Activities', in accordance with its instructions;
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subgrants,
contracts under grants and cooperative agreements, and subcontracts) and that all
subrecipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67, Section 67.510 -
A. The applicant certifies that it and its 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 judgement 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; and
B. Where the applicant is unable to certify to any of the statements in
this certification, he or she shall attach an explanation to this
application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
at 28 CFR Part 67 Sections 67.615 and 67.620-
A. The applicant certifies that it will or will continue to provide a drug -
free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to inform
employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
FDLE JAG Grant Application Package Lobbying Debarment, Suspension, and plug -Free Workplace Certification
Page 1
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
(c) Making it a requirement that each employee to be engaged in the performance
Of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after the conviction:
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice
under subparagraph (d) (2) from an employee or otherwise receiving actual notice
of such conviction. Employers of convicted employees must provide notice
including position title, to: Department of Justice, Office of Justice Programs,
ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice
shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal
State, or local health, law enforcement, or other appropriate agency;
(9) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
Check here _ if there are workplaces on file that are not identified
here.
Section 67,630 of the regulations provides that a grantee that is a
State may elect to make one certification in each Federal fiscal year.
A copy of which should be included with each application for
Department of Justice funding. States and State agencies may elect
to use OJP Form 4061/7.
Check here _ if the State has elected to complete OJP Form
4061 /7.
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
at 28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant, I certify that I will not engage in the
unlawful manufacture, distribution, dispensing, possession, or use of
a controlled substance in conducting any activity with the grant; and
B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation
performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the
conviction, in writing, within 10 calendar days of the conviction, to:
Place of Performance (Street address, city, county, state, zip code) Department of Justice, Office of Justice Programs, ATTN: Control
Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531,
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
1. Grantee Name and Address: Monroe County
2. Project Name: Heron -Peacock: Preventing Recidivism for Adults with Mental Illness to Incarceration and Substance Abuse
3. Typed Name and Title of Authorized Representative: Roman Gastesi, County Administrator
4. Signature:
5. Date:
FDLE JAG Grant Application Package Lobbying, Debarment Suspension, and Drug Free Workplace Certification
Page 2
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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
Chief Financial Officer
Name:
Danny Kolhage
Title:
Clerk
Address:
500 Whitehead Street
City:
Key West
State:
FL Zip: 33040
Phone:
305-292-3550 Ext:
Fax:
305-295-3663
Email: dkolhage@monroe-clerk.com
Application Ref # 2012-JAGC-1770 Section #1 Page 1 of 2
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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-fl.gov
Application Ref # 2012-JAGC-1770
Contract -JAGC-MONR- - -
Section #1 Page 2 of 2
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Project Information
Project Title: FKOC: SUBSTANCE ABUSE EDUCATION AND RELAPSE
PREVENTION 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
a. There is a clear and undisputed relationship between homelessness and substance abuse.
Addiction very often precipitates, causes, and sustains homelessness; particularly, chronic
homelessness.
The relationship of alcohol and drug use to homelessness is reciprocal, in that it is very difficult for
individuals with limited financial resources to remain in housing when much
of their money is spent on substances, and it is difficult for individuals to focus on treatment for
alcohol and drug abuse when their basic survival needs for shelter and food are only
precariously met.
Alcohol and substance abuse prevention and education programs are essential components in
helping individuals heal from the underlying causes of their homelessness and attain lives of
sobriety, independence and self-sufficiency as contributing members of society.
b. Last year, 87% of homeless adults admitted to FKOC's Transitional Housing Programs were
dealing with alcohol/or other substance abuse issues. Many have a history with the criminal
justice system. 25% of those admitted to the FKOC program listed "jail" as their previous address.
32% were "chronically homeless", that they are an unaccompanied homeless individual with a
disabling condition who has either been continuously homeless for a year or more, or has had at
least four episodes of homelessness in the past three years.
Clearly alcohol and substance abuse is a significant problem and important factors that influence
an individual's ability to overcome homelessness. Given the co -occurrence of substance abuse
and homelessness, the theoretical reciprocal causality of substance abuse and homelessness,
and the personal costs to homeless individuals and our community at large related to law
enforcement, incarceration, medical care, and quality of life; the FKOC believes alcohol and
substance abuse prevention and education are essential components to helping individuals
recover from their addictions and homelessness. For most, residential and economic stability and
self-sufficiency cannot be achieved without sobriety.
c. The homeless population in Monroe County is the highest per capita in the State of Florida. A
point -in -time survey conducted county -wide in Monroe in January 2011 indicated that 1,287
individuals were homeless in the Keys on a given day.
Of the 271 clients admitted to FKOC Transitional Housing in 2010, 235 individuals (87%)were in
early recovery from alcohol and/or substance abuse. 83% of total clients completed the
Transitional Housing program clean and sober and exited to permanent housing.
Application Ref # 2012-JAGC-1770
Contract -JAGC-MONR- - -
Section #2 Page 1 of 3
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Project Summary (Scope of Work)
Transitional Housing with Supportive Services: The Florida Keys Outreach Coalition understands
that homelessness is not just the result of a lack of housing, but rather most often involves a very
complex set of inter -related circumstances and requires a comprehensive and holistic approach to
its prevention and elimination.
With that recognition, the FKOC Transitional Housing Program provides a wide array of essential
supportive services that go far beyond merely offering food, hygiene and shelter; concentrating in
particular on the special needs of homeless adults recovering from alcohol and substance abuse.
FKOC's Transitional Housing Program includes 122-beds in five facilities for unaccompanied men
and women, single parents with children, and families.
Supportive services include:
* Intensive individualized case management providing clients with consultation, support, crises
intervention, advocacy and links to community and mainstream resources.
* Life skills classes and enrichment programs
* Assistance obtaining employment within two weeks of admission
* Health education and screenings
* Parenting classes
* Onsite children?s activities program
* Assistance accessing childcare
* Nutritional education & healthy meals
* Spiritual counseling
* Family reunification
And;
Substance Abuse Education and Relapse Prevention: FKOC's program is based on the twelve
steps of AA and focuses on the fundamentals of recovery.
Clients are tested daily on -site for drug and alcohol use and are required to attend A/A or N/A
meetings for the first 90-days in the program and then as deemed appropriate by their case
manager, sponsor and/or professional counselor.
Tests detect the use of alcohol, cocaine, THC, Amphetamines, benzodiazepine, opiates and
oxycodone.
FKOC will purchase testing supplies and administer a minimum of 4,274 alcohol/drug tests
between October 1, 2011 and September 30, 2012.
Application Ref # 2012-JAGC-1770 Section #2 Page 2 of 3
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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-1770 Section #2 Page 3 of
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Performance Info:
Performance Reporting Frequency: Quarterly
Federal Purpose Area: 003 - Prevention and Education Programs
State Purpose Area: E - Equipment Supplies - Purchase Equipment/Supplies
Activity Description
Activity: Equipment and Supplies
Target Group: Equipment and Supplies
Geographic Area: Rural
Location Type: Community -based organization
Address(es) :
FKOC Neece Center for Homeless Recovery
2221 Patterson Avenue
Key West, FL 33040
Objectives and Measures
Objective: 25.E.Sl - Amount of funds expended on equipment and/or supplies
Measure: Part 1
Amount of funds to be expended to purchase equipment and/or supplies
Goal: 5,000
Objective: 52.E.Sl - Number of equipment items purchased with JAG funds by type of
equipment
Measure: Part 16
How many other pieces of equipment or supplies will be purchased?
Goal: 4274
Application Ref # 2012-JAGC-1770 Section #3 Page 1 of 2
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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-1770 Section #3 Page 2 of 2
Contract -JAGC-MONR- - -
Rule Reference 11 D4006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Financial Info:
Note: All financial remittances will be sent to the Chief Financial Officer
of the Subgrantee Organization,
Financial Reporting Frequency for this Subgrant: Quarterly
Is the subgrantee a state agency?: No
FLAIR 1 Vendor Number: 596000749
Budget:
Budget Category
Federal
Match
Total
Salaries and Benefits
$0.00
$0.00
$0.00
Contractual Services
$5,000.00
$0.00
$5,000.00
Expenses
$0.00
$0.00
$0.00
Operating Capital
$0.00
$0.00
$0.00
Outlay
Indirect Costs
$0.00
$0.00
$0.00
-- Totals -- $5,000.00 $0.00 $5,000.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI) ? No
Application Ref # 2012-JAGC-1770 Section #4 Page 1 of 3
Contract -JAGC-MONR- - -
Rule Reference I ID-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Budget Narrative:
TOTAL BUDGET: 5,000
Budget is only for Expenses.
Expense: 4,274 Drug Tests totalling $5,000
BUDGET NARRATIVE:
The following types and numbers of tests will be purchased:
Alcohol test 624 @1.00 per unit $ 624.00
Cocaine test 900 @1.14 per unit $1,026.00
THC test 750 @1.14 per unit $ 855.00
Benzo test 750 @1.14 per unit $ 855.00
Opiate test 500 @1.14 per unit $ 570.00
Amphetemine test 500 @1.14 per unit $ 570.00
Oxycodone/contin test 250 @2.00 per unit $ 500.00
Total cost= $5,000.00
UNIT COST CALCULATION:
Unit cost ranges from 1.00 to 2.00 based on type of test; 4,274 total tests will be purchased; a
breakdown of numbers and types of tests to be purchased are indicated above.
No match.
CONTRACT:
Monroe County will execute a contract with Florida Keys Outreach Coalition 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 Ref # 2012-JAGC-1770
Contract -JAGC-MONR- - -
Section #4 Page 2 of 3
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Section Questions:
Question: If salaries and benefits are included in the budget as actual costs for staff in the
implementing agency, is there a net personnel increase, or a continued net personnel
increase from the previous Byrne program?
Answer: NA
Question: If benefits are to be included, are they reflected in the budget narrative?
Answer: NA
Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or
implementing agency, if it is the sheriffs office.
Answer: 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: The unit cost is the cost of a single drug test.
The unit cost ranges from $1.00 to $2.00 depending upon the type of test.
A total of 4,274 drug tests will be purchased for $5,000.
The breakdown of types of tests and unit costs for each type of test are provided in
the budget narrative of Project Budget section.
The unit cost was provided in July 2011 by the contracted service provider, Florida
Keys Outreach Coalition.
Application Ref # 2012-JAGC-1770
Contract -JAGC-MONR- - -
Section #4 Page 3 of 3
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Mel
Insert Standard Conditions Page here.
Application Ref # 2012-JAGC-1770 Section #5 Page 1 of 1
Contract -JAGC-MONR- - -
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
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.
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.oip.usdoi.gov/financialguide/index.htm)
and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance
(http://www.oip.usdoi.gov/BJA/grant/iag.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": https://www.flrules.org/
Office of Management and Budget (OMB) Circulars: http://www.whitehouse.gov/omb/circulars
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.gpoaccess.ciov/cfr/index.html
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:
http://www.oip.usdoi.gov/BJA/grant/iaa.html
• United States Code: http://www.gpoaccess.gov/uscode/index.htmi
o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general
principles and standards for selected cost items set forth in the Office of Justice Programs
Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments
and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal
Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions."
b. All procedures employed in the use of federal funds for any procurement shall be according
SFY 2011 Page 1
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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 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.
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-one (31) days after the end of the reporting period. In addition,
if the subgrant award period is extended, additional Project Expenditure Reports shall
be submitted. 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.
(2) The Financial Closeout Documentation shall be submitted to the Department within forty-
five (45) days of the subgrant termination date.
(3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income
Reports to the Department within 31 days after the end of the reporting period covering
subgrant project generated income and expenditures during the previous quarter. If any
PGI remains unspent after the subgrant ends, the subgrant recipient must continue
SFY 2011 Page 2
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
submitting quarterly PGI reports until all funds are expended. (See Item 10, Program
Income.)
c. Other Reports
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
4. Fiscal Control and Fund Accounting Procedures
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget as approved by the Department.
b. All expenditures and cost accounting of funds shall conform to 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.
5. Payment Contingent on Appropriation and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of
Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds.
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
7. Advance Funding
Advance funding shall be provided to a subgrant recipient upon a written request to the
Department.
8. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds.
The trust fund may or may not be an interest bearing account.
b. The account may earn interest, but any earned interest must be used for program purposes
and expended before the subgrant end date. Any unexpended interest remaining at the
end of the subgrant 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.
SFY 2011 Page 3
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
10. Program Income (also known as Project Generated Income)
a. All income generated as a direct result of a subgrant project shall be deemed program
income.
b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report
to report how much PGI was earned during each quarter. A report must be submitted each
quarter even if no PGI was earned or expended.
c. PGI expenditures require prior written approval from 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.
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 consultant's rate exceeds $450 (excluding travel and subsistence costs)
for an eight -hour day. Approval shall be based upon the contract's compliance with requirements
found in the Financial Guide, the Common Rule, and in applicable state statutes. The
Department's approval of the subgrant recipient agreement does not constitute approval of
consultant contracts. If consultants are hired through a competitive bidding process (not sole
source), the $450 threshold does not apply.
12. Property Accountability
a. The subgrant recipient agrees to use all non -expendable property for criminal justice
purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat.
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
SFY 2011 Page 4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
15. Publication or Printing of Reports
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materials, or any other written materials that will be published, including web -based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following statements:
"This project was supported by Award No. [contact the Office of Criminal Justice Grants for award
number] awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions,
findings, and conclusions or recommendations expressed in this publication/program/exhibition
are those of the author(s) and do not necessarily reflect the views of the Department of Justice."
16. Audit
Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a
single or program -specific audit conducted for that year. The audit shall be performed in
accordance with the federal OMB Circular A-133 and other applicable federal law. The
contract for this agreement shall be identified in the Schedule of Federal Financial Assistance
in the subject audit. The contract shall be identified as federal funds passed through the
Florida Department of Law Enforcement and include the contract number, CFDA number,
award amount, contract period, funds received and disbursed. When applicable, the
subgrant recipient shall submit an annual financial audit that meets the requirements of §
11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat. ,
"Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local
Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit
and For -Profit Organizations."
b. A complete audit report that covers any portion of the effective dates of this agreement must
be submitted within 30 days after its completion, but no later than nine (9) months after the
audit period. In order to be complete, the submitted report shall include any management
letters issued separately and management's written response to all findings, both audit report
and management letter findings. Incomplete audit reports will not be accepted by the
Department.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is issued, unless extended in writing by the Department.
f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year
are exempt from the audit requirements of 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.
SFY 2011 Page 5
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or written notification of audit exemption should be sent to the
following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
17. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the
subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, or suspension of the agreement in whole or in part. In such event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgrant recipient shall be paid only for those services satisfactorily
performed prior to the effective date of such sanction.
18. Commencement of Project
a. If a project is not operational within 60 days of the original start date of the award period, the
subrecipient must report by letter to the Department the steps taken to initiate the project, the
reasons for delay, and the expected start date.
b. If a project is not operational within 90 days of the original start date of the award period, the
subrecipient must submit a second statement to the Department explaining the
implementation delay.
c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for
delay is justified or shall, at its discretion, unilaterally terminate this agreement and re -
obligate subgrant funds to other Department approved projects. The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (90) day period, but only by formal written adjustment to this agreement.
19. Excusable Delays
Except with respect to defaults of consultants, the subgrant recipient shall not be in default by
reason of any failure in performance of this agreement according to its terms (including any
failure by the subgrant recipient to make progress in the execution of work hereunder which
endangers such performance) if such failure arises out of causes beyond the control and
without the fault or negligence of the subgrant recipient. Such causes include, but are not
limited to, acts of God or of the public enemy, acts of the government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if
such failure arises out of causes beyond the control of subgrant recipient and consultant, and
without fault or negligence of either of them, the subgrant recipient shall not be deemed in
default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other
sources,
SFY 2011 Page 6
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly.
20. Written Approval of Changes in this Approved Agreement
a. Subgrant recipients must obtain prior approval from the Department for major substantive
changes such as changes in project activities, target populations, service providers,
implementation schedules, project director, 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.
21. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes,
disagreements, or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance of this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The
subgrant recipient's right to appeal the Department's decision is contained in § 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
SFY 2011 Page 7
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
made or received by the subgrant recipient or its contractor in conjunction with this
agreement.
c. The subgrant recipient will give the awarding agency or the General Accounting Office,
through any authorized representative, access to and the right to examine all paper or
electronic records related to the financial assistance.
24. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
25. Signature Authority
The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to the approved agreement. The prior mentioned individuals
have authority to sign or make amendments to the Sole Source, ADP Justification and the
Privacy Certification forms. The Project Director has authority to submit requests for approval of
specific travel, and Performance Reports, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief officer or elected official must submit to the
Department a letter or resolution indicating the person given signature authority. The letter
indicating delegation of signature authority must be signed by the chief officer or elected official
and the person receiving signature authority. The letter must also specify the authority being
delegated.
27. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for
the Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the
Department must be notified in writing with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by
law for employment, unless otherwise provided by law, the provisions of § 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
SFY 2011 page 8
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
for all purposes and checks in this subsection, statewide criminal and juvenile records checks
through the Florida Department of Law Enforcement, and federal criminal records checks
through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and
who refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency or employee. When fingerprinting is required, the fingerprints of the employee
or applicant for employment shall be taken by the employing agency or by an
authorized law enforcement officer and submitted to the Department of Law
Enforcement for processing and forwarding, when requested by the employing agency,
to the United States Department of Justice for processing. The employing agency shall
reimburse the Department of Law Enforcement for any costs incurred by it in the
processing of the fingerprints.
29. Drug Court Projects
A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court
Programs."
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultation with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
31. Criminal Intelligence System
The subgrant recipient agrees that any information technology system funded or supported by 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 recipient may be fined as
per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of 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. §
SFY 2011 page 9
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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.usdoj gov/about/ocr/eeop comply htm, must be retained by the subgrant
recipient or implementing agency, and must be available for review or audit. The
organization must also submit an EEO Certification to FDLE.
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.
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 1), state and local government services and transportation (Title II), public accommodations
(Title III), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract by the Department.
36. National Environmental Policy Act (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
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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, for programs relating to methamphetamine laboratory operations.
c. For any of a subgrant recipient's existing programs or activities that will be funded by these
subgrants, the subgrant recipient, upon specific request from the Department and the U.S.
Department of Justice, agrees to cooperate with the Department of Justice in any preparation
by Department of Justice of a national or program environmental assessment of that funded
program or activity.
37. Non -Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and
Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And
Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall
not enter into any lower tiered covered transaction with a person who is debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless
authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and
implementing agency certify that they and their principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain, or performing a public (Federal, State, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property;
SFY 2011 Page 11
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on
Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if
applicable, with each submission that initiates consideration of such subgrant recipient for
award of federal contract, grant, or cooperative agreement of $100,000 or more.
b. This certification is a material representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
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
grant, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal grant or cooperative agreement;
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form - LLL, "Disclosure of
Lobbying Activities," in accordance with its instructions;
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that all sub -recipients shall
certify and disclose accordingly.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or a state agency is prohibited under this contract.
40. Additional Restrictions on Lobbying
Recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of the Office of
Justice Programs.
SFY 2011 Page 12
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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 involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste from a seized laboratory's operations are placed or come to rest.
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
SFY 2011 Page 13
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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
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.lei).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 Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC
3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the
Coastal Barrier Resources System.
45. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
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
SFY 2011 Page 14
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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
U.S.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.
50. Human Research Subjects
Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research subjects, including
obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
51. National Information Exchange Model specifications
To support public safety and justice information sharing, the Office of Justice Programs requires
the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines
for this particular grant. Grantee shall publish and make available without restriction all schemas
generated as a result of this grant to the component registry as specified in the guidelines. For
more information on compliance with this condition, visit
http://www.niem.gov/implementationquide.php.
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.
SFY 2011 Page 15
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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. Grantee further agrees, as a condition of grant approval, to submit a Privacy
Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section
22.23.
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://ww-w.it.ojp.Qov/default.aspx?area=policyAndPractice&page=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.
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 Organizations
The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the
Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the
SFY 2011 Page 16
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
"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.ojp.gov/about/ocr/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 (internet-based) task
force training to be provided free of charge through BJA's Center for Task Force Integrity and
Leadership. 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).
SPY 2011 Page 17
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
In witness whereof, the parties affirm they each have read and agree to the conditions set
forth in this agreement, have read and understand the agreement in its entirety and have
executed this agreement by their duty authorized officers on the date, month and year set
out below.
Corrections on this page, including Strikeovers,
whiteout, etc. are not acceptable.
State if Florida
Department of Low Enforcement
Office of criminal Justice Greats
Signature:
Typed Name and Title:
Date:
Typed Name of Subgrant Recipient:
Signature:
Typed Name and Title:
Date:
Typed Name of Implementing Agency:
Signature:
Typed Name and Title:
Date:
Application Ref # 2012-JAGC-1770 Section #6 Page 1 of 1
Contract -JAGC-MONR- - -
Rule Reference 11 D4006 OCJG-005 (rev. April 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Insert Certifications and Authorizations here.
Application Ref # 2012-JAGC-1770
Contract -JAGC-MONR- - -
Section #7 Page 1 of 1
Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)
CERTIFICATION FORM
Recipient Name and Address:
Grant Title:
Contact Person Name and Title:
Grant Number:
Award Amount:
Phone Number: (
Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (ESOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of
the ESOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 7s Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
0690 or TTY (202) 307-2027.
Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that
apply.
I,
❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe,
❑ Recipient is a non-profit organization, ❑ Recipient is an educational institution, or
❑ Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000
[responsible official], certify that
[recipient] is not required to
prepare an EEOP for the reason(s) checked above, pursuant to 28 CY R §42.302. I further certify that
[recipient] will comply with applicable Federal civil rights
laws that prohibit discrimination in employment and in the delivery of services.
Print or type Name and Title Signature Date
Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an
EEOP Is on File for Review.
If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305):
1, [responsible official], certify that
the [recipient],which has 50 or more
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an
ESOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in
the office of: [organization],
at [address],for review by the public and
employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of
Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations.
Print or type Name and Title
Signature
Date
OMB Approval No. 1121-0140 Expiration Date: 12/31/12
CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Applicants should refer to the regulations cited below to determine the certification to which they are required to
attest. Applicants should also review the instructions for certification included in the regulations before completing this
form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New
Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non -procurement) and
Government -wide Requirements for Drug -Free Workplace (Grants)". The certifications shall be treated as a material
representation of fact upon which reliance will be placed when the Department of Justice determines to award the
covered transaction, grant, or cooperative agreement.
1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28
CFR Part 69, for persons entering into a grant or cooperative agreement over
$100,000, as defined at 28 CFR Part 69, the applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of any agency, a member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
making of any federal grant, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any federal
grant or cooperative agreement;
(b) If any funds other than federal appropriated funds have been paid or will be
paid to any person influencing or attempting to influence an officer or employee of
any agency, a member of Congress, an officer or an employee of Congress, or an
employee of a member of Congress in connection with this federal grant or
cooperative agreement, the undersigned shall complete and submit Standard
Form - LLL, "Disclosure of Lobbying Activities", in accordance with its instructions;
(c) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including subgrants,
contracts under grants and cooperative agreements, and subcontracts) and that all
subrecipients shall certify and disclose accordingly.
2. DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILITY MATTERS
(DIRECT RECIPIENT)
As required by Executive Order 12549, Debarment and Suspension, and
implemented at 28 CFR Part 67, for prospective participants in primary covered
transactions, as defined at 28 CFR Part 67, Section 67.510 -
A. The applicant certifies that it and its 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 judgement 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; and
B. Where the applicant is unable to certify to any of the statements in
this certification, he or she shall attach an explanation to this
application.
3. DRUG -FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
at 28 CFR Part 67 Sections 67.615 and 67.620-
A. The applicant certifies that it will or will continue to provide a drug -
free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an on -going drug -free awareness program to inform
employees about-
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
FDLE JAG Grant Application Package Lobbying, Debarment, Suspension, and Drug -Free Workplace Certification
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CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY
MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial Justice Assistance Grant Program
(c) Making it a requirement that each employee to be engaged in the performance
of the grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the grant, the employee will-
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days
after the conviction;
(e) Notifying the agency, in writing, within 10 calendar days after receiving notice
under subparagraph (d) (2) from an employee or otherwise receiving actual notice
of such conviction. Employers of convicted employees must provide notice
including position title, to: Department of Justice, Office of Justice Programs,
ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice
shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days of receiving notice
under subparagraph (d) (2), with respect to any employee who is so convicted-
(1) Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse
assistance or rehabilitation program approved for such purposes by a Federal,
State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e), and (f).
Check here _ If there are workplaces on file that are not identified
here.
Section 67.630 of the regulations provides that a grantee that is a
State may elect to make one certification in each Federal fiscal year.
A copy of which should be included with each application for
Department of Justice funding. States and State agencies may elect
to use OJP Form 4061/7.
Check here _ If the State has elected to complete OJP Form
406117,
DRUG -FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drug -Free Workplace Act of 1988, and
implemented at 28 CFR Part 67, Subpart F, for grantees, as defined
at 28 CFR Part 67; Sections 67,615 and 67.620-
A. As a condition of the grant, I certify that I will not engage in the
unlawful manufacture, distribution, dispensing, possession, or use of
a controlled substance in conducting any activity with the grant; and
B. The grantee may insert in the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation
performance of work done in connection with the specific grant: occurring during the conduct of any grant activity, I will report the
conviction, in writing, within 10 calendar days of the conviction, to:
Place of Performance (Street address, city, county, state, zip code) Department of Justice, Office of Justice Programs, ATTN: Control
Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531.
As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above
certifications.
1. Grantee Name and Address:
2. Project Name:
3. Typed Name and Title of Authorized Representative:,
4. Signature:
5. Date:
FDLE JAG Grant Application Package Lobbying, Debarment, Suspension, and Drug -Free Workplace Certification
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