Item C27
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 21, 2003
Division: Management Services
Bulk Item: Yes XX No
Department: Administrative Services
AGENDA ITEM WORDING: Approval of the recommendations of the Substance
Abuse Policy Advisory Board concerning the uses of Edward Byrne Memorial State and
Local Law Enforcement Assistance Formula Grant funds and authorization for the
County Administrator to execute the fiscal year 2004 FDLE Byrne Grant applications.
(Please refer to attached spreadsheet and bold-printed portion of SAPAB draft
minutes.)
ITEM BACKGROUND: Federal funds are provided through the Florida Dept. of Law
Enforcement to implement various law enforcement and substance abuse related
programs in Monroe County. Proposals submitted to the County were reviewed by the
Substance Abuse Policy Advisory Board on April 28, 2003 and its funding
recommendations are attached. Contracts with FDLE and the implementing agencies
will be entered into at a later date, to take effect October 1, 2003. Applications are due
June 10, 2003 at the FDLE office in Tallahassee. There will be one application for each
program.
PREVIOUS RELEVANT BOCC ACTION: Authorization for the Mayor to execute the
fiscal year 2004 Byrne Grant Certification of Participation with the Florida Department of
Law Enforcement is on today's agenda. By this resolution, the BOCC agrees to serve
as the coordinating unit of government in the development of the grant proposals and in
the distribution of these grant funds allocated to Monroe County.
CONTRACT/AGREEMENT CHANGES: not applicable
STAFF RECOMMENDATION: Approval
TOTAL COST: 254,127.00
COST TO COUNTY: 63,532.00
BUDGETED: Yes XX No
SOURCE OF FUNDS: Federal Grant 75%
County Match (ad valorem tax) 25%
REVENUE PRODUCING: Yes
No XX AMT. PER MONTH
YEAR
APPROVED BY: COUNTY A TTY.
OMB/PURCHASING
RISK MGT.
.n
DIVISION DIRECTOR APPROVAL:, /;{i '(//L' C;'...dLL./ztL/
. Sheila A. Barker
DOCUMENTATION: INCLUDED: _ TO FOLLOW: XX NOT REQUIRED:_
DISPOSITION:
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RESOLUTION NO.
- 2003
OMB/Grants
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY,
FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FISCAL YEAR 2004
EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT
ASSISTANCE FORMULA GRANT PROGRAM
WHEREAS, the Florida Department of Law Enforcement has announced the
Fiscal Year 2004 funding cycle of the Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Program; and
WHEREAS, on May 21,2003, the Monroe County Board of Commissioners
agreed to serve as the coordinating unit of government in the preparation of the grant
proposals and in the distribution of funds allocated to Monroe County in the amount of
$190,595.00 with a $63,532.00 cash match requirement; 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 2004 grant funds to the Florida
Department of Law Enforcement Anti-Drug Abuse Grant 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 21st day of May, A.D., 2003.
Mayor Dixie Spehar
Mayor Pro T em Nelson
Commissioner Neugent
Commissioner Rice
Commissioner Nelson
(Seal)
Monroe County Board of Commissioners
Attest:
Clerk of Court
By:
Mayor
.>,)
Substance Abuse Policy Advisory Board
Minutes
(DRAFT)
April 28, 2003
1:30 P.M.
Harvey Government Ctr., 1200 Truman Ave.
Key West, FL
.j
Board members/designees present:
Raiette Avael, Department of Juvenile Justice
Candice Atwell, representing Richard Matthews, Guidance Clinic of the Upper Keys
Debbie Barsell, representing David Rice, Guidance Clinic of the Middle Keys
Ricl:tard D. Roth, Sheriff
Theresa Westerfield, Court Administrator, 16th Judicial Circuit
r~1'arsh Wolfe, Care Center for Mental Health
, Nancy Criswell, representing Mark Kohl, State Attorney
.i' Ron Herron, Pre-Trial Services
Mike Lannon, Superintendent, Monroe County District Schools
Rosemary Enright, Public Defender
Danny Kolhage, Clerk of the Circuit Court 'ff1 fij) [fJ
Judge Richard Payne, Sixteenth Judicial Circuit U!J UO A re 1i'
James Roberts, County Administrator it U
Karen Murphy-Vedrode, Certified Addictions Professional
Linda Gilmore, representing Patricia Burns, Probation and Parole
Staff members present:
David Owens, Monroe County Grants Administrator
Marsh Wolfe noted the existence of a quorum and called the meeting to order at
1 :35 P.M. Board members introduced themselves, and noted any affiliations with
applicant agencies. Mr. Wolfe introduced Michael Turner, contract monitor from the
Florida Department of Law Enforcement in Tallahassee.
Ron Herron made a motion, seconded by Danny Kolhage, to approve the minutes of
the August 9, 2002 meeting. Motion passed unanimously.
Dave Owens summarized the rescission of the contract between Monroe County and
Helpline, Inc. for the Parents Who Care program for the current fiscal year (FY03),
and the resulting availability of $12,649.00 in grant and matching funds. He
explained that currently-funded providers could propose additional services of the
same nature and cost as services they are currently offering to use these funds, or
the funds could be given back to the state.
The board discussed proposals submitted by Samuel's House, Guidance Clinic of the
Middle Keys, and Peacock Apartments for the use of the remaining funds available
this year. After much discussion between the Board and Elmira Leto of Samuel's
House, it was determined that the Samuel's House proposal was different from the
current service, and had a supplanting problem. Other options for Samuel's House,
such as unoccupied beds, temporary motel shelter, and overtime for current
employees, were discussed, but were unable to be resolved.
Debbie Barsell, representing the Guidance Clinic of the Middle Keys proposed funding
of additional unoccupied treatment slots at Safeport with the board.
Gary Lowe, representing Peacock Apartments, discussed proposed funding of
unoccupied beds at his facility with the board.
After discussion, Karen Murphy-Vedrode made a motion to award Samuel's House
$1,875.00 of the FY03 funds. No action was taken on this motion due to the
unresolved issues of the Samuel's House program.
Danny Kolhage and Debbie discussed the openings at Safeport available to use these
funds.
Richard Payne made a motion, seconded by Danny Kolhage, to award $5,348.00 to
Peacock Apartments, and $7,301.00 to Safeport, and to direct staff to amend
contracts with the providers and FDLE as needed to show funding increases and ~
corresponding increases in goals. Approval was unanimous. ~
Michael Turner of FDLE addressed purpose areas and federal funding issues. <efJ
Theresa Westerfield and Mr. Turner discussed the definition of purpose/program ~
areas, and the forty-eight month funding limit. The board discussed purpose areas V ~
that have been used up in Monroe County (11, 13, and 20). Dave Owens urged <::N"
board members to look over the purpose areas and try to come up with new uses for .A
BYrne~~ds~.' t~.. future. Mr. Turner pointed out that current programs in these ~
~r~ ~ I~,~~ ~r;~ible for funding for the remainder of the forty-eight months. Mr.
l\~~~s I}\ n1lionetHhat a new program in one of these areas had already been
declared ineligible. Mr. Turner discussed unused purpose areas in Monroe County,
such as Criminal Justice Information Systems, domestic violence, and anti-terrorism.
Dan Dembrowski addressed the board concerning the Boys and Girls SMART moves
program, covering current year challenges and achievements.
Steve Braddock addressed the board concerning the Florida Keys Outreach
Coalition's Sunrise House program. He noted that the facility started with 16 beds,
but had grown to 70 beds, with another 49 at a new location. Mr. Owens discussed
the forty-eight month limit with Mr. Braddock, and Mr. Braddock briefly outlined his
agency's plan to deal with that.
Gary Lowe addressed the board concerning the Peacock Apartments program. He
outlined his plans to improve the financial condition of the organization.
Debbie Barsell addressed the board concerning the Safeport program. She added
that they were removing the residential portion of the program, since it had been
generally unsuccessful in achieving results better than day/night treatment. Board
members discussed the differences caused by removing this portion, and whether
they were significant enough to consider it a new program. Some board members
understood the residential portion to be the major feature of Safeport, and others
felt that it was not a significant difference in the treatment and results. Mr. Turner
agreed to look into the matter further at FDLE.
Judy Greenman discussed the Monroe Youth Challenge with the board. Betty Chaplin
and Laura Hutt also addressed the board in support of this program. Judy noted that
the additional funding requested for next year would support additional items in the
program, such as Natural Helpers.
Lou Hernandez addressed the board regarding the Helpline Parents Who Care
program. He responded to questions about why the program was not fully
implemented this year, which resulted in the rescission of the contract. Mr. Owens
asked several questions relating to the current and future program, and the proposal
that was submitted. The nature of the program, number of classes to be provided,
and the amount requested were discussed by the board and Mr. Hernandez. Mr.
Owens recommended that the program not be funded, noting problems experienced
in the current year and problems with the proposal for next year. He suggested that
perhaps Helpline get the program going, and show satisfactory achievements for at
least a year before requesting any funding from Byrne.
Danny Kolhage made a motion, seconded by Rosemary Enright, to deny funding to
Helpline for the proposed Parents Who Care program, and it passed unanimously.
The board discussed the use of money left over for fiscal year 2004, since the total of
requests was less than the total available.
Danny Kolhage made a motion, seconded by Raiette Avael, to recommend funding
Florida Keys Outreach Coalition in the amount of $18,709.00 in Byrne Grant funds.
Motion passed unanimously.
Danny Kolhage made a motion, seconded by Richard Payne, to recommend funding
Peacock Apartments at $27,432.00, Safeport at $52,295.00, and Monroe Youth
Challenge at $45,000.00 in Byrne Grant funds. Motion passed unanimously.
Ron Herron made a motion to recommend funding Boys and Girls Club at $27,450.00
in Byrne Grant funds, and it passed unanimously.
Dave Owens noted that the total recommended thus far was $170,886.00, out of a
total of $190,595.00 in Byrne Grant funds. He added that there was $19,709.00
remaining. After much discussion about whether to return these funds to the state,
Danny Kolhage made a motion, seconded by Theresa Westerfield, to allow these
funds to revert back to FDLE, for use as they see fit. James Roberts discussed the
programs that had applied for funding, and the areas of the County served. He
recommended against returning $19,709.00 to the state in fiscal year 2004,
especially with the challenges faced by the county due to limited funding in many
areas. [no vote was taken on the motion by Danny Kolhage to return the funds to
the state] Rosemary Enright made a motion, seconded by Danny Kolhage, to
recommend additional funding for the Florida Keys Outreach Coalition in the amount
of $19,709.00. The motion was approved, with Theresa Westerfield dissenting.
At approximately 5:00 P. M., there being no further business, the meeting was
adjou rned.
[jJ[fJIlJ[}~
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
Please read instructions before completing this application.
· The term "Department", unless otherwise stated, refers to the Department of Law Enforcement.
· The term "OCJG" refers to the Office of Criminal Justice Grants.
· The term "subgrant recipient" or "subgrantee" refers to the governing body of a city, county, state agency, or an
Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior.
· The term "implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an
agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). It may also be an entity
eligible to be a subgrantee (ex. City of Live OaK)
· Instructions are incorporated in this document by reference.
A. Subarant Data
1. This section to be completed by Subgrantee
Continuation of Previous Subgrant? 0 Yes 0 No
If Yes, enter CJ Contract # of Previous Subgrant
SFY 2003 CJ Contract #
2. This section to be completed by OCJG
Project ID # I Program Area #: I CFDA #:
SFY 2004 CJ Contract #
16.579
2003- CJ -
- - - -
-----
2004 - CJ -
- - - -
-----
B. Applicant Information
1. Subarant Recipient (Subgrantee)
Name of Subgrant Recipient (Unit of Government):
County
Name of Chief Elected Official I State Agency Head:
Title:
Address:
Area Code I Phone #
City, County, State, Zip Code:
SUNCOM #
E-mail Address:
2. Chief Financial Officer of Subgrant Recipient (Subgrantee)
Name of Chief Financial Officer:
Area Code I Fax #
County
Title:
Address:
Area Code I Phone #
City, County, State, Zip Code:
SUNCOM #
E-mail Address:
3. Implementing Agency
Area Code I Fax #
Name of Implementing Agency:
Name of Chief Executive Official I State Agency Head I Subgrantee representative
(if a subordinate agency of the subgrant recipient):
County
Title:
Address:
Area Code / Phone #
City, County, State, Zip Code:
SUNCOM #
E-mail Address:
Area Code I Fax #
FDLE Byrne Formula Grant Application Package
Grant Application
Section II - Page 1
OCJG - 005 (rev. 04/04/03)
Rule 110-9,006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
4. Proiect Director
Name of Project Director: County
(Implementing Agency Employee)
Title:
Address: Area Code I Phone #
City, County, State, Zip Code: SUNCOM #
E-mail Address: Area Code I Fax #
5. Contact Person
Name of Contact Person: County
(if other than Project Director)
Title:
Address: Area Code I Phone #
City, County, State, Zip Code: SUNCOM #
E-mail Address: Area Code I Fax #
6. Person ResDonsible For Financial ReDortina fit known)
Name: County
Title:
Address: Area Code I Phone #
City, County, State, Zip Code: SUNCOM #
E-mail Address: Area Code I Fax #
7. Person ResDonsible For Programmatic Performance Reporting (if known)
Name: County
Title:
Address: Area Code I Phone #
City, County, State, Zip Code: SUNCOM #
E-mail Address: Area Code I Fax #
8. Service Provider Contact Person
Name: County
Title:
Address: Area Code I Phone #
City, County, State, Zip Code: SUNCOM #
E-mail Address: Area Code I Fax #
FDLE Byrne Formula Grant Application Package
Grant Application
Section /I - Page 2
OCJG - 005 (rev, 04/04/03)
Rule 11 D-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
C. Administrative Data
1. Project Title:
2. Identify the year of the project (I, II, III, etc.)
3. Project period I Start: I End:
D. Fiscal Data
Remit Warrant to: (This may only be either the individual listed in 82 (Subgrantee CFO) or a designee in
their office. If 82 is selected, do not reenter the contact information. This is only needed for desiQnee.
82
OR
DESIGNEE
Name:
Title:
Address:
City, State, Zip
Phone Number:
2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer proaram?
(Reimbursement cannot be remitted to any entity other than the subgrantee.)
Yes No
3. Frequency of Fiscal Reporting: Monthly_ Quarterty_
4. Subgrant Recipient FEID #: 59-
5. State Agency SAMAS #:
6. Project Generated Income (PGI):
Will the project earn PGI? (See Section G, Item 9.) Yes - No -
7. Cash Advance: Will you request an advance?
Yes - Amount No -
If yes, a letter of request must be submitted with the application or prior to submission of the first claim for
reimbursement. Amount requested must be justified and accepted by FDLE.
FDLE Byrne Formula Grant Application Package
Grant Application
Section /I . Page 3
OCJG - 005 (rev. 04/04/03)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
E. Project Narrative
1. Problem Identification: Briefly describe a specific problem to be addressed
with subgrant funds in terms of Problem Description, Problem Significance and
Needs Assessment, as described in the application instructions. Continue
narrative on a second page if necessary. Do not exceed two pages. Use a
readable size font, per instructions.
Rule 11 D-9.006
Grant Application
Section" - Page 4
OCJG - 005 (rev. 04/04/03)
FDLE Byrne Formula Grant Application Package
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
2. Project Description: Briefly describe proposed project activities. Refer to
Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You
should include project goals, administration, enhancement/expansion, staff,
service providers, clients or other participants, equipment, location, and expected
project results, as described in the application instructions
This section should address the basic points of who, what, when, where, and how.
Continue on additional a es if necessa ; do not exceed three a es.
FDLE B me Formula Grant A
Grant A lication
Section II . Page 5
OCJG - 005 (rev, 04/04/03)
Rule 110-9,006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
3. Proaram Obiectives and Performance Measures: Up to three types of
objectives may be included in this section of your subgrant application, Le.,
Uniform Objectives, Project-Specific Objectives and Self-Generated Objectives. If
you are proposing a project in one of the Authorized Program Areas with no
Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 41 0-
8700 for further uidance. Continue on a second a e if necessa .
a. List the number and title of the Program Area to be addressed. Refer to
Appendix II, Part II, for a listing of authorized program areas. (Select only 1
Program Area)
(#)
(Title)
b. List Uniform Objectives first, followed by any other appropriate objectives you
may wish to address. If additional objectives are included, please identify
whether they are Project Specific or Self-Generated Objectives. Uniform and
Project Specific Objectives form the basis for collection of data and quarterly
performance reporting.
Uniform Obiectives (Mandatory, copy as worded for the program area
addressed and include all appropriate questions.
Include Objectives from only 1 program area, Objectives
from a different program area could be included as
Project Specific Objectives).
Rule 110-9.006
Grant Application
Section II - Page 6
OCJG - 005 (rev, 04/04/03)
FDLE Byrne Formula Grant Application Package
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
4. Activity Implementation Schedule. Complete the Activity Implementation Schedule
showing when activities in the Program Description will commence and how the project will
progress. This chart benchmarks planned activities, both administrative and programmatic.
An "X" has been inserted for reports with mandatory due dates for all projects. Place an
additional "X" to indicate times applicable to your project, as illustrated for quarterly program
reports. Make a detailed listing of key activities under the heading "Programmatic
Activities." Your Quarterly Performance Reports will be reviewed aqainst this schedule.
Subgrant Period (Beginning Date - Ending Date)
Administrative Activities
ACTIVITY Oct Nov Dec Jan Feb Mar Apr Mav Jun Jul Aug Sep
Submit Financial Reimbursement
Requests
Submit Financial Closeout Package
Submit Quarterly Program Reports X X X X
(04) (04) (04) (04)
Submit Quarterly PGI Reports
(If applicable)
Programmatic Activities
(Continue on a second page if necessary.)
Be sure to include activities mentioned in the Project Description
ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
FDLE Byrne Formula Grant Application Package
Rule 110-9.006
Grant Application
Section II - Page 7
OCJG - 005 (rev, 04/04/03)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
F. Pro"ect Bud et
1. Bud et Schedule
a. The Project Budget Schedule includes five Budget Categories (Salaries and
Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect
Costs) and Total Project Costs. Total Local Match must be a minimum of25% of the
Total Budget.
b. Enter the amount of federal, matching, and total funds by budget category that you
will use to support project activities. Enter dollar amounts only in applicable
categories based on totals from the Budget Narrative and leave others blank. Total
Local Match must be a minimum of 25 percent of the Total Budget.
Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank.
Budget Category
Federal
Match
Total
Salaries And
Benefits
Contractual
Services
Expenses
Operating Capital
Outlay
Indirect Costs
Totals
FDLE Byrne Formula Grant Application Package
Grant Application
Section II - Page 8
OCJG - 005 (rev. 04/04/03)
Rule 110-9,006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
2. Bud et Narrative
a. The Project Budget Narrative may reflect costs in any of the five budget categories
(Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay
(OCO), Indirect Costs). The Total Project Costs should be included.
b. You must describe the line items for each applicable budget category for which you are
requesting subgrant funding. Provide sufficient detail to show cost relationships to
project activities. Reimbursements will only be made for items clearly identified in the
budget narrative.
c. Costs must not be allocated or included as a cost to any other federally financed
program.
Continue on additional a es if necessa .
Please respond to the following five items before providing the details of the Budget Narrative.
1. Source of match must be cash and represent no less than twenty-five (25) percent
of the project's cost.
a. Identify your specific sources of matching funds.
b. Is match available at the start of the grant period?
c. If match will be provided from a source other than the subgrant recipient or the
implementing agency, how will the match be tracked and verified? (The
subgrantee is responsible for compliance.)
2. 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 initial year?
No:
If no, please explain.
Yes:
If yes, please list number and title of position and type of benefits.
3. Indicate the OCO threshold established by the subgrantee. $
4. If Indirect Cost is included in your budget please indicate the basis for the plan (e.g.
percent of salaries and benefits), and provide documentation of the appropriate
approval of this plan.
5. If the budget includes services based on unit costs, be sure to provide a definition
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and cost for each service as part of the budget narrative for contractual services.
Provide the following information.
a. What is the basis for the unit costs?
b. How recently was the basis established or updated?
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G. Conditions of Acceptance and Agreement
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 16 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 and
Byrne Program Guidance Document as well as Florida laws and regulations including the Florida
Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law Enforcement
Assistance Formula Grant Program.
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of
allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of
Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles
for State. Local and Indian Tribal Governments", or OMB Circular A-21, "Cost Principles for Educational
Institutions".
b. All procedures employed in the use of federal funds for any procurement shall be according to U.S.
Department of Justice Common Rule for State and Local Governments, or OMB Circular A-11 0 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 OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination
date. 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 16 of Section G, performance of Agreement Provisions.
(2) Report Contents: Performance reports must include both required sections, the quantitative response
(in response to specific objectives and measures) and the qualitative narrative. The narrative must
reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in
performance measures, and also identify problems with project implementation and address actions
being taken to resolve the problems.
b. Financial Reports
(1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial
Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after
the end ofthe reporting period, Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days
after the end of the reporting period. In addition, if the subgrant award period is extended, additional
Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice
Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the
subgrant termination period. Such claim shall be distinctly identified as "final".
(2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim
Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient
shall submit either monthly or quarterly claims in order to report current project costs, Reports are to
be submitted even when no reimbursement is being requested.
(3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit.
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(4) Before the "final" claim 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.
(5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February
1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering
subgrant project generated income and expenditures during the previous quarter. (See Item 10,
Program Income.)
c. Other Reports
The subgrant recipient shall submit other reports as may be reasonably required by OCJG.
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 OCJG,
b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S.
Department of Justice Common Rule for State and Local Governments, and federal Office of Management
and Budget's (OMB) Circulars A-21, A-8?, and A-110, 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
The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual
appropriation by the Florida legislature.
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 may be authorized for up to twenty-five (25) percent of the federal award for each project
according to Section 216.181 (16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of
Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant
recipient upon a written request to the Department justifying the need for such funds. This request, including
the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to
the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the
budgeted activities for the period.
8. Reimbursement Subject to Available Funds
The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available
federal Edward Byrne Memorial State and local law Enforcement Assistance Formula Grant Program funds.
9. Travel and Training
a. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written
approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain
written approval from the Department for reimbursement of training costs and related travel prior to
commencement of training, if the specific training was not listed in the approved budget. Subgrant
recipients shall obtain written approval from the Department for reimbursement of travel costs for field trips
that were not listed in the approved project description and budget.
b, The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in
Section 112.061, Florida Statutes,
c. All bills for any travel expenses shall be submitted according to provisions in Section 112,061, Florida
Statutes,
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10. Program Income (also known as Project Generated Income)
Program income means the gross income earned by the subgrant recipient during the subgrant period, as a
direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide
and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206-
Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management
Improvement Fund).
11. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment of a consultant
when their 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 OJP Financial Guide, U.S. Department of
Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's
approval of the subgrant recipient agreement does not constitute approval of consultant contracts.
12. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its
useful life or request Department disposition.
b, The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and
dispose of any property furnished to it by the Department or purchased pursuant to this agreement
according to federal property management standards set forth in the OJP Financial Guide, U.S.
Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-11 O.
This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration
of this agreement.
13. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to
this agreement is governed by the terms of the OJP Financial Guide, and the U.S. Department of Justice
Common Rule for State and Local Governments, or the federal OMS Circular A-110.
14. Copyright
The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or
otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support
funded under this grant agreement.
15. Audit
a. Subgrant recipients that expend $300,000 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 OMS 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
Sections 11.45 and 215,97, Florida Statutes, and Chapters 10.550 and 10.600, Rules ofthe Florida Auditor
General.
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 and will be returned to the subgrant recipient.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA), The
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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 ofthe 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 $300,000 in Federal awards during a fiscal year are exempt from
the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which
can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the
Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to
the Department no later than March 1 following the end of the fiscal year.
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 notification of non-applicability should be sent to the following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
16. 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.
17. Commencement of Project
a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant
recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a
revised project starting date.
b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant
recipient shall send another letter to OCJG, again explaining the reason for delay and request another
revised project starting date,
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 amendment
to this agreement.
18. 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 ofthe 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
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arises out of causes beyond the control of subgrant recipient and consultant, and without fault or
negligence of either of them, the subgrant recipient shall not be deemed in default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other sources,
(2) The Department ordered the subgrant recipient in writing to procure such supplies or services from
other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such
failure, and if the Department determines that any failure to perform was occasioned by one or more said
causes, the delivery schedule shall be revised accordingly.
19. Extension of a Contract for Contractual Services
Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes
all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the
same terms and conditions set forth in the initial contract. Only one extension of the contract shall be
acceptable, unless failure to complete the contract is due to events beyond the control of the contractor.
20. Written Approval of Changes in this Approved Agreement
Subgrant recipients shall obtain approval from the Department for major substantive changes. These include,
but are not limited to:
a. Changes in project activities, target populations, service providers, implementation schedules, designs or
research plans set forth in the approved agreement;
b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds
between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the
total approved budget and the transfer is made to an approved budget item; or,
c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by
the Department. Transfers do not allow for increasing the quantitative number of items documented in any
approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or
Expense categories, or staff positions in the Salaries and Benefits category.)
d. 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 concemed parties. The
subgrant recipient shall proceed diligently with the performance of this agreement according to the
Department's decision.
b, If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within
twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to
appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth
in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a
waiver of proceedings under Chapter 120, Florida Statutes,
22. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time, a representative of the
Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege
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
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the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of
Justice Common Rule for State and Local Governments.
b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient,
implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or
other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the
subgrant recipient or its contractor in conjunction with this agreement.
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
Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative who sign Section I. 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 and the ADP Justification forms. The Project Director has
authority to submit requests for approval of specific travel, Financial and Performance Reports, with the
exception of the 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
Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing
with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by law for
employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply.
a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for
15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline;
and all persons working under contract who have access to abuse records are deemed to be persons and
positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S"
using the level 2 standards set forth in that chapter.
b. All employees in positions designated by law as positions of trust or responsibility shall be required to
undergo security background investigations as a condition of employment and continued employment. For
the purposes of the subsection, security background investigations shall include, but not be limited to,
employment history checks, fingerprinting 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, When
fingerprinting is required, the fingerprints of the employee or applicant for employment shall be
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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. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements
outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office,
program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be
obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700.
b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient
agrees that drug court programs funded with this award shall collect and maintain follow-up data on
criminal recidivism and drug use relapse of program participation. The data collected must be available to
U.S. DOJ and FDLE upon request.
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
a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems
Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of
operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42
U.S.C, 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional
rights of individuals.
b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that
they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR
Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's
Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this
agreement.
c. This certification is a material representation of fact upon which reliance was placed when this agreement
was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and
does not meet Act and federal regulation criteria, they must indicate when they plan to come into
compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in
compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is
responsible for the continued adherence to the regulation governing the operation of the system or faces
the loss of federal funds. The Department's approval of the subgrant recipient agreement does not
constitute approval of the subgrant-funded development or operation of a criminal intelligence system,
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read, understands,
and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's
Financial Guide is required from all projects that are involved with confidential funds from either Federal or
matching funds. The signed certification must be submitted at the time of grant application.
33. Equal Employment Opportunity (EEO)
a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be
refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of
the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the
Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-
Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H.
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b. The subgrant recipient and a the implementing agency agree to certify that they either do or do not meet
EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets
Act of 1968, as amended and that they have or have not formulated, implemented and maintained a
current EEO Program. Submission of this certification is a prerequisite to entering into this agreement.
This certification is a material representation of fact upon which reliance was placed when this agreement
was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated,
implemented and maintained such a current written EEO Program, they have 120 days after the date this
agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the
Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803
(a) of the Act, 42 U,S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information).
c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an
aggregate of grant awards for $1 ,000,000 or more during any 18 month period in federal funds, must have
approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its
EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper
copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two
previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a
copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an
updated Plan must be submitted.
d. 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
Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-
336, which prohibits discrimination by public and private entities on the basis of disability and requires certain
accommodations be made with regard to employment (Title I), state and local government services and
transportation (Title II), public accommodations (Title III), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien
workers, constituting a violation ofthe employment provisions contained in 8 U.S.C. Section 1324a(e), Section
274A(e) ofthe 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 subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental
impact analyses requirements in the use of subgrant funds by the subgrantee. 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 subgrantee 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 1 OO-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
Rule 11 D-9,006
Grant Application
Section II - Page 1 B
OCJG - 005 (rev. 04/04/03)
FDLE Byrne Formula Grant Application Package
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
office, household, recreational, or educational environments.
b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the
subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to
cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that
funded program or activity.
37. Non-Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR,
Part 85, Section 85.510, Participant's Responsibilities). 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.
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; or federal loan of $150,000 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 Section 1352, Title 31, United States Code. Any person who fails to
file the required certification is subject to a civil penalty of not less than $10,000 and not more than
$100,000 for each failure to file.
c. The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federally appropriated funds have been paid or shall be paid to any person for influencing or
attempting to influence an officer or employee of any federal agency, a member of congress, an officer
or employee of congress, or an employee of a member of congress in connection with the awarding of
any federal loan, the entering into of any renewal, amendment, or modification of any federal contract,
grant, loan or cooperative agreement.
(2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to
influence an officer or employee of congress, or an employee of a member of congress in connection
with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and
submit the standard form, Disclosure of Lobbvina Activities, according to its instructions.
FDLE Byrne Formula Grant Application Package
Grant Application
Section /I - Page 19
OCJG - 005 (rev, 04/04/03)
Rule 11 D-9,006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
(3) The undersigned shall require that the language ofthis certification be included in award documents
for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly.
39. State Restrictions on lobbying
In addition to the provisions contained in Item 38 of Section G, Conditions of Acceptance and Agreement, the
expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this
contract.
40. "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.
41. 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 subgrantee 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 subgrantee understands and agrees that any program or initiative involving
the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse
health, safety and environmental impacts to (1) the law enforcement and other governmental personnel
involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory;
(3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining
chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest.
Therefore, the subgrantee 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 subgrantee 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 subgrantee 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 subgrantee to either the seizure or
closure of clandestine methamphetamine laboratories;
3. As determined by their specific duties, equip personnel assigned to the project with OSHA required
protective wear and other required safety equipment;
4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed
laboratory;
5, Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment,
and contaminated materials and wastes from the site(s) of each seized clandestine laboratory;
FDLE Byrne Formula Grant Application Package
Grant Application
Section 1/ - Page 20
OCJG - 005 (rev. 04/04/03)
Rule 110-9,006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
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 ant residual
contamination is remediated, if necessary, and in accordance with existing State and Federal
requirements; and
9. Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or
have immediate access to, qualified personnel who can respond to the potential health needs of any
offender(s)' children or other children present or living at the seized laboratory site. Response
actions should include, at a minimum and as necessary, taking children into protective custody,
immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up
medical tests, examinations or health care.
FDLE B me Formula Grant A
Grant A lication
Section 11- Page 21
OCJG - 005 (rev. 04/04/03)
Rule 110-9,006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
H. Signature Page
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 duly 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: Clavton H. Wilder. Community ProQram Administrator
Date:
Typed Name of Subgrant Recipient:
Signature:
Typed Name and Title:
Date:
Typed Name of Implementing Agency:
Signature:
Typed Name and Title:
Date:
Rule 110-9.006
Grant Application
Section 11- Page 22
OCJG - 005 (rev. 04/04/03)
FDLE Byrne Formula Grant Application Package
APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
SUBGRANTEE CERTIFICATION
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime
Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) .
(Select one of the following):
_Meets Act Criteria
Does not meet Act Criteria
I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand
that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written
EEO Plan relating to employment practices affecting minority persons and women. I also affirm that
the Subgrant Recipient. . . (Select one of the following):
_Has a Current EEO Plan
_Does Not Have a Current EEO Plan
Has included a copy of the current approval letter from the US DOJ
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written
EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days
after a subgrant application for federal assistance is approved or face loss of federal funds.
Signature of Subgrantee Authorized Official
Type Name:
Title:
Subgrant Recipient:
Date:
FDLE Byrne Formula Grant Application Package
Rule 110-9.006
EEO Certification
Appendix IV - Page 2 of 2
OCJG - 006 (rev. 04/04/03)
APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
IMPLEMENTING AGENCY CERTIFICATION
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime
Control and Safe Streets Act of 1968 as amended, that this Implementing Agency. . .(Se/ect one of the
following) :
Meets Act Criteria
Does not meet Act Criteria
I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand
that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a
written EEO Plan relating to employment practices affecting minority persons and women. I also affirm
that the Implementing Agency. . . (Select one of the following):
Has a Current EEO Plan
Does Not Have a Current EEO Plan
Is Included in the EEO Plan of the Subgrant Recipient.
Has included a copy of the current approval letter from the US DOJ
I further affirm that if the Implementing Agency meets the Act criteria and does not have a current
written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120
days after a subgrant application for federal assistance is approved or face loss of federal funds.
Signature of Implementing Agency Authorized Official
Type Name:
Name of Subgrant Recipient:
Name of Implementing Agency:
Title:
Date:
FDLE Byrne Formula Grant Application Package
EEO Certification
Appendix IV - Page 2 of 2
OCJG - 007 (rev. 04/04/03)
Rule 11 D-9.006
APPENDIX IX - CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula 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, Debannent 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;
FDLE B me Formula Grant A
Lobb in ,Debarment, Sus ension, and Dru
Rule 110-9.013
(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 perfonning 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;
(e) 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)
tenninated 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;
APPENDIX IX - CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER
RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula 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 (t).
B. The grantee may insert in the space provided below the site(s) for the
performance of work done in connection with the specific grant
Place of Performance (Street address, city, county, state, zip code)
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. If convicted of a criminal drug offense resulting from a violation
occurring during the conduct of any grant activity, I will report the
conviction. in writing, within 10 calendar days of the conviction, to:
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 Byrne Formula Grant Application Package
Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification
Appendix IX - Page 3 of 2
OCJG - 006 (rev. 04/04/03)
Rule 11 D-9.013