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Item E04BOARD OFCOUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 16, 2005 Division: Budget and Finance Bulk Item: Yes M No F] Department: Grants Staff Contact Person: David P. Owens AGENDA ITEM VV{Jf{[}|NG: Approval of contracts with Florida Department of Law Enforcement for programs funded by the Edward Byrne Justice Assistance Grant Program. A summary of the providers and amounts is attached. ITEM BACKGROUND: Federal funds are provided throught the Florida Department of Law Enforcement. Substance Abuse Policy Advisory Board (SAPAB) reviews proposals and makes recommendations to BOCC for local funding of programs. PREVIOUS RELEVANT BDCC ACTION: Participation in Byrne Grant Program since approximately 1990. Approval of Certification of Participation at April 2005 meeting. Approval of SAPAB recommendations at May 2005 meeting. Contracts with the providers are also on todaV's agenda. CONTRACT/AGREEMENT CHANGES: All are new contracts. However, some providers and programs have been funded in prior years under similar contracts. STAFF RECOMMENDATION: Approval TOTAL COST: 191,578.00 BUDGETED: Yes MNnF-1 COST TO COUNTY SOURCE {}FFUNDS: General Revenue REVENUE PRODUCING: Yes F-1NoZ AMOUNT PER MONTH _______ YEAR_______ APPROVED BY:CC)UNTYATTYZ OMB/PURCHASING Z RISK MANAGEMENT Z DIVISION DIRECTOR APPROVAL: Salvatore R. 4appudd DOCUMENTATION: INCLUDED: Z NOT REQUIRED: F-1 O|8P{)S|T|DN: AGENDA ITEM #: co O N, :. y0) >M> ',. > C L E L \ O a) m CD O O' L -p, O L L' N z 'Q C T Q_ C' L) Lo 3: 3: ' 0 0 0 0 0 0 0 0 0 0 O 0 0 C) O mot'It O O :00 O 07 CO O N!ti p CO I-, tC) CO LD I— 00 CO CO O N LO CO co 0') O O O O CD C) 0 O CD C) O C) CD O: M CO O M LO O', ti O'N (D 0') C,CO O) O Ut'- d Cfl O r- O CD CD 0 0 0 0 0 0 O: O O O O O: O O (D (D O o') LO 00 a) ti m O O LO M O 00 O tl- C — t- rl- 00 CO c L T! Ln Lf) 00 ti O M tom ' — 00 - N ', M d7 Cl) � 't O) N It dt N:dt O ( ', E E 0 cu L 0) a] o O L C > O a) O N >' O_, O = > V. L(..,, C M ',. L O C T, 1. a) LL a) Q a) > C,-0 0,, n -0 Q) C 0)-- > CL) y. CU U U= O 0) C �' cu �. CO L a) (� C -0 a] 70 ll� LL C L � 0) L) L O a) 'O E a) / i� O Q p1_ L E� (D Y Q V >1 O I— N m� --' tg C) O U O U c� L C (B (B C _ O tom' > @ CO� (tS a) U 7+p p (a 0) 0 >— CO (D Il m C) a- co 0 U K4ONR8ECOUNTY BOARD DFCOUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department ofLaw Effective Date: 10/01/05 Enforcement Expiration Date: 0/3K}K)8 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Monroe Youth Challenge program as part of Monroe County's FY06 Edward Byrne Memorial Law Enforcement Grant Program Contract Manager: David P.Owens 4482 OMB/Grunts Mgt. (Name) (Ext.) (Department) for BOCC meeting on 11/16/05 Agenda Deadline: 11/01/05 CONTRACT COSTS Total Dollar Value ofContract: $30.620.00 Current Year Portion: $30.020.00 Budgeted? Yes X No Account Codes: 125-00021-5304QO-8GO812-XXXXXX Gront$28.715.0O County Match: $9.905.80 ADDITIONAL COSTS CONTRACT REVIEW Changes Date Out i� ewer Division Director Wen YesE] No�K Risk Management County Attorney 1 11W, YesEl NoE4/ OMB Form Revised 9/11/95 MCP #2 _ Florida ����������������� ���� Law ��������A�������� ==�� ����� ���������m.��������� ���� ������ ����0L������������o���� C6mY�{���A/mn/oyGenmx/ Tom Go8ug6cx (3i�/fi,o17r/4/0/flror Cho/h��/1Bronson, Commissioner qI'Jgricu/u/m OCT— 7 Y00� � . �""^ The Honorable Dixie SpehG[ Mayor KX0nn3e County Board of Commissioners 5OOWhitehead Street, Suite 1O2 Key West, FL 33040 R8: Contract No. 2O0O-JAGC-K4{}NR-3-MH-130 Dear Mayor Spehar: The Florida Department ofLaw Enforcement is pleased to 8VV@nd an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $ 2Q,715.00for the project eDtit|ed.MONR[}EYOUTHCHALLENGEK4|DDLE SCHOOL PROGRAM. These funds shall b8utilized for the purpose Ufreducing crime and iDlpn3ViOg public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer tO the project DUDlb8[8Ddtit|G. Your attention iSdirected tOthe Standard Conditions 0fthe SUbg[8Ot. These conditions should bereviewed carefully bythose persons responsible for pR�8Ct8d0iDi3t[@dOOt0 avoid delays iOp j0CtConlp|eboD8ndCDStSr9iOObUrS8Qn8OtS. ' The enclosed Certification of Acceptance should be completed and returned to the Department within 3Ocalendar days from the date 0faward. This certificate constitutes official acceptance Ofthe award and must bereceived bythe Department prior tVthe reimbursement Ofany project 8xpVnditureS. {ommittedm The Honorable Dixie Gpeh8r Page Two VVelook forward tOworking with you OOthis project. |fvvecan b8Offurther assistance, please contact Janice Parish at 850/410-8700. Sincerely, 0~ l �� k� -~� X� -'`' ~--�—'- Qovb)O��.��|dSr Enclosures State ofFlorida Office ofCriminal Justice Grants Florida Department ofLaw Enforcement 2D37Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance ofsubonantaward number 2000-JAGC-MONR-3-M8-139'iDthe amount of $ 29'715.00, fora project entitled, K4(JNROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM, for the period of1O/O1/2O05 through O9/30/2O08.tobe implemented inaccordance with the approved aubgrontapplication, and eubi8cttO the Florida Dep@rtrn9ntofLovvEnfonCennent'SStandard Conditions and any 'p8oiG| conditions governing this sUbQn3nt. (Signature of Subgrantee's Authorized Official) (Typed Name and Title of Official) (Name of Subgrantee) (Date of Acceptance) State of Florida Office ofCriminal Justice Grants Florida Department mfLaw Enforcement 2331Phillips Road Tallahassee, Florida 32308 8UBGRANTAWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners OCT Grant Period: From: 10/01/2005 TO: 09/30/2000 Project Title: [NONRDEYOUTH CHALLENGE MIDDLE SCHOOL PROGRAM Grant Number: 2006-JABC-yW{}NR-3-M8-139 Federal Funds: $ 29.715D0 State Agency Match: Local Agency Match: $O.O0 Total Project Cost: $ 29.715.00 State Purpose Area: O4A:Community Crime Prevention CFDANumber: 10738 Award is hereby made in the amount and for the period shown above of a subgrant under Title |ofthe Omnibus Crime Control and Safe Streets Act of1908,P.L8O- 351'8samended, and the Anti -Drug Abuse Act of18OO,P.L1OO'08U`tothe above mentioned subgn*nheeand subject toany attached orspecial conditions. This avvund iasubject to all 8pp|ioub|8 rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline yWenuai710O 1D' {)ffio8 of Justice Programs, Common Rule for State and Local Governments and A- 87. or OMB Circulars A-110 OrA-1O2. as applicable, and A-21. intheir entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351. as amended' and P.L. 100-680. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance 0fSUbgr8ntAward iSreturned tOthe Department. Authorizedl Official Clayton H. Wilder Administrator / \ This award is subject to special conditions (attached). State ofFlorida Office mfCriminal Justice Grants Florida Department mfLaw Enforcement 2331 Phillips Road Tallahassee, Florida 32308 ForSVbgmnt Recipients receiving Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds under Federal Grant No. 2OO5-DJ-BX-OO57.the following additional conditions apply: 1. Additional Restrictions OnLobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirect|y, in support of the enactment, n8peg[ modification or adoption of any |avv, regulation or policy, at any level of government, without the express prior written approval ofOJP. 3. 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 Fl8vievv Board approva|, if appropriate, and subject informed consent. 3. Global Justice Data Model Specifications Tosupport public safety and justice information sharing, {)JP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction alaohemas (extensionS, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.it.ojp.gov/gjxdm. 4. Reporting, Data Collection and Evaluation The subQnantrecipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant /JAG\. Compliance with these requirements will be monitored by BJA� Florida Department of Law Enforcement Justice Assistance Grant - County -wide Subgrantee Organization Organization Name: Monroe County Board ofCommissioners County Organization is Located In: Monroe FBDORSMKD/\S: 59-6000749 Chief Official Position Name: Oixk*3pehar Title: Mayor Address: 5O8Whitehead Street, Sude1O2 City: Key West State: FL Zip: 33040 Email: boocdks1@monnoeoounty'O.gcw Phone: 305-292-3440 Eo±: Chief Financial Official Position Name: DannyKoha0a Title: Clerk Address: 5OOWhitehead Street City: Key West State: FL Zip: 33040 Email: dkdhage@monroe'oerk.00n' Phone: 305-292-3550 Ext: Fux:3OS-2Q2-34G8 Sunoomn: Fnz:3O5-2A5-3883 8unonnn: Application Ref # 2000JAGC-116 Section #1 Page 1nf2 Application for Funding Assistance Florida Department ofLaw Enforcement Justice Assistance Grant - County -wide Implementing Organization Name: Monroe County Board ofCommissioners County Organization is Located In: Monroe FBD[)RSAK8/\S: 59-8080749 Chief Official Position Name: Dixie Spehar Title: Mayor Address: 5O0Whitehead Street, Suite 1O2 City: Key West State: FL Zip: 33040 Email: bnoodks1@monroeoVunhy-fl.gov Phone: 305-292-3440 Ext: Fax 305-292-3468 Suncmmm: Project Director Position Name: David Owens Title: Grants Administrator Address: 1iOOSimonton Street City: Key West State: FL 3]p: 33040 Email: owena'david@monroeoounty-M.gov Application Ref # 2006-JA6C-110 Section #1 Pa0o2of2 Contract 2006JAGC-K4ONR-3-M8- Florida Department of Law Enforcement Justice Assistance Grant - County -wide C General Project Information Project Title: MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM Project Sequence No: 0 Subgrantee: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2005 End Date: 9/30/2006 Problem Identification Problem Identification The Problems to which the Monroe Youth Challenge Program (MYCP) are responding are: 1) increases in middle school fighting and bullying, alcohol -related usage, suspension rates, and arrests: and 2) decreases in the age that students are reporting using gateway drugs - in particular, cigarettes and alcohol. Significance These problems are significant because: 1) early usage of gateway drugs such as alcohol and tobacco is often a precursor to the use of harder drugs such as methamphetamine and cocaine; 2) there is a noteworthy correlation between alcohol or chemical dependency and criminal activity according to several studies released by the National Institute of Child Health and Human Development (NICHD); 3) fighting and bullying are the major causes of violence in middle schools which, in turn, are the most common reasons for out of school suspensions; and 4) increased suspension rates correlate to increased drop out rates. The at risk youth, their families, victims as well as the local community as a whole are affected by the social and economic cost of the increase in juvenile substance abuse and crime. Needs Assessment. The scope of the problem of middle school usage of gateway drugs, in particular, alcohol and tobacco, is indicated by surveyed Monroe County high school students reporting that they first used cigarettes at 12.4 years old, had tried alcohol at 13.2, and drank at least once a month at 14.8. This was self reported in the 2004 Florida Youth Substance Abuse Survey which also showed that 22.5% of Monroe County middle school students drank alcohol in the past 30 days. (2.2% higher than the state average). The same study showed an increasing trend in the delinquent behavior of Monroe County middle school students involving arrests and attacking someone with intent to do harm. The Sheriff's office reported that middle school students represent less than 1/3 of the total students, yet constitute 60% of the 50 reported citations and arrests in school year 04/05. Of the 30 middle school arrests, 80% were due to fighting or battery on other students or staff. Application Ref # 2006-JAGC-116 Section #2 Page 1 of 6 Contract 2006-JAGC-M0NR-3-M8- Florida Department of Law Enforcement Justice Assistance Grant - County -wide Problem Identification (Continued) Florida Department of Education reports that suspension rates in Monroe County are above the state average by .5 percent. Application Ref # 2006-JAGC'118 Contract 2000J8GC-K4ONF-3-N18' Florida Department of Law Enforcement Justice Assistance Grant - County -wide Project Summary Project Summary One Year Goals: Reduce teasing and bullying behavior by 5% among middle school students Facilitate decision making and conflict resolution programs to decrease the number of reported fights in the middle school setting by 5%. Assist in the reduction of alcohol usage, specifically binge drinking, by middle school students by 5% in the 2005-2006 school year as reported in Florida Youth Self Assessment Survey. Two Year Goals: Create a Be The Change Club at Middle Schools in which students demonstrate a commitment to drug -free norms, community service and peer support via school wide campaigns, service projects and Natural Helpers. Increase the use among middle school students of community based training programs and youth services by 5%. The provider will be the Monroe County Education Foundation; its address is 241 Trumbo Road, Key West, FL 33040 The relationship of the County to the provider is contractual. A license is not required. All Substance abuse education is provided by third party agencies or motivational speakers in assemblies or classroom presentations. MYCP only coordinates events and is not the primary provider of any substance abuse trainings. This is not a new activity for the service provider. Over the past 4 years, we have developed a variety of programs for high school students designed to reduce violence and other at -risk behaviors, and improve peer relations, while increasing personal life and leadership skills. MYCP has hosted over 20 Challenge Days providing anti violence training to over 1700 students. MYCP sponsored BE THE CHANGE clubs and a leadership class during the day at each high school. MYCP sponsored anti drug and anti violence trainings in all the high schools such as the Florida National Guard's Knight Vision Drug Education Training. In a letter dated April 28, 2003, Coral Shores High School (CSHS) counselor, Cindy Ypsilanti said, "I have seen a tremendous change in our students' relationships with each other on campus and in the community since many of the strategies of community service, mentoring and helping each other has come to fruition through such programs we have implemented in the Upper Keys as Challenge Day, Ropes training, Natural Helpers, and the S.M.I.L.E, club ( Students Mentoring in Life Everyday) during the past Application Ref # 2006-JAGC-116 Section #2 Page 3 of 6 Contract 2006-JAGC-MOLAR-3-M8- Application •Funding Florida Department of Law Enforcement Justice Assistance Grant - County -wide Project Summary (Continued) two years. Students are learning how to effectively communicate through active listening, problem solving and they bring real concerns to adults as needed. Teenagers go through difficult times trying to fit in and belong to a peer group. By identifying this process as a common and universal need through the interactive supportive programs, students are learning that they are not alone in this process of growing and finding themselves. These program initiatives have become the heart and soul of our school." She also found that Leadership Class participants had an average increase of .2 in their accumulative grade point average via a sampling of student grades. A review of the 2002-03 School Environmental Safety Incident Reports showed that CSHS overall incidents of anti social behavior had a decrease of 67%. Incidents of arrests for high school students dropped from 7.7 in 2001 to 6.9 in 2004 and incidents of attacks with intent to harm dropped from 12.3 in 2001 to 10.9 in 2004. We cooperate with numerous community agencies and civic clubs, including Rotary, Sheriff Dept, American Red Cross, Big Brothers Big Sisters, and 4H. Staff includes: Community Development Coordinator: will develop partnerships and build up the volunteer groups. This will be done by regular meetings for volunteers and email. Prevention Coordinator: oversees community projects, trainings and campaigns, done in conjunction with a school liaison and teacher. Admin. Asst.: will handle correspondence, financial management, policies and procedures, public relations, special projects, volunteer coordination program evaluations, data management. Challenge Day and Conflict Resolution training are planned for Prevention Coordinators and adult volunteers. Key Personnel are the Prevention Coordinators who coordinate the implementation and evaluation of all trainings and student planned events. They may also provide direct training to students, school faculty or staff and community volunteers. The number of staff who will be providing project activities is four; they are contract staff, fifty percent of the positions will be funded with project funds. There is no project equipment. Project Location. Throughout Monroe County, public and private middle schools and youth providers. Project Activities/Administration Application Ret # 2006-JAGC-116 Section #2 Page 4 of 6 Contract 2006-JAGC-MONK-3-M8- Florida Department of Law Enforcement Justice Assistance Grant - County -wide Project Summary (Continued) Monroe Youth Challenge Program will offer the following activities: Motivational assemblies and speakers, Gateway Drug and Anti Bullying Trainings, Peer Education, School Clubs and Service Projects, and Natural Helpers Peer Assistance Program. One Contact hour with one student is the unit of measurement. This includes training, drug -free events, and service projects. The project will perform this activity weekly An average of 20 middle school youth will be involved per activity. Some will have fewer. Some, such as assemblies may have 300 students. MYCP will provide a minimum of 2000 defined units. This would reflect half of the middle schoolers in the county receiving 2 contact hours of anti drug, anti violence, or life skills training. Our target group is middle school age students of both sexes at all Monroe County schools. Participants will be selected by teachers, counselors, and administrators. The Prevention Coordinator will recruit additional at -risk students. Students who will be Natural Helpers are chosen by fellow students. The only criterion for participants to qualify for programs is that they be in middle school. Students with at -risk behaviors such as excessive referrals, absences, tardies, or poor academic performance will be specifically targeted. Project Results Measurement: Florida Youth Survey reporting, Monroe County's Climate Survey, School incidence reports, School Environmental Safety Incident Reporting (SESIR). Successful Completions for Group Reduction of incidents of fighting, bullying and arrests in Middle School. Reduction of binge drinking and other alcohol related incidents. Successful Completions for Individuals Reduced number of discipline referrals, increased involvement in school and community activities and promotion to next grade. Improved knowledge and healthy attitudes toward Gateway drugs, in particular tobacco and alcohol, as measured by a Project Alert Survey. Application Ref # 2006-JAGC-116 Section #2 Page 5 of 6 Contract 2006-JAGC-MOLAR-3-M8- Florida Department of Law Enforcement Justice Assistance Grant - County -wide Project Summary (Continued) If a student attending one of our programs attempts to leave, we will assess the student and provide alternative assistance. Our most effective incentive for student participation is community sponsored awards as appropriate and community service hours that are added to the student's high school portfolio. Application Ref # 2006-JAGC-116 Section #2 Page 6 of 6 Contract 2006-JAGC-MOLAR-3-M8- Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Performance info: Performance Reporting Frequency for this Subgrant: Quarterly Application Ref # 2006-JAGC-1 16 Section #3 Page 1 of 6 Contract 2006-JAGC-MONK-3-M8-139 Ripplication for Funding Assistance - Florida Department of Law Enforcement Justice Assistance Grant - County -wide Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: 04A - Community Crime Prevention Activity Description: Activity: Community Service Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description: Activity: Community Leader Meetings Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description: Activity: Crime Prevention Education Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description: Activity: Drug Free Events Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description: Activity: Mentoring Target Group: Children Geographic Area: School District Location Type: School, Middle Application Ref # 2006-JAGC-1 16 Section #3 Page 2 of E3 Contract 2006-JAGC-MONK-3-M8-139 Florida Department of Law Enforcement Justice Assistance Grant - County -wide Activity Description: Activity: Recreation Program Target Group: Children Geographic Area: School District Location Type: School, Middle Horace Middle School 1105Leon Street Key West , FL 33040 Key Largo School 104801 Overseas Key Largo .FL33U37 Marathon Middle School 35USombrero Beach Blvd. Marathon .FL3305O Monroe Youth Challenge 9D-BSombrero Road Marathon .FL3305O Plantation Key School 1OOLake Road Tavernier, FL33O7U Stanley SvvdikSchool J4O0Overseas Highway Marathon .FL3305U Sugarloaf School 225Crane Blvd. Sugarloaf Key .FL33O42 Objective: W4A^01-Provide aspecified number wfalternative drug -free events. [Alternative drug -free events would include any participatory event designed to strengthen the anti -drug message and/or anti -crime message.] Measure: Part 1 How many alternative drug free events will beconducted? Application Ref # 2006-JAS[-110 Contract 2000JAG[-K8ONR-3-M8-138 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Goal: 10 Objective: 04A.02 - Present a specified number of crime and substance abuse prevention education classes. Measure: Part I How many crime prevention and substance abuse education classes will be presented? Goal: 15 Objective: 04A.03 - Conduct a specified number of life skill development education classes. Measure: Part I How many life skill development education classes will be presented? Goal: 30 Objective: 04A.05 - Conduct a specified number of meetings with community leaders for the purpose of identifying neighborhood problems/developing proposed solutions/support groups. Activities should be reported separately from Neighborhood Watch/Business Watch Programs. Measure: Part I How many meetings with community leaders for the purpose of identifying neighborhood problems and developing proposed solutions will be conducted? Goal: 12 Objective: 04A.09 - Conduct a specified number of community service projects which may include neighborhood clean-up campaigns. Measure: Part 1 How many community service projects which may include neighborhood clean-up campaigns, will be conducted. Application Ref # 2006-JAGC-1 16 Section #3 Page 4 of 6 Contract 2006-JAGC-MOLAR-3-M8-139 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Application Ref # 2006'J\SC-110 Contract 2000-lAGC'yNONR-3-M8-139 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 SAMAS / Vendor Number: 59-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $29,715.00 $0.00 $29,715.00 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 -- $29,715.00 $0.00 $29,715.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? : No Application Ref # 2006-JAGC-116 Section #4 Page 1 of 3 Contract 2006-JAGC-MOLAR-3-M8- Application for Funding Assistance _ Florida Department of Lew Enforcement Justice Assistance Grant - County -wide Budget Nnatk/e CONTRACTUAL SERVICES Prevention Coordinators -$25.00O.0O Community Development Coordinator $5.200.00 Administrative Assistant $9.420.00 Purchasing methods to be used will conform toexisting Federal, Etaby. and Local laws and regulations. Budget category is contractual services. Monroe County will contract with the Monroe County Education Foundation for this project. Total program cost hs$3A.G2O.O0.and the JAG portion is$29.715.0U.The balance ofthe program cost will beprovided byMonroe County. Application Ref # 2006-JAB[-1 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: 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? Ans: Yes Indicate the Operating Capital Outlay threshold established by the subgrantee. Ans: 750 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. Ans: n/a 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. Ans: n/a Application Ref # 2006-JAGC-116 Section #4 Page 3 of 3 Contract 2006-JAGC-MOLAR-3-M8- 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 16 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 and Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 11D-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug -free Workplace. 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-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, 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, 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. SFY 2006 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Proaram Florida Department of Law Enforcement Other Reports: The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. b. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1- 11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure 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 Project Expenditure Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to the Department within forty- five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (2) 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 (OCGJ). A subgrant recipient shall submit either monthly or quarterly project expenditures 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. (4) Before the "final" project expenditure request 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 the Department 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 9, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as amended), 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-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. SFY 2006 page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. 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. This request, 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. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. 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. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 9. 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). 10. 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. 11. 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. 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-110 or A-102, as applicable. This obligation SFY 2006 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 12. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110 or A-102, as applicable. 13. 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. 14. Publication or Printing of Reports The subgrant recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 15. 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 Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. 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 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. SFY 2006 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 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. In. 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 the Department 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 the Department, 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 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 SFY 2006 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. 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. 20. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. SFY 2006 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program _ Florida Department of Law Enforcement 21. 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. 22. 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 OJP Financial Guide (as amended), 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. 23. 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. 24. 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 and the ADP Justification 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. 25. 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. 26. 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 Department must be notified in writing with documentation to include appropriate signatures. 27. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of 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 SFY 2006 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. 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 taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 28. Drug Court Projects a. A Drug Court Project funded by the JAG 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. 29. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 30. 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. SFY 2006 Page 8 Edward_B_yrne Memorial Justice Assistance Grant (JAG) Program_ Florida Department of Law Enforcement 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. 31. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of 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. 32. 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. b. The subgrant recipient and 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. SFY 2006 Page 9 Edward -Byrne Memorial Justice Assistance Grant (JAG) Program__ Florida Department of Law Enforcement 33. 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 1), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 34. 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. 35. 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 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. 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. 36. 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. 37. Federal Restrictions on Lobbying a. Each subgrant recipient agrees Lobbying" and shall file the most applicable, with each submission award of federal contract, grant, loan of $150,000 or more. to comply with 28 CFR Part 69, "New Restrictions on current edition of the Certification And Disclosure Form, if that initiates consideration of such subgrant recipient for or cooperative agreement of $100,000 or more; or federal SFY 2006 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 Lobbying Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 38. State Restrictions on Lobbying In addition to the provisions contained in Item 38, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 39. "Pay —to-Stay" Funds from this award may not be used to operate a "pay -to -stay' program in any local jail. Furthermore, no funds may be given to local jails that operate "pay -to -stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to - stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 40. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is 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 SFY 2006 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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; 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. SFY 2006 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program_ _ Florida Department of Law Enforcement 41. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 42. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 43. 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. 44. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 45. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 46. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such SFY 2006 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program _ Florida Department of Law Enforcement properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 47. Omnibus Crime Control and Safe Streets Act The subgrantee 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, M7100.1; and all other applicable State and Federal laws, orders, circulars, or regulations. 48. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. SFY 2006 Page 14 CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program 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): XX 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): XX 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 sub rant application for federal assistance is approved or face loss of federal funds. Sign r of Subgrantee uthorized Official Type Name: Dixie M. Spehar Title: Mayor Subgrant Recipient: Monroe County Board of County Commissioners Date: V-',l-7di�/yD�S`" FDLE JAG Grant Application Package EEO Certification -- — Page 2 of 2 (April 2005) CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program 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 ...(Select one of the following): XX 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): XX 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. Signagdfe*of Implemerrting Type Name: Dixie M. Spehar ncy Authorized Official Name of Subgrant Recipient: Monroe County Board of County Commissioners Name of Implementing Agency: Monroe County Board of County Commissioners Title: Mayor Date: FDLE JAG Grant Application Package _ EEO Certification Page 2 of 2 (April 2005) RESOLUTION NO. 204 - 2005 Admin. Services 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 2006 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the Fiscal Year 2006 funding cycle of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, on April 20,2005, 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 $143,683.00 with an additional $47,895.00 cash match requirement (total of $191, 578.00); and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. the County Administrator is hereby authorized to sign and submit the G, implication packet for the Fiscal Year 2006 grant funds to the Florida -' -'impartment of Law Enforcement Edward Byrne Memorial Justice Assistance rant (JAG) Program; and that �= 3. "18is resolution shall become effective immediately upon adoption by the 8*ard of County Commissioners and execution by the Presiding Officer and k. U/ CD PASSED ANPADOPTED by the Board of County Commissioners of Monroe CountY , �- N v Florida, at a regular meeting of said Board held on the 15th day of June, A.D., 2005. Mayor Spehar Yes Mayor Pro Tern McCoy Yes MTONR OF Ck" U.a'i : ATT0RNEY Commissioner Neugent Yes PPROVECi A. ~*` Commissioner Rice Yes Commissioner Nelson Not Present SUZwJE A. HUTTON ASSISTANT _ ',, , T ORNEY Monroe County Board of Commissioners /1 By: erk of Court Mayor 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- - Chijon H. Wilder, Administrator Date: /0 - 7- Typed Name of Subgrant Recipient: Monroe County Board of Countv Commis.qinnp-rcz Signature: Typed Name and Title: Dixie M. Spehar, Mayor Date: Typed Name of Implementing Agency: Monroe County Board of County Commissioners Signature: Typed Name and Title: Dixie M. Spehar, Mayor Date: Annlirnfinn RPf 11 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Law Effective Date: 10/01/05 Enforcement Expiration Date: 9/30/06 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Family Treatment Drug Court Program as part of Monroe County's FY06 Edward Byrne Memorial Law Enforcement Grant Program Contract Manager: David P. Owens 4482 OMB/Grants Mgt. (Name) (Ext.) (Department) for BOCC meeting on 11/16/05 Agenda Deadline: 11/01/05 CONTRACT COSTS Total Dollar Value of Contract: $56,764.00 Current Year Portion: $56,764.00 Budgeted? Yes X No Account Codes: 125-06018-530490-GG0610-XXXXXX Grant: $42,573.00 County Match: $14,191.00 ADDITIONAL COSTS Estimated Ongoing Costs: $2857.00 For: Staff support -filing reports, oversight (Not included in dollar value above) (e.g. Maintenance, utilities, janitorial, salaries, etc. Division Director Risk Management O.M.B./Purchasing County Attorney Comments: CONTRACT REVIEW Changes Dat j Needed j6TYes❑ No Yes❑ No❑',. 1141105 Yes❑ Now %! Yes❑ No OMB Form Revised 9/11/95 MCP #2 Date Out _ Florida °��� ����������������� ��:� Law Enforcement � ~~~~~ ===== ���������w��������m� ���� ������ �����K��uu������������� (h«rli«Crbi, Auorue7Gevero/ Tom Gollugho:C6i�ffh,vnck/Qfic"r 0«��I/. Bmvmll,Commissioner (?fJgrien/m,u The Honorable Dixie 8peh@[ K4GyOr Monroe County Board OfCommissioners 5OOWhitehead Street, Suite 1O2 Key West, FL 33040 R8: Contract No. 2006-J/\GC-K4ONR-2-M8-135 Dear Mayor Spehar: The Florida Department OfLaw Enforcement iSpleased k}award 8DEdward Bvrne K4e[nO[i8(Justice /\SSiSt8Om3(�[@DttOyour UObOfgOvO[ODleDtiOthe RnlOUDt ' $42.573D0for the project eDtit|8d.FA[N|LYTREATK8ENT[}RiJGC[)URT. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer k) the project OUDlb8[8DdtiUe. Your attention iSdirected tOthe Standard Conditions Ofthe SUho[8nt. These conditions should b8reVeVYedC8[ofUUybvthose persons responsible for - eCL8dnliOiS�ah0ntU avoid d8/8yS in project oOrnp|8tiOn and C0StS reimbursements.' The enclosed Certification OfAcceptance should becompleted and returned 0Othe Department within 3Ocalendar days from the date Ofaward. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to The Honorable Dixie Speh@[ Page Two VVHlook forward tOworking with you ODthis project. |fvvHcan &eOffurther assistance, please contact Janice Parish at 850/410-8700. SinC8[8k/ Q8ytO�H.VV|der Enclosures State ofFlorida Office ofCriminal Justice Grants Florida Department ofLaw Enforcement 2331Phillips Road Tallahassee, Florida 32308 CERTIFICATE {}FACCEPTANCE [>FSUBGRANTAWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2006-JAGC-MONR-2-M8-135, in the amount of $ 42.573.00. fora project entitled, FAMILY TREATMENT [)RUG COURT for the pehodof1O/81/20O5through 08/3O/2OOO.tobeinnp|ement8dinaccordance 'with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgr8nL (Signature of8ubgnante8'sAuthorized Official) (Typed Name and Title of Official) (Name OfSuborantee) (Date ofAcceptance) TON State mfFlorida Office of Criminal Justice Grants Florida Department ofLaw Enforcement 2331Phillips Road Tallahassee, Florida 32308 SUBGRANTAWARD CERTIFICATE Subonantee: Monroe County Board OfCommissioners Date ofAward: OCT 3 2005 Grant Period: Fn]rn: 10/01/2005 TO: 09/30/2008 Project Title: FAMILY TREATMENT DRUG COURT Grant Number: 2006-JAGC-MONR-2-K48-135 Federal Funds: %42.573.00 State Agency Match: Local Agency Match: $O.00 Total Project Cost: $42.573.O0 State Purpose Area: U13:Offender Community Treatment (13A-State; 1313-LoC8/. 13C-JuvenileAoSessnnent Center; 13D-Drug Court) Objectives Sub�raoaSpec ' ifv _, . - where services are provided. CFDANunnb8r: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title | of the Omnibus Crime Control and Safe Streets Act of1908. P.L. 9O- 351.8Samended, and the Anti -Drug Abuse Act mf1SO8'P.L.1OO-OSO'tothe above mentioned subgranteeand subject toany attached nrspecial conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D, Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars Ar11O nrAr1O2. as npp|iC@b|8' and A-21' in their entirety. K is also subject to such further rules, regulations and policies as maybe reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351' as amended, and P.L. 100-080. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance ofSubQnontAward iereturned tothe Department. QQ IJ Ix I PA Authorized fficial Clayton H.Wilder Administrator ( ) This award is subject hzspecial conditions (attached). State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 ADDENDUM TO STANDARD CONDITIONS For Subgrant Recipients receiving Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds under Federal Grant No. 2005-DJ-BX-0057, the following additional conditions apply: 1. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 2. 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. 3. Global Justice Data Model Specifications To support public safety and justice information sharing, OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction al schemas (extensions, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.it.ojp.gov/gjxdm. 4. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. _ Application for Funding Assistance Florida Department ofLaw Enforcement Justice Assistance Grant - County -wide Organization Name: Monroe County Board ofCommissioners County Organization iaLocated In: Monroe FBDQRSAK8AS: 59-6000749 Chief Official Position Name: Dixie3pehar Title: Mayor Address: 5OUWhitehead Street, Suite 102 City: Key West State: FL 2]p: 33040 Email: b000dia1@nlonro*oounty-U.gov Phone: 305'202'3440 Ext: Chief Financial Official Position Name: DunnyKohaUa Title: Clerk Address: 5OOWhitehead Street City: Key West State: FL Zip: 33040 Email: dkdhage@monroe+derk.00m Fax: Sunoom: Fox:305-2A5-3G83 Sunoomn: Application Ref 2006-JAGC-1 Section #1 Page 1of2 Contract 2006-JASC-MONR-2-M8-135 Florida Department of Law Enforcement Justice Assistance Grant - County -wide Organization Name: Monroe County Board of Commissioners County Organization kaLocated In: Monroe Chief Official Position Name: OixioSpeher Title: Mayor Address: 5OOWhitehead Street, Sude1U2 City: Key West State: FL Zip: 33040 Email: bocodis1@monroeoounty- .gov Phone: 305-292-3440 Ext: Fax 305-292-3486 Sunoonm: Project Name: David Owens Title: Grants Administrator Address: 110OSimonton Street City: Key West State: FL Zip: 33040 Email: ovvens-david@monroeoounh/-f|.gov Phone: 306-292-4482 Ext: Fax 305-292-4515 Sunoonl: Application Ref # 2006-JAGC-91 Contract 2006-JA6C-MONR-2-K88' Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Project Information Project Title: FAMILY TREATMENT DRUG COURT Project Sequence No: 0 Subgrantee: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2005 End Date: 9/30/2006 Problem Identification This program addresses the outpatient substance abuse treatment needs of domestic abuse offenders. The Florida Department of Children & Families (DCF) indicates that there are about 864 reports of abuse and neglect per year in Monroe County. DCF estimates that 75% of the reports have substance abuse involvement. Of the number of reports made, about 143 cases are filed in Dependency Court each year. While the Dependency Law intent, noted in Florida Statute 39.001, is to provide for the care, safety, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development, there is no coordinating program which combines a Drug Court Model for the convicted substance abusers who also have dependency court cases in the Middle and Upper Keys. Problem Significance. The problem of providing substance abuse treatment for parents who are also facing dependency issues is significant because those issues affect the whole family physically, mentally, and economically. The community is affected by crime that often accompanies substance abuse and family problems, committed both by parents and children. When there are also issues of abuse and/or children being removed from their home or their parents' custody all those effects are compounded. Needs Assessment. The demand for outpatient substance abuse treatment in Monroe County far exceeds the County's capacity. The Florida Department of Children & Families (DCF) indicates that there are about 864 reports of abuse and neglect per year in Monroe County. DCF estimates that 75% of the reports have substance abuse involvement. Of the number of reports made, about 143 cases are filed in Dependency Court each year. An estimated 205 children in the state of Florida, die each year as a result of child abuse. Despite the Dependency Law Intent, noted in Florida Statute 39.001, to provide for the care, safety, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development, there are no identified funding sources to support a Drug Court Model for the Substance Abusing Dependency Court participants in the Middle and Upper Keys. Application Ref # 2006-JAGC-91 Contract 2006-JAGC-MOLAR-2-M8- Section #2 Page 1 of 5 Florida Department of Law Enforcement Justice Assistance Grant - County -wide Whether located in a small jurisdiction (population under 200,000) or a large metropolitan area (population over 750,000), retention rates for drug courts remain high, from 65% to 85%. As of June 2001, there were 2,100 drug -free babies born to drug court participants enrolled in drug court programs. Approximately 230,000 individuals have entered treatment services through adult drug court programs in the United States as of January 1, 2002. Sixty-one percent (61%) of drug court treatment providers report that the annual cost of treatment services per client ranges between $900 and $3,500. Given this range, the average annual cost per defendant for treatment services is far lower than the $20,000 average annual cost of incarceration. Application Ref # 2006-JAGC-91 Contract 2006-JAGC-MOLAR-2-M8- Section #2 Page 2 of 5 Florida Department of Law Enforcement Justice Assistance Grant - County -wide Project Summary The Care Center for Mental Health will provide a Drug Court model of substance abuse treatment services for identified clients of the Department of Children and Families who are involved both with dependency cases and the drug courts in the Middle and Upper Keys. The Family Treatment Drug Court Program will supply a qualified therapist, headquartered and supervised at the Care Center of the Upper Keys, to provide services from Big Pine Key to Key Largo. Project Goals The project would aim at providing services to approximately 20 participants and their families each year. The service provider agency is The Care Center for Mental Health/Upper Keys, at 92140 Overseas Highway, Suite 5, Tavernier, Florida 33070 The Care Center will have a contractual relationship with Monroe County. The Care Center for Mental Health is licensed by the Department of Children and Families under chapter 65D, FAC to provide substance abuse treatment and other services. Neither substance abuse treatment nor working with families in crisis is new to the Care Center. The Upper Keys center, under the name Guidance Clinic of the Upper Keys, has been providing services in both arenas for over 30 years. Cooperating and participating agencies include the criminal justice system and the Dept. of Children and Familes. Project Staff Project staff will consist of one counselor who will work in cooperation with Wesley House Family Services and Drug Court. She will meet with their case managers regularly and receive referrals from them. She will provide the usual structured program designed by Drug Court for the substance abuser as well as providing family therapy and individual therapy for the rest of the family. These services will be provided as much as possible in people's homes to improve compliance. Initial training for this program has already been done by Drug Court and Care Center personnel. Additional training will occur when the counselor is included in the regular required training of both programs. Drug Court Family Treatment Counselor: This person is responsible for receiving referrals, assessing and providing counseling services to the target population of substance abusers, their spouses/partners and their dependent children. Site Director/Care Center for Mental Health/Upper Keys: This person is responsible for supervising the direction and quality of services provided by the Drug Court Family Treatment Counselor. She is a qualified professional and will sign off when necessary Application Ref # 2006-JAGC-91 Contract 2006-JAGC-MONR-2-M8- Section #2 Page 3 of 5 Florida Department of Law Enforcement Justice Assistance Grant - County -wide Project Summary (Continued) on reports and other documents. One staff member will provide all activities. The Drug Court Family Treatment Counselor and the Site Director are agency staff. Only the Drug Court Family Treatment Counselor will be funded with project funds. The Drug Court Family Treatment Counselor will be working under the Care Center's license. There is no particular equipment required and what is will be provided by either the Care Center or Drug Court. Project Location. The project is designed to serve families in the Middle and Upper Keys. The counselor will work out of the Care Center Upper Keys office. Activities will take place at Care Center offices or clients' residences. The target area is from Big Pine Key north to Key Largo, within Monroe County, Florida. Project Activities/Administration Describe all activities to be provided. 1. Assessment of referred individual and other family members. 2. Individual counseling 3. Group Counseling for referred individual 4. Family Counseling 5. Educational/Vocational Counseling 6. Case Management Unit of Measurement will be one direct service hour. Frequency of service will depend on both the phase of treatment and the individual needs of each participant and their family. It can range from 2 individual sessions and one group for the participant, plus additional family/individual sessions for the family to less frequent contacts as treatment progresses. The goal is to serve twenty families per year. The total number of participants will vary depending on the size of their families, but will certainly equal no fewer than forty. All drug court participants will participate in the required activities of their phase of treatment at a minimum plus whatever family sessions are scheduled. Depending on the particular make-up of a family, different people may participate in some activities but not others. 20 participants X 5 hours per week of treatment (individual, group & family) X 50 Application Ref # 2006-JAGC-91 Contract 2006-JAGC-MONR-2-M8- Section #2 Page 4 of 5 Florida Department of Law Enforcement Justice Assistance Grant - County -wide weeks/year = 5000 estimated units NOTE: obviously one counselor cannot provide 100 hours per week of service so this will be staggered depending on phase of treatment. Those nearing the end of the process will be seen less frequently then those just beginning. It is hoped that a majority of participants will stay with the program for the entire year as they do with Drug Court. Target Groups, Clients, and Participants. Drug Court Family Treatment participants can range in age from 18 up, be either male or female and have a case pending in dependency court. Referrals to this program will be made by Drug Court counselors and/or Wesley House Family Services case workers. Eligibility will be determined by the Drug Court Family Treatment counselor. There are no additional criteria required for participation except having been sentenced to Drug Court and having an open case in dependency court. Participants in this project will have outstanding cases at both Drug Court and dependency court both of which will provide referrals. Project Results Successful completion will be staying clean and sober as well as making progress on the case plan required for the dependency case to be closed. It will be measured by attendance at individual, group and AA meetings, clean urine analysis, family stability, regular employment/school attendance, economic responsibility and improved family relationships. Consequences for not fulfilling a Drug Court requirement will be the same as they are for regular Drug Court participants, i.e. legal sanctions and/or being dripped by the program. Consequences for other breaches may or may not be the same depending on the severity of the offense. Incentives of being released from Drug Court and/or having one's case closed by Wesley House and dismissed from court are built into this program. Application Ref # 2006-JAGC-91 Section #2 Page 5 of 5 Contract 2006-JAGC-MONR-2-M8- Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Performance Info: Performance Reporting Frequency for this Subgrant: Quarterly Application Ref # 2006-JAGC-91 Contract 2006-JAGC-MONR-2-M8- Section #3 Page 1 of 8 Florida Department of Law Enforcement Justice Assistance Grant - County -wide Federal Purpose Area: 0O5-Drug Treatment Programs State Purpose Area: O13-Offender Community Treatment (13A-Staha;13B-Looa[13C-Juvsni|eAssessment Center; 13D-DrugCourt) Objectives and Questions are the same for each of the above, sub -areas specify where services are provided. Activity Description: Activity: Assessment Target Group: Drug Offenders Geographic Area: County -Wide Location Type: Other Addreos(ems): Care Center for Mental Health 0214UOverseas Highway Tavernier, FL33O7U Activity Description: Activity: Drug Court Target Group: Drug Offenders Geographic Area: County -Wide Location Type: Other Amddrmms(es): Care Center for Mental Health 9214OOverseas Highway Tavernier, FL33O7O Activity Description: Activity: Outpatient Drug Treatment Target Group: Drug Offenders Geographic Area: County -Wide Location Type: Other Application Ref # 2000-JAGC-81 Contract 2000-JAGC'k80NR-2-M8- � F; pplication for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Care Center for Mental Health 92140 Overseas Highway Tavernier , FL 33070 Activity Description: Activity: Drug Testing Target Group: Drug Offenders Geographic Area: County -Wide Location Type: Other Address(es): Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description: Activity: Referrals Target Group: Drug Offenders Geographic Area: County -Wide Location Type: Other Address(es): Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Activity Description: Activity: Alcohol Testing Target Group: Drug Offenders Geographic Area: County -Wide Location Type: Other "o-Eam= Application Ref # 2006-JAGC-91 Contract 2006-JAGC-MONR-2-M8- Section #3 Page 3 of 8 Florida Department of Law Enforcement Justice Assistance Grant - County -wide Care Center for Mental Health 9214OOverseas Highway Tavernier, FL33O7U Activity Description: Activity: Domestic Violence Training Target Group: Drug Offenders Geographic Area: County -Wide Location Type: Other Address(es): Care Center for Mental Health 9214UOverseas Highway Tavernier, FL33U7O Activity Description: Activity: Family Therapy Target Group: Drug Offenders Geographic Area: County -Wide Location Type: Other Auddress(ms): Care Center for Mental Health Q214OOverseas Highway Tavernier, FL33O7O Activity Description: Activity: Substance Abuse Treatment Target Group: Drug Offenders Geographic Area: County -Wide Location Type: Other Application Ref # 2008-l4GC-91 Contract 2000-J\GC-K80NR-3-W8- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Care Center for Mental Health 92140 Overseas Highway Tavernier, FL 33070 Objective: 013.01 - Provide treatment services through various treatment modalities to a specified number of individuals. Measure: Part 2 How many clients will be provided INTERVENTION services? Goal: 10 Measure: Part 3 How many clients will be provided OUTPATIENT services? Goal: 20 Objective: 013.02 - Provide an array of treatment services. Measure: Part I Will most clients be provided psychosocial assessments? Goal: Yes Measure: Part 3 Will most clients be provided urinalysis? Goal: Yes Measure: Part 4 Application Ref # 2006-JAGC-91 Section #3 Page 5 of 8 Contract 2006-JAGC-MONR-2-M8- Application for Funding Assistance Florida Department of Law Enforcement JusUceAssiStanoeGnant-Cou e Goal: Yes Measure: Part 6 Will some clients beprovided rehabilitation services? Ot6emth/m; 013.03 - Assist a specified number of clients to successfully complete their treatment plan. Measure: Part 2 How many INTERVENTION clients will successfully COMPLETE their treatment? Goal: 8 Measure: Part 3 How many OUTPATIENT clients will successfully COMPLETE their Boa|:O Objective: 013.04 - Establish or support a drug court program. Measure: Part 1 Will there becontinued judicial supervision over offenders with substance abuse problems who are not violent offenders? Goal: Yes Measure: Part 2 Will there bemandatory periodic testing mfeach offender for the use of controlled substances orother addictive substances during any period of supervised release or probation? Goal: Yes Will there be substance abuse treatment for each participant; probation or other supervised release involving the prosecution? Application Ref# 208JAGC-91 Contract 2006JAGC-MONR-2-M8- Florida Department ofLaw Enforcement Justice Assistance Grant - County -wide Goal: Yes Measure: Part 4 Will there be confinement, or incarceration because of noncompliance with program requirements or failure to show satisfactory progress? Goal: Yes Application Ref # 2086-JAGC<91 Contract 2006JAGC-MONR-2-M8- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: If "other" was selected for the geographic area, please describe. Ans: geographic area is county -wide If "other" was selected for location type, please describe. Ans: "Other" was chosen as location type, since many of the services will be provided at clients' residences. Application Ref # 2006-JAGC-91 Contract . 2006-JAGC-MOLAR-2-M8- Section #3 Page 8 of 8 Application for Funding Assistance - Florida Department ofLaw Enforcement Justice Assistance Grant - County -wide General Financial Info: Note: All financial remittances will be sent tpthe Chief Financial Officer ofthe Subgrantee Organization. Financial Reporting Frequency for this Subgramt C>uadndv |sthe subgnantaeostate aAenmy?: No SAMAS/yendmrNumber: 59-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $8.00 $0.00 $0.00 Contractual Services $42.573.00 $0.00 $42.573.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $880 Outlay Indirect Costs $0.00 $0.00 $0.00 —Toto|m— $42'573.00 $0.80 $42'573.00 Percentage 1000 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2006-JAGC- 1 Contract 2006-JAGC-MONR-2-M8- Application for Funding Assistance _ Florida Department ofLaw Enforcement Justice Assistance Grant - County -wide Budget Nrrative CONTRACTUAL SERVICES Type of budget: Actual Salaries and Benefits: Substance Abuse Counselor 38.OUO FICA 2.907 Health Insurance 2.852 Subtotal Counselor 43.550 Clinical Director(. 125) 9.432 FICA 721 Subtotal Clinical Director 10,152 Total Salaries and Benefits 53,712 Expenses: Travel between base in Marathon, office inTavernier, and main office inKey West paid inaccordance with Fla. Statuta112.OS1 2.552 Cellular telephone 500 Total Expenses 3.052 Total budget: $56,764 Purchasing methods to be used will conform to existing Federal, State, and Local laws and regulations. Monroe County will contract with the Care Center for Mental Health for this project. Total cost ofthe program hs$56.704.80.the JAG funding ky$42.573DO.and the balance of program costs will be provided by Monroe County. Application Ref # 2006-JAGC-91 Contract 2000-JAGCM0NR-2|N8- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: 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? Ans: Yes Indicate the Operating Capital Outlay threshold established by the subgrantee. Ans: 750 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. Ans: n/a 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. Ans: n/a Application Ref # 2006-JAGC-91 Contract 2006-JAGC-MONK-2-M8- Section #4 Page 3 of 3 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 16 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 and Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 11D-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug -free Workplace. 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-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, 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, 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. SFY 2006 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Florida Department of Law Enforcement Other Reports: The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. b. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1- 11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure 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 Project Expenditure Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to the Department within forty- five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (2) 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 (OCGJ). A subgrant recipient shall submit either monthly or quarterly project expenditures 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. (4) Before the "final" project expenditure request 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 the Department 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 9, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as amended), 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-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. SFY 2006 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 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. This request, 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. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. 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. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 9. 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). 10. 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. 11. 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-110 or A-102, as applicable. This obligation SFY 2006 Page 3 Edward_ Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 12. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110 or A-102, as applicable. 13. 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. 14. Publication or Printing of Reports The subgrant recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 15. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program -specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the 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 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. SFY 2006 Page 4 Edward Byrne Memorial Justice Assistance_ Grant (JAG) Program Florida Department of Law Enforcement 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 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. In. 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 the Department 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 the Department, 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 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 SFY 2006 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program_ Florida Department of Law Enforcement or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. 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. 20. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. SFY 2006 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program_ Florida Department of Law Enforcement 21. 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. 22. 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 OJP Financial Guide (as amended), 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. 23. 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. 24. 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 and the ADP Justification 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. 25. 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. 26. 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 Department must be notified in writing with documentation to include appropriate signatures. 27. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of 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 SFY 2006 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 28. Drug Court Projects a. A Drug Court Project funded by the JAG 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. 29. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 30. 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 conforriiance with the privacy and constitutional rights of individuals. 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. SFY 2006 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. 31. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of 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. 32. 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. b. The subgrant recipient and 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). 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. SFY 2006 Page 9 Edward Bvrne Memorial Justice Assistance Grant (JAG) Proaram Florida Department of Law Enforcement 33. 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 1), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 34. 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. 35. 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 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. 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. 36. 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. 37. 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. SFY 2006 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 emp►oyee 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 Lobbyinq Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 38. State Restrictions on Lobbying In addition to the provisions contained in Item 38, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 39. "Pay —to-Stay" Funds from this award may not be used to operate a "pay -to -stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay -to -stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to - stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 40. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is 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 SFY 2006 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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; 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. SFY 2006 Page 12 Edward Bvrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 41. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 42. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 43. 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. 44. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 45. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 46. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such SFY 2006 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 47. Omnibus Crime Control and Safe Streets Act The subgrantee 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, M7100.1; and all other applicable State and Federal laws, orders, circulars, or regulations. 48. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. SFY 2006 Page 14 CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program |. the undersigned authorized officia|, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1068 as amended, that the Subgnanbae (Subgrant Recipient) . . . (Select one of the following): XX Meets Act Criteria Does not meet Act Criteria | affirm that | have read the Act criteria set forth in the SubgrardApp|ioation Instructions. | understand that if the Subgnant Recipient meats these oh\eria, it must formu|ahe, implement and maintain o written EEO Plan relating tuemployment practices affecting minority persons and women. | also affirm that the Subgrant Recipient ... (Select one of the following): )O{_Has aCurrent EEO Plan Does Not Have aCurrent EEO Plan -Has included ucopy ofthe current approval letter from the USDOJ | further affirm that if the SubgmntRecipient meets the Act criteria and does not have ocurrent written EEO Plan, federal law requires it to fonnu|a&e, imp|emmnt, and maintain such a Plan within 120 days after a su grant application for federal assistance is approved or face loss of federal funds. Type Name: Dixie W1.Spehar Title: Mayor Subgrant Recipient: Monroe County Board of County Commissioners *mLEJAG Grant CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program |. the undersigned authorized official, certify that Control and Safe Streets Act of1Q68auamended, XCX_Meets Act Criteria according to Section 501 of the Omnibus Crime that this Implementing Agency . . ./3eleofone of the Does not meet Act Chbaha | affirm that | have read the Act criteria set forth in the Subgrant Application Instructions. | understand that if the Implementing Agency meets these orit*ria, it must fonnu|ak*, implement and maintain a written EEO Plan relating toemployment practices affecting minority persons and women. | also affirm that the Implementing Agency . . . (Select one ofthe following): _XX_Has aCurrent EEO Plan Does Not Have aCurrent EEO Plan |uIncluded inthe EEO Plan ofthe SubgrantRecipient. Has included acopy ofthe current approval letter from the USD0J | further affirm that if the Implementing Agency meets the Act criteria and does not have ucurrent written EEO Plan, federal law requires itbuformulate, irnp|ement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. o(Implementi'ng ' Ag*"6'Authorized Official Type Name: Dixie M.Spehar Name of Subgrant Recipient: Monroe County Board of County Commissioners Name of Implementing Agency: Monroe County Board of County Commissioners Title: Mayor Grant Application Package EEO Certification Florida Department of Law Enforcement Justice Assistance Grant - County -wide /nwitness whereof, the parties affirm they each have read and agree k}the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this aQn3n[nent by their duty authorized 0ffiC8rS On the date, month and year set out below. Corrections mnthis page, including Sthkeovers, whiteout, etc. are not acceptable. Date: 9."so_0 _T Typed Name OfS nantRScpierd: Monroe County Board of County Commissioners Typed Name and Title: Dixie M. Spehar, Mayor Date: Typed Name ofImplementing Agency: Monroe County Board of County Commissioners Signature: Typed Name and Title: Dixie M. Spehar, Mayor Date: ': 0 ~I�/ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department 0fLaw Effective Date: 10/01/05 Enforcement Expiration Date: 8/30/06 Contract Purpose/Description: Funds provided Uln]UQh FOLE Agreement for innp|ern8ntoU0D of the Dual Diagnosed Offender Program 83part OfMonroe Counh/SFYO0Anti-Drug Abuse Program Contract Manager: David P.Owens for OC)CCmeeting 11/16/05 4482 OMB/Gn8ntsNgL (Ext.) (Department) � CONTRACT COSTS Total Dollar Value nfContract: $60.504.00 Current Year Portion: $60.504.00 Budgeted? Yes X No Account Codes: 125-06006-530490-GG0603-X>()()<)<X Grant: $49.878.00 County Match: $16.625.00 ADDITIONAL COSTS Estimated Ongoing Costs: $2857.00 For: Staff support -filing reports, oversight (Not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries, etc. Division Director Risk Management cc O.M.B./Purchasing County Attorney Comments: CONTRACT REVIEW Changes Date In Needed Yesn Nola" Yes[-]NO�� ��qKxYeS[] Nool' OMB Form Revised 9/11/95 MCP #2 Florida ���������«���)������ ���� l�����, ������~�������>������ ==�� ����� ����������w���������� ���K ������ ��������uun������������ Guy Alt Tunmell, Coiiiinissioiier Jeb Bush, Governor (hodieCrist, Attorney General Zo/n (7o8ulhrl: Ch/'�*Fixo/,ciu/Q�yc«r OCT1 _ 2""^ The Honorable Dixie 8peh8r Mayor Monroe County Board 0fCommissioners 5UOWhitehead Street, Suite 102 Key West, FL 33040 R8: Contract No. 2006-JAGC-M(]NR-1-M8'138 Dear Mayor Sp8h8[ The Florida Department ofLaw Enforcement i3pleased tOaward GOEdward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $4S'G78.00for the project entitled, PEACOCK APTS. DUAL -DIAGNOSED OFFENDER HOUSING. These funds shall beutilized for the purpose 0freducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer tO the project nUDlb8r8DdtiU8. Your attention iSdirected tVthe Standard Conditions Ofthe GUbg[GOt. These conditions ShOU|d be reviewed carefully by those persons responsible for project 8d[DiDiStr8U0D to avoid delays in project completion and CO3tS reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement Ofany project 8XpSDditur8S. Committed to Service °Ia/egritv ^Respec/ , Q/o/kv The Honorable Dixie Speh8r Page Two We look forward t0working with you OOthis project. |fvVecan bH0ffurther assistance, please contact Janice Parish @t85O/410-87OO. Sincerely, 4 14. LL� r Enclosures State of Florida Office of Chrninm| Justine Grants Florida Department mfLaw Enforcement 2331Phillips Road Tallahassee, Florida 32308 CERTIFICATE {}FACCEPTANCE {)F8UBGRANTAWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2006-JAGC-MONR-1-M8-138, in the amount Of S49'878.00'for uproject entiUed.PEACOCKAPTS.DUAL-D|AGNOGED OFFENDER HOUSING, for the period of1O/01/ZOO5through 09/30/2000'tobo implemented in accordance with the approved subgrant application, and subject to the Florida Department ofLaw Enforcement's Standard Conditions and any special conditions governing this subQrenL (Signature of Subgrantee's Authorized Official) (Typed Name and Title of Official) (Name of Subgrantee) (Date ofAcceptance) ��NTYATT�0N�f \w �UVEOASiM. State ofFlorida Office of Criminal Justice Grants Florida Department ofLaw Enforcement 2331 Phillips Road Tallahassee, Florida 32308 8UBGRANTAWARD CERTIFICATE Gubgrartea: Monroe County Board of Commissioners Date ofAward: OCT1 n Y0A� ��' ' ~ �""� Grant Period: F[Onn: 10/01/3005 TO: 09/30/2006 Project Title: PEACOCK APTS. DUAL -DIAGNOSED OFFENDER HOUSING Grant Number: 2006JAGC-MONR-1-M8-138 Federal Funds: $49'878.00 State Agency Match: Local Agency Match: 8O.UO Total Project Cost: $4S.87B.00 State Purpose Area: ZOA:Corrections Alternatives - Halfway House CFDANumb9r: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351, as amended, and the Anti -Drug Abuse Act of 1988, P.L. 100-690, to the above rnentinnadoubQn8ntee and subject bzany attached orspecial conditions. This award is subject toall applicable nu|8S, reguh3tono, and conditions ascontained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D. C]tDce of Justice PnDgnorns, Common P|u|8 for State and Local Governments and Ar 87. or OMB Circulars A-110 ory+102, as 8ppUoob|e, and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 9O-351'gsamended, and P.L. 100-690. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance OfSubgn3ntAward iareturned tothe Department. Authorized Official Clayton H. Wilder Administrator 4 / \ This award issubject b/special conditions 8d). State ofFlorida Office ofCriminal Justice Grants Florida Department ofLaw Enforcement 2331Phillips Road Tallahassee, Florida 32308 For Subgrant Recipients receiving Edward Byrne Memorial Justice Assistance Grant Lk\G\Program funds under Federal Grant No.2OO5-DJ-BX-OO57.the following additional conditions apply: 1. Additional Restrictions onLobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, /n support of the anaotnnent, repeal, modification Or adoption of any |avv. regulation or policy, at any level of government, without the express prior written approval of{}JFi 2. Human Research Subjects Grantee agrees to comply with the requirements of28 C.F.R. part4O and all [)0ice 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. 3. Global Justice Data Model Specifications To support public safety and justice information sharing, OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction e/achemoa (extensions, oonstnaint, proxy) generated as a result of this grant to the component registry aespecified inthe guidelines. This information isavailable at www.it.ojp.gov/gjxdm. 4. Report/ng, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant /JA8\. Compliance with these requirements will b8 monitored byBJA. Florida Department of Law Enforcement Justice Assistance Grant - County -wide Subgrantee Organization Organization Name: Monroe County Board of Commissioners County Organization isLocated In: Monroe FBDQRSAK8AS: 59-6000740 Chief Official Position Name: Dh6eSpehar Title: Mayor Address: 5OOWhitehead Street, Suite1O2 City: Key West State: FL Zip: 33040 Email: bouodia1@�nonroecounty-fl.guv Phone: Ext: Chief Financial Official F"oshUom Name: DannyKohage Title: Clerk Address: 5O8Whitehead Street City: Key West State: R- Zip: 33040 Ernei[ dkdhage@monroe'do/k.00m Phone: 305'202-3550 Ext: Fax:305-205-3863 Suncom: Application Ref # 2006-JA6C-70 Section#1 Page 1of2 Contract 2008-JAGC-MONR-1-M8-138 AA pplication for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Implementing Agency Organization Organization Name: Monroe County Board of Commissioners County Organization is Located In: Monroe FEID OR SAMAS: 59-6000749 Chief Official Position Name: Dixie Spehar Title: Mayor Address: 500 Whitehead Street, Suite 102 City: Key West State: FL Zip: 33040 Email: boccdis1@monroecounty-fl.gov Phone: 305-292-3440 Ext: Fax 305-292-3466 Suncom: Project Director Position Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Email: owens-david@monroecounty-fl.gov Phone: 305-292-4482 Ext: Fax 305-292-4515 Suncom: Application Ref # 2006-JAGC-76 Section #1 Page 2 of 2 Contract 2006-JAGC-lVl0NR-1-lVl8- Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Project Information Project Title: PEACOCK APTS. DUAL -DIAGNOSED OFFENDER HOUSING Project Sequence No: 0 Subgrantee: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2005 End Date: 9/30/2006 Problem Identification Problem Identification Lack of supportive housing for the dually diagnosed residents (those with both a mental illness and a substance abuse problem). The mentally ill are often incarcerated for minor crimes, which are a result of their illness. They rarely understand the charges against them, and some are incompetent to stand trial. Incarceration of these people is considerably more expensive than for the average offender; they need ongoing mental health treatment and supervision. Supervision is needed to prevent suicide attempts while in jail, ensure medication compliance, and to prevent victimization by other prisoners. By releasing them into our community based offender supportive housing program, clients will have a safe residence, address their mental health issues, improve life skills, develop a treatment program, and become a productive member of our community. Dually diagnosed offenders who are homeless, in jail, awaiting trial or pending release would be better served in a supportive housing program. This prevents unnecessary incarcerations and hospitalizations PROBLEM SIGNIFICANCE: Monroe County has a tourist -based economy and is negatively impacted by this visible population. Homelessness, substance abuse, unemployment, loitering, panhandling, criminal activity, and health/hygiene/sanitation problems all negatively affect the tourism industry, as well as the life quality of our permanent residents. NEEDS ASSESSMENT: Monroe County's Continuum of Care states that there are approximately 2,000 homeless people living in the county. To compound the problem, the county has one of the highest costs of living in the state, with rents the highest in the state. Reportedly, 30% of the homeless have mental illness and 10% of the incarcerated population suffer from mental illness. Mentally ill homeless residents with histories of substance abuse often become incarcerated. Upon release, many of these individuals become homeless and mentally unstable, especially when they are no longer on a medication regimen. Application Ref # 2006-JAGC-76 Section #2 Page 1 of 6 Contract 2006-JAGC-M0NR-1-M8- Florida Department of Law Enforcement Justice Assistance Grant - County -wide Application Ref # 2006-JAGC-70 Contract 2008JAGC-MONR-1-M0- Florida Department of Law Enforcement Justice Assistance Grant - County -wide Project Summary Goals. To identify the potential client population, through contact with the mental health providers and the criminal justice system. Clients are referred to this program as an alternative to a detention center, from the Court system, with both a substance abuse problem and a mental illness. To provide 8 offenders with residential services, including housing, utilities, furniture, cable TV, phone, camaraderie, transportation to NA/AA, supervision, monitoring, referral to mental health and substance abuse treatment, random drug testing, case management, and supervision of medication. Provide referrals to other appropriate programs for offenders who do not meet our criteria Provide supportive services to clients who adhere to their treatment plan. Services to graduates of the program may include inclusion in social events at Peacock Apartments, assistance with money management, and referral to other social agencies. Long Range Goals Increase board participation, public awareness, and fundraising. Network with other agencies in increasing services to clients The United States Fellowship of Florida (USFF) will operate the program; admin. offices are at 1320 Coco Plum Drive, Marathon, FL 33050 This will be a contractual relationship with a non-profit agency. Peacock is not required to have a Dept. of Children and Families license, since therapeutic services are provided off -site. This is not a new activity. USFF cooperates and participates with mental health clinics which provide residents with treatment. Staff Program Director, Care Coordinator, three live -on -site Residential Mental Health Workers and one part-time Residential Mental Health Worker. Staff will complete Adult CPR/First Aid and HIV Training. Staff will monitor and assist residents on a daily basis, performing monthly drug tests, transportation, medication supervision, and ensuring residents attend all appointments with their mental health provider. Application Ref # 2006-JAGC-76 Section #2 Page 3 of 6 Contract 2006-JAGC-MONR-1-M8-138 Florida Department of Law Enforcement Justice Assistance Grant - County -wide Project Summary (Continued) These are agency staff members, funded with project funds. All services and activities will occur at 1622 & 1624 Spalding Court, Key West, FL. 33040 The political jurisdiction target area is Monroe County. Activities Clients are provided with case management, limited transportation, assistance with appointments, peer mediation, camaraderie, assistance in daily living, supervision of medication, and monitoring compliance with treatment plan. Clients are given random drug tests at least once per month and whenever there is suspicion of use. Rooms are checked weekly. Staff monitors clients and reports significant behaviors to mental health case managers. Drug testing monthly. Grocery shopping bi-weekly. We estimate that ten (8) clients will engage in these activities. Treatment plan: description: outlines the resident's condition, treatment needed, frequency, medication schedule, appointments, etc. one unit = one plan frequency = at intake, and updated as needed. number of participants = 8 number of units to be provided = 8 Intake and screening: description: includes determination of eligibility, criminal background check, psychiatrist's case summary, recommendations, and notes. one unit = one intake/screening frequency = once for each new client number of participants = 8 number of units to be provided = 8 Case Management: description: Ongoing evaluation and planning for client. one unit = one hour frequency = often daily, but at least weekly. number of participants = 8 number of units to be provided = 728 Drug screening/testing: description: standard urine test for illegal drugs one unit = one screening/test frequency = random, but at least one per month per client Application Ref # 2006-JAGC-76 Contract 2006-JAGC-MONR-1-M8-138 Section #2 Page 4 of 6 Florida Department of Law Enforcement Justice Assistance Grant - County -wide Project Summary (Continued) number of participants = 8 number of units to be provided = 96 Referral to educational programs: description: programs such as vocational training one unit = one referral frequency = normally on intake/screening, or as needed number of participants = 8 number of units to be provided = 8 Transportation: description: residents are driven to appointments at mental health clinics; also includes grocery shopping and other necessary trips one unit = one trip frequency = as needed number of participants = 8 number of units to be provided = 728(assumes 2 trips per client per week) Residential Services: description: assistance with activities of daily living one unit = one day of assistance frequency = daily number of participants = 8 number of units to be provided = 2,501 Target Groups. Adult substance abuse offenders who are also diagnosed with mental illness. All ages and genders included. The Program Director and Care Coordinator are responsible for screening, intake procedures and determining eligibility. Referrals are by mental health providers, public defender, and court system. Criteria: Clients must not have a history of violence, must have a diagnosed mental illness, be under case management of a mental health center, be under a treatment plan, have a funding source either from self, family, SSI SSDI, VA or qualify for benefits from these sources, criminal background check with no history of violence, if a previous resident, be in good standing with peacock Apartments,and have a criminal and substance abuse history. Results Program success is measured by decrease in hospitalizations, detoxifications, crisis stabilizations, arrests/incarcerations, and ability to comply with program rules. Application Ref # 2006-JAGC-76 Contract 2006-JAGC-MONR-1-M8-138 Section #2 Page 5 of 6 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Project Summary (Continued) Expulsion may result from non-compliance to medical treatment plan or failure to comply with program rules (e.g., substance use and violence). If possible, a behavioral contract is implemented to prevent expulsion. Incentives to comply with treatment plans are an integral part of the program. A major incentive to comply with rules is the low cost of our housing. The structured, supportive environment is also an incentive for our clients to remain stable. For rule violations, offenders will receive a three -day notice to comply and a new service plan or behavior contract. Repeated violations or serious violations will result in eviction. Application Ref # 2006-JAGC-76 Section #2 Page 6 of 6 Contract 2006-JAGC-MOLAR-I-M8-138 Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Performance Info: Performance Reporting Frequency for this Subgrant: Quarterly Application Ref # 2006-JAGC-76 Contract 2006JAGC-M0NR-1-M8- Florida Department of Law Enforcement Justice Assistance Grant - County -wide Federal Purpose Area: 004 - Corrections and Community Corrections Programs State Purpose Area: 20A - Corrections Alternatives - Halfway House Activity Description: Activity: Drug Testing Target Group: Drug Offenders Geographic Area: County -Wide Location Type: County -Wide Address(es): Peacock Apartments 1624 Spalding Court # 4 Key West, FL 33040 Activity Description: Activity: Assessment Target Group: Drug Offenders Geographic Area: County -Wide Location Type: County -Wide Address(es): Peacock Apartments 1624 Spalding Court # 4 Key West, FL 33040 Activity Description: Activity: Case Management Target Group: Drug Offenders Geographic Area: County -Wide Location Type: County -Wide Address(es): Application Ref # 2006-JAGC-76 Section #3 Page 2 of 6 Contract 2006-JAGC-MONR-1-M8- FMZ' Florida Department of Law Enforcement Justice Assistance Grant - County -wide Peacock Apartments 1624 Spalding Court # 4 Key West, FL 33040 Activity Description: Activity: Homeless Shelter Target Group: Drug Offenders Geographic Area: County -Wide Location Type: County -Wide Address(es): Peacock Apartments 1624 Spalding Court # 4 Key West, FL 33040 Activity Description: Activity: Referrals Target Group: Drug Offenders Geographic Area: County -Wide Location Type: County -Wide Address(es): Peacock Apartments 1624 Spalding Court # 4 Key West, FL 33040 Activity Description: Activity: Relapse Prevention Target Group: Drug Offenders Geographic Area: County -Wide Location Type: County -Wide Application Ref # 2006-JAGC-76 Section #3 Page 3 c)f 6 Contract 2006-JAGC-MONR-1-M8- Auddresskas\: Florida Department of Law Enforcement JuSdoe/\naistanceGnant-Countv-vvde Peacock Apartments 1824Spalding Court #4 Key West, FL 33040 20A.01 - Provide a specified number of offenders with transitional housing. Measure: Part 1 How many offenders will beNEW ADMISSIONS and/or READMISSIONS to transitional housing? Goal: 8 Objective: 2OA.D2'Provide offenders with case management services and daily structured activities. Measure: Part i Will most offenders beprovided with case management services? Goal: Yes Measure: Part 2 Will most offenders beprovided with daily structured activities? Goal: Yes Objective: 20A.03 -Providy offenders with short-term individual and group supportive life sWUo counseling. Measure: Part 1 Will most offenders beprovided life counseling? Goal: Yes Application Ref # 2006JAGC-76 Section #3 Page 4mf6 Contract 2006'JAGC-M0NR-1-yW8- Application 4 •' • Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Objective: PSO-01 - To provide a specified number of clients monthly drug tests. Measure: PSO-01.01 How many clients will be provided drug tests? Goal: 8 Application Ref # 2006-JAGC-76 Section #3 Page 5 of 6 Contract 2006-JAGC-MOLAR-I-M8- Florida Department ofLaw Enforcement Justice Assistance Grant - County -wide Section Questions: If "other" was selected for the geographic area, please describe. Ann: n/a If "other" was selected for location type, please describe. Anu: n/a Application Ref # 2006-JAGC-76 Contract 2000-JAGC'M0NR-1-M8- 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 SAMAS / Vendor Number: . 59-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $49,878.00 $0 00 $49 878 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 -- $49,878.00 $0.00 $49,878.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? : No Application Ref # 2006-JAGC-76 Section #4 Page 1 of 5 Contract 2006-JAGC-MOLAR-I-M8- Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative: CONTRACTUAL SERVICES Expenditures Salaries 187,000 Payroll Taxes 32,300 Employee Benefits - Subtotal Personnel 219,300 Insurances 65,000 Interest/Penalties - Utilities 66,000 Pest Control 6,000 Occupancy 70,500 Office Expense 14,000 Provisions 100,900 Resident Activities 18,500 Renovations - Professional Fees 23,000 Capital Expenditures 7,000 Resident Stabilization 10,000 Total Expenses 600,200 Peacock Apartments will have 24 beds out of 40 total U.S. Fellowship beds. 600,200 X 24/40 = 360,120(Cost of Peacock Apartments) per year Annual budget of Peacock Apts, if 24 beds = 360,120 Divided by 24 beds (Peacock)= 15,005 annual cost per bed Rent($450)paid by each client per month x 12= 5,400.00 per year Net annual cost per bed = 9,605 Net daily cost per bed ($9,605/365 days) = $26.32 Grant and Monroe County funds will pay for 2,527 days, or approximately 7 beds for one year. Purchasing methods to be used will conform to existing Federal, State, and Local laws and regulations. Budget category is contractual services. Monroe County will contract with U.S. Fellowship of Florida, Inc. for this project. Application Ref # 2006-JAGC-76 Contract 2006-JAGC-MONR-1-M8-138 Section #4 Page 2 of 5 Florida Department of Law Enforcement Justice Assistance Grant - County -wide How recently was the basis established or updated? 4/13/05 Total cost of the program is $66,504.00, and the JAG funding is $49,878,00, and the balance of program costs will be provided by Monroe County. Application Ref # 2006JAG[-70 Contract 2006-JAGC-MDNR-1-M8- Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: 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? Ans: Yes Indicate the Operating Capital Outlay threshold established by the subgrantee. Ans: 750 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. Ans: N/A 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. Ans: BUDGET Expenditures Salaries 187,000 Payroll Taxes 32,300 Employee Benefits - Subtotal Personnel 219,300 Insurances 65,000 Interest/Penalties - Utilities 66,000 Pest Control 6,000 Occupancy 70,500 Office Expense 14,000 Provisions 100,900 Resident Activities 18,500 Renovations - Professional Fees 23,000 Capital Expenditures 7,000 Resident Stabilization 10,000 Total Expenses 600,200 Peacock Apartments will have 24 beds out of 40 total U.S. Fellowship beds. 600,200 X 24/40 = 360,120(Cost of Peacock Apartments) per year Annual budget of Peacock Apts, if 24 beds = 360,120 Divided by 24 beds (Peacock)= 15,005 annual cost per bed Rent($450)paid by each client per month x 12= 5,400.00 per year Net annual cost per bed = 9,605 Application Ref # 2006-JAGC-76 Contract 2006-JAGC-MOLAR-1-M8-138 Section #4 Page 4 of 5 Florida Department of Law Enforcement Justice Assistance Grant - County -wide � Net daily cost per bed ($9.005/365days) =$2632 Grant and Monroe County funds will pay for 2,527 days, or approximately 7 beds for one Application Ref # 2006JAGC-76 Contract 2006JAGC-K4ONF-1-yN8-138 Edward Byrne Memorial Justice_ Assistance Grant (JAG) Program Florida Department of Law Enforcement CStandard 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 16 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 and Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 11 D-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug -free Workplace. 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-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement. 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, 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, 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. SFY 2006 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Other Reports. - The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1- 11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure 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 Project Expenditure Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to the Department within forty- five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (2) 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 (OCGJ). A subgrant recipient shall submit either monthly or quarterly project expenditures 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. (4) Before the "final" project expenditure request 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 the Department 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 9, Program Income.) c. Other Reports The subgrant recipient shall submit 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. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as amended), 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-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. SFY 2006 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 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. This request, 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. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. 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. 9. 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). 10. 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. 11. 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. 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-110 or A-102, as applicable. This obligation SFY 2006 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 12. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110 or A-102, as applicable. 13. 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. 14. Publication or Printing of Reports The subgrant recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 15. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program -specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the 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 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. SFY 2006 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Proqram Florida Department of Law Enforcement 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 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 the Department 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 the Department, 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 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 SFY 2006 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Proaram Florida Department of Law Enforcement or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. 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. 20. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. SFY 2006 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 21. 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. 22. 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 OJP Financial Guide (as amended), 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. 23. 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. 24. 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 and the ADP Justification 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. 25. 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. 26. 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 Department must be notified in writing with documentation to include appropriate signatures. 27. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of 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 SFY 2006 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement access to abuse records are deemed to be persons and positions of special trust or resoonsibility and require employment screening pursuant to Chapter 435, F.S., using the level 2 standards set forth in that chapter. 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 taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 28. Drug Court Projects a. A Drug Court Project funded by the JAG 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. 29. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 30. 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. 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. SFY 2006 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Proaram Florida Department of Law Enforcement 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. 31. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of 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. 32. 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. b. The subgrant recipient and 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). 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. 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. SFY 2006 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program_ Florida Department of Law Enforcement 33. 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 1), state and local government services and transportation (Title 11), public accommodations (Title II1), and telecommunications (Title IV). 34. 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. 35. 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 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. 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. 36. 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. 37. 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. SFY 2006 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Prociram Florida Department oftaw Enforcement 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 Lobbying Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 38. State Restrictions on Lobbying In addition to the provisions contained in Item 38, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 39. "Pay —to-Stay" Funds from this award may not be used to operate a "pay -to -stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay -to -stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to - stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 40. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is 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, 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. 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 SFY 2006 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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; 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. SFY 2006 Page 12 ------,-----Edward Byrne Memorial Justice Assistance Grant (JAG) Program _ Florida Department of Law Enforcement 41. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 42. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 43. 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. 44. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 45. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 46. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such SFY 2006 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 47. Omnibus Crime Control and Safe Streets Act The subgrantee 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, M7100.1- and all other applicable State and Federal laws, orders, circulars, or regulations. 48. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. SFY 2006 Page 14 CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program 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): XX 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): XX 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 s grant application for federal assistance is approved or face loss of federal funds. Sig Lure of Subgrante4th�®rized Official Type Name: Dixie M. Spehar Title: Mayor Subgrant Recipient: Monroe County Board of County Commissioners FDLE JAG Grant Application Package EEO Certification Page 2 of 2 (April 2005) CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program 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 ...(Select one of the following): XX 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): XX 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. Signa &e%f Implemehting Agefcy Authorized Official Type Name: Dixie M. Spehar Name of Subgrant Recipient: Monroe County Board of County Commissioners Name of Implementing Agency: Monroe County Board of County Commissioners Title: Mayor Date: /�^} FOLE JAG Grant Application Package EEO Certification Page 2 of 2 (April 2005) 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: ClayWnR. Wilder, Administrator Date: /() - 4�0 - C) 5' Typed Name of Subgrant Recipient: Monroe County Board of County Commissioners Signature: Typed Name and Title: Dixie M. Spehar, Mayor Date: Typed Name of Implementing Agency: Monroe County Board of County Commissioners Signature: Typed Name add Title: Dixie M. Spehar, Mayor Date: Application Ref # 2006-JAGC-76 Q--+;-- 41CZ n___ 1 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department ofLaw Effective Date: 10/81/05 Enforcement Expiration Date: 9/30/00 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Boys and Girls Club S.M.A.R.T. Gang Prevention program as part of Monroe County's FY06 Edward Byrne Memorial Law Enforcement Grant Program Contract Manager: David P.Owens 4482 0MB/GmntsMgt. (Name) (Ext.) (Department) for B(}CC meeting on 11/18/0 CONTRACT COSTS Total Dollar Value ofContract: $28.890.00 Current Year Portion: $28.090.00 Budgeted? Yes X No Account Codes: 125-OOO18-5304OO-GS001O-XXXXXX Grunt: $21.51700 County Match: $7,173.00 ADDITIONAL COSTS CONTRACT REVIEW Changes Date Out D Wal Needed R vlew Division Director YesE] No[j�r Risk Management YesEl NoD A/lw County Attorney Yes[:] N( OMB Form Revised 9/11/95 MCP #2 ����� ~���� ������J���������� ��������� ����������������� ����������� ��������m�n��������VL ���K ������ ��������uu������������� Guy Alt. Ttinnell, Coiiimissioner Jeb Bush, Governor - Charlie, {Jt,( A/m,neyGo/cru/ ~ TomGollaghel�[6i(/'Bnoncia/Qficur C6611-lex1I Bronson, Commisx/ono,9(J,,),'ieu1tunr The Honorable Dixi88p8h@[ Mayor Monroe County Board OfCommissioners 5OOWhitehead Street, Suite 102 Key West, FL 33040 Re: Contract No. 2008-JAGC-M[)NR-4-k48-138 Dear Mayor Spehar: The Florida Department OfLaw Enforcement iSpleased t0award 8DEdward BV[n9 K4erOOhG|Justice /\SSiSt8n&e (�r8DttOyour UD�0fg0VenODl8OtiDthe 8nl0UOt ' $ 21.517.00for the project 8ObUed'B[>YGANOG|RLS SMART - MARATHON AREA. These funds shall be utilized for the purpose of reducing crime and improving public A copy of the approved subgraint application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer tO the project OUnlber8Odtit/8. Your attention iSdirected tOthe Standard Conditions Ofthe SUbgr8Ot. These conditions ShOU|d be [8VieVvgd C3[efU||y by those p8rS0OS responsible for project od0iniStrgtiOD to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the d3ƒ3 of award. This certificate nODSiitUteS official acceptance of the award and must be received by the Department prior to the reimbursement ofany project 8xpeDditU[es. Committed to Service~ Integritv ^ Respect ~ Quafiry Office of Criminal Justice Grants Post Office Box 148Q.Tallahassee, Florida 323U2-148Q~(850)41O-87OO The Honorable Dixie Sp8h8[ Page Two VVRlook forward h]working with you UDthis project. |fvv8can be0ffurther assistance, please contact Janice Parish at 850/410-8700. SiDC8FD/y, L' 14. Clatyton H. Wilder A?Zini trator Enclosures State mfFlorida Office of Criminal Justice Grants Florida Department ofLaw Enforcement 2331Phillips Road Tallahassee, Florida 32308 CERTIFICATE DFACCEPTANCE OFSUB{SRANTAWARD The Subgrantee.through its authorized representative, acknowledges recei' �nOd acceptance ofsubor8ntaward number 20OO-J/\GC-K4[)NR-4-K88-130.inthe amount of $ 21.517.00. fora project entitled, BOYS AND GIRLS SMART- MARATHON AREA, for the period of1O/O1/2OO5through O0/3O/2OO6.tOb8implemented in accordance with the approved subgnantapplication, and Subiecttothe Florida Oepa�nnOntofLevvEnfonnenDent'eStandard Cond�ionaand ~any special conditions governing this subQn8nL (Signature OfSubonantne'a Authorized Official) (Typed Name and Title of Official) (Name of8uborsni**) (Date ofAcceptance) State of Florida Office ofCriminal Justice Grants Florida Department of Law Enforcement 2331Phi||ips Road Tallahassee, Florida 32308 GUBGRANTAWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date ofAward: OCT� J00� -_� . �""^ Grant Period: From: 10/01/2005 TO: 09/50/2006 Project Title: BOYS AND GIRLS SMART - MARATHON AREA Grant Number: 2006-JAGC-M(]NR-4-K48-136 Federal Funds: $21.517.O0 State Agency Match: Local Agency Match: $0.00 Total Project Cost: $ 21'517.00 State Purpose Area: O4A:Community Crime Prevention CFOANunnber: 16,738 Award is hereby made in the amount and for the period shown above of a subgrant under Title | of the Omnibus Crime Control and Safe Streets Act of19d8. P.L. 90- 351. as 8nnoDded, and the Anti -Drug Abuse Act of 1888. P.L. 100-890, to the above mentioned subgrnnieeand subject toany attached orspecial conditions. This avvan] is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D, Office ofJustice Programs, Common Rule for State and Local Governments and A- 87. or OMB Circulars Ar110 orA-102. as applicable, ondAr21. intheir entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization Of P.L. 00-351. as amended, and P.L. 100-690. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance OfSubgnsntAward isreturned tothe Department. Authorized Official Clayton H. Wilder Administrator / \ This award is subject to special conditions (attached). State of Florida Office mfCriminal Justice Grants Florida Department of Law Enforcement 2%3YPhillips Road Tallahassee, Florida 32308 For Subgrant Recipients receiving Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds under Federal Grant No. 2005-DJ-BX-0057, the following additional conditions apply: 1. Additional Restrictions OnLobbying 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(]JP. 2. Human Research Subjects Grantee agrees to comply with the requirements of28 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. 3. Global Justice Data Model Specifications To support public safety and justice information sharing, OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction al schemas (extensions, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at 4. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored byBJA. Application for Funding Assistance - Florida Department of Law Enforcement Justice Assistance Grant - County -wide Organization Name: Monroe County Board ofCommissioners County Organization is Located In: Monroe FBDOR SAKJ/\S: 50-6000749 Chief Official Position Name: Dixie Spehar Title: Mayor Address: 508VVhiteheud Stneet, Suite 102 City: Key West State: FL Zip: 33040 Email: b000dio1@monroacounty-fl.gov Phone: Ext: Chief Financial Official Position Name: DannyKohage Title: Clerk Address: 5O0Whitehead Street City: Key West State: FL Zip: 33040 Email: dku|hage@monroe-oerk.00m Foo:3O5-2S2-34GS Suncomn: Fax: Suncwmn: Application Rof# 2008- AGC-120 Section #1 Page of Contract 2006-JA0C-M0NR4-M8-130 Florida Department ofLaw Enforcement Justice Assistance Grant - County -wide Implementing Agency Organization Organization Name: Monroe County Board ufCommissioners County Organization isLocated In: Monroe FE|D[>RS8DAAS: 59'0000740 Chief Official Position Name: Dixie Spehar Title: Mayor Address: 500Whitehead Street, Suite 182 City: Key West State: FL Zip: 33040 Email: bocodhs1@monroeoou .gov Project Name: David Owens Title: Grants Administrator Address: 110OSimonton Street City: Key West State: FL Zip: 33040 Email: ovvena-david@nnonrueoounh/-fl.gov Application Ref # 2006-JAGC-128 Contract 2006-JA8C-. ONR4-1Vl8- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Project Information Project Title: BOYS AND GIRLS SMART- MARATHON AREA Project Sequence No: 0 Subgrantee: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2005 End Date: 9/30/2006 Problem Identification This program addresses the problem of youth crime, such as gang involvement, violence, and drug use. Children, their families, and the entire community benefit dramatically from having easily accessible quality after school programs. Data from a national study of after school programs by the Nellie Mae Foundation indicate that middle school children who spend three or more hours home alone during out of school time are significantly more likely to use drugs or alcohol, have high levels of stress and anger, experience more depression and behavioral problems, possess a lower self-esteem and perform poorly academically. The information from this study clearly points out the fact that a child's participation in a quality after school program not only benefits each child and the immediate family, but the entire community. At the end of each school day, nearly 1,300 children from the Marathon area will leave the safety of their classrooms. Some will go home to a parent, some will go to an extracurricular activity and some will go to work. But many children will go it alone. Lacking adult supervision or access to an after school program, these children will be in danger. We know from various studies and statistics that the rate of juvenile -related crime actually doubles during the after school hours. This period of time is when a youth is most likely to commit a sexual assault, become involved in substance abuse, sexual activities or crime. The Boys and Girls Club fills that void and reduces the risk of criminal and antisocial behaviors by offering positive after school programming for children. In addition, due to the high cost of living and the lack of affordable housing in Marathon and throughout Monroe County, most parents are forced to work two jobs. This results in a tremendous number of latch -key children being left with little or no adult supervision during the critical after school hours, school holidays, and vacations. While these young people seem particularly vulnerable, statistics and experience make it crystal clear that all children are at risk in the after school hours if left unsupervised. The problem transcends demographics. Too many children today grow up with few, if any, positive role models and little, if any, encouragement to resist alcohol, tobacco, other drugs, delinquent acts, or sexual activity. The norm and expectation for these young people, whether perceived or real, is that it is almost a "rite of passage" to participate in these destructive and often dangerous behaviors or actions. Not only is this the perception of young people themselves, but often the perception of the adults in their lives whose passive Application Ret # 2006-JAGC-120 Contract 2006-JAGC-MOLAR-4-M8- Section #2 Page 1 of 6 Application for • • Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide resignation encourages rather than discourages these behaviors. While young people are often taught skills to prepare them to face educational challenges, at critical stages of psychological, emotional, and intellectual development, they are often not taught the skills needed to make the successful transition from childhood to adulthood and to resist engaging in delinquent behaviors, premature sexual activity, or experimenting with drugs and alcohol. The Boys and Girls Club is committed to offering positive after school programs for youth in the community that address the issues of tobacco, alcohol, drugs premature sexual activity, violence, STD'S, gang activity, and healthy life skills. Needs Assessment. The Boys and Girls Club of the Keys Area currently provides services to over 120 children each day in its after school programs and over 160 children over the summer. Over 50% of these children are from single parent homes or from homes where there is history of domestic violence or substance abuse. Over ninety percent are from families with living at or below the Monroe County Poverty Level index. Currently, all children who attend any of the Boys and Girls Club receive financial assistance. This assistance is either from subsidized child care from the state of Florida, assistance from the Department of Children and Families or from a Boys and Girls Club scholarship. Families, especially single -parent families, cannot meet the needs of adolescents alone. Developmentally, adolescents need increased involvement with peers and adults other than their parents. In addition, young people must master new skills while experimenting with adult roles. While relationships with parents and families remain fundamental, the staff members of the Boys and Girls Club of the Keys Area can have a powerful, positive influence on the lives of young participants by providing additional continuity, direction, support and guidance. Emotional support is a vital source of affirmation. It is the addition of high expectations that motivates young people to excel. Research has consistently shown that young people benefit when they are asked to abide by clear rules and standards and when they are guided and monitored. Structure and predictability are critical elements that young people crave. The positive peer pressure and reinforcement of positive behavior developed with in the Boys and Girls Clubs of the Keys Area has and will continue to have a powerful impact on participant's choices and decisions Application Ref # 2006-JAGC-120 Section #2 Page 2 of 6 Contract 2006-JAGC-M0NR-4-M8- Application for Funding ssistc Florida Department of Law Enforcement Justice Assistance Grant - County -wide Project Summary With the guidance of caring adults, who mentor and empower them, members develop essential character traits including responsibility, respect for self and others, trustworthiness, fairness and caring - as they learn positive leadership skills that help them influence others in positive ways. Education and career development activities are designed to give young people the sense that they can do something well and have individual worth. Career exploration, discussing and debating important social issues, such as gang awareness, drug use and prevention, teenage pregnancy, STD'S, nutrition, and child abuse prevention offer constructive and ongoing dialogue. Health and fitness play a vital role in the Club which fosters and encourages healthy physical development, team building skills and other important life skills. Through recreational activities, Club members have fun and acquire self-confidence, a sense of fair play and skills in interpersonal relationships. These are the goals of Club related activities and programs: Our goal and commitment over the next funding cycle is to continue and enhance our efforts with our SMART Moves preventive programs by implementing this program in our Club in Marathon. These preventive programs are age specific and designed to encourage collaboration, interaction, support and education among Club staff, youth, parents and community service providers. The goals of each of these programs are to develop a positive concept of self worth; development of leadership skills; build resiliency; peer support and enhance each child's abilities to make positive decisions, to think before acting and to be proactive to situations rather than reactive. These year round programs are designed to educate and assist young people to resist alcohol, tobacco, substance abuse, delinquent behavior, gang involvement and premature sexual behaviors. The SMART Moves program serves as the foundation for SMART Parents; SMART Girls; Passport to Manhood, Act Smart and Street Smart. The short term goal would be to establish a Boys and Girls Club in Marathon and to begin to offer an array of preventive, academic, and recreational programming to the youth of that community. Long term goals would be to continue to expand the number of youth we serve, days we are open as well as doing some community outreach. The service provider agency will be the Boys and Girls Clubs of the Keys Area; its administrative location is 1400 United Street, Suite 108, Key West, FL 33040 The relationship of the County to the service provider will be contractual. The Boys and Girls Club of the Keys has a Universal Prevention license from the Florida Department of Children and Families This is not a new activity for the provider, but a geographical change only. We are expanding our successful prevention program in Key West to Marathon and duplicating our SMART MOVES gang prevention program. The Boys and Girls Clubs of the Keys is excited to be partnering with The Educational Coalition for Monroe County (ECMC) to implement and develop a Boys and Girls Club in Marathon. ECMC is a county wide organization, founded in 1996 as a youth advocacy Application Ref # 2006-JAGC-120 Contract 2006-JAGC-MOLAR-4-M8- Section #2 Page 3 of 6 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 19701 . ., group. This partnership will result in an expansion of year round program opportunities in Marathon that support learning, motivation and leadership development. Project Staff The Unit Director will supervise the Marathon Club and Project, Prevention. The Programs Coordinator will implement and run the prevention program, and a DARE Police officer and/or Certified Addictions Professional will run drug education groups activities. All Project staff will be employees of the Boys and Girls Clubs of the Keys Area. All Training will be by the Boys and Girls Clubs of the Keys Area For the last three years the Boys and Girls Club of the Keys have administered a very successful SMART Moves Prevention Program in our Key West Club. We will be utilizing the present administration structure, experience and programming of the Boys and Girls Club, i.e. Executive Director, to establish and implement the SMART MOVES Prevention Program in our Club in Marathon. Board of Directors -Local oversight of organization Executive Director -Administrative Oversight of organization Marathon Unit Director -Oversight of Club in Marathon Prevention Coordinator -Implementation of Project in Marathon Dare Officer or Certified Addictions Professional -Provide drug and or alcohol educational classes or activities. Four to Five employees, depending on the number of youth in attendance, will provide project activities. They will be agency staff, funded with project funds. Project Location. The project will be located within the city of Marathon. Marathon Skate Park and Marathon Middle School. It will serve children in the middle keys area of Monroe County. The Boys and Girls Club serves the lower and middle keys. Project Activities/Administration Academic Tutoring: Monday to Friday offered from 2:30 pm to 5pm. At least 15 children will be involved daily. Alternative Drug Free events offered each day include: sporting activities such as baseball, kickball, flag football, soccer, Jump rope, basketball and 4 square. These inspire and teach cooperation, fair play, and sportsmanship as well as bonding the participants and strengthening the anti drug message. Our two SMART girls group meets every Monday afternoon for an hour, run by the Club's Certified Additions Prevention Professional. Groups are divided by age and focus on drug and alcohol education, life skills education, anger management and health issue. Our Passport to Manhood meets each Monday for an hour and focuses on substance Application Ref # 2006-JAGC-120 Contract 2006-JAGC-MOLAR-4-M8- Section #2 Page 4 of 6 Application r Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide abuse education, crime prevention, anger control and other preventive and life skills associated with male adolescents. Community Service Projects: Every other month on Saturday or Sunday. Hours will vary, but will be a minimum of 2 hours and 15 children. Crime and Substance Prevention Education: Once per week, 1 hour for each class and a maximum of 10 children kids in each class Life Skill Development: Once per week, 1 hour for each class and a maximum of 10 children kids in each class. Recreation Programs: Daily activities (kickball, basketball jump rope baseball etc.) Each is at least'/2 hour and involves a minimum of 5 children. Summer Camp activities: 10 weeks during the public school's summer vacation. A minimum of 90 children will participate Monday to Friday from 8 am to 5 pm. We will offer the same activities as in our traditional after school program. Our plan in Marathon is to be open and provide programming and services for over 250 calendar days. Forty to Fifty children will participate and be enrolled in the SMART MOVES Prevention Programs. Target Groups, Clients, and Participants. Male and female youth in grades 5 to 8 with two of the following traits will be targeted for this program, with a special emphasis on youth from disadvantaged families: involvement in the Juvenile Justice System, weak family structure, lack of a positive role model, poor academic performance, behavioral problems in school, absenteeism or truancy, or substance abuse by family members. Staff observation and parental referrals are also included in the selection process. Project Results Successful completion of the program consists of attendance at all classes and successful completion of a post test or post test interview at the conclusion of each program. Anyone who does not successfully complete the program may attend the during the next four week cycle. There will be a ceremony for successful graduates of each SMART MOVES preventive program offered at the Club. Award Certificates will be issued to each graduate. Sanctions, depending on behavior would include time outs/removal from program activities. Application Ref # 2006-JAGC-120 Contract 2006-JAGC-MONK-4-M8- Section#2 Page 5 of 6 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Application Ref # 2006-JAGC-120 Contract 2006-JAGC-MONR-4-M8- Section #2 Page 6 of 6 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Performance Info: Performance Reporting Frequency for this Subgrant: Quarterly Application Ref # 2006-JAGC-1 20 Contract 2006-JAGC-MONR-4-M8- Section #3 Page 1 of 7 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: 04A - Community Crime Prevention Activity Description: Activity: Academic Tutoring Target Group: Children Geographic Area: City -Wide Location Type: Boys and Girls Clubs Address(es): Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon , FL 33050 Activity Description: Activity: After School Program Target Group: Children Geographic Area: City -Wide Location Type: Boys and Girls Clubs Address(es): Boys and Girls Club c/o Stanley Switlik School 3400 Overseas Hwy Marathon , FL 33050 Activity Description: Activity: Community Service Target Group: Children Geographic Area: City -Wide Location Type: Boys and Girls Clubs Application Ref # 2006-JAGC-1 20 Contract 2006-JAGC-lVl0NR-4-lVl8- Section #3 Page 2 of 7 Application for Funding Assistance _ Florida Department ofLaw Enforcement Justice Assistance Grant - County -wide Boys and Girls Club c/o Stanley SvvitlikSchool 34O0Overseas Hwy Marathon .FL33O50 Activity Description: Activity: Crime Prevention Education Target Group: Children Geographic Area: City -Wide Location Type: Boys and Girls Clubs Boys and Girls Club c/o Stanley 3vvdik School 3400Overseas Hwy Marathon .FL3305O Activity Description: Activity: Drug Free Events Target Group: Children Geographic Area: City -Wide Location Type: Boys and Girls Clubs Auddrmsm(ea): Boys and Girls Club c/o Stanley SvvitlihSchool 34OOOverseas Hwy Marathon . FL33O50 Activity Description: Activity: Life Skills Training Target Group: Children Geographic Area: City -Wide Location Type: Boys and Girls Clubs Application Ref # 2006JAG[-120 Contract 2006-JAGC-MDNR4-K88- Florida Department of Law Enforcement Justice Assistance Grant - County -wide Boys and Girls Club c/o Stanley SwitlikSchool 34O0Overseas Hwy Marathon . FL33O50 Activity Description: Activity: Recreation Program Target Group: Children Geographic Area: City -Wide Location Type: Boys and Girls Clubs Address(ema): Boys and Girls Club c/o Stanley SvvitlikSchool 3400Overseas Hwy Marathon . FL33O5U 04A.01 - Provide m specified number o7alternative drug -free events. [Alternative drug -free events would include any participatory event designed to strengthen the anti -drug message and/or anti -crime message.] Measure: Part 1 How many alternative drug free events will beconducted? Goal: 12 Objective: O4A.O2-Present ospecified number ofcrime and substance abuse prevention education classes. Measure: Part 1 IeTIMT�� Application Ref # 2006-JA8C-120 Contract 2000-JAGC-K80NR-4M8- Florida Department of Law Enforcement Justice Assistance Grant - County -wide 04A.D3-Conduct aspecified number oflife skill development education classes. Measure: Part 1 How many life skill development education classes will bepresented? Goal: 35 Objective: 04A.04 - Create, expand, or enhance community, neighborhood, or school - based recreation programs. Measure: Part 1 Will the subgrant create or expand one or more community or neighborhood recreation programs? Goal: Yes Measure: Part 2 Will the activities include academic tutoring? Goal: Yes Measure: Part 3 Will the activities include drug awareness and prevention oduuaUon?. Goal: Yes Objective: 04A.09 -Conduota specified number ofcommunity service projects which may include neighborhood clean-up campaigns. Measure: Part 1 How many community service projects which may include neighborhood clean-up campaigns, will be conducted. ��� 04A.15 - Provide academic tutoring to a specified number of students. Application Ref # 2008JAGC-120 Contract 2006-JAGC-lVl0NR4-lVl8- Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Goal: 14 Application Ref # 2006-JAGC-1 20 Contract 2006-JAGC-MONR-4-M8- Section #3 Page 6 of 7 Application for Funding AssistancM Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: If "otherwas selected for the geographic area, please describe. If^othor"was selected for location type, please describe. Application Ref # 2005JAGC-120 Contract 2006-JAG[-NY0NR~1K88- A'��,N-��t'��8� ��� ��K�X�»�'���� �����-�����ce ���_ _ -_ Funding _° Assistance ..~~= Florida Department of Low 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 /sthe subDranteeastate agency?: No SAK8AS/Vendor Number: 50-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $8,00 Contractual Services $21.51700 $0.00 $21.517�00 Expenses $0.00 $0.00 $ODO Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $ODO $0.00 —Toto|s — $21.517.00 $0.00 $21'517.00 Percentage 100.0 0.0 108.0 Project Will the project earn project generated income (PG|)?No Application Ref # 2000JAGC-120 Section #4 Page of �A -Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative: CONTRACTUAL SERVICES Personnel (Grant and match will fund approximately 47.9% of each) Marathon Prevention Programs Coordinator (P/T) 25hra%12.00hrX52weeks X.470 7`467 FICA (rounded) 571 TOTAL 8.038 Police Officer/Certified Addictions Prevention Professional 3hrnX25.U0per hrX4Oschool weeks X.47S1.31G 2hns><$25.00perhrX1OoummervveekoX.479 571 FICA rounded 117 TOTAL 2.004 Marathon Unit Director 25hm%14.00HrX52weeks X.470 8.712 FICA rounded 540 TOTAL 9.252 Activity Coordinator 25hnax1O.0Ox52weeks >{.4706.223 FICA rounded 386 TOTAL $6.888 AdministrabonCosts/Training 20hcaX15.00X12months X.47S1.723 FICA rounded 107 TOTAL 1.830 Operating supplies (vidaos.work books, etc) S57 TOTAL BUDGET $ 28.690 Monroe County will contract with Boys and Girls Club for these services. Purchasing methods to be used will conform to existing Federal, State, and Local laws and regulations. Budget category is contractual services. Total program cost ie$28.80U.00.and the JAG portion ia821.517.O0.The balance ofthe program cost will beprovided byMonroe County. Application Ref # 2000JAS[-120 Contract 2000-JA0[-NYONR'4'K88- Florida Department of Law Enforcement Justice Assistance Grant - County -wide Application Ref # 2006-JAG[-120 Contract 2000-JAGC-MONR4-M8- Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: 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? Ans: Yes Indicate the Operating Capital Outlay threshold established by the subgrantee. Ans: 750 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. Ans: n/a 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. Ans: n/a Application Ref # 2006-JAGC-120 Contract 2006-JAGC-MONR-4-M8- Section #4 Page 4 of 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Standard Conditions Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 16 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 and Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance as well as Florida laws and regulations including the Florida Administrative Code Chapter 11D-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug -free Workplace. 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-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement. 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, 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, 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. SFY 2006 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Other Reports: The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. b. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1- 11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure 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 Project Expenditure Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to the Department within forty- five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (2) 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 (OCGJ). A subgrant recipient shall submit either monthly or quarterly project expenditures 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. (4) Before the "final" project expenditure request 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 the Department 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 9, Program Income.) c. Other Reports The subgrant recipient shall submit 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. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as amended), 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-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. SFY 2006 Page 2 _ Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 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. This request, 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. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. 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. 9. 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). 10. 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. 11. 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-110 or A-102, as applicable. This obligation SFY 2006 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program _ Florida Department of Law Enforcement continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 12. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110 or A-102, as applicable. 13. 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. 14. Publication or Printing of Reports The subgrant recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 15. 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 Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. 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 IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. 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. SFY 2006 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 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 the Department 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 the Department, 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 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 SFY 2006 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. 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. 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. 20. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. SFY 2006 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 21. 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. 22. 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 OJP Financial Guide (as amended), 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. 23. 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. 24. 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 and the ADP Justification 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. 25. 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. 26. 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 Department must be notified in writing with documentation to include appropriate signatures. 27. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes 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 SFY 2006 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. 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 taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 28. Drug Court Projects a. A Drug Court Project funded by the JAG 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. 29. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 30. 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. 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. SFY 2006 Page 8 Edward Bvrne Memorial Justice Assistance Grant (JAG) Proaram Florida Department of Law Enforcement 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. 31. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of 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. 32. 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. b. The subgrant recipient and 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). 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. SFY 2006 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 33. 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 1), state and local government services and transportation (Title 11), public accommodations (Title III), and telecommunications (Title IV). 34. 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. 35. 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 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. 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. 36. 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. 37. 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. SFY 2006 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Florida Department of Law Enforcement 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 Lobbying Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 38. State Restrictions on Lobbying In addition to the provisions contained in Item 38, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 39. "Pay —to-Stay" Funds from this award may not be used to operate a "pay -to -stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay -to -stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to - stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 40. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is 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. 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 SFY 2006 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program_ Florida Department of Law Enforcement 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; 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 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. SFY 2006 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG Florida Department of Law Enforcement 41. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title V| and the Safe Streets Act, recipients are required to take reasonable steps toensure that LEp persons have meaningful access totheir programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to ouuiut agencies to comply with Title V| requirements. The guidance document can be accessed on the Internet at vmxmv]ep.gov, or by contacting ()JP'n [)Mioe for Civil Rights at (202) 307-0000. or by writing to the following address: Office for Civil Rights Office ofJustice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC2O531 42.The Coastal Barrier Resources Act The aubgnanbyaviU comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (PL 97-348) dated October 18. 1982 (10 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 43. Enhancement mfSecurity 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 ohma in the geographic area where the enhancement ioundertaken; (b) conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 44. Environmental Protection Agency's (EPA)list mfViolating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt ofany communication from the Director of the EPA Office of Federal Activities indicating that ofacility to be used in the project is under consideration for listing bythe EPA. 45.Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Actuf1Q73. 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. 46. National Historic Preservation Act The subgnanhae will uaoisi the Department in its compliance with Section 108 of the National Historic Preservation Act of1O66asamended (16 USC47O). Executive Order 11583. and the Archeological and Historical Preservation Act of1Q86 (16 USC 569a-1 etuaq.) by(a)consulting with the State Historic Preservation Officer as nooeosary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFF( Part 800.8) by the aotivity, and notifying the Department of the existence of any such Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 47. Omnibus Crime Control and Safe Streets Act The subgrantee 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, M7100.1; and all other applicable State and Federal laws, orders, circulars, or regulations. 48. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. SFY 2006 Page 14 CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program 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): XX 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): XX 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 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. Sign ur of Subgrantee uthorized Official Type Name: Dixie M. Spehar Title: Mayor Subgrant Recipient: Monroe County Board of County Commissioners Date: le�) FDLE JAG Grant Application Package _ EEO Certification Page 2 of 2 (April 2005) CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program |. the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of10SOosamended, that this Implementing Agency ./Se/eofone nfthe XX Meets Act Criteria Does not meet Act Criteria | affirm that | have road the Act criteria set forth in the SubgrantApp|icadon Instructions. | understand that if the Implementing Agency meets these ohteha, it must formulate, implement and maintain a written EEO Plan relating to employment pnaotkmo affecting minority persons and women. | also uffinn that the Implementing Agency . . . (Select one o/the follow/inA): XCX_Has aCurrent EEO Plan 1Does Not Have oCurrent EEO Plan |aIncluded inthe EEO Plan ofthe SubgnantRecipient. Has included acopy ufthe current approval letter from the USDOJ | further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal |uvv requires it to fonnu|aba, imp|*ment, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature,6f I'mplementing AgeOncy Authorized Official Type Name: DixksK4. Spehur Name ofSubgnantRecipient: Monroe County Board o(County Commissioners Name ofImplementing Agency: Monroe County Board ofCounty Commissioners Title: Mayor pDLsJAG Grant Page 2 of 2 (A*mznos) Florida Department of Law Enforcement Justice Assistance Grant - County -wide |nwitness whereof, the parties affirm they each have read and agree tothe conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this 8gna8rnent bytheir duty authorized officers on the date, month and year set out below. Corrections onthis page, including Gtrikeovere. whiteout, etc. are not acceptable. ` Signature: Typed Name and Title: Clayton H. Wilder, AftflistrAr Dote: Ci-a6-0 5 Typed Name OfG Monroe County Board of County Commissioners Signature: lzd�j Typed Name and Title: Dixie M. Spehar, Mayor Typed Name ofImplementing Ag8nuy: Monroe County Board of County Commissioners Signature: Typed Name and Title: Dixie M. Spehar,