Item E03BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 16, 2005
Bulk Item: Yes N No F]
Division: Budget and Finance
Department: Grants
Staff Contact Person: David P. Owens
AGENDA ITEM WORDING: Approval of contracts with providers of programs funded by
the Edward Byrne Memorial 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 BOCC 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 FDLE are
also on today'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 N No F1
COST TO COUNTY: 47,895.00 SOURCE OF FUNDS: ad valorem taxes
REVENUE PRODUCING: Yes 0 No AMOUNT PER MONTH
YEAR
APPROVED BY:COUNTY ATTY Z OMB/PURCHASING R1% MANAGEMENT Z
DIVISION DIRECTOR APPROVAL.
SaIvatore-1R. Z'al!fpulla
DOCUMENTATION: INCLUDED: Z NOT REQUIRED: F-1
DISPOSITION: AGENDA ITEM #:
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M{)NRDECOUNTY BOARD OFCOUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe County Education Effective Date: 10/01/05
Foundation'
\
' Expiration Date: 9/30/06
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: DuvidP. Ovvana 4482 OMB/Grants Mgt.
(Name) (Ext.) (Department)
CONTRACT COSTS
Total Dollar Value ofContract: $39.820.00 Current Year Portion: $30.020.08
Budgeted? Yes X No Account Codes: 135-08021-530480-GG0612-XXXXXX
Grant: 829.715.00
County Match: $8.90500
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.
CONTRACT REVIEW
Changes
Date Out
Division Director
,Vt,e
Needed
YesEl Nov
��V6_f
Risk Management
Yes[:] No0-
County Attorney
05
Yes[:] No[j,�`
OMB Form Revised 01105MCP #2
EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
FORMULA GRANT FUNDS AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 2005, by and between MONROE COUNTY, a political subdivision of
the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter
referred to as "COUNTY," and Monroe County Education Foundation, whose address is Post
Office Box 1788, Key West, Florida 33040, hereinafter referred to as "PROVIDER."
WITNESSETH
WHEREAS, the Florida Department of Law Enforcement has awarded a sub -grant of
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds to
the COUNTY to implement a program that provides drug free events, crime and substance
abuse prevention classes, life skills development classes, and community service projects; and
WHEREAS, the County is in need of an implementing agency to provide said services
under this Program; and
WHEREAS, the PROVIDER is the sole provider of this program; and
WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial State
and Local Law Enforcement Assistance Formula Grant Funds to the PROVIDER in accordance
with the COUNTY'S application for the Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Funds.
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and the PROVIDER agree as follows:
1. TERM - The term of this Agreement is from October 1, 2005, through September 30,
2006, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein.
2. SERVICES - The PROVIDER will provide services as outlined in the COUNTY'S Anti -
Drug Abuse Sub -grant Award, attached and made a part hereof.
3. FUNDS - The total project budget to be expended by the PROVIDER in performance
of the services set forth in Section 2 of this agreement shall be the total sum of $39,620.00.
The total sum represents federal grant/state sub -grant support in the amount of $29,715.00 and
local matching funds in the amount of $9,905.00, which amount shall be provided by the county
through the grant matching funds account. All funds shall be distributed and expended in
accordance with the Project Budget Narrative submitted as outlined in the grant agreement.
4. INCORPORATION BY REFERENCE - The provisions of those certain
documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of
Law Enforcement Subgrant Award Certificate and Application" therefor and all laws, rules and
regulations relating thereto are incorporated by reference, (Attachment C).
5. IMPLEMENTING AGENCY BOND - The PROVIDER is an implementing agency
under the COUNTY'S Edward Byrne Memorial State and Local Law Enforcement Assistance
Formula Grant Program, and shall be bound by all the provisions of the documents
incorporated by reference in Section 4 of this Agreement. Additionally, the PROVIDER shall be
bound by all laws, rules, and regulations relating to the COUNTY'S performance under the
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program.
(a) The PROVIDER shall render to the COUNTY, at the close of each calendar month,
an itemized invoice properly dated, describing the services rendered, the cost of the services,
and all other information required by the Program Director. The original invoice shall be sent to:
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL 33040
(b) Payment shall be made after review and approval by the COUNTY within thirty (30)
days of receipt of the correct and proper invoice submitted by the PROVIDER.
7. TERMINATION - This Agreement may be terminated by either party at any time, with
or without cause, upon not less than thirty (30) days written notice delivered to the other party.
The COUNTY shall not be obligated to pay for any services provided by the PROVIDER after
the PROVIDER has received notice of termination. In the event there are any unused Edward
Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds, the
PROVIDER shall promptly refund those funds to the COUNTY or otherwise use such funds as
the COUNTY directs.
8. ACCESS TO FINANCIAL RECORDS - The PROVIDER shall maintain appropriate
financial records which shall be open to the public at reasonable times and under reasonable
conditions for inspection and examination and which comply with the Agreement incorporated in
Section 4 of this Agreement.
9. AUDIT - The PROVIDER shall submit to the COUNTY an audit report covering the
term of this Agreement, within one -hundred twenty (120) days following the Agreement's lapse
or early termination and shall also comply with all provisions of the Agreement incorporated in
Section 4 of this Agreement.
10. NOTICES - Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered United States mail, with return receipt requested, and
sent to:
FOR COUNTY:
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL 33040
FOR PROVIDER:
Dan Kratish
Monroe County Education Foundation
P.O. Box 1788
Key West, FL 33040
Either of the parties may change, by written notice as provided above, the addresses or
persons for receipt of notices.
11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the
Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level
sufficient to allow for the services specified herein, this Agreement may then be terminated
immediately, at the option of the COUNTY, by written notice of termination delivered in person
or by mail to the PROVIDER at its address specified above. The COUNTY shall not be
obligated to pay for any services provided by the PROVIDER after the PROVIDER has received
notice of termination.
12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services
pursuant to this Agreement, the PROVIDER shall abide by all statutes, ordinances, rules, and
regulations pertaining to, or regulating the provision of, such services, including those now in
effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State
of Florida and Article 1 of the United States Constitution, which provide that no revenue of the
state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect
or religious denomination or in aid of any sectarian institution. Any violation of said statutes,
ordinances, rules, or regulations shall constitute a material breach of this Agreement
immediately upon delivery of written notice of termination to the PROVIDER. If the PROVIDER
receives notice of material breach, it will have thirty days in order to cure the material breach of
the contract. If, after thirty (30) days, the breach has not been cured, the contract will
automatically be terminated.
13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall
assign this Agreement or any interest under this Agreement, or subcontract any of its
obligations under this Agreement, without the written consent of the other.
14. INDEPENDENT CONTRACTOR/EMPLOYEE STATUS — The PROVIDER is an
independent contractor. No statement in this agreement shall be construed so as to find the
PROVIDER, its employees, contractors, servants, volunteers, or agents to be employees of the
COUNTY. Persons employed by the PROVIDER in the performance of services and functions
pursuant to this Agreement shall have no claim to pension, worker's compensation,
unemployment compensation, civil service or other employee rights or privileges granted to the
COUNTY'S officers and employees either by operation of law or by the COUNTY.
15. INDEMNIFICATION - The PROVIDER agrees to hold harmless, indemnify, and
defend the COUNTY, its commissioners, officers, employees, and agents against any and all
claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or
related to the provision of services hereunder by the PROVIDER.
16. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe
County, Florida, on the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
�TTON
RNY
f
Witness
Mayor/Chairman
Monroe County Education Foundation
Title:
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service Organizations, county travelers,
and contractual parties who have reimbursable expenses associated with Monroe County business.
These guidelines, as they relate to travel, are from Florida Statute 112.061.
A cover letter summarizing the major line items on the reimbursable expense request needs
to also contain a notarized certified statement such as:
"I certify that the attached expenses are accurate and in agreement with the records
of this organization. Furthermore, these expenses are in compliance with this organization's
contract with the Monroe County Board of County Commissioners."
Invoices should be billed to the contracting agency. Third party payments will not be
considered for reimbursement. Remember, the expense should be paid prior to requesting a
reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the
contract. This document should not be considered all-inclusive. The Clerk's Finance
Department reserves the right to review reimbursement requests on an individual basis.
Any questions regarding these guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter -company allocations are not
considered reimbursable expenditures unless appropriate payroll journals for the charging
department are attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is
needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or
hourly rate, total hours worked, withholding information and payroll taxes, check number
and check amount. If a Payroll Journal is not provided, the following information must be
provided: check amount, check number, date, payee, support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for
reimbursement. For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are
not allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement.
The log must define the date, number of copies made, source document, purpose, and
recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the
vendor invoice and a sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller,
the telephone number, the date, and the purpose of the call.
Travel Expenses
Travel expenses must be submitted on a State ofFlorida Voucher for Reimbursement of
Travel Expenses. Travel must besubmitted in accordance with Florida Statute 112.061.
Credit card statements are not acceptable documentation for reimbursement. If attending a
conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the
original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to
facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel
purchases should be documented with paid receipts. Taxis are not reimbursed if taken to
arrive at departure point: for example, taking a taxi from one's residence to the airport for
a business trip is not reimbursable. Parking is considered a reimbursable travel expense at
the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero.
Room must be registered and paid for bytraveler. The County will only reimburse the
actual room and related bed tax. Room service, movies, and personal telephone calls are
not allowable expenses.
Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal
guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before
noon and end after p.m. for lunch reimbursement, and before 6 p.m. and end after p.m.
for dinner reimbursement.
Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while
on County business. An odometer reading must be included on the state travel voucher for
vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For
example, driving form one's home tothe airport for a business trip is not reimbursable
expense.
Non -allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures
(unless specifically included in the contract), contributions, depreciation expenses (unless
specifically included in the contract), entertainment expenses, fundraising, non -sufficient
check charges, penalties and fines.
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
The following is a summary of the expenses for ( Organization name) for the time
period of to
Check # Payee
97=601
Amount
101 Company A Rent $ X'XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total XXX.XX �
(B) Total prior payments $ X'XXX.XX
(C) Total requested and paid (A + B) $ X'XXX.XX
(D) Total contract amount $ X'XXX.XX
Balance of contract (D-C) 1AX—M �Xxx
I certify that the above checks have been submitted to the vendors as noted and
that the expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in compliance with this
organization's contract with the Monroe County Board of County Commissioners and
will not be submitted for reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this. day of 2001
by who is personally known to me.
Notary Public Notary Stamp
ETHICS CLAUSE
*91;K991 I 10 IN VM a KORN 1 i
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
Date:
STATE OF
X611101cgs] 9
(signature)
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this day of
,19
NOTARY PUBLIC
My commission expires:
• - l ' Nl _ 1
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list."
Florida Department of Law Enforcement
0 —WM
Gity M. Tuniiell, Cmimissioner Jeb Bush, Governor
Charlie (7rist, Attorney General
Tom Gallagher: ChicFinancial Officer
Charles 11. Bronson, Conimissioner qfAgriculture
The Honorable Dixie Spehar
Mayor
Monroe County Board of Commissioners
500 Whitehead Street, Suite 102
Key West, FL 33040
Re: Contract No. 2006-JAGC-MONR-3-M8-139
Dear Mayor Spehar:
The Florida Department of Law Enforcement is pleased to award an Edward Byrne
Memorial Justice Assistance Grant to your unit of government in the amount of
$ 29,715.00 for the project entitled, MONROE YOUTH CHALLENGE MIDDLE
SCHOOL PROGRAM. These funds shall be utilized for the purpose of reducing crime
and improving public safety.
A copy of the approved subgrant application with the referenced contract number is
enclosed for your file. All correspondence with the Department should always refer to
the project number and title.
Your attention is directed to the Standard Conditions of the subgrant. These conditions
should be reviewed carefully by those persons responsible for project administration to
avoid delays in project completion and costs reimbursements.
The enclosed Certification of Acceptance should be completed and returned to the
Department within 30 calendar days from the date of award. This certificate constitutes
official acceptance of the award and must be received by the Department prior to the
reimbursement of any project expenditures.
Committed to
Service - IntegritV - Respect . 011alit-V
Office of Criminal Justice Grants
Post Office Box 1489, Tallahassee, Florida 32302-1489 - (850) 410-8700
www. fd1e. state. fl. us
The Honorable Dixie Gp8h8r
Page Two
We look forward tOworking with you OOthis project. |fVY8can be0ffurther assistance,
please contact Janice Parish at 850/410-8700.
Sincerely,
��'
(�(8vhzO VVi|der
Administrator
'_ ��.
Enclosures
State ofFlorida
Office ufCriminal Justice Grants
Florida Department mfLaw Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The SuhoraDtexe'through its authorized representative, 8Cknovv8dg8SnaC8iotand
acceptance OfSubon8Otaward number 2OO8-JAGC-MC}NR-3-M8-139'iDthe amount
of $ 28.715.0O.for 2project 8Otided'MC}NR[)EYC)UTHCHALLENGEM|[)OLE
SCHOOL PROGRAM, for the period of1O/O1/20O5through O9/30/2O06,t0be
implemented in accordance with the approved subgrant application, and subject to
the Florida Department of Law Enforcement's Standard Conditions and any special
conditions governing this SubOr8DL
(Signature of Subgrantee's Authorized Official)
(Typed Name and Title of Official)
(Name of Subgrantee)
(Date ofAcceptance)
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
SUBGRANT AWARD CERTIFICATE
Subgrantee: Monroe County Board of Commissioners
Date of Award: OCT - 7 2005
Grant Period: From: 10/01/2005 TO: 09/30/2006
Project Title: MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM
Grant Number: 2006-JAGC-MONR-3-M8-139
Federal Funds: $ 29,715.00
State Agency Match:
Local Agency Match: $ 0.00
Total Project Cost: $ 29,715.00
State Purpose Area: 04A : Community Crime Prevention
CFDA Number: 16.738
Award is hereby made in the amount and for the period shown above of a subgrant
under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-
351, as amended, and the Anti -Drug Abuse Act of 1988, P.L. 100-690, to the above
mentioned subgrantee and subject to any attached or special conditions.
This award is subject to all applicable rules, regulations, and conditions as contained
in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D,
Office of Justice Programs, Common Rule for State and Local Governments and A-
87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It is
also subject to such further rules, regulations and policies as may be reasonably
prescribed by the State or Federal Government consistent with the purposes and
authorization of
P.L. 90-351, as amended, and P.L. 100-690.
This grant shall become effective on the beginning date of the grant period provided
that within 30 days from the date of award, a properly executed Certificate of
Acceptance of Subgrant Award is returned to the Department.
AuthorizedlOfficial
Clayton H.Wilder
Administrator
( ) This award iSsubject tospecial ConditiOns(xttooh8d).
State of Florida
Office ofCriminal Justice Grants
Florida Department ofLaw Enforcement
23]1Phillips Road
Tallahassee, Florida 32300
ADDENDUM TOSTANDARD CONDITIONS
For Subgrant Recipients receiving Edward Byrne Memorial Justice Assistance Grant
(JAG) Program funds under Federal Grant No. 2OO5-UJ-BX-OO57.the following
additional conditions apply:
1. Additional Restrictions ODLobbying
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.
3. Human Research Subjects
Bn8Otoe 8QnaeS to comply with the requirements of28 C.F.R. part 46 and all (]fUoe of
Justice Programs policies and procedures regarding the protection of human
n3SeorCh ouhieCta. including obtainment OfInstitutional 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 a|sohernoS
(extensions, constraint, proxy) generated as a result of this grant to the component
registry as specified in the guidelines. This information iSavailable ot
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 byBJ/\.
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Subgrantee Organization
Organization Name: Monroe County Board ofCommissioners
County Organization is Located In: Monroe
FB[]O0SAK0AS: 59'6000749
Chief Official Position
Name:
DixiuSpehar
Title:
Mayor
Address:
50OWhitehead Street, Suite1O2
City:
Key West
State;
FL Zip: 33040
Email:
buocdis1@�nonroecnunty-U.gov
Phone:
Ext
Chief Financial Official Position
Name:
DannyKuhage
Tithe:
Clerk
Address:
5OUWhitehead Street
City:
Key West
State:
FL Zip: 33040
Email:
dko|hage@nxonroe'cerk.00m
Fax:3O5-2A2-3460 Suncorn:
FoV:305-2QG-3G83 Gunmonn:
��----�
Application Ref# 2000-JAG[-118 Section #1 Page of
Contract 2006-JAGC'K8ONR'3-[W8-130
Application 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: boccdisl @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-1 16 Section #1 Page 2 of 2
Contract 2006-JAGC-M0NR-3-lVl8-
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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-MOLAR-3-M8-
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Florida Department of Education reports that suspension rates in Monroe County are above the
state average by .5 percent.
Application Ref # 2008JAG[-116
Contract 2006JAGC-K8ONF-3-08-
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-MONR-3-M8-
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
IWIOT-= UWL=-
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 Ref # 2006-JAGC-116
Section #2 Page 4 of 6
Contract 2006-JAGC-MOLAR-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-MONR-3-M&
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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.
Contract 2006-JAGCM0NR-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
Contract 2006-JAGC-MOLAR-3-M8-139
Section #3 Page 1 of 6
Pkpplication 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
Contract 2006-JAGC-MONK-3-M8-139
Section #3 Page 2 of 6
Florida Department UfLaw Enforcement
Justice Assistance Grant - County -wide
Activity Description:
Activity: Recreation Program
Target Group: Children
Geographic Area: School District
Location Type: School, Middle
Address/es):
Horace [YBryontMiddle School
11U5Leon Street
Key West , FL 33040
Key Largo School
1048010vorueaa
Key Largo .FL33O37
Marathon Middle School
350Sombrero Beach Blvd.
Marathon .FL33O5U
Monroe Youth Challenge
Q0-BSombrero Road
Marathon .FL33O50
Plantation Key School
10OLake Road
Tavernier, FL33O7O
Stanley SvvitlikSchool
340UOverseas Highway
Marathon .FL33O5U
Sugarloaf School
225Crane Blvd.
Sugarloaf Key, FL33042
'
Objective:-
04A.01-Provide aspecified number of alternative drug -free events.
[Alternative drug -free events would include any participatory event
designed to strengthen the anti -drug message and/or anti -crime message.]
Application Ref # 2000'l4GC-118
Contract 2006-JAGC-MONR-3-M8-139
AA
pplication 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 1
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 1
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 1
How many meetings with community leaders for the purpose of identifying
neighborhood problems and developing proposed solutions will be
conducted?
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.
.. I
Application Ref # 2006-JAGC-1 16
Section #3 Page 4 of 6
Contract 2006-JAGC-MONK-3-M8-139
Florida Department of Law Enforcement
Justice Assistance Grant -County-wide
Application Ref # 2006-JAGC-118
Contract 2000JASC-M0NR-3-M8-139
Application for Funding Assistance
-
Florida Department ofLaw Enforcement
Justice Assistance Grant - County -wide
Salaries and Benefits
$0.00
$0.00
80.00
Contractual Services
$20.715.00
80.00
S29.715.00
Expenses
$0.00
$0.00
$0.00
Operating Capital
$8.00
$0.00
$0.00
Outlay
Indirect Costs
$0.00
$0.00
%0.00
—Tota|o —
$29'715.80
$0.00
$29'715.00
Percentage
100.0
0.0
100.0
Project
Will the project earn project generated income UPG|\? No
Application Ref # 2806-JAGC-115 Section #4Page 1nf3
Application for Funding Assistance
_
Florida Department UfLaw Enforcement
Justice Assistance Grant - County -wide
CONTRACTUAL SERVICES
Prevention Coordinators -$25.00O.O0
Community Development Coordinator -$5.2O0.00
Administrative Assistant -S8.420.00
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 the Monroe County Education Foundation for this project.
Total program cost is $39,620.00, and the JAG portion is $29,715.00. The balance of the program
cost will baprovided byMonroe County.
Application Ref # 2008JAGC-115
Contract 2008-JAGC-M0NR-3-M8-
lication 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
Contract 2006-JAGC-MOLAR-3-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.
1. All Subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide and 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) 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
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.
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.
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.
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 Byrne Memorial Justice Assistance Grant (JAG) Program
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.
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 111), 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.
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.
411,
Sign rWof Subgrantee duthorized Official
Type Name: Dixie M. Spehar
Title: Mayor
Subgrant Recipient: Monroe County Board of County Commissioners
Y.
Date:
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 ofLaw Enforcement
Edward Byrne Memorial Jd Assistance Grant Program
[ the undersigned authorized officia|, certify that eooun1ing to Section 581 of the Omnibus Crime
Control and Safe Streets Act of 1968 as amended, that this Implementing Agency ./3o/eotone ufthe
XX_Meets Act Criteria Does not meet Act Criteria
| affirm that | have read the Act criteria set forth in the Subgrant Application Instructions. | understand
that if the Implementing Agency meets these oritariu, it must formulate, implement and maintain o
written EEO Plan relating to employment practices affecting minority persons and women. | also affirm
that the Implementing Agency ... (Select one ofthe foWowinQ>:
_XX_Has uCurrent EEO Plan Does Not Have aCurrent EEO Plan
|oIncluded inthe EEO Plan ofthe SubgraniRecipient.
Has included a copy of the current approval letter from the US DOJ
| 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, inop|omont, and maintain such a Plan within 120
days after a subgrant application for federal assistance is approved or face loss of federal funds.
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
pDLsJAG Grant Certification
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. :Rhe County Administrator is hereby authorized to sign and submit the
CD L-Lj
r_111 (-3 application packet for the Fiscal Year 2006 grant funds to the Florida
partment of Law Enforcement Edward Byrne Memorial Justice Assistance
<_4fant (JAG) Program; and that
3..-1'-T6is resolution shall become effective immediately upon adoption by the
b0rd of County Commissioners and execution by the Presiding Officer and
Clerk.
u-1 I
PASSED ANPADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 15 th day of June, A.D., 2005.
Mayor Spehar
Yes
Mayor Pro Tern McCoy
Yes
1
1i ' JTORNEY
MIONROE uJ1UA
Commissioner Neugent
Yes
OV
R E
Commissioner Rice
Yes
��P
A.
L, �j
Commissioner Nelson
Not Present
n t
AN E A MUTTON
SUZ N
E Y
_j OR N
SISTANT T
Date-__
so
Monroe County Board of Commissioners
By:
j-
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: � 4n, ki
Typed Name and Title: Cfavton H. Wilder, Administrator
Date: /0 - 7- /1 q-
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 and Title: Dixie M. Spehar, Mayor
Date:
Application Ref # 2006-JAGC-76 qp(-tir)n ±tr, Pnnn 1 r f 1
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: United States Fellowship of Effective Date: 10/01/05
Florida d/b/a Peacock Apartments
FxniF8tk}D Date: 9/30/00
Contract Purpose/Description: Funds provided through FDLE Agreement for irnph)rn8nt3Uon of
the Dual Diagnosed Offender Program ospart OfMonroe C0uDh/oFY0OAnti-Drug Abuse
Program
Contract Manager: David P. Owens
for BOCC meeting on 11/16/05
4482 OMB/Grants Mgt.
(Ext.) (Department)
CONTRACT COSTS
Total Dollar Value of Contract: $00.504.00 Current Year Portion: $60.504.00
Budgeted? Yes )( No Account Codes: 125-06006-530480'GG0003-XXXXXX
Grant: $49'878.00
County Match: $10'620.00
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.
CONTRACT REVIEW
Changes
Date [n Needed R
Division [}ineCk}r Yeo| | e
Risk Management YesEl Kjo|J-
{JWB./PurChosing KL�YO�Y�S| |No�^4~
�~
County Attorney 1141kYeSElNo[]L�
Comments:____
OMB Form Revised 9/11/95 MCP #2
Date Out
&0
EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
FORMULA GRANT FUNDS AGREEMENT
THIS AGREEMENT ksmade and entered this day Of
2O05.byand between K8{JNRC}ECOUNTY, 8political subdivision ofthe State 0fFlorida, whose
address iS11U0Simonton Street, Key West, FL33O40.hereinafter referred k}8s''CC>UNTY.^
and The United States Fellowship 0fFlorida d/b/8Peacock Apartments, whose address i3132O
COCU P|U[n Drive, K48[8ihOn, Florida 33050' hereinafter referred h}8S^PRC)V|[}EF(.^
WITNESSETH
WHEREAS, the Florida Department of Law Enforcement has awarded a sub -grant of
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds to
COUNTY to implement program that provides Ou@| Diagnosed Offender Housing for Monroe
County Homeless Men and Women; and
WHEREAS, the County is in need of an implementing agency to provide said services
under this Program; and
WHEREAS, PROVIDER is the sole provider of this program; and
WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial State
and Local Law Enforcement Assistance Formula Grant Funds to PROVIDER in accordance
with the C(]UNTY'Sapplication for the Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Funds.
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and PROVIDER agree as follows:
1. TERM - The term of this Agreement is from October 1,2005.through September
30.2O06'the date ofthe signature by the parties notwithstanding, unless earlier terminated 8S
provided herein.
2. SERVICES - PROVIDER will provide services oSoutlined inthe C(}UNTY'8Anti
Drug Abuse Sub -grant Award, attached and made a part hereof.
3. FUNDS - The total project budoed1obSSxp8DdmdbvPROV|OEF<inp8dOrnanC8
of the services set forth in Section 2 of this agreement shall be the total sum of $66,504.00.
The total sum represents federal grant/state sub -grant support /Othe amount 0f$49.870.O0and
local matching funds in the amount of $16,626.00, which amount shall be provided by the
county through the grant matching funds account. All funds shall bedistributed and expended
inaccordance with the Project Budge[N8r[Gtiwesubnnitted8S0uUiOedinth8gn@Dtagr8ennent.
4. INCORPORATION BYREFERENCE - The provisions Ofthose certain
documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of
Law Enforcement Subgrant Award Certificate and Application" therefor and all laws, rules and
regulations relating thereto are incorporated by reference, (Attachment C).
5. IMPLEMENTING AGENCY BOND - PROVIDER is8nimplementing agency
under the C(]UMTY'8 Anti -Drug Abuse Proo[8DO. and Sh8U be bound by all the provisions of the
documents incorporated by reference in Section 4Ofthis Ag[8DDlenL Additionally, PROVIDER
shall be bound by all |8vvS, [U|eS. and negU|8U0DS relating to the C(]UNTY'5 performance under
the Department ofCommunity Affairs Grant Program.
6. BILLING AND PAYMENT
(a) PROVIDER shall render to the COUNTY, at the close of each calendar month,
an itemized invoice properly dated, describing the services rendered, the cost of the services,
and all other information required by the Program Director. The original invoice shall be sent to:
Grants Administrator
1100 Simonton Street
Key West, FL 33040
(b) Payment shall be made after review and approval by the COUNTY within thirty
(30) days of receipt of the correct and proper invoice submitted by PROVIDER.
7. TERMINATION - This Agreement may be terminated by either party at any time,
with or without cause, upon not less than thirty (30) days written notice delivered to the other
party. The COUNTY shall not be obligated to pay for any services provided by PROVIDER
after PROVIDER has received notice of termination. In the event there are any unused Edward
Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds,
PROVIDER shall promptly refund those funds to the COUNTY or otherwise use such funds as
the COUNTY directs.
8. ACCESS TO FINANCIAL RECORDS - PROVIDER shall maintain appropriate
financial records which shall be open to the public at reasonable times and under reasonable
conditions for inspection and examination and which comply with the Agreement incorporated in
Section 4 of this Agreement.
9. AUDIT - PROVIDER shall submit to the COUNTY an audit report covering the
term of this Agreement, within one -hundred twenty (120) days following the Agreement's lapse
or early termination and shall also comply with all provisions of the Agreement incorporated in
Section 4 of this Agreement.
10. NOTICES - Whenever either party desires to give notice unto the other, it must
be given by written notice, sent by registered United States mail, with return
receipt requested, and sent to:
FOR COUNTY FOR PROVIDER
Grants Administrator U. S. Fellowship of Florida
1100 Simonton Street 1320 Coco Plum Drive
Key West, FL 33040 Marathon, Florida 33050
Either of the parties may change, by written notice as provided above, the addresses or
persons for receipt of notices.
11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the
Florida Department of Community Affairs cannot be obtained or cannot be continued at a level
sufficient to allow for the services specified herein, this Agreement may then be terminated
immediately, at the option of the COUNTY, by written notice of termination delivered in person
or by mail to Provider at its address specified above. The COUNTY shall not be obligated to
pay for any services provided by PROVIDER after PROVIDER has received notice of
termination.
12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services
pursuant to this Agreement, PROVIDER shall abide by all statutes, ordinances, rules, and
regulations pertaining to, or regulating the provision of, such services, including those now in
effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State
of Florida and Article 1 of the United States Constitution, which provide that no revenue of the
state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect
or religious denomination or in aid of any sectarian institution. Any violation of said statutes,
ordinances, rules, or regulations shall constitute a material breach of this Agreement
immediately upon delivery of written notice of termination to PROVIDER. If PROVIDER
receives notice of material breach, it will have thirty days in order to cure the material breach of
the contract. If, after thirty (30) days, the breach has not been cured, the contract will
automatically be terminated.
13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement
shall assign this Agreement or any interest under this Agreement, or subcontract any of its
obligations under this Agreement, without the written consent of the other.
14. EMPLOYEE STATUS - Persons employed by PROVIDER in the performance of
services and functions pursuant to this Agreement shall have no claim to pension, worker's
compensation, unemployment compensation, civil service or other employee rights or privileges
granted to the COUNTY'S officers and employees either by operation of law or by the
COUNTY.
15. INDEMNIFICATION - PROVIDER agrees to hold harmless, indemnify, and
defend the COUNTY, its commissioners, officers, employees, and agents against any and all
claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or
related to the provision of services hereunder by PROVIDER.
16. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe
County, Florida, on the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
go
Deputy Clerk
Witness
in
Mayor/Chairman
U. S. Fellowship of Florida, d/b/a Peacock
Apartments
Title:
/er i i_[d a 61 YiI 1
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service Organizations,
county travelers, and contractual parties who have reimbursable expenses associated with
Monroe County business. These guidelines, as they relate to travel, are from Florida Statute
112.061.
A cover letter summarizing the major line items on the reimbursable expense request needs
to also contain a notarized certified statement such as:
"I certify that the attached expenses are accurate and in agreement with the records
of this organization. Furthermore, these expenses are in compliance with this organization's
contract with the Monroe County Board of County Commissioners."
Invoices should be billed to the contracting agency. Third party payments will not be
considered for reimbursement. Remember, the expense should be paid prior to requesting a
reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the
contract. This document should not be considered all-inclusive. The Clerk's Finance
Department reserves the right to review reimbursement requests on an individual basis.
Any questions regarding these guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter -company allocations are not
considered reimbursable expenditures unless appropriate payroll journals for the charging
department are attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is
needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or
hourly rate, total hours worked, withholding information and payroll taxes, check number
and check amount. If a Payroll Journal is not provided, the following information must be
provided: check amount, check number, date, payee, support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for
reimbursement. For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are
not allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement.
The log must define the date, number of copies made, source document, purpose, and
recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the
vendor invoice and a sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller,
the telephone number, the date, and the purpose of the call.
Travel Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of
Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061.
Credit card statements are not acceptable documentation for reimbursement. If attending a
conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the
original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to
facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel
purchases should be documented with paid receipts. Taxis are not reimbursed if taken to
arrive at a departure point: for example, taking a taxi from one's residence to the airport for
a business trip is not reimbursable. Parking is considered a reimbursable travel expense at
the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero.
Room must be registered and paid for by traveler. The County will only reimburse the
actual room and related bed tax. Room service, movies, and personal telephone calls are
not allowable expenses.
Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal
guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before
noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m.
for dinner reimbursement.
Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while
on County business. An odometer reading must be included on the state travel voucher for
vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For
example, driving form one's home to the airport for a business trip is not a reimbursable
expense.
Non -allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures
(unless specifically included in the contract), contributions, depreciation expenses (unless
specifically included in the contract), entertainment expenses, fundraising, non -sufficient
check charges, penalties and fines.
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for ( Organization name) for the time
period of to
Check # Payee
Reason
Amount
101 Company A Rent $ X'XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total CM �XXMX
(B) Total prior payments $ X'XXX.XX
(C) Total requested and paid (A + B) $ X'XXX.XX
(D) Total contract amount $ X'XXX.XX
Balance of contract (D-C) -$-�X XXX.XX
I certify that the above checks have been submitted to the vendors as noted and
that the expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in compliance with this
organization's contract with the Monroe County Board of County Commissioners and
will not be submitted for reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this. day of 2001
by who is personally known to me.
Notary Public Notary Stamp
ETHICS CLAUSE
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
Date:
STATE OF
COUNTY OF
(signature)
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this day of
20
My commission expires:
OMB - MCP FORM #4
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list."
Florida������������������������� �
J���������� �������������������� ���� ��m��� ���������������W������
Jeb Bush, Governor
' Chmrlie(rist, Attorney General
- 2hmGo8ug6cxChi�f/i'm,du/Qqivur
Charles f1Bronson, Commissioner qI'Agrie'ltx,w
OCT 1 _ 2005
The Honorable Dixie Qp8h8r
Mayor
Monroe County Board OfCommissioners
50OWhitehead Street, Suite 1U2
Key West, FL 33040
Re: Contract No. 2O0O-JAGC-M[>NR-1-M8-138
Dear Mayor Spehar:
The Florida Department pfLaw Enforcement iGpleased toaward aDEdward Bvrne
W1eD1OhGrant OfgOV8Ol[O8OtiOthe aRl0UO[ -
$4@.878.00for the project 8Dtit|8d.PE/\C(}CK/\PTS.[}U/\L-D|/\C3N()GED
OFFENDER HOUSING. These funds shall b8utilized for the purpose 0freducing
crime and iDlpn]ViOg 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 OUnlbeF8Odtit|8.
Your attention iSdirected t0the Standard Conditions Ofthe SUbgr8Ot. These conditions
ShUU|d be [8Vi8Vved carefully by those persons responsible for project administration to
avoid de|8VS in project completion and COStS r8iOlbU[S8Dl8DtS.
The enclosed Certification of Acceptance should be completed and returned to the
Department within 3Ocalendar days from the date Ofaward. This certificate constitutes
official acceptance Ofthe award and must b8received bythe Department prior LOthe
reimbursement 0[any project expenditures.
Commiftedm
The Honorable Dixie Speh8r
Page Two
VV8look forward b]working with you OOthis project. |fVVecan he0ffurther assistance,
Id
Clay 0
QCN -
Enclosures
State of Florida
Office ofCriminal Justice Grants
Florida Department ofLaw Enforcement
2331Phillips Road
Tallahassee, Florida 32308
CERTIFICATE OFACCEPTANCE C}FSUB{3RANTAWARD
The subgrantee, through its authorized representative, acknowledges receipt and
acceptance of subgrant award number 2006-JAGC-MONR-1-M8-138, in the amount
of $4S.87O.00. fore project entitled, PEACOCK APTS. DUAL -DIAGNOSED
OFFENDER HOUSING, for the period Of1O/O1/2U05through OS/30/2D0O'tobe
implemented in accordance with the approved subgrant application, and subject to
the Florida Department mfLaw Enforcement's Standard Conditions and any special
conditions governing this SubgronL
(Signature of8ubor8Otee'sAuthorized (}ffk:8U
(Typed Name and Title of Official)
(Name OfSUbonsntee\
(Date of Acceptance)
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
SUBGRANT AWARD CERTIFICATE
Subgrantee: Monroe County Board of Commissioners
Date of Award: OCT 1 0 2005
Grant Period: From: 10/01/2005 TO: 09/30/2006
Project Title: PEACOCK APTS. DUAL -DIAGNOSED OFFENDER HOUSING
Grant Number: 2006-JAGC-MONR-1-M8-138
Federal Funds: $ 49,878.00
State Agency Match:
Local Agency Match: $ 0.00
Total Project Cost: $ 49,878.00
State Purpose Area: 20A : Corrections Alternatives - Halfway House
CFDA Number: 16.738
Award is hereby made in the amount and for the period shown above of a subgrant
under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-
351, as amended, and the Anti -Drug Abuse Act of 1988, P.L. 100-690, to the above
mentioned subgrantee and subject to any attached or special conditions.
This award is subject to all applicable rules, regulations, and conditions as contained
in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D,
Office of Justice Programs, Common Rule for State and Local Governments and A-
87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It is
also subject to such further rules, regulations and policies as may be reasonably
prescribed by the State or Federal Government consistent with the purposes and
authorization of
P.L. 90-351, as amended, and P.L. 100-690.
This grant shall become effective on the beginning date of the grant period provided
that within 30days from the date ofaward, aproperly executed Certificate of
Acceptance of Subgrant Award is returned to the Department.
ILM(a M., �P- M-' )M-I—
Authorized JOfficial
Clayton H.Wilder
Administrator
/ \ This award issubject 0ospecial &0ndUdODs 8d).
State m{Florida
Office mfCriminal Justice Grants
Florida Department mƒLaw Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
ADDENDUM TOSTANDARD CONDITIONS
ForSUbgrant Recipients receiving Edward Byrne Memorial Justice Assistance Grant
(JAG) Program funds under Federal Grant No. 2O05-DJ-BX-0O57.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{JJc/
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 8sspecified in the guidelines. This information isavailable 8t
www.it.ojp.gov/gjxdm.
4. Reporting, Data Collection and Evaluation
The subgnantrecipient agrees h] comply with GU 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 b8
monitored byBJA.
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Subgrantee Organization
Organization Name: Monroe County Board of Commissioners
County Organization ieLocated In: Monroe
FE7UOR SAK8AS: 59'6008749
Chief Official Position
Name:
Dixie Spehar
Title:
Mayor
Address:
500Whitehead Street, Suite 1O2
City:
Key West
State:
FL 2]p: 33040
Email:
b000dka1@monroeoounty-fl.gov
Chief Financial Official Position
Name:
DannyKohaoa
Title:
Clerk
Address:
5OOWhitehead Street
City:
Key West
State:
FL Zip: 33040
Ennoj|:
dkdhage@monroe'oerk.00m
Fax: 305-295-3663
Suncom:
Application Ref # 2006-lAGC'76 � Section #1 Page 1of2
Contract 2006-JA8C-MONR-1-M8-138
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Organization Name: Monroe County Board nfCommissioners
County Organization in Located In: Monroe
FE|DC)R SAK0AS: 59-6000740
Chief Official Position
Name: Oixk*Spehur
Title: Mayor
Address: 5OOWhitehead Street, Suite 102
City: Key West
State: FL Zip: 33040
Email: boocdis1@monroecounty'0.gov
Phone: Ext: Fax Sunoonn:
Project
Name: David Owens
Title: Grants Administrator
Address: 11OOSimonton Street
City: Key West
State: FL Zip: 33040
Email: ovvena-david@nlonroeoounh/4l.gVv
Phone: Ezt Fax 305-292-4515 Sunoorn:
Application Ref # 2005JAGC-76 Section #1 Page 2of2
Contract 2006-JAGC-M0NR-1-lVl8-
Application for Funding situ
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-MONR-1-M8-
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Application Ref # 2000-JA6C-76
Contract 2006-JAGC-MONR-1-M8-
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-MOLAR-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
Section #2 Page 5 of C
Contract 2006-JAGC-MONR-1-M8-138
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-MONR-1-M8-138
Florida Department ofLaw Enforcement
Justice Assistance Grant - County -wide
General Performance Info:
Performance Reporting Frequency for this Subgront: Quarterly
Application Ref # 2006-JAG{-76
Contract 2000JAGC-MONR-1'M8-
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
Application Ref # 2006-JAGC-76
Section #3 Page 2 of 6
Contract 2006-JAGC-MONR-1-M8-
Application for Funding Assistance
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 of 6
Contract 2006-JAGC-MONR-1-M8-
Address(es):
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Peacock Apartments
1624 Spalding Court
# 4
Key West, FL 33040
Objective:
20A.01 - Provide a specified number of offenders with transitional housing.
Measure: Part I
How many offenders will be NEW ADMISSIONS and/or READMISSIONS to
transitional housing?
Goal: 8
Objective:
20A.02 - Provide offenders with case management services and daily
structured activities.
Measure: Part 1
Will most offenders be provided with case management services?
Goal: Yes
Measure: Part 2
Will most offenders be provided with daily structured activities?
Goal: Yes
Objective:
20A.03 - Provide offenders with short-term individual and group supportive
life skills counseling.
Measure: Part 1
Goal: Yes
Application Ref # 2006-JAGC-76 Section #3 Page 4 of 6
Contract 2006-JAGC-lVl0NR-1-M8-
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Objective:
PSO'D1-Tnprovide aspecified number mfclients monthly drug tests.
Meanure:PSO-01.O1
How many clients will boprovided drug tests?
Goal: 8
Application Ref # 2008J&GC-76
Contract 2006-JAGC-MONR-1-M8-
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Section Questions:
If "other" was selected for the geographic area, please describe.
Ann: n/n
If "other" was selected for location type, please describe.
Ano: mb
Application Ref # 2006-J\GC-76
Contract 2006JAGC-M0NR-1-M8-
A
%pplication for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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
MOO
$0.00
-- Totals --
$49,878.00
$0.00
$49,878.00
Percentage 100.0
Project Generated Income:
Will the project earn project generated income (PGI) ?
Application Ref # 2006-JAGC-76
Contract 2006-JAGC-MONR-1-M8-
M
0.0
100.0
Section #4 Page 1 cof 5
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) = $26.32
Grant and Monroe County funds will pay for 2,527 days, or approximately 7 beds for one year.
Purchasing methods to be used will conform to existing Federal, State, and Local laws and
regulations.
Budget category is contractual services.
Monroe County will contract with U.S. Fellowship of Florida, Inc. for this project.
Application Ref # 2006-JAGC-76
Contract 2006-JAGC-MONR-I-M8-138
Section #4 Page 2 of 5
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
How recently was the basis established or updated? 4/13/05
Total cost ofthe program k;$GS.5O4-OO.and the JAG funding ia$40.878,0U.and the balance of
program costs will be provided by Monroe County.
xpp/maoonxerit 2006-JAGC-70
Contract 2006-JAGC-MONR-1-M8_
r
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($450)paid by each client per month x 12= 5,400.00 per year
Net annual cost per bed = 9,605
Application Ref # 2006-JAGC-76
Contract 2006-JAGC-MONR-1-M8-138
Section #4 Page 4 of 5
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Net daily cost per bed ($Q.6O5/305days) =$26.32
Grant and Monroe County funds will pay for 2,527 days, or approximately 7 beds for one
Application Ref # 2008JAGC-70
Contract 2006'J\BC-MONR-1-K88-138
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.
1. All Subgrant Recipients must comply with the financial and administrative requirements set
forth in the current edition of the U.S. Department of Justice, Office of Justice Programs
(OJP) Financial Guide and 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) 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.
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.
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.
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.
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 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 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.
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. 96-167, 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 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.
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 AssistaGrant
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 to ensure that LEP persons have meaningful access to their programs.
Meaningful aooeuu may entail providing language assistance servioes, including oral and written
translation when necessary. The U.S. Department of Justice has issued guidance to usmiai
agencies to comply with Title VI requirements. The guidance document can be accessed on the
Internet atvwmw]ep.gov. or by contacting OJP's Office for Civil Rights at (202) 387'0690. or by
writing to the following address:
Office for Civil Rights
Office ofJustice Programs
US.Department ofJustice
810Seventh Street NW, Eighth Floor
Washington, DC2U531
42.The Coastal Barrier Resources Act
The oubgranteo will comply and assure the compliance of all contractors with the provisions of
the Coastal Barrier Resources Act (P.L 97'348)dahed Ootober10. 1982(16 USC 3501 oteaq.)
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 mimu in the geographic area where the
enhancement iaundertaken;
(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'e list of Violating
Facilities and that it will notify the Department of the receipt ofany communication from the
Director ofthe 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 Actof1073.
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 subgranhoe will assist the Department in its compliance with Section 100 of the National
Historic Preservation Act uf108Son amended (16 USC47O). Executive Order 11593. and the
Archeological and Historical Preservation Act of 1988 (18 USC 569a-1 otseqj by (a) consulting
with the State Historic Preservation Officer as n*oesoary, to identify properties listed in or eligible
for inclusion in the National Register ofHistoric Places that are subject to adverse effects (see 36
CFR Pad 800.8) by the activity, and notifying the Department o/ the existence of any such
SFY2000 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 ture of Subgrantee A thorized Official
Type Name: Dixie M. Spehar
Title: Mayor
Subgrant Recipient: Monroe County Board of County Commissioners
Date: g; 2V -
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.
Signatirelof Impleme6ting Aget cy 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: �� 1
FDLE JAG Grant Application Package EEO Certification
--- Page 2 of 2
(April 2005)
Flor-ida Department of Law Enforcement
Justice Assistance Grant - County -wide
)nwitness whereof, the parties affirm they each have read and agree tOthe conditions set
forth inthis agreement, have read and understand the agreement iDits entirety and have
executed this oQreonneDt bvtheir duty authorized officers OO the d8tn, rnOOth and year set
out below.
Corrections onthis page, including Stdkeovmrm,
whiteout, etc. are not acceptable.
Signature:
Typed Name and Title: Claton H. Wilder, Administrator
Date:
Typed Name UfS Monroe County
Signature:
Typed Name and Title: Dixie M. Spehar, Mayor
Date:ej—
Typed Name of Implementing Agency: Monroe County Board of County Commissioners
Signature:
Typed Name arfd Title: Dixie M. Spehar, Mayor
Application Ref # 2006-JAGC-76 S*,tion ;�G Pxnp 1 of 1
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Care Center for Mental Health Effective ,Date: 10/01 /05
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.)
CONTRACT REVIEW
Division Director
D
Risk Management
O. . ./Purchasing
County Attorney
Comments:
UMB I-orm Revised 9/11 /95 MUP #2
Date Out
E
EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
FORMULA GRANT FUNDS AGREEMENT
THIS AGREEMENT is made and entered into this day of ,
2005, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY,"
and Care Center for Mental Health whose address is 1205 Fourth Street, Key West, Florida,
hereinafter referred to as "PROVIDER."
WITNESSETH
WHEREAS, the Florida Department of Law Enforcement has awarded a sub -grant of
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds to
the COUNTY to implement a program that provides Family Treatment Drug Court; and
WHEREAS, the County is in need of an implementing agency to provide said services
under this Program; and
WHEREAS, the PROVIDER is the sole provider of this program; and
WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial State
and Local Law Enforcement Assistance Formula Grant Funds to the PROVIDER in accordance
with the COUNTY'S application for the Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Funds.
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and the PROVIDER agree as follows:
1. TERM - The term of this Agreement is from October 1, 2005, through September 30,
2006, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein.
2. SERVICES - The PROVIDER will provide services as outlined in the COUNTY'S
Edward Byrne Memorial State And Local Law Enforcement Assistance Formula Grant Award,
attached and made a part hereof.
3. FUNDS - The total project budget to be expended by the PROVIDER in performance
of the services set forth in Section 2 of this agreement shall be the total sum of $56,764.00.
The total sum represents federal grant/state sub -grant support in the amount of $42,573.00 and
local matching funds in the amount of $14,191.00, which amount shall be provided by the
county through the grant matching funds account. All funds shall be distributed and expended
in accordance with the Project Budget Narrative submitted as outlined in the grant agreement.
4. INCORPORATION BY REFERENCE - The provisions of those certain documents
entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law
Enforcement Subgrant Award Certificate and Application" therefor and all laws, rules and
regulations relating thereto are incorporated by reference, (Attachment C).
5. IMPLEMENTING AGENCY BOND - The PROVIDER is an implementing agency
under the COUNTY'S Edward Byrne Memorial State and Local Law Enforcement Assistance
Formula Grant Program, and shall be bound by all the provisions of the documents
incorporated by reference in Section 4 of this Agreement. Additionally, the PROVIDER shall be
bound by all laws, rules, and regulations relating to the COUNTY'S performance under the
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program.
(8)The PROVIDER shall render k}the COUNTY, atthe close 0feach calendar month,
an itemized invoice properly dated, describing the services rendered, the cost of the services,
and all other information required bythe Program Director. The original invoice shall besent to:
Monroe County Grants Administrator
1100Simonton Street
Key West, FL33O4O
/b\Payment shall bemade after review and approval by the COUNTY within thirty (30)
days of receipt of the correct and proper invoice submitted by the PROVIDER.
7.TERMINATION - This Agreement may b8terminated bveither party 5kany time, with
O[without cause, upon not less than thirty (30)days written notice delivered k}the other party.
The COUNTY shall not be obligated to pay for any services provided by the PROVIDER after
the PROVIDER has received notice Oftermination. |Othe event there are any unused Edward
Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds, the
PROVIDER shall promptly refund those funds to the COUNTY or otherwise use such funds as
the COUNTY directs.
O.ACCESS TOFINANCIAL RECORDS - The PROVIDER shall maintain appropriate
financial records which shall be open to the public at reasonable times and under reasonable
conditions for inspection and examination and which comply with the Agreement incorporated in
Section 4 of this Agreement.
9. AUDIT - The PROVIDER shall submit to the COUNTY an audit report covering the
term of this Agreement, within one -hundred twenty (120) days following the Agreement's lapse
or early termination and shall also comply with all provisions of the Agreement incorporated in
Section 4ofthis Agreement.
10. NOTICES - Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered United States mail, with return receipt requested, and
sent to:
FOR COUNTY:
David P. Owens
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL33O40
FOR PROVIDER:
Executive Director
Care Center for MBOt8| Health
12O5Fourth Street
Key West, FL33O40
Either of the parties may Ch8DQ8, by written notice as provided above. the addresses or
persons for receipt of notices.
11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the
Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level
sufficient to allow for the services specified herein, this Agreement may then be terminated
immediately, at the option of the C(}UNTY, by written notice of termination delivered in person
orbymail t0the PROVIDER 8tits address specified above. The COUNTY shall not bo
obligated to pay for any services provided by the PROVIDER after the PROVIDER has received
notice Oftermination.
12. COMPLIANCE WITH LAWS AND REGULATIONS In providing BU S*nviCeS
pursuant to this Aor8eDl0Dt. the PROVIDER shall abide by all statutes, ordinances, [u|oS' and
regulations pertaining to, or regulating the provision of, such Servioos, including those now in
effect and hereafter adopted, and particularly Article 1. Section 3 of the CUnshtUd0D of the State
0fFlorida and Article 1 ofthe United States Constitution, which provide that D0revenue Ofthe
state 0[any political subdivision Sh8U be uti|izHd, directly 0rindirectly, in aid ofany church, Sent
or religious denomination or in aid of any sectarian institution. Any violation of said statutes,
ordinances, rules, or regulations shall constitute a material breach of this Agreement
immediately upon delivery of written notice of termination to the PROVIDER. If the PROVIDER
receives notice of material breach, it will have thirty days in order to cure the material breach of
the contract. If, after thirty (30) days, the breach has not been cured, the contract will
automatically be terminated.
13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall
assign this Agreement or any interest under this Agreement, or subcontract any of its
obligations under this Agreement, without the written consent of the other.
14. INDEPENDENT CONTRACTOR/EMPLOYEE STATUS — The PROVIDER is an
independent contractor. No statement in this agreement shall be construed so as to find the
PROVIDER, its employees, contractors, servants, volunteers, or agents to be employees of the
COUNTY. Persons employed by the PROVIDER in the performance of services and functions
pursuant to this Agreement shall have no claim to pension, worker's compensation,
unemployment compensation, civil service or other employee rights or privileges granted to the
COUNTY'S officers and employees either by operation of law or by the COUNTY.
15. INDEMNIFICATION - The PROVIDER agrees to hold harmless, indemnify, and
defend the COUNTY, its commissioners, officers, employees, and agents against any and all
claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or
related to the provision of services hereunder by the PROVIDER.
16. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe
County, Florida, on the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By:
$IymClerk
Witness
..............:
Mayor/Chairman
Care Center for Mental Health
In
Name/Title:
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service Organizations,
county travelers, and contractual parties who have reimbursable expenses associated with
Monroe County business. These guidelines, as they relate to travel, are from Florida Statute
112.061.
A cover letter summarizing the major line items on the reimbursable expense request needs
to also contain a notarized certified statement such as:
"I certify that the attached expenses are accurate and in agreement with the records
of this organization. Furthermore, these expenses are in compliance with this organization's
contract with the Monroe County Board of County Commissioners."
Invoices should be billed to the contracting agency. Third party payments will not be
considered for reimbursement. Remember, the expense should be paid prior to requesting a
reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the
contract. This document should not be considered all-inclusive. The Clerk's Finance
Department reserves the right to review reimbursement requests on an individual basis.
Any questions regarding these guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter -company allocations are not
considered reimbursab►e expenditures unless appropriate payroll journals for the charging
department are attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is
needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or
hourly rate, total hours worked, withholding information and payroll taxes, check number
and check amount. If a Payroll Journal is not provided, the following information must be
provided: check amount, check number, date, payee, support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for
reimbursement. For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are
not allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement.
The log must define the date, number of copies made, source document, purpose, and
recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the
vendor invoice and a sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller,
the telephone number, the date, and the purpose of the call.
Travel Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of
Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061.
Credit card statements are not acceptable documentation for reimbursement. If attending a
conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the
original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to
facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel
purchases should be documented with paid receipts. Taxis are not reimbursed if taken to
arrive at a departure point: for example, taking a taxi from one's residence to the airport for
a business trip is not reimbursable. Parking is considered a reimbursable travel expense at
the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero.
Room must be registered and paid for by traveler. The County will only reimburse the
actual room and related bed tax. Room service, movies, and personal telephone calls are
not allowable expenses.
Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal
guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before
noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m.
for dinner reimbursement.
Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while
on County business. An odometer reading must be included on the state travel voucher for
vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For
example, driving form one's home to the airport for a business trip is not a reimbursable
expense.
Non -allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures
(unless specifically included in the contract), contributions, depreciation expenses (unless
specifically included in the contract), entertainment expenses, fundraising, non -sufficient
check charges, penalties and fines.
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for ( Organization name) for the time
period of to
Check # Payee
Reason
Amount
101 Company A Rent $ X'XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total -$�X M—M
(B) Total prior payments $ X'XXX.XX
(C) Total requested and paid (A + B) $ X'XXX.XX
(D) Total contract amount $ X'XXX.XX
Balance of contract (D-C) $ _ �X XXX.XX
I certify that the above checks have been submitted to the vendors as noted and
that the expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in compliance with this
organization's contract with the Monroe County Board of County Commissioners and
will not be submitted for reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this - day of 2001
by who is personally known to me.
Notary Public Notary Stamp
I M0 6*'X•3�1NK11
MONROE COUNTY,FLORIDA
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
Date:
STATE OF
COUNTY OF
(signature)
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this day of
m
My commission expires:
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list."
_
Florida
���� ������������&���� ��^� Law Enforcement =�=� ����� ���������������~���� ��� ��w�m� ����1���w������������%�
Gig M. Dinnell,
Conimissioner -nor
(�or�oGtx� �unn/^7Ge/ou/
Io/v Gul6whrx C6/!J'fi,o/'c/u/Qqi'rr
Charles 8 Bronson, @mmissiono,qNgric'8/re
OCT ~ ^""^
The Honorable Dixie Sp8h8r
Mayor
Monroe County Board OfCommissioners
5OOWhitehead Street, Suite 102
Key West, FL 33040
Re: Contract No. 2O08-JAGC-M(JNR-2-[N8-135
Dear Mayor Gp9h8r:
The Florida Department of Law Enforcement is pleased to award an Edward Byrne
Memorial Justice Assistance Grant to your unit of government in the amount of
$42'573.00for the project 8OdUed'FAM|LYTRE/\TK8ENTDR[]GC{}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 tO
the project number and title.
Your attention iSdirected tothe Standard Conditions Ofthe GUbo[3nt. These conditions
should berevi8vvedC@r8fuUyhvthose persons responsible for - 8ot8dnniOis�otiOn1n
avoid delays in project COmp|8tion and costs reimbursements.-
The enclosed Certification of Acceptance should b8completed 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 eXpeDdit0[8S.
Committed to
The Honorable Dixie Speh8F
Page Two
VV8look forward k]working with you 0lthis project. )fVVecan beVffurther assistance,
please contact Janice Parish at 850/410-8700.
Q8Vt0H.VV|de[
Administrator
Enclosures
State of Florida
Office of Criminal Justice Grants
Florida Department ofLaw Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
CERTIFICATE {JFACCEPTANCE OFSUBGRANTAWARD
The Suhorantee.through its authorized representative, acknowle�e receipt ond
acceptance ofSubonant award number 20OO-JAG(�-K�(]NR-2-K09-- 5. in the amount
of $ 42,573.00. fora project entitled, FAMILY TREATMENT DRUG COURT, for
the period of 10/01/2005 through 09/30/2006, to be implemented in accordance with
the approved subgrant application, and subject to the Florida Department of Law
Enforcement's Standard Conditions and any special conditions governing this
oubgnsnL
(Signature of8ubgnantee'aAuthorized {)fficiad)
(Typed Name and Title of Official)
(Name of Subgrantee)
(Date ofAcceptance)
State ofFlorida
Office of Criminal Justice Grants
Florida Department mf Law Enforcement
3331 Phillips Road
Tallahassee, Florida 32308
SUBGRANTAWARD CERTIFICATE
Subgmntee: Monroe County Board of Commissioners
Date ofAward: OCT 3 0005
Grant Period: From: 10/01/2005 TO: 09/30/2006
Project Title: FAMILY TREATMENT DRUG COURT
Grant Number: 2006-JAGC-M[)NR-2-K88-135
Federal Funds: $42.573.UO
State Agency Match:
Local Agency Match: $O.00
Total Project Cost: $42.573.O0
State Purpose Area: O13:Offender Community Treatment
(13A-State; 13B-Local, 15C-Juveni|eAssessment Center; 13O-DrugCnurt)
Objectives subore8Sspeo ' ifv
-, . - where services are provided.
CFDANumbnr 16.738
Award iahereby made inthe amount and for the period shown above of asubgrant
under Title |ofthe Omnibus Crime Control and Safe Streets Act of19O0.PLSO-
551.aSamended, and the Anti -Drug Abuse Act Of1S88.PL1UO-O9O'tothe above
mentioned sub0ronteeand subject toany attached orspecial conditions.
This evv8rd is subject to all applicable rules, regulations, and conditions aacontained
in the Financial and Administrative Guide for Grants, Guideline Manue|71OO 1[}.
Office of Justice Programs, Common Rule for State and Local Governments and A-
87. or OMB Circulars Ar11O OrA-1O2. as applicable, and A-21, in their entirety. It is
also subject to such further rules, regulations and policies as may be [e8SOn8b|y
prescribed by the State or Federal Government consistent with the purposes and
authorization of
P.L. 90-351. as amended, and P.L. 100-690.
This grant shall become effective on the beginning date of the grant period provided
that within 3Odays from the date ofaward, @ properly executed Certificate of
Acceptance of Subgrant Award is returned to the Department.
Q� Uk I
Authorized fficial
Clayton H. Wilder
Administrator
( ) This award iSsubject tospecial nnndUkoOshattaohnd\.
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 of Lovv Enforcement
Justice Assistance Grant - County -wide
Organization Name: Monroe County Board ofCommissioners
County Organization is Located In: Monroe
FBDOR|GAK8AS: 59-6000740
Chief Official Position
Name: DixioSpehar
Title: Mayor
Address: 5OOWhitehead Street, Suite 102
City: Key West
State: R- Zip: 33040
Email: b000dio1@monnoacounty-O.gov
Chief Financial Official Position
Name:
OunnyKohage
Title:
Clerk
Address:
50UWhitehead Street
City:
Key West
State:
FL Zip: 33040
Email:
dhdhage@monroe'derk.00m
Fax:3U5'205-3863 Sunuomn:
Application Ref # 2006-l4GC-91 Section #1 Page 1of2
Florida Department ofLaw Enforcement
Justice Assistance Grant - County -wide
Implementing
Organization Name: Monroe County Board of Commissioners
County Organization is Located In: Monroe
FB0ORSAK0AS: 59-6000749
Chief Official Position
Name: OixioSpehar
Title: Mayor
Address: 5O0Whitehead Street, Suho1O2
City: Key West
State: FL Zip: 23040
Email: boocdhs1KDmonroecounty`fl.gov
Phone: 305-292'3440 Ext: Fax 305-202-3486 Sunuomn:
Project
Name: David Owens
Title: Grants Administrator
Address: 1100Simonton Street
City: Key West
State: FL 3]p: 33040
Email: ovveno-david@monroeoounb+f.gov
Application Ref # 2008JA0C-1 Section #1 Page 2of2
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Proiect 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
Section #2 Page 1 of 5
Contract 2006-JAGC-MOLAR-2-M8-
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Problem Identification (Continued)
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
Section #2 Page 2 of 5
Contract 2006-JAGC-MOLAR-2-M8-
•
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
Section #2 Page 3 of 5
Contract 2006-JAGC-M0NR-2-M8-
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
Section #2 Page 4 of 5
Contract 2006-JAGC-MONR-2-M8-
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Project Summary (Continued)
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-MOLAR-2-M8-
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Performance Info:
Performance Reporting Frequency for this SubQrant: Quarterly
Application Ref # 2006-JAGC' 1
Contract 2000JAGC-MONR-2-M8-
Application f;
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Federal Purpose Area: 005 - Drug Treatment Programs
State Purpose Area: 013 - Offender Community Treatment
(13A-State; 1313-Local, 13C-Juvenile Assessment Center; 13D-Drug Court)
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
Address(es):
Care Center for Mental Health
92140 Overseas Highway
Tavernier, FL 33070
Activity Description:
Activity: Drug Court
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: Outpatient Drug Treatment
Target Group: Drug Offenders
Geographic Area: County -Wide
Location Type: Other
Address(es):
Application Ref # 2006-JAGC-91
Section #3 Page 2 of 8
Contract 2006-JAGC-MONR-2-M8-
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
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
Address(es):
Application Ref # 2006-JAGC-91
Section #3 Page 3 of 8
Contract 2006-JAGC-MONR-2-MB-
Application f•r 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: Domestic Violence Training
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: Family Therapy
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: Substance Abuse Treatment
Target Group: Drug Offenders
Geographic Area: County -Wide
Location Type: Other
Address(es):
Application Ref # 2006-JAGC-91
Section #3 Page 4 of 8
Contract 2006-JAGC-MOLAR-2-M8-
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Care Center for Mental Health
S2140Overseas Highway
Tavernier, FL33O7O
Objective:
013.01 -Provkjetrmatmantaen/oesthrouQh various treatment modalities to
aspecified number ofindividuals.
Measure: Part 2
How many clients will be provided INTERVENTION services?
Goal: 10
Measure: Part 3
How many clients will bmprovided OUTPATIENT services?
Goal: 20
Objective:
013.02 - Provide an array of treatment services.
Measure: Part 1
Will most clients beprovided psychosmcia|assessments?
Goal: Yes
Measure: Part 3
Will most clients be provided urinalysis?
Goal: Yes
Measure: Part 4
Will most clients be provided case management services?
Goal: Yes
Measure: Part 5
Will most clients be provided counseling services?
Application Ref # 2006- ASC-81 Section #3 Page 5of8
Contract 2000-JAGC'MONR-2-M8-
Application for Funding Assistance
Florida Department of Law Enforcement
JusUoeAssistunceSnant-Countv-w/ide
Goal: Yes
Measure: Part 6
Will some clients be provided rehabilitation services?
Goal: Yes
Objective:
O13.O3-Assist a specified number ofclients tosuccessfully 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
Goal: 8
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 ofeach offender for the use of
controlled substances orother addictive substances during any period mf
supervised release orprobation?
Goal: Yes
Measure: Part 3
Will there besubstance abuse treatment for each participant; probation cn
other supervised release involving the prosecution?
Application Ref # 2006-JAGC491 Section #3 Page 6uf8
Contract 2008-JAGC-MONR-2-M8-
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Goal: Yes
Measure: Part 4
Will there beconfinement, orincarceration because ofnoncompliance with
program requirements or failure to show satisfactory progress?
Goal: Yes
Application Ref # 2006-JA8C-91 Section #3 Page 7of8
Contract 2000-JAGC-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
Section #3 Page 8 of 8
Contract . 2006-JAGC-MOLAR-2-M8-
Application for Funding Ass -stance
_
Florida Department ofLaw Enforcement
Justice Assistance Grant - County -wide
General Financial Info:
Note: All financial remittances will besent tothe Chief Financial Officer ofthe SubQrontaa
Organization.
Financial Reporting Frequency for this Subgnynd: (]uadady
|sthe subgmonteeostate aQency?: No
SAKA/\S/VendmrNumber: 59-6000740
Budget:
Budget Category
Federal
Match
Total
Salaries and Benefits
$0.00
$0.00
$0.80
Contractual Services
$42.573.00
MOO
$42.573.00
Expenses
$0.88
$0.08
$0.00
Operating Capital
$0.00
$0.00
$0.00
Outlay
Indirect Costs
$0.00
$0.00
$0.00
—Tote|e—
$42.573.00
$0.00
$42'573.00
Percentage 100.0
Project Generated Income:
Will the project earn project generated income (PGI) ?
Application Ref # 2008JAGC-91
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Budget Narrative:
CONTRACTUAL SERVICES
Type of budget: Actual
Salaries and Benefits:
Substance Abuse Counselor 38,000
FICA 2,907
Health Insurance 2,652
Subtotal Counselor 43,559
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 in Tavernier,
and main office in Key West
paid in accordance with Fla.
Statute 112.061 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 of the program is $56,764.00, the JAG funding is $42,573.00, and the balance of
program costs will be provided by Monroe County.
Application Ref # 2006-JAGC-91
Section #4 Page 2 of 3
Contract 2006-JAGC-MOLAR-2-M8-
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
Section #4 Page 3 of 3
Contract 2006-JAGC-MONR-2-M8-
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 CMB 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) 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.
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
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.
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) 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) 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.
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 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 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).
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 111), 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.
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 19
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
fundedunder 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 subgrant application for federal assistance is approved or face loss of federal funds.
Signa re of Subgrantee A horized Official
Type Name: Dixie M. Spehar
Title: Mayor
Subgrant Recipient: Monroe County Board of County Commissioners
Date:_
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
IMPLEMENTING AGENCY CERTIFICATION
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime
Control and Safe Streets Act of 1968 as amended, that this Implementing Agency ...(Select one of the
following):
XX Meets Act Criteria Does not meet Act Criteria
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.
Signatu�4 of Implementing AgenEy 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:,/f2/�c+�'
� r
FDLE 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.
P . W.0
Typed Name and Title: ClWn n H. Wilda UftflUMOr
Date: 01 - 3 0 - Os
Typed Name of Subgrant Recipient: Monroe County Board of County Commissioners
Typed Name and Title: Dixie M. Spehar, Mayor
Date:
Typed Name of Implementing Agency: Monroe County Board of County Commissioners
Signature: — X&J'all '// A
Typed Name and Title: Dixie M. Spehar, Mayor
Date:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract wdh�Boys and Girls Club Effective Date: 10/01/05
Expiration Date: 0/3K)K)6
Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the
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 OMB/Grants Mgt.
(Name) (Ext.) (Department)
for BOCC meeting on 11/16/05 Agenda Deadline: 11/01/05
�
CONTRACT COSTS
Total Dollar Value ofContract: $28.590.00 Current Year Portion: $28.690.00
Budgeted? Yes X No Account Codes: 125-08018-530490-6G0810-XXXXXX
Grant: $21.517.00
County Match: $7.173.00
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.
CONTRACT REVIEW
Division Director
Date In
Changes
Needed R
Yes[] No
Date Out
Risk Management
0 �_Zo
107
/z A�3 0
County Attorney
/Y-6-6 YesEl No[F]"�
OMB Form Revised Q/11/Q6MCP #2
EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
FORMULA GRANT FUNDS AGREEMENT
THIS AGREEMENT is made and entered into this day of
2005, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY,"
and Boys and Girls Club whose address is 1400-B United Street, Key West, Florida, hereinafter
referred to as "PROVIDER."
WITNESSETH
WHEREAS, the Florida Department of Law Enforcement has awarded a sub -grant of
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds to
the COUNTY to implement a program that provides S.M.A.R.T. Gang Prevention; and
WHEREAS, the County is in need of an implementing agency to provide said services
under this Program; and
WHEREAS, the PROVIDER is the sole provider of this program; and
WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial State
and Local Law Enforcement Assistance Formula Grant Funds to the PROVIDER in accordance
with the COUNTY'S application for the Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Funds.
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and the PROVIDER agree as follows:
1. TERM - The term of this Agreement is from October 1, 2005, through September 30,
2006, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein.
2. SERVICES - The PROVIDER will provide services as outlined in the COUNTY'S
Edward Byrne Memorial State And Local Law Enforcement Assistance Formula Grant Award,
attached and made a part hereof.
3. FUNDS - The total project budget to be expended by the PROVIDER in performance
of the services set forth in Section 2 of this agreement shall be the total sum of $28,690.00.
The total sum represents federal grant/state sub -grant support in the amount of $21,517.00 and
local matching funds in the amount of $7,173.00, which amount shall be provided by the county
through the grant matching funds account. All funds shall be distributed and expended in
accordance with the Project Budget Narrative submitted as outlined in the grant agreement.
4. INCORPORATION BY REFERENCE - The provisions of those certain documents
entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law
Enforcement Subgrant Award Certificate and Application" therefor and all laws, rules and
regulations relating thereto are incorporated by reference, (Attachment C).
5. IMPLEMENTING AGENCY BOND - The PROVIDER is an implementing agency
under the COUNTY'S Edward Byrne Memorial State and Local Law Enforcement Assistance
Formula Grant Program, and shall be bound by all the provisions of the documents
incorporated by reference in Section 4 of this Agreement. Additionally, the PROVIDER shall be
bound by all laws, rules, and regulations relating to the COUNTY'S performance under the
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program.
/8\The PROVIDER shall render tOthe COUNTY, 8tthe close 0feach calendar month,
an itemized invoice properly dated, describing the services rendered, the cost of the services,
and all other information required by the Program Director. The original invoice Sh8U be sent to:
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL33040
(b) Payment shall b8made after review and approval bvthe COUNTY within thirty (3O)
days of receipt of the correct and proper invoice submitted by the PROVIDER.
7.TERMINATION - This Agreement may be terminated by either party atany time, with
or without C8USU' upon not less than Lhidv(3U) days vvrhiHn notice delivered to the other party.
The COUNTY shall not be obligated to pay for any services provided by the PROVIDER after
the PROVIDER has received notice oftermination. |nthe event there are any unused Edward
Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds, the
PROVIDER shall promptly refund those funds to the COUNTY or otherwise use such funds as
the COUNTY directs.
8.ACCESS T{]FINANCIAL RECORDS - The PROVIDER shall maintain appropriate
financial records which shall be open to the public at reasonable times and under reasonable
conditions for inspection and examination and which comply with the Agreement incorporated in
Section 4Ofthis Agreement.
9. AUDIT - The PROVIDER shall submit to the COUNTY an audit report covering the
term of this Agreement, within one -hundred twenty (120) days following the Agreement's lapse
Or early termination and shall also comply with all provisions of the Agreement incorporated in
Section 4ofthis Agreement.
10. NOTICES - Whenever either party desires to give notice unto the OUl8r, it must be
given by written notice, sent by registered United States mail, with return receipt requested, and
sent to:
FOR COUNTY: FOR PROVIDER:
David P. Owens Dan Dombrowski, Executive Director
Monroe County Grants Administrator Boys and Girls Club
11OOSimonton Street 14OO-BUnited Street
Key West, FL33O4O Key West, FL3384O
Either of the parties may ohenOe, by written notice as provided above, the addresses or
persons for receipt of notices.
11.UNAVAILABILITY (]FFUNDS -|fthe COUNTY shall learn that funding from the
Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level
sufficient to allow for the services specified herein, this Agreement may then be terminated
immediately, at the option of the COUNTY. by written D0UCe of termination delivered in person
Or by nl8i| to the PROVIDER at its address specified above. The COUNTY shall not be
obligated to pay for any services provided by the PROVIDER after the PROVIDER has received
notice 0ftermination.
12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services
pursuant k)this Agreement, the PROVIDER shall abide by all St8tutoS, ordinances, ru|oS' and
regulations pertaining to, or regulating the provision of, such services, including those now iD
effect and hereafter adopted, and particularly Article 1.Section 50fthe Constitution ofthe State
of Florida and Article 1 of the United States C0Dstitud0n, which provide that no revenue of the
state or any po|idoe| subdivision shall be ub|ized, directly or indinect|y, in aid of any church, sect
or religious denomination or in aid of any sectarian institution. Any violation of said statutes,
ordinances, rules, or regulations shall constitute a material breach of this Agreement
immediately upon delivery of written notice of termination to the PROVIDER. If the PROVIDER
receives notice of material breach, it will have thirty days in order to cure the material breach of
the contract. If, after thirty (30) days, the breach has not been cured, the contract will
automatically be terminated.
13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall
assign this Agreement or any interest under this Agreement, or subcontract any of its
obligations under this Agreement, without the written consent of the other.
14. INDEPENDENT CONTRACTOR/EMPLOYEE STATUS — The PROVIDER is an
independent contractor. No statement in this agreement shall be construed so as to find the
PROVIDER, its employees, contractors, servants, volunteers, or agents to be employees of the
COUNTY. Persons employed by the PROVIDER in the performance of services and functions
pursuant to this Agreement shall have no claim to pension, worker's compensation,
unemployment compensation, civil service or other employee rights or privileges granted to the
COUNTY'S officers and employees either by operation of law or by the COUNTY.
15. INDEMNIFICATION - The PROVIDER agrees to hold harmless, indemnify, and
defend the COUNTY, its commissioners, officers, employees, and agents against any and all
claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or
related to the provision of services hereunder by the PROVIDER.
16. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe
County, Florida, on the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
" .,�' 9 '' s '. i 3 § SON
Mayor/Chairman
Boys and Girls Club
By:
Witness
Name/Title:
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service Organizations,
county travelers, and contractual parties who have reimbursable expenses associated with
Monroe County business. These guidelines, as they relate to travel, are from Florida Statute
112.061,
A cover letter summarizing the major line items on the reimbursable expense request needs
to also contain a notarized certified statement such as:
"I certify that the attached expenses are accurate and in agreement with the records
of this organization. Furthermore, these expenses are in compliance with this organization's
contract with the Monroe County Board of County Commissioners."
Invoices should be billed to the contracting agency. Third party payments will not be
considered for reimbursement. Remember, the expense should be paid prior to requesting a
reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the
contract. This document should not be considered all-inclusive. The Clerk's Finance
Department reserves the right to review reimbursement requests on an individual basis.
Any questions regarding these guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter -company allocations are not
considered reimbursable expenditures unless appropriate payroll journals for the charging
department are attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is
needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or
hourly rate, total hours worked, withholding information and payroll taxes, check number
and check amount. If a Payroll Journal is not provided, the following information must be
provided: check amount, check number, date, payee, support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for
reimbursement. For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are
not allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement.
The log must define the date, number of copies made, source document, purpose, and
recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the
vendor invoice and a sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller,
the telephone number, the date, and the purpose of the call.
Travel Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of
Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061.
Credit card statements are not acceptable documentation for reimbursement. If attending a
conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the
original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to
facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel
purchases should be documented with paid receipts. Taxis are not reimbursed if taken to
arrive at a departure point: for example, taking a taxi from one's residence to the airport for
a business trip is not reimbursable. Parking is considered a reimbursable travel expense at
the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero.
Room must be registered and paid for by traveler. The County will only reimburse the
actual room and related bed tax. Room service, movies, and personal telephone calls are
not allowable expenses.
Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal
guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before
noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m.
for dinner reimbursement.
Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while
on County business. An odometer reading must be included on the state travel voucher for
vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For
example, driving form one's home to the airport for a business trip is not a reimbursable
expense.
Non -allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures
(unless specifically included in the contract), contributions, depreciation expenses (unless
specifically included in the contract), entertainment expenses, fundraising, non -sufficient
check charges, penalties and fines.
0
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for ( Organization name) for the time
period of to
Check # Payee
Reason
Amount
101 Company A Rent $ X'XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending 05/28/01 XXX.XX
(A) Total 1XXXOX �-Mx
(B) Total prior payments $ X'XXX.XX
(C) Total requested and paid (A + B) $ X'XXX.XX
(D) Total contract amount $ X'XXX.XX
Balance of contract (D-C) $--MX _UX AM
I certify that the above checks have been submitted to the vendors as noted and
that the expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in compliance with this
organization's contract with the Monroe County Board of County Commissioners and
will not be submitted for reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this - day of 2001
by who is personally known to me.
Notary Public Notary Stamp
ETHICS CLAUSE
♦' • COUNTY,•"DA
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
Date:
STATE OF
COUNTY OF
(signature)
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this day of
20
My commission expires:
•kyl I•� ..
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list."
SS1 A oFlorida Department of Lawof rce en 9
�ernor
Guy M. hinnell, Cviia�nissac►net•
Jeb Bush, Goi
Charlie Crist, Attorney General
Tom Gallagher, Chi<f'FirratrciillOfJice�
Charles 11. Bronson, CommissionerofAgricultttre
OCT 3 2005
The Honorable Dixie Spehar
Mayor
Monroe County Board of Commissioners
500 Whitehead Street, Suite 102
Key West, FL 33040
Re: Contract No. 2006-JAGC-MONR-4-M8-136
Dear Mayor Spehar:
The Florida Department of Law Enforcement is pleased to award an Edward Byrne
Memorial Justice Assistance Grant to your unit of government in the amount of
$ 21,517.00 for the project entitled, BOYS AND GIRLS SMART - MARATHON AREA.
These funds shall be utilized for the purpose of reducing crime and improving public
safety.
A copy of the approved subgrant application with the referenced contract number is
enclosed for your file. All correspondence with the Department should always refer to
the project number and title.
Your attention is directed to the Standard Conditions of the subgrant. These conditions
should be reviewed carefully by those persons responsible for project administration to
avoid delays in project completion and costs reimbursements.
The enclosed Certification of Acceptance should be completed and returned to the
Department within 30 calendar days from the date of award. This certificate constitutes
official acceptance of the award and must be received by the Department prior to the
reimbursement of any project expenditures.
Carunitted to
Service • Integrity - Respect o Qualin,
Office of Criminal Justice Grants
Post Office Box 1489, Tallahassee, Florida 32302-1489 • (850) 410-8700
www. fdle. state. fl. us
The Honorable Dixie Sp8har
Page Two
VVelook forward tOworking with you 0Othis p' project. |fvvecan bOOffurther assistance
please contact Janice Parish 8t85O/41O-870U. '
Sincerely,
Clayton H. Wilder
Enclosures
State mfFlorida
Office ofCriminal Justice Grants
Florida Department mfLaw Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative, acknowledges receipt and
acceptance ofaubgo8ntaward number 20O0-JAGC-K4[)NR-4-M#-135'inthe amount
of $21'517.00.for oproject entiUed,B{}YSANDG|RLS8K8ART-K4ARATHC)N
AREA, for the period of1D/O1/2005through 8S/3O/20O6.tobeimplemented iO
accordance with the approved aubQrantapplication, and subieottothe Florida
[)apa�rnentofLavvEnforoernent'eStandard {}ondiUoneand
'any special conditions
governing this subQnynt.
(Signature of Subgra
(Typed Name and Title of Official)
(Name of Subgrantee)
(Date of Acceptance)
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
SUBGRANT AWARD CERTIFICATE
Subgrantee: Monroe County Board of Commissioners
Date of Award: OCT 3 2005
Grant Period: From: 10/01/2005 TO: 09/30/2006
Project Title: BOYS AND GIRLS SMART - MARATHON AREA
Grant Number: 2006-JAGC-MONR-4-M8-136
Federal Funds: $ 21,517.00
State Agency Match:
Local Agency Match: $ 0.00
Total Project Cost: $ 21,517.00
State Purpose Area: 04A : Community Crime Prevention
CFDA Number: 16.738
Award is hereby made in the amount and for the period shown above of a subgrant
under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-
351, as amended, and the Anti -Drug Abuse Act of 1988, P.L. 100-690, to the above
mentioned subgrantee and subject to any attached or special conditions.
This award is subject to all applicable rules, regulations, and conditions as contained
in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D,
Office of Justice Programs, Common Rule for State and Local Governments and A-
87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It is
also subject to such further rules, regulations and policies as may be reasonably
prescribed by the State or Federal Government consistent with the purposes and
authorization of
P.L. 90-351, as amended, and P.L. 100-690.
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
Ann8pt8no8 OfSubgnantAward is returned to the Department.
Authorized fficial
Administrator
( ) This award iasubject bzspecial 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.
�&ppl-cat'on for Funding Assistance -
Florida Department ofLaw Enforcement
Justice Assistance Grant - County -wide
SubgranteeOizabm
Organization Name: Monroe Count/ Board of Commissioners
County Organization is Located In: Monroe
FE|O OR SAMA8: 59'8000740
Chief Official Position
Name: Dixie8pehar
Title: Mayor
Address: 5OOWhitehead Street, Suite 102
City: Key West
State: R- 3]p: 33040
Email: boocdin1@monroeoounh/-f|.@ov
Chief Financial Official Position
Name:
OannyKohage
|/t|m:
Clerk
Address:
5OOWhitehead Street
City:
Key West
State:
FL Zip: 33040
Email:
dkdhago@nnonroe-clork.00m
Fax: Suncom:
Application Ref # 2080-l4G[-120 Section #1 Page 1of2
Florida Department ofLaw Enforcement
Justice Assistance Grant - County -wide
Implementing
Organization Name: Monroe County Board ofCommissioners
County Organization is Located In: Monroe
FE|[]OR SAK8AS: 59-6000749
Chief Official Position
Name: OixieSpehar
Title: Mayor
Address: 500 Whitehead Street, Suite 102
City: Key West
State: FL Zip: 33O40
Email: b000dky1@monroeoou .gov
Project
Name: David Owens
Title: Grants Administrator
Address: 110OSimonton Street
City: Key West
State: FL 2]p: 33040
Email: owens-david@monroecounty-fl.gov
Application Ref # 2006-JAGC-120
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 Ref # 2006-JAGC-120 Section #2 Page 1 of 6
Contract 2006-JAGC-MONR-4-M8-
Application !r Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Problem Identification (Continued)
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 Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Project
Application �O0G�AGC-12O �
. Section #2 Page 3of 6
Contract 2006-JAGC-K4ONR-4-k88-
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Project Summary (Continued)
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
Section #2 Page 4 of 6
Contract 2006-JAGC-M0NR-4-M8-
Application • • Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Project Summary (Continued
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
Section #2 Page 5 of 6
Contract 2006-JAGC-MOLAR-4-M8-
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Application Ref # 2006-J\GC-120
Contract 2006-JAGC-K8ONR~4-K48-
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 # 2000-JAG[-120
Contract 2006-JAGC-M0NR4-M8-
Application for • • 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
Address(es):
Application Ref # 2006-JAGC-120
Section #3 Page 2 of 7
Contract 2006-JAGC-M0NR-4-M8-
Application for Funding Assistance
-
Florida Department ofLaw Enforcement
Justice Assistance Grant - County -wide
Boys and Girls Club
c/o Stanley Switlik School
348OOverseas Hwy
Marathon .FL33O50
Activity Description:
Activity: Crime Prevention Education
Target Group: Children
Geographic Area: City -Wide
Location Type: Boys and Girls Clubs
Auddrmsm(es):
Boys and Girls Club
c/o Stanley Switlik School
34OOOverseas Hwy
Marathon .FL3305O
Activity Description:
Activity: Drug Free Events
Target Group: Children
Geographic Area: City -Wide
Location Type: Boys and Girls Clubs
Auddrmss(es):
Boys and Girls Club
c/o Stanley SvvitlikSchool
J40OOverseas Hwy
Marathon . FL33U50
Activity Description:
Activity: Life Skills Training
Target Group: Children
Geographic Area: City -Wide
Location Type: Boys and Girls Clubs
Application Ref # 2006JAG[-120
Contract 2000-JA8C-MONR4-K88-
pplication for Funding Assistance
Addrass(as):
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Boys and Girls Club
c/o Stanley Switlik School
34UOOverseas Hwy
Marathon .FL3305U
Activity Description:
Activity: Recreation Program
Target Group: Children
Geographic Area: City -Wide
Location Type: Boys and Girls Clubs
Auddress(es):
Boys and Girls Club
c/o Stanley SwNikSchool
34OUOverseas Hwy
Marathon .FL33U50
Objective:
O4A.O1-Provide aspecified number ofalternative 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 bnconducted?
Gonki2
Objective:
O4A.02-Present aspecified number ofcrime and substance abuse
prevention education classes.
Measure: Part 1
How many crime prevention and substance abuse education classes will be
Application Ref # 2006-JA8C-120
Contract 2006JAGC-MONR4-M8-
Application for Funding Assistancls.,
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Objective:
04A.03 - Conduct a specified number of life skill development education
classes.
Measure: Part 1
How many life skill development education classes will be presented?
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 education?.
Goal: Yes
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.
Goal: 3
Objective:
04A.15 - Provide academic tutoring to a specified number of students.
Measure: Part 1
How many individuals will receive academic tutoring services?
Application Ref # 2006-JAGC-120
Section #3 Page 5 of 7
Contract 2006-JAGC-M0NR-4-M8-
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Goal: 14
Application Ref # 2006-JAGC-1 20
Section #3 Page 6 of 7
Contract 2006-JAGC-MONR-4-M8-
Application for Fu• • Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Section Questions:
If "other" was selected for the geographic area, please describe.
Ans: n/a
If 'other" was selected for location type, please describe.
Ans: n/a
Application Ref # 2006-JAGC-120
Contract 2006-JAGC-MONR-4-M8-
Section #3 Page 7 of 7
Application
f~ �v� Funding
Assistance
°�K��`"�����.���8� "~°� ° ��k�~"K���� ^�_~��U.^��nce
-
Florida Department of Levv Enforcement
Justice Assistance Grant - County -wide
General Financial Info:
Note: All financial remittances will besent bothe Chief Financial Officer ofthe SubQnantoe
Organization.
Financial Reporting Frequency for this Subgnont: Quarterly
|ethe oobgranteenstate aganoy?: No
SAMAS/Vendor Number: 59-6000740
Budget:
Budget Category
Federal
Match
Total
Salaries and Benefits
$0D0
$0.00
$0.00
Contractual Services
$21.517.08
$0.00
$21.517.00
Expenses
$0.00
$0.00
$0.80
Operating Capital
$0.00
$0.00
$0.00
Outlay
Indirect Costs
$0.00
$0.00
$0.00
—Toto|m —
$21.517.00
$0.00
$21,617.00
Percentage
100.0
0.0
100.0
Project
Will the project earn project generated income (pGY)?No
Application Ref 2008-JAGC-120 Section #4 Page 1of4
Contract 2006JAGC'MONR4-M
-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)
25 hrs X 12.00 hr X 52 weeks X .479 7,467
FICA (rounded) 571
TOTAL 8,038
Police Officer/Certified Addictions Prevention Professional
3 hrs X 25.00 per hr X 40 school weeks X .479 1,316
2 hrs X $25.00 per hr X 10 summer weeks X .479 571
FICA rounded 117
TOTAL 2,004
Marathon Unit Director
25 hrs X 14.00 Hr X 52 weeks X .479 8,712
FICA rounded 540
TOTAL 9,252
Activity Coordinator
25 hrs x 10.00 x 52 weeks X .479 6,223
FICA rounded 386
TOTAL $6,609
Administration Costs/Training
20 hrs X 15.00 X 12 months X .479 1,723
FICA rounded 107
TOTAL 1,830
Operating supplies (videos, work books, etc) 957
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 is $28,690.00, and the JAG portion is $21,517.00. The balance of the program
cost will be provided by Monroe County.
Application Ref # 2006-JAGC-120
Section #4 Page 2 of 4
Contract 2006-JAGC-MOLAR-4-M8-
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Application Ref # 2006-JAGC-120
Section #4 Page 3 of 4
Contract 2006-JAGC-MONR-4-M8-
• • • • • •, i
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 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.
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.
SPY 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.
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.
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.
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.
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.
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 shalt 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.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program_
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.
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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 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.
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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 wily 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 subgrant application for federal assistance is approved or face loss of federal funds.
Sign Our utho�rizedOfficial
Type Name: Dixie M. Spehar
Title: Mayor
Subgrant Recipient: Monroe County Board of County Commissioners
Date:
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
IMPLEMENTING AGENCY CERTIFICATION
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime
Control and Safe Streets Act of 1968 as amended, that this Implementing Agency ...(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.
Signature.6f Implementing Agency 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:
FDLE 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.
I
Signature:
Typed Name and Title: -Clayton H. Wilder, AemilflistrAr
Date: Li -36-os
Typed Name of Subprant 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 and Title:
Date:
Dixie M. Spehar, Mayor
Annlirafir)n Ref It ?nnF;_.1Ar,(-._7r, Confirm Hr, ED— I —f 1