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Item C16BOARD OFCOUNTY COMMISSIONERS AGENDA ITEM SUMMARY Division: OMB Department: Grants Staff Contact Person: Lisa Tennyson AGENDA ITEM WORDING: Authorization for the Mayor to execute the Certificate of Acceptance ofSub-grant Award for the Be The Change Monroe Youth Challenge Violence and Alcohol/Tobacco and Other Drug Prevention program, using funds provided under the FDLE Edward Byrne Memorial Justice Assistance Grant program, for the period from October 1, 2012through September 30, 2013. ITEM BACKGROUND: Federal funds are provided through the Florida Department of Law Enforcement. Substance Abuse Policy Advisory Board (SAPA8) reviews proposals and makes recommendations to BOCC for local funding of programs. PREVIOUS RELEVANT BOCCACTlON: Approval to apply for grant funds given at June 2012nneeL\ng. MOUwith Bethe Change ofThe Florida Keys, 3nc.,provider ofthe program, is also on the agenda for this meeting. CONTRACT/AGREEMENT CHANGES: _None. STAFF RECOMMENDATION: Agproval TOTAL COST: $16^499. Indirect Cost COST TO COUNTY: $0 DIFFERENTIAL OF LOCAL PREFERENCE: BUDGETED: Yes NoFl SOURCE OF FUNDS: FDLE REVENUE PRODUCING: Yes FlNoZ ^�—NERMO NTH YEA OMB/PURCHASI APPROVED BY:COUN�RISK A�EMEN DOCUMENTATION: INCLUDED: Z TO FOLLOW: F-1 NOT REQUIRED: F-1 DISPOSITION: ___ AGENDA ITEM #: MONROECOUNTY BOARD OFCOUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Law Effective Date: 10/01/12 Enforcement Expiration Date: 09/30/13 Contract Purpose/Description: Funds provided through H]LE Agreement to provide funds for the BeThe Change Monroe Youth Challenge Violence and Alcohol/Tobacco and Other DrugPrevention Program, � IContract Manager: Lisa Tennyson (Name) (Ext.) (Department) 4444 OMB/Grants Mgt. Deadline: 10/2412 CONTRACT COSTS Total Dollar Value of Contract: $16,499 Current Year Portion: $16.499.00 Grant: $16,499 County Match: $0 ADDITIONAL COSTS CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director YesFjNnF� Risk Management �l�--Yesr-1 No-�t O.M.B./Pu,Using \ YesnNoGl County Attorney / YesONoM �Comments: Revised 2/95 FILE Florida Department of Law Enforcement Gerald M. Bailey Commissioner Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 (850) 617-1250 www.fdle.state.fl.us The Honorable David Rice Mayor Monroe County Board of Commissioners '1100 Simonton Street Room 2-213 Key West, FL 33040 Re: Contract No. 2013-JAGC-MOLAR-2-D7-031 Dear Mayor Rice: Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture 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 $ 16,499.00 for the project entitled, BE THE CHANGE: MONROE YOUTH CHALLENGE VIOLENCE AND ALCOHOL/TOBACCO AND OTHER DRUG PREVENTION PROGRAM. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. Changes were made after your application was received in this office. Therefore, the Standard Conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service - Integrity * Respect - Quality The Honorable David Rice Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at 850/617-1250. Sincerely, �- H. Wilde r er Administrator CHW/JP/st Enclosures State of Florida Office mfCriminal Justice Grants Florida Department of Law Enforcement 2331Phi||ips Road Tallahassee, Florida 32308 The aubgrantee.through its authorized repreaUntative, acknowledges receipt and acceptance Vfsubon*ntaward number 2O13-JAGC-M[)NR-2-D7-0l.inthe amount uf$10.488.O0'for aproject 8rdit|ed.BETHECHANGE:K8ONROEYDUTH CHALLENGE VIOLENCE AND ALCOHOL/TOBACCO AND OTHER DRUG PREVENTION PROGRAM, for the period of1U/O1/2012through 0S/30/2O13.tobe implemented iDaccordance with the approved GubQrantapplication, and aUbieCtto the Florida Oepg�mentofLevvEnfOnCernent'mStandard Cond(honoand any 'special conditions governing this subgnant. (Signature ofSubongntee's Authorized Official) (Typed Name and Title of Official) (Name of Subgrantee) (Date ofAcceptance) Rule Reference 11O-90UO(}CJG-012(RHv.October 2OO5) State ofFlorida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331phi||<ps Road Tallahassee, Florida 32308 SUBGRANTAWARD CERTIFICATE Suborantee: Monroe County Board Of Commissioners � Date ofAvvard: y{� - u� - /2- GrantPeriod: From: 10/01/2012 TO: 09/30/2013 Project Title: BE THE CHANGE: k4ONROEYDUTH CHALLENGE VIOLENCE AND ALCOHOL/TOBACCO AND OTHER DRUG PREVENTION PROGRAM Grant Number: 2013-JAGC-M[JNFl-2-O7-031 Federal Funds: $18.499.U0 State Agency Match: Local Agency Match: $U�OU Total Project Cost: $ 18.498.00 CFOANurnber: 16.738 Award `shereby made xnthe amount and for the period shown above cfasubgnant 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 subgranteeand subject toany attached orspecial 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,Vr{}MBCin:u|arsA,110orAr102.aoappUCab|e,andA,21.intheirenbnaty. |tia also subject tosuch further rules, regulations and policies aemay boreasonably prescribed bythe State orFederal Government consistent with the purposes and authorization of P.L.SO-351.amamended, and P.L.1UO-OSO. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Authorized fficial Clayton H. Wilder Administrator q- (,—/Z— LIM ( ) This award is subject to special conditions (attached). Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: David Rice Title: Mayor Address: 1100 Simonton Street Room 2-213 City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: Email: rice-david@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Email: dkolhage@monroe-clerk.com Application Ref # 2013-JAGC-1984 Section #1 Page 1 of Contract 2013-JAGC-MONR-2-D7-031 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: David Rice Title: Mayor Address: 1100 Simonton Street Room 2-213 City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: Email: rice-david@monroecounty-fl.gov Project Director Name: Lisa Tennyson Title: Grants Administrator Address: 1100 Simonton Street Room 2-213 City: Key West State: FL Zip: 33040 Phone: 305-292-4444 Ext: Fax: Email: Tennyson-Lisa@monroecounty-fl.gov Application Ref # 2013-JAGC-1984 Section #1 Page 2 of 2 Contract 2013-JAGC-MONR-2-D7-031 Rule Reference 11 D-9.006 OCJG-005 (rev_ April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide r General Project Information Project Title: BE THE CHANGE: MONROE YOUTH CHALLENGE VIOLENCE AND ALCOHOL/TOBACCO AND OTHER DRUG PREVENTION Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2012 End Date: 9/30/2013 Problem Identification Problem Description: Due to the economic downturn the state and nation are experiencing, prevention programs are being eliminated at a rapid pace. Title IV, Safe and Drug Free Schools, was zero'd out completely in 2010. In 2011, the Federal program US Learn and Serve was cut. These programs were the primary programs addressing the prevention and reduction of alcohol and other drugs (ATOD) use, violence and bullying. The replacement of the programs, Safe and Healthy Communities, is only being awarded to larger communities like Miami -Dade or Broward. Yet, it is well established that Monroe County faces many of the same risk factors that would be found in those communities. According the Florida Youth Substance Abuse Survey 2010 (2012 results are not yet available), Monroe County youth consistently reported a higher ATOD use than elsewhere in Florida. 55.8% of Monroe youth ages 10-18 reported using alcohol, while 51.5% is the state average. - 29.6% of youth ages 10-18 reported using marijuana, while 23.8% is the state average. - 47.1 % of Monroe County High School youth ages 15-18 reported using illicit drugs at least once, an increase of 6.5% over the state average. Monroe County youth also report higher occurrences of violence and bullying than the state average. - 45.8% of Monroe County Middle School aged youth, 10-14, reported being teased or taunted. The state average is 36.1; almost a 10% difference. - 26.5% middle school youth reported being kicked or shoved, an 8.4% increase over the state average. It is not fiscally sound to further reduce prevention efforts in our county. In the needs assessment, there is information showing how we as a community have reduced ATOD use in the past 10 years since the decision to utilize Byrne funding to further this effort. This reduction of risky behaviors will correlate to fewer adult addictions, and costly rehabilitation and incarceration. Problem Significance: The philosophy that Monroe Youth Challenge Program (MYCP) utilizes when developing programming is that all teens are at risk. Every youth in the county is encouraged to participate in the program. Certain ages are specifically targeted, such as the transition age between 8th and 9th grade, where it is documented that students are at a greater risk of feeling isolated and may resort to risky behaviors to "fit -in." At this age they are also at a greater risk of being bullied. The goal of MCYP, with our community partners, is to change what youth see as "normal" in our schools and neighborhoods. When they Application Ref # 2013-JAGC-1984 Section #2 Page 1 of 6 Contract 2013-JAGC-MONR-2-D7- Ruie Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide feel it is normal to "Be The Change," risky behaviors are no longer thought of as normal According to the SAMSHA proven -effective curriculum, Project Alert, more than 90% of the nation's youth believe that 78% of the teens in their school smoke marijuana. Yet the number is far less. MYCP feels the need to change their perception. There are many risk factors that may influence the youth of Monroe County increasing the impulse to self -medicate with substances, engage or endure bullying and violence, have low school attendance, drop out of school, exhibit criminal behavior and an overall lack of productivity, experience depression, and even commit suicide. Also, Monroe County youth often show a lower occurrence of protective factors or assets when compared to both the state and national average. These high risks combined with low protective assets put our youth in danger. MYCP delivers unduplicated empowering programs to Monroe County youth. The programs, whether they are for the pre-school age group or high school, all encompass the Search Institutes Developmental Assets®. The emphasis is on closing the achievement gap; drug, alcohol, tobacco prevention; violence/crime-prevention; and safety education. MYCP is determined to provide environments for the youth to thrive academically and socially. Our county -wide, year- round services include educational, preventative, recreational, cultural, informational, referral, training and other services. Needs Assessment: The Monroe County Substance Abuse Task Force continues to make prevention a priority. MYCP has been a strong contributor to a real solution to the above -mentioned problems. As a community it is our responsibility to keep youth safe. To do this, we must increase protective factors (developmental assets) and decrease risk factors. The fewer assets possessed by a young person the more likely they will use drugs, alcohol or engage in violent acts as indicated by the graph on the page (created by the Search Institute), 0-10 11-20 21-30 31-40 Assets Assets Assets Assets Alcohol 45% 26% 11 % 3% Violence 62% 38% 18% 6% Illicit Drugs 34% 23% 11 % 3% According the FYSAS 2010, Monroe County is below national percentages in both Family and School Pro -social Involvement for high school aged youth. In Religiosity, we are significantly below the state average with Monroe at 43% and the national average at 62%. Clearly our unique county cannot rely only on parents, schools or churches to keep our youth safe. The community must take on active role in this task. MYCP is a grassroots, community -based organization that serves as a catalyst to keep the community invested and involved in developing our youth. Since the inception of MYCP 2001, we have seen an increase in community -based pro -social involvement. For the past several years we have surpassed the national norm (the only area in which this is true). In FYSAS 2010, 65% of high school youth reported community rewards for pro - Application Ref # 2013-JAGC-1984 Section #2 Page 2 of 6 Contract 2013-JAGC-MONR-2-D7- Rule Reference I I D-9 006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide social behavior compared to 63% nationally As the acute needs of the community become more epidemic, it is a common reaction to curtail all prevention programs and programs that build self-esteem, leadership and provide support and an avenue of communication for youth and the adults that care for them. This is exactly the opposite of what is needed during these financially challenging times. Low family socioeconomic status: 48.1 % of the Monroe County student population qualifies for free or reduced lunches. This number has been on a steady rise since 2005. Family income and education continues to be the best predictor of success in postsecondary education and in the job market. At the time of this grant we have the School District's poverty rate, as defined by the Federal Government, at 14.89% which is well above the poverty rate of the Country. As of May 17, 2012, there are 354 students registered as homeless in our county. This is an overwhelming 91 more homeless youth than this time last year. There has not been this large of an increase since 2005, directly after Hurricane Wilma. A student in poverty is more likely to engage in risky behaviors. This level of poverty has an impact on the school community at large and causes a tremendous strain of the social and educational services in the community. In this economically challenging time, it is extremely important that we, as a community, continue to place importance on protecting our youth from risk. Project Summary (Scope of Work) MYCP addresses the need to reduce at -risk behavior and enhance academic and social success by building internal and external assets in youth. This includes self confidence, resilience, empathy, a sense of belonging, positive values and decision making skills. MYCP does this by supporting the youth to BE THE CHANGE and MAKE A CHANGE. Each participant is equipped with an experience that includes the capacity to influence his or her own thinking. MYCP addresses the issues of bullying, substance abuse and violence. Our organization strives to engage and empower young people by fostering healthy connections and relationships with peers and adults. MYCP seeks to address the isolation, separation and loneliness that underlie issues related to violence and substance abuse. Young people need to feel valued and inspired more than ever before. By engaging them as the leaders that we see them to be, MYCP steers young people away from potentially harmful outlets they may otherwise participate in if they lacked a community and opportunity to step into their greatness and see the greatness of the people around them. MYCP targets all Monroe County youth regardless of gender, age or academic performance. MYCP seeks at -risk students, including those who have dropped out, have been arrested, failing school or those who exhibit a sense of being isolated. MYCP also works directly with parents since the goal of this project will be to minimize risky youth behaviors and develop protective factors for all youth in Monroe County. Our organization recognizes that the best change agents among youth are other youth; therefore, MYCP will continue its comprehensive approach to providing effective youth programming. This comprehensive approach includes parenting and educational classes, middle school programs and high school programs. 1) Parenting and educational classes teaching effective discipline, ATOD prevention, Application Ref # 2013-JAGC-1984 Section #2 Page 3 of 6 Contract 2013-JAGC-MONR-2-D7- Rufe Reference 11D-9.006OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department ofLaw Enforcement Justice Assistance Grant - County -wide healthy communication, and health literacy, It also provides effective parent -networking. MYCP offers Community Playgroups which were created to ease financial and emotional burden of addressing the achievement gap between low income and other students, These disparaging effects could be reduced as larger segments of the populations are serviced through playgroups designed to teach parents how to raise their child's IQ, reduce parenting stress factors (such as maternal depronaion).and reduce the risk ofchild neglect orabuse. These activities transfer real- tife parenting skills in a fun way and give the parent increased confidence on how to handle conflict and discipline and the knowledge of how to provide needed services to their children. MYCPprovides public playgroups mlow income, at -risk neighborhoods. Monroe County is a transient culture and these playgroups meet the needs of parents, children, schools, and the community. Because they are held mcommon areas every week and are free, they attract rnothers with children from birth to school age where they easily and quickly build trusting relationships, Through these relationships, information is transferred from community -based initiatives to population groups who do not readily engage with public agencies or utilize services, 2) Middle School years are often the turning point for youth. Many students drop out ufschool shortly after ninth grade, Aspike indiscipline incidents occur hnthe 5th4Bhgrade years. MYCP believes targeting this age group will provide the youth support to avoid risky behavior. Prevention and transition programs are devised specifically by students for students and target the immediate needs cfthat population. Most programs are designed byhigh school students who have benefited from MYCP's Leadership programs. An example is our 8th Grade Transition Program which had been developed to end school rivalry and bullying for students from middle school aathey enter the high school. Youth created events toentice students from all socioeconomic ranges and provide information as to the real threats of emotional burdens throughout the school, including racism, violence, bullying and harassment and to promote the development of stronger relationships among students and their peers, family and community. MYCP signature -programs create alliances for youth with the understanding of the common challenges they face. It also creates asafe space for youth hointeract inameaningful way with supportive adults, MYCP actively searches for students on campus suffering from alienation, who do not feel connected to the school and work to develop their sense of purpose and empowerment. Strengthening students' emotional health, redirecting negative factors and empowering the individuals to overcome obstacles lead to a reduction in risky behavior, 3) High School programs are the primary focus of MYCPndaily delivery. Anexample iothe menb/nngprograms where high school youth are trained 0oprovide effective mentonahipincluding tutonng.character development and asset building. They weekly visit their ^|itt|e^and ithas a profound impact on not only the elementary -aged youth but also on the mentor, The mentor iu expected to keep up their grades, have no serious discipline issues, and keep a minimal amount o[absences toserve uuamentor. Some ofour youth serving aamentors had been mentorodby KMYCPyouth four years ago. Our elementary students are achieving onstandardized tests, have improved attendance and reduced behavior issues. Uincreases engagement inthe educational experience for all involved. Application Ref # 2013JAG[-1984 Contract 2013-JAGC-M0NR- -D7 Application for Funding Assistance Florida Department OfLaw Enforcement Justice Assistance Grant - County -wide Other programming also scheduled tobaoffered to youth this year iuChallenge Day and PeuueJam, Both national programming that teach youth bobanon-empowered.and Vo undastandthat the adults around them value them, These help 8zfurther our vision ofeach child in our county has the resources, skills and motivation to survive and thrive in school and in life. The deliverable for the unit cost is aservice hour ofprevention activities including crime and drug prevention, drug free events, community service, mentoring, leadership, and parenting activities. Significance to the Community: MYCP provides essential, asset building activities for youth in our community, In this time of economic limitations, as families and agencies are cutting back, these activities will bamore needed than ever. The goals ofJAG are the very same goals of[NYCP. The sheer number of hours and clients that are served, combined with the unparalleled low - overhead, makes every prevention dollar allocated worthwhile. No Duplication: MYCP brings together other agencies, volunteers, and youth to provide the fabric ofoversight neodedforourcommunitykxuhacUnnof#necos ofother agencies. The majority of other agencies in our community only target families and children, who suffer from addiction, or abuse, and whose issues are substantially more costly 10the tax-poymr Funding KJYCPwith the fUll amount will certainly be a savings for tax -payers but may also save pain for the individuals who experience loss from isolation, drugs, violence and other risky behavior. Application Ra # 2013-JACC-1984 Contract 2013JAGCN0NR-2-D7- *u�nam�n�110-9 006 nuJG-nn (rev Apmmm5) Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Part 1: In your business or organization's preceding completed fiscal year, did your business or organization (the subgrantee) receive (1) 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? If yes, answer "yes" or "no" to Part 2, below. Answer: No Question: Part 2: Does the public have access to information about the compensation of the executives in your business or organization (the subgrantee) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? If answer to Part 1, above, was "no," answer N/A. Answer: NA Application rtet 1; 2013-JAGC-1984 Section #2 Page 6 of 6 Contract 2013-JAGC-MONR-2-D7- Rule Reference 1 i D•9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: A - Accomplishments: Includes any accomplishments during the reporting period. Activity Description Activity: Community Service Target Group: Juveniles - Male or female" Geographic Area: Rural Location Type: School District Address(es) : Coral Shores High School 89901 Overseas Highway Tavernier , FL 33070 Horace O'Bryant Middle School 1105 Leon Street Key West , FL 33040 Key Largo School 104801 Overseas Key Largo , FL 33037 Key West High School 2100 Flagler Ave Key West, FL 33040 Marathon High School 350 Sombrero Beach Road Marathon , FL 33050 Marathon Middle School 350 Sombrero Beach Blvd, Marathon , FL 33050 Monroe Youth Challenge 4800 Overseas Highway Suite #6 Marathon , FL 33050 Application Ref # 2013-JAGC-1984 Section #3 Page 1 of 6 Contract 2013-JAGC-MONR-2-D7- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Plantation Key School 100 Lake Road Tavernier, FL 33070 Stanley Switlik School 3400 Overseas Highway Marathon , FL 33050 Sugarloaf School 225 Crane Blvd. Sugarloaf Key, FL 33042 Activity: Target Group: Geographic Area Location Type: Activity: Target Group: Geographic Area Location Type: Address(es) : Activity Description Community Leader Meetings Juveniles - Male or female* Rural School District Activity Description Crime Prevention Education Juveniles - Male or female* Rural School District Coral Shores High School 89901 Overseas Highway Tavernier, FL 33070 Horace O'Bryant Middle School 1105 Leon Street Key West , FL 33040 Key Largo School 104801 Overseas Key Largo , FL 33037 Key West High School 2100 Flagler Ave Key West, FL 33040 Application Ref # 2013-JAGC-1984 Section #3 Page 2 of 6 Contract 2013-JAGC-MONR-2-D7- Rule Reference 11D-9.006OCJG-005 (rev. April2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Marathon High School 350 Sombrero Beach Road Marathon , FL 33050 Marathon Middle School 350 Sombrero Beach Blvd. Marathon , FL 33050 Monroe Youth Challenge 4800 Overseas Highway Suite #6 Marathon , FL 33050 Plantation Key School 100 Lake Road Tavernier , FL 33070 Stanley Switlik School 3400 Overseas Highway Marathon , FL 33050 Sugarloaf School 225 Crane Blvd, Sugarloaf Key, FL 33042 Activity Description Activity: Drug Prevention Education Target Group: Juveniles - Male or female* Geographic Area: Rural Location Type: School District Activity Description Activity: Drug Free Events Target Group: Juveniles - Male or female* Geographic Area: Rural Location Type: School District Activity Description Activity: Mentoring Target Group: Juveniles - Male or female* Geographic Area: Rural Nppncation Ket # 2013-JAGC-1984 Section 93 Page 3 of 6 Contract 2013-JAGC-MONR-2-D7- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Location Type: School District Objectives and Measures Objective: Al - Report on program accomplishments Measure: Part 1 Please briefly describe what your program's accomplishments will be. Please include any benefits or changes to be observed as a result of JAG -funded activities, such as program completion, or changes in attitudes, skills, knowledge, or conditions. [500-character limit] Goal: Monroe Board of County Commissioners anticipates funding Monroe Youth Challenge Program and will provide drug and violence prevention education programming services to young people in schools throughout Monroe County. The services will include substance and crime prevention education workshops and presentations, drug -free events, community services, leadership training, educational play groups, mentoring and parenting classes. The services will be provided by prevention coordinators. Objective: A2 - Report on usage of crimesolutions.gov Website Measure: Part 1 Will you be using the crimesolutions.gov website? Goal: No Objective: A3 - Report on subgrants from grantees other than FDLE Measure: Part 1 Are you a subrecipient of a JAG award from another JAG grantee (other than FDLE)? A Grantee can be a primary recipient of a JAG award from BJA and a subrecipient of a JAG award from another JAG award primary recipient. Goal: No Measure: Part 2 If yes, enter grantee organization or agency name. Goal: NA State Purpose Area: PE - Prevention and Education: Includes activities where individuals are served, directly or indirectly. Activities may include one-time events, services, or events and services that occur on a continual basis. Activity Description Activity: Prevention and Education Target Group: Prevention and Education Application Ref # 2013-JAGC-1984 Section #3 Page 4 of 6 Contract 2013-JAGC-MONR-2-D7- RJe Reference 11D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide �. Geographic Area; Rural Location Type: School District Objectives and Measures Objective: PE1 - Report on JAG funding allocated for prevention and education Measure: Part 1 How much JAG funding has been allocated for Prevention and Education? Please report in dollars ($). Goal: $16,499.00 Measure: Part 2 How many prevention or education programs will you implement? Goal: 3 Measure: Part 3 How many substance abuse prevention or education programs will you implement? Goal: 3 Measure: Part 4 What type of prevention or education programs will you provide? In your response, please list all that apply from the following choices: Anti -gang, Anti -drug, Cognitive, Crime Prevention, Drug Prevention, Educational, Employment, Gang Resistance, GED, Housing, Job Skills, Mental Health, Mentoring, Pro -social, Substance Abuse, Truancy, Vocational, Other. If other, please specify. Goal: Other: Parenting, High School Leadership Opportunities, and Middle School Prevention programs. Objective: PE2 - Serve participants in ongoing programs Measure: Part 1 How many participants will the program serve? Please report the number of participants for ongoing programs and not one-time events. Goal: 3000 Measure: Part 2 Of those participants to be served, how many will be NEW participants? Goal: 3000 Application Ref # 2013-JAGC-1984 Section #3 Page 5 of 6 Contract 2013-JAGC-MONR-2-D7- Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: NA Question: If "other" was selected for location type, please describe. Answer: NA Application Ref # 2013-JAGC-1984 Section #3 Page 6 of 6 Contract 2013-JAGC-MONR-2-D7- Rule Reference I ID-9 006 OGJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR I Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $16,499.00 $0.00 $16,499.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0,00 -- Totals -- $16,499.00 $0.00 $16,499.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2013-JAGC-1984 Section #4 Page 1 of 3 Contract 2013-JAGC-MONR-2-D7- Rule Reference 11 D-9.006 0CJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide . Budget Narrative: CONTRACTUAL SERVICES: Be the Change Monroe Youth Challenge Program will provede 825 hours of crime prevention activities, drug prevention activities, drug free events, community service, mentoring, leadership, and parenting activities for youth at school sites thoughout the Monroe County School District. Services will be provided by Prevention Coordinators. Unit: 1 Service Hour Unit Cost: $20.00 Unit Cost Budget: 825 units (rounded) of prevention programming / activities @ $20.00 per unit. Total Unit Cost Calculation: 825 (approx.) x $20.00 = $16,499 TOTAL BUDGET: $16,499 Unit Cost was established by contracte service provider in June 2012. CONTRACT: Monroe County will execute a contract with Be The Change Inc. for the Monroe Youth Challenge Program for the period of October 1, 2012 through September 30, 2013. A copy of the contract will be sent to FDLE. Application Ref # 2013-JAGC-1984 Section #4 Page 2 of 3 Contract 2013-JAGC-MONR-2-D7- 3ule Reference 11 D-9.006 oCSG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: if salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byme program? Answer: NA Question: If benefits are to be included, are they reflected in the budget narrative? Answer: NA Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: Monroe County's OCO is $1,000. Question: if indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: NA Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: UNIT COST BUDGET BASIS: Monroe Youth Challenge Prevention Coordinators (3) $20/hr x 825 hours = $16,499 Total Service Units = 825 (approx.) Total Salaries = $16,499 (rounded) TOTAL BUDGET = $16,499 TOTAL UNITS = 825 TOTAL COST PER UNIT = $20.00 The unit cost was established by the contracted service provider in June 2012. Monroe County determined funding for project via a competitive process. Application Ref # 2013-JAGC-1984 Section #4 Page 3 of Contract 2013-JAGC-MONR-2-D7- Rvle Reference 11 D-9 006 OCJG-005 (rev. April 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 11 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 18 of this section. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) (wwwoip.usdoi.-govlfinanciaiguide/index.htm) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance (www.bia.gov/ProgramDetails.aspx?Program ID=59 * ) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: • Florida Administrative Code, Chapter 11D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": www.firules.orgi Office of Management and Budget (OMB) Circulars: www.whitehouse.-Qov/omb/circulars * A-21 (2 CFR 220), "Cost Principles for Educational Institutions" * A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" * A-102, "Grants and Cooperative Agreements with State and Local Governments" A-1 10 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" A-122 (2 CFR 230), "Cost Principles for Non -Profit Organizations" A -133, "Audits of States, Local Governments, and Non -Profit Organizations" Code of Federal Regulations: www.qpo.gov/fdsys/ 0 2 CFR 175.1 5(b), "Award Term for Trafficking in Persons" o 28 CFR 38, "Equal Treatment for Faith -Based Organizations" 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" 28 CFR 18, 22, 23, 30, 36, 42, 61, and 63 • Public Law 109-162, Title XI —Department of Justice Reauthorization, Subtitle B—Improving the Department of Justice's Grant Programs, Chapter 1—Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: www.bia.gov/ProgramDetails.aspx?Program ID=59. • United States Code: www.qpo.gov/fdsys/ 0 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" • State of Florida General Records Schedule GSI-SL for State and Local Government Agencies: dlis.dos.state.fl.us/barm/genschedules/GSI-SL.pdf. 2. Requirements for Contractors of Subgrant Recipients The subgrant recipient assures 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 (42 U.S.C. 3711 et seq. at www,qpo.gov/fdsys/); the provisions of the current edition of the Office of Justice Programs Financial Guide (www.oip.usdoi.gov/financialquide/index.htm); and all other applicable State and Federal laws, orders, circulars, or regulations. SFY 2013 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth inthe Office ofJustice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments," or OMB Circular A-21, "Cost Principles for Educational Institutions." b. All procedures employed inthe use offederal funds for any procurement shall beaccording to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A,11O. orOMB Circular A,1O2. and Florida law to beeligible for reimbursement. a. Project Performance Reports (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within fifteen (15) days after the end of the reporting period.In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall besubmitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 18, Performance of Agreement Provisions. (2) Report Contents: Performance Reports must include a response to all objectives included inyour subAnanL AdetailednanponoeisrequiredinUhenarnat\veporbunforyes/no performance objectives. The narrative must also reflect onaccomplishments for the quarter and identify problems with project implementation and address actions being taken toresolve the problems, Additional information may be required ifnecessary to comply with federal reporting requirements. (3) Submission: Performance Reports may besubmitted by the Project Director, Application Manager, or Performance Contacts. b. Financial Reports (1) Project Expenditure Reports (a)The subgrantnecipient shall have achoice of submitting either oMonthly or a Quarterly ProjecExpenditure Report to thDepartment. thirtyReports are due . . days after the end of the reporting..— — 'In addition, if the subgnantaward period isextended, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery Act must besubmitted monthly. See the Recovery Act Conditions for additional ¢A All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office ofCriminal Justice Grants (DCJG)through the SubgnantInformation Management DN-|ine(S|N1ON)system. (c) All Project Expenditure Reports shall besubmitted insufficient detail for proper pre - audit ondpoot-oudit. (d) Before the "finol"Project Expenditure Report will beprocessed, the mubgrant Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement have satisfied all special conditions. Failure tocomply with the above provisions shall result in forfeiture of reimbursement, (e) Reports are tobesubmitted even when noreimbursement isbeing requested, (D The report must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. (2) Financial Closeout Audit (o) The Financial Closeout Audit shall besubmitted hnthe Department within forty-five (45)days ofthe oubgrant termination date. (b) The Financial Closeout Audit must beelectronically signed by the subgrant recipient or implementing agency's chief financial officer orthe chief financial officer's designee. (3) Project Generated Income (PGI) (a) If applicable, the subgrant recipient shall submit Quarterly PGI Earnings and Expenditures Reports to the Department within thirty (30) days after the end of the reporting period covering subgrant project generatedi and expenditures during the previous quarter. |fany PG|remains unspent after the eubgrentends, the subgrant recipient must continue submitting quarterly PGI reports until all funds are expended, (See item 11.Program |noonne.) (b)FG|Earnings and Expenditures reports must beelectronically signed by the subgrant recipient orimplementing agency's chief financial officer orthe chief financial officer's designee. c Other Reports The subgrant recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 5. Fiscal Control and Fund Accounting Procedures a� All expenditures and cost accounting nffunds shall conform tothe Office ofJustice Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and A-1 10, orA-1O2osapplicable, intheir entirety. The oubgnortrecipient isrequired toestablish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. As a subgrant recipient, you must have a financial management system in place that is able to record and report onthe receipt, obligation, and expenditure ofgrant funds. Anadequate accounting system for ooubgrantrecipient must beable to accommodate fund and account structure to separately track receipts, expenditures, assets, and liabilities for awards, programs, and subgnantrempinnts. c� Ali funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. d, All funds not spent according to this agreement shall be subject to repayment by the Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department ofLaw Enforcement 6. Payment Contingent on Appropriation and Available Funds The State ofFlorida's performance and obligation 10pay under this agreement \econtingent upon mnannual appropriation bythe Florida Legislature. Furthermore, the obligation ufthe State of Florida to reimburse eubgnent recipients for incurred ouoto in subject to available federal funds. 7. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent tothe termination date ofthe nubgnordperiod. Only project costs incurred onorafter the effective date and on or prior to the termination date of the subgrant recipients project are eligible for reimbursement. All payments must be completed within thirty (30) days of the end of the subgnontperiod. Advance funding may be providedtoaoubgrant recipient upon owritten request ho the Department. The request must b*electronically signed bythe oubgnontrecipient orimplementing agency's chief financial officer or the chief financial officer's designee. 9. Trust Funds a, The unit oflocal government must establish otrust fund inwhich kzdeposit JAG funds. The trust fund may or may not be an interest bearing account. b, The account may earn interest, but any earned interest must baused for program purposes and expended before the federal grant period end date. Any unexpended interest remaining at the end of the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal tothe Bureau ofJustice Assistance. 10. Travel and Training The cost ofall travel shall bereimbursed according tothe oubgnantrecipient's written travel policy. |fthe oubgrentrecipient does not have owritten travel policy, cost ofall travel will be reimbursed according to § 112,061, Fla. Stat. 11. Program Income (also known emProject Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program b. Any project that will potentially earn PG|must submit anEarnings and Expenditures Report Uzreport how much PG|was earned during each quarter. /\ report must besubmitted each quarter even ifnoPG|was earned orexpended. PG|Earnings and Expenditures reports must be electronically signed by the subgrant recipient or implementing agency's chief financial officer orthe chief financial officers designee. c� pG|expoditunes require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award, If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. P{S\budget requests must besigned bythe subQnant recipient or implementing agency's chief financial officer or the chief financial officer's designee. d, Program income should beused ooearned and expended aesoon aopossible. Any unexpended PGi remaining at the end of the Federal grant period must be submitted to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 12. Approval mfConsultant Contracts The Department shall review and approve in writing ail consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for aneight-hour day. Adetailed justification must besubmitted toand approved byFDLEprior hmobligation orexpenditures ofsuch funds. Approval shall bebased upon the contract's compliance with requirements found in the Financial Guide. the Common Ru\e, and in applicable state statutes, The Department's approval ofthe oubgrmntrecipient agreement does not constitute approval ofconsultant contracts. |fconsultants are hired through acompetitive bidding process (not sole aource).the s45Othreshold does not apply. 13. Property Accountability a. The subg rant recipient agrees to use all n on-expendabie property for criminal justice purposes during its useful life ordispose ofitpursuant to§ 274.F|a. Stat. The oubgnant recipient shall establish and administer oyaharn to protect, presenx*, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guido, U.S. Department ofJustice Common Rule for State and Local Governments or the federal OMB Circular A-1 10 or A-1 02, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration ofthis agreement. 14. Ownership ofData and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, orthe federal OMB Circular A,110orA-1U2. as applicable. 15. Copyright The awarding agency reserves oroyalty-free non-exc|usiva'and irrevocable license toreproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright inany work developed under anaward oraubawand.and b. Any rights of copyright bowhich aoubgrandrecipient oroubnanpientpurchases ownership with support funded under this grant agreement. 18. Publication mrPrinting mf Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) days prior 10the targeted dissemination date, Ali materials publicizing orresulting from award activities shall contain the following statements - "This project was supported by Grant No. [contact the Office of Criminal Justice Grants foraward number] awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component ofthe Office ofJustice Programs, whicho|ooinn\udeatheBuneeuofJustineStatiobcn. the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department Edward BMemorial Jstice Assistance Grant Florida Department of Law Enforcement 17. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single orprogram-specific audit conducted for that year. The audit shall beperformed |n 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 inthe subject audit. The contract shall beidentified asfederal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed, When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of § 11.45. Fla. Stat. . "Definitions; duties; authorities- reports, ru|en.^; §215.97. Fla. SteL. "Florida Single Aud�Ac�;and Rules ofthe Auditor (�eneraLChapter 1O.55Q,"Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For -Profit {}rgenizationn.^ b� Acomplete audit report that covers any portion ofthe effective dates nfthis agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. |norder tobecomplete, 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 beaccepted bythe Department. c. The subgrant ntshall have all audits completed byanIndependent Public Accountant (IPA). The I PA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e, The subgrant recipient shall ensure that audit working papers are made available to the Department, orits designee, upon request for operiod ofthree (3)years from the date the audit report ioissued, unless extended inwriting bythe Department. f, SuLgrantnecipients that expend less than $500,000 in Federal awards during afiscal year are exempt from the audit requirements ofOMB Circular A-133for that fiscal year, \nthis 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 aubgnantrecipient imexempt. This notice shall beprovided tothe Department nolater than March following the end ofthe fiscal year, g, Ifthis agreement isclosed out without anaudit, the Department reserves the right torecover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report orwritten notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office ofCriminal Justice Grants 2321 Phillips Road Tallahassee, Florida 323OD 18. Performance mfAgreement 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, orsuspension ofthe agreement inwhole orinpart. |nsuch event, the Department SFY38/3 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The yubgrantrecipient shall bepaid only for those services satisfactorily performed prior to the effective date of such sanction, 19. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the muUgnant recipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date, b, Ifaproject isnot operational within QU days of the originalstart date ofthe award period, the suUgnantrecipient must submit o second statement to the Department explaining the implementation delay. c Upon receipt ofthe ninety (QO)day letter, the Department shall determine ifthe reason for delay isjustified orshall, atits discretion, unilaterally terminate this agreement and re - obligate subgrantfundshxotherDepadmentapprovedpnojecty. The Department, where warranted by extenuating circumstances, may extend the starting date of the projectpast the ninety (90) day period, but only by formal written adjustment to this agreement, 20. Excusable Delays Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault ornegligence ofthe eubgnantrecipient, Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, 5ree, f|oode, epidemins, quarantine restrictions, sthkes, freight embargoay, and unusually severe weather, but inevery 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) Theeubgrant recipient failed to reasonably comply with such order, c Upon request oftheoubgnant recipient, the Department shall ascertain the facts and the extent ofsuch failure, and if the Department determines that any failure hoperform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 21. Written Approval of Changes in this Approved Agreement (Grant Adjustments) a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation ychedu|es, project director, and designs orresearch plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. SFY2073 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Subgnsntrecipients may transfer upho1O96ofthe total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. d. Requests for changes to the subgrant agreement must be electronically signed by the subgrant recipient or implementing agency's chief official or the chief official's designee. m. Any certifications required for the requested changes, such as Sole Source, ADP Justification, Privacy Certification forms, and Confidential Funds certifications, must be signed by the subgrant recipient or implementing agency chief official or someone with formal, written signature authority for the chief official. 22. 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 bzall concerned parties. The yubgnantrecipient shall proceed diligently with the performance ofthis agreement according h»the Department's decision. b If the subgnyntrecipient appeals the Department's decision, the appeal also shall bemade in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. StaL, and in procedures set forth in Ruka28-1US,1D4. Florida Administrative Code. Failure to appeal within this time frame constitutes awaiver ofproceedings under§ 120. Fla. Stot. 22. Conferences and Inspection mfWork Conferences may beheld atthe request ofany party hnthis agreement. Adany time, a representative of the Department, of the U.S, Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 24. Access toRecords a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b The Department reserves the right to unilaterally terminate this agreement if theeubo�� recipian�impkamondngagency, orcontractor refuses hnallow public access hoaUdocuments, papers, letters, or other materials subject to provisions of § 119, Fla. Stat., and made or received by the subgrant recipient or its contractor in conjunction with this agreement. C. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 25. Retention ofRecords Theyubgnant recipient shall maintain all records and documents for aminimum offive (5) years from the date of the final financial statement and be available for audit and public disclosure upon request ofduly authorized persons. The yubgrantrecipient shall comply with State ofFlorida General Records Schedule GG1'SLfor State and Local Government Agencies: Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Upon implementation ofthe project, hnthe event there ieachange inChief Officials for the Subgnantrecipient orImplementing Agency, project staff must notify the help desk for FO[E'o online grants management system, SIMON (Subgrant Information Management Online) so that the organization can beupdated inG|KADN. |fthe project director changes, a-gnantadjustment must beentered inS|KAONhnreflect the change. 27. Background Check Whenever abackground screening for employment orobackground security check isrequired by |am/ for employment, unless otherwise provided by law, the provisions of§435. Fla. SbsL shall apply. a. All positions in programs providing care to nhildren. the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant ho§43b. Fla. Styt., using the level 2 standards set forth in that chapter. All employees inpositions designated bylaw mepositions oftrust orresponsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes ofthe 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 tocooperate insuch investigation or refuses to submit fi ngerphnts 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 oremployee. When fingerprinting isrequired, the fingerprints ofthe employee orapplicant for employment shall betaken bythe employing agency orbyan authorized law enforcement officer and submitted hothe Department ofLaw Enforcement for processing and forwarding, when requested by the employing agency, hothe United States Department ofJustice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing ofthe fingerprints. 28. Drug Court Projects A Drug Court Project must comply with § 397.334. Fla. Stat.. "Treatment -Based Drug Court 29. Overtime for Law Enforcement Personnel Prior Uoobligating funds from this award tosupport overtime bylaw enforcement officers, theU.S. Department of Justice encourages consultation with all allied components of the criminal justice system inthe affected jurisdiction. The purpose ofthis consultation iehoanticipate and plan for systemic impacts such as increased court dockets and the need for detention space. Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 30. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Qffioe of Justice Programs funds will comply with 28 C.F.R. part23. Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable, Should the Office ofJustice Programs determine 28C.F.R. Part 23tobeapplicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C�F,R� 23.20(g). Should any violation of28 C.F.R. Part23 occur, the subgrent recipient may be fined asper 42U.S.C. 3789g(c)-(d). The yubgnantrecipient may not satisfy such afine with federal funds. 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 the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must besubmitted atthe time of grant application. 32. Civil Rights Compliance a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients, implementing agencies, and contractors must comply with any applicable statutorily -imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of1AS8(42U.S.C, §3788d);the Victims ufCrime Act (42 U&C�§1OUD4(e));The Juvenile Justice and Delinquency Prevention Act of2OO2(42U.&C. §SG72(b));the Civil Rights Act uf10G4(42U.S,C. §2OOOd); the Rehabilitation Act of1BT3 (29US,C. § 704);the Americans with Disabilities Act of1QQ8(42UB.C. §12131'34);the Education Amendments of1Q72 (20 U.S.C. §§1681. 1683. 1685-88); the Age Discrimination Act o/1Q75(42U.8,C�§§G1O1-D7)|and Department ofJustice Non -Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith - based and community organizations). b. FDLE does not discriminate on the basis of race, no|or, re|igion, national or|gin, sex, disabi{|ty, orage inthe delivery ofservices orbenefits orinemployment. c� Subgrant recipients are responsible for ensuring that contractors, vendors, and agencies to whom they pass -through funds are in compliance with all Civil Rights requirements and that the contractors, vendors, and agencies are aware that they may file ad(snr|mninat(on complaint with the subgrant recipient, with FDLE, or with the Office for Civil Rights and how to do so. d. Equal Employment Opportunity Plans (1) Aeubgrantrecipient orimplementing agency must develop anEEO Plan if ithas 5Oor more employees and bhas received any single award uf$25.00Oormore from the Department nfJustice. The plan must beprepared using the on-line short form at www.gip,usdoi.,qov/about/ocr/eeop comply.htm, must be retained by the subgnand recipient or implementing agenny, and must be available for review oraudit, The organization must also submit anEEO Certification toFDLE, (2) If the subgrant recipient orimplementing agency isrequired hxprepare anEEO Plan and has received any single award cf $5OO.00Uormore from the Department ofJustice, it must submit its plan hxthe Department cfJustice for approval. Acopy ofthe Department ofJustice approval letter must besubmitted hoFDLE. The approval letter expires two years from the date ofthe letter. Edward Byrne Memorial Justice Assistance Grant (JAG Florida Department ofLaw Enforcement (3) A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe, If an organization |yexempt from the EEO Plan requirement, itmust submit anEEO Certification toFDLE (4) The subgrant recipient and implementing agency acknowledge that failure hocomply with EEO Requirements within OOdays ofthe project start date may result insuspension or termination offunding, until such time asd|sincompliance. e. |nthe event aFederal orState court orFederal orState 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 FIDLE and to the Office for Civil Rights, Office of Justice Programs. f, |naccordance with federal civil rights laws, the yubgrantrecipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. Q. Subgnantrecipients must include comprehensive Civil Rights/Nondiscrimination Provisions in all contracts funded by the subgrant recipient. If the subgrant recipient orany ofits employees, contractors, vendors, orprogram beneficiaries has a discrimination complaint, they may file a complaint with the subgrant recipient, with FDLE or with the Office for Civil Rights, Discrimination complaints may be submitted to FIDLE at Office of the Inspector General, P.O. Box 1489, Tallahassee, Florida 323O2-148Qoron-lineDiscrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7 1h Street, NW, Washington, DC 20531, by phone at (202)307-0890, i, The subgrant recipient must have procedures inplace for responding todiscrimination complaints that employees and dients, nueh»mery, and program participants file directly with the subgnontrecipient. �Any discrimination complaints file with FDLEwill bereviewed byFQLE'sInspector General and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission, based on the nature of the complaint. h. Americans with Disabilities Act Subgrant recipients must comply with the requirements ofthe Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services and transportation (Title 11), public accommodations (Title 111), and telecommunications (Title IV). 1, Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining toTitle Nof the Civil Rights Act of1QG4.42U.S.C. §2OUOd.recipients ofFederal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at www,lep.gov, Edward Florida Department of Law Enforcement m. Equal Treatment for Faith Based Organizations The subgrant recipient agrees to comply with the applicable requirements of28C.F.R.Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Ragulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proye|ybzaUon, Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee urasub-grantee must bevoluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith -based organizations may, in some circumstances, consider religion aeobasis for employment. Gee 33. Immigration and Nationality Act No public funds will intentionally be awarded toany contractor who knowingly employs unauthorized alien workers, constituting avio|otionofUheemcloymentpn»vieionocontainedin8 U-SC.Section 1324a(a).Section 274A(e)ofthe Immigration and Nationality Act (^|NAf), The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)ofthe |NA. Such violation bythe subgnantrecipient ofthe employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract bythe Department. 34. National Environmental Policy Act (NEPA) The subgrant recipient agrees to assist FIDLE in complying with the NEPA, the National Historic Preservation Act, and other nalabadfodera|emvironmanta|impac analyses requirements in the use ofsubgrantfunds by the yubgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, itapplies ae long asthe activity is being conducted bythe yubgnantrecipient or any third party and the activity needs to be undertaken in order to use these subgrant funds. (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 00-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 ofanew program involving the use ofchemicals other than chemicals that are (a)purchased ayanincidental component ofofunded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. (5) Implementation ofaprogram relating hoclandestine met amphetamine|abonatory operations, including the identification, seizure, or closure of clandestine methamphetamine|abonohohea. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement agrees to the requirements for implementation ofaMitigation Plan, as detailed by the Department ofJustice at . for programs relating to methamphetamine laboratory operations. c, For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program oractivity. 35. Non-Procurement,Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12540. Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Non procurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarnad, suopended, declared ineligible or is voluntarily excluded from participating in this covered tnansgodon, unless authorized bythe Department. |fthe yubgrantiys1OO.00Oormore, the mobgnantrecipient and implementing agency certify that they and their principals: aAre not presently debarred, ouypandad, proposed for debarment, declared ine|igib|e, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions byany Federal department oragency; L� Have not within athree-year period preceding this application been convicted oforhad acivil judgment rendered against them for commission of fraud or a criminal offense in connection with obbsining, attempting hnobtain, or performing a public (Federal, Sbuba, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgary, bribery, falsification ordestruction of recordy, making false etaUamente, or receiving ehn|en property; c Are not presently indicted for or otherwise criminallymcivilly charged byagovernmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)ofthis certification; and d, Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 36. Federal Restrictions onLobbying a. Each subgrantrecipient agrees tocomply with 20CFRPart 8B "New Restrictions on Lobbying" and shall file the most current edition ofthe Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission ofthis certification is a prerequisite to entering into this agreement subject haconditions and penalties imposed by31USC1352. 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 81UO.00Ofor each failure hofile, c. Aarequired by31 USC1352 and implemented at28CFRSQ.for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant oetfieythat: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Edward Byrne Memorial JaticeAasiataGrant Florida Department of Law Enforcement employee cfany agency, oMember ofCongress, anofficer oremployee ofCongress, oranemployee efaMember ofCongress inconnection with the making cf any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewa|, amandment, or modification of any Federal grant orcooperative agreement (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, aMember ofCongress, anofficer oremployee ofCongress, oranempkwoenf aN1amberofCongreysinconnacUonwithth|aFedens|0nyntor000penadvoagreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying AotiviUem."inaccordance with its instructions; (3) The undersigned shall require that the language ofthis certification baincluded inthe award documents for all eubawardeatall tiers (including yubgnants.contracts under grants and cooperative agreements, and subcontracts) and that all subgrant recipients shall certify and disclose accordingly, 37. State Restrictions onLobbying In addition to the provisions contained in Item 36, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract, 38. Additional Restrictions onLobbying The subgrant recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office ofJustice Programs. Funds from this award may not beused Uooperate a,pay-to-stay" program inany local jail. Furthermore.nofundsmaybegkenholooa|jailsdhsdopenube^pay'to-etay^pnzQnams. "Local Jail," as referenced in this oonditk»n, means an adult facility or detention center owned and/or operated bycity, county, ormunicipality. |tdoes not include juvenile detention centers. ^Pay-bz stay" programs as referenced in this condition, means program by which extraordinary semicey, amenities and/or accommodations, not otherwise available to the general inmate popu|otiun, may be providod, bayed upon as offender's apparent ability ho pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 40Mitigation of Health, Safety and Environmental risks dealing with Clandestine MethannphmtsmineLabmnabnhem Ifanaward ismade hosupport medhamphetaminelaboratory operations the - rantnacipient must comply with this condition, which provides for individual site environmental assessme nt/i m pact statements as required under the National Environmental Policy Act. a. General Requirement: The subgxontrecipient agrees hocomply 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 yubgnsntrecipient understands and agrees that any program ur initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. SFY2O13 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department ofLaw Enforcement Therefore, the yubgrant recipient further agrees that inorder toavoid ormitigate the possible adverse health, safety and environmental impacts from any ofclandestine 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 ofthe eubgranL |nsodoing, the subgnsnt recipient understands that it may implement these protective measures directly through the use of its own resources and staff ormay secure the qualified services ofother agencies, contractor orother qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors toremove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (G) 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 inorder 0xensure 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 others0o ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Have in place and implement a written agreement with the responsible state mlocal service agencies toproperly respond toany minor, as defined by state law, atthe site, This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 41. The Coastal Barrier Resources Act Theaubgrant recipient will comply and assure the compliance ofall contractors with the provisions ofthe Coastal Barrier Resources Act (P.LQ7-34O)dated October 1B.1982(1GUSC 85O1etseq.)which prohibits the expenditure ofmost new Federal funds within the units ofthe Coastal Barrier Resources System. Edward Florida Department of Law Enforcement 42. Enhancement mfSecurity If funds are used for enhancing security, the subgrant recipient agrees to: a. Have anadequate process toassess the impact ofany enhancement ofoschool security measure that ieundertaken onthe incidence ofcrime inthe geographic area where the enhancement isundertaken. Conduct such anassessment with respect hoeach such enhancement; and, submit tothe Department the aforementioned assessment in its Final Program Report. 43. Environmental Protection Agency's (EPA)list ofViolating Facilities The eubgrentrecipient assures that the facilities under its ownaryhip, 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. 44. Flood Disaster Protection Act The aubgnantrecipient will comply with Section 1O2(a)ofthe Flood Disaster Protection Act cf 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 asanarea having special flood hazards, 45. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of10GG(1GU3.C. §47O).Ex. Order 11b03(identification and protection of historic properties), the Archeological and Historical Preservation Actof1974(1G U S,C� §480a'1 etoeq.). and the National Environmental Policy Act of1QGS (42 U &C, §4321)� 46. Human Research Subjects Subgrant recipient agrees to comply with the requirements of2OCF.R.part 4Gand 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. 47. Global Standards Package In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: www.it.oip..qov/gsp grantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 40 Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will bemonitored byFDLE. Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 49' Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U,S.C. section 3789Q and 28 C.F.R. Part 22 that are applicable to coUaudon, use, and revelation of data or information. Subgrant recipient further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 50' State Information Technology Point ofContact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded bythis grant during the obligation and expenditures period, This iotofacilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds, |naddition, the nubgrantrecipient agrees tnmaintain an administrative file documenting the meeting ofthis requirement. For alist ofState Information Technology Points ofContact, goto 51. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks eethe communication backbone to achieve interstate connectivity, unless the eubgnsnt recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed |Tsystem. 52. Supplanting The subgrant recipient agrees that funds received under this award will not beused bzsupplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 53. Conflict ofInterest The subgnantreoipksnt and implementing agency will establish safeguards to prohibit employees from using their positions for apurpose that constitutes orpresents the appearance ofpersonal or organizational conflict ofinterest, or personal gain. 54.Uniform Relocation Assistance and Real Property Acquisitions Act The subgnsntrecipient will comply with the requirements ofthe Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C, §46O1 atsuqj. which govern the treatment of persons displaced as a result of federal and federally -assisted programs. 55. Limitations omGovernment Employees Financed byFederal Assistance The subgnentrecipient will comply with requirements of5U�S.C. §§15O1-O8and §§7324-28 which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 56. Certification for Employees Working Solely pna Single Federal Award Any project staff that are fully or partially funded by the grant and that are expected to work solely onthe grant must certify that they worked solely onthe grant. The certification must beprepared atleast semi annually and must besigned bythe employee and bvasupervisory official having Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department ofLaw Enforcement 57. Additional Documentation of Personnel for Department of Financial Services Inaccordance with Section 215,Q71.Florida Statutes, theFbhdoDepartmantofFinomcied Services may require documentation validation that personnel services were performed on project related activities in accordance with the contract agreement. 58. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, Oratuity, orsimilar misconduct involving grant funds 59. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, each member of a law enforcement task force funded with these funds who is a task force commander,agency executive, task force officer, or other task force member of equivalent rank, will complete required online (Internet- based)baakforcetraining. The training inprovided free ofcharge online through BJ/(sCenter for Task Force Integrity and Leadership ( , All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness amwell as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information in available regarding this required training and access methods via BJ/Yaweb site and the Center for Task Force Integrity and Leadership (yww.ctfk.org). 60. Funds tmAssociation ofCommunity Organizations for Reform Now (ACORN)Unallowable Subgrant recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval ofOJP, 61. High Risk Sub0rantRecipients Theoubgnant recipient agrees tocomply with any additional requirements that may beimposed during the grant performance period if the U.S. Department of Justice determines that the subgnontrecipient ima high -risk grantee, C[ 28C.F.R. partnGG. 70. 62. Text Messaging While Driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving."74Fed. Reg. 51225 (October 1, 2009), the subgrant recipient is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this subgrant and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 63. Central Contractor Registry (CCR) The subgrontrecipient must maintain the currency ufits information inthe CCRuntil itsubmits the final financial report required under this award or receives the final payment, whichever is |eter. This requires that the nubgnantnecpient review and update the information atleast annually after the initial registration, and more frequently if required by changes in its information or Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 64. Maximum Allowable Salary No portion of these federal grant funds shall baused towards any part of the annual cash compensation ofany employee ofthe mubgnentrecipient whose total annual cash compensation exceeds 110% of the maximum salary payable to a member of the Federal governments Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. (The salary table for SES employees iaavailable at . A subgrant recipient may compensate an employee at a higher rate, provided the amount in excess ofthis compensation limitation inpaid with non-federal fundn.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 65. DNA Testing ofEvidentiary Materials and Upload ofDNA Profiles toaDatabase If JAG program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS), by a government DNA lab with eocena toCOD|S. No profiles generated with JAG funding may be entered into any other n on -govern mental DNA database without prior express written approval from BJA. For more information, refer to the NIJ FY 2012 DNA Backlog Reduction Program, available at 66. |mtenoperab|eCommunications Guidance Subgrantecipients that are using funds husupport emergency communications activities must comply with the current SAFECOW1Guidance for Emergency Communication Gnsntn, including provisions on technical standards that ensure and enhance interoperable communications. Emergency communications activities include the purchase of Interoperable Communications Equipment and technologies such as voice-over-internet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) Waiver Order. SAFECOM guidance can befound ad . Bubgnantrecipients Grantees interested in developing opublic safety broadband network inthe 700 MHz band in their jurisdictions must adhere to the technical standards set forth in the FCC Waiver Order, or any succeeding FCC orders, rules, or regulations pertaining to broadband operations in the 700 MHz public safety band. The subgrant recipient shall also ensure projects support the Statewide Communication |nheropanabi|ih/ Plan (SC|P) and are fully coordinated with the full-time Statewide |nheroperabi||tyCoordinator (SVV|C). |fany future regulatory requirement (from the FCC orother governmental entity) results in a material technical or financial change in the projeot, the recipient should submit associated documentation, and other material, as appUoab|e, for review by the SVV|Ctoensure coordination. Subgnant recipients must provide a listing of all communications equipment purchased with grant award funding (plus the quantity purchased of each item) to FIDLE once items are procured during any periodic programmatic progress reports. 67. Bulletproof Vests Subgrant recipients that wish to purchase vests with JAG funds must certify that law enforcement agencies receiving vests have awritten "mandatory wear' policy \neffect. This policy must be in place for at least all uniformed officers before funding can be used by the agency for vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. FAQs related to the mandatory wear policy and certifications can befound at JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the Edward Florida Department of Law Enforcement Bulletproof vests purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic orstab standards, In addition. bulletproof vests purchased must be American -made. The latest NIJ standard information can be found at: www.nii.gov/topics/technology/body-armor/safetV-initiative.htm, The subgrant recipient agrees to participate in BJA- or FDLE-sponsored training events, technical assistance events, or conference held by FDLE or BJA or their designees, upon FDLE's or BJA's request. 69. Expenses Related toConferences, Meetings, Trainhngs,and Other Events The oubgnardrecpiant agrees to comply with all applicable |awn, ragu|edono, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance inavailable et CERTIFICATION FORM Recipient Namc and Address: Monroe County 1100 Simonton St. , Key West, FL 33040 Be The Change: Monroe Youth Challeng 2013-JAGC-198 Grant Title: Grant Number: 4lward Amount: $16, 499. 00 Contact Person Name and Title. Lisa Tennyson, Grants Admin. Phone Number: (305) 292-4444 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and tht Office of Community Ortcnted Policing Services (COPS) to prepare, maintain on tile, submit to OJP fur review, and implement an Equal Fmploymcnt Opportunity Plan (ESOP) in accurdance with 23 C.F.R 4$ 42 301. 308. The rcgulatiuns exempt some recipients from all of the EEO? requirements, Other recipients, .according to the regulations, must prepare. maintain on file and implement an HOP, but they do not need to submit the EEOP to OJP tor review. Recipients that claim a cumplete exemption from the ESOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section 8 be ow. A recipient should complete either Section A or Section 8, not bnth. Ifa recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any ESOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Ofticc for Civil R ights, Office of Justice Programs. U.S. Departmcnt of Justice, 810 7" Strect. N.W , Washington. D.C. 20531. For assistance in completing this form, please call (202)307. i1690 or T rY (202) 307.2027. Section A- Declaration Claiming Complete Exemption from the ESOP Requirement, Please theca all the ho.re.r that appiv, C Recipient has less than 50 employees, O Recipient is an indian tribe, C Rccipicnt is a non-profit organization, O Recipient is an educational institution, or * Recipient is a medical institution, ❑ Recipient is receiving an award less than S25,000 t [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. 1 further certify that [recipient) will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section 8- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP is on File for Review. if a recipient agency has 50 or more employees and is receiving a single award or.ubaward for S25.000 or more, but less than S500,000. then the recipient agency doe, nut have to submit an ESOP to OJP for review as long as it certifies the following lag C F.R. J 42,305): I Roman -:astesi, County Administrator [responsibleofiiciall, certify that the Monroe County SOCC Irecipient J,which has 50 or more ,mployees ,and is receiving a stngle award or ,ubawurd for `$25,000 or more, but less than S5()4).000, has formulated an I lH)P in ,ICLordunce �.vlth "t C U R �42.301, et ivq . subpart F. i further certify that the 1:EOP has been formulated and ,1�-,Ud into cffrct within the pasl Iwit year: by the proper authority and that it is available l'br rcvicw The FFOP is on the in lie ofticcof'` Ca=`rin A11en, EEO Officer, Monroe County _ �trrkanitalion�, tt i OQ Simonton Street, K_ey nest, FL 33040 (addresij,tur rcvicw by Inc public and employees or 'or revtcw or audit by oftielals of the relevant state planninb a t •tics or the Office ter Civil Rights. Office of iti,ucc Prtii,,rarn,. U. 5. Department of Justice, ,ts required by relcv❑ v , nd r • ulatiuns. Rogan Castesi, County Administrator Print or tv a `same and fitit i nature Date- - RESOLUTION NO. 167 -2012 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FY 2012-13 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the funding for Fiscal Year 2012-2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, the Monroe County Board of Commissioners agrees to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $82,496 with no cash match; and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. The County Administrator is hereby authorized to sign and submit the application packet for the Fiscal Year 2012-2013 grant funds to the Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and that 3, This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe Cour y, Florida, at a regular meeting of said Board held on the 20'h day of June, 2012. Mayor Rice Yes Mayor Pro Tern Wigington Yes Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Carruthers Yes 7) Co (Seal� Monroe County Board f Commissioners Attest" E�> C- By:777 Clerk of Court Mayor MONROE COUNTY ATTORNEY AS TO FORM: CHRISTINE M. LIMBETIT-BARROWS ASSISTANT COUNTY ATTORNEY Application for Funding Assistance Florida Department ofLaw 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 mnthis page, including Strikepvers, whiteout, etc. are not acceptable. Typed Name and Title: Typed Name of Su � Monroe County Typed Name and Title: Roman Gastesi, County Administrator Implementing Agency-, Typed Name Imoofrentin Monroe County 'Typed Name and Title: Roman Gastesi, County AdministrajDZ___ AppUcuionRef# 2013-JAGC-1984 Section#0 Page of 1 Contrad 'JAOC'MONF--- *u/aneo,enc /`oynn*ocJs'oo5(rev Apm20ms>