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Item C43BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 21, 2009 Bulk Item: Yes ® No ❑ Division: OMB Department: Grant Management Staff Contact Person: Lisa Tennyson AGENDA ITEM WORDING: Retroactive approval of the Federal Fiscal Year 2007 Edward Byrne Memorial Justice Assistance Grant (formerly know as the Local Law Enforcement Block Grant) contract in the amount of $23,792, with U.S. Department of Justice, Office of Justice Assistance. ITEM BACKGROUND: Monroe County has accepted LLEBG awards since 1997. The grants are for the Juvenile Drug Court. The contracts was signed by the former County Administrator but never brought before the BOCC for formal approval. PREVIOUS RELEVANT BOCC ACTION: Approval of LLEBG applications and contracts in prior years. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval TOTAL COST: $23,792 BUDGETED: Yes ® No ❑ COST TO COUNTY: $0 SOURCE OF FUNDS: US DOJ REVENUE PRODUCING: Yes ❑ No ® AMOUNT PER MONTH YEAR APPROVED BY:000NTY ATTYOMB/PURCHASING ❑ RISK MANAGEMENT ❑ DOCUMENTATION: INCLUDED: ® NOT REQUIRED: ❑ DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: US Dept of Justice, Office Effective Date: 10/1/06 of Justice Programs Expiration Date: 09/30/10 Contract Purpose/Description: Funding for Juvenile Drug Court. Contract Manager: Lisa Tennyson 4444 OMB/Grants Mgt. (Name) (Ext.) (Department) I for BOCC meeting on 10/21/09 enda Deadline: 10/06/10 CONTRACT COSTS Total Dollar Value of Contract: $23,792.00 Current Year Portion: 0 Budgeted? Yes X No Account Codes: t z5 - 16301 -536` ,;0 --XXXXXX Grant: $23,792 County Match: $0 P In Division Director AVDe /I Risk MancAgement� O.M.B./Purchasing County Attorney q 30 Dq I Comments: OMB Form Revised 9/11/95 MCP #2 Revised 2/95 ADDITIONAL COSTS CONTRACT REVIEW N 0 r Mo� It L 01 - - - M Date Out /a �2 �1 n �oj a�o9 Department of Justice Office of Justice Programs Bureau of Justice Assistance I. RECIPIENT NAME AND ADDRESS (Including Zip Code) Monroe County 1100 Simonton St. Key West, FL 33040-3110 IA. GRANTEE IRS/VENDOR NO. 596000750 3. PROJECT TITLE Juvenile Drug Court Grant 4. AWARD NUMBER: 2007-DJ-BX-1158 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 0803/2007 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD 11. TOTAL AWARD PAGE I OF 5 10/01/2006 TO 09/30/2010 10/01/2006 TO 09/30/2010 7. ACTION Initial 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(Sr 13. STATUTORY AUTHORITY FOR GRANT This project is supported under 42 U.S.C. 3751(a) (BJA - JAG Formula) 15. METHOD OF PAYMENT PAPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Domingo S. Hetraiz Director, Bureau of Justice Assistance 17. SIGNATURE OF APPROVING OFFICIAL $0 $ 23,792 $ 23,792 GRANTEE ACCEPTANCE 18, TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Thomas Willi County Administrator 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. DJ07U00526 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC, REG. SUB. POMS AMOUNT X B D1 80 00 00 23792 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs '" Bureau of Justice Ntuov Assistance PROJECT NUMBER 2007-DJ-BX-1158 AWARD CONTINUATION SHEET Grant AWARD DATE 08/23/2007 SPECIAL CONDITIONS PAGE 2 OF 5 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; c. A renovation, lease, or any 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, d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. OJP FORM 4000/2 (REV. 4-88) Department of Justice ratOffice of Justice Programs Bureau of Justice Assistance PROJECT NUMBER 2007-DJ-BX-1158 AWARD CONTINUATION SHEET Grant AWARD DATE 08/23/2007 SPECIAL CONDITIONS PAGE 3 OF 5 6. This special condition facilitates compliance with the provisions of the National Environmental Policy Act (NEPA) relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories [hereinafter, "meth lab operations"]. No monies from this award may be obligated to support meth lab operations unless the grantee implements this special condition. The Office of Justice Programs (OJP), in consultation with the Bureau of Justice Assistance, the Drug Enforcement Administration, and the Office for Community Oriented Policing Services, prepared a Program -level Environmental Assessment (Assessment) governing meth lab operations. The Assessment describes the adverse environmental, health, and safety impacts likely to be encountered by law enforcement agencies as they implement specific actions under their methamphetamine laboratory operations. Consistent with the Assessment, the following terms and conditions shall apply to the grantee for any OR funded methlab operations: A. The grantee shall ensure compliance by OR funded sub -grantees with federal, state, and local environmental, health, and safety laws and regulations applicable to meth lab operations, to include the disposal of the chemicals, equipment, and wastes resulting from those operations. B. The grantee shall have a Mitigation Plan in place that identifies and documents the processes and points of accountability within its state. This plan will be used to ensure that the adverse environmental, health, and safety impacts delineated in the Assessment are mitigated in a manner consistent with the requirements of this condition. C. The grantee shall monitor OJP funded meth lab operations to ensure that they comply with the following nine mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation Plan. These mitigation measures must he included as special conditions in all subgrants: (See Part 11 of this special condition) 1. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specified duties, equip the personnel with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed laboratory; 5. Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes at properly licensed disposal facilities or, when allowable, at properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs numbered 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement a written agreement with the responsible state environmental agency. This agreement must provide that the responsible state environmental agency agrees to (i) timely evaluate the environmental condition at and around the site of a closed clandestine laboratory and (ii) coordinate with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if determined necessary by the state environmental agency and in accordance with existing state and federal requirements; and 9. Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. OJP FORM 4000/2 (REV. 4-88) 0 Department of Justice Office of Justice Programs Bureau of Justice Assistance PROJECTNUMBER 2007-DI-BX-1158 AWARD CONTINUATION SHEET Grant AWARD DATE 08/23/2007 SPECIAL CONDITIONS PAGE 4 OF 5 S. The recipient agrees to submit to BJA for review and approval 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) working days prior to the targeted dissemination date. 9. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 10. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit http://www.niem.gov/implementationguide.php. 11. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest -bearing account.) The fund may not be used to pay debts incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Financial Status Report (SF-269). 12. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 13, The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, w per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 14. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income must be accounted for and used for the purposes under the conditions applicable for the use of funds under this award, including the effective edition of the OJP Financial Guide and, as applicable, either (1) 28 C.F.R. part 66 or (2) 28 C.F.R part 70 and OMB Circular A-I10. Further, the use of program income must be shown on the quarterly Financial Status Report, SF269. 15. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.ojp.usdoj.gov/ec/states.htm. 16. Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval. if appropriate, and subject informed consent. OJP FORM 4000/2 (REV. 4-88) Department of Justice Office of Justice Programs Bureau of Justice y Assistance PROJECT NUMBER 2007-DJ-BX-1158 AWARD CONTINUATION SHEET Grant AWARD DATE 08/23/2007 SPECIAL CONDITIONS PAGE 5 OF 5 17. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 18. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov." 19. Recipient agrees that funds provided under this award may not be used to operate a "pay -to -stay" program in any local jail. Recipient further agrees not to subaward funds to local jails which operate "pay -to -stay" programs. 20. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs (BJA) has received documentation demonstrating that the state or local governing body review and/or community notification requirements have been met and has issued a Grant Adjustment Notice (GAN) releasing this special condition. OJP FORM 4000/2 (REV. 4-88) f)i Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Maria Berry, Environmental Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for Monroe County All grants funded under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) will carry the following NEPA special condition: 1) The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; c. A renovation, lease, or any 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, d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. Department Office Justice GRANT MANAGER'S MEMORANDUM, PT. I: Office of Justice Prop ams PROJECT SUMMARY Bureau of Justice Assistance Grant This project is supported under 42 U.S.C. 375l(a) (BJA - JAG Formula) 1. STAFF CONTACT (Name & telephone number) Naydine Fulton -Jones (202) 514-6661 3a. TITLE OF THE PROGRAM 2007 Justice Assistance Grant Program 4. TITLE OF PROJECT Juvenile Drug Court 5. NAME & ADDRESS OF GRANTEE Monroe County 1 100 Simonton St. Key West, FL 33040-31 10 PROJECT NUMBER 2007-DJ-BX-1158 PAGE I OF I 2. PROJECT DIRECTOR (Name, address & telephone number) David Owens Grants Administrator 1 100 Simonton St. Key West, FL 33040-3110 (305)292-4482 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/01/2006 TO: N13012010 FROM: 10/01/2006 TO: 09/30/2010 9. AMOUNT OF AWARD 10. DATE OF AWARD $ 23,792 08/23/2007 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states, tribes, and local governments to support a broad range of activities to prevent and control crime based on their own local needs and conditions, Grant funds can be used for state and local initiatives, technical assistance. training. personnel, equipment, supplies, contractual ,support, and information systems for criminal justice for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs: 5) drug treatment programs: and 6) planning, evaluation. and technology improvement programs. Monroe County will use $23,792 in JAG funds for a Drug Court Coordinator position. OJP FORM 4000/2 (REV. 4-88) Juvenile Drug Court is a deferred prosecution program that includes the ten key components of a drug court as defined by the National Drug Control Policy Office. The program will target male and female juveniles between the ages of nine and seventeen in Monroe County. The drug court program is vital to the community because the resort town has relatively few activities for teens and low-income families resulting in juvenile substance abuse. NCA/NCF