Item C22BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 15 2008
Bulk Item: Yes E No []
Division: Budget and Finance
Department: Grants
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Staff Contact Person: David P. Owens
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CONTRACT/AGREEMENT CHANGES: New contract; however, this program has been
funded in Prior years under similar contracts.
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DISPOSITION: AGENDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe County Education Effective Date, '10/01/108
Foundation
Expiration Date: 9/30/09
Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of
the Monroe Youth Challenge program as part of Monroe County's FY09 Edward Byrne
Memorial Justice Assistance Grant Program. The contract will be supplemented with additional
funding through the Clerk's Drug Abuse Trust fund in the amount of $5,634.00.
Contract Manager: David P. Owens 4482
(Name) (Ext.)
OMB/Grants Mgt.
(Department)
enda Deadline: 09/30/08
CONTRACT COSTS
Total Dollar Value of Contract: $50,000.00 Current Year Portion: $50,000.00
Budgeted? Yes X No Account Codes: 125-06027-530490-GG0912-XXXXXX
125-06027-381164GT
Grant: $44,366.00-- Edward Byrne Memorial
Justice Assistance Grant Program
Additional funding of $5,634.00 through the
Clerk's Drug Abuse Trust Fund
County Match: $0.00
ADDITIONAL COSTS
Estimated Ongoing Costs: $2857.00 For: Staff support -filing reports, oversight
(Not included in dollar value above) (e.g. Maintenance, utilities, janitorial, salaries,
etc.)
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1017MEMNOM
EDWARD BYRNE= MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS AGREEMENT
THIS ACREEMEIo`T is made and entered into this 137' day of October, 2008, by and
between MONROE COUNTY, a political subdivision of the State of Florida, whose address i
1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and Monroe
County Education Foundation, whose address is Post Office Box 1788, Key West, Florida
33040, hereinafter referred to as "PROVIDER."
WITNESSETH
WHEREAS, the Florida Department of Law Enforcement has awarded a sub -grant of
Edward Byrne Memorial Justice Assistance Grant Funds to the COUNTY to implement a
program that provides drug free events, crime and substance abuse prevention classes, life
skills development classes, and community service projects; and
WHEREAS, the County is in need of an agency to provide said services under this
Program; and
WHEREAS, the Substance Abuse Policy Advisory Board published notices of requests
for proposals for use of these funds in newspapers of general circulation, and on May 15, 2008
held a publicly -noticed meeting at which the Board met and considered the proposals received;
and
WHEREAS, THE Substance Abuse Policy Advisory Board has recommended that the
COUNTY disburse a portion of the grant funds to this PROVIDER; and
WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial Justice
Assistance Grant Funds to the PROVIDER in accordance with the COUNTY'S application for
the Edward Byrne Memorial Justice Assistance Grant Funds,
WHEREAS, the COUNTY has agreed to provide supplemental funding through the
Clerk's Drug Abuse Trust Fund,
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and the PROVIDER agree as follows:
1. TERM - The term of this Agreement is from October 1, 2008, through September 30,
2009, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein.
2. SERVICES - The PROVIDER will provide services as outlined in the COUNTY'S Anti -
Drug Abuse Sub -grant Award, attached and made a part hereof.
3. FUNDS - The total project budget to be expended by the PROVIDER in performance
of the services set forth in Section 2 of this agreement shall be the total sum of $0,000.00.
The total sum represents federal grant/state sub -grant support in the amount of $44,366.00 and
supplemental funding through the Clerk's Drug Abuse Trust Fund in the amount of $5,634.00.
All funds shall be distributed and expended in accordance with the Project Budget Narrative
submitted as outlined in the grant agreement.
4. INCORPORATION BY REFERENCE - The provisions of those certain documents
entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law
Enforcement Subgrant Award Certificate" and "Application for Funding Assistance" therefore
and all laws, rules and regulations relating thereto are incorporated by reference (Attachment
C).
S. IMPLEMENTING AGENCY BOND - The PROVIDER is an implementing agency
under the COUNTY'S Edward Byrne Memorial Justice Assistance Grant Program, and shall be
bound by all the provisions of the documents incorporated by reference in Section 4 of this
Agreement. Additionally, the PROVIDER shall be bound by all laws, rules, and regulations
relating to the COUNTY'S performance under the Edward Byrne Memorial Justice Assistance
Grant Program.
6. BILLING AND PAYMENT
(a) The PROVIDER shall render to the COUNTY, at the close of each calendar month,
an itemized invoice properly dated, describing the services rendered, the cost of the services,
and all other information required by the Program Director. The COUNTY shall only reirnburse,
subject to the funded amounts, those reimbursable expenses which are reviewed and approved
as complying with this agreement. Please see attachment A (Expense Reimbursement
Requirements) & attachment B (Example of reimbursement request letter). The PROVIDER'S
final invoice must be received within 60 days after the termination date of this contract. The
original invoice shall be sent to:
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL 33040
(b) After the Clerk of the Board of County Commissioners examines and approves the
request for reimbursement, the COUNTY shall reimburse the PROVIDER. However, the total of
said reimbursement expense payments in the aggregate sum shall not exceed the total amount
shown in paragraph 3.
7. TERMINATION - This Agreement may be terminated by either party at any time, with
or without cause, upon not less than thirty (30) days written notice delivered to the other party.
The COUNTY shall not be obligated to pay for any services provided by the PROVIDER after
the PROVIDER has received notice of termination. In the event there are any unused Edward
Byrne Memorial Justice Assistance Grant Funds, the PROVIDER shall promptly refund those
funds to the COUNTY or otherwise use such funds as the COUNTY directs.
8. RECORDS. PROVIDER shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party to
this Agreement for public records purposes during the term of the Agreement and for four years
following the termination of this Agreement.
ACCESS TO FINANCIAL RECORDS - The PROVIDER shall maintain appropriate
financial records which shall be open to the public at reasonable times and under reasonable
conditions for inspection and examination and which comply with the Agreement incorporated in
Section 4 of this Agreement. If an auditor employed by the County or Clerk determines that
monies paid to PROVIDER pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the PROVIDER shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to PROVIDER.
9. PUBLIC ACCESS. The COUNTY and PROVIDER shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession
#r under its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNTY and PROVIDER in conjunction with this Agreement; and the
COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this
'trovision by PROVIDER.
10.ATTESTATIONS, PROVIDER agrees to execute such documents as the COUNTY
may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug -Free Workplace Statement.
11. ATTORNEY'S FEES AND COSTS. The COUNTY and PROVIDER agree that in the
event any cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as
an award against the non -prevailing party, and shall include attorney's fees, courts costs,
investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of
Monroe County.
12. AUDIT - The PROVIDER shall submit to the COUNTY an audit report covering the
term of this Agreement, within one -hundred twenty (120) days following the Agreement's lapse
or early termination and shall also comply with all provisions of the Agreement incorporated in
Section 4 of this Agreement.
13. NOTICES - Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered United States mail, with return receipt requested, and
sent to:
FOR COUNTY:
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL 33040
FOR PROVIDER:
Dan Kratish
Monroe County Education Foundation
P.O. Box 1788
Key West, FL 33040
Either of the parties may change, by written notice as provided above, the addresses or
persons for receipt of notices.
14. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the
Florida Department of Law Enforcement or the Clerk's Drug Abuse Trust Fund cannot be
obtained or cannot be continued at a level sufficient to allow for the services specified herein,
this Agreement may then be terminated immediately, at the option of the COUNTY, by written
notice of termination delivered in person or by mail to the PROVIDER at its address specified
above. The COUNTY shall not be obligated to pay for any services provided by the PROVIDER
after the PROVIDER has received notice of termination.
15. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services
pursuant to this Agreement, the PROVIDER shall abide by all statutes, ordinances, rules, and
regulations pertaining to, or regulating the provision of, such services, including those now in
effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State
of Florida and Article 1 of the United States Constitution, which provide that no revenue of the
state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect
or religious denomination or in aid of any sectarian institution. Any violation of said statutes,
ordinances, rules, or regulations shall constitute a material breach of this Agreement and shall
entitle the COUNTY or PROVIDER to terminate this contract immediately upon delivery of
written notice of termination to other.
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of appropriate local, state and/or federal certification and/or licensure of the PROVIDER'S
program and staff.
17, ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall
assign this Agreement or any interest under this Agreement, or subcontract any of its
obligations under this Agreement, without the written consent of the other. Approval shall be
subject to such conditions and provisions as the COUNTY may deem necessary.
18. INDEPENDENT CONTRACTOR/EMPLOYEE STATUS — The PROVIDER is an
independent contractor. No statement in this agreement shall be construed so as to find the
PROVIDER, its employees, contractors, servants, volunteers, or agents to be employees of the
COUNTY. Persons employed by the PROVIDER in the performance of services and functions
pursuant to this Agreement shall have no clairn to pension, worker's compensation.,
unemployment compensation, civil service or other employee rights or privileges granted to the
COUNTY'S officers and employees either by operation of law or by the COUNTY.
19. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
20. NON -RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms of this Agreement to enforce or attempt to enforce any third -party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY
and the PROVIDER agree that neither the COUNTY nor the PROVIDER or any agent, officer,
or employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under
this Agreement separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
21. NON -WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the COUNTY and the PROVIDER in this Agreement and
the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
22. INDEMNIFICATION - The PROVIDER agrees to hold harmless, indemnify, and
defend the COUNTY, its commissioners, officers, employees, and agents from any and all
claims for bodily injury (including death), personal injury, and property damage (including
property owned by Monroe County), and any other losses, damages, and expenses (including
attorneys fee) which arise out of, in connection with, or by reason of services provided by the
PROVIDER occasioned by the negligence, errors, or other wrongful act or omission of the
PROVIDER'S employees, agents, or volunteers.
23. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the COUNTY, when performing their respective functions
under this Agreement within the territorial limits of the County shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents, volunteers,
or employees outside the territorial limits of the County
24. ETHICS CLAUSE — PROVIDER warrants that he/it has not employed, retained or
otherwise had act on his/its behalf any former County officer or employee in violation of Section
2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of
Ordinance No. 10-1990. For breach or violation of this provision the COUNTY may, in its
discretion, terminate this contract without liability and may also, in its discretion, deduct from the
contract or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
(a) COVENANT OF NO INTEREST - COUNTY and PROVIDER covenant that neither
presently has any interest, and shall not acquire any interest, which would conflict in any
manner or degree with its performance under this Agreement, and the only interest of each is to
perform and receive benefits as recited in this Agreement.
(b) CODE OF ETHICS - COUNTY agrees that officers and employees of the COUNTY
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
(c) ANTI -DISCRIMINATION — PROVIDER agrees that it will not discriminate against any
employees or applicants for employment or against persons for any other benefit or service
under this agreement because of their race, color, religion, sex, national origin, or physical or
mental handicap where the handicap does not affect the ability of an individual to perform in a
position of employment, and to abide by all federal and state laws regarding non-discrimination.
COUNTY and PROVIDER agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. COUNTY or PROVIDER
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title Vil of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683,
and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -
6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PIL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PIL 91-616), as amended, relating to nondiscrimination on the basis
of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42
USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patent records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The
Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time
to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the subject
matter of, this Agreement.
(d) ANTI -KICKBACK - COUNTY and PROVIDER warrant that, in respect to itself, it has
neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay
any person, company, corporation, individual, or firm, other than a bona fide employee working
solely for it, any fee, commission, percentage, gift or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of this
provision, PROVIDER agrees that COUNTY shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full
arnount of such fee, commission, percentage, gift or consideration.
25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS. COUNTY and PROVIDER
agree that all disputes and disagreements shall be attempted to be resolved by rneet and confer
sessions between representatives of each of the parties. If no resolution can be agreed upon
within 30 days after the first meet and confer session, the issue or issues shall be discussed at
a public meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to seek such relief
or remedy as may be provided by this Agreement or by Florida law.
26, COOPERATION. In the event any administrative or legal proceeding is instituted
against either party relating to the formation, execution, performance, or breach of this
Agreement, COUNTY and PROVIDER agree to participate, to the extent required by the other
party, in all proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the services under this Agreement. COUNTY and
PROVIDER specifically agree that no party to this Agreement shall be required to enter into any
arbitration proceedings related to this Agreement.
27. CONSENT TO JURISDICTION. Governing Law, Venue, Interpretation, Costs, and
Fees: This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and PROVIDER agree that
venue will lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
28. NON -WAIVER. Any waiver of any breach of covenants herein contained to be kept
and performed by the PROVIDER shall not be deemed or considered as a continuing waiver
and shall not operate to bar or prevent the COUNTY from declaring a forfeiture for any
succeeding breach, either of the same conditions or covenants or otherwise.
29. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or
the application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining terms,
covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each
remaining term, covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the remaining
terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement, The COUNTY and PROVIDER agree
to reform the Agreement to replace any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
30. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe
County, Florida, on the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
By:--, By:__
Deputy Clerk Mayor/Chairman
0
Witness Title:
A TITACHMENT A
EXPENSIE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service Organizations, county
travelers, and contractual parties who have reimbursable expenses associated with Monroe
County business. These guidelines, as they relate to travel, are from Florida Statute 112.061.
A cover letter summarizing the major line items on the reimbursable expense request needs to
also contain a notarized certified statement such as:
"I certify that the attached expenses are accurate and in agreement with the records of
this organization. Furthermore, these expenses are in compliance with this organization's
contract with the Monroe County Board of County Commissioners."
Invoices should be billed to the contracting agency. Third party payments will not be
considered for reimbursement. Remember, the expense should be paid prior to requesting a
reisibursement.
Reimbursement requests will be monitored in accordance with the level of detail in the contract.
This document should not be considered all-inclusive. The Clerk's Finance Department
reserves the right to review reimbursement requests on an individual basis. Any questions
regarding these guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter -company allocations are not
considered reimbursable expenditures unless appropriate payroll journals for the charging
department are attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is needed.
If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate,
total hours worked, withholding information and payroll taxes, check number and check amount.
If a Payroll Journal is not provided, the following information must be provided: check amount,
check number, date, payee, support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for
reimbursement. For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are not
allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement. The
log must define the date, number of copies made, source document, purpose, and recipient. A
reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice
and a sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sendler, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller, the
telephone number, the date, and the purpose of the call.
Travel Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel
Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card
statements are not acceptable documentation for reimbursement. If attending a conference or
meeting a copy of the agenda is needed. Airfare reimbursement requires the original
passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the
audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be
documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point:
for example, taking a taxi from one's residence to the airport for a business trip is not
reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport
parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room
must be registered and paid for by traveler. The County will only reimburse the actual room
and related bed tax. Room service, movies, and personal telephone calls are not allowable
expenses.
Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM,
MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines
state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end
after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner
reimbursement.
Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER
DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An
odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not
allowed from a residence or office to a point of departure. For example, driving from one's
home to the airport for a business trip is not a reimbursable expense.
Non -allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures
(unless specifically included in the contract), contributions, depreciation expenses (unless
specifically included in the contract), entertainment expenses, fundraising, non -sufficient check
charges, penalties and fines.
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
HE
The following is a summary of the expenses for ( Organization name) for the time period
of to-.
Check # Payee
101 Company A
102 Company B
104 Employee A
105 Employee B
Rent
Utilities
P/R ending 05/14/01
P/R ending 05/28/01
(C) Total requested and paid (A + B)
(D) Total contract amount
Balance of contract (D-C)
$ X'XXXYX
XXX.XX
XXX.XX
XXX.XX
$ X'XXX.XX
$ X'XXX.XX
$ X'XXXYX
$ X.XXXYX
I certify that the above checks have been submitted to the vendors as noted and that the
expenses are accurate and in agreement with the records of this organization. Furthermore,
these expenses are in compliance with this organization's contract with the Monroe County
Board of County Commissioners and will not be submitted for reimbursement to any other
funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this day of 2001
by who is personally known to me.
Notary Public Notary Stamp
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
M1 ffel ME 9- K �9- •-
I-IMAINISErVINT"i M-1
mm.
I
who, after first being sworn by me, affixed his/her
! ! �Ihe space provided above on this dJ4W
,20—
PUBLIC ENTITY CRIME STATEMI ENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may riot transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list."
A4+ a Oleo
State of Florida
Office of Criminal Justice Grants
Florida
2331 Phillips Road
Tallahassee, Florida 32308
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�8t�QfAvv8rd� v
Project Title: MC}NROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM |V
GraOiNUDlbe[ 2009-JAGC-K4{}NR-1-T7-012
Federal Funds: 844.3O0.UO
State Agency Match:
Local Agency Match: $O.00
Total Project COSt: $44.3OO.00
State Purpose Area: O4A:Community Crime Prevention
CFOANU8lber: 16.738
Award is hereby made in the amount and for the period shown above of a subgrant
under Title | of the Omnibus Crime Control and Safe Streets Act of 1968. P.L. 9O-
351.asamended, and the Anti -Drug Abuse Act of1988.P1.10O-68O.10the above
rnenUOn8dsubgrantee and subject tnany 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 1 D,
Office of Justice Programs, Common Rule for State and Local Governments and A-
87, or OMB Circulars A-1 10 or A-102, as applicable, and A-21, in their entirety. It is
also subject to such further rules, regulations and policies as may be reasonably
prescribed by the State or Federal Government consistent with the purposes and
authorization of P.L. 90-351, as amended, and P.L. 100-690.
Z112 &
This grant shall become effective on the beginning date of the grant period provided
that within 30 it from the date of award, a properly executed Certificate of
Acceptance of Subgrant Award is returned to the Department.
Authorize o Official�.
Clayton H. Wilder
Administrator
M
( ) 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 ofCommissioners
County: Monroe
Chief Official
Name: Mario Di Gennar#
Title:
Mayor
Address:
County Administration Office
11OOSimonton Street
City:
Key West
State:
FL 3]p: 33040
Phone:
305-289-6000 Ext:
Fax:
305-289-6308
Sunoonm:
Email:
boccdis4@monroecounty-fl.gov
Title:
Clerk
Address:
SOOWhitehead Street
City:
Key West
State:
FL Zip: 33040
Phone:
305'292-3550 Ext
Fax:
305-295'3663
Suncomm:
Email:
dkdhaga@monro*-cemk.oum
Application Ref # Section #1 Page 1of2
Contract 2008-JAGC-k8ONR'1-T7-012
nu|oReference 110-eoueocuo'nua(mm.April uuus)
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Implementing Agency
Organization Name: Monroe County Board of Commissioners
Chief Official
Aame: Mario Di Gennar*
Title:
Mayor
Address:
County Administration Office
1100 Simonton Street
City:
Key West
State:
FL Zip: 33040
Phone:
305'289'6000 Ext
Fax:
305-289-6306
Sunoumo:
Email:
boccdis4@monroecounty-fl.gov
Project Director
Na.ne: David Owens
Title:
Grants Administrator
Address:
11OOSimonton Street
City:
Key West
State:
FL 22p: 33040
Phone:
305'292~4482 Ext:
Fax:
386-292-4515
Sonooro:
Email:
owens-david@monroecounty-fl.gov
Application Ref # 2009-JAGC-875 Section #1 Page 2of2
Contract 2009-JAGC-K4ONR-1-T7-012
Rule Reference 1/o-y.00mooJo-0ow(re,. Apm/euos
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Project Title: MONR0EYOUTH CHALLENGE MIDDLE SCHOOL PROGRAM K/
SubgnantReoipient: Monroe County Board ofCommissioners
Implementing Agency: Monroe County Board ofCommissioners
Project Start Date: 10/1/2008 End Date: 9/30/2009
Risk factors.
Monroe County youth show a higher occurrence of risk factors of 55% compared the state average
of5296(Florida Youth Substance Abuse Survey 2OOS). There are many risk factors that may
influence the youth of Monroe which could cause them 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.
Middle School years are often the turning point for youth. Many students drop out ofschool shortly
after ninth grade. Aspike in discipline incidents occurs in grades 7-9. Monroe Youth Challenge
Program (MYCP)believes that targeting these age groups will provide support to avoid risky
behavior.
Monroe County reported the highest level ofrisk for the Family History ofAntisocial Behavior
eoa|m, Middle school students oourod a SO, four points higher than the statewide average of54.
That trend increases etthe high school level. Students with high scores mnthis scale indicated
that their families have a history of antisocial behavior, such as substance use or criminal
behavior. MYCP has implemented a parent program and curriculum to address this deficiency.
Protective factors. Atone time behind the state average, Monroe County'eoverall protective
fmchzm have increased from 45% to48% since MYCF's first year nfinception in 2001 with the most
notable improvement in the areas of Community Domain which had a 7% increase and School
Domain which had e 1096 increase. While K8onroe`saverage increased, both domains saw a
decrease statewide. The fewer assets possessed byayoung person, the more likely they will use
drugs and alcohol or engage in violent acts, as indicated by the graph below.
0'10Aaaets 11'20 21-30 31-40
Nuohu| 45%28%11%396
Violence 82% 3896 18% G%
Illicit Drugs 34%23%11%3%
Capitalizing onthe success ofits programs inhigh schoo|soverdhepuetfouryeara.MYCPhmn
brought programming tVmiddle schools. The services are coordinated bythe MYCPPrevan8ion
Coordinators. These services may be provided by community partners, volunteers, and older
youth facilitators. All programs are executed with the goal of providing opportunities for youth to
develop personal assets and protective factors.
Monroe Youth Challenge Program offers:
Application Ref # 2000-JABC-875
Contract -JAGC-MONR---
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
1) Motivational workshops and Signature Programs which build positive, empathetic relationships
among peers and adults, and increase commitment to ending violence, building tolerance and
"Being anAgent ofPositive Change" These may include professional services, such ee
motivational speaker Daniel Davison, who motivated 1.4OOmiddle school aged youth with his drug
awareness presentation. |talso includes our signature programs like Challenge Day nrour
recently created 8TP (8th Grade Transition Program), Designed by Monroe County High School
students who have benefited from MYCP's Leadership programs, this program seeks to end
school rivalry and bullying for students from middle school as they enter high school. These
events will educate students from all socioeconomic ranges to the real threats of emotional
burdens throughout the school, including racism, violence, bullying, and harassment. These
programs support the development of stronger relationships among students and their peers,
family and community. MYCP signature programs foster alliances through understanding the
common challenges faced by children, Working to strengthen the leadership skills in students that
do not feel included, MYCP searches for students on campus suffering from alienation, who do not
feel connected tothe school. These programs strengthen students' emotional hea|th, redirect
negative 6aotnra, and empower the individuals to overcome obstacles.
2) Parent Network and Parent to Parent Curriculum. The goal of this curriculum is as follows:
Allow parents to create a positive parent culture within their circle of family and friends,
Generate a mutual understanding between school administrators/law enforcement and parents
o||nw|ng us to bmonthe same side,
° Give parents the tools and skills they need toparent effectively, and
° Create anetwork for parents tngain the support they need.
3)Abuse Prevention and Anti -Bullying Peer Educator Trminingo build protective factors and
responsibility to "BE the CHANGE" and model healthy choices for younger peers;
4) Service Learning/Community Service Projects Service -learning is a teaching and learning
strategy that integrates meaningful community service with instruction and reflection to enrich the
learning experience, teach civic responsibility, and strengthen communities;
5)Leadership and Life Skills classes and hainings;and
6) Grassroots coordination with schools, existing law enforcement, juvenile justice agencies, social
service and civic organizations in order to integrate and increase the impact of existing crime
prevention and substance abuse education efforts among pubUc, private and home school
students.
7) Partnerships with other youth agencies to encourage seamless community service projects:
agencies that in the past lacked student involvement have benefited from the organized approach
MYCIP uses with student directed activities and the community has benefited from meaningful
community service projects and the students have benefited from the direct adult supervision,
productive activities, the learning gains as academic approaches have been utilized and an
increased sense ofcommunity awareness.
Application Ref # 2009-JAAC-875
Contract -JAGC'K8ONR'--
Rule Reference I I D-9,006 OCJG-005 (rev. April 2005)
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Section Questions:
Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from
the U.S. Department of Justice?
Answer: No
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
Application Ref # 2009-JAGC-875
Section #2 Page 3 of 3
Contract -JAGC-MONR---
Rule Reference 11 D-M06 OCJG-005 (rev. April 2005)
Florida Department ofLaw Enforcement
Justice Assistance Grant - County -wide
General Performance Info:
State Purpose Area: 04A - Community Crime Preventior
Activity: Community Servic4-
Target Group: Children
Geographic Area: School District
Location Type: School, Middle
Activity:
Community Leader Meetings
Target Group: Children
Geographic Area: School District
Location Type: School, Middle
Activity: Crime Prevention Education
Target Group: Children
Geographic Area: School District
Location Type: School, Middle
Activity: Drug Free Events
Target Group: Children
Geographic Area: School District
Location Type: School, Middle
Activity: Mentoring
Target Group: Children
Geographic Area: School District
Location Type: School, Middle
Application Ref # 2009-JA8C'875
Contract -JAGC-MDNR-'-
Rule Reference 1/D-9o0Vcxs-005(an. Avmoms)
Target Group:
Justice Assistance Grant - County -wide
Activity Description
Recreation Program
Children
School District
School, Middle
1105 Leon Street
Key West , FL 33040
Key Largo School
104801 Overseas
Key Largo , FL 33037
Marathon Middle School
Marathon , FL 33050
90-B Sombrero Road
Marathon , FL 33050
100 Lake Road
Tavernier, FL 33070
Stanley Svvh|ihSchool
34OOOverseas Highway
Marathon .FL33O5U
Sugarloaf School
t-25 Crane Blvd.
Sugarloaf Key, FL 33042
Objective: 04AD1 ' Provide m specified number ofalternative drug -free events. [Alternative
drug -free events would include any participatory event designed to strengthen the
anti -drug message and/or anti -crime mesoagej
Measure: Part
How many alternative drug free events will boconducted?
Application Ref #
Contract JAGC-MONR---
Rule Reference //oe,00wooJo-0omilrew, Anm20ms)
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Goal: 9
Objective: O4A.02'Present ospecified number ofcrime and substance abuse prevention
education classes.
Measure: Part 1
How many crime prevention and substance abuse education classes will be
presented?
Goal: 60
Objective: 04A.03 - Conduct a specified number of life skill development education classes.
Measure: Part 1
How many life skill development education classes will bepresented?
Goal: 40
*bjective: 04A.05 - Conduct a specified number of meetings with community leaders for the
purpose of identifying neighborhood problems/developing proposed
solutions/support groups. Activities should be reported separately from
Neighborhood Watch/Business Watch Programs,
Measure: Part 1
Objective: 04A.09 - Conduct a specified number of community service projects which may
include neighborhood clean-up campaigns,
How many community service projects which may include neighborhood clean-up
campaigns, will beconducted.
Application Ref # 2009JAGC-875
Contract JAGC-MONR---
Rule Reference 11 D-gM6 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: n/a
Question: If "other" was selected for location type, please describe.
Answer: n/a
Application Ref # 2009-J\8C-875
Contract -JAGC-k4ONR---
Rule Reference I I D-9M6 ocJG-0oa<rev. April ums}
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 / Vendor Number: 596000749
Budget:
Budget Category Federal Match Total
Salaries and Benefits $0.00 $0.00 $0.00
Contractual Services
$44,366.00
$0.00
$44,366.00
Expenses
$0.00
$0.00
$0.00
Operating Capital
$0.00
$0,00
$0.00
Outlay
Indirect Costs
$0.00
MOO
$0.00
-- Totals --
$44,366.00
$0.00
$44,366.00
Percentage 100.0 0.0 IOU
Project Generated Income:
Will the project earn project generated income (PGI) 7 No
Application Ref # 2009-JAGC-875 Section #4 Page 1 of 3
Contract 2009-JAGC-MONR-1-T7-
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
Budget
^2MYCPPrevention Coordinators
$2O.OD/hourxapprox. 14hours x52weeks =14.S6D.O0
These part-time coordinators will work with the rn|dd|o school students both at school and in the
community. They will organize prevention education classes, drug -free activities and community
service projects while utilizing community partners and the high school student leaders.
°2-3Administrative Assistants
$2O.00/hourxapprox. 8hours/week x52weeks =8.32O.O0
These less than half time positions maintain the webpeQe.the monthly newe|etter organize the
oomnnunityoutreach noeetingmand create flyers and email blasts. AUoftheeepro'—urtsare
essential to the programs success as it provides the necessary communication to ensure the youth
and our volunteers and community partners participate in our programming.
Expenses:
Professional Fees: $3.546.00
* These assemblies, such as Challenge Day, and substance abuse assemblies, are delivered to
every middle school aged student in the county including private and charter schools and home
schooled students. They carry important messages and are easy toimplement for the schools aa
MYCPdoes all ofthe coordinating.
SERVICES WILL BE PROVIDED PURSUANT TO A CONTRACT BETWEEN MONROE COUNTY
AND THE MDNF\DECOUNTY EDUCATION FOUNDATION.
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Section Questions:
Question: Indicate the Operating Capital Outlay threshold established by the subgrantee.
Answer: 1000.00
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 Byrne program?
Answer: No
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: n/a
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: n/a
Application Ref # 2009-JAGC-875 Section #4 Page 3 of 3
Contract 2009-JAGC-MONK-1-T7-
Rule Reference 11D-9M6 OCJG-005 (rev. April 2005)
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
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 mfthis subgnent.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, oespecified initem 17o/this section.
1. All SubgmantRecipients must comply with the financial and administrative requirements set
forth |nthe current edition ofthe U.S.Department mfJustice, Office mfJustice Programs
(OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance
Grant (JAG) program guidance aswell ae Federal statutea, regulations, policies, guidelines
and requirements and Florida laws and regulations including but not limited to:
0 Florida Administrative Code, Chapter 11D-9, "Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant Program"
e Office of Management and Budget (OMB) Circular A-21 (2 CIFIR 220), "Cost Principles for
Educational Institutions"
e OMB Circular A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal
* OMB Circular A-102, "Grants and Cooperative Agreements with State and Local
a OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and
Cooperative Agreements"
0 OMB Circular A-122 (2 CFR 230), "Cost Principles for Non -Profit Organizations"
0 OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit
0 28 CIFIR 38, "Equal Treatment for Faith -Based Organizations"
a 28 CIFIR 66, "U.S. Department of Justice Common Rule for State And Local
Governments" (Common Rule)
0 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)"
0 Public Law 109-162, Title XI —Department of Justice Reauthorization, Subtitle B—
Improving the Department of Justice's Grant Programs, Chapter I —Assisting Law
Enforcement and Criminal Justice Agencies, See. 1111. Merger of Byrne Grant Program
and Local Law Enforcement Block Grant Program
0 42 U.&C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
o, Allowance for costs incurred under the subgrant shall be determined according to the general
principles ofoUmwabi|ib/ and standards for selected cost items set forth in the [)JP Financial
Guide. U.S. Department ofJustice Common Rule for State And Local Governments and
federal DK4B Circu|arAr87. ''Cod Principles for State, Local and Indian Tribal Governments'',
orOMB Circular A'21."Cost Principles for Educational |nadtudons'
b� All procedures employed in the use of federal funds for any procurement shall be according
to U.S, Department ofJustice Common Rule for 5tehs and Local Governments. or DK8B
Circular 4,11O. or OMB Circular A,1O2. and Florida law Uo be e|igib|efor reimbursement.
SFY20D0 Page
Florida Department of Law Enforcement
a Project Performance Reports — JAG Countywide Only
(1) Reporting Time Fnames:Theeubgnardrecipient shall submit Quarterly Project
Performance Reports brthe Florida Department ofLaw Enhzrcement, hereafter known as
the Department within 31days after the end ofthe reporting period. |naddition, ifthe
subgrant award period is extended beyond the "original" project period, additional
Quarterly Project PerformanceReportsohaUbeaubnnithad.
Failure to submit Quarterly Performance Reports that are complete, accurate and timely
may result in sanctions, as specified in item 17, Performance of Agreement Provisions,
(2) Report Contents� Performance reports must include a response to all objectives included
|nyour oubgnant. Ade(ai|ednaspnnse|yrequinedinthenaxadveporhonforyes/no
performance objectives. The narrative must also reflect onaccomplishments for the
quarter and identify problems with project implementation and address actions being
taken to resolve the problems.
(1) Project Expenditure Reports
(a) The JAG Countywide subgrant recipient shall have a choice of submitting either a
Monthly oraQuarterly Project Expenditure Report kothe Department. Project
Expenditure Reports are due thirty-one (31) days after the end of the reporting
period. In add|tion, if the aubgnant award period is extended. additional Project
Expenditure Reports shall besubmitted,
(b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for
the entire aubgnandperiod.
(c) All project expenditures for reimbursement ofmubgrant recipient costs shall be
submitted onthe Project Expenditure Report Forms prescribed and provided bythe
Office ofCriminal Justice Grants (0CJG)through the SubgnantInformation
Management ON -line (S|K1ON)system,
(d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-
auditandpoat-audit.
(e) Before the ^Mnal"Project Expenditure Report will beprocessed, the oubgnant
recipient must submit to the Department all outstanding project reports and must
have satisfied all special conditions, Failure h}comply with the above provisions
shall result inforfeiture ofreimbursement.
(f) Reports are to be submitted even when no reimbursement is being requested,
(2) The Financial Closeout Documentation shall be submitted to the Department within forty-
five (45) days of the subgrant termination date.
(3) |fapplicable, the eubgnsndrecipient shall submit Quarterly Project Genensted|ncome
Reports to the Department within 31 days after the and of the reporting period covering
subgrant project generated income and expenditures during the previous quarter. If any
PG1 remains unspent after the subgrant ends, 'the subgrant recipient must continue
3FY2DOy Pace 2
Florida Department ofLaw Enforcement
submitting quarterly PG|reports until all funds are expended. (See Item 10.Program
The recipient shall report to the Uniform Crime Report and other reports as may be
reasonably required by the Department.
a, The subgrant recipient shall establish fiscal control and fund accounting procedures that
assure proper disbursement and accounting of subgrant funds and required non-federal
expenditures. All funds spent on this project shall be disbursed according to provisions of the
project budget asapproved bythe Department,
b. All expenditures and cost accounting offunds shall conform kz0JPFinancial Guide, the
Common Rule, and DK8B Circulars A-21. A'87. and A-110. orA-1O2 oaepp|icob|e. in their
/z All funds not spent according to this agreement shall be subject to repayment by the subgrant
The State ofFlorida's performance and obligation topay under this agreement iscontingent upon
anannual appropriation bythe Florida Legislature, Furthermore, the obligation ofthe State cf
Florida to reimburse subgrent recipients for incurred costs is subject to available federal funds.
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent tothe termination date ofthe subgrantperiod. Only project costs incurred onorafter
the effective date and on or prior to the termination date of the subgrant recipient's project are
eligible for reimbursement.
a� JAG Countywide Advance funding shall beprovided hzesubgnantrecipient upon owritten
request tothe Department.
JAG Uirect— The Department shall award program funds to the recipient in a single, lump
sum payment,
8. Trust Funds
a. The unit of local government must establish a trust fund in which to deposit JAG funds. The
trust fund may ormay not beaninterest bearing account.
b. The account may earn interest, but any earned interest must beused for program purposes
and expended before the subgrant end date.
S. Travel and Training
The cost ofaUtravel shall bereimbursed according tothe aubgnan1recipient's wh�en�ave|
policy, |fthe subgnantrecipient does not have ewritten travel po|icy, cost ofall travel will be
3FY2OOQ Race
Florida Department of Law Enforcement
a. All income generated asadirect result ofasubgnardproject shall bedeemed program
income.
b. Any project that will potentially earn PG1 must submit an Earnings and Expenditures Report
toreport how much P0was earned during each quarter, Areport must besubmitted each
quarter even ifnoPG|was earned orexpended.
c. PG|expenditures require prior written approval from [CJG.Program income must be
used for the purposes of and under the conditions applicable to the award, If the costis
allowable under the Federal grant program, then the cost would be allowable using
program income.
d, Program income should beused aoearned and expended aasoon ospossible. Any
unexpended PG| remaining at the end of the Federal grant period must be submitted to
OCJG for transmittal toBJA.
The Department shall review and approve in writing all consultant contracts prior to employment
of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs)
for aneight-hour day. 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 of the subgrant recipient agreement does not constitute approval of
consultant contracts. |fconsultants are hired through acompetitive bidding process (not sole
aounoe).the $45Othreshold does not apply,
a. The subgrant recipient agrees to use all non -expendable property for criminal justice
purposes during its useful |ifeordispoaeofitpumuenttnFS274�
The subgnantrecipient shall establish and administer system to protect, preserve, use,
maintain and dispose of any property furnished to it by the Department or purchased
pursuant to this agreement according to federal property management standards set forth in
the 0JP Financial Guide, U.S. Department of Justice Common Rule for State and Local
Governments orthe federal OMB Circular A-110urA,1O2.00applicable, Thiaob|igahon
continues as long aathe subgnentrecipient retains the propedy, notwithstanding expiration of
this agreement.
13. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed by the terms of the OJP Financial Guide (as
amended), and the U,S. Department of Justice Common Rule for State and Local Governments,
urthe federa|OMB Circular A-11OorA-1O2.amapplicable.
14.Copyhght
The awarding agency reserves a royalty -free non-exclusive, and irrevocable license to reproduce,
pub|inh, or otherwise use, and authorize others bz use. for Federal government purposes:
2. The copyright in any work developed under an award or subaward, and
3FY2DOg Page 4
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Florida Department of Law Enforcement
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership
with support funded under this grant agreement.
The subgrant recipient shall submit for review and approval one copy of any curricula, training
materka|s, or any other written mebaha|a that will be pub|ished, including web -based materials and
web site content, through funds from this grant at least thirty (30) days prior to the targeted
dissemination date.
All materials publicizing or resulting from award activities shall contain the following statements:
"This project was supported byAward No. [contact OCJG for award number] awarded bythe
Bureau nfJustice Assistance, Office ofJustice Programs. The opinions, findings, and
conclusions orrecommendations expressed |nthis pob|inadon/progrem/exhibiUonare those of
the author(s) and do not necessarily reflect the views of the Department of Justice."
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-1 33 and other applicable federal law. The
contract for this agreement shallbe 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 FS
11.45.^Definihuna;duties; author|des�reports; ru|es.";FS216A7."Florida Single Audit Aot';
and Rules of the Auditor General, Chapter 1 O� 550, "Local Governmental Entity Audits" and
Chapter 1O.G5O."Florida Single Audit Act Audits Nonprofit and For -Profit Dnganizatiuno,^
b. Acomplete audit report that covers any portion ofthe effective dates ofthis agreement must
be submitted within 30 days after its completion, but no later than nine (9) months after the
audit period. |norder b)becomplete, 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,
u The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate corrective action within six (6) months of the
issue date of the audit report in instances of noncompliance with federal laws and
e. The subgnentrecipient shall ensure that audit working papers are made available tothe
Department, or its designee, upon request for a period of three (3) years from the date the
audit report is ianued, unless extended in writing by the Department.
f. Subgrant recipients that expend less than $500,000 in Federal awards during a fi1scal year
are exempt from the audit requinsmenbsofOB��Circular A,133for that �sos|yea� in 'this
case, vvh�ennod�msdon.whichcan beinthe form ofthe "Certification ofAudit Exemption"
fonn, shall be provided to the Department by the Chief Financial Officer, ordesignee. that the
aubgrantrecipient iaexempt. This notice shall beprovided tothe Department nolater than
March 1 following the end ofthe fiscal year.
SFY2DOQ Page
Florida Department of Law Enforcement
g. If this agreement is closed out without an audit, the Department reserves the right to recover
any disallowed costs identified inanaudit completed after such closeout.
h. The completed audit report or written notification of audit exemption should be sent to the
following address:
Florida Department of Law Enforcement
Office ofCriminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 323O8
In the event of default, non-compliance or violation of any provision of this agreement by the
mubgnsntmyoipient. the subUrantrecipient's consultants and Suppliers, or both, the Department
shall impose sanctions it deems appropriate including withholding payments and cancellation,
termination, nrsuspension ofthe agreement |nwhole urinpart. |nsuch event, the Department
shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of
such sanction. The subgoantrecipient shall bepaid only for those services satisfactorily
performed prior to the effective date of such sanction,
18. Commencement of Project
a. |foproject is not operational within 60 days of the original start date of the award period, the
subrecipient must report by letter to the Department the steps taken to initiate the project, the
reasons for delay, and the expected start date.
b� If project is not operational within 00 days of the original start date of the award period. the
subrecipient must submit a second statement to the Department explaining the
implementation delay.
c. Upon receipt of the ninety (90 day letter, the Department shall determine if the reason for
delay is justified or shaU, at its discsdiVn, unilaterally hanninaba this agreement and re -
obligate subgrant funds to other Department approved projects, The Department, where
warranted by extenuating circumstances, may extend the starting date of the project past the
ninety (BO) day period, but only byformal written adjustment tothis agreement,
19. Excusable Delays
Except with respect to defaults of consultants, the subynsnt recipient shall not be in default by
reason ofany failure inperformance ofthis agreement according hoits terms (including any
failure by the subgrant recipient to make progress in the execution of work hereunder which
endangers such performance) if such failure arises out of causes beyond the control and
without the fault or negligence of the subgnsnt recipient. Such causes inoiude, but are not
limited to, acts of God or of the public enemy, acts of the government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embangoem, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of 'the subgrant recipient.
L. If failure to perform is caused by failure of a consultant to perform or make progress, and if
euchtai|unsahaesoutofcauoeobeyondtheconbz|ofsubgnsntnecipientond�onsu/bant.ond
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 Uhe consultant were obtainable fnznl other
SFY2O0A Page 6
Florida Department of Law Enforcement
(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order,
c. Upon request ofthe aubgnantrecipient, the Department shall ascertain the facts and the
extent of such failure, and if the Department determines that any failure to perform was
occasioned by one or more said causes, the delivery schedule shall be revised accordingly.
a� Subgnantrecipients must obtain prior approval from the Department for major substantive
changes such as changes in project activities, target populations, service providers,
implementation aohedu|es, project director, designs or research plans set forth in the
approved agreement and Per any budget changes that will transfer more than '10% of the total
budget between budget categories,
b. Subgrant recipients may transfer up to 10% of the total budget between 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,
a. The Department shall make its decision in writing when responding to any disputes,
disagreements or questions of fact arising under this agreement and shall distribute its
response to all concerned parties. The subgrant recipient shall proceed diligently with the
performance ofthis agreement according tothe Department's deo/aion-
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk (agency clerk), The
subgrant recipient's right to appeal the Department's decision is contained in Chapter 120,
Florida 3tatubaa, and in procedures set forth in Rule 28-106.104. Florida Administrative Code,
Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter
120, Florida Statutes.
22. Conferences and Inspection of Work
Conferences may beheld atthe request ofany party tothis agreement. Ajany 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.
a. The Deportment 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
nepnasenbsUvea, shall have access to bnoke, doouments, papers and records of the aubgcsnt
reoipient, implementing agency and contractors for ,he purpose ofaudit and examination
according to the Financial Guide and theCommon Ru|e.
b. The Department reserves the right ',,a unilate-Oy terminate this agreement if the subQrant
reoipient, imp|ementing agency, orcontractor rafusestoaUow public access ivall documents.
papers, letters. ar other ma�enals subject to provisions of Chapter 119. Florida Statutes, and
SFY2OOQ Paae 7
Florida Department of Law Enforcement
made or received by the subgnantrecipient orits 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.
The subgnantrecipient shall maintain all records anddooumenbsforaminimumofUhree(3)years
from the date of the final financial statement and be available for audit and public disclosure upon
request ofduly authorized persons,
25. Signature Authority
The SUbgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency ()Mioio|. Administrator orDeeignoted RepreoantaUve, who sign the Signature Page, havo
the authority tnrequest changes iothe approved agreement. The prior mentioned individuals
have authcnty to sign or make amendments to the Sole Source, ADP Justification and tile
Privacy Certification forms. The Project Director has authority kzsubmit requests for approval of
specific travel, and Performance Repurta, with the exception of the Financial and Closeout
Package, which also requires the signature by the Chief Financial Officer of the Subgrant
Recipient orauthorized designee,
When the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief officer or elected official must submit to the
Department a letter or resolution indicating the person given signature authority, The letter
indicating delegation of signature authority must be signed by the chief officer urelected official
and the person receiving signature authority, The letter must also specify the authority being
delegated.
27.Personnel Changes
Upon implementation of the project, in the event there is o change in Chief Executive Officers for
the Subgrantrecipient or Implementing Agency, Project Director, or Contact Person. the
Department Must be notified in writing with documentation to include appropriate signatures,
Whenever a background screening for employment or a background security check is required by
law for employment, unless oUhemviae provided by |aw, the provisions ofChapter 435. Florida
Statutes shall apply,
e. All positions in programs providing care to children, the developmentally disabled, or
vulnerable adults for 15 hours or more per week, all permanent and temporary employee
positions of the central abuse hotline; and all persons working under contract who have
access to abuse records are cleerned to be persons and positions of special trust or
responsibility and require employment screening pursuant to Chapter 435, F S..using the
level 2standards set forth in'that chapter,
bAt': employees in positions designated by law as positions of trust or responsibility shall be
required to urdergo security background investigations as a condition of employment and
continued employment. For the purposes of the aubseo\ion, security background
inweabgationoshaU include, but not be limited to, employment history checks, fingerprinting
3FY20D0 Page 8
Florida Department of Law Enforcement
for all purposes and checks inthis 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 in such investigation or refuses to submit fingerprints shall be
disqualified for employment in such position or, if employed, shall be dismissed,
(2) Such background investigations shall be conducted at the expense of the employing
agency oremployee, When fingerprinting isrequired, the fingerprints ofthe employee
orapplicant for employment shall betaken bythe employing agency orbyan
authorized law enforcement officer and submitted tothe Department ofLaw
Enforcement for processing and forwarding, when requested by the employing agency,
hzthe 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,
ADrug Court Project must comply with FS3Q7334.^Treabnent-BasedDrug Court Pmgrame.^
Prior to obligating funds from this award to support overtime by law enforcement officers, the U-S.
Department of Justice encourages consultation with all allied components of the criminal justice
system inthe affected jurisdiction. The purpose o[this consultation iskzanticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
21. Criminal Intelligence System
The subgrant recipient agrees that any information technology system funded or supported by
OJP funds will comply with 28 C,F.R. Part23. Criminal Intelligence Systems Operating Policies, if
OJPdetermines this regulation to be applicable. Should DJP determine 28 C.F.R. Part23 to be
app|iomb|e. DJP may, at its dianreUnn, perform audits ofthe eystem, as per 28 C,F,R. 2120(g),
Should any violation of 28 C.F.R. Part23 oocur, the recipient may be fined as par42 U�&C.
378Qg(n)-(d).Recipient may nntsatisfy Such afine wiihfederal funds.
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth in the
effective edition of OJP's Financial Guide is required from all projects that are involved with
confidential funds. The signed certification must besubmitted at the time ofgrant application,
Federal laws prohibit recipients of financial assistance from discriminating on the basis of
race, co|or, national origin. reiigion, sex, dissbi|ity, or age in funded programs or activities. All
eubgrantrecipients and implementing agencies must comply with any applicable statutorily -
imposed nondiscrimination requirements, which may include the Omnibus Crime Control and
Safe Streets Act of1QG8 (42 U.��C, § 3788d): the Victims nfChmeAct (42 U.&C, §
10GO4(e))�The Juvenile Justice and Delinquency Prevention Act of2OO2(42U.&C, §
5872(b));'the Civil RightaAct of18S4(42U.S.C.@2OOOd);'he Rehabilitation Act of1B73(2R
U�S.C. §7Q4):'the Americans with Disabilities Act of1QAO(42US.[�, §12131-34);Uho
EduoadonAmendms�sof1Q72 (20 U8.C. §§1681. 1683. 1885-8G); the Ace DiSonminodon
3FY200Q Paqe 9
Florida Department of Law Enforcement
Act of1Q75(42U,&C� §§G101-O7);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, /\aubgnantrecipient orimplementing agency must develop anEEO Plan if ithas SOormore
employees and it has received any single award of $25,000 or more from DOJ. The plan
must beprepared using the on-line short form at
http://wyxm.ujp.usdoigov/aboubbor/eeop_comp|y.htm, must be retained bythe subgnant
recipient or implementing agency, and must be available for review or audit The
organization must also submit anEEO Certification (nFDLE
u. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has
received any single award o[05OU.00O or more from UOJ, itmust submit its plan to DOJ for
approval. Acopy ofthe OOJapproval letter must besubmitted bzFDLE. The approval letter
expires two years from the date ofthe letter.
d A SUbgrant recipient or implementing agency is exempt from the EEOP requirement if it is
has fewer than 50 employees or if it does not receive any single award of $25,000 or more
from D0J or|fitina nonprofit organization, a medical or educational in»biudon, or an Indian
Tribe, III onorganization iaexempt from the EEUPrequirement, itmust submit anEEO
Certification toFOLE.
e. The oubgrardrecipient and implementing agency acknowledge that failure to comply with
EEO Requirements within 60 days of the project start date may result in suspension or
termination of funding, until such time as it is in compliance,
t |nthe event aFederal orState court ofFederal 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
ufthe finding tothe Office for Civil Rights, Office nfJustice Programs,
34. Americans with Disabilities Act
Gubgruntrecipients must comply with the requirements cf the Americans with Disabilities Act
(\OA). Public Low 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 |), otek* and local government services and transportation (Title U), public accommodations
(Title 111), and telecommunications (Title IV).
No public funds will intentionally be awarded to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U3.C. Section 1324a(e).Section 274A(e)ofthe Immigration and Nationality Act (^|NA^) The
Department shall consider the employment by any contractor of unauthorized aliens a violation of
Section 274A(e) of the |NA. Such violation by the oubgrant recipient ofthe employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of
this contract bythe Department.
JG. National Environmental Policy Act (NEPA)
The subgrant recipient agrees to assist FDLE in complying with the NEPA and other re!a1ed
iedens|environmenta|impactana|ynesraquiromenta|ntheuseofsubgnanLlundmbythe
aubgoantrecipient.This app|ies tothe fo||mwingnew activities whether ornot they are being
specifically funded with these subgnantfunUS. That is, it applies as long as the activity is
beingconducbadbytheeubgnanLnaoipientoranythirdpahyondtheactivib/needub)be
under�akeninorder touse these mubgnsntfunds,
SFY2ODQ Po0e1O
Florida Department of Law Enforcement
(1) New construction:
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on
the National Register ofHistoric Places or located within a 100-yearMood plain;
(3) A renovahon, leaue, or any other proposed use of building or facility that will either (a)
result in a change in its basic prior use or (b) significantly change its size; and
(4) Implementation of a new program involving the use of chemicals other than chemicals
that are (a)purchased oeanincidental component ofafunded activity and (b)
traditionally used, for example, in of5ce, househn|d, neoreadona|, or educational
environments,
b, For any ufo oubgnard recipient's existing programs or activities that will be funded by these
aubgnanLe. the uubgnanL recipient, upon specific request from the Department and the U.S,
Department ofJustice, agrees tocooperate with DDJ in any preparation by DOJ of national
orproguanoenvironmental assessment ofthat funded program oractivity,
The subgnantrecipient agrees hzcomply with Executive Order 1254Q.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 debarred, suspended,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless
authorized bythe Department. |fthe subgrentis$1O0.00Uormore, the nubQnantrecipient and
implementing agency certify that they and their principals:
e. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded
from covered transactions byany Federal department oragency;
b� Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection
with obLain|nS, attempting to obtain, or performing o public (Federal, Gtsie, or local)
transaction or contract under a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of
records, making false statements, or receiving stolen property*
c. Are not presently indicted for cxotherwise criminally cncivilly charged by a governmental
entity (Federal, Sbaba. or |ooe|) 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.
38. Federal Restrictions onLobbying
a, Each aubgrantrecipient agrees tocomply with 28CFRPart 88."New Restrictions on
LobbyinQ^andshaU5|ethamnstrurrenieditionofiheCerh5oadonAndDioc|onunsFonn.it
applicable. with each submission that in|Uo&as consideration of such subQnantrecipient 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 of this certification is a prerequisite to entering into
SFY2OO9 Page 11
Florida Department of Law Enforcement
this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United
States Code, Any person who fails to file the required certification is subject to a civil penalty
ofnot less than $1O.00Oand not more than $1OO.00Ofor each failure hzfile,
c. As required by Section 1352, Title 31 of the U.S. Code, and implemented sd28 CFR Part 69.
for persons entering into a grant or cooperative agreement over $100,000, as defined at 28
CFRPart G0.the applicant cerhMes\hat
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, kzany person for influencing orattempting toinfluence anofficer or
employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement, and the exhsnsion, oonbnuedon,
nanevvai amendment, or modification of any Federal grant or cooperative 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, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with this Federal grant or cooperative agreement,
the undersigned shall complete and submit Standard Form -LLL."Disclosure of
Lobbying Activities," in accordance with its instructions-,
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subgrants, contracts under
grants and cooperative agreements, and subcontracts) and that all sub -recipients shall
certify and disclose accordingly.
In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose
of lobbying the legislature or 2 state agency is prohibited under this contract.
4O'Additional Restrictions nnLobbying
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.
Funds from this award may not beused tooperate a^ program inany local jail.
Furthermore, nofunds may begiven tolocal jails that operate ^poy-bo-stay^programs. "Local
joi|^, as referenced in this oondidon, means an adult facility or detention center owned end/or
operated by city, county, or municipality. It does not include juvenile detention centers."Pay-to-
stay" programs as referenced inthis condition, means program by which extraordinary services,
amenities and/or accommodations, not otherwise available to the general inmate popu|ation, may
be provided, based upon as offender's apparent ability to pay, such that disparate conditions of
confinement are created for the same or similar offenders within a jurisdiction,
42, Mitigation ofHealth, Safety and Environmental risks dealing with Clandestine
|NethennphetaminmLaboratohes
If an award is made to support rnetharnphetarnine laboratory operations the subgrant recipient
must comply with this condition, which provides for individual sibsenvinonmenta|
assessmienVirn pact statements as required under the National Environmental Policy Act.
SFY2000 Page/2
Florida Department of Law Enforcement
General Requirement: The nubgoantrecipient agrees hrcomply with Federal, State, and
local environmental, health and safety laws and regulations applicable iothe investigation
and closure of clandestine methamphetamine laboratories and the removal and disposal of
the chemicals, equipment, and wastes used in or resulting from the operation of these
laboratories.
Specific Requirements: The subgrant recipient understands and agrees that any program or
initiative involving the identification, seizure, or closure of clandestine methamphetamine
laboratories can result in adverse health, safety and environmental impacts to (1) the law
enforcement and other governmental personnel involved; (2) any residents, occupants,
users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory
site's immediate and surrounding environment of the site(s) where any remaining chemicals,
equipment, and waste form o seized laboratory's operations are placed or come to neat,
Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible
adverse health, safety and environmental impacts from any ofclandestine
meihemphehamineoperations funded under this awend.itw|U(1)indudethen|ne.be/ow
listed protective measures orcompunenh»� (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 aubgxanL |nsndoing, the subgrant
recipient understands that it may implement these protective measures directly through the
use of its own resources and staff or may secure the qualified services of other agencies,
contractor 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 to remove all chemicals and associated
glassware, equipment, and contaminated materials and wastes from the site(s) of each
seized clandestine |abu/atory�
(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
aUowab|e, properly licensed recycling facilities;
(7) Monitor the transport, disposal, and recyckrig components of subparagraphs 5. and 6.
immediately above inorder tnensure proper oomp|ianoe�
(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 porty, property owner, or others to
ensure that any residual contamination is remediakad, if necessary, and in accordance
with existing State and Federal requirements�and
SFY2009 Page13
Florida Department of Law Enforcement
(S) Have hnplace and implement a written agreement with the responsible state orlocal
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 tothe potential health needs ofany 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 vio|etiuna� (iii) ensure immediate medical testing for
methemphetamine toxicity; and (iv) arrange for any follow-up medical teats.
examinations, or health care made necessary as a result of methamphetamine toxicity,
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil RightsAotof
1964. 42 U&C. § 2000d. recipients ofFederal financial assistance must take reasonable steps hz
provide meaningful access to their programs and activities for persons with limited English
proho|enoy(LEP), For more information on the civil rights responsibilities that recipients have in
providing language services ho LEP ind|viduo|s, please see the websiba at
The subgranhee will comply and assure the compliance of all contractors with the provisions of
the Coastal Barrier Resources Act (p.L 87-348) dated October 19. 1982 (16 USC 3501 ntseqj
which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier
Resources System.
45. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
Have anadequate process toassess the impact ofany enhancement ufoschool security
measure that is undertaken on the incidence of crime in the geographic area where the
enhancement iaundertaken.
Conduct such anassessment with respect hneach such enhancement; and, submit tothe
Department the aforementioned assessment inits Final Program Report.
48. Environmental Protection Agency's (EP/\)list ufViolating Facilities
The subgrantee assures that the facilities under its ownership, lease or supervision which shall be
utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating
Facilities and that it will notify the Department of the receipt of any communication from the
Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is
under consideration for listing bythe EPA.
The subgnanbaewill comply with Section 1O2(a)ofthe Flood Disaster Protection Act of1Q73.
Public Low 93-234. 87 Sbat, 975. requiring that the purchase of flood insurance in communities
where such insurance is available as a condition of the receipt of any federal financial assistance
for construction or acquisition purposes for use in any area that has been identified as an area
having special flood hazards.
It will assist the Department (if necessary) in assuring compliance with section 106 of the National
Historic Preservation Act uf1ASS(16U&C, §47O).Ex. Order 11GQ3(identification and
SFY2O0g PaQe 14
Florida Department of Law Enforcement
protection of historic properties), the Archeological and Historical Preservation Actof1874(18
U,S.C. §46Da-1etseqj.and the National Environmental Policy Act of1Q80(42U.S,C�§4321),
The subgrant recipient will comply and assure the compliance of all contractors, with the
applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Actof1QG8.as
amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as
appropriate, the provisions of the current edition of the Office of Justice Program Financial and
Administrative Guide for Grants; and all other applicable State and Federal |avvs. orders.
circulars, or regulations.
50. Public Safety Officers' Health Benefits Provision
The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits
Provision of the Fiaom| Ymor2OO2. Departments of Commerce, Justice, and State, the Judiciary.
and Related Agencies Appropriations Act (Pub, L. No. 107-77)and agrees to remain in
compliance during the life ofthe grant. This provision requires that the unit oflocal government
which employs a public safety officer (as defined by Section 1204 of Title I of the Ornnibus Crime
Control and Safe Streets Act of 1968. as amended) to afford such public safety officer who retires
or is separated from service due to injury suffered as a direct and proximate result of a personal
injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as
such terms are defined by State law) with the same or better level of health insurance benefits at
the time of retirement or separation as the officer received while employed by the jurisdiction. If
the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award
amount must be returned tothe grantor.
51. Human Research Subjects
Grantee agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice
Programs policies and procedures regarding the protection of human research auLjeuts, including
obtainment ofInstitutional Review Board approval, if appropriate, and subject informed consent.
52, National Information Exchange Model specifications
To support public safety and justice information sharing, OJP requires the grantee to use the
National Information Exchange Model (N|EK4) 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 condition, visit http�//www.niem.gov/implementationquide.php.
The oubgnantrecipient agrees tocomply 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 bemonitored byBJX
54. Privacy Certification
The subgrant recipient 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, amocondition ofgrant approval, tosubmit aPhvocy
Certificate that is in accord with requirements of28 C.F.R. Part22 and, in particular, section
2223.
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Florida Department of Law Enforcement
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 iatofacilitate communication among local
and state governmental entities regarding various information technology projects being
conducted with these grant funds. In addibon, the recipient agrees to maintain an administrative
file documenting the meeting ofthis requirement, For alist ofState Information Technology
Points ofContact, go to
56. Interstate Connectivity
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
jurisdictions, such systems shall employ, to the extent possible, existing networks as the
communication backbone to achieve interstate oonnecdnity, unless the aubgront recipient 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.
57. Supplanting
The recipient agrees that federal funds under this award will be used to supplement but not
supplant state or local funds.
58. Conflict of Interest
The subgnsntrecipient and implementing agency will establish safeguards huprohititemployeem
from using their positions for a purpose that constitutes or presents the appearance of personal or
organizational conflict ofinterest, orpersonal gain,
59. Uniform Relocation Assistance and Real Property Acquisitions Act
The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance
and Real Property Acquisitions Act of1Q7D (42 U,S.C, § 4601 etseqj. which govern the
treatment of persons displaced as a result of federal and federally -assisted programs,
60. Limitations on Government Employees Financed by Federal Assistance
The subgnantrecipient will comply with requirements of5U�S,C. §§15O1-00and §§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.
The grantee agrees to comply with the applicable requirements of 28 C,F.R. Part 38. the
Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the
"Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department
of Justice arant awards of direct funding may not be used to fund any inherently religious
acUvities, such as worship, religious inatruodon, or prose|ytizadon, Recipients of direct grants may
still engage in inherently religious activities, but such activities must beseparate intime orplace
from the Depar,ment of Justice funded program, and participation in such activities by individuals
receiving services from the grantee or sub -grantee must be voluntary. The Equal Treatment
Regulation also makes clear that organizations participating in prcarams directly funded by the
Department ol Justice are not permitted to discriminate in the provision of services on the basis of
.9beneficiary's religion,
SFY20DQ Page 16
Recipient Name and Address: Monroe County Board of County Commissioners; 1100 Simonton Street; Key West, FL 33040
Grant Title: Monroe Youth Challenge Middle School Program Grant Number: 2�0_09-JAGC-875 Award Amount: 44,366.00
Contact Person Name and Title: David P. Owens, Grants Administrator Phone Number: (305) 292-4482
Federal regulations require recipients of Financial assistance from the Office of
Justice Programs (OJP), its component agencies, and the
Office of Community Oriented Policing Services (COPS) to prepare, maintain on File, submit to OJP for review, and implement an Equal
Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of
the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they
do not need to submit the EEOP to Ojp for review. Recipients that claim a complete exemption from the EEOP requirement must
complete Section A below, Recipients that claim the limited exemption from the submission requirement, must complete Section B
below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants,
please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on rile (if applicable) has been
prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs,
U.S. Department of Justice, 810 Vh Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307-
2690 or TTY (202) 307-202T
Section A- Declaration Claiming COM1,31ete Exemption from the EEOP Requirement. Please chec7k70=7""="="m*='0=
apply.
11 the boxes that
0 Recipient has less than 50 employees,
0 Recipient is a non-profit organization,
0
0
Recipient is an Indian tribe,
Recipient
11 Recipient is a medical institution,
0
is an educational institution, or
Recipient is receiving
an award less than $25,000
(responsible official], certify that
[ent] is prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. 1 further
recipicertify that not required to
(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 B- 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 subaward for $25,000 or more, but less than $500,000,
then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305):
1, Roman Gastesi, County Administrator (responsible Official], certify that
the Monroe County Board of County Commissioners frecipienti,whih has 50 or more
employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000,chas formulated an
EEOP in accordance with 28 CFR §42.301, elseq., subpart E. I further certify that the EEOP has been formulated and
signed into effect within the past two years by the proper authority and that it is available for review, The EEOP is on File in
the office of, Monroe Coun!y EEO Coordinator
at ' 1100 Simonton Street, Key West, FL 3304 forganizationl,
laddress,for review by te pu
employees or for review or audit by officials of the relevant state planning agency or the Office(
for Civil Rights,hOfficbelic ofand
Justice Programs, U. S. Department of Justice, as required by relevaqws and regulations.
Roman Gastesi, County Administrator
Print or type Name and Title
Signature "` Date
OMB Approval No, If 21-0140 Expiration Date: 01/31/06
RESOLUTION C�1O. K-L a - 2003 Budget and Finance
a • E if •0011
ii
� � • • i♦• a ♦ a ry a • * •a
FloridaWHEREAS, the Department of
Fiscal Year ti• funding cycle of ! • Byrne Memorial
• . and
WHEREAS, on July 16, 2008, the Monroe County Board of Commissioners
agreed to serve as the coordinating unit of government in the preparation of the gran
proposals and in the distribution of funds allocated to Monroe County in amount
$44,3•• ii additional '�i ii -f (total ! i•• ii !
concernWHEREAS, the Monroe County nce Abuse Policy Advisory Board, with
! ! • ! ii #efforts,recommended
programs funding toprovide the community
alcohol education, prevention, and now
BE • E BY THE %•a'i OF ij COMMISSIONERS
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.Ye 2609 grant funds to the Florida
Department of Law Enforcement EdWar&Byrhe Memorial Justice Assistance
Grant (JAG) Program,. and that., � ,
3. This resolution shall become effectiveimrrjsdi'at'ely upon adoption by the
Board of County Commissioner,s,and exe'cutipn by the Presiding {officer and
Clerk. _
Icso
PASSED AND ADOPTED by the Board'of County Commissioners of M� C t
y,
Florida, at a regular meeting of said beard hpid a't1{the 16t" day of July, 1 :, 20087
i µ
Mayor Di Gennaro .. _,.a..,
Mayor Pro Tern McCoy Yes
Commissioner Murphy Yes _
Commissioner Neugent Yes c�'+
Commissioner Spehar Yes
(Seal) DANNY L. KCAL GE' Clock Monroe G unty Boar lofommissioners
Atte t: r i - - -
C erk of Court
r • * AS
FORM:
UHHISTINE M. LIMBERT-BARROWS
ASSISTANT CO UNITY ATTDate
ORNEY
This COPY is 11 T101 COPY o. the 'Witness
original andOn ile in (3gtic%iSflffis+�•
�7
day of
This
List COIAA
D.C.
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
|nwitness whereof, the parties affirm they each have read and agree hothe 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,
whiteout, etc. are not acceptable.
State of Florida
Department
Signature:
Typed Name and Title:
Oebs: S� .1
S
_ ..
`
Authorizing -Official_ of Governmental —_Unit .
(Commission Chairman, Mayor,or Designated '
Typed Name of Suj iynt Moproo County Board of County Commissioners
Typed Name and Title: Roman Gastesi, County Administrator
Implementing Agency
Official, Administrator ^natedRepresentatve
Monroe County Board of
_Agency: Co
TypodNam�of|
Typed Name and Title: Roman Gastesi County Administrator
Data:
Application Ref # 2009JAGC4875
Section #6 Page 1 of
Contract -JAGC-iNONR---
Ru/oReference ,1o'e0000cJonns(rev.April 20me)