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Item C21BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Staff Contact Person: David P. Owens I pis flimms W� SAW milmilmut NOW 0�0-Awfiffli 111 "004 -3 "*Olrllml Up IN Edward Byrne Justice Assistance Grant Program. ; a-- We- - A- m- - WEDIANNIUS M12011MIWIMP-11 MIT 141ml NO Im"T IN6.3 and makes recommendations to BOCC for local funding of programs. I 1! 0 *$W& flz - millmill". NO 101011 MWA I - No IVA is also on today's agenda. CONTRACT/AGREEMENT CHANGES: New contract; however, this program has been funded in prior years under similar contracts. lumglgmm• it i I �—*M TOTAL COST: $50,000.00 BUDGETED: Yes Z No R COST TO COUNTY: 0.00 SOURCE OF FUNDS: n/a REVENUE PRODUCING: Yes R No Z AMOUNT PER MONTH YEAR APPROVED BY:COUNTY ATTyRCHASING R RISK MANAGEMENT ❑ qf OM uI DOCUMENTATION: INCLUDED: Z NOT REQUIRED: [I DISPOSITION: AGENDA ITEM #: MONROELE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Law Effective Date: 10/01/08 Enforcement Expiration Date: 9/30/09 Contract Purpose/Description: Funds provided through FIDLE 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.) KUJRM, 1111111KIRM19912111 Ruip-1 �_, : 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 F1771117 Justi ce 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, — — - - --- - ------ --------- ----- - ---- --------- ---- --------- ---- ___ - ------ ------- --- ---- ----- I-T 1* *10 11 0-ITT" a W 0 1 Changes 'i '­/Reviwer Date Out Date In Needed Division Director 21,,0Yesn No[D< Risk Mana menu A Yesn No I, ig 0. M. B./P as n g u rc YesF1 No County Attorney 4ALAP Yes[:] Nod, so� NIL+, PYVILI,J) 1L_JL4M • Flanda Department of Office ofCriminal JusticeGraMis Charllie Cdst,Gov(,�,mor LawEnforcement Post Office Box 148Q Bill N1oCo||um,AbomeyGenena| TaUehaesae.F|orida323O2-1488 A}exSink.Ch|ofF|nancia|Of|car Gora|dM,Bailey (850)617-1258 Char|eyH, Bronnon.Commiaa|onmrofAghnu|"ure REp�|V�O �Ep 0���O �~~/« RECEIVED ~°°° ~~��`~ T AUG��0� ' ^"� _ ^ �""° 190 IT] IMF re Mayor Monroe County Board 0fCommissioners County Administration Office 1100 Simonton Street Key West, F[ 33040 The Florida Department of Law Enforcement is pleased to award an Edward Byrnza-- Memorial Justice Assistance Grant to your unit of government in the amount of $ 44,366.00 for the project entitled, MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM IV. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. Changes wer made to these conditions after your application was received in this office. Therefor these Standard Conditions should be reviewed carefully by those persons responsib for project administration to avoid delays in project completion and costs The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to The Honorable Mario Di Gennaro Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at 850/617-1250. Sincerely, Clay4tn H. Wilder Administrator NNEWOU" • State of Florida Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2009-JAGC-MONR-1-T7-012, in the amou of $ 44,366.00, for a project entitled, MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM IV, for the period of 10/01/2008 through 09/30/2009, to be implemented in accordance with the approved subgrant application, and subject t the I Florida Department of Law Enforcement's Standard Conditions and any speci conditions governing this subgrant. (Signature of Subgrantee's Authorized Official) Mario DiGennaro, Mayor (Typed Name and Title of Official) Monmip Crmnt%,, Board of Cat in (Name of Subgrantee) (Date of Acceptance) State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Federal Funds: $44,3G8.00 State Agency Match: Local Agency Match: $O.00 Total Project Cost: $44.306.00 State Purpose Area: 04A: Community Crime Prevention CFDANUnnber: 18.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351, as amended, and the Anti -Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D, Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars A-1 10 orA-102, as applicable, and A-21, in their entirety. Itis also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. 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 Offlo|a! Name: Mario D|Gennunu Title: Mayor Address: County Administration Office 110]Simonton Street City: Key West State: FL Zip: 33040 Phone: 385-289-6000 Ext: Fax: 305-289'8306 Suncomm: Email: boccdis4@monroecounty-fl.gov Name: DannyKohage Title: Clerk Address: 50OWhitehead Street City: Key West State: FL 2]p: 33040 Phone: 305'292'3550 Ext Fax: 305-295-3663 Sunuono: Email: dko|hmgm@monnoa'derk.com Application Ref # 2009-JAGC-875 Section #1 Page of Contract 2009-J\6(>MONR-1'T7-012 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: • 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 Suncom: Email: boccdis4@monroecounty-fl.gov Project Director Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: ovens-david@monroecounty-fl.gov Application Ref # 2009-JAGC-875 Section #1 Page 2 of 2 Contract 2009-JAGC-MONK-1-T7-012 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Florida Department of Law Enforcement Justice Assistance Grant - County -wide General PInformation Project Title: MONROEYOUTH CHALLENGE MIDDLE SCHOOL PROGRAM N SubArantRemip|ent: Monroe County Board ofCommissioners Implementing Agency: Monroe County Board ofCommissioners Project Start Date: 10/1/2008 End Date: 9/30/2009 Problem Identification Risk factors. Monroe County youth show a higher occurrence of risk factors of 55% compared the state average uf52%(Florida Youth Substance Abuse Survey 2OOG). There are many risk factors that may influence the youth nfMonroe which could cause them toself-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, /\spike 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 of risk for the Family History of Antisocial Behavior scale. Middle school students scored o 58, four points higher than the mbatavvido average of54. That trend increases atthe high school level. Students with high scores onthis 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. Adone time behind the state average, Monroe Countyaoverall protective factors have increased from 45% to 48% since KXYCP\a first year ofinception in 2001 with the most notable improvement in the areas of Community Domain which had a 7% increase and School Domain which had a1OY6increase. While yWonroe'oaverage increased, both domains saw a decrease statewide. The fewer assets possessed byayoung person, the more likely they will use drugs and alcohol urengage inviolent acts, aeindicated bythe graph below. 0-10Aaaets 11-20 21-38 31-40 Alcohol 45%26%11%3% Violence 6296 3896 18% 696 Illicit Drugs 34%23%11%396 Project Summary Capitalizing on the success of its programs in high schools over the past four years, MYCP has brought programming hzmiddle schools, The services are coordinated bythe MYCPPrevention 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. 111110100 Application Ref # 2009-JAGC-875 Contract JAGC-MDNR-'- noleReference 110-9.0nsOoJo-0us(r*v April 2005) Florida Department ofLaw 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 as motivational speaker Daniel Davison. who motivated 1.400 middle school aged youth with his drug awareness presentation. |talso includes our signature programs like Challenge Day orour 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 to the school. These programs strengthen students' emotional health, redirect negative factors, and empower the individuals toovercome obstacles. 2\Parent Network and Parent k)Parent Curriculum. The goal ofthis curriculum ieaafollows: ° Allow parents tocreate a positive parent culture within their circle offamily and friends, ° Generate e mutual understanding between school administrators/law enforcement and parents allowing ustwbeonthe same side, Give parents the tools and skills they need toparent effectively, and °Create onetwork for parents togain the support they need. 3)Abuse Prevention and Anti -Bullying Peer Educator Tnain|ngs build protective factors and responsibility to "BE the CHANGE" and model healthy choices for younger peers; 4) Service Learn ing/Commun ity 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 baininOs;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 public, private and home school students. 7) Partnerships with other youth agencies to encourage seamless community service projects: agencies that inthe past lacked student involvement have benefited from the organized approach MYCP uses with student directed activities and the community has benefited from meaningful community service projects andtheotudenbshewabenefihedhnmthedinectadu{tsupen/is|on. productive activities, the learning gains as academic approaches have been utilized and an increased sense ofcommunity awareness. Application Ref # 2009-JAGC-875 Contract -JAGC-MONR--- Rule Reference 11 D-9M(5 OCJG-005 (rev, April 2005) -lorida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: Does the Subgnsnteereceive a single grant inthe amount of85U0.0O0ormore from the US.Department ofJustice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S.Department ofJustice? Answer: No Application Ref # Section #2 Page 3of3 Contract -JAGC-MONR--- nulenwfemnx 11D-9.006oCJo-005Va, xpm2oos Florida Department of Law Enforcement Justice Assistance Grant - County -wide State Purpose Area: 04A-Community Crime Prevention Activity Description Activity: Community Service Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description Activity: Community Leader Meetings Target Group: Children Geographic Area: School District Location Type: School, Middle Activity: 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-JAGC-875 Contract -JLGC-WO&&12--- lkpplication for Funding Assistanc Florida Department of Law Enforcement Justice Assistance Grant - County -wide I Activity Description Recreation Program Target Group: Ch|Nnm Geographic Area: School District Location Type: School, Middle Horace O'BryantMiddle School 11U5Leon Street Key West , FL 33040 Key Largo School 104801(]veraeae Key Largo .FL33037 Marathon Middle School Marathon , FL 33050 90-B Sombrero Road Marathon , FL 33050 100 Lake Road Tavernier, FL 33070 Stanley Svvit|1kSchool 34OOOverseas Highway Marathon .FL33OSO Sugarloaf School 225Crane Blvd. Sugarloaf Key, FL33O42 Objective: 04A.01 ' Provide specified number ofalternative drug -free events. [Alternative drug -free events would include any participatory event designed tostrengthen the anti -drug message and/or anti -crime mmsoaAe] Measure: Part How many alternative drug free events will be conducted? Application Ref # Section #3 Page 2of4 Contract -JAGC'MDNR-'- noleReference 11oe.omsoCJG-0us(vm.April cogo) Application for Funding AssistancT_ Florida Department of Law Enforcement Justice Assistance Grant - County -wide I �E Objective: O4A.02'Present aspecified number ofcrime and substance abuse prevention education classes. Measure: Part How many crime prevention and substance abuse education classes will be presented? Goal: 60 Objective: O4A.O3-Conduct especified number oflife skill development education classes. Measure: Part How many life skill development education classes will bmpresented? Goal: 40 Objective: 04A.05 - Conduct a specified number of meetings with community leaders for the purpose wfidentifying neighborhood problem s/deve|opingproposed so|utione/aupport groups. Activities should bereported separately from Neighborhood Watch/Business Watch Programs. Measure: Part How many meetings with community leaders for the purpose ofidentifying neighborhood problems and developing proposed solutions will be conducted? Goal: 12 Objective: O4A.O9'Conduct aspecified number ofcommunity service projects which may include neighborhood clean-up campaigns, Measure: Part How many community service projects which may include neighborhood clean-up campaigns, will be conducted. Application Ref # 2009-JAGC-875 Contract -JAGC-MONR--- Rule Rmference11 D-o.0oeooJa-0oe(m*April uons) 11 1 11 1111111��11;; � 11111111 11 111 11 Irl , Mt Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Question: If "other" was selected for location type, please describe. Answer: n/a Application Ref # 2009-JAGC-875 Contract -JAGC-MONR--- Section #3 Page 4 of 4 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Contractual Services $44.366.00 $0.00 $44.368M Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0D0 W00 $0.00 —Tota|s— $44,366.80 $0.00 $44,368.00 Percentage 1000 0.0 100.0 Project Will the project earn project generated income (PGI) ? No Application Ref # 2009-JAGC-875 Contract 2009JAQ[-W1(}NR'1-T7' Application for Funding Assistanc.1- Florida Department of Law Enforcement Justice Assistance Grant - County -wide I Budget Total Contractual Services $44.3O6.00 Salaries and Benefits: Personnel Costs of$4D.82O.80will pay uportion ofthe salaries of: °One MYCPMiddle School District Prevention Coordinator $2O.00/HDUF<xapprox. 17.25hours/week x52weeks =17.04O.00 Research programming, establish community partnerships and train the prevention coordinators and the high school student leaders °2MYCPPrevention Coordinators $2O.0O/hourxapprox. 14hours x52weeks =14.56UO These part-time coordinators will work with the middle 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 $20.O0/hourxmpprox,8hours/week x52weeks =8.320.00 These less than half time positions maintain the webpage, the monthly newsletter, organize the community outreach meetings and create flyers and email blasts. All ofthese products are 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. Professional Fees: $3,546.00 ~ These assemblies, such as Challenge Day, and substance abuse assemblies, are delivered to every middle school aged student i n the county including private and charter schools and home schooled students. They carry important messages and are easy toimplement for the schools oa [WYCPdoes all ofthe coordinating, Application Ref # Contract 2009-JAGC-MONR-1-T7- Rule Reference 11o*o0eooJo-00(revApril zooe) 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. 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: |findirect cost ieincluded inthe budget, indicate the basis for the plan /e.g.percent of aa|uh*mand benefite>.and prov�edocummntat�nofthe appnopr�te approval ofthis plan. Answer: n/a Question: If the budget includes services based on unit costs, provide a definition and cost for each service oapart ofthe 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 Ko ;7 2009'l4GC- 76 Contract 2009JAGC-MONR'1-T7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department ofLaw Enforcement I Standard Conditions Conditions ofagreement requiring compliance by units oflocal government (subgrantnecipients). implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the,following terms of conditions will become binding. Failure tocomply with provisions ofthis agreement will result (n required corrective action up to and including project costs being disallowed and termination of the project, aaspecified initem 17ofthis section. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance aswell ma Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: ° Florida Administrative Code, Chapter 11D'9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program" ° Office of Management and Budget (OMB) Circu|arA-21 (2 CFIR 220), "Cost Principles for Educational Institutions" a O088 Circular /\-87 (2 CIFFl225), "Cost Principles for State, Local and Indian Tribal Governments" 0 OMB Circular A-102, "Grants and Cooperative Agreements with State and Local Governments" ° OMB Circular A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" ° OMB Circular A-122(2CFR2%U)'"Cost Principles for Non -Profit Organizations" ° OMB Circular A-133, "Audits of States, Local Governments, and Non -Profit Organizations" ° 28CFFl38."Equal Treatment for Faith -Based Organizations" = 28CFRSG'''U.S.Department nfJustice Common Rule for State And Local Governments" (Common Rule) ° 28 CFR 83, "Govern ment-Wide Requirements for Drug -Free Workplace (Grants)" ° 28CFR.18'22,23'2O,%6'42,G1,and S3 ° Public Law 109-162, Title XI —Department of Justice Reauthorization, Subtitle B— Improving the Department of Justice's Grant Programs, Chapter 1—Assisting Law Enforcement and Criminal Justice Agencies, See. I I 11. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program * 42U,S.C.3711otseq.'"Omnibus Crime Control and Safe Streets Act of1988" a, Allowance for costs incurred under the subgrant shall be determined according bnthe general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal 0K8B Civnu|erA'87. "Cost Principles for State, Local and Indian Tribal Governments", orOMB Circular A-21."Cost Principles for Educational |nsdLutionm" b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department ofJustice Common Rule for State and Local Governments, or OMB Circular A-i1O. or OMB Circular A'1O2. and Florida law to beeligible for reimbursement, SFY20O9 Page Rule Reference //D-9.O0§ OCJC-005(rxAugust 2OD8) Florida Department of Law Enforcement e, ProjectPerfonnanmaRepods—JAGCountyxvideOn|y (1) Reporting Time Frames:Theyubonantrecipient shall submit Quarterly Project Performance Reports to the Florida Department ofLaw Enforcement, hereafter known as the Department within 31 days after the end ofthe reporting period. |naddition, ifthe subgnantaward period ieextended beyond the "ohgino|"project period.add|tiona| Quarterly Project PerformonmaReporteehaUbesubmitted. 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 inyour SubgnanL Adetailed response isrequired inthe narrative portion for yes/no performance objectives. The narrative must also reflect nnaccomplishments 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 oroQuarterly Project Expenditure Report hzthe Department. Project Expenditure Reports are due thirty-one (31) days after the end of the reporting period. In addiUon, 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 subgrardperiod. (c) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office ofCriminal Justice Grants (0CJG)through the SubgnentInformation Management ON -line (S|PM[)N)system. (d) All Project Expenditure Reports shall besubmitted |nsufficient detail for proper pre - audit andpoat-audit, (e) Before the "final"Project Expenditure Report will beprocessed, the subgrant recipient must submit hothe Department all outstanding project neportsendmuet have satisfied all special conditions. Failure tocomply with the above provisions shall result |nforfeiture ofreimbursement. (f) Reports are tobesubmitted even when noreimbursement isbeing 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 subgrendrecipient shall submit Quarterly Project Generated Income Reports hothe Department within 31 days afbsrthe end ofthe reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subarant ends, 'the subgrant recipient must continue DFY2O0g Page Rule Reference /ID-9i0OO OCJG-005(reuAugust 200N gram Florida Department of Law Enforcement submitting quarterly P8| reports until all funds are expended. (See Item 10. Program o. Other Reports The recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The subQnardrecipient 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 of funds shall conform to OJP Financial Guide, the Common Rule, and OMB Circulars A-21.A'87.and y+11O.orAriO2aoapplicable, intheir o. All funds not spent according iothis agreement shall besubject torepayment bythe subgnant recipient. 5. Payment Contingent on Appropriation and Available Funds The State ofFlorida's performance and obligation topay under this agreement iscontingent upon anannual appropriation bythe Florida Legislature, Furthermore, the obligation ofthe State of Florida to reimburse eubgnantrecipients for incurred costs is subject h>available federal funds, Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent tothe termination date ofthe eubgnantperiod. Only project costs incurred unorafter the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding a� JAG Countywide Advance funding shall beprovided hzmoubgrantrecipient upon awritten request to the Department. b, JAG Direct — The Department shall award program funds to the recipient in a single, lump sum payment. 8. Trust Funds a. The unit of|ooa|government must establish atrust fund inwhich iodeposit JAG funds. The trust fund may or may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used iorprogram purposes and expended before the subgrant end date. 9. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to FS 112061. SFY2ODg Page ogram Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a, All income generated ueadirect result ofasubgnsntproject shall bedeemed program income. b. Any project that will potentially earn PG|must submit anEarnings and Expenditures Report b)report how much PG|was earned during each quarter. /\ report must besubmitted each quarter even ifnoPG|was earned nrexpended. o. PG|expenditures require prior written approval from OCJG. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should beused aaearned and expended oasoon aapossible, Any unexpended PGI remaining at the end of the Federal grant period Must be submitted to OCJGfor transmittal toBJA� 11. Approval of Consultant Contracts The Department shall review and approve inwriting all consultant contracts prior toemployment 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 sounce).the $450threshold does not apply. a. The subgrant recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or dispose of it pursuant to FS 274. Thesubgnant recipient shall establish and administer a system to protect, presenoa, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant tothis agreement according tofederal property management standards set forth in the OJP Financial Guide, U.G. Department ofJustice Common Rule for State and Local Governments orthe federal OMB Circular A-11Oor4r102.aeapplicable. This obligation continues as long as the oubgrantrecipient retains the prnpedy, 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 anoonded), and the U.B. Department of Justice Common Rule for State and Local Governments, orthe federo|OMB Circular A,11OorA,102.aaapplicable. The awarding agency reserves a royalty -free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and QFY2D0W Page Rule Reference Y/D-9.006 OCJC-005 (rexAugust 2008) rant (JAG) Program Florida Department ofLaw Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgnantrecipient shall submit for review and approval one copy ofany curricula, training materials, orany other written materials that will bepublished, including web -based materials and web site conhant, through funds from this grant at least thirty (30) days prior tothe targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: ~This project was supported by Award No. [contact DCJG for award number] awarded by the Bureau ofJustice Assistance, Office ofJustice Programs. The opinions, findings, and conclusions nrrecommendations expressed inthis pub|imshon/prognmm/exh|bitionare those of the author(s) and do not necessarily reflect the views of the Department of Justice." o. 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 in accordance with the federal OMB Circular A-1 33 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance inthe subject audit. The contract shall beidentified asfederal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of FS 11.45. "Definitions, duties; authorities; naporta� rules."; FS 215.97. "Florida Single Audit AoC'; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For -Profit Organizations." b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 38 days after its oomp|etion, but no later than nine (A) months after the audit period, |norder tobecomplete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and munagmmentletter findings. Incomplete audit reports will not beaccepted bythe Department. u The subgrant recipient shall have all audits completed by an Independent Public Accountant (I PA). 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 subgoantrecipient shall ensure that audit working papers are made available hzthe Department, or its designee, upon request for a period of three (3) years from the date the audit report |s iesued, unless extended in writing by the Department, Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-1 33 for that fiscal year, In this case, written notification, which can be in the form of the "Certification of Audit Exemption" fnnn, ahoU be provided to the Department by the Chief Financial Offioer, or designee, that the aubgrantrecipient isexempt. This notice shall beprovided tothe Department nolater than March 1 following the end of the fiscal year. 3FY2U09 Page Rule Reference /YD`9� 006 OCJG-DO5(exAugust 2008) rant (JAG) Program Florida Department ofLaw Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department ofLaw Enforcement Office ofCriminal Justice Grants 2331 Phillips Road Tallahassee, F|orida323O8 In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, orsuspension cfthe agreement |nwhole orinpart, |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 eubgrantrecipient shall bepaid only for those services satisfactorily performed prior to the effective date of such sanction, 18. Commencement of Project a� If a project 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 a project is not operational within 90 days of the original start date of the award period, the subreoipientmust submit a second statement tothe Department explaining the implementation delay. c Upon receipt ofthe ninety (Q0)day letter, the Department shall determine ifthe reason for delay is justified or shall, sdits discretion, unilaterally terminate this agreement and re - obligate subgrant funds to other Department approved projects, The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 19. Excusable Delays Except with respect todefaults ofconsultante.d1esub0nardnnopienLahaUnotbeindefaultby reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault ornegligence ofthe subgnantrecipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. |ffailure toperform iscaused byfailure ofeconsultant toperform mmake progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of 'them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies urservices (nbefurnishedbytheconsubendwereobtainaNefromoUher sources, 3FY20D8 Page 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 of the subgr@nt recipient, the Department shall ascertain the 'lacts and the extent of such fai|ure, 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. Subgnsnirecipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation yohedu|es, project director, designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 1O%ofthe 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 cUnder no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance ofthis agreement according tothe Department's decision. b, If the subarant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes, Conferences may beheld atthe request ofany party hzthis agreement. /& any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right ofvisiting the project site to monitor, inspect and assess work performed under this agreement. a, The Department ofLaw Enforcement, the Auditor General ofthe State ofFlorida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose ofaudit and examination according to the Financial Guide and the Common Rule. b, The Department reserves the right to uni|ahana|k/ terminate 'this agreement if the aubomant recipient, implementing ogenoy, or contractor refuses to aUmx public access to all documents. papers, letters, or other materials subject to provisions ol Chapter 119, Florida Statutes, and SFY20Og Page Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c The oubonandrecipient viUgivebheawandingogencyortheGenena|AuoounUngDffioe. through any authorized representative, access to and the right to examine all paper or ,electronic records related tothe financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons, The SubgrontRecipient Authorizing Official orDesignated Representative and the Implementing Agency Official, Administrator or Designated Repnesenbshve, who sign the Signature PaQe, have the authority turequest changes tothe approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority b)submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer o[the Subgrant Recipient nrauthorized 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 or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgront recipient or Implementing Agency, Project Director, o/ 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 otherwise provided by |aw, the provisions o/Chapter 435. Florida Statutes shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week-, all permanent and temporary employee png|tionsofthnoentns|abusehoUine�andaUpemonowork|ngundercontractwhohave access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter43G. F.S. using the level 2standards set forth |nthat chapter. b� All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes ofthe subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting SFY200Q Page 8 ogram Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses tocooperate insuch investigation orrefuses toaubmit 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 |arequired, the fingerprints ofthe employee orapplicant for employment shall betaken bythe employing agency orbyan authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, tothe 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 F8397334.^Treatment-Based Drug Court Prognsme.^ 30. Overtime for Law Enforcement Personnel Prior toobligating funds from this award tosupport overtime bylaw enforcement officers, the U.8, Department of Justice encourages consultation with all allied components of the criminal justice ayoharn in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by DJP funds will comply with 28 C,F.R. Part 23. Criminal Intelligence Systems Operating Policies, if OJPdetermines this regulation Uobeapplicable. Should DJPdetermine 28C.F.R,Part 23tobe applicable, OJP may, at its discretion, perform audits of the system, as per 28 C.F.R. 23,20(g). Should any violation of28 Cf.R. Part 23 000ur, the recipient may be fined as per42 U.S.C. 3788Q(o)-(d).Recipient may not satisfy such ofine with federal funds, 32. Confidential Funds Asigned certification that the project dineobzror<heheadofMhe|mp|emendngAgenoyhasread. understands, and agrees toabide byall ofthe conditions for confidential funds asset forth inthe effective edition ofUJP's Financial Guide is required from all projects that are involved with confidential funds, The signed certification must be submitted at the 'Lime of grant application, 33. Equal Employment Opportunity (EEO) o� Federal laws prohibit recipients of financial assistance from discriminating on the basis of nsce, co|or, national ohgin, na|igion, sex, diaabi|ih/, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily - imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1568(42U�S.C. §378Qd); the Victims ofChmeAct (42U.S.C, § 1Q8O4(e));The Juvenile Justiceand Delinquency Prevention Act of2OO2(42U�S.C.� 6672(b));the Civil Rights Act of1QG4(42U.&C. §2O0Od); the Rehabilitation Act of1B73(20 U,S.C. §7 94); 'the Americans with Disabilities Act of1QQO(42 U�S,C. § 12131-34); the SFY2009 Page Rule Reference /Y[-9.O00 0C/G-005(reuAugust 2008) rant (JAG) Program Florida Department of Law Enforcement Act of1Q7S(42U&C, §§S101-87);and Department ofJustice Non-Disohmination Regulations 28 CFR Part 42; see Ex, Order 13279 (equal protection of the laws for faith - based and community organizations), b. Asubgnsntrecipient orimplementing agency must develop anEEO Plan if ithas 5Oormore 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://w\t,,Nm.ojp.usdoj.gov/about/ocr/eeop_comply.htm, must be retained by the subgrant recipient orimplementing agenoy, and must be available for review oraudit. The organization must also submit anEEO Certification toFOLE. c, If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of$5OO.DO0 ormore from D0J, itmust submit its plan to D[)J for approval. Acopy ofthe DOJapproval letter must besubmitted haFDLE The approval letter expires two years from the date of the 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 feceive any single award of $25,000 or more from DDJ nrifit is a nonprofit organization, u medical or educational institution, or an Indian Tribe. If an organization is exempt frorn the EEOP requirement, it must submit an EEO Certification toFDLE. e. The subgrant recipient 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 In the event a Federal or State Court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, oex, or disability against recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs, 34. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA). Public Law 101-336. which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title |). state and |uoa| government services and transportation (Title ||). public accommodations (Title 111), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C.Section 1324a(n).Section 274A(e)ofthe Immigration and Nationality Act (^|N/('). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)ofthe |NA. Such violation bythe subgnantrecipient ofthe employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department, 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA and other re!ated federal environmental impact analyses requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these oubgnantfunds. That is, itapplies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken |norder hzuse these subgrantfunds, &FY2008 Page/D Florida Department ofLaw Enforcement (1) New construction; (2) Minor renovation orremodeling ofaproperty either (a)listed onoreligible forUedngon the National Register of Historic Places or (b) located within a 1 00-year flood plain; (3) A renovation, |eese, 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 ofanew program involving the use of chemicals other than chemicals that are (a) purchased as anincidental component ofofunded activity and (b) traditionally used, for example, in office, househo|d, reoreoUona|, or educational environments. b. For any uf a subgnant recipient's existing programs or activities that will be funded by these nubgnanbs, the subgnentnsoipient. upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national orprogram environmental assessment ofthat funded program oractivity. The subgrant recipient agrees to comply with Executive Order 12549, 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 certifyit 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 subQnsntis$1OO.O00ormore, the subgnantrecipient and implementing agency certify that they and their principals: a. Are not presently debamsd, ouapended, proposed for debarment, declared ine|igib|e, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions byany Federal department oragency; 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 obhaining, attempting to obtain, or performing a public (Federal, Shahs, or local) hansacdunoroonbo(tunderapub|ictrunsectiun;vio|ahonofFedera|orStahaondhnst statutes orcommission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; o. Are not presently indicted for orotherwise criminally orcivilly charged by e governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this 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. n. Each aubgrand recipient agrees to comply with 28 CFR PadSQ. "New Restrictions on Lobbying" and shall file the most current edition of the Certifivadon And Disclosure Fonn, if app|ioeb|e, with each submission that initiates consideration of such subgnsntrecipient for award of federal contract, grant, or cooperative agreement of $100,000 or more, b, This certification is a material representation ol fact upon which reliance was placed when this agreement was made. Submission of this oertificadon is a prerequisite to entering into 8FY2009 PaQo1/ Pule Reference I/�9.006 OCJG-005 (reuAugust 2008) Florida Department of Law Enforcement this agreement subject toconditions and penalties imposed bySection 1352.Title 31.United States Code. Any person vvhofai|stoU|ntherequinedcertihcadonissubjeo toocivil penalty ofnot less than $1U.00Oand not more than $1OO.00Ufor each failure tofile. o. As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFRPart 6S.the applicant certifies that: (1) NoFederal appropriated funds have been paid or will bepaid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member ofCongress, an officer oremployee 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 extension, continuation, renewal, 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 urattempting hoinfluence enofficer oramp|oyaecf 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, theundersi0nedohaUcomp|ebaendsuhmitStandardFonn-LLL.''Diso|msunaof 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. %9.State Restrictions nnLobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 4O.Additional Restrictions onLobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indireot|y, in support of the enactment, nepee|, modification or adoption of any |ew, regulation or policy, atany level ofgovernment, without the express prior written approval ofUJP. Funds from this award may not beused tooperate a^ program h)any local jail. Furthermore, no funds may be given to local jails that operate "pay -to -stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated bycity, county, ormunicipality. |tdoes not include juvenile detention centers, "Pay -to - stay" programs prognamsaa referenced in this condition, means program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessmenMmpactsbsbsmentaosnaquiredunder|heNedona|Environmenta|Po|ioyAcL SFY2O0Q PaQe12 Dgram Florida Department ofLaw Enforcement General Requirement: The subonantrecipient agrees hzcomply with Federal, State, and local environmental, health and safety laws and regulations applicable tothe 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 a seized laboratory's operations are placed or come to rest. Therefore, the aubQmntrecipient further agrees that inorder to avoid ormitigate the possible adverse health, safety and environmental impacts from any cfclandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award-, and (3) implement these protective measures directly throughout the life ofthe subguanL |nsodoing, the eubgnant 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 orto be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) PrVvideOcoupohona|SafetyandHeahhAdministrotion(OSHA)naquiredinitia|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 projectwith OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare comprehensive contamination report on each closed |abnratory� (S) Employ qualified disposal contractors to remove all chemicals and associated g|asummne, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine |ebora1ory� (S) 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 recyd|ngtsci|ides� (7) Monitor the transport, disposal, and recycling components of subparagraphs 5, and 6. immediately above inorder hoensure proper compliance; (8) Have in place and implement an inter -agency agreement orother form of commitment with aresponsible State environmental agency that provides for that agency's (i)timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal nequirements�and SFY2OQ9 page13 Florida Department of Law Enforcement (Q) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal vio|atione� (|ii) ensure immediate medical baeUng for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, 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 Rights Actof 1964.42U.SC. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English pnofioienoy(LEP). For more information onthe civil rights responsibilities that recipients have in providing language services to LEP |ndividuu|a, please see the website at , 44. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L 97-348) dated October 10. 1982 (18 USC 3501 etaeq] 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 an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. Conduct such enassessment with respect hoeach such enhancement; and, submit tothe Department the aforementioned assessment in its Final Program Report, 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing bythe EPA. 47. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Actnf1873. Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. |twill assist the Department (if neoeusary�inassuhngcompliance wbhaenhon1OGofthe Nahona| Historic Preservation Act of1QGG(1SUS.C�§47O).Ex. Order 115Q3(identification and SFY2VO9 Puga/4 Rule Reference Y/[-Q.OD0 OCJ8-DD5(rexAugust 20O0 Florida Department of Law Enforcement protection ofhistoric p/ope/tie*). the Archeological and Historical Preservation Act of 1974(18 US.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 49. Omnibus Crime Control and Safe Streets Act The aubgrantrecipient will comply and assure the compliance ofall 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 appnopriehe; 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 |avva, orders, dnou|ana. or regulations, 50. Public Safety Officers' Health Benefits Provision The recipient has certified itksincompliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2802. Departments of Commerce. Justice, and State. the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77)ond agrees to remain in compliance during the life of the grant, This provision requires that the unit of local government which employs apublic safety officer (aude5nedbyGeotion12O4nfTiUe|oftheOmnibuuChme Control and Safe Streets Act of 1968, as amended) to afford such public safety officervvhVretires 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 ufthe grant, 10 percent ofthe award amount must be returned tothe grantor. 51. Human Research Subjects Grantee agrees tocomply with the requirements of28C.F.R.part 4Sand all Office ofJustice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines, For more information on compliance with this condition, visit http�//www.niem.gov/implementationquide.php. 53. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 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. Part22 that are applicable to coUeodon, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of28 C.F.R. Part22 and, in particular, section 22,21 SFY2OOQ Poge15 Florida Department of Law Enforcement 55. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This istofacilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. |naddition, the recipient agrees tomaintain anadministrative file documenting the meeting ofthis requirement. For alist ofState Information Technology Points ufContact, go to . 56. Interstate Connectivity Toavoid duplicating existing networks nr|Tsystems in any initiatives funded byBJAfor law enforcement information sharing systems which involve interstate connectivity between jurisdicdons, such systems shall emp|oy, tothe extent possib|e, existing networks usthe communication backbone to achieve interstate oonneot|vity, unless thesubgnant 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.Supplan§ng The recipient agrees that federal funds under this award will beused Uzsupplement but not supplant state orlocal funds, 58. Conflict of Interest The subgrant recipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal 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 of107O(42U,S.C. §4SO1etseq.).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 subgnandrecipient will comply with requirements of5U�&C, §§15O1-U8and §§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 of2Q 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 grant awards of direct funding may not be used to fund any inherently religious activ|Uus, such as vvonship, religious instruution, or pnoae(ytizabon. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantlee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, SFY2O08 PogaY0 Rule Reference 1/D-9.006 OCJG-005(rex Augur 2000 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: 2009-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 rile, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301-.30& 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 8 below. A recipient should complete either Section A or Section H, 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 file (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 7th Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307-2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the byes that app l:V. ❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe, ❑ Recipient is a non-profit organization, 0 Recipient is an educational institution, or 0 Recipient is a medical institution, 0 Recipient is receiving an award less than $25,000 [responsible official], certify that [recipient] is prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. 1 further certify 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 SubmissiortRequirement 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 employees Irecipientj,which has 50 or more ee and receiving n a single award baward or '25,000 or more, but less than $500,000, has formulated an I'P'oy sis rc iv i g Si g ' or Sit f Sit rtjf� ESOP in accordance w h 2 FR 42 et seq subpart E. I further cc rs' P. rt t ority and it P into cwithin it C 0 1 further certify that the EEOP has been formulated and signed n effect t thi n the past two yea b y the to r au 0 ff t off_ cf� MOroe u C ,at" authority and that it is available for review. The EEOP is on file in he office 0 n County o n _�y EEO Coordinator a 00 Simonton to Streety W at L 0 0 t 11 n n Key e , F 33 4 (organization], faddressj,for review by the public and employees or for review or audit by Officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevant4ws and regulations, Roman Gastesi, County Administrator Print or type Name and Title Signature foe Date OMB Approval No, 1121-0140 Expiration Date: 0 1 /3 1/06 RESOLUTION NO,. 2100a - 2008 Budget and Finance WHEREAS, the Florida Department of Law Enforcement has announced the Fiscal Year 2009 funding cycle of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program; 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 the amount $44,366.00 with an additional $0.00 cash match requirement (total of $44,366,00); al WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, wit concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug a 11 alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. The County Administrator is hereby authorized to sign and submit the application packet for the Fiscal.YOj,r '2609 grant funds to the Florida Department of Law Enforcement Byrne -.Memorial Justice Assistance Grant (JAG) Program,., 4hd,that., 3. This resolution shall be' come, effectivelmnipaiaf6ly upon adoption by the Board of County Commissioher's,and -,axleu itiph by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Bo&d,'bf County Commissioners of M�t�-.& Cogpty, 2 Florida, at a regular meeting of said,.Boa d,,b(nithe 16"' day of July, 'At 2008- Mayor Di Gennaro Mayor Pro Tern McCoy Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Spehar Yes (Seal) DANNY L. KOLHAGE, Clerk Monroe tC�,Punty Board, of 1,ommissioners AtteC erk of Court t. By: Mayormo NROE COUNTY ATTORNEY APPRO �'r7D AS TO FORM: —,CHRISTINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date eo 1,;Z 41406 Tyis Copy is a'TrUt Copy � 4he , Vilt-ass my lia d andOlt iOfficiai�g�ff my / I day 9f This ¢ 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 tothe 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. OEM Date: Typed Name of Su Signature: Corrections onthis page, including Strheoveny, whiteout, etc. are not acceptable. Mon -co County Board of County Commissioners Typed Name and Title: Roman Gasteoi County Administrator -� Date: /- *'� Monroe County Board of Roman � t � County Administrator TypedNemeandTh�� o �� �s oou Date: /~~^�~- �� ��y� ��~��� Application Ref # 2009- AGC-87S Contract -JAGC-MDNR''' FDLE Florida Department of Law Enforcement Gerald INA. Baiiey Commissioner Office of Criminal Justice Grants Post Office Box 14,89 Tallahassee, Florida 32302-1489 ,3850) 617-1250 wwvv-fdle - state.fl,us Mayor Monroe County Board of Commissioners County Administration Office 1100 Simonton Street Key West, FL 33040 Dear Mayor Di Gennaro: Charlie Crist, Governor Bill klcCoilurn. Attorney Genelrail Alex Sink, Chiei Financial Offic-er Charles H. Bronson, Comn-iissioner of Agftl-Wure The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $ 44,366.00 for the project entitled, MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM IV. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. Changes were made to these conditions after your application was received in this office. Therefore, these Standard Conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service - Integrity - Respect - Quality The Honorable Mario Di Gennaro Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at 850/617-1250. Sincerely, Q 14. Udsel-) Clay4tn H. Wilder Administrator CHW/JP/th Enclosures State of Florida Office of Criminal Justice Grants Florida Department of L aw-FAfncrPu-PAI 2331 Phillips Road Tallahassee, Florida 32308 (Signature ufSubonantee's Authorized Official) (Typed Name and Title of Official) (Name OfSubor@ntee) (Date ofAcceptance) Rule Reference 11D'9.00GDCJG-012(R8v.October 20O5) State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Subgrantee: Monroe County Board of Commissioners IN '111111 State Agency Match: Local Agency Match: $O.00 Total Project Coat: $44.3OO.OD State Purpose Area: O4A:Community Crime Prevention CFDANuOnbec 18.738 Award ishereby made inthe amount and for the period shown above of8subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351, as amended, and the Anti -Drug Abuse Act 0f1S88. P.L. 100-890. 03the above mentioned Subgr8nkaeand subject tOany attached Orspecial conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1O' Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars A,110orA-1O2. as applicable, andA-21' iDtheir 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 OfP.L8O'351'aSamended, and P.L1OO-5B0. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Authorize P Official Clayton H. Wilder Administrator �: M Date ( ) This award is subject to special conditions (attached). Application for Funding Assistance Florida Department ofLaw Enforcement Justice Assistance Grant - County -wide Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Nome: Mario DiGennoro Title: Mayor Address: County Administration Office 11OOSimonton Street City: Key West State: FL Zip: 33040 Phone: 805-280-8000 Ext Fox: 305'289'8308 Sunconm: Email: boccdis4@monroecounty-fl.gov Chief Financial Officer Name: DannyKohoge Title: Clerk Address: 58UWhitehead Street City: Key West State: FL Zip: 33040 Phone: 306-292-3550 Ext Fax: 305-205-3683 Suncom: Email: dkdhuge@monro*'oerk,cum Application Ref # Section #1 Page 1of2 Contract 2008-JAGC-MONR-1-T74012 Rule Reference 11oeuoeooJo-0oy(,w. Apmonos) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief • N I ame: • 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 Suncom: Email: boccdis4@monroecounty-fl.gov Project Director 'd a,-u e: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: ovens-david@monroecounty-fl.gov Application Ref # 2009-JAGC-875 Section #1 Page 2 of 2 Contract 2009-JAGC-MONR-1-T7-012 Rule Reference 11 D-gM6 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Project Project Title: K4ONROEYOUTH CHALLENGE MIDDLE SCHOOL PROGRAM |V Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2008 End Date: 9/30/200',#, Risk factors. Monroe County youth show ahigher ocournanoeofhskfmctorsnf55%comperedthmstahaavonsge of52Y6(Florida Youth Substance Abuse Survey 2O0G). 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. Aopike 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 Monroe County reported the highest level of risk for the Family History of Antisocial Behavior scale. Middle school students scored a58.four points higher than the statewide average of54. That trend increases otthe high school level, Students with high scores onthis 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's overall protective factors have increased from 45% to 48% since MYCP's first year of inception in 2001 with the most notable improvement in the areas of Community Domain which had a 7% increase and School Domain which had e1OY6increase. While K4onroe'oaverage increased, both domains saw o 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. 0-10Aemots 11'20 21-30 31-40 Alcohol 45%26%11%3Y6 Vio|enreG2Y6 38% 18% S% Capitalizing on the success of its programs in high schools over the past four years, MYCIP has brought programming tomiddle schools, The services are coordinated bvthe MYCPPrevention Coordinators. These services may beprovided bycommunity 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 # 2009JAGC-875 Section #2 Page of 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 aa motivational speaker Daniel Davison, who motivated 1,400 middle school aged youth with his drug awareness presentation. (talso includes our signature programs like Challenge Day orour recently created 8TP(EKhGrade Transition Proyoam). Designed byMonroe 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 ail 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 to the school. These programs strengthen students' emotional health, redirect negative faoboro, and empower the individuals to overcome obstacles. 2\Parent Network and Parent toParent Curriculum. The goal ofthis curriculum ieaafollows: 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 allowing uetobeonthe same side, ° Give parents the tools and skills they need to parent effectively, and ° Create anetwork for parents 0ogain the support they need. 3)Abuse Prevention and Anti -Bullying Peer Educator T/minings build protective factors and responsibility to "BE the CHANGE" and model healthy choices for younger peers; 4) Service Learn ing/Com mu n ity 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 trainings; and 6) Grassroots coordination with schools, existing law enforcement, juvenile justice agencies, social service and civic organizations inorder hointegrate and increase the impact ofexisting crime prevention and substance abuse education efforts among public, 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 MYCP 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 # Contract -JAGC'MONR-'' Rule Reference nD-Mo ncJs-00(re, xpmzous Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 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 Contract -JAGC-MONR--- Rule Reference 11 D-9M6 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: 04A-Community Crime Prevention Activity: Community Service Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description Activity: Community Leader Meetings Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description Activity: Crime Prevention Education Target Group: Children Geographic Area: School District Location Type: School, Middle Activity: Drug Free Events Target Group: Children Geographic Area: School District Location Type: School, Middle Activity: K4enbzhng Target Group: Children Geographic Area: School District Location Type: School, Middle Application Ref # 2003'JAGC-875 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Activity: Recreation Program Target Group: Children Geographic Area: School District Location Type: School, Middle Horace CyBryant Middle School 11O5Leon Street Key West .FL33O4O Key Largo School 104801Overaeun Key Largo .FL33037 350 Sombrero Beach Blvd. Marathon , FL 33050 Monroe Youth Challenge 60-B Sombrero Road Marathon , FL 33050 Plantation Key School 10OLake Road Tavernier, FL33O7O Stanley 8vvit|ihSchool 34OUOverseas Highway Marathon .FL3305O Sugarloaf School 226Crane Blvd. Sugarloaf Key , FL 33042 Objective: 04A.01 - Provide a specified number of alternative drug -free events. [Alternative drug -free events would include any participatory event designed to strengthen the anti -drug message and/or anti -crime meosage] Measure: Part How many alternative drug free events will be conducted? Application Ref # 2009-JAGC'875 Saodn"#3 Page 2cJ4 Contract JAGC'MDNR--- nu|eReference 11o'yonenCJo-0ms(mv. Apmcmos) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Objective: U4A.02-Present aspecified number ofcrime and substance abuse prevention education classes. 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 How many life skill development education classes will bepresented? Goal: 40 Objective: O4A,O5-Conduct aspecified number ofmeetings with community leaders for the purpose ofidentifying neighborhood problems/developing proposed solutions/support groups. Activities should bereported separately from Neighborhood Watch/Business Watch Programs. Measure: Part How many meetings with community leaders for the purpose cfidentifying neighborhood problems and developing proposed solutions will be conducted? Goal: 12 Objective: 04A.UA'Conduct aspecified number ofcommunity service projects which may include neighborhood clean-up campaigns. Measure: Part 1 How many community service projects which may include neighborhood clean-up campaigns, will be conducted. Goa: 24 Application Ref # 2009-JAGC-875 Contract -JAGC-MONR''' Rule Reference 11D-9.006oCJo-005(r*v Apm2000) 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-JAGC-875 Section #3 Page 4 of 4 Contract -JAGC-MONR--- Rule Reference 11 D-9,006 OCJG-005 (rev. April 2005) Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $44.36U0 $0.00 $44.366.00 Expenses $0,00 $ODO $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0,00 $0.00 Percentage 100.0 0.0 1000 Project Will the project earn project generated income (PGI) ? No Application Ref Section #4Page 1of3 Contract 2009-JAGC-MONR'1-T7- nuwxeferencm/Io'a.un000Jo'oos(nm,^wn/coon) Application for Funding Assistance Florida Department OfLaw Enforcement Justice Assistance Grant - County -wide B Total Budget Request: Contractual Services $44,366.00 Salaries and Benefits: ° One K8YCPMiddle School District Prevention Coordinator $28.00/HOUFlxapprox. 1725 houre/weekx 52 weeks = 17.940�00 Research programming, establish cnmmundnpa�nerahipeand train the pn*vendoncoordinators andthehighsohoo|utudent|eadem - °2MYCPPrevention Coordinators $2O-OO/hourxapprox. 14hours x52weeks =14.5GO.OU These Part-time coordinators will work with the middle 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.8O These less than half time positions maintain the vvebpege.the monthly nevva|etter organize the community ouheauhmeebngaand create UU flyers AUofthese products are essential tothepnognamaouocenaas|tpnzvidaetheneoeasarycommunication tnensure the youth and our volunteers and community partners participate inour programming, Professional Fees: $3,546.00 ° These assemblies, such as Challenge Day, and substance abuse assemN�a����� ' every middle school aged student inthe co.n including phvateand oha�eran'~'oo|oand home schooled students. They carry important messages and are easy toimplement for the schools oa k4YCPdoes all ofthe coordinating. SERVICES WILL BEPROVIDED PURSUANT TOACONTRACT BETWEEN M()NROECOUNTY AND THE K8ONROECOUNTY EDUCATION FOUNDATION. Application Contract 2009-JAGC-MONR-1-T7- Rule Reference 11 D-eunsocJs-0os(re,April 2ons) 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: 1000D8 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 ks g percent of ea|aheuand benefha>.and provide dooumentodonofthe appnnpdateapproval `-`-|ofthis plan. ' ' - *uowec n/a Question: |fthe budget includes services based onunit costs, provideadehnitionandcoo^ for each service ospart ofthe budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established orupdated. Answer: n/a Application Memorial Jstice Assistance Grant (JAG) Program Florida Department of Law Enforcement Standard Conditions Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the�following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. i. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance mswell om Federal atatutea, nsgo|ationn, policies, guidelines and requirements and Florida laws and regulations including but not limited to: ° Florida Administrative Code, Chapter 11D'3."Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program" ° Office ofManagement and Budget (OMB) Circular &-21 (2 CFR22U), "Cost Principles for Educational Institutions" = OK88 Cirny|erA-87 (2 CFR 225)` "Cost Principles for State, Local and Indian Tribal Governments" = OMB Circular A-1 02, "Grants and Cooperative Agreements with State and Local Governments" ° OMB Qncu|arA-11O (2 CFR215)' "Uniform Administrative Requirements for Grants and CooperativeAgrmernenta" " OMB Circular A-122 (2 CFR 230), "Cost Principles for Non -Profit Organizations" ° OMB Cioou|arA-1J3' "Audits of States, Local Governments, and Non -Profit Organizations" ° 28CFR38'"Equal Treatment for Faith -Based Organizations" " 28CFRGG'"U.G.Department nfJustice Common Rule for State And Local Governments" (Common Rule) ° 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" � 28CFR.18.22,2J,3O'%5'42'G1,and 63 ° 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 ° 42 U.S.0 3711 etmeq.. ^^0rnnibua Crime Control and Safe Streets Act of1S6D" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according tothe general principles ofaUowabi|ih/ and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department ofJustice Common Rule for State And Local Governments and federal OMB Circular A-87. "Cost Principles for State, Local and Indian Tribal Governments'', nrOMB Circular A-21."Cost Principles for Educational |nsthubons^ b. All procedures employed in the use of federal funds for any procurement shall be according kzU,S Department ofJustice Common Rule for State and Local Governments, nrOMB Circular A-11O. or OMB Cincu|ar/+1O2. and Florida law tobeeligible for reimbursement. SFy2DO9 Page Rule Reference I/D-9.005 DCJ8-0O5kov.August 200@ Florida Department of Law Enforcement a. Project Performance Reports — JAG Countywide Only (1) Reporting Time Fmmes�Theaubgnantrecipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enhzrcement, hereafter known as the Department within 31 days after the end of the reporting period. In add|tiun, if the subgnantaward period inextended beyond the "o/igina|''project pehod.udditinna| Quarterly Project Performance Reports shall besubmitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 17, Performance of Agreement Provisions. (2) Report Contents: Performance reports Must include a response to all objectives included (nyour subgnant, Adetai|edreeponseisnaquivedinUhanexadvepodionfuryns/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. b. Financial Reports (1) Project Expenditure Reports (a) The JAG Countywide nubgnardrecipient shall have echoice ofsubmitting either a Monthly oreQuarterly Project Expenditure Report hathe Department. Project Expenditure Reports are due thirty-one (31) days after the end of the reporting period. In addiUon, if the subgnsntavvard period is extended, additional Project Expenditure Reports shall besubmitted, (b) The JAG Direct eubgnantrecipient shall submit one Project Expenditure Report for the entire subgosntperiod. (o) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office ufCriminal Justice Grants (OCJQ)through the SubUnantInformation Management ON -line (S|K8ON)system. (d) All Project Expenditure Reports shall hesubmitted insufficient detail for proper pre - audit andpoat-audit, (e) Before the ^final"Project Expenditure Report will beprocessed, the oubgrent recipient must submit tuthe Department all outstanding project reports and must have satisfied all special conditions. Failure (ocomply with the above provisions shall result in forfeiture of reimbursement. (f) Reports are to be submitted even when no reimbursement is being requested, (2) The Financial Closeout Documentation shall besubmitted tnthe Department within forty- five (45)daysoftheaubgrentbarminadondute. (3) |fapplicable, the auborantrecipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY20O8 Page 2 Rule Reference YYD-y,OOD 0CJG'005 (raxAugust 20O8) gram Florida Department of Law Enforcement submitting quarterly PG| reports until ail funds are expended. (See |bam 10. Program c. Other Reports The recipient shall report to'the Uniform Crime Report and other reports asmay be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a, The aubgnantrecipient 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 onthis project shaUbadisbursedaczordingtuprovisionao/Uhe project budget asapproved bythe Department. b, All expenditures and cost accountino of funds shall conform to OJP Financial Guide, the Common Rule, and OMB C|nou|ansA-2i. A-87. and A-110. orA,102 as upp|ioeb|e, iniheir c. All funds not spent according to this agreement shall be subject to repayment by the subgrant 5. Payment Contingent on Appropriation and Available Funds The State ofFlorida's performance and obligation topay under this agreement iscontingent upon snannual appropnaUonbythe Florida Legislature, Furthermore, the obligation ofthe Sbahsof Florida to reimburse subgrant 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 tnthe termination date nfthe aubgnentperiod. 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. 7. Advance Funding a, JAG Countywide - Advance funding shall be provided to a subgrant recipient upon a written request tothe Department, JAG Direct — The Department shall award program funds to the recipient in a single, Jump 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 subgrantend date, S. Travel and Training The cost ofall travel shall bereimbursed according tothe subgrant recipient's written travel policy. |fthe aubgnsntrecipient does not have ewritten travel policy, cost cfall travel will be reimbursed according hzFS 112.081� SFY2OD9 Page 3 gram Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a, All income generated aaadirect result ofaaubgnantproject shall bedeemed program income, b. Any project that will potentially earn PG| must submit on Earnings and Expenditures Report k/report how much PS|was earned during each quarter. Areport must besubmitted each quarter even ifnoPG|was earned orexpended, o. PG|expenditures require prior written approval from OCJG. Program income must be used for the purposes of and under the conditions applicable to the award, If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should beused asearned and expended aasoon aspossible- Any unexpended PG|remaining u|the end of the Federal grant period must basubmitted to OCJSfor transmittal hzBJA. 11. Approval ofConsultant Contracts 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 an eight -hour day. Approval shall babased upon the contract's compliance with requirements found in the Financial Guide, the Common Ru|e, and in applicable state abahubaa, The Department's approval of the subgrant recipient agreement does not constitute a0proval of consultant contracts. |fconsultants are hired through acompetitive bidding process (not sole source).the 8468threshold does not apply, 12. Property Accountability a. The subgrant recipient agrees to use all non -expendable property for criminal justice purposes during its useful |i[eordiapnaeofitpumuanthzFS274. b. The aubgnent recipient shall establish and administer system to pnztect, pnaoeme, 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 {}JP Financial Guide, U.B. Department ofJustice Common Rule for State and Local Governments orthe federal OMB Circular A-110orA-1O2.auapplicable. Thisob|igaUon continues as long as the subgrant recipient retains the property, 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, orthe federal OMB Circular A,11Oor/+1U2.asapplicable. 14.Copyhght The awarding agency reserves a royalty -free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal aovernment purposes: a. The copyright in any work developed under an award or subaward, and SFY20D9 Page 4 Rule Reference I/[-9-OO6 0CJG'005 (rexAugust 20 ant (JAG) Program Florida Department of Law Enforcernent 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 mabaha|s, or any other written mohsha|s 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 ofJustice Assistance, Office ofJustice Programs. The opinions, findings, and conclusions orrecommendations expressed inthis pub|ioation/progrom/exhibiUonare those of the euthor(s)and donot necessarily reflect the views ofthe Department nfJusiioe,^ a. Subgnandrecipients that expend $5OO.00Oormore inayear inFederal awards shall have a single nrprogram-specific audit conducted for that year. The audit shall beperformed in accordance with the federal OM B 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 tile 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. "Definitions; dutieo� authurities� reports; ru|ee.^; FS 215.97. "Florida Single Audit AuY'; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 1O.S5O."Florida Single AuditAct Audits Nonprofit and For -Profit [}rgenizaUono,^ b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after he oomp|etinn, but no later than nine (g) months after the audit period. |norder tobecomplete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings, Incomplete audit reports will not beaccepted bythe Department, c. The subgnantrecipient shall have all audits completed byenIndependent Public Accountant (IPA), The IPA shall be either Certified Public Accountant o/ a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgnantrecipient shall ensure that audit working papers are made available to the Department, orits designee, upon request for operiod ofthree (3)years from the date the audit report isissued, unless extended inwriting bythe Department. f. Subgrantrecipients that expend less than $500.000 in Federal awards during a fiscal year are exempt from the audit requirements ofOB&1Circular A,133for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall boprovided tothe Department hythe Chief Financial Officer, ordesignee.thaithe aubgcsntrecipient isexempt. This notice shall beprovided hothe Department nolater than March 1following the end ofthe fiscal year. 3FY20OA Page ant (JAG) Program Florida Department of Law Enforcement g� |fthis agreement isclosed out without anaudit, the Department reserves the right hzrecover any disallowed costs identified |nanaudit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department ofLaw Enforcement Office ofCriminal Justice Grants 2331 Phillips Road Tallahassee, F|ohdo323OB 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, orsuspension ofthe agreement inwhole orinpart, |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 subgrantrecipient shall bepaid only for those services satisfactorily performed prior to the effective date of such sanction, 18. Commencement of Project a. |faproject 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� |faproject is not operational within 90 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 sh@U, at its discrednn, unilaterally terminate this agreement and re - obligate subgnantfunds Loother Department approved projects, The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (gO) day pehod, but only byformal written adjustment tuthis agreement. 19. Excusable Delays Except with respect to defaults of consultants, the subgrantredperd shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence ofthe subgmntrecipient. Such causes induda, 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 embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b, If failure to pedbnn is caused by failure of consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY2D0Q 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 requestof the subgnsntrecipient, the Department shall ascertain the facts and the extent of such failure, and if the Departr-nent determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. e. Subgosrdrecipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers. implementation schedu|es, project director, designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories, 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, 21.Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance ofthis agreement according <othe Department's decision, b, If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk), The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120. Florida Statutes. 22. Conferences and Inspection of Work Conferences may beheld aithe request ofany party hothis agreement, Atany 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 ofvisiting the project site to muniior, inspect and assess work performed under this agreement, 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U,S. Department of Justice, the U.S- Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant neuipient, implementing agency and contractors for the purpose ofaudit and examination according bzthe Financial Guide and the Common Rule. b� The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, urcontractor refuses to aUmm public access to all dooumenbs, papers, letters, orother materials subject toprovisions ofChapter 110.Florida Statutes, and SFY2OOS Page Florida Department of Law Enforcement made or received by the subQrant recipient 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. 24. Retention of Records The suborentrecipient shall maintain all records and documents for aminimum ofthree (3)years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority The SubgoantRecipient Authorizing Official orDesignated Repxsaenba6veand8he|mplemendng Agency Othc|a|, Administrator or Designated Represenhshve, who nk)n the Signature Page, have the authority t*request changes tothe approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source, ADP Justification and the Privacy Certification forms. The Project Director has authority tosubmit requests for approval uf specific travel, and Performance Reports, with the exception of the Financial and Closeout Paokage, which also requires the signature by the Chief Financial Officer of the Subgnant Recipient orauthorized designee, 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the Department a letter or resolution indicating the person given signature authority. The letter indicating delegation nfsignature authority must besigned bythe chief off icerorelected 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 a change in Chief Executive Officers for the Suhgnant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by |avv for emp|oyment, unless otherwise provided by |aw, the provisions ofChapter 435. Florida Statutes shall app|y� All positions in programs providing care to children, the developmentally disab|ed, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435. F,S.. using the level 2standards set forth |nthat chapter. b, All employees in positions designated by law as positions of trust orresponsibility shall be required to undergo security background investigations as a condition of' employment and continued employment. For the purposes ofthe subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting SFY20OQ PageO Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks throuah 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 hoconpenahainsuchinvesdgadonu/ref seshzaubmiifingerphntsahaUbe 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 nrapplicant for employment shall betaken bythe employing agency orbyan authorized law enforcement officer and submitted bzthe Department o[Law Enforcement for processing and forwarding, when requested by the employing agency, tothe 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 FS3Q7,334.^Treotment-BacedDrug Court Pm0nama,^ 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system inthe affected jurisdiction. The purpose ofthis consultation ishoanticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. 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. Part 23. Criminal Intelligence Systems Operating Pu|idea. if 0JP determines this regulation to be applicable, Should 0JP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per 28 C,F,R. 23,20(g). Should any violation of 28 C.FR. Port23 occur, the nacipient may be fined as per42 U�S.C. 378Qg(c)-(d).Recipient may not satisfy such a fine with fedeos|funds. 32. Confidential Funds Asigned certification that the project director orthe head ofthe 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. 33. Equal Employment Opportunity (EEO) Federal laws prohibit recipients of financial assistance from discriminating on the basis of naoe, color, national origin, re|igiun, eex, d|sabi|ity, or age in funded programs or activities, All subgnantreoipients and implementing agencies must comply with any applicable statutorily - imposed nondiscrimination requirements, which may include the Ornnibus Crime Control and Safe Streets Act of1988(42U.G.C. §3788d):the Victims ofCrime Act (42U.&C. § 18GO4(e));The Juvenile Justice and Delinquency Prevention Act of2OU2(42U,S,C. § 5G72(b))�the Civil Rights Act of1A84(42U.&C. §2OOOd)- the Rehabilitation Act of1973(20 US.C. §7 94)� the Americans with Disabilities Act of1850(42 U�S,C. § 12131-34); the Education Amendments of1g72 (20U.5.C, §§1681. 1883. 1G85-88);the Age Discrimination SFY2008 page 9 rant (JAG) Program Florida Department of Law Enforcement Act of1Q76(42U.&C. §§81O1-O7)�and Department ofJustice Non -Discrimination ReQu|adons28CFRPart42,seeEx.Order1327A(equa|pnobacionofUhe|awsforfadh- basedandoommunityurganizeUono), b, /\subgnardrecipient orimplementing agency must develop mnEEO Plan if ithas 5Oormore 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://,mww.ojp.usdoj.gov/'about/oc�eecp_comply.htm, must be retained bythe sub0nant recipient orimplementing agency, and must beavailable for review oraudit. The organization must also submit anEEO Certification toFDLE, o. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from DOJ, it must submit its plan to DOJ for approval. Acopy ofthe DO]approval letter must besubmitted toFDLE. The approval letter expires two years from the date ofthe letter. d Anubgrantrecipient orimplementing agency isexempt 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 D{}J o/ if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe, If an organization is exempt from the EE()P requirement, it must submit an EEO Certification toFDLE. e. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within GUdays ofthe project start date may result insuspension nr termination of funding, until such time as it is in compliance. f. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, oex, or disability against n recipient of funds, the recipient will forward a copy ofthe finding kzthe Office for Civil Rights, Office ofJustice Programs, 34. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA). Public Law 101-338. which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title |), state and local government services and transportation (Title U), public accommodations (Title 111), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C.Section 1324a(e)'Section 270\(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 aubgnant recipient ofthe employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract bythe Department. 3G.National Environmental Policy Act (NEPA) a. The subgrantreoipiert agrees tuassist FDLEincomplying with the NEPAand other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these subgnsntfunds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken inorder hzuse these subgnantfunds, @cY20O8 Page 10 Florida Department of Law Enforcement (1) New construction; (2) k4inorrenovadonorremode|ingofapropertyeither(a)|istedonore|igibkaforUstingon the National Register ofHistoric Places or located within a 100- earMood p|oin� (3) A renovation, |eaue, 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 ofanew program involving the use ofchemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used. for example, in offioe, househoN, necneaUono|, or educational environments. b. For any of a subgrant recipient's existing programs or activities that will be funded by these aubgnanbs, the uubgoant recipient, upon specific request from the Department and the U.S. Department ofJustice, agrees to onopnnsie with OOJ in any preparation by DDJ of national o/program environmental assessment nfthat funded program oractivity, 37. Non -Procurement, Debarment and Suspension The subgrantrecipient agrees tocomply 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 orisvoluntarily excluded from participating in this covered tnsnaaoUon, unless authorized bythe Department. |fthe nubgnantls$1OO.00Oormore, the subgnantrecipient and implementing agency certify that they and their principals: a. Are not presently debarned, uuupended, proposed for debarment, declared ina|igib|e, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions byany Federal department oragenoy� 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 obbaining, attempting to obtain, or performing o public (Federal, 3tate, or local) transaction nrcontract under opublic transaction; violation nfFederal orState antitrust nbytuh*s or commission of embezzlement, thaft, forgery, bhbery, falsification or destruction of records, making false statements, or receiving stolen property; c Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this 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 on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Pad6A. "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more. b, This certification ioematerial representation of' fact upon which reliance was placed when this agreement was made. Submission ofthis certification isaprerequisite toentering into SFY2009 Page/1 gram 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 tofile the required certification iosubject hzacivil penalty ofnot less than $1O.00Oand not more than $1OO.00Ofor each failure iofile. c. Asrequired bySection 1362.Title 31 oithe U.S.Code, and implemented ek28CFRPart 8A. for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFHPort 60.the applicant certifies <hat� (1) NoFederal appropriated funds have been paid orwill bepaid, byorunbehalf of'the undersigned, boany person for influencing urattempting hoinfluence anofficer or employee ofany agency, aMember ofCongress, anofficer oremp|oyeeofCongoaas. 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 extension, continuation, renewal, 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, aMember ofCongress, anofficer oremp|uyeeu[Congnaos.uranemp|oyeeof a Member of Congress in connection with this Federal grant or cooperative agreement, (heundens|gnedshoUoump|eteandoubmitStandardFonn-LLL."Dian|osuxacd 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. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose oflobbying the legislature ore stabs agency isprohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirenUy, in support of the enaobnent, nepea|, modification or adoption of any |ax, regulation or policy, at any level of government, without the express prior written approval of OJP� 41."Pay —tn—Stay" Funds from this award may not be used to operate a "pay -to -stay" program in any local jail. Furthermore, nofunds may begiven tolocal jails that operate ^pay-br'sbsv^programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated bycity, county, ormunicipality. |tdoes not include juvenile detention centers, "Pay -to - stay" programs as referenced in this condidon, means a program by which extraordinary aenvioeo, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided,, based upon as offender's apparent ability to pay, s.uch that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction, 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Metharnphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessmeWm pact statements as required under the National Environmental Policy Act. SFY2009 pageY2 Florida Department of Law Enforcement General Requirement: Theaubgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b, Specific Requirements� The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result inadverse health, safety and environmental impacts hz(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 ofthe siha(a)where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any ofclandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award-, and (3) implement these protective measures directly throughout the life nfthe aubgnant |nsodoing, the subgnant 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 projectwith OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed |eboratory� (5) Employ qualified disposal contractors to remove all chemicals and associated g|esswane, equipment, and contaminated materials and vvaobaa from the site(s) of each seized clandestine |aborabnry� (G) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance-, (8) Have in place and implement an inter -agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and SFY2OOQ Page/3 Florida Department ofLaw Enforcement (S) Have inplace and implement ewritten 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 violations; (iii) ensure immediate medical testing for methamphetaminehzxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. Limited English Proficiency In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Actof 1964' 42 U&C� § 2000d. recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English pnofioienoy(LEP), For more information on the civil rights responsibilities that recipients have in providing language services kzLEPindividuals, please see the wmbaihaa( 44. The Coastal Barrier Resources Act The mubQnanbeewill comply and assure the compliance ofall contractors with the provisions uf the Coastal Barrier Resources Act (Pl. 97-348) dated October 19. 1982 (18 USC 3501 otoeqj which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement ofSecurity Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement isundertaken, Conduct such anassessment with respect toeach such enhancement; and, submit tothe Department the aforementioned assessment inits Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing bythe EPA, 47. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Actcf1S73. Public Law 93-234, 87 SbsL 975. requiring that the purchase of flood insurance in communities where such insurance isavailable aeacondition nf the receipt cf any federal financial assistance for construction oracquisition purposes for use inany area that has been identified aaanarea having special flood hazards. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of1QGG(1GUS.C, §47O).Ex. Order 11593(identification and 3FY20O9 Page14 Florida Department of Law Enforcement protection of historic properties), the Archeological and Historical Preservation Actof1874(1G U.&C. §489a-1atseqj.and the National Environmental Policy Act of10OQ(42US.C. §4321), The aubgnantrecipient will comply and assure the romp|ianoeofaUcon�� ocrs.w�hthe applicable pro�sionaofTlUe|ofthe Omnibus ChmeConbn|and Safe Streets Act of1g88.an amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the [}fDma of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal |aws, orders, circulars, or regulations. The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub, L. No, 107-77) and agrees to remain in compliance during the life of the grant, This provision requires that the unit of local government which employs apublic safety officer (as defined bySection 12O4ofTitle |ofthe Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. 61. Human Research Subjects Grantee agrees to comply with the requirements of28 C.F.R. part 46 and all Office ofJustice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subjectinformed consent. 52. National Information Exchange Model specifications To support public safety and justice information sharing, (}JP requires the grantee to use the National Information Exchange Model (N|EN1) 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 tttpL//www.niem.gov/implementationquide.php, 53. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG), Compliance with these requirements will bemonitored byBJA. 54. Privacy Certification The subgnant recipient agrees to comply with all confidentiality requirements of42 U.S.C. section 3789g and 28 C.F,R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition ofgrant approval, to submit Privacy Certificate that is in accord with requirements of28 C F.R Part22 and, in particular, section 22.23, 3FY2OD0 Page/5 Florida Department of Law Enforcement 55. State Information Technology Point of Contaci The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This ishzfacilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In eddition, 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 1urisdindons, such systems shall employ, to the extent possible, existing networks anthe communication backbone toachieve interstate connectivity, unless the uubgranLrecipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality ofanexisting orproposed |Tsystem. 57.Supp{andny The recipient agrees that federal funds under this award will be used to supplement but not supplant state orlocal funds. S8.Conflict nfInterest The subgrant recipient and implementing agency will establish safeguards to prohibit employees 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 oubgnantrecipient will comply with the requirements ofthe Uniform Relocation Aas��noe and Real P rope�yAcquishionaAo of 1970 (42 U.S.C. § 4801 eLseqj. which govern ----the 60. Limitations on Government Employees Financed by Federal Assistance The aubgnantrecipient will comply with requirements cd5U�&C�§§15O1-0Oand 807324'28 which limit certain Political activities -~ ea of or local government employees whose ' employment iainconnection vvithanactivity �nancedinwhole orinpo�by�de—|assistance. 61. Equal Treatment for Faith Based Organizations The grantee agrees tocomply with the applicable requirements cf28C.F.R.Part 38 the Uepa�mentofJusUoeregulation governing ''Equa|Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"), The Equal Treatment Regulation provides in part7that Department of Justice grant awards of direct funding may not be used to fund any inherently religious aobviUes, such as wormhip, religious instruction, orproae|ybzahon Recipients of direct grants may udU engage in inherently religious aoUvides, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee orasub-grantee must bevoluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of abeneficiary's religion, SF92009 Pule Reference 7/D-9006 page Y� 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: 2009-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 8 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- Section A- Declaration Claiming ComPlete Exemption from the EEOP Requirement. Please check all the boxes that Opp lV- 11 Recipient has less than 50 employees, 0 Recipient 0 Recipient is an Indian tribe, is a non-profit organization, 11 Recipient is a medical institution, 0 Recipient is an educational institution, or El Recipient is receiving an award less than $25,000 [responsible official], certify that [] is prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R §42.302. 1 further certifyrecipientthat not required to [recipien) w� laws that prohibit discrimination in employment and in the delivery of servitces,ill comply with applicable Federal civil rights Print or type Name and Title Signature Date Section B Declaration Claiming Exem)tion from the EEOP S—Ubmission 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 S500,000, then the recipient agency does not have to submit an EEOP to Dip for review as long as it certifies the following (42 CX.R. § 42.305): 1, Roman Gastesi, County Administrator Iresponsible officiall, certify that the Monroe County Board of County Commissioners frecipientl,which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR §42,301, et seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on File in the office of., Monroe County EEO Coordinator at 1100 Simonton Street, Key West, FL 33040 forganizationj, faddressl,for review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by rele�vanZwsand regulations, Roman Gastesi, County Administrator '$`/� Print or type Name and Title Signature Date OMB Approval No. 1121-0140 Expiration Date: 0 1/31/06 RESOLUTION NO. 210s - 2008 Budget and Finance i i �• � . i i ! s•al a I NO i { i IN 1 . i ' • 4 + i. WHEREAS, the Florida Department of Law Enforcement has announced the Fiscal Year 2009 funding cycle of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and on • 2008, the Monroe County :•r • of • • agreed to serve as ii a r of government in the preparation of • grant proposals an• in the distribution of is allocated to MonroeCounty• of '' •• ii r raa • ',i ii •• • • ' •• �•• ii and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, 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 .Y .+2 09.grant funds to the Florida Department of Law Enforcement EdWa'd Byrne -Memorial Justice Assistance Grant (JAG) Program;. gnd'that,: , 3. This resolution shall become effective, i erately upon adoption by the Board of County Commissioner&,and Qxe ut H by the Presiding Officer and Clerk. 7 PASSED AND ADOPTED by the Qoar_ of County. Commissioners of Mtft& C pty, Florida, at a regular meeting of said iBoard hdlt3 bhithe 16t" day of July, A :, 2008: Mayor DI Gennaro .__Yew....,,. Mayor Pro Tern McCoy Yes - . -- Commissioner Murphy Yes s Commissioner Neugent Yes Commissioner Spehar Yes (Seal) DANNY L. KOLHAGE, Clark Monroe C unty Boarcj of ommissioners Atte t: By. r C erk of Court MayorMONROE COUNTY ATTORNEY APPRO`;'ED AS TO FORM: CNRiSTINE M. LIMBERT-BARROWS ASSISTANT COUNTY ATTORNEY Date 61R 408 S'TATB QF COUP' Tbis Copy is &',rue Capy Of the Wimes$ original oil File i tbisSea'fiso, my iAand aad Official /1* day of This Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. whiteout, etc. are not acceptable. Signature: Typed Name and Title: Date: 9" - .2 9 - 6 1, Typed Name of S Signature: ient: Monroe County Board of County Commissioners Typed Name and Title: Roman Gastesi, County Administrator '7 Date: / _ ? _P_ Monroe County Board of Typed Name of lm�t�inggene y.: County Commissioners Signature: Typed Name and Title: Roman Gastesi, County Administrator Date: Application Ref # 2009-JAGC-875 Contract -JAGC-MONR--- Section #6 Page 1 of 1 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005)