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2003-CJ-5A-11-54-01-104 11/20/2002 Cled( of die .. Circul coun Danny L. Kolhage Clerk of the Circuit Court Phone: (305) 292.3550 FAX: (305) 295-3663 e-mail: phancock@monroe-clerk.com Memorandum TO: Jennifer Hill, Director Management Services ATTN: Dave Owens Grants Management FROM: Pamela G. Han~ Deputy Clerk DATE: December 16, 2002 At the November 20, 2002, Board of County Commissioner's meeting the Board granted approval and authorized execution of the Fiscal Year 2003 Byrne State and Local Law Enforcement Formula Grants between Monroe County and the Florida Department of Law Enforcement for the following Programs: Florida Keys Outreach Coalition, Inc., Transitional Housing for the Homeless Substance Abuse Prevention Program, Grant No. 03-CJ-SA-II-S4-01-111, in the total amount of$13,94S.00; Guidance Clinic of the Middle Keys, Inc., Residential Detoxification Services for Monroe County Men and Women IV, Grant No. 03-CJ-SA-11-S4-01-108, in the total amount of $36,027.00; Peacock Apartments Dual Diagnosed Offender Program, Grant No. 03-CJ-SA-11-S4-01-109, in the total amount of $16,270.00; Monroe Youth Challenge Program II, Grant No. 03-CJ-SA-11-S4-01-106, in the total amount of $34,864.00; Guidance Clinic of the Middle Keys, Inc., Safeport Residential Drug and Alcohol Treatment Center II, Grant No. 03-CJ-SA-l1-S4-01-lOS, in the total amount of $69,727.00; and Samuel's House, Inc., Shelter for Women and Women with Children, Grant No. 03-CJ-SA-11-S4-01-104, in the total amount of$41,836.00. Enclosed is a duplicate original of each of the above mentioned for your handling. Should you have any questions please feel free to contact me. cc: County Administrator wlo documents County Attorney Finance File -/ RILE Florida Department of Law Enforcement Office of Criminal Justice Grants Mailing Address: Office of Criminal Justice Grants Florida Department of Law'Enforcement 2331 Phillips Road Tallahassee, Florida 32308 (850) 410-8700 James T. "Tim" Moore Commissioner September 30, 2002 The Honorable Charles McCoy Mayor, Monroe County Board of County Commissioners 530 Whitehead Street Key West, Florida 33040 Re: 03-CJ-5A-11-54-01-104 / Samuel's House, Inc. Shelter for Women and Women with Children 4 Dear Mayor McCoy: The Florida Department of Law Enforcement is pleased to award a Byrne State and Local Law Enforcement Formula Grant in the amount of $31,377 to your unit of government. These funds shall be utilized to implement a Byrne Program under Purpose Area 20A- Corrections Alternatives - Halfway House. A copy of the approved sub grant application with the above referenced grant number and project title is enclosed for your file. All correspondence with the Department should always refer to the grant number and project title. Your attention is directed to Section G of the subgrant, "Acceptance and Agreement". These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. Also, you should review the enclosed Subgrant Award Certificate. This certificate contains important information that applies to this award. The enclosed Certificate 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 Charles McCoy Page Two We look forward to working with you on this project. Ifwe can be of further assistance, please contact Beth Hamilton at (850)410-8700. Sincerely, QJ2..lJ-lL ~. ~ Clayt~~hi Wilder Community Program Administrator CHW /BH/mg Enclosures State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 03-CJ-5A-11~54-01-104 in the amount of $31,377, for a project entitled: Samuel's House, Inc. Shelter for Women and Women with Children 4 for the period of 10/01/2002 through 09/30/2003, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement1s conditions of acceptance and agreement and special conditions governing this subgrant. /'lfJl/c",...1o c.v %.0 ZoO 0 Z. / n/xi c.. S rC '" "'.... (Typed Name of Official) 1",--. .' ; C) /114.,/0""" , (Typed Title of Official) C~--l ~, o ::::J :"J 1'-'1 Monroe County :r:".!'t (Name of Subgrantee) C',) \...:."J- '" .) (,:> ::'~J Cl c:.J State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program SUB GRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: September 30, 2002 Grant period: From: 10/01/2002 To: 09/30/2003 Project Title: Samuells House, Inc. Shelter for Women and Women with Children 4 Grant Number: 03-CJ-5A-11-54-01-104 Federal Funds: $31,377.00 State Agency Match: Local Agency Match: $10,459.00 Total Project Cost: $41,836.00 Program Area: 20A Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-351, as amended, and the Anti....Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100.1D, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. 03-CJ-SA-ll-S4-01-104 SUBGRANT AWARD CERTIFICATE (CONTINUED): This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Au~Jz~O~~~~ Clayton H. Wilder Community Program Administrator q-,5c-o'2- Date Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Please read instructions before completing this applicat,ion. . The term "Department", unless otherwise stated, refers to the Department of Law Enforcement. J 'J ;,1 - 4 Z = J 2 j The term "OCJG" refers to the Office of Criminal Justice Grants. The term "subgrant recipient" or "subgrantee" refers to the governing body of a city, county, state agency, or'an Indian . "u..,_ ,~ . Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior. The term "implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency under the direction of an elected official for exam Ie, Sheriff or Clerk of the Court . A, Sub rant Data 1. This section to be completed by Subgrantee Continuation of Previous Subgrant? 0 Yes 0 No If Yes, enter CJ Contract # of Previous Subgrant SFY 2002 CJ Contract # 2002 - CJ - -1!::L - ....1.1- -54 B. - ~ - 132 OCJG CFDA #: 16.579 Name of Subgrant Recipient (Unit of Government): Monroe County Board of County Commissioners County Monroe Name of Chief Elected Official/ State Agency Head: Charles L. .Sonny" McCoy Title: Mayor City, County, State, Zip Code: Key West, FL 33040 Area Code I Phone # 305-292-3430 SUNCOM # Address: 500 Whitehead Street E-mail Address:boccdis3@mail.stateJl.us 2. Chief Financial Officer of Sub rant Reci Name of Chief Financial Officer: Danny Kolhage Area Code / Fax # 305-292-3577 County Monroe Title: Clerk of the Court, Monroe County City, County, State, Zip Code: Key West, FL 33040 Area Code I Phone # 305-292-3550 SUNCOM # Address: 500 Whitehead Street Area Code / Fax # 305-295-3663 E-mail Address: Name of Implementing Agency: Monroe County Board of County Commissioners Name of Chief Executive Official/ State Agency Head I Subgrantee representative (if a subordinate agency of the subgrant recipient): James L. Roberts Title: County Administrator County Monroe City, County, State, Zip Code: Key West, FL 33040 Area Code I Phone # 305-292-4441 SUNCOM # Address: 1100 Simonton Street E-mail Address:jlrobert@mail.stateJl.us Area Code / Fax # 305-292-4544 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 1 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Project Director Name of Project Director: David P. Owens County (Implementing Agency Employee) Title: Grants Administrator Monroe Area Code 1 Phone # Address: 1100 Simonton Street 305-292-4482 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # - Area Code 1 Fax # E-mail Address: mcgrnts@mail.state.n.us 305-292-4515 5. Contact Person Name of Project Director: David P. Owens County (Implementing Agency Employee) Title: Grants Administrator Monroe Area Code 1 Phone # Address: 1100 Simonton Street 305-292-4482 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # Area Code I Fax # E-mail Address: mcgrnts@mail.state.fl.us 305-292-4515 6. Person Responsible For Financial Reporting (if known) Name: David P. Owens County Monroe Title: Grants Administrator Address: 1100 Simonton Street Area Code 1 Phone # 305-292-4482 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # E-mail Address: mcgrnts@mail.state.n.us Area Code 1 Fax # 305-292-4515 7. Person Responsible For Programmatic Performance Reportina (if known) Name: David P. Owens County Title: Administrator Monroe - Address: 1100 Simonton Street Area Code I Phone # 305-292-4482 City, County, State, Zip Code: Key West, Florida 33040 SUNCOM # E-mail Address: mcgrnts@mail.state,t1,us Area Code I Fax # 305-292-4515 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program C. Administrative Data 1. Project Title: Samuel's House, Inc. Shelter for Women and Women with Children 2. Identify the year of the project (I, II, III, etc.) III 3. Project period I Start: 1 % 1 /02 I End: 09/30/03 D. Fiscal Data 1. (If other than the Chief Financial Officer) Remit Warrant to: Name: David P. Owens County Title: Grants Administrator Monroe Address: 1100 Simonton Street Area Code / Phone # 305-292-4482 City, County.-State, Zip Code: Key West, FL 33040 SUNCOM # E-mail Address: mcgrnts@mail.state.f1.us Area Code / Fax # 305-292-4515 2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer program? (Reimbursement cannot be remitted to any entity other than the subgrantee.) Yes XX No 3. Frequency of Fiscal Reporting: Monthly_ Quarterly XX 4. Vendor #: 596000749 5. State Agency SAMAS #: 6. Project Generated Income (PGI): Will the project earn PGI? (See Section G, Item 9.) Yes xxx_ No - 7. Cash Advance: Will you request an advance? Yes - Amount No XX If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section /I - Page 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant ProQram E. Proiect Narrative 1. Problem Identification: Briefly describe a specific problem to be addressed with subgrant funds in terms of Problem Description, Problem Significance and Needs Assessment, as described in the application instructions. Continue narrative on a second page if necessary. Do not exceed two pages. With affordable housing having a waiting list of 300 or more families and the cost of living for Monroe County is still the highest in the state. Key West is the fourth most expensive housing market in the nation. The majority of available employment is in the service industry with low wages, and no benefits. Combine these factors with the remote location of the Florida Keys, and the result is that our community is very vulnerable to homelessness. Most women coming out of jail, prisons, mental hospitals and treatment centers cannot obtain housing upon release. Samuel's House has provided a safe place for these women who would have nowhere to call their home. Currently, Samuel's House has been asked by the judicial system to provide service to a client who is under house arrest. She has been in the program for forty-five days and is excelling on her job and attending all the required meetings regarding substance abuse. Samuel's House has been asked to consider taking future clients that face prison terms. This becomes another service in helping women in Monroe County. This not only helps the women to become a productive member of society, but also relieves the judicial system of housing additional inmates. Without Samuel's House women would have to return to living in the mangroves, their cars, sleeping on sofas, lawn chairs, floors and porches. They would have to put their children at risk by returning to unsafe conditions. Many who have lost their welcome with family or friends would have to return to drug dealers and pimps in order to keep out of the elements of being homeless. Over the last three years of operation, Samuel's House has seen women who want to obtain permanent housing, but end up back in the system. Several factors are plain and simple, most addicts need a structure living environment in order to become and stay productive members of society. One of Samuel's House goals in the future is to provide permanent housing with structure living arrangements. Over the last three years, funding from the Byrne Grant has paid the salaries of a case manager and partial salary of the Assistant Case Manager. These two positions provide services that help women and women with children reach their short and long term goals after entering Samuel's House. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section II - Page 4 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Project Description: Briefly describe proposed project activities. Refer to Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You should include project goals, administration, enhancement/expansion, staff, service providers, clients or other participants, equipment, location, and expected project results, as described in the application instructions Samuel's House, Inc. is the only emergency shelter in Monroe County that provides homeless women and women with children a safe, secure environment to live for up to 90 days. Samuel's House has served 522 women and children since opening October 1,1999. Over sixty percent (60%) of the women who have come through the doors of Samuel's House have gone on to lead safe, productive lives having had the opportunity to re-group, for whatever reason. We serve all women regardless of age, race, creed, religion, national origin, sexual orientation or handicap in an atmosphere of strong spiritual values. We support women in their journey to recognize their own self-worth by being important to the group "family" experience at the shelter. To date Samuel's House has existed with three dedicated full time staff members. With our move to expanded facilities that enables us to serve up to 36 women and children at any given time. Case Management services provide women with care coordination to access all appropriate services/resources to help them become self-sufficient, including but not limited to: mental health counseling, AA, NA, vocational rehabilitation, dental and physical health care, domestic violence counseling, and sexual abuse counseling. The Case Manager and Assistant Case Manager are responsible for these duties. Each staff person comes with a wide variety of experiences related to serving people in need. The organization is qualified to continue to care for homeless women and a woman with children in Monroe County, as it has done for almost three years. Women in shelter struggle with a variety of challenges, often not limited to financial loss related to their homelessness. Life management skills and self-esteem programming at Samuel's House are needed to support our women in their journey to independence. Some of the common challenges facing a child in shelter are loss of self-esteem, difficulty expressing feelings positively, learning how to ask for help, feeling afraid or misplaced, adjusting to structure and limits, grief and loss, and fear for the well being of their parents. Our children also exhibit the behaviors of children with addicted parents. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section /I - Page 5 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Samuels House 1. Program Obiectives and Performance Measures: Up to three types of objectives may be included in this section of your subgrant application, Le., Uniform Objectives, Project- Specific Objectives and Self-Generated Objectives. If you are proposing a project in one of the Authorized Program Areas with no Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 410-8700 for further guidance. Continue on a second a e if necessa . 20A 01 20A02 20A.03 20A 04 a. List the number and title of the Program Area to be addressed. Refer to Appendix II, Part II, for a one-page listing of authorized program areas, 20A (#) Corrections Alternatives-Halfwav House (Title) b. List Uniform Objectives first, followed by any other appropriate objectives you may wish to address. Provide 75 offenders with transitional housing. Part 1 - During this reporting period, how many offenders were NEW ADMISSIONS and/or READMISSIONS to transitional housin ? Provide 75 offenders with case management services and daily structured activities. Part 1 - During this reporting period, were most offenders provided with case management services? Part 2 - Durin this re ortin eriod, were most offenders rovided with dail structured activities? Provide 75 offenders with short-term individual and group supportive life skills counseling. Part 1 - Durin this re ortin eriod were most offenders rovided life counselin ? Assist 75 offenders to become employed upon completion of their transitional housing program. Part 1 - During this reporting period, how many offenders were successfully transferred or discharged? Part 2 - During this reporting period, how many offenders became employed in a paid full or part-time job in the community? Part 3 - During this reporting period, how many offenders contributed towards their room and board? Part 4 - During this reporting period, how many offenders performed facility upkeep and maintenance chores? Part 5 - During this reporting period, how many offenders enrolled in academic education? Part 6 - During this reporting period, how many offenders enrolled in vocational education? Part 7 - During this reporting period, how many offenders received a general equivalency diploma? Part 8 - Durin this re ortin eriod, how man offenders received a vocational certificate? Self-generated objectives: 1. Case Management will be provided for 75 clients. 2. Daily structured activities will be provided for 75 clients. 3. Life skills counseling will be provided for 75 clients 4. One hundred percent (100%) of (adult) clients residing more than 7 days will receive a physical examination by the Rural Health Network of Monroe County or Womankind, Inc. 5. One hundred (100%) of (adult) clients residing more than 7 days will receive dental care provided by the Health Foundation of South Florida. 6. Adult clients in need of mental health evaluation residing more than seven days will receive this evaluation from the Care Center for Mental Health. 7. One hundred percent (100%) of adult women will remain drug free while in residence. 8. One hundred percent (100%) of clients will be provided with care coordination to access all available services/resources to help them become self-sufficient. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Sect/on /I - Page 6 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Activitv Implementation Schedule. Complete the Activity Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for reports with mandatory due dates for all projects. Place an additional "X" to indicate times applicable to your project, as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your Quarterly Performance Reports will be reviewed against this schedule. Subgrant Period October 1 , 2002 throuqh September 30, 2003 (Beginning Date - Ending Date) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar Aor Mav Jun Jul Auq Sep Submit Financial Reimbursement X X X X Requests Submit Financial Closeout Package X Submit Quarterly Program Reports X X X X (03) (03) (03) (03) Submit Quarterly PGI Reports (If applicable) Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Ufe Skills Training X X X X X X X X X X X Random Drug Testing X X X X X X X X X X X X Co-Dependency Meeting X X X X X X X X X X X X NAJAA Meetings X X X X X X X X X X X X Case Management X X X X X X X X X X X X FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section It - Page 7 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program F. Project Budget 1. Budget Schedule a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. b, Enter the amount of federal, matching, and total funds by budget category that you will use to support project activities. Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total Budget. c. Show all figures rounded to the next highest dollar; do not include cents. (Example $4,505.25 as $4,506). Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Salaries And Benefits Contractual Services $31,377 $10,459 Expenses Operating Capital Outlay Indirect Costs Totals $31,377 $10,459 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Total $41,836 i' S $41,836 Grant Application Section 1/. Page 8 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Budget Narrative a. The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, Indirect Costs). The Total Project Costs should be included. b. You must describe the line items for each applicable budget category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. Salary for Case Manager FICA 7.65% Health Insurance Salary for Assistant Case Manager FICA 7.65% $26,000 1,989 929 12,000 918 --------- --------- Grant Funds: Local Match: $41,836 31,377 10,459 Total Funds Requested: ---------- ---------- Total Grant Award: $ 41,836 Local Match provided by the Monroe County Grants Matching Funds. Case Manager and Assistant Case Manager's positions are funded through the Byrne Grant. Case Manager's and Assistant Case Manager's (55% of assistant case manager's position) positions, have been provided through The Byrne Grant, this last year and funding will be used to continue these positions. These two positions provide case management, 24 hours a day, 7 days a week. Benefits include match for FICA @7.65% and health insurance for Sandra Sam. Monroe County will contract with Samuels House, Inc. for this project. (Continue on additional DaQeS if necessarv.) FDLE Byrne Formula Grant Application Package Grant Application 9. Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program G. Conditions of Acceptance and Agreement Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 16 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide. 2. Reports a. Project Performance Reports The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16 of Section G, performance of Agreement Provisions. b. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient shall submit either monthly or quarterly claims in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. (4) Before the "final" claim will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by Febru'ry 1, May 1, August 1, and within forty-five (45) days after the subgrant terminaJion date covering subgrant project generated income and expenditures during the previous qutrter. (See Item 9, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. 3. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by OCJG. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 1/ - Page 10 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant ProQram b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-8?, and A-110, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 4. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 5. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 6. Advance Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181 (16)(b), Florida Statutes. the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department justifying the need for such funds. This request, including the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. 7. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds. 8. Travel and Training a. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain written approval from the Department for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes, c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 9. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S, Departm~nt of Justice Common Rule for State And Local Govemments and federal OMB Circular A-8?, "Cost PrinciPes for State. Local and Indian Tribal Governments", or OMB Circular A-21, "Cost Principles for Educational Institutions", .~ b. All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110 and Florida law to be eligible for reimbursement. 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 1/ - Page 11 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 _ Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110. This obligation 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, and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMS Circular A-110. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Audit a. Subgrant recipients that expend $300,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMS Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include \he contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rulestlfthe Florida Auditor General. b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. 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. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 12 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Office of Inspector General Post Office Box 1489 Tallahassee, Florida 32302-1489 16. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 17. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to OCJG, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendm~nt to this agreement. ~ 18. Excusable Delays ~ a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11 - Page 13 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major changes. These include, but are not limited to: a. Changes in project activities, target populations, implementation schedules, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total budgeted award. r 21. Disputes and Appeals \ a. The ~epartment shall make its decision in writing when responding to any dispute.irdisagreements or questions of fact arising under this agreement and shall distribute its response to air concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120. Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 14 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 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. 25. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign Section I. Signature Page, have the authority to request changes to the approved agreement. The Project Director has authority to submit Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other staff person signature authority for him/her, the chief officer or elected official must submit to the department a letter or resolution indicating the staff 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. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG 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 law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons cfnd positions of special trust or responsibility and require employment screening pursuant.~Chapter 435, F.S., using the level 2 standards set forth in that chapter. - b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. FOLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section /I - Page 15 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employmentshall be taken by the employing agency or by an authorized law enforcement officer and Submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines .Defining Drug Courts: The Key Components., January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 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 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 a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come ir;lto compliance. Federal law requires a subgrant-funded criminal intelligence system project to bet.in compliance with the Act and federal regulation prior to the award of federal funds. Th~.subgrant recipient is responsible for the continued adherence to the regulation governing the operation orthe system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of. or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 16 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non- Discrimination Regulations 28 CFR Part42, Subparts C, D, E, F, G and H. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. l. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any state agency, county or city receiving a single grant award for $500,000 or more OR an aggregate of grant awards for 51,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan app'roval is more than two years old, an updated Plan must be submitted. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101- 336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Tille 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 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it { .f? FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 17 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 OO-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded prowam or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federally appropriated funds have been paid or shall be paid to any person for influencing-or attempting to influence an officer or employee of any federal agency, a member of congress, %n officer or employee of congress, or an employee of a member of congress in~nnection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbyinq Activities. according to its instructions. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 18 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 38 of Section G. Conditions of Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. "Pay -to-Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not other.vise 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. 41. 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 assessmenUimpact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other govemmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award. it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. " 0: 1. Provide m~dical screeni0g of personnel ass!gned or to b~ assigned by the subg.f8l1tee to the seizure or closure If of clandestine methamphetamine laboratOries; , 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 19 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose o.f the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that ant residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and 9. Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. " .. .1,ti' FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 20 APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and. Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . (Select one of the following): XX Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant ~ecipient meets these criteria. it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): XX Has a Current EEO Plan _Does Not Have a Current EEO Plan I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 day!> after a subgrant application for federal assistance is approved or face loss of fede I funds. ~ Signature of Subgrantee Authorize Official Type Name: James L. Roberts Title County Administrator Subgrant Recipient: Monroe County Board of County Commissioners Date: May 31, 2002 POLE Byrne Formula Grant Application Package Revised 03/25/2002 EEO Certification Appendix IV - Page 1 of 2 - ~~- Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program H. Signature Page 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 duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: QQ ~ -t- ~u..u1A..> Typed Name and Title: Clayton H. Wilder. Community ProQram Administrator Date: '1 - ~ 6- u '2.. ,.', .',,' Subgrant Recipient: ...,.~,',~!!...-, ,;,i;.1;t',~.,- , " Authorizing Official of GovemmentaQ.Jrlit"", . '~f:');,)~~> (Commission Chairman, Mayor, orDesfgnated Representative) ,.,<'':'~~2:t~~:,'. Typed Name of Subgrant Recipient: Monroe County Board of County Commissioners J~~--k Signature: Typed Name and Title: James L. Roberts. County Administrator Date: May 31, 2002 .' Implementing Agency.,.'.: Official, Administrator or Designated Representatlv~ Typed Name of Implementing Agency: Monroe County Board of County Commissioners Signature: - -./~~ Typed Name and Title: James L. Roberts. County Administrator Date: May 31, 2002 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section /I - Page 21 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant ProQram H. Signature Page 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 duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Crimhial Justice Grants Signature: Qojb~. w&~ Typed Name and Title: Clavton H. Wilder. Communitv Proqram Administrator Date: ~-:so-{)"1,...- , 5ubgranU~ecipi~':1t '''<;:,i~Jk,.:~':.;':: '1';-' .,' <~,~ ;'~"_, Authorizing Official of Governmen,taIUnlt';;'i;':'- ~i<:./.~,::< '(Commission Chairman, Mayor, or besign'ate~fR~p're:sentative)-'~' ' Signature: Typed Name and Title: James L. Roberts, Countv Administrator Date: May 31, 2002 Implementing Agency<;~}.: . Official, Administrator or Designated Representative Typed Name of Implementing Agency: Signature: Typed Name and Title: James L. Roberts, Countv Administrator Date: May 31, 2002 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section II - Page . _ ~ \ -