FY2005 10/20/2004
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
January 31, 2005
TO:
Salvatore Zappulla, Director
Office of Management & Budget
ATTN:
FROM:
Dave Owens
Grants Management
Pamela G. Han~
Deputy Clerk
At the October 20, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Funds Agreement between Monroe County and Care
Center for Mental Health to implement a program that provides Family Treatment Drug Court in
the total amount of$71,764.00.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Administrator wlo document
County Attorney
Finance
File./
EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
FORMULA GRANT FUNDS AGREEMENT
THIS AGREEMENT is made and entered into this Zl)1A day of (!}c'T ,
2004, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY,"
and Care Center for Mental Health whose address is 1205 Fourth Street, Key West, Florida,
hereinafter referred to as "PROVIDER."
WITNESSETH
WHEREAS, the Florida Department of Law Enforcement has awarded a sub-grant of
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds to
the COUNTY to implement a program that provides Family Treatment Drug Court; and
WHEREAS, the County is in need of an implementing agency to provide said services
under this Program; and
WHEREAS, the PROVIDER is the sole provider of this program; and
WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial State
and Local Law Enforcement Assistance Formula Grant Funds to the PROVIDER in accordance
with the COUNTY'S application for the Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Funds.
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and the PROVIDER agree as follows:
1. TERM - The term of this Agreement is from October 1, 2004, through September 30,
2005, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein.
2. SERVICES - The PROVIDER will provide services as outlined in the COUNTY'S
Edward Byrne Memorial State And Local Law Enforcement Assistance Formula Grant Award,
attached and made a part hereof.
3. FUNDS - The total project budget to be expended by the PROVIDER in performance
of the services set forth in Section 2 of this agreement shall be the total sum of $71,764.00.
The total sum represents federal grant/state sub-grant support in the amount of $53,823.00 and
local matching funds in the amount of $17,941.00, which amount shall be provided by the
county through the grant matching funds account. All funds shall be distributed and expended
in accordance with the Project Budget Narrative submitted as outlined in the grant agreement.
4. INCORPORATION BY REFERENCE - The provisions of those certain documents
entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law
Enforcement Subgrant Award Certificate and Application" therefor and all laws, rules and
regulations relating thereto are incorporated by reference, (Attachment C).
5. IMPLEMENTING AGENCY BOND - The PROVIDER is an implementing agency
under the COUNTY'S Edward Byrne Memorial State and Local Law Enforcement Assistance
Formula Grant Program, and shall be bound by all the provisions of the documents
incorporated by reference in Section 4 of this Agreement. Additionally, the PROVIDER shall be
bound by all laws, rules, and regulations relating to the COUNTY'S performance under the
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program.
6. BILLING AND PAYMENT
(a) The PROVIDER shall render to the COUNTY, at the close of each calendar month,
an itemized invoice properly dated, describing the services rendered, the cost of the services,
and all other information required by the Program Director. The original invoice shall be sent to:
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL 33040
(b) Payment shall be made after review and approval by the COUNTY within thirty (30)
days of receipt of the correct and proper invoice submitted by the PROVIDER.
7. TERMINATION - This Agreement may be terminated by either party at any time, with
or without cause, upon not less than thirty (30) days written notice delivered to the other party.
The COUNTY shall not be obligated to pay for any services provided by the PROVIDER after
the PROVIDER has received notice of termination. In the event there are any unused Edward
Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds, the
PROVIDER shall promptly refund those funds to the COUNTY or otherwise use such funds as
the COUNTY directs.
8. ACCESS TO FINANCIAL RECORDS - The PROVIDER shall maintain appropriate
financial records which shall be open to the public at reasonable times and under reasonable
conditions for inspection and examination and which comply with the Agreement incorporated in
Section 4 of this Agreement.
9. AUDIT - The PROVIDER shall submit to the COUNTY an audit report covering the
term of this Agreement, within one-hundred twenty (120) days following the Agreement's lapse
or early termination and shall also comply with all provisions of the Agreement incorporated in
Section 4 of this Agreement.
10. NOTICES - Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered United States mail, with return receipt requested, and
sent to:
FOR COUNTY:
David P. Owens
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL 33040
FOR PROVIDER:
Executive Director
Care Center for Mental Health
1205 Fourth Street
Key West, FL 33040
Either of the parties may change, by written notice as provided above, the addresses or
persons for receipt of notices.
11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the
Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level
sufficient to allow for the services specified herein, this Agreement may then be terminated
immediately, at the option of the COUNTY, by written notice of termination delivered in person
or by mail to the PROVIDER at its address specified above. The COUNTY shall not be
obligated to pay for any services provided by the PROVIDER after the PROVIDER has received
notice of termination.
12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services
pursuant to this Agreement, the PROVIDER shall abide by all statutes, ordinances, rules, and
regulations pertaining to, or regulating the provision of, such services, including those now in
effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State
of Florida and Article 1 of the United States Constitution, which provide that no revenue of the
state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect
or religious denomination or in aid of any sectarian institution. Any violation of said statutes,
ordinances, rules, or regulations shall constitute a material breach of this Agreement
immediately upon delivery of written notice of termination to the PROVIDER. If the PROVIDER
receives notice of material breach, it will have thirty days in order to cure the material breach of
the contract. If, after thirty (30) days, the breach has not been cured, the contract will
automatically be terminated.
13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall
assign this Agreement or any interest under this Agreement, or subcontract any of its
obligations under this Agreement, without the written consent of the other.
14. INDEPENDENT CONTRACTOR/EMPLOYEE STATUS - The PROVIDER is an
independent contractor. No statement in this agreement shall be construed so as to find the
PROVIDER, its employees, contractors, servants, volunteers, or agents to be employees of the
COUNTY. Persons employed by the PROVIDER in the performance of services and functions
pursuant to this Agreement shall have no claim to pension, worker's compensation,
unemployment compensation, civil service or other employee rights or privileges granted to the
COUNTY'S officers and employees either by operation of law or by the COUNTY.
15. INDEMNIFICATION - The PROVIDER agrees to hold harmless, indemnify, and
defend the COUNTY, its commissioners, officers, employees, and agents against any and all
claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or
related to the provision of services hereunder by the PROVIDER.
16. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
afffl<edbe.r:etp by the proper officers thereof for the purposes herein expressed at Monroe
C~l.hlt~:~,?!ida~ on the day and year first written above.
f"'.
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.,,;~~EAtT': . . ' BOARD OF COUNTY COMMISSIONERS
{:,:.:.t...~i.b.......~....~T.....: ....0. .A~~Y; KOLHA;E, Clerk OF MON~E =tTY: F~'~~ _
',.:@1f.;J~.~i~~r...~ By: //~ " "--.' ~
""'~. bepuly Clerk ~~___" MaNr/Cha"m~n
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CareC~Dter for Mental Health
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ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service Organizations,
county travelers, and contractual parties who have reimbursable expenses associated with
Monroe County business. These guidelines, as they relate to travel, are from Florida Statute
112.061.
A cover letter summarizing the major line items on the reimbursable expense request needs
to also contain a notarized certified statement such as:
"I certify that the attached expenses are accurate and in agreement with the records
of this organization. Furthermore, these expenses are in compliance with this organization's
contract with the Monroe County Board of County Commissioners."
Invoices should be billed to the contracting agency. Third party payments will not be
considered for reimbursement. Remember, the expense should be paid prior to requesting a
reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the
contract. This document should not be considered all-inclusive. The Clerk's Finance
Department reserves the right to review reimbursement requests on an individual basis.
Any questions regarding these gUidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter-company allocations are not
considered reimbursable expenditures unless appropriate payroll journals for the charging
department are attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is
needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or
hourly rate, total hours worked, withholding information and payroll taxes, check number
and check amount. If a Payroll Journal is not provided, the following information must be
provided: check amount, check number, date, payee, support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for
reimbursement. For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are
not allowable expenses.
Reproductions, Copies, etc.
A log of copy expenses as they relate to the County contract is required for reimbursement.
The log must define the date, number of copies made, source document, purpose, and
recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the
vendor invoice and a sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A user log of pertinent information must be remitted including: the party called, the caller,
the telephone number, the date, and the purpose of the call.
Travel Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of
Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061.
Credit card statements are not acceptable documentation for reimbursement. If attending a
conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the
original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to
facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel
purchases should be documented with paid receipts. Taxis are not reimbursed if taken to
arrive at a departure point: for example, taking a taxi from one's residence to the airport for
a business trip is not reimbursable. Parking is considered a reimbursable travel expense at
the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero.
Room must be registered and paid for by traveler. The County will only reimburse the
actual room and related bed tax. Room service, movies, and personal telephone calls are
not allowable expenses.
Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal
gUidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before
noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m.
for dinner reimbursement.
Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while
on County business. An odometer reading must be included on the state travel voucher for
vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For
example, driving form one's home to the airport for a business trip is not a reimbursable
expense.
Non-allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures
(unless specifically included in the contract), contributions, depreciation expenses (unless
specifically included in the contract), entertainment expenses, fundraising, non-sufficient
check charges, penalties and fines.
ATTACHMENT B
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for ( Organization name) for the time
period of to
Check # Payee Reason Amount
101 Company A Rent $ X,XXX.XX
102 Company B Utilities XXX.XX
104 Employee A P/R ending 05/14/01 XXX.XX
105 Employee B P/R ending OS/28/01 XXX.XX
(A) Total $ X.XXX.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) $ X.XXX.XX
I certify that the above checks have been submitted to the vendors as noted and
that the expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in compliance with this
organization's contract with the Monroe County Board of County Commissioners and
will not be submitted for reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this _ day of 2001
by who is personally known to me.
Notary Public
Notary Stamp
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
/1'1J/J1;/1 ~cJIP
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
~e~
Date: 1p'--p2/~ ~
.
STATE OF
Florida
COUNTY OF
Monroe
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
Marshall Wolfe
who, after first being sworn by me, affixed his/her
signature (name of individual signing) in the space provided above on this 21st
day of
October
,20 04 .
~~~v
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4
L
fa O""IlIlIIJl..
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.................
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PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list."
4+f-- "" M _+ c.
Florida Department of
Law Enforcement
Office of Criminal Justice Grants
Mailing Address:
Office of Criminal Justi
Florida Department of La
2331 Phillips Road
Tallahassee, Florida 32308
(850) 410-8700
FDLE
Guy M. Tunnell
C ommiss ioner
AUG 4 2004
The Honorable Murray Nelson
Mayor, Monroe County
Board of Commissioners
500 Whitehead Street, Suite 102
Key West, Florida 33040
Re: 05-CJ-K3-11-54-01-081 / Family Treatment Drug Court Program 1
Dear Mayor Nelson:
The Florida Department of Law Enforcement is pleased to award a Byrne State and Local
Law Enforcement Formula Grant in the amount of $53 ,823 to your unit of government.
These funds shall be utilized to implement a Byrne Program under Purpose Area 13D _
Drug Court - Treatment.
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 A ward 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 Murray Nelson
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)410-8700.
Sincerely,
c~~~~; ~
Community Program Administrator
CHW/JP/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
05-CJ-K3-11-54-01-081 in the amount of $53,823.
for a project entitled: Family Treatment Drug Court Program 1
for the period of 10/01/2004 through 09/30/2005. to be implemented
in accordance with the approved subgrant application. and subject to
the Florida Department of Law Enforcement's conditions of acceptance
and agreement and special conditions governing this subgrant.
(Signature of Authorized Official)
(Date of Acceptance)
(Typed Name of Official)
(Typed Title of Official)
Monroe County
(Name of Subgrantee)
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
Byrne Formula Grant Program
SUBGRANT AWARD CERTIFICATE
Subgrantee: Monroe County Board of Commissioners
Date of Award:
,~.lIG
4 2004
Grant Period:
From: 10/01/2004 To: 09/30/2005
Project Title: Family Treatment Drug Court Program 1
Grant Number: 05-CJ-K3-11-54-01-081
Federal Funds: $53,823.00
State Agency Match:
Local Agency Match:
$17,941.00
Total Project Cost:
$71,764.00
Program Area: 13D
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-II0 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.
05-CJ-K3-11-54-01-081
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.
QQ~~ ~. ~
AuthorizJd Offlclal
Clayton H. Wilder
Community Program Administrator
8"-'2-t>~
Date
Appl.ication for Funding Assistance _'_'_~_~^'~_~
Florrda Department of Law Enforcement ;'; .,",'. i} ."-,, ..T
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula ( rdhl< ~ J "IV' i.: J
Please read instructions before completing this applicatio 1.
JUN - 8 2004
.
The term "Department", unless otherwise stated, refers to the Department of Law Enforcen MtcE Or: CRI'\11NAL <:' ~
The term "OCJG" refers to the Office of Criminal Justice Grants. r ~.I JILTlCt GRANTS
The term "subgrant recipient" or "subgrantee" refers to the governing body of a city, county, state agency: or an
Indian 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 example, Sheriff or Clerk ofthe Court). It may also be an entity
eligible to be a subgrantee (ex. City of Live Oak)
Instructions are incorporated in this document by reference.
.
.
.
.
A. Subarant Data
1. This section to be completed by Subgrantee 2. This section to be completed by OCJG
Continuation of Previous Subgrant? 0 Yes 0 No r4~ject I D # I Progrr~ ~rea #:, CFDA #: 16.579
If Yes, enter CJ Contract # of Previous Subgrant o -08'
SFY 2004 CJ Contract # SFY 2005 CJ Contract #
2004- CJ - - - - - - - 2005 - CJ ~ -}L ~ -01.-aBJ
- --
B. Applicant Information
1. Subgrant Recipient (Subgrantee)
Name of Subgrant Recipient (Unit of Government): Monroe County Board of County
County Commissioners Monroe
Name of Chief Elected Official I State Agency Head: Murray Nelson
Title: Mayor
Address: 99198 Overseas Highway Area Code I Phone #
305-852-7175
City, County, State, Zip Code: Key Largo, Monroe, Florida, 33037 SUNCOM #
E-mail Address: boccdis4@monroecounty-f1.gov Area Code I Fax #
305-852-7162
2. Chief Financial Officer of Subgrant Recipient (Subgrantee)
Name of Chief Financial Officer: Danny L. Kolhage County
Monroe
Title: Clerk of the Circuit Court
Address: 500 Whitehead Street Area Code I Phone #
305-292-3550
City, County, State, Zip Code: Key West, Monroe, Florida, 33040 SUNCOM #
E-mail Address: Area Code I Fax #
305-295-3663
3. Implementing Agency
Name of Implementing Agency: Monroe County Board of County Commissioners County
Name of Chief Executive Official I State Agency Head I Subgrantee representative Monroe
(if a subordinate agency of the subgrant recipient): Murray Nelson
Title: Mayor
Address: 99198 Overseas Highway Area Code I Phone #
305-852-7175
City, County, State, Zip Code: Key Largo, Monroe, Florida, 33040 SUNCOM #
E-mail Address: boccdis4@monroecounty-fl.gov Area Code I Fax #
305-852-7162
FDLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 1
OCJG - 005 (rev. April 2004)
Rule 110-9.006
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) Monroe
Title: Grants Administrator
Address: 1100 Simonton Street Area Code / Phone #
305-292-4482
City, County, State, Zip Code: Key West, Monroe, Florida, 33040 SUNCOM #
E-mail Address: owens-david@monroecounty-f1.gov Area Code / Fax #
305-292-4515
5. Contact Person
Name of Contact Person: same County
(if other than Project Director)
Title:
Address: Area Code / Phone #
City, County, State, Zip Code: SUNCOM #
E-mail Address: Area Code / Fax #
6. Person Responsible For Financial Reportina (if known)
Name: David P. Owens County
Monroe
Title: Grants Administrator
Address: 1100 Simonton Street Area Code / Phone #
305-292-4482
City, County, State, Zip Code: Key West, Monroe, Florida, 33040 SUNCOM #
E-mail Address: owens-david@monroecounty-f1.gov Area Code / Fax #
305-292-4515
7. Person Responsible For Programmatic Performance Reporting (if known)
Name: David P. Owens County
Monroe
Title: Grants Administrator
Address: 1100 Simonton Street Area Code / Phone #
305-292-4482
City, County, State, Zip Code: Key West, Monroe, Florida. 33040 SUNCOM #
E-mail Address: owens-david@monroecounty-f1.gov Area Code / Fax #
305-292-4515
8. Service Provider Contact Person
Name: Debra Genners County
Monroe
Title: Chief Operations Officer
Address: 1205 Fourth Street Area Code / Phone #
(305)292-6843
City, County, State, Zip Code: Key West, Monroe, FL 33040 SUNCOM #
(305)464-6843
E-mail Address: debra.genners@care-center.org Area Code / Fax #
(305)292-6723
FDLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 2
OCJG - 005 (rev. April 2004)
Rule 110-9.006
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: Family Treatment Drug Court Program
2. Identify the year of the project (I, II, III, etc.) new
3. Project period I Start: 10/01/04 I End: 09/30/05
D. Fiscal Data
Remit Warrant to: (This may only be either the individual listed in B2 (Subgrantee CFO) or a designee in
their office. If B2 is selected, do not reenter the contact information. This is onlv needed for desianee.
B2 XX
OR
DESIGNEE
Name:
Title:
Address:
City, State, Zip
Phone Number:
2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer proaram?
(Reimbursement cannot be remitted to any entity other than the subgrantee.)
Yes XX No
3. Frequency of Fiscal Reporting: Monthly_ Quarterly XX
4. Subgrant Recipient FEID #: 59-6000749
5. State Agency SAMAS #:
6. Project Generated Income (PGI):
Will the project earn PGI? (See Section G, Item 9.) Yes_ No XX
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. Amount requested must be justified and accepted by FDLE.
FDLE Byrne Formula Grant Application Package
Grant Application
Section II - Page 3
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
E. Project 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. Use a
readable size font, per instructions.
This program addresses the outpatient substance abuse treatment needs of
domestic abuse offenders.
The problem is significant because it affects more than just the offender. The
whole family feels the effects of the offender's substance abuse problem, physically,
mentally, and economically.
The demand for outpatient substance abuse treatment in Monroe County far
exceeds the County's capacity. The Florida Department of Children & Families (DCF)
indicates that there are about 864 reports of abuse and neglect per year in Monroe
County. DCF estimates that 75% of the reports have substance abuse involvement.
Of the number of reports made, about 143 cases are filed in Dependency Court each
year. An estimated 205 children in the state of Florida, die each year as a result of
child abuse.
Despite the Dependency Law Intent, noted in Florida Statute 39.001, to provide
for the care, safety, and protection of children in an environment that fosters healthy
social, emotional, intellectual, and physical development, there are no identified
funding sources to support a Drug Court Model for the Substance Abusing
Dependency Court participants in the Middle and Upper Keys.
Whether located in a small jurisdiction (population under 200,000) or a large
metropolitan area (population over 750,000), retention rates for drug courts remain
high, from 65% to 85%. As of June 2001, there were 2,100 drug-free babies born to
drug court participants enrolled in drug court programs. Approximately 230,000
individuals have entered treatment services through adult drug court programs in the
United States as of January 1,2002. Sixty-one percent (61 %) of drug court treatment
providers report that the annual cost of treatment services per client ranges between
$900 and $3,500. Given this range, the average annual cost per defendant for
treatment services is far lower than the $20,000 average annual cost of incarceration.
FDLE Byrne Formula Grant Application Package
Grant Application
Section II - Page 4
OCJG - 005 (rev. April 2004)
Rule 11 D-9.006
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
This section should address the basic points of who, what, when, where, and how.
Continue on additional a es if necessa ; do not exceed three a es.
The Care Center for Mental Health will provide a Drug Court model of substance abuse treatment
services for identified substance-involved dependency cases in the Middle and Upper Keys. There will be
one new qualified therapist at the Upper Keys Care Center Facility, who will also travel to the Middle Keys
to provide services in that area.
We plan to provide treatment services to an ongoing caseload of 20 child abuse offenders who
also have a substance abuse problem. All 20 participants will undergo urinalysis. We expect that 12
(60%) of the program participants will complete the prescribed treatment regime. Additionally, all 20
participants will be referred to community resources to build a support system.
The Care Center's Family Treatment Drug Court therapist will provide comprehensive
intervention and treatment services to individuals and families suffering from the adverse effects of
substance abuse and dependence. Services are offered through a variety of educational outpatient
treatment modalities.
The Family Treatment Drug Court Program supports the risk and protective theory of substance
abuse and the bio-psychosocial model of addiction. Each individual is exposed to risk and protective
factors for substance abuse within the domains of individual, family, peer, school, community and society.
Substance abuse and dependency occurs through the complex interaction of biological (genetics,
changes in brain chemistry), psychological (beliefs, values, cognition), and sociological (drug availability,
social and cultural norms) factors. The ultimate goal of services is the prevention, reduction or
elimination of the negative effects of alcohol and other drugs and the amelioration of any associated
problems.
The Family Treatment Drug Court Program supports a philosophy of research driven and
evidence-based prevention, intervention and treatment protocols. Prevention services strive to decrease
risk and strengthen protective factors. Treatment services focus upon client strengths and the appropriate
use of clinical techniques to move clients through the treatment process in a supportive, motivational, and
progressive manner towards positive outcomes. Services are organized consistent with a stage-based
model of prevention, outreach and referral, clinical evaluation, treatment delivery and transitional care.
Clients are treated in the least restrictive environment. Treatment planning is based on the
outcome of the evaluation, builds upon client strengths and addresses engagement, early recovery and
continuing care issues. Treatment services utilize evidence-based practices that address substance
abuse, mental health and related issues in an integrated manner. Services are designed to be culturally
appropriate. Continuing care integrates relapse prevention, individual counseling as needed, support
groups, employment/education guidance and strengthening of relationships with family and friends.
All clinical services are provided with the intent of engaging clients early. Client and counselor
attributes, , skills, and program characteristics are assessed on an on-going basis.
Admission to treatment is based on urinalysis results and a psychosocial assessment, which
FDLE B me Formula Grant A lication Packa e
Grant A lication
Section /I - Page 5
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant ProQram
addresses the drug and alcohol patterns, family, medical, educational, vocational, legal, environmental
and mental status of the client. Information from other sources (i.e., family, other treatment centers,
probation officers, etc.), is obtained when appropriate. Clients will be treated in the most appropriate,
least restrictive setting. We consider the severity of abuse and dependence, medical needs, prior
treatment and outcomes, life skills (education, vocational, etc.) and external support systems.
Clients in need of immediate medical treatment for dependence will be referred to an appropriate
medical provider. Medical histories will be completed on all clients, and they will be referred for medical
follow-up when appropriate.
Treatment plans will be individualized and developed with the client. The plan will be updated at
least monthly. Intervention strategies will include individual, group, and family therapy in addition to on
going urinalysis and monthly Drug Court Status Hearing attendance. The program will last about 12
months.
Clients at immediate risk of suicide or homicide or needing psychiatric care will be referred to the
area Crisis Stabilization Unit.
Clients in need of other services beyond the scope of the program will be referred appropriately.
A variety of community resources exists, and referral handbooks are available to our clients. Referrals
will be documented in the clinical record and follow-up information obtained.
All clinical services are conducted under the supervision of a qualified supervisor. Supervisors
will provide consultation, clinical supervision, and review of work performance and record reviews. In
addition, all psychosocial assessments and treatment plans are reviewed and co-signed by a
credentialed addiction professional. The program conducts quality improvement reviews of care quarterly.
Step by step process of the drug court.
(1 )-Case identified by Department of Children and Families, referral made for Drug Court assessment by
DC&F or Judge. (2)-Assessment conducted by Drug Court by qualified professional (3)-lf client meets
treatment eligibility criteria per SASSI, DSM IV, urinalysis results, a recommendation for placement is
made and Judge places the client in the program.
Clients in the program have been charged with child neglect or other charges in which substance
abuse has been identified by DC&F counselors as an issue, as well as possession of controlled
substances.
Clients appear before the judge monthly, attend group therapy weekly, and individual therapy as often
as weekly, depending on which phase of treatment the client is in. Frequency of family sessions is
determined in the case plan.
FDLE B me Formula Grant A lication Packa e
Grant A Iication
Section 1/ - Page 6
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Fund ing Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
3. ProQram Obiectives and Performance Measures: Up to three types of
objectives may be included in this section of your subgrant application, i.e.,
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 FOLE, Office of Criminal Justice Grants, at (850) 41 0-
8700 for further uidance. Continue on a second a e if necessa .
a. List the number and title of the Program Area to be addressed. Refer to
Appendix II, Part II, for a listing of authorized program areas. (Select only 1
Program Area)
013-0
(#)
Oruq Court
(Title)
b. List Uniform Objectives first, followed by any other appropriate objectives you
may wish to address. If additional objectives are included, please identify
whether they are Project Specific or Self-Generated Objectives. Uniform and
Project Specific Objectives form the basis for collection of data and quarterly
performance reporting.
Uniform Obiectives (Mandatory, copy as worded for the program area
addressed and include all appropriate questions.
Include Objectives from only 1 program area, Objectives
from a different program area could be included as
Project Specific Objectives).
Part 1 - During this reporting period, how many clients were provided
DETOXIFICATION services? [This number should only include those clients who
were NEW ADMISSIONS and/or READMISSIONS during this reporting period].
Part 2 - During this reporting period, how many clients were provided
INTERVENTION services? [This number should only include those clients who were
NEW ADMISSIONS and/or READMISSIONS during this reporting period].
Part 3 - During this reporting period, how many clients were provided OUTPATIENT
services? [This number should only include those clients who were NEW
013.01 ADMISSIONS and/or READMISSIONS during this reporting period].
Part 4 - During this reporting period, how many clients were provided Level 1
RESIDENTIAL services? [This number should only include those clients who were
NEW ADMISSIONS and/or READMISSIONS during this reporting period].
Part 5 - During this reporting period, how many clients were provided Level 2
RESIDENTIAL services? [This number should only include those clients who were
NEW ADMISSIONS and/or READMISSIONS during this reporting period].
Part 6 - During this reporting period, how many clients were provided Level 3
RESIDENTIAL services? [This number should only include those clients who were
NEW ADMISSIONS and/or READMISSIONS during this reporting period].
Part 7 - Durin this re ortin eriod, how man clients were rovided AFTERCARE
FDLE Byrne Formula Grant Application Package
Numeric
Rule 11 D-9.006
Grant Application
Section /I - Page 7
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
013.02
services? [This number should only include those clients who were NEW
ADMISSIONS and/or READMISSIONS during this reporting period].
Part 8 - During this reporting period, how many clients were provided level 4
RESIDENTIAL services?
Provide an array of treatment services.
Part 1 - Were most clients provided psychosocial assessments?
Part 2 - Were some clients provided diagnostic services?
Part 3 - Were most clients provided urinalysis?
Part 4 - Were most clients provided case management services?
Part 5 - Were most clients provided counseling services?
Part 6 - Were some clients provided rehabilitation services?
Part 7 - Were some clients provided with court liaison services?
Part 8 - Were a significant number of clients referred to outpatient or residential
treatment or other community services?
Part 9 - Were most clients provided relapse prevention training services?
Part 10 - Were most clients provided vocational training and emolovment services?
Assist eight (8) clients to successfully complete their treatment plan.
Part 1 - During this reporting period, how many DETOXIFICATION clients
successfully COMPLETED their treatment?
Part 2- During this reporting period, how many INTERVENTION clients successfully
COMPLETED their treatment?
Part 3- During this reporting period, how many OUTPATIENT clients successfully
COMPLETED their treatment?
Part 4- During this reporting period, how many RESIDENTIAL clients successfully
COMPLETED their treatment?
Part 5- During this reporting period, how many AFTERCARE clients successfully
COMPLETED their treatment?
Y/N
013.03
Numeric
FDLE Byrne Formula Grant Application Package
Grant Application
Section II - Page 8
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
4. Activity 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 Quarterlv Performance Reports will be reviewed against this schedule.
October 1. 2004 throuah September 30. 2005
Subgrant Period (Beginning Date - Ending Date)
Administrative Activities
ACTIVITY Oct Nov Dec Jan Feb Mar Apr May 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
(05) (05) (05) (05)
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
Substance abuse treatment X X X X X X X X X X X X
Drug testing X X X X X X X X X X X X
AssessmenVprepare treatment plan X X X X X X X X X X X X
Referral to appropriate agencies X X X X X X X X X X X X
FDLE Byrne Formula Grant Application Package
Rule 110-9.006
Grant Application
Section II - Page 9
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
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
Total
Salaries And
Benefits
Contractual
Services
$53,823
$17,941
$71,764
Expenses
Operating Capital
Outlay
Indirect Costs
Totals
$53,823
$17,941
$71,764
FDLE Byrne Formula Grant Application Package
Rule 110-9.006
Grant Application
Section II - Page 10
OCJG - 005 (rev. Apri/2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
2. Bud et 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
(OCO), 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.
Continue on additional a es if necessa .
Please respond to the following five items before providing the details of the Budget Narrative.
1. Source of match must be cash and represent no less than twenty-five (25) percent
of the project's cost.
a. Identify your specific sources of matching funds. Monroe County General
Revenue Fund
b. Is match available at the start of the grant period? yes
c. If match will be provided from a source other than the subgrant recipient or the
implementing agency, how will the match be tracked and verified? (The
subgrantee is responsible for compliance.) nfa
2. 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 initial year?
No:
x
If no, please explain. Contractual Services
Yes:
If yes, please list number and title of position and type of
benefits.
3. Indicate the OCO threshold established by the subgrantee. $750.00
4. If Indirect Cost is included in your budget please indicate the basis for the plan (e.g.
percent of salaries and benefits), and provide documentation of the appropriate
approval of this plan.
5. If the budget includes services based on unit costs, be sure to provide a definition
and cost for each service as part of the budget narrative for contractual services.
Provide the following information.
a. What is the basis for the unit costs?
FDLE Byrne Formula Grant Application Package
Rule 110-9.006
Grant Application
Section /I - Page 11
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
b. How recently was the basis established or updated?
Type of budget: Actual
Source of matching funds: Monroe County General Revenue Fund
Contractual Services
Salaries and Benefits:
Substance Abuse Counselor
FICA
Health Insurance
Subtotal Counselor
Clinical Director (.50)
FICA
Health Insurance
Subtotal Clinical Director
Total Salaries and Benefits
Expenses:
Travel between base in
Marathon, office in Tavernier,
and main office in Key West
paid in accordance with Fla.
Statute 112.061
Operating supplies, such as
workbooks and videos
Office supplies
Total Expenses
Total budget:
38,000
2,907
2,652
43,559
19,000
1,454
1,326
21,780
65,339
2,552
2,873
1,000
6,425
$71,764
Grant request (Byrne funds) $53,823
Local match (Monroe County) $17,941
Total program cost: $71,764
Purchasing methods to be used will conform to existing Federal, State, and Local
laws and regulations. Monroe County will contract with the Care Center for Mental
Health for this project.
FDLE Byrne Formula Grant Application Package
Rule 110-9.006
Grant Application
Section II - Page 12
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne 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 and
Byrne Program Guidance Document as well as Florida laws and regulations including the Florida
Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law Enforcement
Assistance Formula Grant Program.
2. 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. Department of
Justice Common Rule for State And Local Governments and federal OMB Circular A-87, .Cost Principles
for StateL 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 for any procurement shall be according to U.S.
Department of Justice Common Rule for State and Local Governments, or OMB Circular A-11 0 and Florida
law to be eligible for reimbursement.
3. Reports
a. Project Performance Reports
(1) Reporting Time Frames: 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.
(2) Report Contents: Performance reports must include both required sections, the quantitative response
(in response to specific objectives and measures) and the qualitative narrative. The narrative must
reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in
performance measures, and also identify problems with project implementation and address actions
being taken to resolve the problems.
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.
FDLE Byrne Formula Grant Application Package
Rule 11 D-9.006
Grant Application
Section 1/ - Page 13
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
(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 February
1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering
subgrant project generated income and expenditures during the previous quarter. (See Item 10,
Program Income.)
c. Other Reports
The subgrant recipient shall submit other reports as may be reasonably required by OCJG.
4. 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.
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-87, and A-110, in their entirety.
c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient.
5. 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.
6. 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.
7. 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. Justification should address a 30/60/90-day need for cash based on the
budgeted activities for the period.
8. 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.
9. 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. Subgrant
recipients shall obtain written approval from the Department for reimbursement of travel costs for field trips
that were not listed in the approved project description and 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.
FOLE Byrne Formula Grant Application Package
Rule 110-9.006
Grant Application
Section 11- Page 14
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
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
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 orthe 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-11 O.
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 $500,000 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 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
Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the 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.
FDLE Byrne Formula Grant Application Package
Rule 11 D-9.006
Grant Application
Section 1/ - Page 15
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
d. The subgrant recipient shall take appropriate corrective action within six (6) months ofthe issue date ofthe
audit report in instances of noncompliance with federal laws and regulations.
e. The subgrant recipient shall ensure that audit working papers are made available to the Department, 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, which
can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the
Chief Financial Officer, or designee, that the 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 Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
16. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision ofthis 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 amendment
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 ofthe subgrant recipient.
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. 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
FDLE Byrne Formula Grant Application Package
Rule 11 D-9.006
Grant Application
Section 11- Page 16
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
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 substantive changes. These include,
but are not limited to:
a. Changes in project activities, target populations, service providers, 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, Le., 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 offunds 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 concemed 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.
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
FDLE Byrne Formula Grant Application Package
Rule 11 D-9.006
Grant Application
Section II - Page 17
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
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 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
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 prior mentioned individuals have authority to
sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has
authority to submit requests for approval of specific travel, 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 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.
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 and
positions of special trust or responsibility and require employment screening pursuantto 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.
(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 employment shall be
taken by the employing agency or by an authorized law enforcement officer and submitted to the
FDLE Byrne Formula Grant Application Package
Grant Application
Section If - Page 18
OCJG - 005 (rev. April 2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
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 ofthis 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 into
compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in
compliance with the Act and federal regulation prior to the award offederal funds. The subgrant recipient is
responsible for the continued adherence to the regulation governing the operation of the 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
Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-
Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H.
FDLE Byrne Formula Grant Application Package
Rule 110-9.006
Grant Application
Section 11- Page 19
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
b. The subgrant recipient and 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 subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an
aggregate of grant awards for $1 ,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. The submission shall be in both paper
copy and electronic format. 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 approval is more than two years old, an
updated Plan must be submitted.
d. 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, sex, or
disability against a 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
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 (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
274A(e) ofthe Immigration and Nationality Act (UlNA"). 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
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.
FDLE Byrne Formula Grant Application Package
Rule 110-9.006
Grant Appfication
Section If - Page 20
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
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 program 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 $1 00,000 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, Tit/e 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, an officer
or employee of congress, or an employee of a member of congress in connection 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 LobbvinQ Activities, according to its instructions.
(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 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.
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
FDLE Byrne Formula Grant Application Package
Rule 11 D-9.006
Grant Application
Section 11- Page 21
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
this condition, which provides for individual site environmental assessment/impact 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 governmental personnel
involved; (2) any residents, occupants, users, and neighbors ofthe 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.
1. Provide medical screening of personnel assigned or to be assigned by the subgrantee 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;
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 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 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.
FDLE Byrne Formula Grant Application Package
Grant Application
Section 1/ - Page 22
OCJG - 005 (rev. April 2004)
Rule 11 D-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
42. Limited English Proficiency
National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To
ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to
ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing
language assistance services, including oral and written translation when necessary. The U.S. Department of
Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document
can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-
0690, or by writing to the following address:
Office for Civil Rights
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW, Eighth Floor
Washington, DC 20531
FDLE Byrne Formula Grant Application Package
Grant Application
Section 11- Page 23
OCJG - 005 (rev. April 2004)
Rule 11 D-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
SUBGRANTEE CERTIFICA TION
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 Recipient 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):
~Has a Current EEO Plan
_Does Not Have a Current EEO Plan
Has included a copy of the current approval letter from the US DOJ
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 days after a
SUbg:.=Lcat~on f si nce is proved or face loss of federal funds.
Signature of Subgrantee Authorized Official
Type Name: James L. Roberts
Title: Countv Administrator
Subgrant Recipient: Monroe County Board of County Commissioners
Date: (; I 1..//0 y
FDLE Byrne Formula Grant Application Package
Rule 110-9.006
Grant Application
Section II - Page 24
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
IMPLEMENTING AGENCY CERTlFICA TION
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 this Implementing Agency. . . (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 Implementing Agency 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 Implementing Agency. . . (Select one of the following):
xx Has a Current EEO Plan
Does Not Have a Current EEO Plan
Is Included in the EEO Plan of the Subgrant Recipient.
Has included a copy of the current approvalleUer from the US DOJ
I further affirm that if the Implementing Agency 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 days after a
subgrant application for federal assis nce is approved or face loss of federal funds.
~~
Signature of Implementing Agency Authorized Official
Type Name: James L. Roberts
Name of Subgrant Recipient: Monroe County Board of Countv Commissioners
Name of Implementing Agency: Monroe County Board of County Commissioners
Title: Countv Administrator
Date:
~ / 'f/o<-(
. ,
FDLE Byrne Formula Grant Application Package
Rule 110-9.006
Grant Application
Section II - Page 25
OCJG - 005 (rev. April 2004)
RESOLUTION NO. -19- I
- 2004
OMB/Grants
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY
,
FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE
FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FISCAL YEAR 2005
EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT
ASSISTANCE FORMULA GRANT PROGRAM
WHEREAS, the Florida Department of Law Enforcement has announced the
Fiscal Year 2005 funding cycle of the Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Program; and
WHEREAS, on April 21,2004, the Monroe County Board of Commissioners
agreed to serve as the coordinating unit of government in the preparation of the grant
proposals and in the distribution of funds allocated to Monroe County in the amount of
$177,870.00 with a $59,291.00 cash match requirement; 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 BYTHE 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
j 2. The County Administrator is hereby authorized to sign and submit the
application packet for the Fiscal Year 2005 grant funds to the Florida
Department of Law Enforcement Anti-Drug Abuse Grant Program; and that
3. This resolution shall become effective immediately upon adoption by the
Board of County Commissioners and execution by the Presiding Officer and
Clerk.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 19th day of May, A.D., 2004.
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Mayor Murray Nelson
Mayor ProTem Rice
Commissioner McCoy
Commissioner Neugent
Commissioner Spehar
-yes<-
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yes
yes
(SeaID>.." " .," .:,:> '::;;,~d~ Monroe County Board of Commissioners
AtlestJ6a-tJC. ~~ By: ~.,,~ (~
Clerk of Court Mayor
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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.
Signature:
Qe~ lw-lJ. l.w D~.-'
Typed Name and Title: Clavton H. Wilder. Community Proaram Administrator
Date: ~- '2. -0 't
Board of Coun Commissioners
Signature:
Typed Name and Title: James L. Roberts. County Administrator
Date: (p ( L/ 10 <.{
Signature:
:::-------
Typed Name of Implementing Agency:
Typed Name and Title: James L. Roberts. County Administrator
Date: ~ I tf/O t.{
Rule 110-9.006
Grant Application
Section II - Page 26
OCJG - 005 (rev. April 2004)
FDLE Byrne Formula Grant Application Package