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FY2007 10/18/2006 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: November J 5, 2006 TO: Salvatore Zappulla, Director Office of Management & Budget ATTN: FROM: Dave Owens Grants Management Pamela G. Hanc~ Deputy Clerk CJJ At the Ootober 18, 2006, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: / Contracts with providers of programs funded by the Edward Byrne Memorial Justice Assistance Grant Program, as follows: Monroe County Education Foundation, that provides drug free events, crime and substance abuse prevention classes, life skills development classes, and community service projects, in the amount of $40,000.00. Contracts with human service organizations funded by the County for Fiscal Year 2007, for which funding recommendations are made by the Human Services Advisory Board, as follows: Monroe County Education Foundation, Inc., that provides facilities and services related to training of youth iu violence prevention, cultural diversity, personal development skills, etc., in the amount of $25,000.00. Enclosed is a dupicate original of each of the above-mentioned for your handling. Should you have any questions please feel free to contact our office. cc: County Attorney Finan(~ File I EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS AGREEMENT l:Hlq AGREEMENT is made and entered into this !'i!<d--dayof ()~ , 2006, 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 Monroe County Education Foundation, whose address is Post Office Box 1788, Key West, Florida 33040, hereinafter referred to as "PROVIDER." WITNESSETH WHEREAS, the Florida Department of law Enforcement has awarded a sub-grant of Edward Byrne Memorial Justice Assistance Grant Funds to the COUNTY to implement a program that provides drug free events, crime and substance abuse prevention classes, life skills development classes, and community service projects; and WHEREAS, the County is in need of an 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 Justice Assistance Grant Funds to the PROVIDER in accordance with the COUNTY'S application for the Edward Byrne Memorial Justice Assistance 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, 2006, through September 30, 2007, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The PROVIDER will provide services as outlined in the COUNTY'S Anti- Drug Abuse Sub-grant Award, attached and made a part hereof. 3. FUNDS - The total project budget to be expended by the PROVIDER in performance of the services set forth in Section 2 of this agreement shall be the total sum of $40,000.00. The total sum represents federal grant/state sub-grant support in the amount of $30,000.00 and local matching funds in the amount of $10,000.00, 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 Justice Assistance Grant Program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the PROVIDER shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Edward Byrne Memorial Justice Assistance Grant Program. 6. BilLING AND PAYMENT (a) The PROVIDER shall render to the COUNTY, at the close of each calendar month, an itemized invoice properly dated, describing the services rendered, the cost of the services, and all other information required by the Program Director. The 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 Justice Assistance 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: Monroe County Grants Administrator 1100 Simonton Street Key West, Fl 33040 FOR PROVIDER: Dan Kratish Monroe County Education Foundation P.O. Box 1788 Key West, Fl 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 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 affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. (SEAL) ATTES BOARD OF COUN OF MONROE CO By: airman o 0-:: c.., (.) \J_! c;:;: e;: o w_ o L;"J -' Ll_ COMMISSIONERS ~, FLORIDA .,. j eputy Clerk l..:~ b... ~~,}.....:>~ _,lC):.- >'~~:: :S Lf) k"-: u C) ~ .(.,) >C _ >- :td -- -,,-'Ci C> ::;;;uo:::: :z: .- :z: u:> <t 0 <=> Cl :E ~r~ Monroe County Education Foundation o I-u.. I- <(0 >-1- 1-(1) z<( ~ . 00 ()~ lUO ocr crQ. zQ. 0<( :. >- w --'z lUll: eno (I).... <(.... <( >- ~~~ w" , ZO WO lU .... , --'Z i=~ <(en Zoo en <( ., OJ o e;- J:!![-4A5 Title: #.U (, ~T Witness 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, fund raising, 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 ( Orqanization 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 !/J;v/k ~5/T-- 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.1 0-1990 or any County officer or employee in violation of Section 3 of Ordinance NO.1 0-1990. 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. .-- U-c>>~- (~;~) Date: STATE OF f\lJ( \ ~ 0.- \'(\(Jf\ ~0f.. COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, tn...1f\' f \ ~ ~ Q. t i-3 Y\.. who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this b 2_o0(c N\\\Je.VV\; J '%_' day of NOTARY PUBLIC ~li~ My commission expires: OMB - MCP FORM #4 /i!~''''''1Ii9, AYESHA OSBoRNE 1'i i'" MY COMMISSION I DO 579729 ~if...", / EXPIRES: July 31, 2010 "P.r..~i'\' Bonded Thru Notaty Public UndeIWril.u 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." I-f++a d rrt..eA\.;f- c- State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2007-JAGC-MONR-1-P3-069, in the amount of $ 30,000.00, for a project entitled, MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM II, for the period of 10101/2006 through 09/30/2007, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. (Signature of Subgrantee's Authorized Official) (Typed Name and Title of Official) (Name of Subgrantee) (Date of Acceptance) State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Comm issioners Date of Award: SEP 1 3 2000 Grant Period: From: 10/01/2006 TO: 09/30/2007 Project Title: MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM II Grant Number: 2007-JAGC-MONR-1-P3-069 Federal Funds: $ 30,000.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost $ 30,000.00 State Purpose Area: 04A: Community Crime Prevention CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 10, Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars A-110 or A-102, as applicable, and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. 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. QonIJJ..U '^~ AuthoriZ;;~ . Clayton H. Wilder Administrator Date q- J:S-Dt". ( ) This award is subject to special conditions (attached). Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Subgrant Recipient Organization Name: County: FEID OR SAMAS: Monroe County Board of Commissioners Monroe 59-6000749 Chief Official Name: Charles McCoy Title: Mayor Address: 530 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3430 Ext: Fax: 305-292-3577 Suncom: Email: boccdis3@monroecounty-f1.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Email: dkolhage@monroe-clerk.com Application Ref # Contract 2007-JAGC-507 2007-JAGC-MONR-1-P3-069 Section #1 Page 1 of 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide D Implementing Agency Organization Name: County: FEID OR SAMAS: Monroe County Board of Commissioners Monroe 59-6000749 Chief Official Name: Charles McCoy Title: Mayor Address: 530 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3430 Ext: Fax: 305-292-3577 Suncom: Email: boccdis3@monroecounty-fl.gov Project Director Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: owens-david@monroecounty-fl.gov ApplicatiDn Ref # CDntract 2007-JAGC-507 2007 -JAGC-MONR-1-P3-069 SectiDn #1 Page 2 Df 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Project Information Project Title: MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM II Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 1011/2006 End Date: 9/30/2007 Problem Identification Problem Identification The Problems to which the Monroe Youth Challenge Program (MYCP) are responding are: 1) increases in middle school fighting and bullying, alcohol-related usage, suspension rates, and arrests; and 2) decreases in the age that students are reporting using gateway drugs - in particular, cigarettes and alcohol. Significance These problems are significant because: 1) early usage of gateway drugs such as alcohol and tobacco is often a precursor to the use of harder drugs such as methamphetamine and cocaine; 2) there is a noteworthy correlation between alcohol or chemical dependency and criminal activity according to several studies released by the National Institute of Child Health and Human Development (NICHD); 3) fighting and bullying are the major causes of violence in middle schools which, in turn, are the most common reasons for out of school suspensions; and 4) increased suspension rates correlate to increased drop out rates. The at risk youth, their families, victims as well as the local community as a whole are affected by the social and economic cost of the increase in juvenile substance abuse and crime. Needs Assessment. The scope of the problem of middle school usage of gateway drugs, in particular, alcohol and tobacco, is indicated by surveyed Monroe County high school students reporting that they first used cigarettes at 12.4 years old, had tried alcohol at 13.2, and drank at least once a month at 14.8. This was self reported in the 2004 Florida Youth Substance Abuse Survey which also showed that 22.5% of Monroe County middle school students drank alcohol in the past 30 days. (2.2% higher than the state average). The same study showed an increasing trend in the delinquent behavior of Monroe County middle school students involving arrests and attacking someone with intent to do harm. The Sheriffs office reported that middle school students represent less than 1/3 of the total students, yet constitute 60% of the 50 reported citations and arrests in school year 04/05. Of the 30 middle school arrests, 80% were due to fighting or battery on other students or staff. Florida Department of Education reports that suspension rates in Monroe County are above the state average by .5 percent. Project Summary Project Summary One Year Goals: Application Ref # Contract 2007-JAGC-507 -JAGC-MONR- -- Section #2 Page 1 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Reduce teasing and bullying behavior by 5% among middle school students. Facilitate decision making and conflict resolution programs to decrease the number of reported fights in the middle school setting by 5%. Assist in the reduction of alcohol usage, specifically binge drinking, by middle school students by 5% in the 2005-2006 school year as reported in Florida Youth Self Assessment Survey. Two Year Goals: Create a Be The Change Club at Middle Schools in which students demonstrate a commitment to drug-free norms, community service and peer support via school wide campaigns, service projects and Natural Helpers. Increase the use among middle school students of community based training programs and youth services by 5%. The provider will be the Monroe County Education Foundation; its address is 241 Trumbo Road, Key West, FL 33040 The relationship of the County to the provider is contractual. A license is not required. All Substance abuse education is provided by third party agencies or motivational speakers in assemblies or classroom presentations. MYCP only coordinates events and is not the primary provider of any substance abuse trainings. This is not a new activity for the service provider. Over the past 4 years, we have developed a variety of programs for high school students designed to reduce violence and other at-risk behaviors, and improve peer relations, while increasing personal life and leadership skills. MYCP has hosted over 20 Challenge Days providing anti violence training to over 1700 students. MYCP sponsored BE THE CHANGE clubs and a leadership class during the day at each high school. MYCP sponsored anti drug and anti violence trainings in all the high schools such as the Florida National Guard's Knight Vision Drug Education Training. I n a letter dated April 28, 2003, Coral Shores High School (CSHS) counselor, Cindy Ypsilanti said, "I have seen a tremendous change in our students' relationships with each other on campus and in the community since many of the strategies of community service, mentoring and helping each other has come to fruition through such programs we have implemented in the Upper Keys as Challenge Day, Ropes training, Natural Helpers, and the S.M.I.L.E. club (Students Mentoring in Life Everyday) during the past two years. Students are learning how to effectively communicate through active listening, problem solving and they bring real concerns to adults as needed. Teenagers go through difficult times trying to fit in and belong to a peer group. By identifying this process as a common and universal need through the interactive supportive programs, students are learning that they are not alone in this process of growing and finding themselves. These program initiatives have become the heart and soul of our school." She also found that Leadership Class participants had an average increase of .2 in their Application Ref # Contract 2007.JAGC-507 -JAGC-MONR- -- Section #2 Page 2 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide accumulative grade point average via a sampling of student grades. A review of the 2002-03 School Environmental Safety Incident Reports showed that CSHS overall incidents of anti social behavior had a decrease of 67%. Incidents of arrests for high school students dropped from 7.7 in 2001 to 6.9 in 2004 and incidents of attacks with intent to harm dropped from 12.3 in 2001 to 10.9 in 2004. We cooperate with numerous community agencies and civic clubs, including Rotary, Sheriff Dept, American Red Cross, Big Brothers Big Sisters, and 4H. Staff includes (not all funded by Byrne; some by other sources): Community Development Coordinator: will develop partnerships and build up the volunteer groups. This will be done by regular meetings for volunteers and email. Prevention Coordinator: oversees community projects, trainings and campaigns, done in conjunction with a school liaison and teacher. Admin. Ass!.: will handle correspondence, financial management, policies and procedures, public relations, special projects, volunteer coordination program evaluations, data management. Challenge Day and Conflict Resolution training are planned for Prevention Coordinators and adult volunteers. Key Personnel are the Prevention Coordinators who coordinate the implementation and evaluation of all trainings and student planned events. They may also provide direct training to students, school faculty or staff and community volunteers. There is no project equipment. Project Location. Throughout Monroe County, public and private middle schools and youth providers. Project Activities/Administration Monroe Youth Challenge Program will offer the following activities: Motivational assemblies and speakers, Gateway Drug and Anti Bullying Trainings, Peer Education, School Clubs and Service Projects, and Natural Helpers Peer Assistance Program. One Contact hour with one student is the unit of measurement. This includes training, drug-free events, and service projects. The project will perform this activity weekly An average of 20 middle school youth will be involved per activity. Some will have fewer. Some, such as assemblies may have 300 students. MYCP will provide a minimum of 2000 defined units. This would reflect half of the middle schoofers in the county receiving 2 contact hours of anti drug, anti violence, or life skills Application Ref # Contract 2007 -JAGC-507 -JAGC-MONR- -- Section #2 Page 3 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide training. Our target group is middle school age students of both sexes at all Monroe County schools. Participants will be selected by teachers. counselors, and administrators. The Prevention Coordinator will recruit additional at-risk students. Students who will be Natural Helpers are chosen by fellow students. The only criterion for participants to qualify for programs is that they be in middle school. Students with at-risk behaviors such as excessive referrals, absences, tardies, or poor academic performance will be specifically targeted. Project Results Measurement: Florida Youth Survey reporting, Monroe County's Climate Survey, School incidence reports, School Environmental Safety Incident Reporting (SESIR). Successful Completions for Group Reduction of incidents of fighting, bullying and arrests in Middle School. Reduction of binge drinking and other alcohol related incidents. Successful Completions for Individuals Reduced number of discipline referrals, increased involvement in school and community activities and promotion to next grade. Improved knowledge and healthy attitudes toward Gateway drugs, in particular tobacco and alcohol, as measured by a Project Alert Survey. If a student attending one of our programs attempts to leave, we will assess the student and provide alternative assistance. Our most effective incentive for student participation is community sponsored awards as appropriate and community service hours that are added to the studenfs high school portfolio. Application Ref # Contract 2007-JAGC-507 -JAGC-MONR- -- Section #2 Page 4 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Performance Info: Quarterly Performance Reporting Frequency: Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: 04A - Community Crime Prevention Activity Description Community Service Children School District School, Middle Activity: Target Group: Geographic Location Type: Activity Description Community Leader Meetings Children School District School, Middle Activity: Target Group: Geographic Location Type: Activity Description Crime Prevention Education Children School District School, Middle Activity: Target Group: Geographic Location Type: Activity Description Drug Free Events Children School District School, Middle Activity: Target Group: Geographic Location Type: Activity Description Activity: Target Group: Geographic Location Type: Mentoring Children School District School, Middle Application Ref # Contract 2007 -JAGC-507 -JAGC-MONR- - - Section #3 Page 1 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Activity: Target Group: Geographic Location Type: Address(es) : Activity Description Recreation Program Children School District School, Middle Horace O'Bryant Middle School 1105 Leon Street Key West ,FL 33040 Key Largo School 104801 Overseas Key Largo, FL 33037 Marathon Middle School 350 Sombrero Beach Blvd. Marathon, FL 33050 Monroe Youth Challenge 90-B Sombrero Road Marathon, FL 33050 Plantation Key School 100 Lake Road Tavernier, FL 33070 Stanley Switlik School 3400 Overseas Highway Marathon, FL 33050 SugarJoaf School 225 Crane Blvd. Sugarloaf Key, FL 33042 Objectives and Measures Objective 04A.01 - Provide a specified number of alternative drug-free events. [Alternative drug-free events would include any participatory event designed to strengthen the anti-drug message and/or anti-crime message.] Measure: Part 1 How many alternative drug free events will be conducted? Application Ref # Contract 2007 -JAGC-507 -JAGC-MONR- -- Section #3 Page 2 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Goal: 9 Objective 04A.02 - Present a specified number of crime and substance abuse prevention education classes. Measure: Part 1 How many crime prevention and substance abuse education classes will be presented? Goal: 40 Objective 04A.03 - Conduct a specified number of life skill development education classes. Measure: Part 1 How many life skill development education classes will be presented? Goal: 40 Objective 04A.05 - Conduct a specified number of meetings with community leaders for the purpose of identifying neighborhood problems/developing proposed solutions/support groups. Activities should be reported separately from Neighborhood Watch/Business Watch Programs. Measure: Part 1 How many meetings with community leaders for the purpose of identifying neighborhood problems and developing proposed solutions will be conducted? Goal: 12 Objective 04A.09 - Conduct a specified number of community service projects which may include neighborhood clean-up campaigns. Measure: Part 1 How many community service projects which may include neighborhood clean-up campaigns, will be conducted. Goal: 24 Application Ref # Contract 2007 -JAGC-507 -JAGC-MONR- -- Section #3 Page 3 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant" County-wide Section Questions: Question: If "other" was selected for the geographic area, please describe. Answer: not applicable Question: If "other" was selected for location type, please describe. Answer: not applicable Application Ref # Contract 2007 -JAGC-507 -JAGC-MONR- " - Section #3 Page 4 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS I Vendor Number: 59-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $30,000.00 $0.00 $30,000.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 - Totals -- $30,000.00 $0.00 $30,000.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income IPGI) No Application Ref # Contract 2007 -JAGC-507 -JAGC-MONR- -- Section #4 Page 1 of 3 AI-. Jieation for Funding Assis .nee Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: Contractual Services $30,000.00 4-5 Prevention Coordinators $20,000.00 Training and Materials: $5,000.00 . includes prevention materials . Prevention Coordinators and student leaders quarterly training. Includes registration fees and per diem rates for food, travel and lodging Professional Fees: $5,000.00 Anti-drug/alcohol and anti-violence interactive programs hosted by the non-profit organization Challenge Day which is under contract with Monroe County, are delivered to every middle school aged student in the county, including those in private, charter, and home schools. These participatory programs include both group and individual activities. Subjects addressed include but not limited to; peer pressure, bullying, drug and alcohol abuse, conflict resolution, and decision- making. Application Ref # Contract 2007 -JAGC-507 2007 -JAGC-MONR-1-P3-069 Section #4 Page 2 of 3 A~ Iieation for Funding Assi~ .nee Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: Indicate the Operating Capital Outlay threshold established by the subgrantee. Answer: 750 Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: No Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: not applicable Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: not applicable Application Ref # Contract 2007-JAGC-507 2007 -JAGC-MONR-1-P3-069 Section #4 Page 3 of 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Standard Conditions Conditions of agreement reqUiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Faiiure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 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 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Guidance 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. Further, the Subgrant Recipient agrees to comply with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars A-21, A-110, A-102, A-122, A-133, A-87, as applicable; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common Rule and Part 67, Drug-free Workplace. 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 State, Local and Indian Tribal Governments", or OMB Circular A-21 , "Cost Principles for Educational Institutions". b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports - JAG Countywide Only (1) Reporting Time Frames:The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, 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 compiete, accurate and timely may result in sanclions, as specified in item 17, 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. SFY 2007 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Financial Reports (1) Project Expenditure Reports (a) The JAG Countywide subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Project Expenditure 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 Project Expenditure Reports shall be submitted. (b) The JAG Direct subgrant recipient shall submit one Project Expenditure Report for the entire subgrant period. (c) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCGJ). (d) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre- audit and post-audit. (e) Before the "final" Project Expenditure Report 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. (f) Reports are to be submitted even when no reimbursement is being requested. (2) The Closeout Documentation shall be submitted to the Department within forty-five (45) days of the subgrant termination period. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department 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 recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 4. Fiscal Control and Fund Accounting Procedures a. The 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 the Department. b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as amended), U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OM B) Circulars A-21, A-8?, and A-11 0, or A-102 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. SFY 2007 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Fiorida Department of Law Enforcement 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 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 a. JAG Countywide - 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. This request, 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. b. JAG Direct - The Department shall award program funds to the recipient in a single, lump sum payment. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund mayor may not be an interest bearing account. b. The account may earn interest, but any earned interest must be used for program purposes and expended before the subgrant end date. 9. Travel and Training a. All travel expenses relating to field trips with youth requires written approval of the Department prior to commencement of actual travel. c. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. d. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 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). SFY 2007 Page 3 Edward Byrne Memorial JusticeAssistance Grant (JAG) Program Florida Department of Law Enforcement 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110 or A-102, as applicable. 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 (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-11 0 or A-1 02, as applicable. 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. Publication or Printing of Reports The subgrant recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by grant funds awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." 16. 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 OMB Circular A-133 and other applicable federal law. The SFY 2007 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The 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 $500,000 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 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, 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. SFY 2007 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 18. 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 the Department 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 the Department, 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. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 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; SFY 2007 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capitai Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance 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 (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. SFY 2007 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 25. Signature Authority The Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative, who sign the 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, ADP Justification and the Privacy Certification forms. The Project Director has authority to submit requests for approval of specific travel, and Performance Reports, with the exception of the Financial and Closeout Package, which also requires the signature by the Chief Financial Officer 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 eiected 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 Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by 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 hot/ine; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S., using the level 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 Department of Law Enforcement for SFY 2007 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The empioying 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 JAG 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 consuitation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968,42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and compiy 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 of federal 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. SFY 2007 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. 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 em ploys unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. SFY 2007 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 DO-year fiood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded 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 $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: SFY 2007 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (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 Lobbvino 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 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. Additional Restrictions on Lobbying Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 41. "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. 42. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessmenUimpact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory SFY2007 Page 12 SFY 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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) Empioy 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 any 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. Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 43. 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 reasonabie 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 44. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Faciiities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 47. Flood Disaster Protection Act The subgrantee will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act The subgrantee will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting SFY 2007 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Department of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 49. Omnibus Crime Control and Safe Streets Act The subgrantee will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicabie State and Federal laws, orders, circulars, or regulations. 50. Public Safety Officers' Health Benefits Provision The recipient has certified it is in compliance with the Public Safety Officers' Health Benefits Provision of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in compliance during the life of the grant. This provision requires that the unit of local government which employs a public safety officer (as defined by Section 1204 of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended) to afford such public safety officer who retires or is separated from service due to injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the same or better level of health insurance benefits at the time of retirement or separation as the officer received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the life of the grant, 10 percent of the award amount must be returned to the grantor. 51. Human Research Subjects Grantee agrees to compiy with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 52. Global Justice Data Model Specifications To support public safety and justice information sharing, OJP requires the grantee to use the Global Justice Data Model specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction al schemas (extensions, constraint, proxy) generated as a result of this grant to the component registry as specified in the guidelines. This information is available at www.it.oip.Qov/Qixdm. 53. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 54. Privacy Ceritification The Subgrant recipient agrees to comply with the confidentiality requirements that are applicable to collection, use, and revelation of data or information and that are in accordance with requirements of Confidentiality of Identifiable Research and Statistical Information (28 C.F.R. Part 22 and, in particular, section 22.23, Privacy Certification). SFY 2007 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement If an award is made for a project which has a research or statistical component under which information identifiable to a private person will be collected, the subgrant recipient agrees to: 1. Project plans will be designed to preserve anonymity of private persons to whom information relates, including, where appropriate, name-stripping, coding of data, or other similar procedures. 2. Project findings and reports prepared for dissemination will not contain information which can reasonably be expected to be identifiable to a private person. 3. A log will be maintained indicating that identifiable data have been transmitted to persons other than BJA, OJJDP, BJS, NIJ, or OJP or grantee/contractor staff or subcontractors, that such data have been returned, or that alternative arrangements have been agreed upon for future maintenance of such data. 4. A description of the project containing assurance by the applicant that (1) Data identifiable to a private person will not be used or revealed. (2) Access to data will be limited to those employees having a need and that such persons shall be advised of and agree in writing to com ply with these regulations. (3) All subcontracts which require access to identifiable data will contain conditions meeting the requirements. 5. Any private persons from whom identifiable data are collected or obtained, either orally or by means of written questionnaire, shall be advised that the data will only be used or revealed for research or statistical purposes and that compliance with requests for information is not mandatory. Where the notification requirement is to be waived, a justification must be included in the Privacy Certificate. 6. Describe the precautions that will be taken to insure administrative and physical security of identifiable data. SFY 2007 Page 16 CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) (Select one of the following): xx Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Appiication 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. J also affirm that the Subgrant Recipient. . . (Select one of the following): XX 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 't to formulate, implement, and maintain such a Plan within 120 days after a subgrant appiication for deral assistance is approved or face loss of federal funds. Type Name: Title: Countv Administrator Subgrant Recipient: Monroe Countv Board of County Commissioners Date: June 29. 2006 FDLE JAG Grant Application Package EEO Certification Page 2 of 2 (April 2005) CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program IMPLEMENTING AGENCY CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that 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, impiement 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 Pian Is Included in the EEO Plan of the Subgrant Recipient. Has included a copy of the current approval letter 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 apPIi~~.er ssistance is approved or face loss of federal funds. Signature of Implementing Agency Auth Type Name: Thomas J. Willi Name of Subgrant Recipient: Monroe Countv Board of Countv Commissioners Name of Implementing Agency: Monroe County Board of County Commissioners Title: County Administrator Date: June 29. 2006 FDLE JA G Grant Application Package EEO Certification Page 2012 (April 2005) TO: Salvatore Zappulla, Director Office of Management & Budget RECt\\fED JUL 1 0 2006 Of~!~~ QMJ(tS CRIMINAL J.... ,. DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: June 29, 2006 Jt< '-F: C 1~ ' ~'~ ,':--:H D l . ~ i JUN 2 ,9 LuvJ I '.'. 6M~ ~ ATTN: FROM: Dave Owens Grants Management Pamela G. Hand';;;;lJ}..- Deputy Clerk CJ' At the June 21, 2006, Board of County Commissioner's meeting the Board adopted Resolution No. 234 authorizing the submission of a Grant Application to the Florida Department of Law Enforcement for the Fiscal Year 2007 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Enclosed is a certified copy of the subject Resolution for your handling. Should you have any questions please feel free to contact our office. cc: County Attorney Finance File RESOLUTION NO. 234 - 2006 Budget and Finance 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 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM rrWVEO WHEREAS, the Florida Department of Law Enforcement has annouJ:1q~,Q,the Fiscal Year 2007 funding cycle of the Edward Byrne Memorial Justi~JAs1iMafll!g Grant (JAG) Program; and OI'fICI:OF CRIMINAL JUSTICE slWITS WHEREAS, on May 16,2006, 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 $89,801.00 with an additional $29,934.00 cash match requirement (total of $119,735.00); and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. The County Administrator is hereby authorized to sign and submit the application packet for the Fiscal Year 2007 grant funds to the Florida Department of Law.Enforcement Edward Byme Memorial Justice AssistaFlOe Grant (JAG) Program; and that '. ~ 0 ~ 3. This resolution shall become effective immediately upon adoPtioi~e 2: Board of County Commissioners and execution by the Presiding~eer ai'!tl Clerk. , g;,.,r- ~ S;o~- -. ',-. :=- PASSED AND ADOPTED by the Board of County Commissioners of Monr~un~ Florida, at a regular meeting of said Board held on the 2151 day of June, A.~: 2BD6. .. . ,",'. :,- ". "- .~!" l> ,.... ~ Mayor McCoy Yes Mayor Pro Tem Spehar Yes Commissioner Neugent Yes Commissioner Rice Yes Commissioner Patton Yes .." ,'- ,.., o -" o ;0 :;0 ffl C") o :;0 o " (-,' :.';'~, \ '. ',~ _:< "~<, ; '! ~'r"'~,'~-,~.: _' '. .. " (Seal) .' ..' ..../\ttcst(7~~ A3N~Olllt AlNnooal<<.WSl1iI!li':ourt 1385\10 'M 3N3311.i'YN ;.' Monroe County B a yor of Commissioners By: '1'jI:lO,.,l 0.1 Sit 03^Ol:lddV A3NI:101J.It A1Nnoo 30l:lNOl'j MONROE COUNTY ATTORNEY APPROVED AS TQ FJ:>AM, 71nA< J:,. ,-, V ~ A A /J . . RECEIVED JUL 1 0 Z006 OFFICE OF CRIMINAL JUSllCE GIWITS RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ELECTING A MAYOR/CHAIRPERSON AND MAYOR PRO TEM RESOLUTION NO. 392_ 2005 WHEREAS, it has become necessary for the members of the Board of County Commissioners of Monroe County, Florida, to elect a Mayor/Chairperson and Mayor Pro Tem for said Board; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. That Commissioner Charles "Sonny" McCoy is hereby designated Mayor/Chairman of the Board of County Commissioners of Monroe County, Florida. Section 2. That Commissioner Murrav E. Nelson is hereby designated Mayor Pro Tem of the Board of County Commissioners of Monroe County, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16th day of November, 2005. Mayor Spehar Mayor Pro Tem McCoy Commissioner Nelson .:. ...C;::.l),IDIl1issioner Neugent '. . comlI1issjoner Rice ::J: c g > ""nz o Z rl'l~-< n. r- 05:2:"- ~::O~; -In:- :< :-t ::.".:: ;' ~ c..'") )> r:'1 . en BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~J# >n ~ .By Yes Yes ...... <=> <=> ~ ..., ..., "" I en ." ;::: ,." CJ .." o ::0 ::0 Pl n C) ::0 C) , Yes Yes Yes -0 :J:: <t? "l . . ...'\. ;",.,.>'~,., ". \..'\:'"-_. -,. ""i . . ';':':':"~:"-" \,'/?: ~":'< .:.: ',. <S.~.t.,.. ! ....:.:~;~L. KOLHAGE, Clerk B?:J..~~!v..~- ~ Deputy Clerk Mayor/Chairperson Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, wh iteout, etc. are not Qp<<t~ J.J. UAA'PL~ ClaiftOiI ii, Wlldf!r,Mmlnlllfl!M" q -/3-/) (, Signature: Typed Name and Date Typed Name of Subgrant County Commissioners Signature: Typed Name and Thomas Date June 29, 2006 Typed Name of Implementing Signature: Typed Name and Thomas J. Willi, Date June 29, 2006 Application R' Contract -JAGC-MONR- - - Section #6 Page 1 of 1