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Item C25BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 17, 2007 Bulk Item: Yes ® No ❑ Division: Budget and Finance Department: Grants Staff Contact Person: David P. Owens AGENDA ITEM WORDING: Approval of contract with Monroe County Education Foundation, provider of the Monroe Youth Challenge Middle School program funded by the Edward Byrne Memorial Justice Assistance Grant Program. ITEM BACKGROUND: Federal funds are provided through the Florida Department of Law Enforcement. Substance Abuse Policy Advisory Board (SAPAB) reviews proposals and makes recommendations to BOCC for local funding of programs. PREVIOUS RELEVANT BOCC ACTION: Participation in Byrne Grant Program since approximately 1990. Approval of Certification of Participation at May 2007 meeting Approval of SAPAB recommendations at June 2007 meeting. Corresponding contract with FDLE is also on today's agenda. CONTRACT/AGREEMENT CHANGES: New contract: however, this program has been funded in prior years under similar contracts. STAFF RECOMMENDATION: Approval. TOTAL COST: 50,000.00 BUDGETED: Yes ® No ❑ COST TO COUNTY: 0.00 SOURCE OF FUNDS: n/a REVENUE PRODUCING: Yes ❑ No ® AMOUNT PER MONTH YEAR APPROVED BY:000NTY ATTY ❑ OMB/PURCHASING ❑ RISK MANAGEMENT ❑ DOCUMENTATION: INCLUDED: ® NOT REQUIRED: ❑ DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Monroe County Education Foundation CONTRACT SUMMARY Effective Date: 10/01 /07 Expiration Date: 9/30/08 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Monroe Youth Challenge program as part of Monroe County's FY08 Edward Byrne Memorial Justice Assistance Grant Program Contract Manager: David P. Owens 4482 OMB/Grants Mgt. (Name) (Ext.) (Department) for BOCC meeting on 10/17/07 Agenda Deadline: 10/02/07 CONTRACT COSTS Total Dollar Value of Contract: $50,000.00 Current Year Portion: $50,000.00 Budgeted? Yes X No Account Codes: 125-06027-530490-GG0812-XXXXXX Grant: $50,000.00 County Match: $0.00 ADDITIONAL COSTS Estimated Ongoing Costs: $2857.00 For: Staff support -filing reports, oversight (Not included in dollar value above) (e.g. Maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date Out Data 1p Needed Re iewer Division Director /C "Q1 9 Yes[] No Risk Mana em rrg 1 Yes❑ No� P3it (��`�, p �1 O O.M.B./PuFch2sing 42j!p -L) Yes❑ No�(' 1Q_ County Attorney Yes❑ Noor !d 1 Comments: VIVID rurm rieviseu ul 1 1/too mUt, 4fL EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS AGREEMENT THIS AGREEMENT is made and entered into this day of , 2007, 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 agency to provide said services under this Program; and WHEREAS, the Substance Abuse Policy Advisory Board published notices of requests for proposals for use of these funds in newspapers of general circulation, and on June 18, 2007 held a publicly -noticed meeting at which the Board met and considered the proposals received, as shown in Attachment D; and WHEREAS, THE Substance Abuse Policy Advisory Board has recommended that the COUNTY disburse a portion of the grant funds to this PROVIDER in order to run the Monroe Youth Challenge Middle School 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, 2007, through September 30, 2008, 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 $50,000.00. The total sum represents federal grant/state sub -grant support in the amount of $50,000.00 and local matching funds in the amount of $0.00, 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 for Funding Assistance" 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. PROVIDER shall allow and permit reasonable access to, and inspection of, all documents in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY or grantee in conjunction with this agreement; and the COUNTY shall have the right to unilaterally cancel this agreement for violation of this provision by PROVIDER. 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. ETHICS CLAUSE — PROVIDER warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (a) COVENANT OF NO INTEREST - COUNTY and PROVIDER covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and the only interest of each is to perform and receive benefits as recited in this Agreement. (b) CODE OF ETHICS - COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. (c) ANTI -DISCRIMINATION — PROVIDER agrees that it will not discriminate against any employees or applicants for employment or against persons for any other benefit or service under this agreement because of their race, color, religion, sex, national origin, or physical or mental handicap where the handicap does not affect the ability of an individual to perform in a position of employment, and to abide by all federal and state laws regarding non-discrimination. (d) ANTI -KICKBACK - COUNTY and PROVIDER warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, PROVIDER agrees that COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 17. 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) ATTEST: DANNY L. KOLHAGE, Clerk By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman MONROE COUNTY EDUCATION FOUNDATION Witness Title: MONF#OE COUNTY ATTORNEY RO ED AS T ASSISTANT COUNjIY ATTORNEY Date // ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from Florida Statute 112.061. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized certified statement such as: "I certify that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while on County business. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving form one's home to the airport for a business trip is not a reimbursable expense. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non -sufficient check charges, penalties and fines. ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 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 ETHICS CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. STATE OF • • / ZIS AM PERSONALLY APPEARED BEFORE ME, the undersigned authority, � who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this 2&day of t93-ZbP% NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 * Notary Public State of Florida Sally M Smith 9j�or Fro My Commission DD710188 Expires 08/29/2011 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." Arrac%PParF G 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 Commissioners Date of Award: q- / / - 6 7 Grant Period: From: 10/01/2007 TO: 09/30/2008 Project Title: MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM III Grant Number: 2008-JAGC-MONR-3-Q9-189 Federal Funds: $ 50,000.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 50,000.00 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 1 D, 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. 0JR4.44 Authorized Official Clayton H. Wilder Administrator Date ( ) This award is subject to special conditions (attached). Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Mario Di Gennaro Title: Mayor Address: County Administration Office 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: 305-289-6306 Suncom: Email: boccdis4@monroecounty-fl.gov 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 kppncanon Ker tt 2008-JAGC-636 Contract 2008-JAGC-MONR-3-Q9-189 Section #1 Page 1 of 2 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Mario Di Gennaro Title: Mayor Address: County Administration Office 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: 305-289-6306 Suncom: Email: boccdis4@monroecounty-fl.gov Project Director Name: David Owens Title: Grants Administrator Address: 1100 Simonton Street City: Key West State: FL Zip: 33040 Phone: 305-292-4482 Ext: Fax: 305-292-4515 Suncom: Email: owens-david@monroecounty-fl.gov Application Ref # 2008-JAGC-636 Contract 2008-JAGC-MONR-3-Q9-189 Section #1 Page 2 of 2 Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Project Information Project Title: MONROE YOUTH CHALLENGE MIDDLE SCHOOL PROGRAM III Project Sequence No: 1 Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2007 End Date: 9/30/2008 Problem Identification RISK FACTORS: Monroe County youth show a higher occurrence of risk factors of 55% compared the state average of 52% (Florida Youth Substance Abuse Survey 2006). There are many risk factors that may influence the youth of Monroe which could cause them to feel the need to self -medicate with substances, engage or endure bullying and violence, have low school attendance, drop out of school, exhibit criminal behavior and an overall lack of productivity, experience depression, and even commit suicide. Middle School years are often the turning point for youth. Many students drop out of school shortly after ninth grade. A spike in discipline incidents occurs in grades 7 - 9. MYCP believes that targeting these age groups will provide the youth support to avoid risky behavior. Monroe County Schools are directly seeing a dramatic increase in drugs in our youth community. This is evident and can be confirmed anecdotally by area school principals and supported by arrest/incident records and the 2006 Florida Youth Substance Abuse Survey (FYSAS). To preserve the "Keys" atmosphere and avoid the Miami -like environment this must be stopped immediately. MYCP is committed to be an agent of change working closely with schools to analyze the issues and provide community support to ensure solutions. To lower the risk factors the community must raise the protective factors. MYCP utilizes the Search Institutes Development Assets as our method of raising protective factors. MYCP needs to continue in building Development Assets for youth in Monroe County. PROTECTIVE FACTORS: At one time behind the state average, Monroe County's overall protective factors have increased from 45% to 48% since MYCP'S first year of inception in 2001 with the most notable improvement in the areas of Community Domain which had a 7% increase and School Domain which had a 10% increase. While Monroe's average increased both domains saw a decrease statewide. Project Summary Capitalizing on the success of the programs in high schools over the past four years, MYCP has brought programming to middle schools. The services are coordinated by the Monroe Youth Challenge Program Prevention Coordinators. These services may be provided by community partners, volunteers, and older youth facilitators. All programs are executed with the end goal of providing opportunity for youth to develop personal assets and protective factors. Application Ref # 2008-JAGC-636 Section #2 Page 1 of 2 Contract 2008-JAGC-MONR-3-Q9- Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Monroe Youth Challenge Program offers: 1) Motivational workshops and Signature Programs which build positive, empathetic relationships among peers and adults and increase commitment to ending violence, building tolerance and "Being an Agent of Positive Change." These may include professional services, such as motivational speaker, Daniel Davison, who motivated 1,400 middle school aged youth with his drug awareness presentation. It also includes our signature programs like Challenge Day or our recently created 8TP (8th Grade Transition Program). Designed by Monroe County High School students who have benefited from MYCP's Leadership programs, this program was created to end school rivalry and bullying for students from middle school as they enter high school. These events will educate students from all socioeconomic ranges to the real threats of emotional burdens throughout the school including, racism, violence, bullying and harassment. These programs support the development of stronger relationships among students and their peers, family, and community. MYCP signature programs foster alliances through understanding the common challenges faced by children. Working to strengthen the leadership skills in students that do not feel included, MYCP actively searches for students on campus suffering from alienation, who do not feel connected to the school. Strengthening students emotional health, redirecting negative factors and empowering the individuals to overcome obstacles, 2) Abuse Prevention and Anti -Bullying Peer Educator Trainings which build protective factors and responsibility to "BE the CHANGE" and model healthy choices for younger peers; 3) Community Service Projects in conjunction with community agencies supporting violence and drug prevention and youth development; 4) Leadership and Life Skills classes and trainings; and 5) Grassroots coordination with schools, existing law enforcement, juvenile justice agencies, social service and civic organizations in order to integrate and increase the impact of existing crime prevention and substance abuse education efforts among public, private and home school students. 6) Partnerships with other youth agencies to encourage seamless community service projects: agencies that in the past lacked student involvement have benefited from the organized approach MYCP uses with student directed activities and the community has benefited from meaningful community service projects and the students have benefited from the direct adult supervision, productive activities, the learning gains as academic approaches have been utilized and an increased sense of community awareness. Application Ref # 2008-JAGC-636 Section #2 Page 2 of Contract 2008-JAGC-MONR-3-O9- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: 04A - Community Crime Prevention Activity Description Activity: Community Service Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description Activity: Community Leader Meetings Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description Activity: Crime Prevention Education Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description Activity: Drug Free Events Target Group: Children Geographic Area: School District Location Type: School, Middle Activity Description Activity: Mentoring Target Group: Children Geographic Area: School District Location Type: School, Middle Application Ref # 2008-JAGC-636 Section #3 Page 1 of 4 Contract 2008-JAGC-MONR-3-Q9- Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Activity Description Activity: Recreation Program Target Group: Children Geographic Area: School District Location Type: School, Middle Address(es) : 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 Sugarloaf 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 # 2008-JAGC-636 Section #3 Page 2 of 4 Contract 2008-JAGC-MONR-3-Q9- Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) 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: 80 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: 12 Application Ref # 2008-JAGC-636 Section #3 Page 3 of 4 Contract 2008-JAGC-MONR-3-Q9- Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If 'other" was selected for the geographic area, please describe. Answer: N/A Question: If "other" was selected for location type, please describe. Answer: N/A Application Ref # 2008-JAGC-636 Section #3 Page 4 of 4 Contract 2008-JAGC-MONR-3-Q9- Rule Reference 110-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Financial Info: Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS / Vendor Number: 59-6000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $50,000.00 $0.00 $50,000.00 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 -- $50,000.00 $0.00 $50,000.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2008-JAGC-636 Section #4 Page 1 of 3 Contract 2008-JAGC-MONR-3-Q9- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative: TOTAL BUDGET (CONTRACTUAL SERVICES): $50,000.00 BUDGET SUB -CATEGORIES: SALARIES AND BENEFITS: $41,990.00 One MYCP Middle School District Prevention Coordinator: $20.00/hour x 13.5 hours x 52 weeks = 14,040.00 Research programming, establish community partnerships and train the prevention coordinators and the high school student leaders 3-5 MYCP Prevention Coordinators - $20.00/hour x 5.75 hours x 52 weeks x 3 persons = 17,940.00 These part-time coordinators work with the school and in the community. They organize prevention classes, drug -free activities, and community service projects. 2 - 3 Administrative Assistants: part time employees; hourly pay $25.00/hour x 3.85 hours x 52 weeks X 2 persons = 10,010.00 Hours per week, number of weeks worked, and number of employees may vary greatly due to school and event schedules and program needs. Amounts above are estimated averages for the entire year. During periods of FCAT testing, for example, there are virtually no hours worked, since the schools suspend these activities during testing. When Challenge Day and other events are hosted, hours will increase. EXPENSES: 1,010.00 Includes prevention materials, club materials, and payments to school district for in -county school bus transportation to and from events. PROFESSIONAL FEES: $7,000 These assemblies, such as Challenge Day, and substance abuse assemblies, are delivered to every middle school aged student in the county. They carry important messages and are easy to implement for the schools as MYCP does all of the coordinating. SERVICES WILL BE PROVIDED PURSUANT TO A CONTRACT BETWEEN MONROE COUNTY AND THE MONROE COUNTY EDUCATION FOUNDATION. Application Ref # 2008-JAGC-636 Section #4 Page 2 of 3 Contract 2008-JAGC-MONR-3-O9- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: Indicate the Operating Capital Outlay threshold established by the subgrantee. Answer: $1,000.00 Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: Yes Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/A Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: N/A Application Ref # 2008-JAGC-636 Section #4 Page 3 of 3 Contract 2008-JAGC-MONR-3-Q9- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) 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. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. 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 11 D-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, Equal Treatment Regulation 28 CFR, Part 38. 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 complete, accurate and timely may result in sanctions, 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 2008 Page 1 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) 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 (OMB) Circulars A-21, A-87, and A-110, 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 2008 Page 2 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida 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 may or 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 2008 Page 3 Rule Reference 110.9.006 OCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance 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. 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-110 or A-102, 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 for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Award No. [contact OCJG for award number] awarded by the Bureau of Justice Statistics, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the 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 SFY 2008 Page 4 Rule Reference 11D-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement accordance with the federal OMB Circular A-133 and other applicable federal law, The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the. subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General: b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. 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 2008 Page 5 Rule Reference 11D-9.006 CCJG-005 (rev October 2005) Edward Bvrne 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 riot 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 2008 Page 6 Rtila Rafarenre 11 D-9.006 OCJG-005 (rev. October 2005) 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 Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total budgeted award. 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. 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 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 2008 Page 7 Rtile Reference 11D-9.006 OCJG-005 (rev. October2005) 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 elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the 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 hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S., using the level 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 SFY 2008 Page 8 Rule Reference 110-9.006 OCJG-005 (rev. October 2005) Edward Bvrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded by the 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 consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award 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 SFY 2008 Page 9 o„ao oor­onro 11 n.o nnA OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) 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). 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 1), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) 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 2008 Page 10 Ride Reference 11 D-9.006 OCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 36. National Environmental Policy Act (NEPA) 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 100-year flood plain, (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded 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 2008 Page 11 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) 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 Lobbying 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 asses smentlimpact 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, SFY 2008 Page 12 Rule Reference 11 D-9.006 CCJG-005 (rev October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory, (5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; (8) Have in place and implement an inter -agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that 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. SFY 2008 Page 13 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) 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 reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 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 Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing 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 SFY 2008 Page 14 Rule Reference 11 D-9.006 CCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting 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 applicable 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 comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 52. National Information Exchange Model specifications To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this condition, visit http://www.niem.gov/implementationquide.php. 53. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 54. Privacy Certification The Subgrant recipient agrees to comply with 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 2008 Page 15 Rule Reference 11 D-9.006 CCJG-005 (rev. October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Pro 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 comply 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. 55. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http//www.oFp.usdoi.gov/ec/states.htm. 56. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 57. Supplanting The recipient agrees that federal funds under this award will be used to supplement but not supplant state or local funds. SFY 2008 Page 16 Rule Reference 11 D-9.006 OCJG-005 (rev October 2005) RESOLUTION NO. 219a - 2007 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 2008 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the Fiscal Year 2008 funding cycle of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, on May 16,2007, 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 $140,746.00 with an additional $0.00 cash match requirement (total of $140,746.00); and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ,o cm MONROE COUNTY, FLORIDA, that: o 1. The Board of County Commissioners concurs with the Monroeaurlfy Substance Abuse Policy Advisory Board's recommendations; what rn 2. The County Administrator is hereby authorized to sign and subotthe -v application packet for the Fiscal Year 2008 grant funds to the Fla:td6: = ' Department of Law Enforcement Edward Byrne Memorial Justice Aoistgnce Grant (JAG) Program; and that >N J 3. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20'h day of June, A.D., 2007. Mayor Di Gennaro Yes MONROE COUNTY ATTORNEY Mayor Pro Tern Spehar Yes AP OVED A$ T FpQRM: Commissioner McCoy Yes YNTHIA L. HALL Commissioner Neugent Yes ASSISTAN .COUNTY,ATTORNEY Commissioner Murphy Yes Date �6 L L,C � (Seal)NY L, KOL RAGE, ClerkMonroq_County Board of Commissioners By: Attes 4-�..- �C, a•c . C erk of Court Mayor CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program SUBGRANTEE CERTIFICATION Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308, Subparts C through H, if they meet the following criteria: (i) have 50 or more employees; and (ii) received a total of $25,000 or more in grants or subgrants; and (iii) have 3 percent or more minorities in services population (however, if less than 3 percent minorities in service population, an EEOP must still be prepared, but must focus on employment practices affecting women only). 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): XX Does meet Act Criteria and does have a current EEO Plan. Does meet Act Criteria and does not have a current EEO Plan. _ Does not meet Act Criteria, and therefore not required to have an EEO Plan. Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18 month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice Programs for review. Has included a copy of the current approval letter from the US DOJ. I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a subgrant application for fedrssice isapproved or face loss of federal funds. Signature of Subgr ntee fthorized Official Type Name: Thomas J. Willi Title: County Administrator Subgrant Recipient: Monroe] County Board of County Commissioners Date: >// �5� 0 7 FDLE JAG Grant Application Package EEO Certification Page 2 of 2 Rule Reference 11 D-9.006 OCJG-006 (Rev. March 2007) 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 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP) to prepare, maintain on file, submit to OJP for review and implement an EEO Plan in accordance with the Omnibus Crime Control and Safe Street Act of 1968, as amended, and 28 CFR Part 42.301-.308, Subparts C through H, if they meet the following criteria: (i) have 50 or more employees; and (ii) received a total of $25,000 or more in grants or subgrants; and (iii) have 3 percent or more minorities in services population (however, if less than 3 percent minorities in service population, an EEOP must still be prepared, but must focus on employment practices affecting women only). 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): XX Does meet Act Criteria and does have a current EEO Plan. _ Does meet Act Criteria and does not have a current EEO Plan. _ Does not meet Act Criteria, and therefore not required to have an EEO Plan. Is Included in the EEO Plan of the Subgrant Recipient. Recipients that meet criteria (i) and (iii) above, and receive over $500,000 (or $1 million during and 18 month period) are required to submit an EEO Plan to the Office for Civil Rights, Office of Justice Programs for review. Has included a copy of the current approval letter from the US DOJ. I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 60 days after a subgrant application for federal as istance is approved or face loss of federal funds. Signature of Implemen ng Afcy Authorized Official Type Name: Thomas J. Willi Title: County Administrator Implementing Agency: Monroe County Board of County Commissioners Date: FDLE JAG Grant Application Package EEO Certification Page 2 of 2 Rule Reference 11 D-9.006 OCJG-007 (Rev. March 2007) 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, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants u Signature: Typed Name and Title: Date: Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant iK�'n�e County Board of County Commissioners Signature: Typed Name and J. Willi, County Administrator Date: Z/ Z�JU7 Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing ` Idapge County Board of County Commissioners Signature: Typed Name and Thomas J/,/Willi, County Administrator Date: L "7 Application Ref # 2008-JAGC-633 Section #6 Page 1 of 1 Contract -JAGC-MONK- - - =--=-- i l o Al 1 A 111 Y I Published Twice Weekly Marathon, Monroe County, Florida STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority person- ally appeared WAYNE MARKHAM who on oath, says that he Is PUBLISHER of the FLORIDA KEYS KEYNOTER, a twice weekly newspaper published In Marathon, In Monroe County, Florida: that the attached copy of advertisement was Published In said newspaper In the Issues of: (date(s) of publ/cation) Affiant further says that the said FLORIDA KEYS KEYNOTER Is a newspaper published at Marathon, in said Monroe County, Florida, and that the said newspaper has heretofore been continuously published In said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mail matter at the post office in Marathon, In Monroe County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement. The afflant further says that he has neither paid nor promised any person, firm, or corporation any discount, rebate, commission or refund for the Purpose of securing this advertisement for publication In the said newspaper(s) and that The Flnritis tr..,� ._ . _ - Sworn to ar/1t;Wf;20;07 this ?� (SEAL) �A Notary No.69706W Notice of Funding - Ecemnr Byrne Law Enforent Assistance Grant Program Monroe County is eligible for$140,706.00 under this program for the fiscal year beginning Oft 1, 2007, Grants are for criminsi Justice related Purposes. Proposab are due In the office of the Grants Administrator, be- low. no later than 5:00 PM dune 4, 2007. The .Substance Abuse Policy Advisory eoord advises t wCounty Commission on the uses of two funds. For an blank pro- Posal form or more infor- mation, contact Dave Owens, Grants Adminis- trator,1100 Simonton Street, Key West, FL 33040; 305-292- 482; owens-davide monroeoounty--A.gov Publish May 23, 2007 Florida Keys Keynoter BEVERLY TRAEGER h MY COMMISSION M DD542134 EXPIRES: Apr. 18,2010 (407) 390-0t 53 Horde Nolry SOMCO cam 09/14/.2007 03:11 3052953660 CLERK OF COURT ' PAGE 04 Owar Them" KM Oyr daY M/r� , 86 ra1� Cooke Communications, LLC Florida Keys Marsha F. Klrwmd Advertising Coordinator PO Box 1800 .FI 33041st....305-2 .e.2-7777 Extension.......x31a pax.............30.a.2"025 ltlmllttl�taanatt� Dom :F1- Edward Synna *Law Enforcement Aeatil ance avant Prog. Monroe Counts it eligible for $140,706.00 under this..pfaprarn for the• flsaal year baginnMtp OcL: 1; 20D7. Grants are .for .odminaf atlpflpa related purpoees. Qroposala'ajs,-dWw, in the office of the Qranta .Admirals.' trator, below, = latter thin 5:6Q P.%, June.4, 2007. Ths:&baian(* Abuse Policy Advisoty' Board advises; thp' County GornMieslon on the, ustfis. off: these funds,. For an blenk.•prtipalMl: form Qr Moro Informaticnr .gmtaiq. Dave Owens, Grau>Is., AdmMia"Mr: ; i 100 91monton, 8lreat„ Kay`.ftK . FC 33040: 305-M-4442; pwertsidp-• vid O monmacoLj*-fl,pov, May'22.. 2007 FLORIDA KEYS OFFICES Prtnting 11Ndn Facility 3420raid. Drive 3 o+o-ieao Tat 306,M-7777 Pax 305 294.0758 dit*nGKWW.aio M Internet Division 1201 % MH Strait (Suits 1o3) Key ww, FL 330404= TN 905-M-1e110 FeK 3015-2W-1M solesOWWARW corn NUM Ko" Oreea am overseas H" 3tv= L (MU 62.5) Toll 305-743­0766 Fax M&74340977 navy eitor®flondakeya min 816�W Old 4" Oa PO Bic 4Qa Ialamoreda, FL (MM81.5) Tel 905.&WZ na Fro( 305484d411 kaapnsaOlbrfdakeye.com Ocean Reaf Oft* 3A Barracuda two Iraq Largo, FL 32037 Tel 306A674e11 Pax 306 W-2181 JUN . ;i i"JUI STATE OF FLORIDA BY: — COUNTY OF MONROE Before the undersigned authority personally appeared Randy G, E 'ckson, who on oath says that he is Vice -President of Advertising Operations the Key West Citizen, a daily newspaper published in Key West, in monr4 a County, „o Florida; that attic copy of ad n" ve 'sement, ping a legal no cc in the Pi matter of cr n in the _ Court, was published in said newsp r in the issues of c M Affiant further says that the Key West Citizen is a newspaper pu lishted in Key West, its said Monroe County, Florida and that the said m wspaper has heretofore been continuously published in said Monroe County, Florida every day, and has been entered as second-class mail matter at the posi office in Key West, in said Monroe County, Florida, for a period of 1 year ne preceding the first publication of the attached copy of advertisement; and affi t further says that he has neither paid nor promised any person, firm or c oration any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. �.., Signature of .rely Sworn and subscribed before me this42,r'l day of 2007 Notary Public: Marsha F. Kirkwood ►_ MARSHAF.KIRKWO]Assn. 1,So Notary Public • State of 3y', My Commission Expires Se 'R.„' B ded By National Commission 0 D"472620 Personally Known x Produced Identification Type of Identification Produced Notice of Public Meeting �. The Monroe C my Substance Abuse Policy A vl and will . meet at 9:00 A.M. on Monday, June 18, the Commission meeting roomoom off the Harvey Govt. Center, Truman Ave. and White St., Key West, to evaluate propos- k air. rats els and make funding recommen- -LC dations to the County Commis- slon concerning the Edward By- rne Justice fiscal year Grant Pro- gram for the fiscall year beginning STATE OF FLORIDA Oct. 1, 2007. This meeting is open to the public. COUNTY OF MONROE For more information, contact Dave Owens, Monroe County Grants Administrator, at 1100 Si- monton St., Key West, FL 33040; 305-2924482; owene-davldQmon- roecounty-fl.aov. June 10. 2007 fkxidakeys.cam key -west. corn Wob Design Services NEWSPAPERS The Citizen Soultw mat Fyw Soiree Hid Bp Pre Free Pass Mrdrori Frse Prow Islamaade Free Prow Key LOW Free PM$ Ciew Row Pre" Seaport Lop MAGAZINE The Mono Home Guile Citizen Locars Guide Praciw Keys TV Chemel Guide MARKETING SERVICES Commercial Prrt m Ckaen Lank Card Direct Mad FLORIDA KEYS OFFICES Printing / Main Facility 3420 Noromft Dn" 3 W0-1000 Tel 305292-7777 Fax 305-29"760 0-•n1pk ywom com Internet Division 1201 V414e Shed (Bud* 103) Key NWK FL 33040.332a Tel 305292-1990 Fax 30529C1699 wksok"st.com Middle Keys Office 6363 (iVereeae Hwy Mrarm, FL (MM 52.5) 33OW3342 Tel 305-743.6766 Fax 305-7434)977 n*wwdor®f brkW*ys. corn Upper Keys 011ie 81549 Old Hwy PO Box 469 313036.04 g FL (MMe1 5) Tel 305-&W2266 Fax 305664$411 fr@W"SG Ooridakeys. corn Ocean Reef Office 3A Barracuda Lana Kay Largo, FL 33037 Tel 305-367.4911 Fax 305.367 2191 Before the undersigned authority personally appeared Randy G. Erickson, who on oath says that he is Vice -President of Advertising Operations of the Key West Citizen, a daily newspaper published in Key West, in Monroe County, Florida; that the attached copy of advertisement, being a legal notice in the matter of 7%'� : 'r �i.� • In the .� issues of �, _ , j CO-' published in said newspaper in the Affiant further says that the Key West Citizen is a newspaper published in Key West, in said Monroe County, Florida and that the said newspaper has heretofore been continuously published in said Monroe County, Florida every day, and has been entered as second-class mail matter at the post office in Key West, in said Monroe County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. J Signature of Affiant Sworn and subscribed before me this day of 2007 Notary Public: Marsha F. Kirkwood i i Expires: September 15, 2009 Notary Seal Personally Known x Produced Identification Type of Identification Produced ............ Published Twice Weekly Marathon, Monroe County, Florida P PUBrltren.... STATE OF FLORIDA COUNTY OF MONROE Before the undersigned authority Person- ally appeared WAYNE IMARKHAN who on oath, says that he Is PUBLISHER of the FLORIDA KEY! KEYNOTER, a twice weekly newspaper published In Marathon, In Monroe County, Florida: that the attached copy of advertisement was Published In said newspaper In the Issues Of, (da (s) of publlcatlon) M� 2ov ARlant further says that the said FLORIDA KEYS KEYNOTER Is a newspaper published at Marathon, In said Monroe County Florida, and that the said newspaper has heretofore been continuously published In said Monroe County, Florida, twice each week (on Wednesday and Saturday) and has been entered as a second class mall matter at the Post offlce in Marathon, in riod Monroe County, Florida, for a peof one year next preceding the first publication of the attached of advertisement. The aMant furter says that he has neither paid nor promised any Person, firm, or corporation any discount, rebate, commission or refund for the Purpose of securing this advertisement for publication In the said newspaper(s) and that the Florida Ke nQter IS In R dr tes fie_ with t; haotp� sn ..s �• Advertleo.„e.,.,. this `� � R+ uerore me (SEAL) D of �L--_., 2007 No.oleo9oo Ne"Co wpu4Nc Mewing TheMorwaseau" sbnocAbtsPWYAI. �� at 0:00 A.M. on Monday. Juno 18, 2007, in the Commlppkm room oftho „ - Cantsr, TnmW6ve. and S•. Kny,Wbojo make fu"SkIalra bto Iha Cocorrinwomm r n. I ow Edward gyrm P, M br plrgo &vnt ro�r�lao�. �t, 0P* ►fo iM pub&@ - N FjormonalMon Marrwat Dan CouMyt3ranb' AdmiMatrato►, at 1100 81- nwnton 8L, Key Wept, FL 33040. 30&2g2-4482. �° onmp- Pub#ahJune13,2007 BEVERLY TRAEGER Notary y MY COMMISSION x DD542134 ?of 04T I-XPIRES: Apr. 19.2010 I4C7) 398-0153 Flands No �V S�rv�ca com