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Item F28BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 17, 2010 Bulk Item: Yes ® No ❑ Division: OMB Department: Grant Management Staff Contact Person: Lisa Tennyson x4444 AGENDA ITEM WORDING: Authorization for the Mayor to execute the Certificate of Acceptance of Subgrant Award for the Heron Peacock Supported Living's Preventing Recidivism for Adults with Mental Illness To Incarceration and Substance Abuse Program, using funds provided under the FDLE Edward Byrne Memorial Justice Assistance Grant program, for the period from October 1, 2010 through September 30, 2011. 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: Approval to apply for grant funds given at July 2010 meeting. Contract with Heron -Peacock Supported Living also on the agenda for this meeting. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Approval TOTAL COST: $28,500 INDIRECT COST: BUDGETED: Yes ® No ❑ DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $0 SOURCE OF FUNDS: FDLE REVENUE PRODUCING: Yes ❑ No ® AMOUNT PER MONTH C YEAR APPROVED BY:0OUNTY ATTY�] O CHASING ❑ RISK MANAGEMENTK7 DOCUMENTATION: INCLUDED: ® NOT REQUIRED: ❑ DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Law Effective Date: 10/01/010 Enforcement Expiration Date: 09/30/11 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Heron Peacock Supported Living's Preventing Recidivism for Adults with Mental Illness To Incarceration and Substance Abuse Program. Contract Manager: Lisa Tennyson (Name) for BOCC meeting on 11/17/10 4444 OMB/Grants Mgt. (Ext.) (Department) Agenda Deadline: 11/06/10 CONTRACT COSTS Total Dollar Value of Contract: $28,500 Current Year Portion: $28,500 Budgeted? Yes X No Account Codes: 125-060.0-530490-GG ml - Grant: $28,500 County Match: $0 ADDITIONAL COSTS CONTRACT REVIEW Changes Date Ip Needed Division Director /U Yes❑ No Risk Manag ment %I �� Yes❑ No� filti ,,tt `v M.B./Purc asift [I J— Yes No County Attorney �� Yes❑ Nod Comments: OMB Form Revised 9/11/95 MCP #2 Revised 2/95 Date Out Rev ewer ❑� /l IG Florida Department of Office of Criminal Justice Grants Charlie Grist, Governor Law Enforcement Post Office Box 1489 Bill McCollum, Attorney General Tallahassee, Florida 32302-1489 Alex Sink, Chief Financial Officer Gerald M. Bailey (850) 617-1250 Charles H. Bronson, Commissioner of Agriculture Commissioner www.fdle.state.fl.us SEP292010 01-T04MCI 0M() The Honorable Sylvia Murphy Mayor Monroe County Board of Commissioners 102050 Overseas Highway Key Largo, FL 33037 Re: Contract No. 2011-JAGC-MONR-3-B2-159 Dear Mayor Murphy: The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $ 28,500.00 for the project entitled, PREVENTING RECIDIVISM FOR ADULTS WITH MENTAL ILLNESS TO INCARCERATION AND SUBSTANCE ABUSE. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. Changes were made and an addendum was added to these conditions after your application was received in this office. Therefore, the Standard Conditions and the Addendum should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service • Integrity • Respect • Quality The Honorable Sylvia Murphy Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at 850/617-1250. Sincerely, CTaytori H. Wilder Administrator CHW/JP/ps Enclosures State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2011-JAGC-MONR-3-B2-159, in the amount of $ 28,500.00, for a project entitled, PREVENTING RECIDIVISM FOR ADULTS WITH MENTAL ILLNESS TO INCARCERATION AND SUBSTANCE ABUSE, for the period of 10/01/2010 through 09/30/2011, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. (Signature of Subgrantee's Authorized Official) (Typed Name and Title of Official) (Name of Subgrantee) (Date of Acceptance) Rule Reference 11 D-9.006 OCJG-012 (Rev. October 2005) 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: 9 ' vZ 6)- 1 V Grant Period: From: 10/01/2010 TO: 09/30/2011 Project Title: PREVENTING RECIDIVISM FOR ADULTS WITH MENTAL ILLNESS TO INCARCERATION AND SUBSTANCE ABUSE Grant Number: 2011-JAGC-MONR-3-B2-159 Federal Funds: $ 28,500.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 28,500.00 State Purpose Area: A: State/Local Initiatives - Coordinate/Organize Local Initiatives/State Initiatives 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 1D, 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. Authorized 101ficial Clayton H. Wilder Administrator (4-a9- lb Date ( ) This award is subject to special conditions (attached). Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Addendum To Standard Conditions For Subgrant Recipients receiving Edward Byrne Memorial Justice Assistance Grant (JAG) Program funds under Federal Grant No. 2010-DJ-BX-0455, the following additional conditions apply: 1. Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable Subgrant recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 2. Task Force Training Requirement (Revised Standard Condition 63) The subgrant recipient agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (internet-based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training will address task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 3. High Risk Subgrantees The subgrant recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the U.S. Department of Justice determines that the recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. SFY 2011 Page 1 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: Sylvia Murphy Title: Mayor Address: 102050 Overseas Highway City: Key Largo State: FL Zip: 33037 Phone: 305-453-8787 Ext: Fax: 305-453-8789 Email: murphy-sylvia@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 Email: dkolhage@monroe-clerk.com Application Ref # 2011-JAGC-1484 Section #1 Page 1 of 2 Contract 2011-JAGC-MONR-3-B2-159 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: Sylvia Murphy Title: Mayor Address: 102050 Overseas Highway City: Key Largo State: FL Zip: 33037 Phone: 305-453-8787 Ext: Fax: 305-453-8789 Email: murphy-sylvia@monroecounty-fl.gov Project Director Name: Lisa Tennyson Title: Grants Administrator Address: 1100 Simonton Street Room 2-213 City: Key West State: FL Zip: 33040 Phone: 305-292-4444 Ext: Fax: Email: Tennyson-Lisa@monroecounty-fl.gov Application Ref # 2011-JAGC-1484 Section #1 Page 2 of 2 Contract 2011-JAGC-M0NR-3-B2-159 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: PREVENTING RECIDIVISM FOR ADULTS WITH MENTAL ILLNESS TO INCARCERATION AND SUBSTANCE ABUSE Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2010 End Date: 9/30/2011 Problem Identification The proposed project is "Breaking the Cycle, Heron -Peacock Supported Housing to Prevent Recidivism of Adults with Mental Illness to Incarceration and Substance Abuse." The program provides housing and supportive services to men and women who are mentally ill, with a recent history of incarceration and substance abuse; it also monitors all program clients to promote successful recovery, prevent drug abuse and re -incarceration. The plainly entitled report, "More Mentally III Persons are in Jails and Prisons Than Hospitals: A Survey of the States" was a joint effort of the Treatment Advocacy Center and the National Sheriffs Association, also asserts that 16% of those in prison have a serious mental illness. This compares to a 1983 finding when the percentage was 6.4%. Thus in less than three decades, the percentage of mentally ill prisoners has almost tripled. In a Key West Citizen article, Monroe County Sheriff Bob Peryam, stated about the Monroe County Correctional Facility that "we're looking at reducing the population of folks with mental health issues, drug or alcohol issues, or homeless issues. Many of these people do not need to be in jail." Monroe County Detention Center reports that 80+% of those arrested have substance abuse problems. Incarceration of a mentally ill person is considerably more expensive than it is for the average offender, since during incarceration; these offenders need ongoing mental health treatment and supervision. Many of the discussions and writings about release and reintegration of ex -offenders into the community stress that if the person being released does not have a positive destination they are more likely to be a repeat offender. What is needed to prevent this is to have stable housing, support, and safe transportation to a recovery program in place before release. These services are provided through Heron -Peacock. It has been shown that once people have housing they are more receptive to participating in other programs to deal with mental health and substance abuse issues. In fact, this past year 2 formerly incarcerated clients were among 10 clients that moved from our program to independence in the community. Heron -Peacock not only offers a more effective recovery environment than alternatives such as homelessness, correctional institutions, and State psychiatric hospitals, they are considerably more cost effective. For example, information provided by the Monroe County Sheriffs Office indicates that it costs approximately $85.00 a day to maintain a prisoner in the County Jail. In addition, the daily cost of a stay at FL Northeast State Psychiatric Hospital is approximately $233.00. By contrast the average cost per day for our programs is $49.40. Problem Significance: As described above there is a critical need to address the problems of widespread, ineffective, and often unnecessary incarceration of people who have mental illness and who have a dual diagnosis of substance abuse. This not only hurts the criminal justice system and the taxpayers by overcrowding correctional Application Ref # 2011-JAGC-1484 Section #2 Page 1 of 5 Contract -JAGC-MONR- - - 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 facilities and presenting inmates who have difficult problems and need specialized expensive care it can also harmfully affect a person with mental illness to the extent that they may never recover and will suffer the "revolving door" cycle of drug and alcohol abuse, possible homelessness, and recurring to incarceration. Many of our severe and chronic mentally ill live on a $550 a month disability check which cannot pay for housing in Monroe County. Our non-profit is the only provider of transitional and permanent supportive housing for this population in the Florida Keys. Needs Assessment: The problem of incarceration of adults with mental illness and substance abuse, especially those who are not major offenders is very serious and is growing. Almost all jail inmates with co-occurring mental illness and substance use disorders will leave correctional settings and return to the community. Monroe County is considered to be an area of critical need with inadequate resources, to meet the requirements of a disproportionately high percentage of individuals with Mental Illness or Co - Occurring Disorders, in need of services. Monroe County has the third highest incarceration rate in the State of Florida. The Homeless rate in Monroe County is the one of the highest per capita, in the State of Florida. There is only 1 Assisted Living Facility with a Mental Health License serving a total of 16 low- income clients and only 1 Housing facility with a total of 34 beds willing to take individuals with serious mental illnesses and substance abuse. (These are the facilities of Heron -Peacock). In a recent study conducted by the MCJMHSA, occupants of four facilities in the area that provide housing for the homeless were interviewed. 59% responded that they had been arrested at some time and 46% indicated that they had at some time received counseling for a mental health or substance abuse problem. In addition, 86% reported that they were participating in a program or shelter for homelessness. As such, there is an interrelationship among mental illness, substance abuse, homelessness, and arrest and incarceration that must be addressed. Data provided by the Southernmost Homeless Assistance League (SHAL) from the 2009 Point -in -Time study performed in January 2009 showed there were 1,040 homeless people in Monroe County at that time. Out of the 289 people surveyed who indicated they had a disabling condition, 108 (37%) had problems relating to mental health and 165 (57%) had issues with drug or alcohol addiction. These are the very populations that our proposed project will serve. In addition, the 2009 survey indicates that of the subpopulations of the homeless, one of those with the greatest need and the least resources to serve were the Mentally III. In fact, the problems of inappropriate incarceration and its link to homelessness have become so epidemic that the federal Substance Abuse and Mental Health Services Administration (SAMHSA) has identified major initiatives "to divert individuals with mental illness from the criminal justice system to mental health treatment and appropriate supported services." Heron -Peacock is the only supported living program of its kind in the Keys for people with a history of co-occurring disorders. Project Summary The United States Fellowship of Florida d/b/a Heron -Peacock Supported Living (herein referred to as Heron -Peacock) proposes the project entitled "Breaking the Cycle, Heron - Application Ref # 2011-JAGC-1484 Contract -JAGC-MOLAR- - - Section #2 Page 2 of 5 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 Peacock Supported Housing to Prevent Recidivism of Adults with Mental Illness to Incarceration and Substance Abuse." It focuses on decreasing clients' return to homelessness and incarceration or re-carceration in correctional facilities by providing competent referral and intake services, provision of housing and activities to stabilize their situation and help them with recovery and assistance with obtaining benefits e.g. Social Security income, and a supported employment program to ensure that clients have resources so that they will have income to sustain them and enable clients to function on their own and prevent repeat incarceration. In short, our housing and supported services help people with mental illness and a history of incarceration to obtain residential, personal, and financial stability to become self-reliant and live successfully and independently in the community. The spectrum of clients in the program includes men and women, 18 years of age and older from all backgrounds and demographic groups who because of their mental health difficulties and concurrent problems with drugs or alcohol have been recently incarcerated. Heron -Peacock operates two facilities one in Key West and one in Marathon in the Middle Keys for a total of 50 beds. Peacock Apartments in Key West offers 34 beds. The Heron, a licensed Assisted Living Facility (ALF) in Marathon with 16 beds provides more intensive support. Services include stable housing, medication management and supervision, drug screening testing and counseling, referrals to other providers for psychiatric consultations, prescriptions, medical and dental care and related services. Transportation, life skill development, supported employment, and recreational outings are other activities. Other services may include assistance with personal grooming, food service, and help with daily activities such as shopping; banking, etc., and 24-hour staff support. Both facilities offer educational programs, skills development, supported employment, and other constructive activities, especially those provided by the Personal Growth Center of the Guidance Care Center in Marathon. Clients also receive assistance with applying for and obtaining benefits such as Social Security Programs. Of the current capacity of 50 clients at Heron -Peacock 19 or 38% fall into the target population of the proposed project, adults with a history of incarceration and dual diagnoses of mental illness and substance abuse. This is the group that will be served by our prevention and education project. From November 2009 to May 31, 2010, 23 clients with a history of incarceration were served. 8 of these clients were referred from the Monroe County Jail Diversion Program. Out of this group, 19 men and women had co-occurring diagnoses of substance abuse. The participants in this program will only be those referred to us through the criminal justice system -- mostly though Pre -Trial Services and the Monroe County Jail Diversion Program; on occasion, the program will also recieve a referral through the Forensic Unit of the State Hospital. Objectives and related activities are as follows: 1) a. To prevent recidivism of clients with a history of incarceration, primarily those entering through Pre -Trial Services or the Monroe County Jail Diversion Program. Activities: a. Use of Intake and Referral: The Site Manager and Team Leader will use the intake and referral process to facilitate entry into the Heron -Peacock Supported Living Program of people referred with a history of arrest and incarceration, and have a diagnosis of mental illness. Actions include initial contact with applicant, review of the Application Ref # 2011-JAG C-1484 Contract -JAGC-MONR- - - Section #2 Page 3 of 5 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 referral for suitability and agreement of the applicant to accept program goals and policies, conducting background checks and excluding those with a history of violence, non-compliance with medications and other inappropriate behaviors, determining ability to pay client fees: and attempting to assist with this. The person applying is then accepted or not accepted into the program. b. Provision of Stable Housing and Supported Services: Clients are provided with housing at Heron or Peacock, assessed through use of a personal plan instrument, appropriate supportive services are identified and implemented; 2) Drug abuse prevention and intervention. Activities: The project will use Assessment, Monitoring, Testing, 90-day Program and Treatment Referrals to address and reduce problems of substance abuse. Staff will determine if the applicant has a history of substance abuse and discuss what the problems are. During this process clients are advised that the program does not permit drug or alcohol use and this can be grounds for discharge. Clients are drug and alcohol tested randomly on a monthly basis and immediately for cause. If someone tests positive they are counseled by staff and must agree in writing to participate in a 90-day program during which they are tested weekly and participate in recovery treatment through a program such as AA or through counseling from a recovery and treatment professional. After the initial test the client is given two more chances. If they test positive two more times during the 90 days they are discharged from the program. This approach is unique and has been proven to be more effective than programs that discharge offenders after one positive test. Professionals in the field regard our program as a best practice since it assumes that people with substance abuse problems are likely to relapse and need help not punishment. 3) Recovery and wellness. This addresses all three areas of need, mental health, drug abuse, and incarceration and includes activities directed at getting clients better and able to achieve the highest degree of independence possible and community integration. It will decrease their likelihood of being arrested and returning to incarceration and assist in their resistance to abuse drugs and alcohol since they will have a stable and viable lifestyle. Methods of support include stabilization, entry, and continuation in the program, Wellness Recovery Action Plan (WRAP), supported employment, and related activities. Heron -Peacock staff will provide the services including referrals to treatment programs and medical personnel. Staff members working with the project include the Site Manager, Team Leader, and two Case Management Support Workers. Funding for a portion of these positions is included in the program budget. Heron -Peacock works closely with other relevant service providers in the community including the Guidance Care Center, The Guidance Clinic, The Crisis Stabilization Unit (De Poo Hospital), Pre -Trial Services and the Court System, including the Public Defender's Office, and the Monroe County Jail Diversion Program, and Samuel's House. Application Ref # 2011-JAGC-1484 Contract -JAGC-MONR- - - Section #2 Page 4 of 5 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: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Application Ref # 2011-JAGC-1484 Contract-JAGC-MONR- - - Section #2 Page 5 of 5 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: 005 - Drug Treatment Programs State Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State Initiatives Activity Description Activity: Assessment Target Group: Mentally III Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Assessment Target Group: Substance Abusers Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Drug Testing Target Group: Mentally III Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Drug Testing Target Group: Substance Abusers Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Drug Testing Target Group: Offenders of all types Geographic Area: Rural Location Type: Community -based organization Application Ref# 2011-JAGC-1484 Contract 2011-JAGC-M0NR-3-B2- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Section #3 Page 1 of 5 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Activity Description Activity: Case Management Target Group: Mentally III Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Case Management Target Group: Substance Abusers Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Case Management Target Group: Offenders of all types Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Substance Abuse Treatment Target Group: Substance Abusers Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Transitional Housing Target Group: Substance Abusers Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Transitional Housing Target Group: Mentally III Geographic Area: Rural Location Type: Community -based organization Application Ref# 2011-JAGC-1484 Contract 2011-JAGC-MOLAR-3-B2- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Section #3 Page 2 of 5 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Ad 1 - 'Y Activity Description Activity: Life Skills Training Target Group: Substance Abusers Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Life Skills Training Target Group: Mentally III Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Employment Preparation Target Group: Substance Abusers Geographic Area: Rural Location Type: Community -based organization Activity: Target Group: Geographic Area Location Type: Activity Description Employment Preparation Mentally III Rural Community -based organization Activity Description Activity: Life Skills Training Target Group: Offenders of all types Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Employment Preparation Target Group: Offenders of all types Geographic Area: Rural Location Type: Community -based organization Application Ref # 2011-JAGC-1484 Contract 2011-JAGC-MONR-3-B2- Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) Section #3 Page 3 of 5 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide i Objectives and Measures Objective: 03.A.DS* - Number of program participants receiving services Measure: Part 1 Number of program participants to receive services during the grant period Goal: 19 Measure: Part 2 Number of program participants to receive services during each reporting period Goal: 19 Objective: 05.A.DS* - Number of program slots offered through initiatives Measure: Part 1 Number of program slots to be available at the start of the grant period Goal: 19 Measure: Part 2 Number of program slots to be created (added) during the grant period using grant funds Goal: 19 Objective: 06.A.BT* - Number of program participants who completed programming Measure: Part 1 Number of program participants to complete programming during the grant period Goal: 19 Measure: Part 2 Number of program participants who will exit programming during the grant period (complete or not complete) Goal: 19 Objective: 58.A.Sl - Number of existing local initiatives Measure: Part 1 Will this grant continue a local initiative that was begun with any other funding source, including a prior year's grant? Goal: Yes Application Ref # 2011-JAGC-1484 Section #3 Page 4 of 5 Contract 2011-JAGC-MONR-3-132- 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: If "other" was selected for the geographic area, please describe. Answer: NA Question: If "other" was selected for location type, please describe. Answer: NA Application Ref # 2011 -JAGC-1 484 Section #3 Page 5 of 5 Contract 2011-JAGC-MONR-3-B2- 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 Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR / Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $28,500.00 $0.00 $28,500.00 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 -- $28,500.00 $0.00 $28,500.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2011-JAGC-1484 Section #4 Page 1 of 4 Contract 2011-JAGC-MONR-3-B2- 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: Budget Narrative Contractual Services: Heron -Peacock Supported Living will provide 1,900 hours of servcies to clients who are dually diagnosed with mental illness and substance abuse who also have a recent history of incarceration. The Service will include: assessments, case management and support services, drug testing, substance abuse counseling and recovery, and skills training. Services will be provided approximately 36.5 hours per week, 52 weeks per year for a total of approximately 1,900 hours during the grant period. The services will be provided by case management staff members. Unit: 1 hour Unit cost: $15.00 Assessments: 50 units@ $15.00 = 750 Substance Abuse Testing, Counseling and Recovery Programming: 925 units@ $15.00 = $13,875 Case Management: 925 units @ $15.00 = $13,875 Unit cost calculation: 1,900 hours x 15.00 = $28,500 CONTRACT Monroe County will exectue a contract with U.S. Fellowship of Florida d/b/a Heron -Peacock Supported Living for the period of Oct 1, 2010 through Sept 30, 2011 to cover the grant period. A copy of the executed contract will be sent to FDLE. Application Ref # 2011-JAGC-1484 Section #4 Page 2 of 4 Contract 2011-JAGC-M0NR-3-B2- 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: 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: NA Question: If benefits are to be included, are they reflected in the budget narrative? Answer: NA Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: Monroe County's OCO threshold is $1,000. 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: NA 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: Unit cost basis: Salaries of contractual service provider: Site Manager: 20% of 29,120 = $ 5,842 Case Mgmt Team Leader 35% of $29,460 = $10,311 Full Time Support Case Worker 32% of $29,460 = $9,427 Part Time Support Case Worker 20% of $11,440 = $2,288 No benefits Total Salaries = $27,868 Supplies, including drug test kits = $632 Total budget = $28,500 Total service units to be provided: approximately 36.5 hours per week for 52 weeks for a total of approximately 1,900 service hours. Unit Cost = $28,500 / 1900 hours = $15 Application Ref # 2011-JAGC-1484 Section #4 Page 3 of 4 Contract 2011-JAGC-MONR-3-132- Rule Reference 11D-9.006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Unit cost was established by contracted service provider in June 2010. Application Ref # 2011-JAGC-1484 Section #4 Page 4 of 4 Contract 2011-JAGC-MONR-3-B2- 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 (Financial Guide)(hftp://www.oip.usdoo.gov/financialguide/index.htm) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance (http://www.oip.usdoi.gov/BJA/grant/lag.htmi) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: • Florida Administrative Code, Chapter 11 D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": https://www.firuies.org/ Office of Management and Budget (OMB) Circulars: http://www.whitehouse.goy/omb/circulars o A-21 (2 CFR 220), "Cost Principles for Educational Institutions" o A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" o A-102, "Grants and Cooperative Agreements with State and Local Governments" o A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" o A-122 (2 CFR 230), "Cost Principles for Non -Profit Organizations" o A-133, "Audits of States, Local Governments, and Non -Profit Organizations" Code of Federal Regulations: http://www.gpoaccess-govlcfr/index.htmi o 28 CFR 38, "Equal Treatment for Faith -Based Organizations" o 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) o 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" o 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63 • Public Law 109-162, Title XI --Department of Justice Reauthorization, Subtitle B— Improving the Department of Justice's Grant Programs, Chapter 1—Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: http://www.oip.usdo*.gov/BJA/grant/iag.htmi • United States Code: http://www.gpoaccess.gov/uscode/index.htmi o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs 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 SFY 2011 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 (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, within 15 days after the end of the reporting period. 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 a response to all objectives included in your subgrant. A detailed response is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports 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. Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information. (b) 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 (OCJG) through the Subgrant Information Management ON -line (SIMON) system. (c) All Project Expenditure Reports shall be submitted in sufficient detail for proper pre - audit and post -audit. (d) 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. (e) Reports are to be submitted even when no reimbursement is being requested. (2) The Financial Closeout Documentation shall be submitted to the Department within forty- five (45) days of the subgrant termination date. (3) If applicable, the subgrant recipient shall submit Quarterly Project Generated Income Reports to the Department within 31 days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter, If any PGI remains unspent after the subgrant ends, the subgrant recipient must continue SFY 2011 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement submitting quarterly PGI reports until all funds are expended. (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 the Office of Justice Programs Financial Guide, the Common Rule, and 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. 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. Advance Funding Advance funding shall be provided to a subgrant recipient upon a written request to the Department. 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. Any unexpended interest remaining at the end of the subgrant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9. Travel and Training The cost of all travel shall be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to § 112.061, Fla. Stat. SFY 2011 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project shall be deemed program income. b. Any project that will potentially earn PGI must submit an Earnings and Expenditures Report to report how much PGI was earned during each quarter. A report must be submitted each quarter even if no PGI was earned or expended. c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to the award. If the cost is allowable under the Federal grant program, then the cost would be allowable using program income. d. Program income should be used as earned and expended as soon as possible. Any unexpended PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds $450 (excluding travel and subsistence costs) for an eight -hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Rule, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $450 threshold does not apply. 12. Property Accountability a. The subgrant recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs 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 Office of Justice Programs 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 SFY 2011 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The 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 the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance, 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 Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program -specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The 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 § 11.45, Fla. Stat. , "Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat. , "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For -Profit Organizations." b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 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. 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. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB 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. SFY 2011 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department 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. 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or 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 adjustment to this agreement. 19. Excusable Delays Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, SFY 2011 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the 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 a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item c. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., 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 § 120, Fla. Stat. 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 right of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. 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 § 119, Fla. Stat. , and SFY 2011 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority 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 Subgrant recipient or Implementing Agency, Project Director, or Contact Person, the Department must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of § 435, Fla. Stat. shall apply. 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 § 435, Fla. Stat., 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 SFY 2011 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses 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 or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for 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 Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court Programs." 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 The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 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 the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily - imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § SFY 2011 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice Non -Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith - based and community organizations). b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at http://www,oir),usdoi.gov/about/ocr/eeop comply htm, must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. c. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. e. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. f. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, 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 Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 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. 36. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses SFY 2011 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken 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. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice 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 and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" 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. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; SFY 2011 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR 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. 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 31 USC 1352. 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. As required by 31 USC 1352, and implemented at 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose 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 the Office of Justice Programs. SFY 2011 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any 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 subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the 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 SFY 2011 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 43. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. 44. The Coastal Barrier Resources Act The subgrant recipient 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: 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 subgrant recipient 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 SFY 2011 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 subgrant recipient 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 It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 49. Omnibus Crime Control and Safe Streets Act The subgrant recipient 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. 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. 51. National Information Exchange Model specifications To support public safety and justice information sharing, the Office of Justice Programs 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:l/www,niem.gov/implementation-guide.php. 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by the Bureau of Justice Assistance. SFY 2011 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 53. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 54. 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 it oipgov/default aspx?area=iDoIicyAndPractice&page=1046. 55. Interstate Connectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance 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 the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 56. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities. 57. Conflict of Interest The subgrant recipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 58. Uniform Relocation Assistance and Real Property Acquisitions Act The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs. 59. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 60. Equal Treatment for Faith Based Organizations The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the SFY 2011 Page 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or prose lytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.oip.gov/about/ocr/equal fbo htm. 61. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee. 62. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds 63. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (internet-based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. This training will address task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). SFY 2011 Page 17 RESOLUTION NO. r - 2010 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 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the funding for Fiscal Year 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, the Monroe County Board of Commissioners agrees 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 $132,959 with no cash match; and - WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. The County Administrator is hereby authorized to sign and submit the application packet for the Fiscal Year 2011 grant funds to the Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and that 3. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of MonroQ Count --, Florida, at a regular meeting of said Board held on the 21st day of July, A.Q=-2C413. G ::.. (-} 7- c... rn Mayor Murphy Yes Mayor Pro Tern Carruthers Yes ry Commissioner Neugent Yes - r Commissioner DiGennaro Yes = c-) Commissioner Wigington Yes o - (Seal) Mon Attest: c • Clerk of Court my B Issloners MONRo oUW4TORNtY AP.P V AS TO FORM: 54 STINE M. LIMBERT-BARROWS ASSISTANT, COUNTY ATTORNEY CERTIFICATION FORM Recipient Name and Address: Monroe County Board of County Commissioners Grant Title: Recidivism Prevention for Mentally III Grant Number: 2011-JAGC-1484Award Amount: $ 28,500 Contact Person Name and Title: Lisa Tennyson, Grants Administrator Phone Number: (305) 292-4444 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R §§ 42.301-.308. The regulations exempt some recipients from all of the ESOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7`}' Street, N.W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307-2027. Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check all the boxes that apply. ❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe, ❑ Recipient is a non-profit organization, ❑ Recipient is an educational institution, or ❑ Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000 I, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R. §42.302. I further certify that [recipient) will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): 1, Roman Gastesi, Jr., County Administrator [responsible official], certify that the Monroe County Board of County Commissioners [recipientj,which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of: Calvin Allen, EEO Officer, Monroe County BOCC [organizationj, at 1100 Simonton Street, Key west, Florida 33040 [addressj,for review by the public and employees or for review or audit by officials of the relevant state plannin ency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevan w re at' ns. Roman Gastesi, Jr., County Administrator 7/21/10 Print or type Name and Title ignature Date OMB Approval No. 1121-0140 Expiration Date .01/31/06 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 Signature: Y OC W J Typed Name and Title: C-1) L LY Date: .1V Q Subgrant Recipient Y Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) --� Typed Name of S rant Recipient,�� Signatu� _tzf 2 yciLU Typed Name and Title: + vi Ca ty1�'J�'_� n✓��(c Date: J o ((,l- Implementing Agency Official, Administrator or Designated Representative Typed Name of Im em Signature: Type ame Title: Date: ng Agency: n Application Ref # 2011-JAGC-1484 Section #6 Page 1 of 1 Contract-JAGC-MONR- - - Rule Reference 11 D-9.006 OCJG-005 (rev. April 2005) r Aj _j L Lj