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2013-JAGC-MONR-4-D7-247 12/12/2012DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: December 20, 2012 TO: Michelle Grillo, Grants Analyst Office of Management & Budget FROM: Pamela G. Hanc4. C. At the December 12, 2012, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: ✓ Item C4 Board granted approval for the Mayor to execute the Certificate of Acceptance of Sub -grant Award for Heron - Peacock Supported Living's Recidivism Prevention for Mentally Ill Adults with Criminal and Substance Abuse Histories Program, using funds provided under the FDLE Edward Byrne Memorial Justice Assistance Grant program, for the period from October 1, 2012 through September 30, 2013. Enclosed are three duplicate originals for your handling. Item C5 Board granted approval and authorized execution of the Edward Byrne Memorial Justice Grant Program Funds Agreement with United States Fellowship of Florida, Inc. d/b /a Heron - Peacock Supported Living's Recidivism Prevention for Mentally Ill Adults with Criminal and Substance Abuse Histories Program, for the period from Oct 1, 2012 through Sept 30, 2013. Enclosed are three copies for your handling. Should you have any questions, please feel free to contact my office. cc: County Attorney w/o documents Finance File Florida Department of Law Enforcement Gerald M. Bailey Commissioner Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302 -1489 (850) 617 -1250 www.fdle.state.fl.us Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture NOV 7 2012 The Honorable David Rice Mayor Monroe County Board of Commissioners 1100 Simonton Street Room 2 -213 Key West, FL 33040 -3110 Re: Contract No. 2013 - JAGC - MONR -4 -D7 -247 Dear Mayor Rice: 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 $ 16,499.00 for the project entitled, HERON - PEACOCK: SUPPORTIVE HOUSING TO PREVENT RECIDIVISM OR DIVERSION OF ADULTS WITH MENTAL ILLNESS 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 after your application was received in this office. Therefore, the Standard Conditions 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 David Rice 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, (2-� R - kj-'J� Claytonl H. Wilder Administrator CHW /JP /st 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 2013 - JAGC - MONR -4 -D7 -247, in the amount of $ 16,499.00, for a project entitled, HERON - PEACOCK: SUPPORTIVE HOUSING TO PREVENT RECIDIVISM OR DIVERSION OF ADULTS WITH MENTAL ILLNESS AND SUBSTANCE ABUSE, for the period of 10/01/2012 through 09/30/2013, 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) George Neugent, Mayor (Typed Name and Title of Official) Monroe County (Name of Subgrantee) Attest: Amy Heavilin, Clerk Ad Interim by: . Defuty Clerk December 12, 2012 (Date of Acceptance) MONROE COUNTY ATTORNEY ^' r APPR ASTOFORM: rn _to.nQ7f� ie �e t F = .ylcn� CHRISTINE M. LIMBERT- BARROWS N C O ASSIST ANNT COUNTY ATTORNEY Date .. O C!7 ca 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 ' / " Grant Period: From: 10/01/2012 TO: 09/30/2013 Project Title: HERON - PEACOCK: SUPPORTIVE HOUSING TO PREVENT RECIDIVISM OR DIVERSION OF ADULTS WITH MENTAL ILLNESS AND SUBSTANCE ABUSE Grant Number: 2013 - JAGC - MONR -4 -D7 -247 Federal Funds: $ 16,499.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 16,499.00 CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351, as amended, and the Anti -Drug Abuse Act of 1988, P.L. 100 -690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D, Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars A -110 or A -102, as applicable, and A -21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90 -351, as amended, and P.L. 100 -690. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. CQ Authorized 10fficial Clayton H. Wilder Administrator // -7- /Z Date ( ) This award is subject to special conditions (attached). Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: David Rice Title: Mayor Address: 1100 Simonton Street Email: dkolhage @ monroe- clerk.com Application Ref # 2013 -JAGC -1988 Contract 2013 - JAGC - MONR -4 -D7 -247 Section #1 Page 1 of 2 Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005) Room 2 -213 City: Key West State: FL Zip: 33040 -3110 Phone: 305 - 289 -6000 Ext: Fax: Email: rice -david @monroecounty -fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 -3110 Phone: 305 - 292 -3550 Ext: Fax: 305 - 295 -3663 Email: dkolhage @ monroe- clerk.com Application Ref # 2013 -JAGC -1988 Contract 2013 - JAGC - MONR -4 -D7 -247 Section #1 Page 1 of 2 Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: David Rice Title: Mayor Address: 1100 Simonton Street Project Director Room 2 -213 City: Key West State: FL Zip: 33040 -3110 Phone: 305 - 289 -6000 Ext: Fax: City: Email: rice -david @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 # 2013 -JAGC -1988 Section #1 Page 2 of 2 Contract 2013 - JAGC - MONR -4 -D7 -247 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 1. General Project Information Project Title: HERON - PEACOCK: SUPPORTIVE HOUSING TO PREVENT RECIDIVISM OR DIVERSION OF ADULTS WITH MENTALLY ILLNESS AND SUBSTANCE ABUSE Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2012 End Date: 9/30/2013 Problem Identification The problem that this program works to address is the incarceration of mentally ill persons who are also substance abusers. Locally and nationally, jails /prisons contain a significant and growing number non - violent mentally ill people, because of the lack of alternatives to detention. Monroe County has a disproportionate numbers of mentally ill and substance abusers in our County. Statistically, mentally ill adults are twice as likely to be substance abusers as non - mentally ill adults. As a result, we have witnessed an escalation of unemployment, homelessness, and repeat incarceration of people who are mentally ill. Almost all jail inmates with co- occurring mental illness and substance use disorders will leave correctional settings and return to the community. Therefore, the jails, prisons, and streets have now become the alternatives to therapeutic programs. Monroe County Sheriffs Office reports that currently about 18% of those in the Monroe County Detention Center have some type of mental illness. The Detention Center reports that 80 %+ of those arrested have substance abuse problems. 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. Heron - Peacock Supported Living offers a diversion program for mentally ill people who are also substance abusers. The program offers case management services including assessments, substance abuse counseling and recovery support, mental health services, and drug testing services. Heron Peacock is the only residential facility in Monroe County for this population. By directing this type of client to Heron - Peacock, whether through diversion upon entry to the criminal justice system or at reentry, we can provide the case management services and the supportive services necessary for successful community integration, therefore, decreasing the likelihood of recidivism. Heron Peacock is a recognized effective asset by the Monroe County Sheriffs Office. Heron - Peacock not only offers a more effective recovery environment than alternatives such as homelessness, correctional institutions, and State psychiatric hospitals, we are considerably more cost - effective. The past three years, 14 formerly incarcerated clients were among those that moved from our program to independence in the community and within that timeframe have not again entered the criminal justice system. Project Summary (Scope of Work) Heron - Peacock Supported Living is pleased to continue our successful partnership with Monroe County with the continuation of our Supportive Housing program designed to prevent recidivisim and /or divert adults with mental illness and substance abuse from the criminal justice system. Application Ref # 2013 -JAGC -1988 Contract 2013 - JAGC - MONR -4 -D7- Section #2 Page 1 of 3 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 Heron Peacock Supportive Housing will provide case management, substance abuse services, recovery support services, and drug testing services to 20 mentally ill people who are substance abusers, and that also have a history of incarceration and /or have been referred to the program through criminal justice or law enforcement entities, including the Monroe County Sheriffs Office The outcome is a reduction in future incarcerations among program participants. Heron Peacock Supported Living is uniquely qualified to provide this service, almost 25 years of experience. Heron - Peacock's experience providing this service has demonstrated that the combination of housing with case management and counseling is an effective recidivism and diversion strategy for people with mentally ill substance abusers. The program's services including assessments, substance abuse counseling and recovery support, mental health services, and drug testing services, will be provided by the Site Manager, the Care Coordinator, and two Mental Health Workers. These are the staff engaged daily with our clients in providing services such as assessments, substance abuse counseling and recovery support, mental health services, and drug testing services. Heron Peacock will also provide support services such as securing disability or other financial benefits, life skill planning, supported employment, referral to day treatment programs, and medication supervision, all designed to keep these mentally ill people out of the criminal justice system. Service documentation will consist of staff time sheets that will include the staff name and id number, description of the activity, the duration, the date of the activity. Audit documentation may include a combination of the following: attendance records with date, client names, service dates, program materials, duration of activity, and supervisor instructions. Monroe County requires that all reimbursement requests from our providers be accompanied by a notarized statement attesting to accuracy and specific, verifiable documentation including staff time sheets with specific activity information, and payroll records. In addition, providers are required to provide case files, activity records, attendance records, etc. for audit and verification purposes. Application Ref # 2013 -JAGC -1988 Section #2 Page 2 of 3 Contract 2013 - JAGC- M0NR -4 -D7- 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 Question: Part 1: In your business or organization's preceding completed fiscal year, did your business or organization (the subgrantee) receive (1) 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and /or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and /or cooperative agreements? If yes, answer "yes" or "no" to Part 2, below. Answer: No Question: Part 2: Does the public have access to information about the compensation of the executives in your business or organization (the subgrantee) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? If answer to Part 1, above, was "no," answer N /A. Answer: NA Application Ref # 2013 -JAGC -1988 Section #2 Page 3 of 3 Contract 2013 - JAGC - MONR -4 -D7- 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 acct t n . Aea rrmance General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 005 - Drug Treatment Programs State Purpose Area: A - Accomplishments: Includes any accomplishments during the reporting period. Activity Description Activity: Assessment Target Group: Adults - Male or female* Geographic Area: Rural Location Type: Community -based organization Activity: Case Management Target Group: Adults - Male or female* Geographic Area: Rural Location Type: Community -based organization Activity Description Activity Description Activity: Counseling Target Group: Adults - Male or female* Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Drug Testing Target Group: Adults - Male or female* Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Mental Health Services Target Group: Adults - Male or female* Geographic Area: Rural Location Type: Community -based organization Address(es) : Application Ref # 2013 -JAGC -1988 Contract 2013 - JAGC - MONR -4 -D7- Section #3 Page 1 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 Heron Peacock Apt 1320 Coco Plum Drive Marathon , FL 33050 Activity Description Activity: Substance Abuse Treatment Target Group: Adults - Male or female" Geographic Area: Rural Location Type: Community -based organization Objectives and Measures Objective: Al - Report on program accomplishments Measure: Part 1 Please briefly describe what your program's accomplishments will be. Please include any benefits or changes to be observed as a result of JAG - funded activities, such as program completion, or changes in attitudes, skills, knowledge, or conditions. [500- character limit] Goal: The Monroe Board of County Commissioners anticipates funding Heron - Peacock Supported Living for case management services including assessments, substance abuse counseling and recovery support, mental health services, and drug testing services for its mentally -ill clients who are also substance abusers. Services will be provided by a Site Manager, Care Coordinator and two Mental Health Workers. Objective: A2 - Report on usage of crimesolutions.gov Website Measure: Part 1 Will you be using the crimesolutions.gov website? Goal: No Objective: A3 - Report on subgrants from grantees other than FDLE Measure: Part 1 Are you a subrecipient of a JAG award from another JAG grantee (other than FDLE)? A Grantee can be a primary recipient of a JAG award from BJA and a subrecipient of a JAG award from another JAG award primary recipient. Goal: No Measure: Part 2 If yes, enter grantee organization or agency name. Goal: NA Application Ref # 2013 -JAGC -1988 Section #3 Page 2 of 5 Contract 2013 - JAGC - MONR -4 -D7- 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 State Purpose Area: DT - Drug Treatment: clinical assessment; residential; day /night treatment with community; outpatient group, individual, intensive, or detoxification; addiction receiving facility; substance abuse detox. (residential); in -home counseling; and aftercare. Activity Description Activity: Drug Treatment Target Group: Drug Treatment Geographic Area: Rural Location Type: Community -based organization Objectives and Measures Objective: DT1 - Report on JAG funding allocated for providing drug treatment Measure: Part 1 How much JAG funding has been allocated for providing drug treatment? Please report in dollars ($). Goal: 16,499.00 Objective: DT2 - Provide a drug treatment program Measure: Part 1 Will your program admit any participants to drug treatment programs? Goal: Yes Measure: Part 4 How many TOTAL participants will be enrolled in the drug treatment programs? Goal: 20 Measure: Part 5 Of those, how many will be NEW participants? Goal: 20 Objective: DT5 - Provide outpatient services Measure: Part 1 Will JAG funds be used to provide outpatient services? Services received should be based on actual attendance of participants in mandated activities. Goal: Yes Measure: Part 2 Enter the number of sessions for outpatient services participants will receive. To calculate this #, determine the # of outpatient service sessions that each Application Ref # 2013 -JAGC -1988 Section #3 Page 3 of 5 Contract 2013- JAGC - MONR -4 -D7- Rule Reference 11D -9.006 OCJG -005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide P erformance Section 3: participant will receive. Then add the # of sessions for each participant together to determine the total # of sessions. Include any participant who will receive outpatient services during the reporting period, regardless of whether that person will complete the program, exit without completion, or remain currently enrolled. Goal: 951 Objective: DT6 - Test participants for alcohol or illegal substances Measure: Part 1 Of those to be enrolled in the drug treatment program for at least 90 days, please enter the number of participants who will be tested for the presence of alcohol or illegal substances. Goal: 17 Measure: Part 2 Of those to be enrolled in the drug treatment program for at least 90 days, please enter the number of participants who will test positive for the presence of alcohol or illegal substances. Goal: 3 Objective: DT7 - Report the number of drug treatment participants who successfully completed the program Measure: Part 1 Please enter the number of drug treatment participants who will successfully complete all program requirements. The number entered should represent only those participants who will successfully complete all the requirements of the program. CeZ•f7�if: Measure: Part 2 Please enter the number of participants enrolled in a drug treatment program who will unsuccessfully complete the program. The number entered should represent only those who will fail to successfully complete the program for voluntary reasons (e.g., arrests, program violation, etc.). Goal: 2 Application Ref # 2013 -JAGC -1988 Section #3 Page 4 of 5 Contract 2013 - JAGC- M0NR -4 -D7- 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 # 2013 -JAGC -1988 Section #3 Page 5 of 5 Contract 2013 - JAGC - MONR -4 -D7- 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 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 $16,499.00 $0.00 $16,499.00 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 -- $16,499.00 $0.00 $16,499.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2013 -JAGC -1988 Contract 2013- JAGC - MONR -4 -D7- Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005) Section #4 Page 1 of 4 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative: CONTRACTUAL SERVICES: Heron - Peacock Supported Living will provide approximately 951 hours (service units) of case management services, including assessments, substance abuse counseling and recovery support, mental health services, and drug testing services. The services are aimed at preventing substance abuse and recidivism among its mentally ill clients. Services will be provided by Site Manager, Care Coordinator, and two Mental Health Workers. Unit: 1 Hour Unit Cost: $17.35 (rounded) ( *The Unit cost is slightly higher than last year's unit cost as a result of minor staffing changes in the program, particularly the addition of a Care Coordinator.) Units to be provided: 951 Unit Cost Budget: 951 units of case management/substance abuse services @ 17.35 per unit Unit Cost Calculation: 951 units x $17.35 = $16,499 TOTAL BUDGET: $16,499 Unit Cost was established by contracted service provider in June 2012. CONTRACT: Monroe County will execute a contract with US Fellowship DBA Heron - Peacock Supported Living for the period of October 1, 2012 through September 30, 2013 to cover the grant period. A copy of the executed contract will be sent to FDLE. Application Ref # 2013 -JAGC -1988 Section #4 Page 2 of 4 Contract 2013 - JAGC - MONR -4 -137- 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 0 1, (n t 1� J­� 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 Byme 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 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 Budget Basis: The basis for the unit cost is staff salaries assigned to the program (plus a small amount for urine drug tests.) (The unit cost is slightly higher than last's year's unit cost for this service due to a minor staff change in the program, including the addition of a Care Coordinator.) Salaries: Site Manager $16.61/hr x 325 hours = $5,400 Care Coordinator $16.61/hr x 325 hours = $5,400 quality.) (This position has been added to enhance service F/T Mental Health Worker $16.61/hr x 181 hours = $3,000 P/T Mental Health Worker $16.61/hr x 120 hours = $2,000 Supplies: Urine Drug Tests (42 x $16.61) $699 TOTAL BUDGET: $16,499 Application Ref # 2013 -JAGC -1988 Contract 2013 - JAGC - MONR -4 -D7- Section #4 Page 3 of 4 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 TOTAL UNITS: 951 TOTAL COST PER UNIT: $17.35 (rounded) Unit Cost was established by the contracted service provider in July 2012. Application Ref # 2013 -JAGC -1988 Section #4 Page 4 of 4 Contract 2013 - JAGC - MONR -4 -D7- 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 18 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) ( www .o*p.usdoi.gov /financialquide /index.htm and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance ( www.bia.gov /ProgramDetails.aspx ?Program ID =59 ) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: • Florida Administrative Code, Chapter 11D -9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program ": www.flrules.org/ Office of Management and Budget (OMB) Circulars: www.whitehouse.gov /omb /circulars • A -21 (2 CFR 220), "Cost Principles for Educational Institutions" • A -87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" • A -102, "Grants and Cooperative Agreements with State and Local Governments" • A -110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" • A -122 (2 230), "Cost Principles for Non - Profit Organizations" • A -133, "Audits of States, Local Governments, and Non- Profit Organizations" Code of Federal Regulations: www.gpo.-gov /fdsys/ 0 2 CFR 175.15(b), "Award Term for Trafficking in Persons" 0 28 CFR 38, "Equal Treatment for Faith -Based Organizations" 0 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) 0 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" 0 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: www.boa. qov /ProgramDetails.aspx ?Program ID =59 • United States Code: www.qpo.gov /fdsys/ o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" • State of Florida General Records Schedule GS1 -SL for State and Local Government Agencies: dais. dos. state. fl. us /barm /genschedules /GS1- SL.pdf 2. Requirements for Contractors of Subgrant Recipients The subgrant recipient assures 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 (42 U.S.C. 3711 et seq. at www.qpo.gov /fdsys / ); the provisions of the current edition of the Office of Justice Programs Financial Guide ( www.oip.usdoj_ ,qov /financialquide /index.htm and all other applicable State and Federal laws, orders, circulars, or regulations. SFY 2013 Page 1 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 3. 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 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. 4. 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 fifteen (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 18, 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. Additional information may be required if necessary to comply with federal reporting requirements. (3) Submission: Performance Reports may be submitted by the Project Director, Application Manager, or Performance Contacts. 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 (30) 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 SFY 2013 Page 2 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. (f) The report must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. (2) Financial Closeout Audit (a) The Financial Closeout Audit shall be submitted to the Department within forty -five (45) days of the subgrant termination date. (b) The Financial Closeout Audit must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. (3) Project Generated Income (PGI) (a) If applicable, the subgrant recipient shall submit Quarterly PGI Earnings and Expenditures Reports to the Department within thirty (30) 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 submitting quarterly PGI reports until all funds are expended. (See Item 11, Program Income.) (b) PGI Earnings and Expenditures reports must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. c. Other Reports The subgrant recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. 5. Fiscal Control and Fund Accounting Procedures a. 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. b. The subgrant recipient is required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. As a subgrant recipient, you must have a financial management system in place that is able to record and report on the receipt, obligation, and expenditure of grant funds. An adequate accounting system for a subgrant recipient must be able to accommodate a fund and account structure to separately track receipts, expenditures, assets, and liabilities for awards, programs, and subgrant recipients. c. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. d. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. SFY 2013 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 6. 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. 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. All payments must be completed within thirty (30) days of the end of the subgrant period. 8. Advance Funding Advance funding may be provided to a subgrant recipient upon a written request to the Department. The request must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. 9. 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 federal grant period end date. Any unexpended interest 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. 10. 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. 11. 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. PGI Earnings and Expenditures reports must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. 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. PGI budget requests must be signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. 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. SFY 2013 Page 4 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 12. 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. A detailed justification must be submitted to and approved by FDLE prior to obligation or expenditures of such funds. 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. 13. 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. 14. 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. 15. Copyright The awarding agency reserves a royalty -free non - exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 16. 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 Grant No. [contact the Office of Criminal Justice Grants for award number] awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." SFY 2013 Page 5 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 17. 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. 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 18. 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 SFY 2013 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. 19. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subgrant recipient 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 subgrant recipient 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. 20. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 21. Written Approval of Changes in this Approved Agreement (Grant Adjustments) 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. SFY 2013 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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. d. Requests for changes to the subgrant agreement must be electronically signed by the subgrant recipient or implementing agency's chief official or the chief official's designee. e. Any certifications required for the requested changes, such as Sole Source, ADP Justification, Privacy Certification forms, and Confidential Funds certifications, must be signed by the subgrant recipient or implementing agency chief official or someone with formal, written signature authority for the chief official. 22. 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. 23. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. Atany 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. 24. 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 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. 25. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of five (5) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. The subgrant recipient shall comply with State of Florida General Records Schedule GS1 -SL for State and Local Government Agencies: dlis. dos.state.fl. us /barm /genschedu les /GS 1 -SL. pd f SFY 2013 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 26. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Officials for the Subgrant recipient or Implementing Agency, project staff must notify the help desk for FDLE's online grants management system, SIMON ( Subgrant Information Management Online) so that the organization can be updated in SIMON. If the project director changes, a-grant adjustment must be entered in SIMON to reflect the change. 27. 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 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. 28. Drug Court Projects A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court Programs." 29. 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. SFY 2013 Page 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 30. 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(8). Should any violation of 28 C.F.R. Part 23 occur, the subgrant recipient may be fined as per 42 U.S.C. 3789g(c) -(d). The subgrant recipient may not satisfy such a fine with federal funds. 31. 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. 32. Civil Rights Compliance a. 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, implementing agencies, and contractors 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. § 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. FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability, or age in the delivery of services or benefits or in employment. c. Subgrant recipients are responsible for ensuring that contractors, vendors, and agencies to whom they pass - through funds are in compliance with all Civil Rights requirements and that the contractors, vendors, and agencies are aware that they may file a discrimination complaint with the subgrant recipient, with FDLE, or with the Office for Civil Rights and how to do so. d. Equal Employment Opportunity Plans (1) 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 www.oip.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. (2) 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. SFY 2013 Page 10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement (3) 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. (4) 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. e. In the event a Federal or State court or 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 FDLE and to the Office for Civil Rights, Office of Justice Programs. f. In accordance with federal civil rights laws, the subgrant recipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. g. Subgrant recipients must include comprehensive Civil Rights /Nondiscrimination Provisions in all contracts funded by the subgrant recipient. If the subgrant recipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subgrant recipient, with FDLE or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office of the Inspector General, P.O. Box 1489, Tallahassee, Florida 32302 -1489 or on -line at www.fdle.state.fl.us /contacts /comment form.html Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7 th Street, NW, Washington, DC 20531, by phone at (202)307 -0690. The subgrant recipient must have procedures in place for responding to discrimination complaints that employees and clients, customers, and program participants file directly with the subgrant recipient. j. Any discrimination complaints file with FDLE will be reviewed by FDLE's Inspector General and referred to the Office for Civil Rights, the Florida Commission on Human Relations, or the Equal Employment Opportunity Commission, based on the nature of the complaint. k. 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). I. 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 www.lep.gov SFY 2013 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement m. Equal Treatment for Faith Based Organizations The subgrant recipient 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 "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 proselytization. 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 www.oip.gov /about/ocr /equal fbo.htm 33. 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 ("INK). 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. 34. 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 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 SFY 2013 Page 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice at www.bia.gov /Funding /nepa.html , 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. 35. 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; b. 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; 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. 36. 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 SFY 2013 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Proqram Florida Department of Law Enforcement 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 subgrant recipients shall certify and disclose accordingly. 37. State Restrictions on Lobbying In addition to the provisions contained in Item 36, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 38. Additional Restrictions on Lobbying The subgrant 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. 39. "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. 40. 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. b. 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. SFY 2013 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 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 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. 41. 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. SFY 2013 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 42. 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. 43. 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 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. 44. 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. 45. 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). 46. Human Research Subjects Subgrant recipient 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. 47. Global Standards Package In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: www.it.oip.gov /gsp grantcondition Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 48. 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 FDLE. SFY 2013 Page 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 49. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 37898 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Subgrant recipient 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. 50. 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 subgrant 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 www.it.ouP.gov/defauIt.aspx?area=policyAndPractice&page=1046 $1. 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. 52. 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. 53. 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. 54. 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. 55. 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. 56. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully or partially funded by the grant and that are expected to work solely on 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. SFY 2013 Page 17 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 57. Additional Documentation of Personnel for Department of Financial Services In accordance with Section 215.971, Florida Statutes, the Florida Department of Financial Services may require documentation validation that personnel services were performed on project related activities in accordance with the contract agreement. 58. 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 59. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet- based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership ( www.ctfli.orq ). All current and new task force members are required to complete this training once during the 1ife of the award, or once every four years if multiple awards include this requirement. This training addresses 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 is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership ( www.ctfli.org ). 60. 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. 61. High Risk Subgrant Recipients 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 subgrant recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. 62. Text Messaging While Driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the subgrant recipient is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this subgrant and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 63. Central Contractor Registry (CCR) The subgrant recipient must maintain the currency of its information in the CCR until it submits the final financial report required under this award or receives the final payment, whichever is later. This requires that the subgrant recipient review and update the information at least annually after the initial registration, and more frequently if required by changes in its information or another award term. SFY 2013 Page 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 64. Maximum Allowable Salary No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the subgrant recipient whose total annual cash compensation exceeds 110% of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. (The salary table for SES employees is available at http: / /www.opm.gov /oca /payrates /index.asp A subgrant recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non - federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 65. DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database If JAG program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS), by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non - governmental DNA database without prior express written approval from BJA. For more information, refer to the NIJ FY 2012 DNA Backlog Reduction Program, available at ncirs.gov/pdffilesl/nio/sIO00989.pd . 66. Interoperable Communications Guidance Subgrant recipients that are using funds to support emergency communications activities must comply with the current SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Emergency communications activities include the purchase of Interoperable Communications Equipment and technologies such as voice - over - internet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) Waiver Order. SAFECOM guidance can be found at www.safecomprogram.gov /library /lists /library /DispForm.aspx ?ID =334 Subgrant recipients Grantees interested in developing a public safety broadband network in the 700 MHz band in their jurisdictions must adhere to the technical standards set forth in the FCC Waiver Order, or any succeeding FCC orders, rules, or regulations pertaining to broadband operations in the 700 MHz public safety band. The subgrant recipient shall also ensure projects support the Statewide Communication Interoperability Plan (SCIP) and are fully coordinated with the full -time Statewide Interoperability Coordinator (SWIC). If any future regulatory requirement (from the FCC or other governmental entity) results in a material technical or financial change in the project, the recipient should submit associated documentation, and other material, as applicable, for review by the SWIC to ensure coordination. Subgrant recipients must provide a listing of all communications equipment purchased with grant award funding (plus the quantity purchased of each item) to FDLE once items are procured during any periodic programmatic progress reports. 67. Bulletproof Vests Subgrant recipients that wish to purchase vests with JAG funds must certify that law enforcement agencies receiving vests have a written "mandatory wear" policy in effect. This policy must be in place for at least all uniformed officers before funding can be used by the agency for vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. FAQs related to the mandatory wear policy and certifications can be found at www.bia.gov /Funding /JAGFAQ.pdf JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. SFY 2013 Page 19 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement Bulletproof vests purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards. In addition, bulletproof vests purchased must be American -made. The latest NIJ standard information can be found at: www.nij.gov/ topics /technology/ body- armor /safety - initiative.htm 68. BJA or FDLE Sponsored Events The subgrant recipient agrees to participate in BJA- or FDLE- sponsored training events, technical assistance events, or conference held by FDLE or BJA or their designees, upon FDLE's or BJA's request. 69. Expenses Related to Conferences, Meetings, Trainings, and Other Events The subgrant recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and /or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is available at www.0 /funding /confcost.htm SFY 2013 Page 20 CERTIFICATION FORM Recipient Name and Address: Monroe County 1100 Simonton St . , Key West, FL 33040 Grant Title: Heron Peacock: Supportive Housing 2013 -JAGC -1988 Grant Number: Award Amount: Contact Person Name and Title: Lisa Tennyson, Grants Admin $16,499.00 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 tile, submit to OJP for review, and implement an Equal Employment Opportunity Plan (ESOP) in accordance with 28 C.F.R §§ 42.301 -.308. The regulations exempt some recipients from all of the EEOP 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 0 below. ,% recipient should complete either Section A or Section B, not both. Ifa 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 (ifapplicable) 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 hoses 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 [, [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. 1 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 525,000 or more, but less than 5500,000, 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): ( Roman Gastesi, County Administrator [responsible official], certify that file Monroe County BOCC (recipient],which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than 5500,000, has formulated an EEOP in accordance with 23 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 (organization(, A 1100 Simonton Street, Key We FL 33040 laddressl,for review by the public and employees or for review or audit by officials of the relevant state planning a =ency or the Office for Civil Rights, Office of Justice Programs. U. S. Department of Justice, as required by relevant , s d •gu ationS. Roman Gastesi, County Administrator Print or tvpe Name and Title titRnature Date ' AM :1ppn"%al No. 1121 1) 1 1 \pirau,m Jife 12 :I 12 RESOLUTION NO. 167 -2012 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 FY 2012 -13 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the funding for Fiscal Year 2012 -2013 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 $82,496 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 2012 -2013 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 Monroe County, ., Florida, at a regular meeting of said Board held on the 20 day of June, 2012. Mayor Rice Yes Mayor Pro Tern Wigington Yes sv Commissioner Murphy Yes Commissioner Neugent Yes Commissioner Carruthers Yes _ o -. . Monroe Co f- OommissioneTs-- - - - - -- _ - -- -- Attest _Ja-= Nt "�� n c B Clerk of Court Mayor MONROE COUNTY ATTORNEY PPROVED AS TO FORM: CHRISTINE M. LIMBEAT- BARROWS ASSISTANT COUNTY ATTORNEY Gate — /n / /191 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: //- '7- / 2.. Typed Name and Title: , K nor CWjWN ftfo Adm g( ` Date: Subgrant Recipient Authorizing Offtclal of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subarg Re&Laat: Wnroe County ,.-ql, Signature: Typed Name and Title: Roman Gastesi, County Administrator Date: 7/10/2012 Implementing Agency Official, Administrator or Designated Representative Typed Name of IrAng,A,gen�y:, Monroe Count Signature: Typed Name and Title: Date: 7/10/2012 Roffian Gastesi Application Ref # 2013 -JAGC -1988 Contract - JAGC -MONR- - - County Administrator Section #6 Page 1 of 1 Rule Reference 11 D -9.006 OCJG -005 (rev. April 2005)