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FY2017 11/22/2016 KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: January 17, 2017 TO: Janet Herbener, Sr. Grant & Finance Analyst FROM: Pamela G. Hanc • c f '∎1 11 eputy Clerk SUBJECT: November 22nd BOCC Meeting Attached is a duplicate original of Item F43 an agreement with Guidance /Care Center for the 'Women's Jail In -House Program" (WJIP) for October 1, 2016 through September 30, 2017 (FY2017) and ratification of the Substance Abuse Policy Advisory Board (SAPAB) recommendation to fund FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File • EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS AGREEMENT THIS AGREEMENT is made and entered into this 22 day of November, 2016, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and Guidance /Care Center hereinafter referred to as "AGENCY." WITNESSETH • WHEREAS, the Florida Department of Law Enforcement has awarded a sub -grant of Edward Byrne Memorial Justice Assistance to the COUNTY to implement a program that provides substance abuse treatment services to women offenders held in local correctional facilities who have at least six months and no more than twelve months of their sentence left to serve; and WHEREAS, the COUNTY is in need of an implementing agency to provide said services under this Program; and WHEREAS, the AGENCY is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial Justice Assistance Grant funds to the AGENCY in accordance with the COUNTY'S application for the Edward Byrne Memorial Assistance Grant. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the AGENCY agree as follows: 1. TERM - The term of this Agreement is from October 1, 2016 through September 30, 2017, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The AGENCY will provide services, in compliance with all provisions, as outlined in the COUNTY'S Edward Byrne Memorial Justice Assistance Sub - grant Award, attached and made a part hereof (Attachment B). 3. FUNDS - The total project budget to be expended by the AGENCY in performance of the services set forth in Section 2 of this agreement shall be the total sum of $37,000. All funds shall be distributed and expended in accordance with the Project Budget Narrative as outlined in the grant agreement. 4. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Sub -grant Award Certificate and Application" and all laws, rules and regulations relating thereto are incorporated by reference (Attachment B). 5. BILLING AND PAYMENT (a) The AGENCY shall comply with the program and expenditure reporting requirements for Byrne Grant funds. The AGENCY shall provide all documents and information as set forth in Attachment F prior to billing and payment. The AGENCY shall render to the COUNTY a detailed quarterly performance report not later than 7 days after the end of each quarter. The quarterly performance reports must include a response to all objectives included in your project, as described in the Performance section in the grant agreement. A detailed narrative, reflecting on accomplishments, challenges, etc. is required as part of this quarterly report. The AGENCY shall render to the COUNTY, monthly itemized invoices, not later than 30 days after the end of each month, properly dated, describing the services rendered, the unit cost of the services, and all other information required including supporting documentation validating delivery of services. The original invoice shall be sent to: Grants Administrator 1100 Simonton Street Key West, FL 33040 (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by the AGENCY. (c) The County shall only make payment subject to the funded amount above, for the documented services provided which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment B - Edward Byrne Memorial Justice Assistance Sub -grant Award. Evidence of services rendered by the PROVIDER shall be in the form of a letter, summarizing the units of services with supporting documentation of service delivery attached. The letter should contain a notarized certification statement. An example of a payment request cover letter is included as Attachment A. 6. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. 7. ACCESS TO FINANCIAL RECORDS - The AGENCY shall maintain appropriate financial records which shall be open to the public at reasonable times and under reasonable conditions for inspection and examination and which comply with the Agreement incorporated in Section 4 of this Agreement. 8. AUDIT - The AGENCY shall submit to the COUNTY an audit report covering the term of this Agreement, within one - hundred twenty (120) days following the Agreement's lapse or early termination and shall also comply with all provisions of the Agreement incorporated in Section 4 of this Agreement. 9. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: FOR PROVIDER: Grants Administrator Maureen Kempa, MA, NCC LMHC 1100 Simonton Street Area Director Key West, FL 33040 Guidance /Care Center 1205 Fourth Street Key West, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 10. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the AGENCY at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. 11. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the AGENCY shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the AGENCY. If the AGENCY receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 12. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 13. EMPLOYEE STATUS - The AGENCY is an independent contractor. Persons employed by the AGENCY in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNTY. 14. INDEMNIFICATION - The AGENCY agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the AGENCY. 15. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the 43.arties. NJ . T1 _.� -- O , N WITNESS WHEREOF, the parties to this Agreement have caused their i nes to be `., C � ;ffi -:';, eto by the proper officers thereof for the purposes herein expressed a>;- tonroe t ' '*% Aida on the day and year first written above. " — o ,mo Iw ^� G, = B OARD OF COUNTY COMMISSIONERS -`j v Madok , Clerk FL OF MO OE COUNTY, ORIDA, is.) / . B � < mot/ Deputy Clerk Mayor/Chairman Guidance /Care Center, Inc. C —. By: F Witn MONROE COUNTY ATTORNEY APPROVED AS TO FORM: C A I TINE M. LIMBERT -BA' -OWS SSISTA NT.COUNTY ATTORNEY Date I / 1 I ''nn,,/. Title: Area- y�` Witnes ATTACHMENT A ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the units of services provided for (Organization name) for the period of Number of Units Unit Type Provided for Program Unit Cost Amount Due Service provided XX.XXX $ XX.XX $ XXX.XX Service provided XX.XXX $ XX.XX $ XXX.XX (A) Total $ X,XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D C) $ X,XXX.XX I certify that the above services have been provided to the clients and that the units are accurate and in agreement with the records of this organization. Furthermore, these units are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for payment to any other funding source. Authorized Signatory Attachments (supporting documentation) Sworn to and subscribed before me this day of 20_ by who is personally known to me. Notary Public Notary Stamp ATTACHMENT B FDLE Florida Department of Business Support Rick Scott, Governor Law Enforcement Office of Criminal Justice Grants Pam Bondi, Attomey General Post Office Box 1489 Jeff Atwater, Chief Financial Officer Richard L. Swearingen Tallahassee, FL 32302 -1489 Adam Putnam, Commissioner of Agriculture Commissioner (850) 617 -1250 NOV O . 1 2016 www.fdle.state.fl.us Honorable Heather Carruthers Mayor Monroe County Board of Commissioners 530 Whitehead Street Key West, FL 33040 -6547 Re: Contract No. 2017 - JAGC - MONR -1 -F9 -075 Dear Mayor Carruthers: The Florida Department of Law Enforcement is pleased to award a Justice Assistance Grant (JAG) Countywide Program subgrant to your unit of government in the amount of $ 37,000.00 for the project entitled, WOMEN'S JAIL INCARCERATION DRUG ABUSE TREATMENT PROGRAM. This subaward is approved under Florida's state JAG award 2016 -MU -BX -0073 from the Department of Justice (DOJ). These funds shall be utilized for the purpose of reducing crime and improving public safety and the criminal justice system. Enclosed is a copy of the approved subaward application with the referenced contract number and standard conditions. This subaward is subject to all administrative and financial requirements, including timely submission of all financial and performance reports and compliance with all standard conditions. Information from subawards and performance reports are provided to the DOJ Performance Measurement Tool (PMT) and Federal Funding Accountability and Transparency Act (FFATA) systems to meet federal transparency requirements. Contract and grant information is also provided to the State of Florida, Department of Financial Services (DFS) via the Florida Accountability Contract Tracking System (FACTS). This grant agreement and all correlating information including general contract, performance, amendment/modification information and a copy of the grant document is provided to FACTS to meet requirements under Chapter 2013 -54 and 2013 -154 Laws of Florida. If this agreement contains confidential or exempt information not subject to disclosure under Chapter 119, F.S., please contact the Office of Criminal Justice Grants (OCJG) for guidance on requesting exemption. Please complete and return the enclosed certification forms within 30 calendar days from the date of award. Completion of the Certificate of Acceptance constitutes official acceptance of the subaward and must be received by the Department prior to reimbursement of any project expenditures. Some costs require prior written approval from OCJG and DOJ before beginning project activities. If your subaward contains any such items or those listed on the Bureau of Justice Assistance (BJA) Controlled Expenditures List, a grant adjustment with accompanying written request will be required. A correlating special condition on your subgrant award in the Subgrant Information Management ON -Line (SIMON) system may also be included. We look forward to working with you on this project. Please contact me or Senior Management Analyst Supervisor Randall Smyth at (850) 617 -1250 if you have any questions or we can be of further assistance. cere r, Petrina Tuttle Herring Bureau Chief PTH/ar Enclosures Service • Integrity • Respect • Quality SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: 23(20.(Q Grant Period: From: 10/01/2016 TO: 09/30/2017 Project Title: WOMEN'S JAIL INCARCERATION DRUG ABUSE TREATMENT PROGRAM Grant Number: 2017 - JAGC - MONR- 1- F9-075 Federal Funds: $ 37,000.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 37,000.00 CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1 of such part (42 U.S.C. 3751 - 3759); the Consolidated Appropriations Act, 2008, Public Law 110 -161; and 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, Section 1111. Merger of Byme Grant Program and Local Law Enforcement Block Grant Program, 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 Office of Justice Programs (OJP) Financial Guide, Common Rule for State and Local Governments, or OMB Uniform Grant Guidance (2 CFR Part 200), in their entirety. It is also subject to the attached standard conditions and 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. This award is a cost- reimbursement agreement for satisfactory performance of eligible activities. Requests for reimbursement may be submitted quarterly or monthly as designated in the Financial Section of the agreement. Requests for reimbursement will be processed in conjunction with receipt and review of programmatic performance reports to determine successful completion of minimum performance for deliverables. Expenditures must be supported with documentation and verified during annual monitoring. Failure to comply with provisions of this agreement, or failure to meet minimum performance specified in the agreement will result in required corrective action up to and including project costs being disallowed, withholding of federal funds and /or termination of the project, as specified within the terms of the agreement and OMB Uniform Guidance 200.338 - 200.342. 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. .a"—" .II4 i itil ' .t Authorized Official Petrina Tuttle Herring Bureau Chief Dat (his award is subject to special conditions (attached). State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SPECIAL CONDITION(S) / GENERAL COMMENT(S) Awarding Agency: Office of Criminal Justice Grants Grant Number: 2017- JAGC - MONR -1 -F9 -075 Grant Title: WOMEN'S JAIL INCARCERATION DRUG ABUSE TREATMENT PROGRAM In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Condition(s) /General Comment(s): Ref# S34076: Need to add special condition for contract with treatment provider upon execution (post- award). Ref# S34765: By accepting this subaward, the subrecipient agrees to undertake a review to validate its compliance with 8 U.S.0 § 1373 as described in the Certificate of Acceptance of Subgrant Award. Documentation must be submitted by Monroe County to FDLE's Office of Criminal Justice Grants by March 31, 2017. Failure to comply with this condition could result in the withholding of grant funds for all subawards for Monroe County, suspension or termination of subgrants, ineligibility for future grants or subgrants, or other administrative, civil, or criminal penalties, as appropriate. 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 2017 - JAGC - MONR -1 -F9 -075, in the amount of $ 37,000.00, for a project entitled, WOMEN'S JAIL INCARCERATION DRUG ABUSE TREATMENT PROGRAM, for the period of 10/01/2016 through 09/30/2017, 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. This subaward requires that the subrecipient adhere to the following: No recipient or subrecipient, or entity that receives a contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to restrict, the reporting of waste, fraud or abuse in accordance with the law to a department or agency authorized to receive such information. This is not intended to contravene requirements applicable to classified, sensitive or exempt information. In accepting this award, the subgrantee certifies that it neither requires nor has required employees or contractors to sign such internal confidentiality agreements or statements. The Monroe County Board of Commissioners must undertake a review to validate its compliance with 8 U.S.C. § 1373. If determined to be in compliance at the time of review, the Monroe County Board of Commissioners must submit documentation that contains a validation to that effect and includes an official legal opinion from counsel (including related legal analysis) adequately supporting the validation. If the Monroe County Board of Commissioners determines it is not in compliance at the time of review, sufficient and effective steps must be taken to bring the Monroe County Board of Commissioners into compliance therewith and thereafter submit documentation that details the steps taken, contains a validation that the Monroe County Board of Commissioners has come into compliance, and includes an official legal opinion from counsel (including related legal analysis) adequately supporting the validation. In accepting this award, the subgrantee unit of government certifies it will provide documentation to FDLE's Office of Criminal Justice Grants by March 31, 2017. Failure to comply with this condition could result in the withholding or repayment of grant funds, suspension or termination of the grant, ineligibility for future FDLE subawards, or other administrative, civil, or criminal penalties. ✓41 (Sig .ture of Sub•rantee's Authorized Official) eath _ r . rruthers, Ma or (Print Name and Title of Official) Monroe County Board of Commissioners (Name of Subgrantee) 11/16/2016 (Date of Acceptance) Rune Reference 11D-9.006 OCJG -012 (rev. June 2012) State of Florida Office of Criminal Justice Grants • Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 ATTESTATIONS AND CERTIFICATIONS This form is required to be completed by the authorized official, or authorized official designee, of all subgrantee units of government receiving Edward Byrne Memorial Justice Assistance Grant (JAG) program federal pass- through funding from the Florida Department of Law Enforcement. In accepting this award, the subgrantee certifies that it will comply with the requirements set forth below and /or any other requirements of the subaward. Failure to do so may result in a hold or freeze on the drawdown of federal funds, and /or suspension or termination of the agreement. Procurement Standards: The subgrantee, through its authorized representative, certifies the unit of government below has written procurement policies and standards that are compliant with the requirements set forth in the Office of Management and Budget (OMB) Uniform Requirements, 2 C.F.R. §§ 200.317 -326, and OJP Financial Guide, Section 3.8. Additionally, the subgrantee assures these policies and standards will be utilized for all federal grant related procurement activities. Conflict of Interest: Decisions related to use of these grant funds must be free of undisclosed personal or organizational conflicts of interest, both in fact and in appearance. The subgrantee, through its authorized representative, certifies the unit of government below is compliant with OMB Uniform Requirements, 2 C.F.R. § 200.112, and OJP Financial Guide, Section 3.20 regarding Conflict of Interest, and will notify FDLE Office of Criminal Justice Grants, in writing, of any potential conflicts of interest in accordance with this agreement. The recipient also agrees to disclose in a timely manner, in writing, all violations of state or federal criminal law involving fraud, bribery or gratuity violations. Organization Name: Monroe County Board of Commissioners Subaward Number: 2017 - JAGC - MONR -1 -F9 -075 Heather Carruthers, Mayor (Printed ame and Title of Authorized Official) 11 I ' 11/16/2016 (Si• ature • Authorized Official) (Date) GPO�J Page 409 TITLE 8— ALIENS AND NATIONALITY § 1373 Subsec. (d)(1). Pub. L. 107 -56, §416(c)(1), inserted ABOLITION OF IMMIGRATION AND NATURALIZATION ", other approved educational institutions," after SERVICE AND TRANSFER OF FUNCTIONS "higher education" in introductory provisions. For abolition of Immigration and Naturalization Subsec. (d)(1)(A). Pub. L. 107 -56, §416(c)(2), inserted Service, transfer of functions, and treatment of related ", or other approved educational institution," after references, see note set out under section 1551 of this "higher education ". title. Subsec. (d)(2). Pub. L. 107 -56, §416(c)(3), inserted other approved educational institution," after FOREIGN STUDENT MONITORING PROGRAM "higher education ". Pub. L. 107 -56, title IV, §416(a), (b), Oct. 26, 2001, 115 Subsec. (e)(1), (2). Pub. L. 107 -56, §416(c)(3), which di- Stat. 354, provided that: rected insertion of ", other approved educational insti- (a) FULL IMPLEMENTATION AND EXPANSION OF F OR - tution." after "higher education" in pars. (1) and (2). EIGN STUDENT VISA MONITORING PROGRAM REQUIRED. — could not be executed because the words "higher edu- The Attorney General. in consultation with the Sec - cation" did not appear. See 2000 Amendment notes , retary of State. shall fully implement and expand the below. program established by section 641(a) of the Illegal Im- Subsec. (h)(3). Pub. L. 107-56, §416(c)(4), added par. (3). migration Reform and Immigrant Responsibility Act of 2000 — Subsec. (d)(1). Pub. L. 106-396, §406(2), inserted 1996 (8 U.S.C. 1372(a)). "institutions of higher education or exchange visitor "(b) INTEGRATION WITH PORT OF ENTRY INFORMA- programs" after "by" in introductory provisions. TION. —For each alien with respect to whom informa- Subsec. (e)(1). Pub. L. 106 -396. §404(1), in introductory tion is collected under section 641 of the Illegal Immi- provisions. substituted "the Attorney General" for "an gration Reform and Immigrant Responsibility Act of approved institution of higher education and a des- 1996 (8 U.S.C. 1372), the Attorney General, in consulta- ignated exchange visitor program" and "a time prior to tion with the Secretary of State, shall include informa- the alien being classified under subparagraph (F), (J), tion on the date of entry and port of entry." or (M) of section 1101(a)(15) of this title." for "the time § 1373. Communication between government "(A) when the alien first registers with the institu- agencies and the Immigration and Natu- tion or program after entering the United States; or ralization Service "(B) in a case where a registration under subpara- graph (A) does not exist, when the alien first com- (a) In general mences activities in the United States with the insti- Notwithstanding any other provision of Fed - tution or program." eral, State, or local law, a Federal, State, or Subsec. (e)(2). Pub. L. 106 -396, §404(2), amended head- local government entity or official may not pro - ing and text of par. (2) generally. Prior to amendment, hibit, or in any way restrict, any government text read as follows: "An approved institution of higher education and a designated exchange visitor program entity or official from sending to, or receiving shall remit the fees collected under paragraph (1) to the from, the Immigration and Naturalization Serv- Attorney General pursuant to a schedule established by ice information regarding the citizenship or im- the Attorney General." migration status, lawful or unlawful, of any in- Subsec. (e)(3). Pub. L. 106 -396, §404(3), substituted dividual. "alien who seeks" for "alien who has" and "who seeks to come" for "who has come ". (b) Additional authority of government entities Subsec. (e)(4)(A). Pub. L. 106-553 inserted before pe- Notwithstanding any other provision of Fed - riod at end of second sentence ", except that, in the eral, State, or local law, no person or agency case of an alien admitted under section 1101(a)(15)(J) of may prohibit. or in any way restrict, a Federal, this title as an au pair, camp counselor, or participant State. or local government entity from doing in a summer work travel program, the fee shall not ex- any of the following with respect to information ceed $35" without reference to amendment made by Pub. L. 106 -396, §404(4)(A). See below. regarding the immigration status. lawful or un- Pub. L. 106 -396. § 404(4)(A). inserted before period at lawful, of any individual: end of second sentence ", except that. in the case of an (1) Sending such information to, or request - alien admitted under section 1101(a)(15)(J) of this title ing or receiving such information from, the as an au pair, camp counselor, or participant in a sum- Immigration and Naturalization Service. mer work travel program, the fee shall not exceed $40 ". (2) Maintaining such information. See amendment note above. (3) Exchanging such information with any Subsec. (e)(4)(B). Pub. L. 106 -396, §404(4)(B), inserted other Federal, State, or local government en- at end "Such expenses include, but are not necessarily tity. limited to, those incurred by the Secretary of State in connection with the program under subsection (a) of (c) Obligation to respond to inquiries this section." The Immigration and Naturalization Service Subsec. (e)(5). (6). Pub. L. 106-396, §404(5), added pars. shall respond to an inquiry by a Federal, State, (5) and (6). or local government agency, seeking to verify or Subsec. (g)(1). Pub. L. 106 -396, §405, amended heading and text of par. (1) generally. Prior to amendment, text ascertain the citizenship or immigration status read as follows: of any individual within the jurisdiction of the "(A) IN GENERAL. —Not later than 6 months after the agency for any purpose authorized by law, by submission of the report required by subsection (f) of providing the requested verification or status this section. the Attorney General, in consultation information. with the Secretary of State and the Secretary of Edu- cation. shall commence expansion of the program to (Pub. L. 104 -208, div. C, title VI, §642, Sept. 30, cover the nationals of all countries. 1996, 110 Stat. 3009-707.) "(B) DEADLINE.—Such expansion shall be completed CODIFICATION not later than 1 year after the date of the submission of the report referred to in subsection (f) of this sec- Section was enacted as part of the Illegal Immigra- tion." tion Reform and Immigrant Responsibility Act of 1996, Subsec. (h)(2)(A). Pub. L. 106 -396, §406(1). substituted and also as part of the Omnibus Consolidated Appro- "Secretary of State" for "Director of the United States priations Act, 1997, and not as part of the Immigration Information Agency ". and Nationality Act which comprises this chapter. § 1374 TITLE 8— ALIENS AND NATIONALITY Page 410 ABOLITION OF IMMIGRATION AND NATURALIZATION § 1375a. Domestic violence information and re- SERVICE AND TRANSFER OF FUNCTIONS sources for immigrants and regulation of For abolition of Immigration and Naturalization international marriage brokers Service, transfer of functions, and treatment of related (a) Information for K nonimmigrants on legal references, see note set out under section 1551 of this rights and resources for immigrant title. g grant victims of domestic violence § 1374. Information regarding female genital mu- (1) In general tilation The Secretary of Homeland Security, in con- sultation with the Attorney General and the (a) Provision of information regarding female Secretary of State, shall develop an informa- genital mutilation tion pamphlet, as described in paragraph (2), - The Immigration and Naturalization Service on legal rights and resources for immigrant victims of domestic violence and distribute (in cooperation with the Department of State) and make such pamphlet available as de- shall make available for all aliens who are is- scribed in paragraph (5). In preparing such ma- sued immigrant or nonimmigrant visas, prior to terials, the Secretary of Homeland Security or at the time of entry into the United States, shall consult with nongovernmental organiza- the following information: tions with expertise on the legal rights of im- (1) Information on the severe harm to phys- migrant victims of battery, extreme cruelty, ical and psychological health caused by female sexual assault, and other crimes. genital mutilation which is compiled and pre- sented in a manner which is limited to the (2) Information pamphlet practice itself and respectful to the cultural The information pamphlet developed under values of the societies in which such practice paragraph (1) shall include information on the takes place. following: (2) Information concerning potential legal (A) The K nonimmigrant visa application consequences in the United States for (A) per- process and the marriage -based immigration forming female genital mutilation, or (B) al- process, including conditional residence and lowing a child under his or her care to be sub- adjustment of status. jected to female genital mutilation, under (B) The illegality of domestic violence, criminal or child protection statutes or as a sexual assault, and child abuse in the United form of child abuse. States and the dynamics of domestic vio- lence. (b) Limitation (C) Domestic violence and sexual assault In consultation with the Secretary of State, services in the United States, including the the Commissioner of Immigration and Natu- National Domestic Violence Hotline and the ralization shall identify those countries in National Sexual Assault Hotline. which female genital mutilation is commonly (D) The legal rights of immigrant victims practiced and, to the extent practicable. limit of abuse and other crimes in immigration, the provision of information under subsection criminal justice, family law, and other mat - (a) of this section to aliens from such countries. ters, including access to protection orders. (E) The obligations of parents to provide (c) "Female genital mutilation" defined child support for children. For purposes of this section, the term "female (F) Marriage fraud under United States immigration laws and the penalties for com- genital mutilation" means the removal or mitting such fraud. infibulation (or both) of the whole or part of the (G) A warning concerning the potential use clitoris, the labia minors, or labia majors. of K nonimmigrant visas by United States (Pub. L. 104 -208, div. C, title VI, §644, Sept. 30, citizens who have a history of committing 1996, 110 Stat. 3009 -708.) domestic violence, sexual assault, child - abuse, or other crimes and an explanation CODIFICATION that such acts may not have resulted in a Section was enacted as part of the Illegal Immigra- criminal record for such a citizen. tion Reform and Immigrant Responsibility Act of 1996, (H) Notification of the requirement under and also as part of the Omnibus Consolidated Appro- subsection (d)(3)(A) of this section that priations Act, 1997, and not as part of the Immigration international marriage brokers provide for - and Nationality Act which comprises this chapter. eign national clients with background infor- mation gathered on United States clients ABOLITION OF IMMIGRATION AND NATURALIZATION from searches of Federal and State sex of- SERVICE AND TRANSFER OF FUNCTIONS fender public registries and collected from For abolition of Immigration and Naturalization United States clients regarding their mart- Service, transfer of functions, and treatment of related tal history and domestic violence or other references, see note set out under section 1551 of this violent criminal history, but that such infor- title. mation may not be complete or accurate be- cause the United States client may not have $ 1375. Repealed. Pub. L. 109 - 162, title VIII, a criminal record or may not have truthfully § 833(g), Jan. 5, 2006, 119 Stat. 3077 reported their marital or criminal record. Section, Pub. L. 104 -208, div. C, title VI, §652, Sept. 30, (3) Summaries 1996, 110 Stat. 3009 -712, related to mail -order bride buss- The Secretary of Homeland Security, in con - ness. sultation with the Attorney General and the Edward Byrne Memorial Justice Assistance Grant (JAG) Program STANDARD CONDITIONS The State of Florida, Department of Law Enforcement (FDLE or Department) is a recipient of federal JAG funds. FDLE, as the non - federal pass- through entity and State Administering Agency (SAA) for this program, subawards JAG funds to eligible units of government. All subawards made by FDLE to units of government under this program require compliance with the agreement and Standard Conditions upon signed acceptance of the subaward. The following terms and conditions will become binding upon approval of the application or subaward, and completion of the Certificate of Acceptance by the subrecipient. As a unit of government, the subrecipient will maintain required state and federal registrations and certifications for eligibility under this program. For JAG - Countywide subawards, the designated County Coordinator for local units of government will submit documentation in accordance with Florida Administrative Code 11 D -9 supporting the strategic planning for allocation of these funds. The subrecipient agrees to submit required programmatic and financial reports supporting that eligible activities were completed in accordance with the grant and program requirements. The Department will only reimburse subrecipients for authorized activities. The Department will not reimburse for costs incurred for any purpose other than those specified in the agreement. Failure to comply with provisions of this agreement, or failure to perform grant activities as specified in the agreement, will result in required corrective action up to and including financial consequences. A financial consequence may be imposed for non - compliance in accordance with 2 C.F.R. § 200 and these Standard Conditions, including but not limited to project costs being disallowed, withholding of federal funds and /or termination of the project. GENERAL REQUIREMENTS All subrecipients must comply with requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide), http:// oip.gov /financialquide /DOJ /pdfs /2015 DOJ FinancialGuide.pdf, the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance, 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.orq Office of Management and Budget (OMB) Uniform Grant Guidance (2 C.F.R. § 200) Subpart A Definitions, Subparts B -D Administrative Requirements, Subpart E Cost Principles, Subpart F Audit Requirements and all applicable Appendices. This guidance supersedes previous OMB Circulars and Standard Conditions and is applicable to any new subawards made under Federal grants awarded on or after December 26, 2014. http: / /www.ecfr.gov /cqi- bin /text -idx ?SID= 62764122c780e5d1 d2134127afadc30d &node = 2:1.1.2.2.1 &rqn =div5 Code of Federal Regulations: www.gpo.gov /fdsys/ 2 C.F.R. § 175.15(b), "Award Term for Trafficking in Persons" 28 C.F.R. § 38, "Equal Treatment for Faith -Based Organizations" 28 C.F.R. § 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) 28 C.F.R. § 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)" 28 C.F.R. §§ 18, 22, 23, 30, 35, 42, 61, and 63 Public Law Pub. L. No. 109 -162, Title XI— Department of Justice Reauthorization, Subtitle B— Improving the Department of Justice's Grant Programs, Chapter 1— Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: http: / /www.gpo.gov/ fdsys/ pkq/ PLAW- 109pub1162 /pdf /PLAW- 109pub1162.pdf United States Code: www.gpo.gov /fdsys/ 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: http: // dlis .dos.state.fl.us /barm /genschedu les /GS2- 2008- Rev2010.pdf SFY2017 JAG Standard Conditions Page 1 of 23 Rev. 09/2016 State of Florida Statutes § 215.971, Fla. Stat. "Agreements funded with federal or state assistance" § 215.985, Fla. Stat. "Transparency in government spending" Subgrantees are strongly encouraged to submit annual (or more frequent) JAG success stories. These success stories highlight projects that have demonstrated success or shown promise in reducing crime and positively impacting communities. They are a valuable resource for states, localities, territories, tribes and criminal justice professionals who seek to identify and learn about JAG and other successful BJA- funded projects linked to innovation, crime reduction, and evidence -based practices. Submit all success stories to OCJG for review and submission. DEFINITIONS Disallowed costs means those charges to a Federal award that the Federal awarding agency or pass- through entity determines to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. Equipment means tangible personal property (including information technology systems) having a useful life of more than one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non - Federal entity for financial statement purposes, or $5,000. See also §§ 200.12, "Capital assets "; 200.20, "Computing devices"; 200.48, "General purpose equipment "; 200.58, "Information technology systems; 200.89, "Special purpose equipment "; and 200.94, "Supplies." Grant agreement means a legal instrument of financial assistance between a Federal awarding agency or pass - through entity and a non - Federal entity that, consistent with 31 U.S.C. §§ 6302, 6304, is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass- through entity to the non - Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. § 6101(3)); and not to acquire property or services for the Federal awarding agency or pass- through entity's direct benefit or use; and is distinguished from a cooperative agreement in that it does not provide for substantial involvement between the Federal awarding agency or pass- through entity and the non - Federal entity in carrying out the activity contemplated by the Federal award. Improper payment means any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements and; Improper payment includes any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. Micro - purchase means a purchase of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed the micro - purchase threshold. The non - Federal entity uses such procedures in order to expedite the completion of its lowest - dollar small purchase transactions and minimize the associated administrative burden and cost. The micro - purchase threshold is set by the Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1, "Definitions ". It is $3,000 except as otherwise discussed in Subpart 2.1 of that regulation, but this threshold is periodically adjusted for inflation. Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. Non- Federal entity is a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. Non- federal pass- through entity is a non - Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program; the Florida Department of Law Enforcement (FDLE) is the non - federal pass- through entity for this agreement, also referred to as the State Administering Agency (SAA). SFY2017 JAG Standard Conditions Page 2 of 23 Rev. 09/2016 Performance goal means a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate. In some instances (e.g., discretionary research awards), this may be limited to the requirement to submit technical performance reports (to be evaluated in accordance with agency policy). Period of performance means the time during which the non - Federal entity may incur new obligations to carry out the work authorized under the Federal award. The Federal awarding agency or pass- through entity must include start and end dates of the period of performance in the Federal award (See 2 C.F.R. §§ 200.210(a)(5), "Information contained in a Federal award" and 200.331(a)(1)(iv), "Requirements for pass- through entities "). Protected Personally Identifiable Information (PII) means an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to social security numbers; passport numbers; credit card numbers; clearances; bank numbers; biometrics; date and place of birth; mother's maiden name; criminal, medical, and financial records; and educational transcripts. This does not include PII that is required by law to be disclosed. (See 2 C.F.R. § 200.79 Personally Identifiable Information (PII)). Questioned cost means a cost that is questioned by the auditor because of an audit finding 1) that resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to match Federal funds; 2) where the costs, at the time of the audit, are not supported by adequate documentation; or 3) where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. Simplified acquisition threshold means the dollar amount below which a non - Federal entity may purchase property or services using small purchase methods. Non - Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. § 1908. As of the publication of this part, the simplified acquisition threshold is $150,000, but this threshold is periodically adjusted for inflation. (Also see definition of Micro - purchase, 2 C.F.R. § 200.67) Subaward /Subgrant means an award provided by a pass- through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass- through entity. It does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass- through entity considers a contract. Subrecipient means a non - Federal entity that receives a subaward from a pass- through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Supplies means all tangible personal property other than those described in 2 C.F.R. § 200.33, "Equipment ". A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non - Federal entity for financial statement purposes or $5,000, regardless of the length of its useful life. (See 2 C.F.R. §§ 200.20, "Computing devices" and 200.33, "Equipment. ") SFY2017 JAG Standard Conditions Page 3 of 23 Rev. 09/2016 SECTION I: TERMS AND CONDITIONS The subrecipient agrees to be bound by the following standard conditions: 1.0 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 subrecipients for incurred costs is subject to available federal funds. 2.0 System for Award Management (SAM) - The subrecipient must maintain current information in SAM until it submits the final financial report required under this award or receives the final payment, whichever is later. This requires that the subrecipient 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. 2.1 The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM "), to the designated federal integrity and performance system (currently, "FAPIIS "). 3.0 General Appropriations Law Restrictions - The subrecipient must comply with all applicable restrictions on the use of federal funds set out in federal appropriation statutes. Pertinent restrictions in the Consolidated Appropriations Act, 2016 are set out at http: / /oip.gov /fundinq /Explore /FY2016- AppropriationsLawRestrictions.htm. Subrecipients must contact the Office of Criminal Justice Grants for guidance should a question arise whether a particular use of federal funds by a subrecipient would or fight fall within the scope of an appropriations -law restriction, and may not proceed without the express prior written approval from the Department and federal awarding agency. 4.0 Commencement of Project - If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date 4.1 If a project is not operational within 90 days of the original start date of the award period, the subrecipient must submit a second statement to the Department explaining the implementation delay. 4.2 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 subaward 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. 5.0 Supplanting - The subrecipient 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. 6.0 Personnel Changes - Upon implementation of the project, in the event there is a change in Chief Officials for the Subrecipient or Implementing Agency or any contact information to include mailing address, phone number, email or title change, project staff must notify the SIMON help desk to update the organizational information in SIMON. Project director changes require a grant adjustment in SIMON. 7.0 Non - Procurement, Debarment and Suspension - The subrecipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 C.F.R. § 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (Non - procurement) ". These procedures require the subrecipient to certify that 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. 8.0 Federal Restrictions on Lobbying - Each subrecipient agrees to comply with 28 C.F.R. § 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 subrecipient for award of federal contract, grant, or cooperative agreement. • • SFY2017 JAG Standard Conditions Page 4 of 23 Rev. 09/2016 9.0 State Restrictions on Lobbying - In addition to the provisions contained above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this agreement. 10.0 Additional Restrictions on Lobbying - The subrecipient 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. 11.0 "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 an offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 12.0 The Coastal Barrier Resources Act - The subrecipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (Pub..L. No. 97 -348) dated October 19, 1982 (16 U.S.C. §§ 3501 et seq.) which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 13.0 Enhancement of Security - If funds are used for enhancing security, the subrecipient agrees to: 13.1 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. 13.2 Conduct such an assessment with respect to each such enhancement; and submit to the Department the aforementioned assessment in its Final Program Report. 14.0 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. 14.1 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. 14.2 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 record checks through the Florida Department of Law Enforcement, and federal criminal record checks through the Federal Bureau of Investigation, and may include local criminal record checks through local law enforcement agencies. 14.2.1 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. 14.2.2 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. SFY2017 JAG Standard Conditions Page 5 of 23 Rev. 09/2016 15.0 Privacy Certification - The subrecipient agrees to comply with all confidentiality requirements of 42 U.S.C. § 3789g and 28 C.F.R. § 22 that are applicable to collection, use, and revelation of data or information. The subrecipient further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. §§ 22 and, in particular, 22.23. Privacy Certification forms must be signed by the subrecipient or implementing agency chief official or an individual with formal, written signature authority for the chief official. 16.0 Conferences and Inspection of Work - Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 17.0 Insurance for Real Property and Equipment - The subrecipient must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non - Federal entity. SECTION II: CIVIL RIGHTS REQUIREMENTS 1.0 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 subrecipients, 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. § 794); 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 C.F.R. § 42. See Executive Order 13279 (equal protection of the laws for faith -based and community organizations). 2.0 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. The subrecipient must notify program participants and beneficiaries that it does not discriminate on the basis of race, color, national origin, religion, sex, disability, and age in the delivery of services or benefits or in employment practices. 3.0 Subrecipients are responsible for ensuring that contractors and agencies to whom they pass through funds are in compliance with all Civil Rights requirements. 4.0 Equal Employment Opportunity Plans 4.1 A subrecipient or implementing agency must develop an EEO Plan if it has 50 or more employees and has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the online short form at www.oip.usdoj.gov /about/ocr /eeop comply.htm, must be retained by the subrecipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. 4.2 If the subrecipient 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. 4.3 A subrecipient 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. 4.4 The subrecipient 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. SFY2017 JAG Standard Conditions Page 6 of 23 Rev. 09/2016 5.0 In the event a federal or state court, or a 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. • 6.0 In accordance with federal civil rights laws, the subrecipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. 7.0 Subrecipients must include comprehensive Civil Rights /Nondiscrimination Provisions in all contracts funded by the subgrant recipient. 8.0 If the subrecipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subrecipient, with FDLE, or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office of the Inspector General, Post Office Box 1489, Tallahassee, Florida 32302 -1489, or online at info(c�fdle.state.fl.us. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7 Street, Northwest, Washington, D.C. 20531, or by phone at (202) 307 -0690. 9.0 The subrecipient must have procedures in place for responding to discrimination complaints that employees, clients, customers, and program participants file directly with the subrecipient. 10.0 The subrecipient must have written policies or procedures in place for notifying program beneficiaries how to file complaints alleging discrimination by the subrecipient/implementing agency with FDLE or the OCR. 11.0 Any discrimination complaints filed 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. 12.0 Americans with Disabilities Act - Subrecipients must comply with the requirements of the Americans with Disabilities Act (ADA) (Pub. L. No. 101 -336), which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 13.0 Rehabilitation Act of 1973 (28 C.F.R. § 42(G)) - If the subrecipient has 50 or more employees and receives DOJ funding of $25,000 or more, the subrecipient must take the following actions: 13.1 Adopt grievance procedures that incorporate due process standards and provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Section 504 of the Rehabilitation Act of 1973, found at 28 C.F.R. § 42(G), which prohibit discrimination on the basis of a disability in employment practices and the delivery of services. 13.2 Designate a person to coordinate compliance with the prohibitions against disability discrimination contained in 28 C.F.R. § 42(G). 13.3 Notify participants, beneficiaries, employees, applicants, and others that the subrecipient/implementing agency does not discriminate on the basis of disability. 14.0 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.leo.gov. FDLE strongly encourages subgrant recipients to have a written LEP Language Access Plan. 15.0 Title IX of the Education Amendments of 1972 (28 C.F.R. § 54) - If the subrecipient operates an education program or activity, the subrecipient must take the following actions: 15.1 Adopt grievance procedures that provide for the prompt and equitable resolution of complaints alleging a violation of the DOJ regulations implementing Title IX of the Education Amendments of 1972, found at 28 C.F.R. § 54, which prohibit discrimination on the basis of sex. SFY2017 JAG Standard Conditions Page 7 of 23 Rev. 09/2016 15.2 Designate a person to coordinate compliance with the prohibitions against sex discrimination contained in 28 C.F.R. § 54. 15.3 Notify applicants for admission and employment, employees, students, parents, and others that the subrecipient/implementing agency does not discriminate on the basis of sex in its educational programs or activities. 16.0 Equal Treatment for Faith Based Organizations - The subrecipient agrees to comply with the applicable requirements of 28 C.F.R. § 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 recipient or a subrecipient 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. The subrecipient also understands and agrees that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from the award, or the parent or legal guardian of such students. 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. 17.0 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. § 1324a(e), Section 274A(e) of the Immigration and Nationality Act ( "INA "). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subrecipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. SECTION III: FINANCIAL REQUIREMENTS AND RESPONSIBILTY 1.0 Fiscal Control and Fund Accounting Procedures • 1.1 All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Uniform Grant Guidance (2 C.F.R § 200) as applicable, in their entirety. 1.2 Subrecipients must have written procedures for procurement transactions. Procedures must ensure that all solicitations follow 2 C.F.R. §§ 200.319 "Competition" and 200.320 "Methods of Procurement ". 1.3 The subrecipient is required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. As a subrecipient, 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 subrecipient must be able to accommodate a fund and account structure to separately track receipts, expenditures, assets, and liabilities for awards, programs, and subrecipients. 1.4 All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. 1.5 All funds not spent in accordance with this agreement shall be subject to repayment by the subrecipient. SFY2017 JAG Standard Conditions Page 8 of 23 Rev. 09/2016 SECTION IV: SUBAWARD MANAGEMENT AND REPORTING REQUIREMENTS 1.0 Obligation of Subrecipient Funds - Subaward funds shall not under any circumstances be obligated prior to the effective date, or subsequent to the termination date, of the period of performance. Only project costs incurred on or after the effective date, and on or prior to the termination date of the subrecipient's project are eligible for reimbursement. All payments must be completed within thirty (30) days of the end of the subaward period of performance. 2.0 Advance Funding - Advance funding may be provided to a subrecipient upon a written request to the Department. The request must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. 3.0 Trust Funds 3.1 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. 3.2 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. 4.0 Performance 4.1 Subaward Performance - The subrecipient must comply with state and federal requirements for subaward performance under 2 C.F.R. §§ 200.76 -77. The subaward shall describe the timing and scope of expected performance as related to the outcomes intended to be achieved by the program. Where appropriate, the subaward should provide specific performance goals, indicators, milestones, or expected outcomes (such as outputs, or services performed or public impacts of any of these) with an expected timeline for accomplishment. Submitted programmatic reports must clearly articulate, where appropriate, performance during the execution of the award has met a standard against which the subrecipient's performance can be measured. These requirements should be aligned with agency strategic goals, strategic objectives, or performance goals that are relevant to the program. 4.2 Performance of Agreement Provisions - In the event of default; non - compliance; or violation of any provision of this agreement by the subrecipient, the subrecipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subrecipient of its decision thirty (30) days in advance of the effective date of such sanction. The subrecipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 5.0 Grant Adjustments - Subrecipients must submit a grant adjustment through SIMON for major substantive changes such as: scope modifications or changes to project activities, target populations, service providers, implementation schedules, project director, designs or research plans set forth in the approved agreement, and for any budget changes that affect a cost category that was not included in the original budget. Adjustments are also required when there will be a transfer of 10% or more of the total budget between budget categories, or there is an indirect cost rate category change. 5.1 Subrecipients 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. 5.2 Under no circumstances can transfers of funds increase the total budgeted award. 5.3 Requests for changes to the subaward agreement must be electronically signed by the subrecipient or implementing agency's chief official or the chief official's designee. 5.4 All requests for changes must be submitted in SIMON no later than thirty (30) days prior to grant expiration date. 6.0 Required Reports - All reports must relate financial data to performance accomplishments. Subrecipients must submit both reports on the same reporting cycle. SFY2017 JAG Standard Conditions Page 9 of 23 Rev. 09/2016 6.1 Financial Expenditure Report 6.1.1 The subrecipient 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 subaward period is extended, additional Project Expenditure Reports shall be submitted. 6.1.2 All project expenditures for reimbursement of subrecipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the SIMON (Subgrant Information Management Online) system. 6.1.3 All Project Expenditure Reports shall be submitted in sufficient detail for proper pre -audit and post- audit. 6.1.4 Before the "final" Project Expenditure Report will be processed, the subrecipient shall submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. 6.1.5 Reports shall submitted even when no reimbursement is being requested. 6.1.6 The report shall be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. 6.2 Project Performance Reports 6.2.1 The subrecipient shall submit Monthly or Quarterly Project Performance Reports in SIMON, hereafter known as the Department, within fifteen (15) days after the end of the reporting period. In addition, if the sub award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. 6.2.2 Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in Section IV 4.2, Performance of Agreement Provisions. 6.2.3 Performance Reports must include a response to all objectives included in your subaward. 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. 6.2.4 Performance Reports may be submitted by the Project Director, Application Manager, or Performance Contacts. 6.3 Project Generated Income (PGI) - All income generated as a direct result of a subgrant project shall be deemed program income. Program income must be accounted for and reported in SIMON in accordance with the OJP Financial Guide (Section 3.4). 6.3.1 The subrecipient shall submit Quarterly PGI Earnings and Expenditures Reports to the Department within thirty (30) days after the end of the reporting period covering subaward project generated income and expenditures during the previous quarter. If any PGI remains unspent after the subaward ends, the subrecipient must continue submitting quarterly PGI reports until all funds are expended. 6.3.2 PGI Earnings and Expenditure reports must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. 6.3.3 Program income should be used as earned and expended as soon as possible and used to further the objects in which the award was made. Any unexpended PGI remaining at the end of the federal grant period must be submitted to OCJG for transmittal to the Bureau of Justice Assistance. SFY2017 JAG Standard Conditions Page 10 of 23 Rev. 09/2016 6.4 Law Enforcement Training - Any law enforcement agency receiving JAG funding must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict and constructive engagement with the public. 6.5 Other Reports- The subrecipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. SECTION V: MONITORING AND AUDITS 1.0 Access to Records - The Florida 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 subrecipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. The Department reserves the right to unilaterally terminate this agreement if the subrecipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of § 119, Fla. Stat., unless specifically exempted and /or made confidential by operation of § 119, Fla. Stat., and made or received by the subrecipient or its contractor in conjunction with this agreement. The subrecipient 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. 2.0 Monitoring - The recipient agrees to comply with FDLE's grant monitoring guidelines, protocols, and procedures; and to cooperate with FDLE on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, site visits, and /or Florida Department of Financial Services contract reviews and Expanded Audits of Payment (EAP). The recipient agrees to provide FDLE all documentation necessary to complete monitoring of the award and verify expenditures in accordance with § 215.971, Fla. Stat. Further, the recipient agrees to abide by reasonable deadlines set by FDLE for providing requested documents. Failure to cooperate with grant monitoring activities may result in sanctions affecting the recipient's award, including, but not limited to: withholding and /or other restrictions on the recipient's access to funds, referral to the Office of the Inspector General for audit review, designation of the recipient as a FDLE High Risk grantee, or termination of award(s). 3.0 Property Management - The subrecipient 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 2 C.F.R. § 200, as applicable. This obligation continues as long as the subrecipient retains the property, notwithstanding expiration of this agreemen. 3.1 Property Use - The subrecipient must use equipment acquired under a Federal award for the authorized purposes of the project during the period of performance, or until the property is no longer needed. Subrecipients must use, manage, and dispose of equipment acquired under a Federal award in accordance with § 274, Fla. Stat. and 2 C.F.R. § 200.313, "Equipment ". 4.0 Subaward Closeout - A Financial Closeout Audit shall be submitted to the Department within forty -five (45) days of the end date of the performance period. The Financial Closeout Audit must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer's designee. 5.0 High Risk Subrecipients - The subrecipient agrees to comply with any additional requirements that may be imposed during the grant performance period if FDLE's pre -award risk assessment or the U.S. Department of Justice determines the subrecipient is a high -risk grantee. (28 C.F.R. §§ 66, 70) 6.0 Reporting, Data Collection and Evaluation - The subrecipient 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 (J■G). Compliance with these requirements will be monitored by FDLE. SFY2017 JAG Standard Conditions Page 11 of 23 Rev. 09/2016 7.0 Retention of Records - The subrecipient 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 subrecipient shall comply with State of Florida General Records Schedule GS1 -SL for State and Local Government Agencies: http: / /dos.myflorida.com /media /693574 /general- records- schedulegs0l- sl.pdf http: / /dos.myfiorida.com /media /693578/gs02.pdf 8.0 Disputes and Appeals - 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 subrecipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the subrecipient appeals the Departments decision, the appeal also shall be made in writing within twenty -one (21) calendar days to the Department's clerk (agency clerk). The subrecipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., and in procedures set forth in Fla. Admin. Code R.28- 106.104. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 9.0 Single Annual Audit 9.1 Subrecipients that expend $750,000 or more in a year in federal awards shall have a single audit or program- specific audit conducted for that year. The audit shall be performed in accordance with 2 C.F.R. § 200(F) Audit Requirements 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 funds disbursed. When applicable, the subrecipient shall submit an annual financial audit that meets the requirements of 11.45 and 215.97 §§ Fla. Stat., "Definitions; duties; authorities; reports; rules," and "Florida Single Audit Act" and Rules of the Auditor General: Chapters 10.550 and 10.650, "Local Governmental Entity Audits" and "Florida Single Audit Act Audits Nonprofit and For - Profit Organizations." 9.2 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 managements written response to all findings, including audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. 9.3 Audits shall be completed by an Independent Public Accountant (IPA) and according to Generally Accepted Government Auditing Standards (GAGAS). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. Subrecipients shall procure audit services according to § 200.509, and include clear objectives and scope of the audit in addition to peer review reports to strengthen audit quality and ensure effective use of audit resources. 9.4 The subrecipient shall promptly follow -up and take appropriate corrective action for any findings on the audit report in instances of noncompliance with federal laws and regulations, including but not limited to preparation of a summary schedule of prior audit findings and a corrective action plan. Subrecipient follow -up to audit findings must abide by requirements in 2 C.F.R. § 200.511. 9.5 Subrecipient understands and agrees that federal awarding and pass- through entities may withhold award funds, or may impose other related requirements, if (as determined by the federal awarding agency or pass- through entity, the subrecipient does not satisfactorily and promptly address outstanding issues from audits required by 2 C.F.R. § 200 or terms of this subaward, or other outstanding issues that arise in connection with audits, investigations or reviews of DOJ awards or subawards. 9.6 Auditees must make copies available for public inspection and ensure respective parts of the reporting package do not include protected personally identifiable information. Records shall be made available upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. SFY2017 JAG Standard Conditions Page 12 of 23 Rev. 09/2016 9.7 Subrecipients that expend less than $750,000 in federal awards during a fiscal year are exempt from the audit requirements of 2 C.F.R. § 200(F) 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 subrecipient is exempt. This notice shall be provided to the Department no later than June 30 following the end of the fiscal year. 9.8 If this agreement is closed without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. 9.9 The Federal Audit Clearinghouse is the repository of record for 2 C.F.R. § 200(F). Audits performed as a result of this requirement must be completed and submitted to the Federal Audit Clearinghouse within the earlier of thirty (30) calendar days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. Submissions must include required elements described in 2 C.F.R. § 200, Appendix X, on the specified Data Collection Form (Form SF -SAC), and be signed by a senior level representative or chief official of the auditee. A scanned copy of the completed audit reports or a link to the electronic audit report should be sent via email to criminaljustice a(�fdle.state.fl.us or mailed to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302 -1489 SECTION VI: SUBAWARD PROCUREMENT AND COST PRINCIPLES 1.0 Procurement Procedures - Subrecipients must use documented procurement procedures which reflect applicable state, local, and tribal laws and regulations, provided that the procurement standards conform to federal procurement guidelines (2 C.F.R. §§ 200.317 -326). 2.0 Federal Procedures - All procedures employed in the use of federal funds for any procurement shall also be according to 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments ", 2 C.F.R. § 200.318, "General procurement standards ", and Florida law to be eligible for reimbursement. 3.0 Cost Analysis - A cost analysis must be performed by the subrecipient if the cost or price is above the simplified acquisition threshold of $150,000. Costs or prices based on estimated costs for contracts are allowable only if allowable under 2 C.F.R. § 200.405(e), "Cost Principles ". 4.0 Allowable Costs - Allowance for costs incurred under the subaward shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments "; and 2 C.F.R. § 200.405(e), "Cost Principles ". 4.1 All procedures employed in the use of federal funds for any procurement shall be according to 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments ", 2 C.F.R. § 200.420, "Considerations for selected items of cost"; and Florida law to be eligible for reimbursement. 4.2 Subrecipients eligible to use the "de minimis" indirect cost rate described in 2 C.F.R. § 200.414(0, and that elects to use the "de minimis" indirect cost rate, must advise FDLE Office of Criminal Justice Grants in writing of both its eligibility and election, and must comply with all associated requirements in the OMB Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC). 4.3 Indirect cost proposals for local and state units of government must comply with 2 C.F.R. § 200, Appendix VII. SFY2017 JAG Standard Conditions Page 13 of 23 Rev. 09/2016 5.0 Unallowable Costs - Payments made for costs determined to be unallowable by either the Federal awarding agency or the Department, either as direct or indirect costs, must be refunded (including interest) to the Federal Government in accordance with instructions from the Federal agency that determined the costs are unallowable unless Federal statute or regulation directs otherwise. See also Subpart D —Post Federal Award Requirements and 2 C.F.R. §§ 200.300 -309. 5.1 Prohibited Expenditure List - Subaward funds may not be used for items that are listed on the Prohibited Expenditure List at the time of purchase or acquisition. Recipient understands and agrees that failure to comply with conditions related to Prohibited or Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. The list of prohibited expenditures may be amended from time to time without any prior notice. The list of prohibited expenditures may be found at: https: / /www. bia. qov / Fundinq /JAGControlledPurchaseList.pdf. 6.0 Controlled Expenditure List - Requests for acquisition of items on the Controlled Expenditure List must receive explicit prior written approval from FDLE and BJA. If award funds are approved and used for the purchase or acquisition of any item on the Controlled Purchase List, the subrecipient must collect and retain for 3 years certain information about the use of 1) the federally grant funded controlled equipment and 2) any other controlled equipment in the same category as the federally- acquired controlled equipment in the agency's inventory, regardless of source; and make that information available to FDLE and BJA upon request. No equipment on the Controlled Expenditure list that is purchased or acquired under this award may be transferred or sold to a third party without the prior approval and guidance from FDLE and BJA. Failure to comply with conditions related to Prohibited or Controlled Expenditures may result in prohibition from further Controlled Expenditure approval under this or other awards. The list of controlled purchases may be found at: httos://www.bia.clov/Fundinq/JAGControlledPurchaseList.pdf. 6.1 The recipient understands that, pursuant to recommendation 2.1 of Executive Order 13688, law enforcement agencies that acquire controlled equipment through Federal programs must adopt robust and specific written policies and protocols governing General Policing Standards and Specific Controlled Equipment Standards. General Policing Standards includes policies on (a) Community Policing; (b) Constitutional Policing; and (c) Community Input and Impact Considerations. Specific Controlled Equipment Standards includes policies specifically related to (a) Appropriate Use of Controlled Equipment; (b) Supervision of Use; (c) Effectiveness Evaluation; (d) Auditing and Accountability; and (e) Transparency and Notice Considerations. Upon OJP's request, the recipient agrees to provide a copy of the General Policing Standards and Specific Controlled Equipment Standards, and any related policies and protocols. 6.2 Recipient understands and agrees that failure to comply with conditions related to Controlled Expenditures may result in a prohibition from further Controlled Expenditure approval under this or other federal awards. 6.3 Recipient understands and agrees that, notwithstanding 2 CFR § 200.313, no equipment listed on the Controlled Expenditure List that is purchased under this award may be transferred or sold to a third party, except as described below: 6.3.1 Agencies may transfer or sell any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtaining prior written approval from BJA. As a condition of that approval, the acquiring LEA will be required to submit information and certifications to BJA as if it was requesting approval to use award fund for the initial purchase of items on the Controlled Expenditure List. 6.3.2 Agencies may not transfer or sell any riot helmets or riot shields purchased under this award. 6.3.3 Agencies may not transfer or sell any Controlled Equipment purchased under this award to non -LEAs, with the exception of fixed wing aircraft, rotary wing aircraft, and command and control vehicles. Before any such transfer or sale is finalized, the agency must obtain prior written approval from BJA. All law enforcement - related and other sensitive or potentially dangerous components, and all law enforcement insignias and identifying markings must be removed prior to transfer or sale. 6.4 Recipient further understands and agrees to notify BJA prior to the disposal of any items on the Controlled Expenditure List purchased under this award, and to abide by any applicable laws and regulations in such disposal. SFY2017 JAG Standard Conditions Page 14 of 23 Rev. 09/2016 6.5 Unmanned Aerial Vehicles - The recipient agrees that awarded funds may not be expended on unmanned aircraft, unmanned aircraft systems, or aerial vehicles (US, UAS, or UAV) unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of public safety and good order. Additionally, any funding approved for this purpose would be subject to additional reporting, which would be stipulated by FDLE post award. 7.0 Review prior to Procurement - Subrecipients are encouraged to enter into state and local intergovernmental agreements or inter - entity agreements where appropriate for procurement or use of common or shared goods /services. Subrecipients are also encouraged to use excess and surplus property in lieu of purchasing new equipment and property when this is feasible. 8.0 Sole Source - If the project requires a purchase of services or equipment from a sole source, the subrecipient must complete the Sole Source Justification for Services and Equipment Form. If the subrecipient is a state agency and the cost is at least $150,000, then the agency must submit a copy of the approval from the Department of Management Services (§ 287.057(5), Fla. Stat.). Sole Source form must be signed by the subgrant recipient or implementing agency chief official or an individual with formal, written signature authority for the chief official. 9.0 Personal Services — Subrecipients may use grant funds for eligible personal services (salaries /benefits and overtime) and must maintain internal controls over salaries and wages. The following requirements apply to personal services paid with subgrant funds: 9.1 Timesheets - Timesheets must be kept for all project staff whose hours will be charged to the project. The timesheets must be signed by the supervisor and clearly indicate hours spent on project activities. 9.2 Additional Documentation - In accordance with § 215.971, Fla. Stat., 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. 9.3 Protected personally identifiable information - The subrecipient shall take reasonable measures to safeguard protected personally identifiable information and other information the pass- through entity designates as sensitive or the subrecipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. 9.4 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. 9.5 Employees Working Solely on a Single Federal Award - For any position that works 100% of its time on a single federal award, the employee must certify that 100% of his or her time was spent working on that federal award. This requirement applies to both full time and part time positions regardless of the percentage of the position's salary that is charged to the grant. The certification must be signed by both the employee and the employee's direct supervisor having firsthand knowledge of the work performed by the employee. The forms must be submitted semi - annually and may not be signed prior to the end of the reporting period. Certifications must be provided to cover the entire grant period 9.6 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 subrecipient 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 may be found at https: / /www.opm.gov /policy -data- oversight/pay -leave /salaries- wages /salary- tables /16Tables /exec /html /ES.aspx.) A subrecipient 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. 9.7 Percentage of Salary Funded- For any position previously funded with JAG funds, the percentage of the salary to be paid must not exceed prior funding percentage. SFY2017 JAG Standard Conditions Page 15 of 23 Rev. 09/2016 10.0 Contractual Services - The subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts as described in 2 C.F.R. § 200.318, "General procurement ". 10.1 Requirements for Contractors of Subrecipients - The subrecipient 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 ; the provisions of the current edition of the Office of Justice Programs Financial Guide (http: / /olp.gov /financialquide /DOJ /index.htm); and all other applicable federal and state laws, orders, circulars, or regulations. The subrecipient must pass- through all requirements and conditions applicable to the federal grant award /subaward to any subcontract. The term "contractor" is used rather than the term "vendor" and means an entity that receives a contract as defined in 2 C.F.R. § 200.22, the nature of the contractual relationship determines the type of agreement. 10.2 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 $650 (excluding travel and subsistence costs) per eight -hour day, or $81.25 per hour. 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 subrecipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole source), the $650 threshold does not apply. 11.0 Travel and Training - The cost of all travel shall be reimbursed according to the subrecipient's written travel policy. If the subrecipient does not have a written travel policy, cost of all travel will be reimbursed according to State of Florida Travel Guidelines, § 112.061, Fla. Stat. Any foreign travel must obtain prior written approval. 11.1 BJA or FDLE Sponsored Events - The subrecipient 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. 11.2 Expenses Related to Conferences, Meetings, Trainings, and Other Events - The subrecipient 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 may be found at: htto: / /oip.gov /financialquide /DOJ /Postaward Requi rements /chapter3.1 Oa.htm. 11.3 Training and Training Materials — Any training or training materials that has been developed or delivered with grant funding under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, found at: http://oip.gov/ funding / Implement /TrainingPrinciplesForGrantees- Subgrantees.htm. 12.0 Publications, Media and Patents 12.1 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, and 2 C.F.R. § 200.315 "Intangible Property," as applicable. 12.2 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: 12.2.1 The copyright in any work developed under an award or subaward, and 12.2.2 Any rights of copyright to which a subaward recipient or subrecipient purchases ownership with support funded under this grant agreement. SFY2017 JAG Standard Conditions Page 16 of 23 Rev. 09/2016 12.3 Publication or Printing of Reports - The subrecipient 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. The subrecipient understands and agrees that any training materials developed or delivered with grant funding must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees found at http: / /ojp.gov /funding/ Implement /TrainingPrinciplesForGrantees- Subgrantees.htm. All materials publicizing or resulting from award activities shall contain the following statements identifying the federal award; "This project was supported by Award No. awarded by the Bureau of Justice Assistance, Office of Justice Programs. The opinions, findings, and conclusions or recommendations expressed in this publication /program /exhibition are those of the authors and do not necessarily reflect the views of the Department of Justice ". 12.4 Patents - If any program produces patentable items, patent rights, processes, or inventions, in the course of work sponsored by the federal award or subaward funds, such facts must be promptly and fully reported to the awarding agency. 12.4.1 Unless there is a prior agreement between the subrecipient and the Department on disposition of such items, the Department may determine whether protection on the invention or discovery will be sought. 12.4.2 The Department will also determine how rights in the invention or discovery (including rights under any patents issued) will be allocated and administered in order to protect the public interest consistent with "Government Patent Policy" ( "President's Memorandum for Heads of Executive Departments and Agencies," (August 23, 1971), and statement of Government patent policy, as printed in 36 Federal Register 16839). 12.4.3 Government regulations have been issued in 37 C.F.R. § 401 by the U.S. Department of Commerce. 13.0 Confidential Funds and Confidential Funds Certificate - A signed certification that the Project Director or Implementing Agency Chief Official has read, understands, and agrees to abide by all conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required for all projects that involve confidential funds. The signed certification must be submitted at the time of grant application. This certificate certifies the Project Director has read, understands, and agrees to abide by the provision in Section 3.12 of the Office of Justice Programs Financial Guide. This form must be submitted upon application if applicable. Confidential Funds certifications must be signed by the subrecipient or implementing agency Chief Official or an individual with formal, written signature authority for the Chief Official. 14.0 Task Force Training Requirement - The subrecipient 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 life 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. When FDLE awards funds to support a task force, the subrecipient must compile and maintain a task force personnel roster along with course completion certificates. 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.orq). SFY2017 JAG Standard Conditions Page 17 of 23 Rev. 09/2016 15.0 Information Technology Projects 15.1 Criminal Intelligence Systems - The subrecipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. § 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. § 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. § 23.20(g). Should any violation of 28 C.F.R. § 23 occur, the subrecipient may be fined as per 42 U.S.C. § 3789g(c) -(d). The subrecipient may not satisfy such a fine with federal funds. The subrecipient understands and agrees that no awarded funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. In doing so the subrecipient agrees that these restrictions will not limit the use of awarded funds necessary for any federal, state, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecutions, or adjudication activities. 15.2 State Information Technology Point of Contact - The subrecipient agrees 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. 15.2.1 In addition, the subrecipient agrees to maintain an administrative file documenting the meeting of this requirement. A list of State Information Technology Points of Contact may be found at www.it.oip.qov /technology- contacts. 15.2.2 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 subrecipient 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. 15.3 ADP Justification - The subrecipient must complete an Automated Data Processing (ADP) Equipment and Software and Criminal Justice Information and Communication Systems Request for Approval form if the purchase of any ADP equipment is to be made. This form must be submitted upon application, if applicable. ADP justification must be signed by the subrecipient or implementing agency chief official or an individual with formal, written signature authority for the chief official. 16.0 Interoperable Communications Guidance 16.1 Subrecipients 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 may be found at www.dhs.gov /safecom. 16.2 Subrecipients 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 subrecipient 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. Subrecipients 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. SFY2017 JAG Standard Conditions Page 18 of 23 Rev. 09/2016 17.0 Drug Court Projects - A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court Programs." SECTION VII: ADDITIONAL REQUIREMENTS 1.0 Ballistic Resistant and Stab Resistant Body Armor and Body Worn Camera 1.1 Mandatory Wear Policy - Subrecipients that wish to purchase armor 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 body armor. 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 may be found at www.bia.gov /Fundinq /JAGFAQ.pdf. 1.2 BVP Program - JAG funds may be used to purchase armor for an agency, but may not be used as the 50% match for purposes of the Bulletproof Vest Partnership (BVP) program. 1.3 NIJ Compliance - Body armor 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 and are listed on the NIJ Compliant Body Armor Model List (http://nii.qov). In addition, body armor purchased must be American - made. The latest NIJ standard information may be found at www.nii•gov /topics /technology /body- armor. 1.4 Body Worn Camera Certification - Any subrecipient who wishes to use JAG funds to purchase BWC equipment, or to implement or enhance BWC programs, must certify that they or the law enforcement agency receiving the BWC funding have policies and procedures in place related to equipment usage, data storage, privacy, victims, access, disclosure, and training. For more information on BWC requirements, example policies, and best practices, visit https: / /www.bia.gov /bwc /. 2.0 Environmental Protection Agency's (EPA) list of Violating Facilities - The subrecipient 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. 3.0 National Environmental Policy Act (NEPA) 3.1 The subrecipient 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 subaward funds by the subrecipient. This applies to the following new activities whether or not they are being specifically funded with these subaward funds. That is, it applies as long as the activity is being conducted by the subrecipient or any third party and the activity needs to be undertaken in order to use these subaward funds. Accordingly, the subrecipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the recipient agrees to contact FDLE OCJG. 3.1.1 New construction 3.1.2 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; a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; 3.1.3 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 3.1.4 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. SFY2017 JAG Standard Conditions Page 19 of 23 Rev. 09/2016 3.1.5 Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. 3.2 The subrecipient 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 subrecipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice at www.bja.gov /Funding /nepa.html, for programs relating to methamphetamine laboratory operations. 3.3 For any of a subrecipient's existing programs or activities that will be funded by these subawards, the subrecipient, 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 the Department of Justice of a national or program environmental assessment of that funded program or activity. 4.0 Methamphetamine Plans: Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories - If an award is made to support methamphetamine laboratory operations the subrecipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. 4.1 General Requirement: The subrecipient 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. The subrecipient also agrees to complete a Methamphetamine Mitigation Plan (MMP) that includes the nine protective measures or components required by BJA and submit the plan to FDLE's Office of Criminal Justice Grants. 4.2 Specific Requirements: The subrecipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subrecipient 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 subaward. In so doing, the subrecipient 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. 4.2.1 Provide medical screening of personnel assigned or to be assigned by the subrecipient to the seizure or closure of clandestine methamphetamine laboratories; 4.2.2 Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subrecipient to either the seizure or closure of clandestine methamphetamine laboratories; 4.2.3 As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4.2.4 Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 4.2.5 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; 4.2.6 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; SFY2017 JAG Standard Conditions Page 20 of 23 Rev. 09/2016 4.2.7 Monitor the transport, disposal, and recycling components of subparagraphs 4.2.5 and 4.2.6 immediately above in order to ensure proper compliance; 4.2.8 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 1) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and 2) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing federal and state requirements; and 4.2.9 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 1) respond to the potential health needs of any minor at the site; 2) 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; 3) ensure immediate medical testing for methamphetamine toxicity; and 4) arrange for any follow -up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity 5.0 National Historic Preservation Act — The Act 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), Executive 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). 6.0 Human Research Subjects - Subrecipient agrees to comply with the requirements of 28 C.F.R. § 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. 7.0 Trafficking in Persons - The subrecipient must comply with applicable requirements pertaining to prohibited conduct relating to the trafficking of persons, whether on the part of recipients, subrecipients or individuals defined as "employees" of the subrecipient. The details of the recipient and subrecipient obligations related to prohibited conduct related to trafficking in persons are incorporated by reference and posted at www.oio.gov/ funding / Explore/ ProhibitedConduct- Traffickinq.htm. 8.0 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 recipient to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Recipient shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: www.it.oip.gov /qsp qrantcondition. Recipient 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. 9.0 Disclosures 9.1 Conflict of Interest - The subrecipient 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. Subrecipients must disclose in writing any potential conflict of interest to FDLE (the non - federal pass- through entity). 9.2 Violations of Criminal Law - The subrecipient and implementing agency must disclose all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting the sub award. 9.3 Sanctuary Cities - The subrecipient and implementing agency must certify compliance with 8 U.S.C. § 1373. The subrecipient and implementing agency must agree to notifing FDLE (the non - federal pass - through entity) in writing of any potential violations of 8 U.S.C. § 1373. SFY2017 JAG Standard Conditions Page 21 of 23 Rev. 09/2016 10.0 Uniform Relocation Assistance and Real Property Acquisitions Act - The subrecipient 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 governs the treatment of persons displaced as a result of federal and federally- assisted programs. 11.0 Limitations on Government Employees Financed by Federal Assistance - The subrecipient 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. 12.0 Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct - The subrecipient must promptly refer to DOJ Office of Inspector General (OIG) and 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 claim for grant funds that violates 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. 13.0 Restrictions and certifications regarding non - disclosure agreements and related matters - Subrecipients or contracts /subcontracts under this award may not require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits, restricts or purports to prohibit or restrict, the reporting of waste, fraud or abuse in accordance with law, to an investigative or law enforcement representative of a state or federal department or agency authorized to receive such information. The subrecipient certifies that if is informed or notified if any subrecipient, or contractor /subcontractor has been requiring their employees to execute agreements or statements that prohibit the reporting of fraud, waste, or abuse that it will immediately cease all further obligations of award funds to the entity and will immediately notify the awarding agency. The subrecipient will not resume obligations until expressively authorized to do so from the awarding agency. 14.0 Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable - Subrecipient 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. 15.0 Text Messaging While Driving - Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving ", 74 Fed. Reg. 51225 (October 1, 2009), and § 316.305, Fla. Stat.., the subrecipient 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 subaward and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 16.0 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. In addition, funds may not be used for purchase of DNA equipment and supplies when the resulting DNA profiles from such technology are not accepted for entry into CODIS (the National DNA Database operated by the FBI). 17.0 Environmental Requirements and Energy - For subawards in excess of $100,000, the subrecipient must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. § 1857(h)), section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 C.F.R. § 15). The subrecipient must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), if any. 18.0 Other Federal Funds - The subrecipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this award, and those awards have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this award, the subrecipient will promptly notify, in writing the grant manager for this award, and, if so requested by OCJG seek a budget modification or change of project scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. SFY2017 JAG Standard Conditions Page 22 of 23 Rev. 09/2016 19.0 Compliance with 41 U.S.0 § 4712 - The subrecipient must comply with all applicable provision of 41 U.S.C. § 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, gross waste of federal funds, and abuse of authority relating to a federal grant, a substantial or specific danger to public health or safety, or a violation of law, rule or regulation related to a federal grant. SFY2017 JAG Standard Conditions Page 23 of 23 Rev. 09/2016 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: Heather Carruthers Title: Mayor Address: 530 Whitehead Street City: Key West State: FL Zip: 33040 -6547 Phone: 305 - 292 -3430 Ext: Fax: 305 - 292 -3577 Email: carruthers- heather @monroecounty-fl.gov Chief Financial Officer Name: Amy Heavilin Title: Clerk of Court Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 -3110 Phone: 305 - 295 -3130 Ext: Fax: Email: aheavilin @monroe - clerk.com Application Ref # 2017 -JAGC -3047 Section #1 Page 1 of 2 Contract 2017- JAGC - MONR -1 -F9 -075 Rule Reference 11D-9 006 OCJG -005 (rev. October 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: Heather Carruthers Title: Mayor Address: 530 Whitehead Street City: Key West State: FL Zip: 33040 -6547 Phone: 305 - 292 -3430 Ext: Fax: 305 - 292 -3577 Email: carruthers- heather @monroecounty-fl.gov Project Director Name: Janet Herbener Title: Senior Grants and Finance Analyst Address: 1100 Simonton Street Room 2 -213 City: Key West State: FL Zip: 33040 -3110 Phone: 305 - 292 -4470 Ext: Fax: 305 - 292 -4515 Email: Herbener- Janet @monroecounty-fl.gov Application Ref # 2017 -JAGC -3047 Section #1 Page 2 of 2 Contract 2017- JAGC - MONR -1 -F9 -075 Rule Reference 11D-9 006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide tii - VIl���i �� .�� Iwa�Sezr x u mr i n General Project Information Project Title: WOMEN'S JAIL INCARCERATION DRUG ABUSE TREATMENT PROGRAM Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2016 End Date: 9/30/2017 Problem Identification South Florida, including Monroe County and the Florida Keys, continues to have the unfortunate distinction of being designated as a high - intensity drug trafficking area and, as such, is a leading illicit drug importation area. This has increased the availability of illicit drugs in Monroe County resulting in drug abuse rates higher than both the state and national averages. Specifically, in regards to the female population of Monroe County which is the population of focus for this grant request, the latest Behavioral Risk Factor Surveillance Survey compiled by the Florida Department of Health reports rates of drug involvement as over twice that of the state average and four times that of the much larger Miami -Dade County to the north. The Agency for Healthcare Administration in its Emergency Department and Inpatient Hospitalization Data of 2011 publication indicates that female residents of our county had over twice the state rate per 100,000 populations for emergency room treatment for acute drug intoxication. In addition, Monroe has over twice the state average for DUI arrests and, consequently, almost three times the state average for vehicular deaths involving drug use. Opioid and crack cocaine addiction also continues to ravage the community and lead addicts quickly into the criminal justice system. The GAINS Center estimates that US jails admit approximately 1.1 million people with serious mental illness annually and among these admissions, 72% also meet criteria for co- occurring substance use disorders. Monroe County Sheriffs Department reports that between January 2012 and March 2015, there were over 3,000 females who were rearrested for substance related crimes. For many drug involved women, the obsession surrounding use and attainment of illicit and legal drugs of abuse often lead to legal involvement, criminal conduct, neglect of family and self, and ultimately incarceration. In addition; the destruction of parent -child relationships, increased domestic violence, increased crime, child abuse and neglect, foster care placement, divorce, stress on the legal and medical systems of a county with very limited resources, and global negative effects on our communities and quality of life are also directly affected. Recognizing the significant need for appropriate treatment among greater numbers of incarcerated women whose level of drug involvement is such that they would not benefit from available outpatient treatment, the Guidance /Care Center along with the Monroe County Sheriffs Office created the Jail In -House Drug Treatment Program located within the Monroe County Detention Center in 1992. It remains today as one of the few such programs operated within a county jail in Florida and the only opportunity for women to receive intensive drug abuse treatment within Monroe County. Moreover, these women are able to get treatment quickly instead of being one of the 66% of substance abusing Florida residents who desire help but are unable to access treatment due to Florida's lengthy waiting list for substance abuse services as reported by the Florida Department of Children and Families. Increasingly, the behavioral health field is moving toward integrated care, which means recognizing that substance abuse also goes hand in hand with a mental illness and primary care needs. Through the use of evidence -based practices and curriculums, the program has been able to reduce its mean 6 -year Application Ref # 2017 -JAGC -3047 Section #2 Page 1 of 5 Contract 2017- JAGC -MON R -1 -F9 -075 Rule Reference 11D-9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide recidivism percentage from 20.7% to 7% in the last 12 months. Further, there has only been one rearrests in the past 18 months of those women who graduated the program. The program has a very close relationship with county judges, attorneys, and the administration and staff of the Monroe County Detention Center as well as city and county authorities. Women who complete treatment are often granted early release from incarceration to return to their families and begin rebuilding their lives and the lives of their loved ones thereby saving the county the expense of their continued detainment. Skills attained within the context of treatment increases the chances of sustained recovery, healthier family and other personal relationships, healthier children, and safer communities. No Program Generated Income will be from this subaward. This award is a continuation (2016 - JAGC - MONR -1 -H3 -184) from the previous year. Project Summary (Scope of Work) In 1997, The Jail In -House Program (JIP), as it was initially named, was developed in the Monroe County Detention Center and began providing substance abuse treatment services to county inmates in order to lay the foundation for sustained recovery. The majority of clients are court ordered by the Drug Court, Circuit Court and County Court Judges in Monroe County. Others enter the program as volunteers who have met the criteria for drug /alcohol treatment and will be in the county jail a minimum of 182 days. The program has established a positive reputation county wide, working closely with judges, prosecutors and defense attorneys throughout the county. DCF and CARF accreditation audits for the past six years reported that this program meets or exceeds Best Practice standards with 100% compliance. This year's funding will allow services to continue for this population in the detention center. In May 2010, the Commission on Accreditation of Rehabilitative Facilities (CARF) evaluated the JIP program for accreditation the process of which, has strengthened assessment and treatment. The program received renewed three -year accreditation in June 2016 and met the highest CARF standards and received recognition for its positive relationships between correctional staff and treatment/clinical staff. The agency has submitted its 2016 Annual Conformance to Quality Reports to CARF and continues to meet the highest accreditation standards. Client - centered individualized treatment plans tailored to the needs of women are a cornerstone of gender- responsive treatment. After developing these plans in partnership with the program participant, treatment plan reviews, and case management services to provide community continue to refine the plan. The assessment at enrollment provides a comprehensive picture of client needs and assists in developing a person- centered Wellness Plan that is updated with the participant every 30 days. A licensed clinician also provides a Brief Behavioral Status Exam upon admission to diagnose and make appropriate recommendations. Admission policies are welcoming to individuals with co- occurring disorders, learning disabilities, and illiteracy, as well as other special individualized needs. This allows access for all who probably otherwise would not receive services. If identified as having a possible mental health issue, the client receives a referral to an Armor Correctional psychiatrist as well as participating in services to address the substance use disorder, trauma specific treatment and criminal thinking. Treatment of mental illness is monitored by program staff as a vital part of recovery from substance abuse. Participants are given appointments with the Guidance /Care Center psychiatrist upon completion of the program and are assigned a case manager to help them with appointments, treatment adherence, accessing of community services and medication assistance. Psychotropic medications are provided with a discount or free of charge to participants who cannot afford their medications or who lack insurance coverage. The Application Ref # 2017 -JAGC -3047 Section #2 Page 2 of 5 Contract 2017 - JAGC - MONR -1 -F9 -075 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide case manager helps the client apply for Medicaid or Affordable Health Care upon discharge from the program. JAG funding will continue to pay for treatment in the program which is a minimum of six months and a maximum of one year. Aftercare services are encouraged as a part of re -entry planning and last up to six months once the participant is released. The Guidance /Care Center provides aftercare throughout the county in community -based facilities. Aftercare is given priority and participants are enrolled before they are released. These services are not funded by the grant and are available to all participants regardless of ability to pay. The Guidance /Care Center employs the program staff and has a 43 -year history of providing behavioral health services. The program will require 1 full time counselor to provide all core program services to no less than 30 women for the one -year grant period and a clinical supervisor. Administrative support to conduct regular case staffing, provide services, collect and report data, and monitor program outcomes will be billed at .25 FTE. Program services will be delivered using several evidence based practices including a Cognitive Behavioral Therapy (CBT) based curriculum. Additionally, Moral Reconation Therapy, another systematic treatment strategy that seeks to decrease recidivism among criminal offenders by increasing moral reasoning is included. Throughout the treatment episode participants use a client workbook that belongs to them. Treatment in the correctional setting will incorporate trauma- informed and gender- responsive treatment through the use of the evidenced -based "Seeking Safety" treatment model that incorporates treatment of PTSD into traditional treatment of substance use disorders. Seeking Safety offers 25 treatment topics, each with a clinician guide and client handouts and four combination topics. These relational models support the development of healthy relationships with self, significant others, and the community at large in order to reduce the risk of relapse and recidivism. Staff will use individual and group formats to deliver core services. Relapse Prevention Therapy incorporates Motivational Interviewing to facilitate movement through the stages of change, and helps participants develop real life tools to cope with relapse triggers. Additionally, there is a curriculum taught in Anger Management. Together, these five curriculum models have served to strengthen the efficacy of the program and have lowered the rate of drop -out in the program and recidivism. The program staff, in conjunction with the corrections staff, conduct random drug testing on all participants and positive tests can result in 30 days in lock -up and a return to court for judicial review of the case. Tests used are a 10 panel dip stick testing for amphetamine, benzodiazepines, cocaine, opiates, synthetic opiates, THC, PCP, barbiturates, MDMA and methadone. These tests also include adulteration and temperature strips to ensure the sample has not been tampered or masked. Comprehensive treatment components of this program include: Education about addiction and the consequences of criminal behavior; Anger and emotional control; Teaching and learning about healthy ways of thinking, feeling, and acting in an atmosphere of mutual respect; Trauma - informed care and treatment to include sexual abuse and domestic violence; Emphasis on physical and emotional wellness; Learning, developing, and practicing positive coping skills; Developing and implementing a realistic and hopeful life plan; Continuum of care supports; Connecting and coordinating aftercare in the community and though 12- step /support group involvement; and Discharge with transition planning. Deliverables for this grant are the specific services provided including assessment, individual therapy, group therapy and case management. Each client has a clinical chart that includes the assessment, treatment plan, and each service provided. Progress as well as how the service is connected to the individual treatment plan is indicated on each note. Each month GCC will submit the summary of events by unit to Monroe County as Application Ref # 2017 -JAGC -3047 Section #2 Page 3 of 5 Contract 2017 - JAGC - MONR -1 -F9 -075 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide documentation for the deliverables of this grant. The treatment provider will invoice monthly for services provided. The deliverable for this agreement is the quarterly performance of the tasks and activities described in the scope of work in accordance with the contractual agreement between the County and the service provider. Application Ref # 2017 -JAGC -3047 Section #2 Page 4 of 5 Contract 2017- JAGC -MON R -1 -F9 -075 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide 4,000_2:'PrdieotOverviiaw Section Questions: Question: What percentage of the total cost of this project is being funded by sources other than this award? Answer: 62 Question: What is the name of the jurisdiction(s) your agency provides service to. (e.g., City of Miami, Orange County, State of Florida) Answer: Monroe County Question: What is the address of the location being used to provide services for this project? Answer: 5501 College Road Key West, FL 33040 Question: Describe your agency. (e.g., non - profit, community based, government) Answer: Local government Question: Have you verified that the subgrantee has an active and current registration in SAM.gov? Answer: Yes Question: What is the Operating Capital Outlay threshold used by the subgrantee? If the implementing agency is a sheriffs office, indicate the sheriffs office's threshold instead. Answer: N/A Question: Does the subgrantee receive a single grant in the amount of $750,000 or more from the U.S. Department of Justice? Answer: No Question: Does the implementing agency receive a single grant in the amount of $750,000 or more from the U.S. Department of Justice? Answer: No Question: In your organization's preceding completed fiscal year, did your organization (the subgrantee) receive at least (a) 80 percent or (b) $25,000,000 of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and /or cooperative agreements? Answer: Yes Question: If you answered yes above, does the public have access to information about the compensation of the executives in your 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: Yes Question: What is the combined population of the jurisdiction(s) your agency provides services to (according to the 2010 census)? Answer: 73090 Application Ref # 2017 -JAGC -3047 Section #2 Page 5 of 5 Contract 2017- JAGC -MON R -1 -F9 -075 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide f v y 3 � General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 07 - Corrections State Purpose Area: 1G - General Questions Objectives and Measures Objective: General Questions - General Questions for All Recipients Measure: General 01 Will your organization be using the crimesolutions.gov website during the grant period regardless of JAG funding? Crimesolutions.gov provides information on several crime reduction and prevention programs and practices. Goal: No Measure: General 02 Will your organization be using the The National Training and Technical Assistance Center (NTTAC) during the grant period, regardless of JAG funding? The NTTAC serves as BJA's training and technical assistance center. You can find resources, tools, webinars, and TTA support on a variety of criminal justice issues and initiatives. Goal: No Measure: General 03 Will your organization be using the NCJP.org website during the grant period, regardless of JAG funding? NCJP.org contains resources to support strategic planning, program development, and implementation of evidence -based policy and practice. Goal: No Measure: General 04 Will your organization be using the Evidence -Based Policing Matrix during the grant period regardless of JAG funding? The Evidence -Based Policing Matrix provides information on evidence -based practices for law enforcement. Goal: No Measure: General 05 Will your organization be using the What Works in Reentry Clearinghouse during the grant period regardless of JAG funding? The clearinghouse provides research on the effectiveness of reentry programs and practices. Goal: No Measure: General 06 Application Ref # 2017 -JAGC -3047 Section #3 Page 1 of 7 Contract 2017 - JAGC - MONR -1 -F9 -075 Rule Reference 11D-9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Will your organization be using Research to Practice during the grant period regardless of JAG funding? Research to Practice promotes the dissemination of research on drug courts to practitioners and policymakers. Goal: No Measure: General 07 Will your organization be using any other resources during the grant period regardless of JAG funding? If yes, please describe them. Goal: No. Measure: General 08 During the grant period, will your agency conduct or sponsor (with or without JAG funds) a survey or focus group of citizens on any of the following topics? Enter all that apply from the following list: Public satisfaction with police services; public satisfaction with prosecution services; public satisfaction with public defender /indigent defense services; public satisfaction with courts; public perceptions of crime /disorder problems; personal crime experiences of citizens; none of the above; unsure /don't know. Goal: None of the above. Measure: General 09 During the grant period, which of the following community activities will your organization be involved in, with or without JAG funds and how often will they each occur (yearly, monthly, etc.)? Choose from the following list: Hosting community meetings; attending community meetings; distributing a newsletter, e-mail, or other bulletin; attending community events; conducting social media activities; conducting outreach to minority populations; other (please describe) Goal: Attend community meetings (suicide prevention taskforce, substance abuse planning meeting). Measure: General 10 Law Enforcement Agencies ONLY: In which of the following ways has your agency fostered community involvement in the last year? Enter all that apply from the following list: Citizen Review Board or other review board with citizen representation, Citizen's Police Academy, Internships for university or high school students, Volunteer Program, Auxiliary police officer program, Police Cadet Program, k -12 school programs, Youth Athletic Programs, Other (please Describe), None of the above, Unsure /Don't know. Goal: Not applicable. Measure: General 11 Identify the goal(s) you hope to achieve with your funding. If you have multiple goals, describe each goal separately. Application Ref # 2017 -JAGC -3047 Section #3 Page 2 of 7 Contract 2017 - JAGC - MONR -1 -F9 -075 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Goal: Educate participants about substance abuse and the relationship to criminal thinking and behavior, assist participants in developing healthy coping skills and support networks, reduce recidivism due to substance use related crimes. Measure: General 12 Are the subrecipient and implementing agency aware that they will be required to report on the status of the identified goals during each reporting period? Goal: Yes Measure: General 13 Describe any barriers you may encounter which may prevent you from achieving your identified goal(s). Goal: Barriers have typically involved courts ordering individuals into the program who cannot complete the 6 months of required programming due to jail release. Measure: General 14 Are you aware that the Office of Criminal Justice Grants encourages recipients to report on any noteworthy accomplishments, success stories, or program results that they would like to showcase? Goal: Yes Measure: General 11 b What major activities are planned for each of your goals listed in question 11? Goal: Group and Individual Therapy using Cognitive Behavioral Therapy, Seeking Safety, Relapse Prevention, Moral Reconation Therapy (MRT). 5,040 (6 to 8 hours per week for each participant for 24 weeks). Services include assessment, individual therapy, group therapy and case management. State Purpose Area: 5C - Consultants /Contracts Objectives and Measures Objective: Consultants /Contracts - Questions for all recipients using consultants /contracts. Measure: Consultants) Please describe what consultants /contracts will be paid for with JAG funds during the grant period. Include names, titles and areas of expertise where applicable. Goal: Monroe County will enter into an agreement with the service provider, Guidance /Care Center. Application Ref # 2017 -JAGC -3047 Section #3 Page 3 of 7 Contract 2017 - JAGC - MONR -1 -F9 -075 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide State Purpose Area: R25 - Questions for recipients of an award $25,000 or more. Objectives and Measures Objective: C Program - Project specific corrections questions for recipients of an award $25,000 or more. Measure: C12 During the grant period, will you have a specific corrections program which will be partially or fully funded by JAG? If yes, what is the name of this program? (Programs are considered continuous initiatives, processes, or other focused efforts defined by goals. If you will operate more than one program, answer for each separately. Goal: 1 Measure: C13 If you will operate a corrections program with JAG funds during the grant period, what is the name of the facility /facilities where the program is operating? If this is a state -wide initiative, please enter "state wide ". If you will operate more than one program, answer for each separately. Goal: N/A Measure: C14 If you will operate a corrections program with JAG funds during the grant period, what percentage of the program's total costs will be paid for with sources other than this JAG award? If you will operate more than one program, answer for each separately. Goal: 62% Measure: C15 If you will operate a corrections program with JAG funds during the grant period, what is the initiation year of that program, regardless of when it received JAG funding? If you will operate more than one program, answer for each separately. Goal: 1997 Measure: C16 Describe the population that your JAG funded corrections program serves (e.g., violent offenders, sex offenders, drug offenders). If you will operate more than one program, answer for each separately. Goal: Women in need of substance abuse treatment. Measure: C17 Are you or a partner planning or conducting an evaluation of your corrections program? If you will operate more than one program, answer for each separately. Application Ref # 2017 -JAGC -3047 Section #3 Page 4 of 7 Contract 2017 - JAGC - MONR -1 -F9 -075 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide :-, Goal: Yes Measure: C18 If you or a partner are planning or conducting an evaluation of your corrections program, describe the current status of the evaluation, its purpose, who is conducting the evaluation and the evaluation results if applicable. If you will operate more than one program being evaluated, answer for each separately. Goal: Our agency has a performance improvement plan that evaluates programming and outcomes. Evaluation data is compiled through WestCare and includes fidelity on evidence based programs, outcome measures for Seeking Safety and satisfaction surveys. Measure: C19 What is the capacity of your program? This is the maximum number of participants your program can accommodate an any given time. If you will operate more than one program, answer for each separately. Goal: 35 Measure: C20 What is the policy /practice on how people get off the waiting list and enter your program? If you will operate more than one program, answer for each separately. Goal: There is no wait list for this program. Intake flow occurs through court orders. Measure: C21 What corrections and /or reentry services will you provide during the grant period? If you will operate more than one program, answer for each separately. Choose all that apply from the following list: Cognitive based, Educational, Employment, Healthcare /Medicaid eligibility, Housing, Mental Health, Pro - social, Substance abuse, Transportation, Vocational, Individualized case planning, Family engagement, Other (please describe). Goal: Cognitive based, educational, healthcare /medicaid eligibility, housing, mental health, pro - social, substance abuse, individualized case planning, trauma specific services. Measure: C22 How many JAG - funded staff members are involved in the program? If you will operate more than one program, answer for each separately. Goal: Three (3) direct staff totaling .8241 FTEs. Measure: C23 How many non JAG - funded staff members are involved in the program? If you will operate more than one program, answer for each separately. Application Ref # 2017 -JAGC -3047 Section #3 Page 5 of 7 Contract 2017- JAGC -MON R -1 -F9 -075 Rule Reference 11D-9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Goal: Two (2) direct staff totaling .3 FTEs and three (3) non - direct staff totaling .052 FTEs. Measure: C24 Regardless of JAG funding, how many total participants are currently enrolled in your corrections program? If you operated more than one program, answer for each separately. Goal: 11 Measure: C25 Regardless of JAG funding, approximately how many candidates will be screened for eligibility for your corrections program during the grant period? Candidates are those identified at the time of arrest or referred by criminal justice professionals but who may not necessarily be deemed eligible for participation. If you will operate more than one program, answer for each separately. Goal: Candidates are not screened by program staff. Minimum requirements of incarceration for 6 months and women in need of substance abuse treatment. Attorneys work with their clients to determine if they would like to participate then work with the state's attorney for plea and court order. Measure: C26 Regardless of JAG funding, approximately how many new participants will receive services for the first time during the grant period? If you will operate more than one program, answer for each separately. Goal: 30 Measure: C27 Regardless of JAG funding, approximately how many participants will successfully complete all corrections program requirements during the grant period? If you will operate more than one program, answer for each separately. Goal: 28 Measure: C28 Regardless of JAG funding, approximately how many participants will not complete the corrections program (unsuccessfully exited) for any reason during the grant period? If you will operate more than one program, answer for each separately. Goal: 2 Measure: C29 Are you aware that you will be required to complete the corrections questionnaire and submit it to your grant manager alongside each performance report. Application Ref # 2017 -JAGC -3047 Section #3 Page 6 of 7 Contract 2017 - JAGC - MONR -1 -F9 -075 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) 3 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Goal: Yes Application Ref # 2017 -JAGC -3047 Section #3 Page 7 of 7 Contract 2017- JAGC -MON R -1 -F9 -075 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency ?: No FLAIR / Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $37,000.00 $0.00 $37,000.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $37,000.00 $0.00 $37,000.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2017 -JAGC -3047 Section #4 Page 1 of 4 Contract 2017 - JAGC - MONR -1 -F9 -075 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative: Budget Detail Expenses: Contractual Services: 1) Assessments 79 quarter hours @ $17.71 = $1,399 2)Individual Therapy 384 quarter hours @ $20.33 = $7,806 3)Group Therapy 3,042 quarter hours @ $5.08 = $15,453 4)Case Management 652 quarter hrs @ $18.93 = $12,342 Total Contractual Services = $37,000 Grand Total Budget = $37,000 Overall Budget Narrative: The budget reflects costs directly associated with the provision of substance abuse treatment, mental health and educational services to inmates of Monroe County jail. The unit cost rates were derived by using the hourly rates from the FY 2016 -17 state funding contract for Substance Abuse and Mental Health services with Guidance Care Center and dividing by four (4) to arrive at the quarter hour rates. A contract with the treatment provider will be developed to be utilized during the established grant period. 1) Psychosocial Assessment: Monroe County through a contracted treatment provider will interview all program participants for the purposes of data collection of educational, employment, criminal, medical, family, substance abuse and mental health histories to assist in the determination of the inmates appropriateness for the program and to update treatment plans. Psychosocial Assessment Unit of Service: Client direct service quarter hour Unit Rate $17.71 Units Requested 79 quarter hours to be paid for by this grant. Psychosocial Assessment Total Cost = $1,399 2) Individual Therapy /Counseling: Monroe County through its contracted treatment provider will provide counseling to all program participants to review progress and develop treatment plans and work on treatment plan goals and objectives. Individual Therapy /Counseling Unit of Service: Client direct service quarter hour: Unit Rate $20.33 Units Requested 384 quarter hours to be paid for by this grant. Individual Counseling Total Cost = $7,806 3) Group Therapy: Monroe County through its contracted treatment provider will provide group therapy to all program participants weekly. Group counseling among program participants will be conducted to include the introduction of "Self -help groups" and their attendance to establish an ongoing support network. Group Therapy Unit of Service: Client direct service quarter hour Unit Rate $5.08 Application Ref # 2017 -JAGC -3047 Section #4 Page 2 of 4 Contract 2017 - JAGC - MONR -1 -F9 -075 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative (Continued): Units Requested 3,042 quarter hours to be paid for by this grant. Group Therapy Total Costs = $15,453 4) Case Management: Monroe County through its contracted treatment provider will provide the coordination of adjunctive services, discharge planning, communication with collateral contacts, linkage with other treatment resources to all program participants. Case Management Unit of Service: Client direct service quarter hour Unit Rate $18.93 Units Requested 652 quarter hours to be paid for by this grant. Case Management Total Cost = $12,342 Monthly invoices are provided to Monroe County by the treatment provider summarizing activities for which they seek payment. These are reviewed by Monroe County staff for approval of payment. GRAND TOTAL 2016 -2017 WOMEN'S JAIL INCARCERATION DRUG ABUSE TREATMENT PROGRAM = $37,000.00 Any overages will be paid by Monroe County. Application Ref # 2017 -JAGC -3047 Section #4 Page 3 of 4 Contract 2017- JAGC -MON R -1 -F9 -075 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: If the budget contains salaries and benefits, will this project result in a net personnel increase, or continue to fund a prior federally grant funded net personnel increase? Answer: No Question: If Expenses or Operating Capital Outlay are included in your budget, what will be the method of procurement for those items? (e.g., competitive bid, sole source, state term contract) Answer: Not Applicable. Question: If indirect cost is included, explain the indirect cost plan. Provide documentation of approval. Answer: Not Applicable. Question: If contractual services in the budget are based on unit costs, provide a definition and breakdown of cost for each service. Include the methodology for the unit cost plan and when it was approved. Answer: The budget reflects costs directly associated with the provision of substance abuse treatment, mental health and educational services to inmates of Monroe County jail. The unit cost rates were derived by using the hourly rates from the FY 2016 -17 state funding contract for Substance Abuse and Mental Health services with the Guidance /Care Center and dividing by four (4) to arrive at the quarter hour rates. A contract with the treatment provider will be developed to be utilized during the established grant period. Contract ME225 -7 -27 with South Florida Behavioral Health Network and Guidance /Care Center was fully executed 7/18/16. Application Ref # 2017 -JAGC -3047 Section #4 Page 4 of 4 Contract 2017 - JAGC- MONR -1 -F9 -075 Rule Reference 11 D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section 5: Standard Conditions Insert Standard Conditions Page here. Application Ref# 2017-JAGC-3047 Section#5 Page 1 of 1 Contract 2017-JAGC-MONR-1-F9-075 Rule Reference 11 D-9.006 OCJG-005(rev.October 2005) 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: Typed Name and Title: Petrina T.Herring,Bureau Chief Date: 1 6/ OSialt0 Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Re i ient: onroe County Board of County Commissioners Signature: Typed Name and Title: Heat er rruthers,Mayor Date: August 24,20 6 Implementing Agency Official, Administrator or Designated Representative Typed Name of Implementing ;'en y: Monroe County Board of County Commissioners Signature: / '/ Typed Name and Title: Heath Car thers Ma or Date: August 24,20 . Application Ref# 2017-JAGC-3047 Section#6 Page 1 of 1 Contract -JAGC-MONR--- Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section 7: Insert Certifications and Authorizations here. Application Ref# 2017-JAGC-3047 Section#7 Page 1 of 1 Contract 2017-JAGC-MONR-1-F9-075 Rule Reference 11 D-9.006 OCJG-005(rev.October 2005) CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three. If recipient completes Section A or C and sub-grants a single award over 5500, 000, in addition, please complete Section D. Recipient's Name: Monroe County Board of County Commissioners Address: 1100 Simonton Street, Key West. FL 33040 Is agency a; o Direct or o Sub recipient of OJP, OVW or COPS funding? 1 Law Enforcement Agency? o Yes o No DUNS Number: 073876747 1 Vendor Number (only if direct recipient) Name and Title of Contact Person: i,aura del Loch- Hartle, Grants Administrator Telephone Number: 305- 292 -4482 1 E -Mail Address: deloachhartle - laura @monroecounty Section A— Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following bares that apply. o Less than fifty employees. n Indian Tribe o Medical Institution. o Nonprofit Organization a Educational Institution a Receiving a single award(s) less than $25,000. 1, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reasons) checked above, pursuant to 28 C.F.R § 42302. I further certify that [recipient] will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. If recipient sub grants a single award over L500,000, in addition, please complete Section D Print or 7)pe Name and Ttle SI,rature 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 fifty or more employees and is receiving a single award or, subaward, of 325,000 or more, but less than 5500.000. then the recipient agency does not have to submit an EEOP to the OCR for review as long as it certifies the following (42 C.F.R § 42.305): 1, Heather Carruthers, Mayor [responsible official], certify that Monroe County Board of County Commissioners [recipient], which has fifty or more employees and is receiving a single award or subaward for 825,000 or more, but less than 8500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Ri ts, Office of Justice Programs U.S. De artmen of Justice. The EEOP is on file at the following office: Calvin en, EEO Officer, Monroe County B oard of County Commissioners [organization], 1100 Simonton Street, Key West, FL 33040 -3110 [address]. Heather Carruthers, Mayor August 24, 2016 Print or Type Name and Title grnature Date Section C— Declaration Stating that an E P Sh rt F Has Been Submitted to the Office for Civil Rights for Review If a recipient agency has fifty or more employees and is receiving a single award, or subaward of $500,000 or more, then the recipient agency must send an EEOP Short Form to the OCR for review. 1 , [responsible official], certify that [recipient], which has fifty or more employees and is receiving a single award of $500,000 or more, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on _ [date] to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. If recipient sub- grants a single award over 5500, 000, in addition, please complete Section D Print or Type Name and Title Signature Doe Section D— Declaration Stating that Recipient Subawards a Single Award Over $500,000 If a recipient agency, subawards a single award of $500, 000 or more then the granting agency should provide a list, including, name, address and DUNS 4 of each such sub- recipient Sub- Recipient Agency Name /Address Sub - Recipient DUNS Number r if additional space in necessary, please duplicate this page. OMB Control No. 1121-0340 Expimuon Date 12/31/2015 INSTRUCTIONS Completing the Certification Form Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements The federal regulations implementing the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, require some recipients of financial assistance from the U.S. Department of Justice subject to the statute's administrative provisions to create, keep on file, submit to the Office for Civil Rights (OCR) at the Office ofJustice Programs (OJP) for review, and implement an Equal Employment Opportunity Plan (EEOP). See 28 C.F.R. pt. 42, subpt. E. All awards from the Office of Community Oriented Policing Services (COPS) are subject to the EEOP requirements; many awards from OJP, including awards from the Bureau ofJustice Assistance (BJA), the Office of Juvenile Justice and Delinquency Prevention (OJJDP), and the Office for Victims of Crime (OVC) are subject to the EEOP requirements; and many awards from the Office on Violence Against Women (OVW) are also subject to the EEOP requirements. If you have any questions as to whether your award from the U.S. Department ofJustice is subject to the Safe Streets Act's EEOP requirements, please consult your grant award document, your program manager, or the OCR. Recipients should complete either Section A or Section B or Section C, not all three. If recipient completes Section A or C and sub - grants a single award over $500,000, in addition, please complete Section D. Section A The regulations exempt some recipients from all of the EEOP requirements. Your organization may claim an exemption from all of the EEOP requirements if it meets any of the following criteria: it is a nonprofit organization, an educational institution, a medical institution, or an Indian tribe; or it received an award under $25,000; or it has less than fifty employees. To claim the complete exemption from the EEOP requirements, complete Section A. Section B Although the regulations require some recipients to create, maintain on file, and implement an EEOP, the regulations allow some recipients to forego submitting the EEOP to the OCR for review. Recipients that (1) are a unit of state or local government, an agency of state or local government, or a private business; and (2) have fifty or more employees; and (3) have received a single grant award of $25,000 or more, but less than $500,000, may claim the limited exemption from the submission requirement by completing Section B. In completing Section B, the recipient should note that the EEOP on file has been prepared within twenty-four months of the date of the most recent grant award. Section C Recipients that (1) are a unit of state or local government, an agency of state or local government, or a private business, and (2) have fifty or more employees, and (3) have received a single grant award of $500,000 or more, must prepare, maintain on file, submit to the OCR for review, and implement an EEOP. Recipients that have submitted an EEOP Utilization Report (or in the process of submitting one) to the OCR, should complete Section C. Section D Recipients that (1) receive a single award over $500,000; and (2) subaward a single award of $500,000 or more must provide a list; including, name, address and DUNS # of each such sub - recipient by completing Section D. Submission Process Recipients should download the online Certification Form, complete required sections, have the appropriate official sign it, electronically scan the signed document, and then send the signed document to the following e-mail address: EEOPForms @usdoj.gov. The document must have the following tide: EEOP Certification. If you have questions about completing or submitting the Certification Form, please contact the Office for Civil Rights, Office ofJustice Programs, 810 7th Street, NW, Washington, DC 20531 (Telephone: (202) 307 -0690 and TTY: (202) 307 - 2027). OMB Approval No. 1121 -0340 Expiration Date 12/31/15 Public Reporting Burden Statement Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a current valid OMB control number. We try to create forms and instructions that are accurate, can be easily understood, and which impose the least possible burden on you to provide us with information. The estimated minimum average time to complete and file this application is 20 minutes per form. if you have any comments regarding the accuracy of this estimate, or suggestions for making this form simpler, you can write to the Office of Justice Programs, 810 7th Street, N.W., Washington, D.C. 20531. CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, New Restrictions on Lobbying' and 28 CFR Part 67, 'Govemment -wide Debarment and Suspension (Non - procurement) and Govemment -wide Requirements for Drug -Free Workplace ( Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. (b) Have not within a 1. LOBBYING been convicted of or had a three-year Period preceding this judgement napplication te judgement rendered against them for commission of baud or a criminal offense in connection with As required by Section 1352, We 31 of the U.S. Code and imdeme red at 20 obtaining. attempting to obtain, or performing a public (Federal, Stab, CFR Part 09, for persons enterktg into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation u>i 5 100 000, as defined al 28 CFR Part 89, the applicant COMM that Federal or State artitnnt statutes or oorrrnission of embezzlement theft forgery. brbey, falsification or destruction of records, making (1) No federal appropriated funds have been paid or will be pair, by or on behalf false statements, or receiving stolen property; of the undersigned. to any person for inf or attempting to Mince an officer or employee of any agency, a member of Congress, an officer or employee (e) Are not pressnty indicted for or otherwise criminally or civilly of Congress, or en employee of a Member of Congress in connection with the charged by a governmental entity (Federal. State, or local) with making of any federal grant, the entering into of any cooperative agreement, and commission of any of the offenses enumerated in paragraph (1) (b) d the extension, continuation, renewal, amendment or modification of any federal this certification; and grant or coaperatve agreement: (d) Have not within a tree -year period preceding this appllcatbn (b) if any funds other than federal appropriated funds have been paid or wit be had one or more public transactions (Federal, State, or loaf) paid b any person fnfluendng or attempting to influence an officer or employes of tenrinated for cause or default; and any agency. a member of Congress. an officer or an employee of Congress, or an employee of a member of Congress in connection with this federal grant or S. Were the applicant is unable to certify to any of the statements in cooperative agreement, the undersigned shelf complete and submit Standard this certification, he or she shall attach an explanation to fhb Form - LLL.'Dlsclosum of Lobbying Activities', in accordance with its instructions; application, (c) The undersigned snap require that the language of this dedication be knduded in the award documents for ant 'Onwards at ale here (Including subgrents. 3. DRUG - FREE WORKPLACE contracts under grata and cooperative agreements, and subcontracts) and that all (GRANTEES OTHER THAN INDIVIDUALS) subrecipients shall certify and disclose aemrdkngly. As required by the Drug-Fns workplace Act of 1968. and 2. DEBARMENT, SUSPENSION, AND OTHER at 28 CFR Part 67 CF Sections 67 615 and 67 F, for 020.8 u defined RESPONSIBIUTY MATTERS (DIRECT RECIPIENT) A. The applicant certifies that 11 will or will continue to provide a dnxg- free workplace by: As required by Executive Order 12549, Debarment and Suspension, and knplemented at 20 CFR Part 67. for prospective petldpents in primary covered (a) Pubilshkng a statement notifying employees that the unlawful transactions, as defined at 26 CFR Part 67, Section 67.510. manufacture. distribution, dispensing. possession. or use of a controlled substance Is protfblsd in the grantee's workplace and A. The appliant certifies that it and its principals. specmiying to actions that will be taken against employees for violation of such prohibition; (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 (b) EstabKewig an on-going drug-free awareness program to inform voluntarily excluded nom covered transactions by any federal department or employees about- agency; (1) The dangers c1 drug abuse in the workplace; (2) The grantee's policy of maintaining a dng4ree workplace; (3) Any wadable drug courseMng, rehabilitation, and employee assistance programs; and (4) The penalties that may be imps upon employees for drug abuse violations occurring in the workplace FDLE JAG Grant Application Package Lobbying, Debarment , Suspension, and Onsg•Five Wade:e to CsRIAcatkn Page CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG -FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program (c) Makktg t * requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee In the statement required by paragraph (a) that as ■ condition of employment under the grant, the employee wilt. (1) Abide by the temps of the statement; and (2) Notify the employer in writing of his or her conviction fora violation of a Check here _ If there are workplaces on fib that are not identified aiminal drug stesrte occurring ki the workplace no later than foe calendar days here. after the conviction; Section 67130 of the regulations provides that a grantee that is a (e) Notifying the agency, in writing within 10 calendar days after receiving notice State may elect to make one certification in each Federal fiscal year under subparagraph (d) (2) from en employee or otwwfaa receiving actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must pnovk!. notice Department of Justice funding. States and State agencies may elect including position title. to: Department of Justice, Office of Justice Programs, b use OJP Fonn 4081/7. ATTN Control Desk 633 Indiana Avenue, N , Washington, D.C. 20531. Notice Check here _ If the State has elected to shoe kndude the identifatlon number(s) of each affected grant complete OJP Form 4061 /7. (1) Taking one of the following actions. within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee. up to and DRUG - FREE WORKPLACE including termination, consistent with the reghdrements of the Rehabilitation Act d (GRANTEES WHO ARE INDIVIDUALS) 1973, es amended; or As required by the Drug -Free Workplace Act of 1988, and (2) Requiring such employee to participate satisfactorily in a drug abuse implemented at 28 CFR Part 67, Subpart F. for grantees, es defined assistance or rehabilitation program approved for such purposes by a Federal, at 26 CFR Part 87; Sections 87.815 and 87 820 - Stab. or local health, law enforcement or other appropriate agency; A. Asa condition of the grant, I certify that I wll not engage In the (g) Making a good faith effort to continue to maintain a drug-free workplace unlawful manufacture, disblbuBon. dispensing, possession, or use of through knplamentelon 01 paragraphs (U. (b). (c). (d). (a). and ( a controlled substance in conducting any activity with the grant and II. The grantee may insert kn the space provided below the site(s) for the B. If convicted of a criminal drug offense resulting from a violation performance of work done in connection with the specific grant occurring during the conduct of any grant activity, I will report the conviction. In writing. within 10 calendar days of the conviction. b: Piece of Performance (Street address, city, county, state. zip code) Department of Justice. Office of Juetia Programs ATTN: Control Desk, 833 Indiana Avenue, N,W, Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Monroe County BOCC, 1100 Simonton Street. Key West. FL 33040 2. Project Name: Women's Jail Incarceration Drug Abuse Treatment Program 3. Typed Name and Title of Authorized Representative; Heather Carruthers, Mayor f 4. Signature: ' 5. Date: August 24, 2016 FOLE JAG Grant Application Package Lobbying, Debarment , Suspension, and Drug -Free Workplace Certification Page 2 ATTACHMENT C PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither k.tr -(Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. )r ii --------, (Signature) ii A ,ll ,/ Date: V r' J "! - 1 STATE OF: F117 VID COUNTY OF: IM 1/1 Y1 I V l/ Subscribed and sworn to (or affirmed) before me on Otr4 ' j rp (date) by tt,ailW (name of affiant). He • is personally known to me or has produced (type of identification) as identification. MALt 0 C6 NOTARY PUBLIC My Commission Expires: l0 , 6 " " "' CAROL A. DOCHOW • r Notary Public - State of Florida s •, y r; . M Comm. Expires Jun 7.2018 ;', l Commission #E FF 104268 ATTACHMENT D SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE 6u 1 PPrN cC COT 2 i (Company) "...warrants that he /it has not employed, retained or otherwise had act on his /her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." (Signature) / / Date: 16 • 4 , 6 STATE OF: P1 O i fi- COUNTYOF: '" w l l I Subscribed and sworn to (or affirmed) before me on £c %/(o (date) by Iv pI,ij .0�(' Ktfritiatu (name of affiant). H� personally known to me or has produced (type of identification) as identification. Cic64 NOTARY PUBLIC My Commission Expires: t 9 CAROL A. DOCHOW t `. Notary Public - State of Florida : My Comm. Expires Jun 7, 2018 Commission # FF 104268 ATTACHMENT E DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 28 hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Alia AI (Signature) r' Date: " `i t STATE OF: Fi (7Vt 6( COUNTY OF: MVn kti Subscribed and sworn to (or affirmed) before me on prk 4. 2 )1p (date) by (name of affiant). He/ is pQrsonally known to me_n� has produced (type of identification) as identification. Cosa Lit/01 NOTARY PUBLIC �/ My Commission Expires: p 1 II16 o`r � CAROL A. DOCHOW - • . • , * . 1 Notary Public - State of Florida My Comm. Expires Jun 7. 2018 ' F'' ;?; Commission # FF 104268 ATTACHMENT F COMPLIANCE WITH COUNTY GUIDELINES The PROVIDER must furnish to the County the following items: (a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status; (b) Proof of registration with the Florida Department of Agriculture as required by Florida Statute 496.405 and the Florida Department of State as require by Florida Statute 617.01201 or proof of exemption from registration as per Florida Stature 496.406. (c) List of the Organization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (d) Evidence of annual election of Officers and Directors; (e) Unqualified audited financial statement from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended /taken; 1. If the PROVIDER receives $100,000 or more in grant funding from the County an audit shall be prepared by an independent certified public accountant (CPA): a. The CPA must have a current license, in good standing with the Florida State Board of Accountancy; b. The CPA must be a member of the American Institute of Certified Public Accountant (AICPA); c. The CPA must maintain malpractice insurance covering the audit services provided and d. The County shall be considered an "intended recipient" of said audit." (f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules; (g) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment B); (j) Cooperation with County monitoring visits that the County may request during the contract year; and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year.