Loading...
Item C01County of Monroe BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida Keys Terminal Interoffice Memorandum Commissioner David Rice 9400 Overseas Highway Suite 210 Marathon International Airport Marathon, FL 33050 305.289.6000 Boccdis4(a-monroecounty -fl.eov Date: January 12, 2017 To: Kevin Madok, Clerk of the Court County Clerk's Office A y ��qq- From: Commissioner David Rice, District 4 � RE: NOTICE OF VOTING CONFLICT Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will abstain from the vote on certain issues that are brought before the Monroe County Board of Commissioners with entities that I am involved with. I will abstain from the vote on issues concerning the following entities: Guidance Care Center, Inc., a private, not- for - profit entity, which receives some of its operational funding from the County, as I currently sit on the Board of Directors of the Care Center. I am also a member of the Board of the Historic Florida Keys Foundation, Inc. At the January 18, 2017 BOCC meeting, I will abstain from the vote on item(s): #C1 Mayor Pro Tern David Rice, District 4 Heather Carruthers, District 3 Danny L. Kolhage, District 1 Sylvia J. Murphy, District 5 Copy of agenda excerpt listing the referenced item(s) is attached for documentation. County of Monroe U Mayor Pro Tern David Rice, District 4 BOARD OF COUNTY COMMISSIONERS The Florida Keys Terminal Interoffice Memorandum Commissioner David Rice 9400 Overseas Highway Suite 210 Marathon International Airport Marathon, FL 33050 305.289.6000 Boccdis4gmonroecounty -fl. >i ov Date: January 18, 2017 To: Kevin Madok, Clerk of the Court County Clerk's Office �q-, Aar From: Commissioner David Rice, District 4 A ` RE: *REVISED* NOTICE OF VOTING CONFLICT Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will abstain from the vote on certain issues that are brought before the Monroe County Board of Commissioners with entities that I am involved with. I will abstain from the vote on issues concerning the following entities: Guidance Care Center, Inc., a private, not - for - profit entity, which receives some of its operational funding from the County, as I currently sit on the Board of Directors of the Care Center. I am also a member of the Board of the Historic Florida Keys Foundation, Inc. At the January 18, 2017 BOCC meeting, I will abstain from the vote on item(s): #C1, and P4 Mayor George Neugent, District 2 - Heather Carruthers, District 3 Danny L. Kolhage, District 1 Sylvia J. Murphy, District 5 Copy of agenda excerpt listing the referenced item(s) is attached for documentation. County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting January 18, 2017 Agenda Item Number: C.1 Agenda Item Summary #2408 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Laura DeLoach (305)292 -4482 No AGENDA ITEM WORDING: Approval of an agreement with Guidance /Care Center for the "Assisted Living Prevents Recidivism" (Heron) program, in the amount of $39,979, 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. ITEM BACKGROUND: The Substance Abuse Policy Advisory Board (SAPAB) convened for their annual meeting on August 22, 2016. The SAPAB is charged with the responsibility of making recommendations to the BOCC for the annual distribution of countywide FDLE Edward Byrne Memorial Justice Assistance Grant (JAG) Program funding. Monroe County's allocation of funding support for FYI is $76,979. The Byrne Memorial JAG program calls for programs that service substance abuse treatment /prevention with a criminal justice component. The SAPAB reviewed six proposals for services and heard presentations. The SAPAB collectively discussed and determined the programs and funding allocation to recommend to the BOCC for Byrne Memorial JAG Program funding for FYI 7. PREVIOUS RELEVANT BOCC ACTION: On August 17, 2016 the BOCC approved a Resolution (Item Summary 1936, C.15) authorizing submission of the FDLE Edward Byrne Memorial Justice Assistance Grant applications for funding as recommended by the Substance Abuse Policy Advisory Board (SAPAB) at its upcoming meeting on August 22, 2016, and approval to authorize the Mayor to execute acceptance of award and related documents, and to execute the Edward Byrne Memorial Justice Assistance Grant (JAG) funding distribution letter with the Florida Department of Law Enforcement (FDLE) for fiscal year 2016 -2017 (October 1, 2016 through September 30, 2017) whereby Monoroe County agrees to the distribution of $76,979 in program funds in the County. CONTRACT /AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: FYI Contract ByrneFunding_Heron_Final FINANCIAL IMPACT: Effective Date: October 1, 2016 Expiration Date: September 30, 2017 Total Dollar Value of Contract: $39,979 Total Cost to County: $0 Current Year Portion: $39,979 Budgeted: Yes Source of Funds: FDLE Byrne Memorial Justice Assistance (JAG) Program CPI: No Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: No Grant: Yes County Match: No Insurance Required: No Additional Details: N/A If yes, amount: 11/22/16 NEW COST CENTER ADDED GCC Heron 2017 - JAGC - MONR -2 -F9 -112 REVIEWED BY: Christine Limbert Maria Slavik Tina Boan Kathy Peters Board of County Commissioners Completed Completed Completed Completed Completed $39,979.00 01/04/2017 9:15 AM 01/04/2017 9:19 AM 01/04/2017 11:32 AM 01/04/2017 11:36 AM 01/18/2017 9:00 AM EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS AGREEMENT THIS AGREEMENT is made and entered into this 18 day of January, 2017, 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, Inc., d /b /a Heron Assisted Living 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 the Guidance /Care Center, Inc., d /b /a Heron Assisted Living Prevents Recidivism program; 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 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 $39,979. All funds shall be distributed and expended in accordance with the units of service and unit rate identified in 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 Edward Byrne Memorial Justice Assistance Sub -grant Award funds. The AGENCY shall provide all documents and information as set forth in Attachment C 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. S. 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, Inc., d /b /a The Heron 3000 41s' Street Ocean Marathon, FL 33050 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. I 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 parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. (SEAL) ATTEST: AMY HEAVILIN, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk Witness a By: Mayor /Chairman Guidance/Care Center, Inc., d /b /a Heron Assisted Living By: )m L� /I A/ J�dlfA A - 'K4LWZL4Kf4 4/M'44 &dlm I - ntle: u Witnesv 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 Unit Type Service provided Service provided (A) Total XX. XXX XX. XXX (B) Total prior payments (C) Total requested and paid (A + B) (D) Total contract amount Balance of contract (D C) $ X,XXX.XX $ X,XXX.XX $ X,XXX.XX $ X,XXX.XX $ 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 by Notary Public Number of Units Provided for Program day of 20 who is personally known to me. Unit Cost Amount Due $ XX. XX $ XXX. XX $ XX. XX $ XXX. XX Notary Stamp 3 - la=i 4u8w88JBV • 80, • * * • T A ■ 1/ .► SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: 12113121 t Grant Period: From: 10/01/2016 TOR 09/30/2017 Project Title. ASSISTED LIVING PREVENTS RECIDIVISM Grant Number:, 2017 - JAGC - MOLAR -2 -F9 -112 Federal Funds: $ 39,979.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 39;979.00 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 Slate and Local Govemments, 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 per 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. r t i Authorized Official Petrina Tuttle Herring Bureau Chief 12-/15/20 (P Date (ye(his award is subject to special conditions (attached). Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: 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 C.1a Application Ref # 2017 -JAGC -3053 Contract 2017 - JAGC - MONR -2 -F9 -112 Section #1 Page 1 of 2 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 C.1a Application Ref # 2017 -JAGC -3053 Contract 2017 - JAGC - MONR -2 -F9 -112 Section #1 Page 2 of 2 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Project Information Project Title: Subgrant Recipient: Implementing Agency Project Start Date: Problem Identification ASSISTED LIVING PREVENTS RECIDIVISM Monroe County Board of Commissioners Monroe County Board of Commissioners 10/1/2016 End Date: 9/30/2017 Both locally and nationally, jails /prisons contain a significant number of non - violent mentally ill men and women. Monroe County Corrections continues to report that about 20% those in the Monroe County Detention Center have some type of mental illness, 80 +% of those have substance abuse problems. C.1a To compound this, the 2013 National Survey on Drug Use and Health, Mental Health Findings, reported that the use of illicit drugs in the past year was more likely among adults aged 18 or older with past year mental illness (27.6 percent) than it was among adults who did not have mental illness in the past year (13 percent). This pattern was similar for most specific types of illicit drug use, including the use of marijuana, cocaine, hallucinogens, inhalants, or heroin and the non- medical use of prescription -type psychotherapeutics. This makes it more likely that those with mental illness will often come in contact with the criminal justice system The Heron Assisted Living Facility provides stable, affordable, supportive housing to adults with mental illness and who are dually diagnosed (with mental illness and a history of substance abuse). In the "Housing First" model, whereby housing is the critically required component in order to make recovery successful. It has been shown that once people have housing they are more receptive to participating in other programs to deal with mental health and substance abuse issues. The supportive services we provide improve the resident's ability to manage his /her mental illness and maintain sobriety; therefore, greatly reducing the risk of recidivism and improving the quality of life of this very vulnerable population. Information provided by the Monroe County Sheriff's Office indicates that it currently (January 2016) costs $80.40 /day to maintain a prisoner in the County Jail. The daily cost of a stay at North Florida Evaluation and Treatment Center (State Funded Forensic Mental Health Facility) is in excess of $233.00. The cost for a bed day at The Heron is $78.84 and provides a therapeutic environment with access to an array of psycho - social rehabilitation activities. The problem of incarceration of adults with mental illness and substance abuse, especially those who are not major offenders, remains a significant concern. Almost all jail inmates with co- occurring mental illness and substance use disorders will leave correctional settings and return to the community. Monroe County has only one Assisted Living Facility with a Mental Health License serving a total of 16 low- income residents (The Heron). Outreach, intake, and assessment are core elements of our supported services. The Heron is the only Assisted Living Facility of it's kind in Monroe County serving this population: providing housing with support services to adults who are persistently and chronically mentally ill. By directing these type clients to The Heron and similar programs, whether through diversion upon entry to the criminal justice system or at reentry, we can provide a cost effective, stable housing and the supportive services Application Ref # 2017 -JAGC -3053 Contract 2017 - JAGC - MONR -2 -F9 -112 Section #2 Page 1 of 4 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance c "'a Florida Department of Law Enforcement Justice Assistance Grant - County -wide necessary for successful community integration, and therefore decreasing the likelihood of recidivism. The Heron offers a more effective recovery environment than alternatives such as homelessness, correctional institutions, and state psychiatric hospitals. This is a continuation grant which has successfully provided recidivism prevention services for 7 years. The objectives for this program for past JAG grants have been met and without JAG funding, this population would not have housing in which to receive the services listed in the Scope of Work and the recidivism rate would be higher in Monroe County. This is a continuation of grant number 2016 - JAGC - MONR -2 -H3 -230. Project Summary (Scope of Work) Potential residents are referred to the program through a variety of sources including self referral, family referral, state hospitals, local crisis units, and forensic case managers at the Monroe County Detention Center. The Heron will provide housing and supportive services to men and women who are mentally ill and have a history of incarceration and substance abuse. The Heron program staff will provide these supportive services including: • Medication Supervision • Meal preparation • Coordination of physical and behavioral health services • Coordination of access to education and employment • Linkage to legal services • Coordination of transportation to all ancillary services • Coordination of access to social and religious opportunities • Coordination of access to entitlements • Assistance with money management Financial consequences will be imposed for each activity not performed in accordance with the scope of work as detailed above. Minimum performance and financial consequences will be enforced by the sub - recipient/implementing agency which may impose financial consequences for non - compliance including but not limited to project costs being disallowed, withholding of federal funds, and /or termination of the project. Guidance / Care Center will provide any ancillary services that may be outside the scope of training and expertise of The Heron staff. However, no other GCC programs will receive any project funds for services provided to The Heron residents. Direct supportive services provided to each individual will be documented in the form of a daily summary note and filed in the client record. Components of this documentation will include: • Specific interventions provided by staff to support each participant. • Activities that the resident participated in that support the program goals. • Identification of risk factors that may inhibit success in obtaining the goals. • Intensified efforts to address relapse, criminal activity, and psychiatric decompensation. Program participants will be drug tested on a basis of suspicion of drug use. Those individuals identified as having relapsed, will be referred to outpatient substance abuse programs. The grant funds will cover personnel costs to provide direct supportive services through a bundled daily rate. Application Ref # 2017 -JAGC -3053 Contract 2017 - JAGC - MONR -2 -F9 -112 Section #2 Page 2 of 4 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance c "'a Florida Department of Law Enforcement Justice Assistance Grant - County -wide Application Ref # 2017 -JAGC -3053 Contract 2017 - JAGC - MONR -2 -F9 -112 Section #2 Page 3 of 4 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance c "'a Florida Department of Law Enforcement Justice Assistance Grant - County -wide Section Questions: Question: What percentage of the total cost of this project is being funded by sources other than this award? Answer: 67 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: 67 Coco Plum Drive Marathon, FL 33050 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 sheriff's office, indicate the sheriff's 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 -3053 Section #2 Page 4 of 4 Contract 2017 - JAGC - MONR -2 -F9 -112 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) Packet Pj Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 10 - Behavioral Health State Purpose Area: 1 G - 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 C.1a 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 -3053 Section #3 Page 1 of 7 Contract 2017 - JAGC - MONR -2 -F9 -112 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) Packet Pj 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: Yes. Guidance Care Center receives funding from the DCF, Monroe County, the City of Marathon and private fees from residents of the Heron. Measure: General 08 C.1a 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: No 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: A monthly newsletter is published by our Corporate affiliate, WestCare, and on occasion includes contributions from the Heron. The Heron also promotes the program via social media (Facebook). 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: N/A Measure: General 11 Identify the goal(s) you hope to achieve with your funding. If you have Application Ref # 2017 -JAGC -3053 Contract 2017 - JAGC - MONR -2 -F9 -112 Section #3 Page 2 of 7 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide multiple goals, describe each goal separately. Goal: - 90% of the participants will not be re- arrested or re- incarcerated. - 90% of the participants will not be re- institutionalized. - 90% of the participants will not use substances. 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: None Measure: General 14 C.1a 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: Supervision of medication, assistance with meal preparation, assistance with phone call (to coordinate medical, behavioral health, education, and legal services), provision of and arrangement of transportation (for medical, behavioral health, education, legal services, shopping, or other supportive community activities), assistance with money management, access to social and leisure activities and assisting with access to entitlements. State Purpose Area: R25 - Questions for recipients of an award $25,000 or more. Objectives and Measures Objective: B1 General - Behavioral health questions for recipients of an award $25,000 or more Measure: B01 If you will operate a behavioral health 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 operated more than one program, answer for each separately. Goal: The cost for a bed a day at the Heron is $78.84. The unfunded portion, after factoring DCF funding, county funding, and private fees is $24.09 per day. Application Ref # 2017 -JAGC -3053 Section #3 Page 3 of 7 Contract 2017 - JAGC - MONR -2 -F9 -112 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) Packet Pj Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide This accounts for 30.55% of the cost. Measure: B02 C.1a What is the name of your behavioral health program? If you will operate more than one program /service, answer for each separately. Goal: The Heron Measure: B03 If you will operate a behavioral health program with JAG funds during the grant period, what was 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: 1988 Measure: B04 What behavioral health 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: Substance abuse treatment, Mental health treatment, Co- occuring treatment (includes both substance abuse and mental health treatment). Goal: Co- occurring treatment Measure: B05 Are you or a partner planning or conducting an evaluation of your behavioral health program? If you will operate more than one program, answer for each separately. Goal: Yes Measure: B06 If you or a partner are planning or conducting an evaluation of your 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. Measure: B07 Regardless of JAG funding, how many treatment staff on the program are currently licensed and /or certified in substance abuse treatment? If you operate more than one program, answer for each separately. Goal: 0, The Heron provides support services only. Providers are not required to be licensed. Measure: B08 Application Ref # 2017 -JAGC -3053 Contract 2017 - JAGC - MONR -2 -F9 -112 Section #3 Page 4 of 7 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide C.1a Regardless of JAG funding, how many treatment staff are currently licensed and /or certified in mental health treatment? If you operate more than one program, answer for each separately. Goal: 0, The Heron provides support services only. Providers are not required to be licensed. Measure: B09 Regardless of JAG funding, how many treatment staff on the program are currently licensed and /or certified in co- occuring treatment? If you operate more than one program, answer for each separately. Goal: 0, The Heron provides support services only. Providers are not required to be licensed. Measure: B10 How many treatment employees does your office currently have on staff? Please count both full- and part -time employees. Goal: 4 Measure: B11 Of the treatment employees your office currently has on staff, how many are JAG funded? Goal: 4 Measure: B12 Regardless of JAG funding, approximately how many new participants will be added to the program for only substance abuse treatment during the grant period? If you will operate more than one program, answer for each separately. Goal: 0 Measure: B13 Regardless of JAG funding, approximately how many total participants will receive only substance abuse treatment services during the grant period? If you will operate more than one program, answer for each separately. Goal: 0 Measure: B14 Regardless of JAG funding, approximately how many new participants will be added to the program for only mental health treatment during the grant period? If you will operate more than one program, answer for each separately. Goal: 0 Measure: B15 Application Ref # 2017 -JAGC -3053 Contract 2017 - JAGC - MONR -2 -F9 -112 Section #3 Page 5 of 7 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide C.1a Regardless of JAG funding, approximately how many total participants will receive only mental health treatment services during the grant period? If you will operate more than one program, answer for each separately. Goal: 0 Measure: B16 Regardless of JAG funding, approximately how many new participants will be added to the program for co- occuring treatment during the reporting period? If you will operate more than one program, answer for each separately. Goal: 2 Measure: B17 Regardless of JAG funding, approximately how many total participants will receive co - occuring treatment services during the grant period? If you will operate more than one program, answer for each separately. Goal: 8 Measure: B18 Are you aware that you will be required to complete the behavioral health questionnaire and submit it to your grant manager alongside each performance report. Goal: Yes Objective: B3 Group - Behavioral health questions for recipients engaged in group treatment services who receieve an award of $25,000 or more. Measure: B22 If your treatment program utilizes group treatment, regardless of JAG funding, what is the average group size? If you operate more than one program, answer for each separately. Goal: N/A Measure: B23 Regardless of JAG funding, how many participants are currently active in your program? If you will operate more than one program, answer for each separately Goal: 7 Objective: B4 Sub. Abuse - Behavioral health questions for recipients engaged in substance abuse treatment services who receieve an award of $25,000 or more. Measure: B24 Does your treatment agency offer a continuum of care for substance abuse treatment, including detoxification, residential, sober living, day treatment, intensive outpatient, and outpatient treatment services? Application Ref # 2017 -JAGC -3053 Section #3 Page 6 of 7 Contract 2017 - JAGC - MONR -2 -F9 -112 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) Packet Pj Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Goal: Yes C.1a Measure: B25 Of those enrolled in a substance abuse treatment program for at least 90 days, how many participants were tested for the presence of alcohol or illegal substances during the reporting period, regardless of the number of times tested? If you operate more than one program, answer for each separately. Goal: 0 Measure: B26 Of those enrolled in a substance abuse treatment program for at least 90 days, how many participants tested positive for the presence of alcohol or illegal substances during the reporting period, regardless of the number of times tested. Goal: 0 Objective: B5 Co- Occuring - Behavioral health questions for recipients engaged in co- occuring treatment services who receieve an award of $25,000 or more. Measure: B27 Which of the following co- occuring treatment models do you follow, regardless of JAG funding? If you are operating more than one program, answer for each separately. Choose from the following: Sequential (providing services for one disorder and then another), Parallel (concurrent treatment for mental health and substance abuse), Integrated (treating both in the same setting). Goal: Integrated Application Ref # 2017 -JAGC -3053 Contract 2017 - JAGC - MONR -2 -F9 -112 Section #3 Page 7 of 7 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide C.1a Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $39,979.00 $0.00 $39,979.00 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 -- $39,979.00 $0.00 $39,979.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2017 -JAGC -3053 Section #4 Page 1 of 3 Contract 2017 - JAGC - MONR -2 -F9 -112 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) Pac Application for Funding Assistance c "'a Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative: The budget reflects costs directly associated with the prevention of Recidivism in Dually Diagnosed Adults residing in the Heron Assisted Living facility in Marathon, Florida. All services provided at The Heron are included in a bundled daily rate. DCF Unit Cost Budget Byrne Grant Related Total Op Bdgt: $391,361.76 $119,582.76 Unit of Service: A day in residence A day in residence Min.Service Level: 4,964 days 4,964 days Unit Rate: $78.84 per day $24.09 per day Byrne Grant Budget Proposed Budget: $39,979.00 Unit of Service: A day in residence Min.Service Level: 1,659.57 days Unit Rate: $24.09 per day Note that, while some of the costs of a bed day are partially covered by client fees and DCF state funding, the DCF invoice process assures that there will be no supplanting or double billing: 1. DCF funding is the payer of last resort so any client payments (which are no way covering the full costs - determined to be $78.84 per day per the state funding contract approved July 1, 2016), the HSAB funding and the FDLE funding are reported to offset any state funding that may be due. Other funding is reported in the DCF invoices so as not to double bill. Of note is that all three types of payments are considered as fulfilling the match requirement. 2. The Byrne grant is only covering a portion of the cost and 3. DCF does not cover all of the client bed days /costs. The funding is limited by contract The line item is in the budget category of "Contractual Services." A contract with the treatment provider will be developed to be utilized during the established grant period. Monthly invoices are provided to Monroe County by the treatment provider, including units of service provided each month. Documentation summarizing the number of days that each eligible client resided in the facility is available upon request. Invoices ore reviewed by County Office staff for approval of payment. TOTAL PROGRAM COST: 1,659.57 bed days (4.5467 eligible residents per day x 365 days) times $24.09 = $39,979.00 (rounded). $39,979.00 will be funded by the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. Application Ref # 2017 -JAGC -3053 Contract 2017 - JAGC - MONR -2 -F9 -112 Section #4 Page 2 of 3 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide C.1a 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: N/A Question: If indirect cost is included, explain the indirect cost plan. Provide documentation of approval. Answer: N/A 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 prevention of Recidivism in Dually Diagnosed Adults residing in the Heron Assisted Living facility in Marathon, Florida. The unit cost rates were derived by using the unit rates from the FY 2016 -17 state funding contract for Substance Abuse and Mental Health services with the Guidance /Care Center. 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 -3053 Contract 2017 - JAGC - MONR -2 -F9 -112 Section #4 Page 3 of 3 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) Application for Funding Assistance c "'a Florida Department of Law Enforcement Justice Assistance Grant - County -wide Insert Standard Conditions Page here. Application Ref # 2017 -JAGC -3053 Contract 2017 - JAGC - MONR -2 -F9 -112 Section #5 Page 1 of 1 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) 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. 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.:Iioli).aovifinanciaiguide/DOJ/Pdfs/2015 DOJ Financia[Guide.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.ora 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.eefr.aovl b.i.nl text- idx7SID= 62764122c78Oe5dl d2l 34127afadc3Od &node =2 :1.1.2.2.1 &ran =div5 Code of Federal Regulations: www.gpo.goy/fdsysl 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: ham: // _.gp_o.govlfdsyslpka /PLA - 109publl62/odf /PLA - 109oubII62.odf United States Code: .gpo.aov /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: htt : / /diis.dos.state.fl.uslbarml enschedules /GS2- 2008- Rev2010. df 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 abort 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 its 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 ([HE), or nonprofit organization that ca rries 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 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. 0912016 Attachment: FY1 7 Contract rn unin _ eron_ inal (24 08 : FY2017 GCC Heron Agreement FDL 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 (Pit) 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 PH 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/Su bg rant 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. 0912016 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 i Integrity and performance system (currently, "FAPIIS "). 10 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 hlto:I /oin,4ov /fundiog /Explore /FY2016- A2propriationsLawRestrictions ,hfim Subrecipients must contact the Office of Criminal Justice Grants for guidance should a question arise whether a part cuIlar use of federal funds by a subrecipient would or ight 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 format 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 wHI 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. 0912016 - q a 4 1 111 1 1 ^ 111 11MR1111 ; . 0 . .. 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 includejuvenile 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, shalt 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.Z. C. § 37898 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 officiall or an individual with formal, written signature authority for the chief officiaii. 16.0 Conferences and Inspection of Work Conferences maybe 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 subrecipiient 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,ol :usdoLqovl - bogVocrleeo comply, ormply,litm 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 arty 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. 0912016 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@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 subrecipientlimplementing 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 - Subreciplents 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 1), 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 US.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 leo. ov . 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. 0912016 15.2 Designate a person to coordinate compliance with the prohibitions agaidst 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. 18.0 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 Equall 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,oig gov /about/acr /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 WA. 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 11 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. §§ 200.31!9 "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° 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 subreciplent'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°x°0 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 officials 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. 0912016 6.1 Financial Expenditure Report 61.1 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 subreciplent 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. 0912016 Attachment: FY1 7 Contract rn unin _ eron_ inal (24 08 : FY2017 GCC Heron Agreement FDLE 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 CF.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 (JAG). 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: htloaldos.m orida,com /media1693574 /oene I- records- scheduleas0l- sl,odf http :// dos. mvfloNda .comJmadial6935781os02.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 Departmenrs 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. StaL, 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 §§ Flaw 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 management's 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 subreciplent 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, investigariions 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, 0912016 - q a 4 1 111 1 1 ^ 111 11MR1111 ; . 0 . .. 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 and 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 criminafustice __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: SUBAWARDPROCUREMENT 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(f), 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 SFY20V JAG Standard Conditions Page 13 of 23 Rev. 0912016 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: bt!ps:llwww.bia, ovlFundin€ /JAGControiledPurChas Li$1,,p f 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, htlps:llwww.bia,00vlFuQdin Iq JAGCo- n.IrQ,IledPurchaseList.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 sel;,Ij any controlled equipment, except riot helmets and riot shields, to a Law Enforcement Agency (LEA) after obtalning 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 2 Rev. 09!2016 - q a 4 1 111 1 1 ^ 111 11MR1111 . . 0 . .. 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 - Subrecipienls 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. Subreciplents 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 httos: / /www.a m.pavloalicv -data- oversi htlpay- leavelsalaries -waa sls l rv- tablesfl Tableslexecl lmi/ES.a nx 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:Y ojD. govdf :nancialguide /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. 11f the subrecipient does not have a written travel policy, cost of all travel wilt 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 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: htt :i /o" ov/ fnancialauide/ DOJ/ PostawardReauirements /chapter3.10a.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. ov /funding /lmpl'emen rainingPrinciples or ra tees- .. r�r�Cee_trri . 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 Rev, 09/2016 Page 16 of 23 - q a 4 1 111 11 ^ 1 1 V T111 . . 0 . .. 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 httpaloin.4ovlfundinglimDiem nt/TrainingPrinciplesForGranlees- Subarantees.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 i- nvolve 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 (intemet- based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership ( ctfli.org 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.c i.oro SFY2017 JAG Standard Conditions Page 17 of 23 Rev. 0912016 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 26 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 subreciplent may be fined as per 42 U.S.C. § 3789g(c) (d). The subrecipient may not satisfy such a fine with federali 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, stale, 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,, ovltechnology- 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- intemet 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 Coordiinator (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. 0912016 - q a 4 1 111 1 1 ^ 111 11MR1111 . . 0 . .. 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 maybe found at wwwJa.00v /Fundino /JAGFAO.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.ciov In addition, body armor purchased must be American - made. The latest NIJ standard information may be found at .nii.aov /topics /technologv /body- armor 1.4 Body Worn Camera Certification - Any subreciplent 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 httns: / /www.bia.aov /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 subreciplent 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. 0912016 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 subrecipent further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice at www.boa -gov /Funding /nepa,htmi for programs relating to methamphetamine laboratory operations. 13 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 US.. 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; 42.6 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, property licensed recycling facilities: SFY2017 JAG Standard Conditions Page 20 of 23 Rev.. 09/2016 - q a 4 1 111 1 1 ^ 111 11MR1111 . . 0 . .. 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 slate or local service agencies to properly respond to any minor, as defined by stale 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.oip.gov /fundino/ Explore/ ProhibiledConduct- Trafficking.htm 8.0 Global Standards Package - In order to promote information sharing and enable inleroperability among disparate systems across the justice and public safety community, OJP requires the recipient to comply with DOJ's Global Justice Information Sharing Initiative (130J'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.oio.goovlasu grantcondition 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. 0912016 10.0 Uniform Relocation Assistance and Real Property Acquisitions Act -The subrecipient wiii 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 principali 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 - Subreciplents 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 co ntractorlsubcontractor 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 soy from the awarding agency. 14.0 Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable - Subrecipi?ent 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 Teed 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 StaL 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. MM r• 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, 09f2016 4u u 330 L 1, ZA : 9 Z) leu' ®uoaa u' u auaA oea uoO L 1,A : ue uoe mppimairon Tor runaiing Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide ,y \l<? \7 G,;;t � . ` ( zz rV f £r l; ,,"7 "� 2 -` ".. � c �;7J •tl, µi �. '� f „'?e! i r(i )S)r, r ," i y r lz.;: r r , , r, s} r Slh �br� y ,,,,2 r r!}t } „r , rl I ;}. -� 1y2� trJ �bs t 1J1Q{ t { \;�� 4 {) i t n's; � rt }, �QS1�l £ i t tl � asr tl� 1t 7 t ,1) t` tiJ 4 If ldtt \l,f{4r cl r, "iy r { „� 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. Typed Name of SubgragyRecipieA Monroe County Board of County Commissioners Signature: Typed Name and Date: August 24, 2015 Signature: Typed Name and Date: August 2/1, 2015 Application Ref # 2017 -JAGC -3053 Section #6 Page 1 of 1 Contract - JAGC -MONR- - - Rule Reference 71 D -9,006 OCJG -005 (rev. October 2005) Typed Name and Title: Date: 1 2a [o Typed Name of Impleme�ng tiger: Monroe County Beard of County Commissioners Application for Funding Assistance c "'a Florida Department of Law Enforcement Justice Assistance Grant - County -wide Insert Certifications and Authorizations here. Application Ref # 2017 -JAGC -3053 Contract 2017 - JAGC - MONR -2 -F9 -112 Section #7 Page 1 of 1 Rule Reference 11D -9.006 OCJG -005 (rev. October 2005) 2 4u8W89J UOJOH 339 LL A-A : 8 t�) l ui_A®uoaa ®6ui un _Aauat( to atuo0 LLA_A :tuaLU o ## !4 V CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements Please read carefully the Instructions (see below) and then complete Section R or Section B or Section C, not all three, if recipient completes Section A or C and sub - grants a sinzle award over 5500.000. in addition. Please complete Section D. N t­ lie C31; a U R Recipient's Name: Monroe Coun!y Board of Coun Commissioners Address: 1100 imonton Street Ke y West FL 33040 Is agency a; u Direct or o Sub reci lent of OJP, OVW or COPS fundin 7 I Law Enforcement Agency? 0 Yes E3 No DUNS Number: oZ38Z674Z I Vendor Number (only if direct reci Tent Name and Title of Contact Person: L aura d G ran t s Ad Telephone Number: 305 - 292 -44$2 1 E -Mail Address: deloachhartle- laura @monroecoun -fl, ov Section A— Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply. • Less than fifty employees. o Indian Tribe o Medical Institution. • Nonprofit Organization a Educational Institution o Receiving a single award(s) less than $25,000. I, [responsible gfflcial], certify that [recipient] is not required to prepare an ESOP for the reason(s) checked above, pursuant to 28 C.F.R § 42.302. I further certify that [recipient] will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. If recipient sub grants a single award over $500, 000, in addition, please complete Section D Print or 7kv Name and 7711e Signature Date Section B— Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is an File for Review #'a recipient agency has fifty or more employees and is receiving a single award or, subaward, of S25, 000 or more, but less than $500, 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 CFA § 42.305): I, 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 $25,000 or more, but less than $500,000, 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 Rights, Office of Justice Programs U.S. Dertment of Justice. The ESOP is on file at the following office: Calvin Allen, EEO Officer, Monroe itounty Board o County Commissioners [organization], 1100 Simonton Street, Ke West, FL 33040 -3110 [address]. Heather Carruthers Ma or Au st 24, 2016 Print or Do Name and rile Sign6ture Date Section C— Declaration Stating that an EOP h Form Has Been Submitted to the Office for Civil Rights for Review !f a recipient agency has frfty or more employees and is receiving a single award, or subaward, of 5500,000 or more, then the recipient agency must send an ESOP Short Form to the OCR for review.. 1, [responsible 11 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 $500, 000, in addition, please complete Section D Print or T . Name and Title Si ature Date Juewq3ejjv IL (D lie 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 of Justice 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 of Justice 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 of Justice 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 title: ESOP Certification. If you have questions about completing or submitting the Certification Form, please contact the Office for Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, DC 20531 (Telephone: (202) 307 -0690 and TTY: (202) 307 - 2027). OMB Approval No. 1121 -0340 Expiration Date 12/31115 2 4U8W89a UOJOH 339 LL A-A : 8 t�) l ui ®6ui un _Aaua/( 13 aluo3 LLA-A :luauayo 11 R LO a_ Public Reporting Burden Statement � U R Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond to a collection a 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 farm. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government -wide Debarment and Suspension (Non- procurement) and Government -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 three -year period preceding this application 1. LOBBYING been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense In connection with As required by Section 1952, Tide 31 of the U.S Code, and implemented at 26 obtaining, attempting to obtain, or performing a public (Federal, State, CFR Part 69, for persons entering Into a grant or cooperative agreement over or local) transaction or contract under a public transaction; violation of $100,000, as defined at 2a CFR Part 69, the applicant certifies that Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making (a) No federal appropriated funds have been paid or will be paid, by or on behalf false statements. or receiving stolen property; of the undersigned, to any person for Influencing or attempting to Influence an officer or employee of any agency, a member of Congress, an officer or employee (c) Are not presently Indicted for or otherwise criminally or civilly of Congress, or an employee of a Member of Congress In connection with the charged by a governmental entity (Federal, State, or local) with making at any federal grant, the entering into of any cooperative agreement, and commission of any of the offenses enumerated In paragraph (1) (b) of the extension, continuation, renewal, amendment, or modification of any federal this certification; and grant or cooperative agreement; (d) Have not within a tree -year period preceding this application (b) If any funds other than federal appropriated funds have been paid or will be had one or more public transactions (Federal, State, or local) paid to any person influencing or attempting to influence an officer or employee of terminated for cause or defavil; 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 B. Where the applicant is unable to certify to any of the statements In cooperative agreement, the undersigned shall complete and submit Standard this certification, he or she shat attach an explanation to this Form - LLL, 'Disclosure of Lobbying Activities", In accordance with Its Instructions: application, (c) The undersigned shall require that the language of this certification be Included in the award documents for all subawards at all tiers (including subgrents, 3, DRUG -FREE WORKPLACE contracts under grants and cooperative agreements, and subcontracts) and that all (GRANTEES OTHER THAN INDIVIDUALS) subrecipients shall codify and disclose accordingly. As required by the Drug -Free Workplace Act of 1988, and 2. DEBARMENT, SUSPENSION AND OTHER Implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 26 CFR Part 67 Sections 67,615 and 67,620 - RESPONSIBILITY MATTERS (DIRECT RECIPIENT) A. The applicant certifies that it will or wo continue to provide a drug- free workplace by' As required by Executive Order 12549, Debarment and Suspension, and Implemented at 28 CFR Part 67, for prospective participants in primary covered (a) Publishing a statement notifying employees that the unlawful transactions, as defined at 2a CFR Part 67, Section 67.510 - manufacture, distribution, dispensing possession, or use of a controlled substance is prohibited In the grantees workplace and A. The applicant certifies that it and its principals: specifying the 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) Establishing an on -going drug -tree awareness program to inform voluntarily excluded from covered transactions by any federal department or employees about- agency; (1) The dangers of drug abuse In the workplace, (2) The grantee's policy of maintaining a drug4me workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be Imposed upon employees for drug abuse violations occurring In the workplace FDLIE JAG Grant Application Package Lobbying, Debarment, Suspension, and Drug -Free Workplace Cerf1/icaf1on Page 1 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) Making it a 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 regwred by paragraph (a) that as a condition of employment under the grant, the employee WN. (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a Check here _ If there are workplaces on file that are not Identified criminal drug statute occurring In the workplace no later than five calendar days here after the conviction; Section 67.630 of the regulations provides that a grantee that is a (e) Notifying the agency, In writing, within 10 calendar days attar receiving notice State may elect to make one certification in each Federal fiscal year. under subparagraph (d) (2) from an employee or otherwise mcemng actual notice A copy of which should be included with each application for of such conviction. Employers of convicted employees must provide notice Department of Justice funding. States and State agencies may elect Including position title, to; Department of Justice, Ofrroe of Justice Programs, to use OJP Form 411616. ATTN: Control Desk, 633 Indiana Avenue, N.W„ Wash�ngton, D,C, 20531. Notice shall Include the Identification number(s) of each affected grant Check ham _ If the State has elected to complete OJP Form P 4061 R. (Q 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 - 11) Taking appropriate personnel action against such an employee, up to and DRUG-FREE WORKPLACE Including termination, consistent with the requirements of the Rehabilitation Act of (GRANTEES WHO ARE INDIVIDUALS) 1973, as amended; or As required by the Drug -Free Workplace Act of 1988, and 12) Requiring such employee to participate satisfactorily In a drug abuse implemented at 28 CFR Part 67, Subpart F, for grantees, as defined assistance or rehabilitation program approved for such purposes by a Federal, at 28 CFR Part 67 Sections 67.615 and 67.620 - State, or local health, law enforcement, or other appropriate agency; A. As a condition of the grant, I certify that I will not engage in the (g) Making a good faith effort to continue to maintain a drug -free workplace unlawful manufacture, distribution, dispensing, possession, or use of through implementation of paragraphs (a), (b), (c) (d), (e), and (Q, a controlled substance in conducting any activity with the grant; and S. The grantee may Insert In 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 =n writing, within 10 calendar days of the conviction, to: Place of Performance (Street address, city, county, stele, zip code) Department of Justice, Office of Justice Programs, ATTN Control Desk, 633 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: Assisted Living Prevents Recidivism 3. Typed Name and Title of Authorized Representative: Heather Carruthers, Mayor 4. Signature: 5. Date: August 24, 2016 FDLEJAG Grant Application Package Lobbying, Debarment, Suspension, and Drug -Free Workplace Certlffcation Page 2 ATTACHMENT C 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. ATTACHMENT D 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 Maua—&- --r= (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) Date: I - G ` STATE OF: 04 G COUNTY OF: Movies Subscribed and swom to (or affirmed) before me on _ 0 d 4, 10I (0 (date) by 46 (name of affiant). He 6b is pftL4=9y known tt or has produced (type of identification) as identification. 0 aAsv NOTARY PUBLIC My Commission Expires: CAROL A, DOCHOW s ati My Comm, Expires Jun 7. 201 Commission 4 ATTACHMENT E SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE "...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." (S gnature Date: STATE OF: Uy as COUNTY OF: - AA r tV- Subscribed and sworn to (or affirmed) before me on rX 4 7-01L.- (date) by 94j'0WA klm �v'- (name of affiant). He4§ is persona n� alb own to me or has produced identification. (type of identification) as NOTARY PUBLIC My Commission Expires: r �e, ela of Florid, C omm. p L C DRUG -FREE WORKPLACE FORM ATTACHMENT F The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: [ r. 1 (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 services as set forth and funded pursuant to the Grant Agreement 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 contract, 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 contenders 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 organization complies fully with the above requirements. (Signature) Date: 16 LL4 STATE OF: 1' lby& COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by " k A 1A A M&, T (name of affiant). He &e is o y k nown , to me or has pr uced (type of identification) as identification. NOTARY PUBLIC C AROL DOCHO i N otary + M• s . c MY C omm . Ex pires i { My Commission Expires: �0 P