Item F45BOARD OF COUNTY COMMISSIONERS
County of Monroe A
Mayor Heather Carruthers, District 3
f
T$ne Florida Keys (, S �� Mayor Pro Tem George Neugent, District 2
t� ) ��` ��
�' Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
County Commission Meeting
November 22, 2016
Agenda Item Number: F.45
Agenda Item Summary #2373
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 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, heard presentations and received requested clarifications from the service
providers. 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:
Tina Boan
Christine Limbert
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
Completed
Completed
Completed
Pending
$39,979.00
11/07/2016 3:01 PM
11/07/2016 3:09 PM
11/08/2016 8:00 AM
11/08/2016 11:42 AM
11/22/2016 9:00 AM
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS
AGREEMENT
THIS AGREEMENT is made and entered into this 22n day of November, 2016, by and
between MONROE COUNTY, a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and
Guidance /Care Center, 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�
4
Witness(/
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
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Subgrant Recipient
Organization Name: Monroe County Board of Commissioners
County: Monroe
Chief Official
Name: Heather Carruthers
Title:
Mayor
Address:
530 Whitehead Street
City:
Key West
State:
FL Zip: 33040 -6547
Phone:
305 - 292 -3430 Ext:
Fax:
305 - 292 -3577
Email:
carruthers- heather @monroecounty - fl.gov
Chief Financial Officer
Name: Amy Heavilin
Title:
Clerk of Court
Address:
500 Whitehead Street
City:
Key West
State:
FL Zip: 33040 -3110
Phone:
305 - 295 -3130 Ext:
Fax:
Email:
aheavilin @ monroe - clerk.com
Application Ref # 2017 -JAGC -3053 Section #1 Page 1 of 2
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Implementing Agency
Organization Name: Monroe County Board of Commissioners
County: Monroe
Chief Official
Name: Heather Carruthers
Title:
Mayor
Address:
530 Whitehead Street
City:
Key West
State:
FL Zip: 33040 -6547
Phone:
305 - 292 -3430 Ext:
Fax:
305 - 292 -3577
Email:
carruthers- heather @monroecounty - fl.gov
Project Director
Name: Janet Herbener
Title:
Senior Grants and Finance Analyst
Address:
1100 Simonton Street
Room 2 -213
City:
Key West
State:
FL Zip: 33040 -3110
Phone:
305 - 292 -4470 Ext:
Fax:
305 - 292 -4515
Email:
Herbener- Janet @monroecounty -fl.gov
Application Ref # 2017 -JAGC -3053 Section #1 Page 2 of 2
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Project Information
Project Title: ASSISTED LIVING PREVENTS RECIDIVISM
Subgrant Recipient: Monroe County Board of Commissioners
Implementing Agency: Monroe County Board of Commissioners
Project Start Date: 10/1/2016 End Date: 9/30/2017
Problem Identification
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.
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 Sheriffs 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 Section #2 Page 1 of 4
Application for Funding Assistance
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 Section #2 Page 2 of 4
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Application Ref # 2017 -JAGC -3053 Section #2 Page 3 of 4
Application for Funding Assistance
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 sheriffs 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
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
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
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
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 Section #3 Page 2 of 7
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
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
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
This accounts for 30.55% of the cost.
Measure: B02
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 Section #3 Page 4 of 7
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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 Section #3 Page 5 of 7
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
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
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Goal: Yes
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 Section #3 Page 7 of 7
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
General Financial Info:
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
Application for Funding Assistance
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 Section #4 Page 2 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Section Questions:
Question: If the budget contains salaries and benefits, will this project result in a net personnel
increase, or continue to fund a prior federally grant funded net personnel increase?
Answer: No
Question: If Expenses or Operating Capital Outlay are included in your budget, what will be the
method of procurement for those items? (e.g., competitive bid, sole source, state term
contract)
Answer: 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 Section #4 Page 3 of 3
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Insert Standard Conditions Page here.
Application Ref # 2017 -JAGC -3053 Section #5 Page 1 of 1
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
STANDARD CONDITIONS
The State of Florida, Department of Law Enforcement (FDLE) 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.
Upon approval of the application, or subaward, the following terms and conditions will become binding. 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 eligible activities were completed in accordance with the grant and program requirements.
The Department will only reimburse subrecipients for authorized activities. The Department will not reimburse for
costs incurred for any purpose other than those specified in the agreement. Failure to comply with provisions of this
agreement, or failure to perform grant activities as specified in the agreement, will result in required corrective action
up to and including financial consequences. A financial consequence may be imposed for non - compliance in
accordance with 2 C.F.R. § 200 and these Standard Conditions, including but not limited to project costs being
disallowed, withholding of federal funds and /or termination of the project.
GENERAL REQUIREMENTS
All subrecipients must comply with requirements set forth in the current edition of the U.S. Department of
Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide),
http:// ojp. gov/ financiaiguide/ DOJ/ pdfs /2015_DOJ_FinanciaiGuide.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 11 D -9, "Edward Byrne Memorial State and Local Law Enforcement
Assistance Formula Grant Program ": w.flrules.or/
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.ec r. ov /c i- bin /text- idx ?S1 =6 7641 c78 e5dld l341 7afadc3 d &node = 2:1.1.2.2.1 &r n =div5
Code of Federal Regulations: w.gpo.ov /fdsys/
2 C.F.R. § 175.15(b), "Award Term for Trafficking in Persons"
28 C.F.R. § 38, "Equal Treatment for Faith -Based Organizations"
28 C.F.R. § 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule)
28 C.F.R. § 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)"
28 C.F.R. §§ 18, 22, 23, 30, 35, 42, 61, and 63
Public Law
Pub. L. No. 109 -162, Title XI— Department of Justice Reauthorization, Subtitle B— Improving the Department
of Justice's Grant Programs, Chapter 1— Assisting Law Enforcement and Criminal Justice Agencies, Sec.
1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program:
httK)://www.aDo.aov/fdsys/Dka/PLAW-1 09Dubil 6 /odf /P -1 09Dubil 6 .odf
United States Code: .gpo.gov /fdsys/
42 U.S.C. §§ 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968"
State of Florida General Records Schedule GS1 -SL for State and Local Government Agencies:
ttp: / /dils. dos.state.fl.us/barm/genschedules/GS2-2008- ev 1 .pdf
SFY2016 JAG Standard Conditions Page 1 of 20
Rev. 10/2015
State of Florida Statutes
§ 215.971, "Agreements funded with federal or state assistance"
§ 215.985, "Transparency in government spending"
DEFINITIONS
Disallowed costs means those charges to a Federal award that the Federal awarding agency or pass- through entity
determines to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and
conditions of the Federal award.
Equipment means tangible personal property (including information technology systems) having a useful life of more
than one year and a per -unit acquisition cost which equals or exceeds the lesser of the capitalization level
established by the non - Federal entity for financial statement purposes, or $5,000. See also §§ 200.12, "Capital
assets "; 200.20, "Computing devices "; 200.48, "General purpose equipment "; 200.58, "Information technology
systems; 200.89, "Special purpose equipment ", and 200.94, "Supplies."
Grant agreement means a legal instrument of financial assistance between a Federal awarding agency or pass -
through entity and a non - Federal entity that, consistent with 31 U.S.C. §§ 6302, 6304, is used to enter into a
relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass -
through entity to the non - Federal entity to carry out a public purpose authorized by a law of the United States (see 31
U.S.C. § 6101(3)); and not to acquire property or services for the Federal awarding agency or pass- through entity's
direct benefit or use; and is distinguished from a cooperative agreement in that it does not provide for substantial
involvement between the Federal awarding agency or pass- through entity and the non - Federal entity in carrying out
the activity contemplated by the Federal award.
Improper payment means any payment that should not have been made or that was made in an incorrect amount
(including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable
requirements and; Improper payment includes any payment to an ineligible party, any payment for an ineligible good
or service, any duplicate payment, any payment for a good or service not received (except for such payments where
authorized by law), any payment that does not account for credit for applicable discounts, and any payment where
insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper.
Micro - purchase means a purchase of supplies or services using simplified acquisition procedures, the aggregate
amount of which does not exceed the micro - purchase threshold. The non - Federal entity uses such procedures in
order to expedite the completion of its lowest - dollar small purchase transactions and minimize the associated
administrative burden and cost. The micro - purchase threshold is set by the Federal Acquisition Regulation at 48
C.F.R. Subpart 2.1, "Definitions ". It is $3,000 except as otherwise discussed in Subpart 2.1 of that regulation, but this
threshold is periodically adjusted for inflation.
Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and
supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of
the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental
costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in
excess of $25,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution
of indirect costs, and with the approval of the cognizant agency for indirect costs.
Non - Federal entity is a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit
organization that carries out a Federal award as a recipient or subrecipient.
Non - federal pass- through entity is a non - Federal entity that provides a subaward to a subrecipient to carry out part
of a Federal program; the Florida Department of Law Enforcement (FDLE) is the non - federal pass- through entity for
this agreement, also referred to as the State Administering Agency (SAA).
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 §§ 200.210 Information contained in a Federal
award paragraph (a)(5) and 200.331 Requirements for pass- through entities, paragraph (a)(1 )(iv)).
SFY2016 JAG Standard Conditions Page 2 of 20
Rev. 10/2015
Protected Personally Identifiable Information (PII) means an individual's first name or first initial and last name in
combination with any one or more of types of information, including, but not limited to social security numbers;
passport numbers; credit card numbers; clearances; bank numbers; biometrics; date and place of birth; mother's
maiden name; criminal, medical, and financial records; and educational transcripts. This does not include PH that is
required by law to be disclosed. (See also § 200.79 Personally Identifiable Information (PI I)).
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 § 200.67 Micro - purchase.)
Su baward/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 also §§
200.20, "Computing devices" and 200.33, "Equipment ".
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.
3.0 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.
3.1 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.
3.2 Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is
justified or shall, at its discretion, unilaterally terminate this agreement and re- obligate subaward funds
to other Department approved projects. The Department, where warranted by extenuating
circumstances, may extend the starting date of the project past the ninety (90) day period, but only by
formal written adjustment to this agreement.
4.0 Supplanting - The subrecipient agrees that funds received under this award will not be used to supplant state
SFY2016 JAG Standard Conditions Page 3 of 20
Rev. 10/2015
or local funds, but will be used to increase the amounts of such funds that would, in the absence of federal
funds, be made available for law enforcement activities.
5.0 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.
6.0 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.
7.0 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.
8.0 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.
9.0 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.
10.0 "Pay —to— Stay" - Funds from this award may not be used to operate a "pay -to- stay" program in any local jail.
Furthermore, no funds may be given to local jails that operate "pay -to- stay" programs. "Local jail ", as
referenced in this condition, means an adult facility or detention center owned and /or operated by city, county,
or municipality. It does not include juvenile detention centers. "Pay -to- stay" programs as referenced in this
condition, means a program by which extraordinary services, amenities and /or accommodations, not otherwise
available to the general inmate population, may be provided, based upon an offender's apparent ability to pay,
such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction.
11.0 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.
12.0 Enhancement of Security - If funds are used for enhancing security, the subrecipient agrees to:
12.1 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.
12.2 Conduct such an assessment with respect to each such enhancement; and submit to the Department
the aforementioned assessment in its Final Program Report.
13.0 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.
13.1 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.
13.2 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
SFY2016 JAG Standard Conditions Page 4 of 20
Rev. 10/2015
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.
13.2.1 Any person who is required to undergo such a security background investigation and who
refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified
for employment in such position or, if employed, shall be dismissed.
13.2.2 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.
14.0 Privacy Certification - The subrecipient agrees to comply with all confidentiality requirements of 42 U.S.C. §
3789g and 28 C.F.R. § 22 that are applicable to collection, use, and revelation of data or information.
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, section 22.23. Privacy Certification forms must be
signed by the subrecipient or implementing agency chief official or an individual with formal, written signature
authority for the chief official.
15.0 Conferences and Inspection of Work - Conferences may be held at the request of any party to this
agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor
General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work
performed under this agreement.
16.0 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. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131 -34); the Education
Amendments of 1972 (20 U.S.C. § §1681, 1683, 1685 -86); the Age Discrimination Act of 1975 (42 U.S.C. §§
6101 -07); and Department of Justice Non - Discrimination Regulations 28 C.F.R. § 42; see Ex. Order 13279
(equal protection of the laws for faith -based and community organizations).
2.0 FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability, or age in the
delivery of services or benefits or in employment. The subrecipient must notify program participants and
beneficiaries that it does not discriminate on the basis of race, color, national origin, religion, sex, disability,
and age in the delivery of services or benefits or in employment practices.
3.0 Subrecipients are responsible for ensuring that contractors and agencies to whom they pass through funds are
in compliance with all Civil Rights requirements and that those contractors and agencies are aware that they
may file a discrimination complaint with the subrecipient, with FDLE, or with the Office for Civil Rights (OCR),
and how to do so.
4.0 Equal Employment Opportunity Plans
4.1 A subrecipient or implementing agency must develop an EEO Plan if it has 50 or more employees and
has received any single award of $25,000 or more from the Department of Justice. The plan must be
prepared using the online short form at www.oip.usdgL.gov/about/ocr/ggop comply.htm must be
SFY2016 JAG Standard Conditions Page 5 of 20
Rev. 10/2015
retained by the subrecipient or implementing agency, and must be available for review or audit. The
organization must also submit an EEO Certification to FDLE.
4.2 If the subrecipient or implementing agency is required to prepare an EEO Plan and has received any
single award of $500,000 or more from the Department of Justice, it must submit its plan to the
Department of Justice for approval. A copy of the Department of Justice approval letter must be
submitted to FDLE. The approval letter expires two years from the date of the letter.
4.3 A subrecipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than
50 employees or if it does not receive any single award of $25,000 or more from the Department of
Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an
organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE.
4.4 The subrecipient and implementing agency acknowledge that failure to comply with EEO requirements
within 60 days of the project start date may result in suspension or termination of funding, until such
time as it is in compliance.
5.0 In the event a federal or state court or federal or state administrative agency makes a finding of discrimination
after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a
recipient of funds, the recipient will forward a copy of the finding to FDLE and to the Office for Civil Rights,
Office of Justice Programs.
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 infop_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 7th Street,
Northwest, Washington, D.C. 20531, or by phone at (202) 307 -0690.
9.0 The subrecipient must have procedures in place for responding to discrimination complaints that employees,
clients, customers, and program participants file directly with the subrecipient.
10.0 The subrecipient must have written policies or procedures in place for notifying program beneficiaries how to
file complaints alleging discrimination by the subrecipient/implementing agency with FDLE or the OCR.
11.0 Any discrimination complaints filed with FDLE will be reviewed by FDLE's Inspector General and referred to
the Office for Civil Rights, the Florida Commission on Human Relations, or the Equal Employment Opportunity
Commission, based on the nature of the complaint.
12.0 Americans with Disabilities Act - Subrecipients must comply with the requirements of the Americans with
Disabilities Act (ADA) (Pub. L. No. 101 -336), which prohibits discrimination by public and private entities on the
basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and
local government services and transportation (Title 11), public accommodations (Title 111), 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).
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13.3 Notify participants, beneficiaries, employees, applicants, and others that the subrecipient/implementing
agency does not discriminate on the basis of disability.
14.0 Limited English Proficiency (LEP) - In accordance with Department of Justice Guidance pertaining to Title VI
of the Civil Rights Act of 1964 (42 U.S.C. § 2000d), recipients of federal financial assistance must take
reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For
more information on the civil rights responsibilities that recipients have in providing language services to LEP
individuals, please see the website at www.lep.gov FDLE strongly encourages subgrant recipients to have a
written LEP Language Access Plan.
15.0 Title IX of the Education Amendments of 1972 (28 C.F.R. § 54) -If the subrecipient operates an education
program or activity, the subrecipient must take the following actions:
15.1 Adopt grievance procedures that provide for the prompt and equitable resolution of complaints alleging
a violation of the DOJ regulations implementing Title IX of the Education Amendments of 1972, found at
28 C.F.R. § 54, which prohibit discrimination on the basis of sex.
15.2 Designate a person to coordinate compliance with the prohibitions against sex discrimination contained
in 28 C.F.R. § 54.
15.3 Notify applicants for admission and employment, employees, students, parents, and others that the
subrecipient/implementing agency does not discriminate on the basis of sex in its educational programs
or activities.
16.0 Equal Treatment for Faith Based Organizations - The subrecipient agrees to comply with the applicable
requirements of 28 C.F.R. § 38, the Department of Justice regulation governing "Equal Treatment for Faith
Based Organizations" (the "Equal Treatment Regulation "). The Equal Treatment Regulation provides in part
that Department of Justice grant awards of direct funding may not be used to fund any inherently religious
activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage
in inherently religious activities, but such activities must be separate in time or place from the Department of
Justice funded program, and participation in such activities by individuals receiving services from the recipient
or a subrecipient must be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the
provision of services on the basis of a beneficiary's religion. The subrecipient also understands and agrees
that award funds may not be used to discriminate against or denigrate the religious or moral beliefs of students
who participate in programs for which financial assistance is provided from the award, or the parent or legal
guardian of such students. Notwithstanding any other special condition of this award, faith -based organizations
may, in some circumstances, consider religion as a basis for employment. See
www.oip.gov/about/g2L/e_qual fbo.htm
17.0 Immigration and Nationality Act - No public funds will intentionally be awarded to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained
in 8 U.S.C. § 1324a(e), Section 274A(e) of the Immigration and Nationality Act ( "INA "). The Department shall
consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA.
Such violation by the subrecipient of the employment provisions contained in Section 274A(e) of the INA shall
be grounds for unilateral cancellation of this contract by the Department.
SECTION III: FINANCIAL REQUIREMENTS AND RESPONSIBILTY
1.0 Fiscal Control and Fund Accounting Procedures
1.1 All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial
Guide, the Common Rule, and OMB Uniform Grant Guidance (2 C.F.R § 200) as applicable, in their
entirety.
1.2 Subrecipients must have written procedures for procurement transactions. Procedures must ensure
that all solicitations follow 2 C.F.R. § 200.319 Competition.
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
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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.
SECTION IV: SUBAWARD MANAGEMENT AND REPORTING REQUIREMENTS
1.0 Obligation of Subrecipient Funds - Subaward funds shall not under any circumstances be obligated prior to
the effective date, or subsequent to the termination date, of the period of performance. Only project costs
incurred on or after the effective date, and on or prior to the termination date of the subrecipient's project are
eligible for reimbursement. All payments must be completed within thirty (30) days of the end of the subaward
period of performance.
2.0 Advance Funding - Advance funding may be provided to a subrecipient upon a written request to the
Department. The request must be electronically signed by the subrecipient or implementing agency's Chief
Financial Officer or the Chief Financial Officer designee.
3.0 Trust Funds
3.1 The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund
may or may not be an interest bearing account.
3.2 The account may earn interest, but any earned interest must be used for program purposes and
expended before the federal grant period end date. Any unexpended interest remaining at the end of
the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the
Bureau of Justice Assistance.
4.0 Performance
4.1 Subaward Performance - The subrecipient must comply with state and federal requirements for
subaward performance under 2 C.F.R. §§ 200.76 and 200.77. The subaward shall describe the timing
and scope of expected performance as related to the outcomes intended to be achieved by the
program. Where appropriate, the subaward should provide specific performance goals, indicators,
milestones, or expected outcomes (such as outputs, or services performed or public impacts of any of
these) with an expected timeline for accomplishment. Submitted programmatic reports must clearly
articulate, where appropriate, performance during the execution of the award has met a standard
against which the subrecipient's performance can be measured. These requirements should be aligned
with agency strategic goals, strategic objectives, or performance goals that are relevant to the program.
4.2 Performance of Agreement Provisions - In the event of default; non - compliance; or violation of any
provision of this agreement by the subrecipient, the subrecipient's consultants and suppliers, or both,
the Department shall impose sanctions it deems appropriate including withholding payments and
cancellation, termination, or suspension of the agreement in whole or in part. In such event, the
Department shall notify the subrecipient of its decision thirty (30) days in advance of the effective date
of such sanction. The subrecipient shall be paid only for those services satisfactorily performed prior to
the effective date of such sanction.
5.0 Grant Adjustments - Subrecipients must submit a grant adjustment through SIMON for major substantive
changes such as: scope modifications or changes to project activities, target populations, service providers,
implementation schedules, project director, designs or research plans set forth in the approved agreement,
and for any budget changes that affect a cost category that was not included in the original budget.
Adjustments are also required when there will be a transfer of 10% or more of the total budget between budget
categories, or there is an indirect cost rate category change.
5.1 Subrecipients may transfer up to 10% of the total budget between current, approved budget categories
without prior approval as long as the funds are transferred to an existing line item.
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5.2 Under no circumstances can transfers of funds increase the total budgeted award.
5.3 Requests for changes to the subaward agreement must be electronically signed by the subrecipient or
implementing agency's chief official or the chief official's designee.
5.4 All requests for changes must be submitted in SIMON no later than thirty (30) days prior to grant
expiration date.
6.0 Required Reports -AII reports must relate financial data to performance accomplishments. Subrecipients
must submit both reports on the same reporting cycle.
6.1 Financial Expenditure Reports
6.1.2 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.
6.1.3 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).
6.1.4 All Project Expenditure Reports shall be submitted in sufficient detail for proper pre -audit and
post - audit.
6.1.5 Before the "final" Project Expenditure Report will be processed, the subrecipient must submit
to the Department all outstanding project reports and must have satisfied all special conditions.
Failure to comply with the above provisions shall result in forfeiture of reimbursement.
6.1.6 Reports are to be submitted even when no reimbursement is being requested.
6.1.7 The report must 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 Reporting Time Frames: The subrecipient shall submit Monthly or Quarterly Project
Performance Reports in SIMON, hereafter known as the Department, within fifteen (15) days
after the end of the reporting period. In addition, if the sub award period is extended beyond
the "original" project period, additional Quarterly Project Performance Reports shall be
submitted.
6.2.2 Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may
result in sanctions, as specified in Section IV 4.2, Performance of Agreement Provisions.
6.2.3 Report Contents: 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 Submission: 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 Required Reports - 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
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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 PGI Expenditure - 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.
6.4 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 agreement.
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.
4.1 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.
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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. Cf. 28 C.F.R. §§ 66, 70.
6.0 Reporting, Data Collection and Evaluation - The subrecipient agrees to comply with all reporting, data
collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program
guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by
FDLE.
7.0 Retention of Records - The subrecipient shall maintain all records and documents for a minimum of five (5)
years from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons. The subrecipient shall comply with State of Florida General Records
Schedule GS1 -SL for State and Local Government Agencies: http: / /dos.myflo rid a.ccm /media /693574 /general-
records- schedulegs01- sl.pdf http: / /dos.myflorida.com /media /693578/gs02.pdf
8.0 Disputes and Appeals - The Department shall make its decision in writing when responding to any disputes,
disagreements, or questions of fact arising under this agreement and shall distribute its response to all
concerned parties. The subrecipient shall proceed diligently with the performance of this agreement according
to the Department's decision. If the subrecipient appeals the Department's decision, the appeal also shall be
made in writing within twenty -one (21) calendar days to the Department's clerk (agency clerk). The
subrecipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., and in procedures set
forth in Rule 28- 106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a
waiver of proceedings under § 120, Fla. Stat.
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 Florida Statutes 11.45, "Definitions; duties; authorities; reports; rules. "; 215.97, "Florida
Single Audit Act "; Rules of the Auditor General; Chapter 10.550, "Local Governmental Entity Audits ";
and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For - Profit Organizations."
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 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.
9.6 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
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Rev. 10/2015
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.
9.7 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.
9.8 The Federal Audit Clearinghouse is the repository of record for 2 C.F.R. § 200(F). Audits performed as
a result of this requirement must be completed and submitted to the Federal Audit Clearinghouse within
the earlier of thirty (30) calendar days after receipt of the auditor's report(s), or nine (9) months after the
end of the audit period. Submissions must include required elements described in Appendix X to Part
200 on the specified Data Collection Form (Form SF -SAC), and be signed by a senior level
representative or chief official of the auditee. If the subrecipient opts not to authorize the Federal Audit
Clearinghouse to make the reporting package publically available, the single audit report must be
submitted directly to the Department. A scanned copy of the completed audit reports or a link to the
electronic audit report should be sent via email to criminaliustice afdle.state.fl.us or mailed to the
following address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
Post Office Box 1489
Tallahassee, Florida 32302 -1489
SECTION VI: SUBAWARD PROCUREMENT AND COST PRINCIPLES
1.0 Procurement Procedures - Subrecipients must use documented procurement procedures which reflect
applicable state, local, and tribal laws and regulations, provided that the procurement standards conform to
applicable Federal law (2 C.F.R. §§ 200.317- 200.326).
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).
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, 2 C.F.R. §§ 200.300, "Statutory and national policy requirements ", through 200.309, "Period of
performance."
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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.
https:// www. bia. gov/ Funding /JAGControlledPurchaseList.pdf
5.2 Controlled Purchase List - Requests for acquisition of items on the Controlled Purchase 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 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.
https: / / www.bia. gov / Funding /JAGControlledPurchaseList.pdf
6.0 Review prior to Procurement - Subrecipients are encouraged to enter into state and local intergovernmental
agreements or inter - entity agreements where appropriate for procurement or use of common or shared
goods /services. Subrecipients are also encouraged to use excess and surplus property in lieu of purchasing
new equipment and property when this is feasible.
7.0 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.
8.0 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.
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 Florida Statute § 215.971, 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
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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 is available at http: // www. opM .gov /oca /r)avrates /index.asp
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.
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 §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, et seq. at www.gpg.goy /fdsys / )- the provisions of the current
edition of the Office of Justice Programs Financial Guide ( http: / /oip. qov /financialquide /DOJ /index.htm
and all other applicable federal and state laws, orders, circulars, or regulations. The subrecipient must
pass- through all requirements and conditions applicable to the federal grant award /subaward to any
subcontract. The term "contractor" is used rather than the term "vendor" and means an entity that
receives a contract as defined in 2 C.F.R. § 200.22, the nature of the contractual relationship
determines the type of agreement.
10.2 Approval of Consultant Contracts - The Department shall review and approve in writing all
consultant contracts prior to employment of a consultant when the consultant's rate exceeds $650
(excluding travel and subsistence costs) per eight -hour day, or $81.25 per hour. A detailed justification
must be submitted to and approved by FDLE prior to obligation or expenditures of such funds.
Approval shall be based upon the contract's compliance with requirements found in the Financial
Guide, the Common Rule, and in applicable state statutes. The Department's approval of the
subrecipient agreement does not constitute approval of consultant contracts. If consultants are hired
through a competitive bidding process (not sole source), the $650 threshold does not apply.
11.0 Travel and Training - The cost of all travel shall be reimbursed according to the subrecipient's written travel
policy. If the subrecipient does not have a written travel policy, cost of all travel will be reimbursed according
to State of Florida Travel Guidelines § 112.061, Fla. Stat. Any foreign travel must obtain prior written approval
11.1 BJA or FDLE Sponsored Events - The subrecipient agrees to participate in BJA- or FDLE-
sponsored training events, technical assistance events, or conference held by FDLE or BJA or their
designees, upon FDLE's or BJA's request.
11.2 Expenses Related to Conferences, Meetings, Trainings, and Other Events - The subrecipient
agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost
limits, prior approval and reporting requirements, where applicable) governing the use of federal funds
for expenses related to conferences, meetings, trainings, and other events, including the provision of
food and /or beverages at such events, and costs of attendance at such events. Information on
pertinent laws, regulations, policies, and guidance is available at
http: / /oip. qov / financialquide/ DOJ/ PostawardReguirements /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, available at www.oip. qov / funding/ oiptrainingguidingprinciples .htm
12.0 Publications, Media and Patents
12.1 Ownership of Data and Creative Material - Ownership of material, discoveries, inventions, and results
developed, produced, or discovered subordinate to this agreement is governed by the terms of the
SFY2016 JAG Standard Conditions Page 14 of 20
Rev. 10/2015
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.
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 available at www.oip.usdoi.gov/ funding/ oiptrainingguidingr)rinciples .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," dated August 23, 1971, and statement of Government
patent policy, as printed in 36 Federal Register 16839).
12.4.3 Government regulations have been issued in 37 C.F.R. § 401 by the U.S. Department of
Commerce.
13.0 Confidential Funds and Confidential Funds Certificate - A signed certification that the Project Director or
Implementing Agency Chief Official has read, understands, and agrees to abide by all conditions for
confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is
required for all projects that involve confidential funds. The signed certification must be submitted at the time
of grant application. This certificate certifies the Project Director has read, understands, and agrees to abide by
the provision in Section 3.12 of the Office of Justice Programs Financial Guide. This form must be submitted
upon application if applicable. Confidential Funds certifications must be signed by the subrecipient or
implementing agency Chief Official or an individual with formal, written signature authority for the Chief Official.
14.0 Task Force Training Requirement - The subrecipient agrees that within 120 days of award, each member of
a law enforcement task force funded with these funds who is a task force commander, agency executive, task
force officer, or other task force member of equivalent rank, will complete required online (internet- based) task
force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and
Leadership ( www.ctfli.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
SFY2016 JAG Standard Conditions Page 15 of 20
Rev. 10/2015
roster along with course completion certificates. Additional information is available regarding this required
training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership
( www.ctfli.org ).
15.0 Information Technology Projects
15.1 Criminal Intelligence Systems - The subrecipient agrees that any information technology system
funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. § 23, Criminal
Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to
be applicable. Should the Office of Justice Programs determine 28 C.F.R. § 23 to be applicable, the
Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C.F.R. §
23.20(g). Should any violation of 28 C.F.R. § 23 occur, the subrecipient may be fined as per 42 U.S.C.
§ 3789g(c) -(d). The subrecipient may not satisfy such a fine with federal funds.
The subrecipient understands and agrees that no awarded funds may be used to maintain or establish
a computer network unless such network blocks the viewing, downloading, and exchanging of
pornography. In doing so the subrecipient agrees that these restrictions will not limit the use of awarded
funds necessary for any federal, state, tribal, or local law enforcement agency or any other entity
carrying out criminal investigations, prosecutions, or adjudication activities.
15.2 State Information Technology Point of Contact - The subrecipient agrees to ensure that the State
Information Technology Point of Contact receives written notification regarding any information
technology project funded by this grant during the obligation and expenditures period. This is to
facilitate communication among local and state governmental entities regarding various information
technology projects being conducted with these grant funds. In addition, the subrecipient agrees to
maintain an administrative file documenting the meeting of this requirement. For a list of State
Information Technology Points of Contact, go to
www.it.oip.gov /default.aspx? area= policyAndPractice &page =1046
15.3 Interstate Connectivity - To avoid duplicating existing networks or IT systems in any initiatives funded
by the Bureau of Justice Assistance for law enforcement information sharing systems which involve
interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing
networks as the communication backbone to achieve interstate connectivity, unless the 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.
15.4 ADP Justification - The subrecipient must complete an Automated Data Processing (ADP) Equipment
and Software and Criminal Justice Information and Communication Systems Request for Approval form
if the purchase of any ADP equipment is to be made. This form must be submitted upon application, if
applicable. ADP justification must be signed by the subrecipient or implementing agency chief official or
an individual with formal, written signature authority for the chief official.
16.0 Interoperable Communications Guidance
16.1 Subrecipients that are using funds to support emergency communications activities must comply with
the current SAFECOM Guidance for Emergency Communication Grants, including provisions on
technical standards that ensure and enhance interoperable communications. Emergency
communications activities include the purchase of Interoperable Communications Equipment and
technologies such as voice - over - internet protocol bridging or gateway devices, or equipment to support
the build out of wireless broadband networks in the 700 MHz public safety band under the Federal
Communications Commission (FCC) Waiver Order. SAFECOM guidance can be found at
www. s afe co m p rog ra m. gov /I i b ra ry /I ists/ I i b ra ry /D is p Fo rm . as px? I D =334 .
16.2 Subrecipients interested in developing a public safety broadband network in the 700 MHz band in their
jurisdictions must adhere to the technical standards set forth in the FCC Waiver Order, or any
succeeding FCC orders, rules, or regulations pertaining to broadband operations in the 700 MHz public
safety band. The subrecipient shall also ensure projects support the Statewide Communication
Interoperability Plan (SCIP) and are fully coordinated with the full -time Statewide Interoperability
Coordinator (SWIC). If any future regulatory requirement (from the FCC or other governmental entity)
results in a material technical or financial change in the project, the recipient should submit associated
documentation, and other material, as applicable, for review by the SWIC to ensure coordination.
Subrecipients must provide a listing of all communications equipment purchased with grant award
SFY2016 JAG Standard Conditions Page 16 of 20
Rev. 10/2015
funding (plus the quantity purchased of each item) to FDLE once items are procured during any periodic
programmatic progress reports.
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
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 can be found at www.bia.gov /Funding /JAGFAQ.r)df
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: / /nij.gov). In addition, body armor purchased must be American -
made. The latest NIJ standard information can be found at: www.nii.gov /topics /technoloav /body-
armor /safety- initiative.htm
2.0 Environmental Protection Agency's (EPA) list of Violating Facilities - The subrecipient assures that the
facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the
Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of
the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a
facility to be used in the project is under consideration for listing by the EPA.
3.0 National Environmental Policy Act (NEPA)
3.1 The subrecipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation
Act, and other related federal environmental impact analyses requirements in the use of subaward
funds by the subrecipient. This applies to the following new activities whether or not they are being
specifically funded with these subaward funds. That is, it applies as long as the activity is being
conducted by the subrecipient or any third party and the activity needs to be undertaken in order to use
these subaward funds. Accordingly, the subrecipient agrees to first determine if any of the following
activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is
determined that any of the following activities will be funded by the grant, the recipient agrees to contact
FDLE OCJG.
3.1.1 New construction
3.1.2 Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the
National Register of Historic Places or (b) located within a 100 -year flood plain; a wetland, or
habitat for endangered species, or a property listed on or eligible for listing on the National
Register of Historic Places;
3.1.3 A renovation, lease, or any other proposed use of a building or facility that will either (a) result
in a change in its basic prior use or (b) significantly change its size; and
3.1.4 Implementation of a new program involving the use of chemicals other than chemicals that are
(a) purchased as an incidental component of a funded activity and (b) traditionally used, for
example, in office, household, recreational, or educational environments.
3.1.5 Implementation of a program relating to clandestine methamphetamine laboratory operations,
including the identification, seizure, or closure of clandestine methamphetamine laboratories.
SFY2016 JAG Standard Conditions Page 17 of 20
Rev. 10/2015
3.2 The subrecipient understands and agrees that complying with NEPA may require the preparation of an
Environmental Assessment and /or an Environmental Impact Statement, as directed by the Bureau of
Justice Assistance. The subrecipient further understands and agrees to the requirements for
implementation of a Mitigation Plan, as detailed by the Department of Justice at
www.bia.gov /Funding /nepa.htmi for programs relating to methamphetamine laboratory operations.
3.3 For any of a subrecipient's existing programs or activities that will be funded by these subawards, the
subrecipient, upon specific request from the Department and the U.S. Department of Justice, agrees to
cooperate with the Department of Justice in any preparation by the Department of Justice of a national
or program environmental assessment of that funded program or activity.
4.0 Methamphetamine Plans: Mitigation of Health, Safety and Environmental risks dealing with
Clandestine Methamphetamine Laboratories - If an award is made to support methamphetamine laboratory
operations the subrecipient must comply with this condition, which provides for individual site environmental
assessment/impact statements as required under the National Environmental Policy Act.
4.1 General Requirement: The subrecipient agrees to comply with federal, state, and local environmental,
health and safety laws and regulations applicable to the investigation and closure of clandestine
methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes
used in or resulting from the operation of these laboratories. The subrecipient also agrees to complete
a Methamphetamine Mitigation Plan (MMP) that includes the nine protective measures or components
required by BJA and submit the plan to FDLE's Office of Criminal Justice Grants.
4.2 Specific Requirements: The subrecipient understands and agrees that any program or initiative
involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result
in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental
personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized
clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the
site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are
placed or come to rest. Therefore, the subrecipient further agrees that in order to avoid or mitigate the
possible adverse health, safety and environmental impacts from any of clandestine methamphetamine
operations funded under this award, it will (1) include the nine, below listed protective measures or
components; (2) provide for their adequate funding to include funding, as necessary, beyond that
provided by this award; and (3) implement these protective measures directly throughout the life of the
subaward. In so doing, the subrecipient understands that it may implement these protective measures
directly through the use of its own resources and staff or may secure the qualified services of other
agencies, contractor or other qualified third party.
4.2.1 Provide medical screening of personnel assigned or to be assigned by the subrecipient to the
seizure or closure of clandestine methamphetamine laboratories;
4.2.2 Provide Occupational Safety and Health Administration (OSHA) required initial and refresher
training for law enforcement officials and other personnel assigned by the subrecipient to either
the seizure or closure of clandestine methamphetamine laboratories;
4.2.3 As determined by their specific duties, equip personnel assigned to the project with OSHA
required protective wear and other required safety equipment;
4.2.4 Assign properly trained personnel to prepare a comprehensive contamination report on each
closed laboratory;
4.2.5 Employ qualified disposal contractors to remove all chemicals and associated glassware,
equipment, and contaminated materials and wastes from the site(s) of each seized clandestine
laboratory;
4.2.6 Dispose of the chemicals, equipment, and contaminated materials and wastes removed from
the sites of seized laboratories at properly licensed disposal facilities or, when allowable,
properly licensed recycling facilities;
4.2.7 Monitor the transport, disposal, and recycling components of subparagraphs 4.4.5 and 4.4.6
immediately above in order to ensure proper compliance;
SFY2016 JAG Standard Conditions Page 18 of 20
Rev. 10/2015
4.2.8 Have in place and implement an inter - agency agreement or other form of commitment with a
responsible State environmental agency that provides for that agency's 1) timely evaluation of
the environmental conditions at and around the site of a closed clandestine laboratory and 2)
coordination with the responsible party, property owner, or others to ensure that any residual
contamination is remediated, if necessary, and in accordance with existing federal and state
requirements; and
4.2.9 Have in place and implement a written agreement with the responsible state or local service
agencies to properly respond to any minor, as defined by state law, at the site. This
agreement must ensure immediate response by qualified personnel who can 1) respond to the
potential health needs of any minor at the site; 2) take that minor into protective custody unless
the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal
violations; 3) ensure immediate medical testing for methamphetamine toxicity; and 4) arrange
for any follow -up medical tests, examinations, or health care made necessary as a result of
methamphetamine toxicity
5.0 National Historic Preservation Act — The Act will assist the Department (if necessary) in assuring
compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order
11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of
1974 (16 U.S.C. § 469 a -1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321).
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 Global Standards Package - In order to promote information sharing and enable interoperability among
disparate systems across the justice and public safety community, OJP requires the recipient to comply with
DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this
particular grant. Recipient shall conform to the Global Standards Package (GSP) and all constituent elements,
where applicable, as described at: www.it.oip.goy /gsp 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.
8.0 Disclosures
8.1 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).
8.2 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.
9.0 Uniform Relocation Assistance and Real Property Acquisitions Act - The subgrant recipient will comply
with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42
U.S.C. § 4601 et seq.), which governs the treatment of persons displaced as a result of federal and federally -
assisted programs.
10.0 Limitations on Government Employees Financed by Federal Assistance -The subrecipient will comply
with requirements of 5 U.S.C. §§ 1501 -08 and 7324 -28, which limit certain political activities of State or local
government employees whose principal employment is in connection with an activity financed in whole or in
part by federal assistance.
11.0 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.
SFY2016 JAG Standard Conditions Page 19 of 20
Rev. 10/2015
12.0 Restrictions and certifications regarding non - disclosure agreements and related matters -
Subrecipients or contracts /subcontracts under this award may not require any employee or contractor to sign
an internal confidentiality agreement or statement that prohibits, restricts or purports to prohibit or restrict, the
reporting of waste, fraud or abuse in accordance with law, to an investigative or law enforcement
representative of a state or federal department or agency authorized to receive such information.
13.0 Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable -
Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in
support of any contract or subaward to either the Association of Community Organizations for Reform Now
(ACORN) or its subsidiaries, without the express prior written approval of OJP.
14.0 Text Messaging While Driving - Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text
Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), and § 316.305, Fla. Stat.., the subrecipient
is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle
during the course of performing work funded by this subaward and to establish workplace safety policies and
conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.
15.0 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. For more information, refer to the NIJ FY 2012 DNA Backlog Reduction
Program, available at https:// www. ncirs. gov /pdffilesl /nii /sIO01062.pdf. 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).
16.0 Environmental Requirements and Energy - For subawards in excess of $100,000, the subrecipient must
comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42
U.S.C. §§ 1857(h)), section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40 C.F.R. § 15). The subrecipient must comply with mandatory
standards and policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), if any.
17.0 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.
SFY2016 JAG Standard Conditions Page 20 of 20
Rev. 10/2015
4u u 330 L 1, ZA : LEZ) Ieu' ®uoae ul u euaA oea uoO L I,A : Ue uoe 4 N
fSf A
Lf> Ln
`_ Application for Funding Assistance a
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide a'
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.
Signature:
Typed Name and Title:
Date:
Typed
Signatl
Typed
Date:
Typed Name of Irr
Signature:
Typed Name and
Date: August
2016
Monroe County Board of County Commissioners
Application Ref # 2017 -JAGC -3053 Section #6 Page 1 of 1
Contract - JAGC - MONR - - -
Rule Reference IID -9,006 OCJG -005 (rev, October 2005)
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County -wide
Insert Certifications and Authorizations here.
Application Ref # 2017 -JAGC -3053 Section #7 Page 1 of 1
4u u 0 J 8 H 330 L L A : LEZ) leu' ®uoaa u' u auat( 9 43ej4uo3 L LA : ua uoetl
fC
LL I
CERTIFICATION FORM
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements
Please read carefully the Instructions (see below) and then complete Section A or Section B or Section C, not all three. If recipient
tmpleles S'ectton R or L" ana sub -- grants a single aivara o ,s xlu, uuo, in aaaftfon, please co mplete Uction U.
Recipient's Name: Monroe County Board of County Commissioners
Address: 1100 Simonton Street Ke y West FL 33040
Is agency a; a Direct or n Sub recipient of OJP, OVW or COPS funding? I Law Enforcement Agency? Yes
DUNS Number: U738Z6Z4Z I Vendor Number (only if direct recipient
Name and Title of Contact Person:
Telephone Number: 305 - 292 -4482 1 E -Mail Address: de lau @mo -fl.g
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.
A
r
31
ai
U
cts
a
I, [responsible
official], certify that
[recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R § 42.302.
1 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
Section B--- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying
That an EEOP Is on File for Review
If a recipient agency has fifty or more employees and is receiving a single award or, subaward, of 325, 000 or more, but less than $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 CFR § 42.305):
I, Heather _Carruthers._M_ayor [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 Iaw, 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 EEOP is on file at the following office:
Calvin Alien, EEO Officer, Monroe County Board o County Commissioners
[organization],
1100 Simonton
[address].
Heather Carruthers, N
Print or Tvve Name and Ttle
West, FL 33040 -3110
Section C— Declaration Stating that
Rights for Review
2016
Form Has Been Submitted to the Office for Civil
If a recipient agency has fifty or more employees and is receiving a single award, or subaward of $500, 000 or more, then the recipient agency
must send an EEOP Short Form to the OCR for review..
1, _ -- -- - [ responsible
official], certify that
[recipient], which has fifty or more employees and is receiving a single award of $500,000 or more, has formulated an
ESOP 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 rnvard over $500, 000, in addition, please complete Section D
Print or Typy Name and Title Signature Date
m
L6
F I;ul 4U 8 W 88 J 6 V U 330 L L Z k : LEZ) leu' ®uoao ul u ouaA oea uo L L7, : uo uoe 4 Nroo-
Completing the Certification Form „a
Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements L
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 (ESOP). 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: EEOP 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. 1 121 -0340 Expiration Date: 12/31115
FI; 4 U 8 W 88 JBV UOJGH 330 L L Z k : LEZ) leu' ®uoao u' u ouaA oea uo L L,k : uo uoe 4 Nr r�--
Paperwork Reduction Act Notice. Under the Paperwork Reduction Act, a person is not required to respond to a collection I „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 Ma ua—&- y ' --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 (!5b is e�gpua{yr
known t�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
Commissi 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