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2015-JAGC-MONR-2-R3-204 01/21/2015AMY REAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY, FLORIDA DATE: February 3, 2015 TO: Laura DeLoach-Hartle Grants FROM: Lindsey Ballard, D. CR At the January 21, 2015 Board of County Commissioner's meeting the Board granted approval and authorized execution of the following item C21 Ratification of execution of the Certificate of Acceptance of Sub - grant Award for the`Flor--ida Keys -Outreach -Coalition Supportive -Housing: -Substance Abuse -Education-an Relapse Prevention project, using funds provided under the FDLE Edward Byrne emorial Justice Assistance' Grant Program, for the period from October 1, 2014 through September 30, 2015. Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney (electronic) Finance (electronic) File (electronic) N-eiCd. 1V -hD 6t-L-,?O U-r 'C" l: 500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305-295-3130 Fax: 305-295-3663 3117Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fax: 305-289-6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax: 305-852-7146 FILE Florida Department of Business.Support Rick Scott, Governor. Law Enforcement Office of Criminal Justice Grants Pam Bondi, Attorney General Post Office Box 1489 Jeff Atwater, Chief Financial Officer Richard L. Swearingen Tallahassee, FL 32302-1489 Adam Putnam, Commissioner of Agriculture Commissioner (850) 617-1250 www.fdle.state.fl.us The Honorable Danny Kolhage. Mayor Monroe County Board of Commissioners 530 Whitehead Street Suite 102 Key West;. FL 33040-6547 Re: Contract No: 2015-JAGC-MONR-2-R3-204 Dear Mayor Kolhage: The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $.8,845.00 for the project entitled, FKOC SUPPORT HOUSING: SUBSTANCE ABUSE EDUC & RELAPSE PREV.. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed 3 for your file. All correspondence with the Department should always refer to the project number and title. f As you may be aware, information from subgrants and performance reports are currently provided to the Department of Justice under the Performance Measurement Tool (PMT) and Federal Funding Accountability and Transparency Act (FFATA) to meet current federal transparency requirements. Contract and grant information is also. provided to the State of Florida Department of Financial Services via the Florida Accountability Contract Tracking System (FACTS). This grant contract and.all subsequent,correlating informationincluding general contract, performance, . amendment/modification information and a copy of the grant document is provided to FACTS to meet requirements. under Chapter 2013-54 and 2013-154 Laws of Florida for transparency in government spending..' If.this:grant. agreement contains confidential or exempt information not subject to disclosure under public records law, Chapter 119, F.S., (such as disclosure of equipment for certain undercover operations.that may result In sensitive information on grant documents) please contact the Office of Criminal Justice Grants for Information on requesting exemption from public records disclosure.. Please complete and return the enclosed Certification of Acceptance to the. Office of Criminal Justice Grants within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to reimbursement of any project expenditures. Some costs require prior written approval from OCJG and/.or the Department of Justice before_ beginning project activities including: a sole source procurement in excess of $150,000; compensation for consultant services for rates in excess of $650/day ($81.25 per hour); publication plans; and -purchase of automated data processing (ADP) equipment and software. A written request for approval is required if they are applicable to your project. You may also see a correlating special, condition on your grant award in the Subgrant Information Management ON -Line (SIMON) system. We look forward to workingwith you on this project. Please contact Plahnin Manager Annamarle Whatley at 850 . Y P 1 9 9 Y( ) 617-1250 if you have any questions or we can be of further assistance. i . i nc rely, ( etrina Tuttle Herring j Bureau Chief i i PTH/ar Enclosures i I j Service - integrity •Respect • Quality i State.of Florida . . Office -of Criminal Justice Grants Florida. Department of Law: Enforcement 2331 Philiips Road Tallahassee, Florida. 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of suborant award number 2015-JAGC-MONR=2-R3-204,.in the amount of $ 8,845.00, for a project entitled, FKOC SUPPORT- -HOUSING: SUBSTANCE ABUSE EDUC_& RELAPSE PREV, for the period of 10/0i/2014 through 09/30/2015, to be - implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. (Sig re: of Subg tee's Authored Official) . . ct L • 1�o N . 2. f r'.1I C h i f l'►'�GC YI (Typed Na. and Title of Ofticlal Dn l'02 1. ol�-nTy JOrt. ed 0 t ' 0YiN't 1 SS 10 rl e- �S (Name of Subgrantee) iA0. j (Date _ f A eptence) SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe lCounty. Board of Commissioners Date of Award: Grant Period: From: 10/01/2014 TO: 09/3012015. Project Title; FKOC SUPPORT HOUSING: SUBSTANCE ABUSE EDUC & RELAPSE.PREV Grant Number: 2015=JAGC-MONR-2-R3-204 Federal Funds: $ 8,845.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 8,845.00 .CFDA Number: 16.738 Award is hereby made in the. amount and for the period shown above of a sub -grant under Part E of Title I of the Omnibus Crime Control and Safe StreetsActof 1968 as amended Subpart of such part (42 U:S.C. 3751-3759); the , Consolidated Appropriations Act, 2008, Public Law 110-161; and Public Law 109-162, Title XI, Department of.Justice Reauthorization, Subtitle B, Improving the Department of Justice's Grant Programs, Chapter 1, Assisting Law Enforcement and Criminal Justice Agencies, Section 1111, Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and, Administrative Guide. for Grants, Guideline Manual 71001 D, Office of Justice Programs, Common Rule for State, and Local, Governments and.A-87, or.OMB Circulars A-110 orA-102; as applicable, and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reason ably. prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L..100-690. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the.date . of award, a properly executed Certficate of Acceptance of Subgrant Award is returned to the Department. 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: Danny Kolhage Title: Mayor Address: 530 Whitehead Street 1 Suite 102 City:. Key West . State: FL Zip: 33040-6547 Phone: 305-292-3440 Ext: Fax: Email: boccdisl@monroecountyA.gov Chief Financial Officer ' ' Nam®: Amy Heavilin t Title: Clerk of Court Address: 500 Whitehead Street City: Key West State: FL Zip: 33040-3110 Phone: 305-295-3130 Ext. Fax: Email: aheavilln@monroe-clerk.com I i i Application Ref # 2015-JAGC-2627 Section #1. Page 1 of 2 I Contract. 2015-JAGC-MONR-2-R3-204 1 Rule Reference 11D-9.006 OCJG-005 (rev. October 2005) 1 Application for Funding Assistance Florida Department of. Law Enforcement Justice Assistance Grant -County -wide Implementing Agency. , Organization Name: Monroe County.Board of Commissioners i County: Monroe Chief'OfFicial Name: Danny. Kolhage Title: Mayor Address: 530 Vyhitehead Street Suite 102 City: Key West State: FL zip: 33040-6547 Phone: 305-292-3440 Ext:. Fax:. . Email: boccdisl@monro.ecoun.ty-fl.gov Project Director Name: Laura Deloach-Hartle Title: Senior. Administrator- Grants & Special Projects. Address: 1100 Simonton Street Room 2-285 City: Key West State: FL zip: 33040-3110 Phone: 305-292-4482 Ext: Fax: Email: deloachhartie-laura@monroecounty-fl.gov, Application Ref # 2015 JAGC-2627 Section #1 Page 2 of 2 Contract 2015,JAGC40NR-2-R3-204 Rule Reference 11 D-9.006 6CJG-005 (rev. October 2005) • General Project Information Project Title: FKOC SUPPORT HOUSING: SUBSTANCE ABUSE EDUC.&. RELAPSE PREY Subgrant Recipient:, Monroe County Board of Commissioners Implementing Agency. Monroe County Board of Commissioners Project Start Date: 10/1/2014 End Date: 9/30/2015 Problem Identification Abstinence and relapse prevention is the most important part'of substance abuse recovery and the most successful relapse prevention program.is one that can be reliably sustained over a long period of time: Frequent urine testing has been shown to increase the probability of remaining abstinent from alcohol and illegal drugs. - Alcohol and substance abuse prevention and education programs are essential components in helping individuals heal and attain lives of sobriety; independence and self-sufficiency as contributing members of our community. Between the period of 10/01/2019 to the date of this application 08/01/2014 FKOC has. provided housing and supportive services to two hundred seventy one (271) adults, 73% of those individuals equating to one hundred ninety nine (199) individuals served have a documented history with the criminal justice system; including repeat offenders, chronically homeless, alcohol and/or substance abusers, and individuals living with serious mental illness requiring continuous mental health care, observation, and medication management. Addiction and relapse very often precipitates offender recidivism.. The greatest potential to reduce re -incarceration and drug relapse among offenders is a continuum of treatment individualized Care; one that incorporates the need for complimentary services such as supportive housing, intensive case management, peer -to -peer supportgroups, life skills education and education to minimize the risk of relapse. Reporting for grant year October 1, 2013 through August 1, 2014- FKOC. has thus far admitted one hundred ninety nine (199) adults with a criminal background.historyinto one of our seven residential facilities. Referrals have been made by the Offender Release Program and courts, Monroe County Sheriffs Office CARE4U Jail Diversion Program,The Guidance/Care Center, and other community partners. Under the current grant year, FKOC administered 5,905 drug tests through August 1, 2014. During 2013 81 % of FKOC clients exited the program clean and sober with housing stability and . increased income. One hundred percent (100%) of clients served by the Edward Byrne Memorial Justice Assistance Grant Program Will receive individualized case management and additional -services including life skills education; life enrichment programs; health education/screenings; support with crisis intervention, transportation assistance, advocacy and links to community and mainstream resources. Application Ref # 2015-JAGC72627 Section #2 Page 1 of 3 Contract 2015-JAGC-MONR-2-R3-204 Rule Reference 11 D-9.006 OCJG-005 (rev: October 2005) Application for Funding Assistance Florida Department of Law. Enforcement. - Justice Assistance Grant - County -wide Project Summary (Scope of Work) All clients served under the Edward -Byrne Memorial Justice Assistance Grant Program will have a documented history with the criminal justice system. Clients are tested frequently and randomly for drug and alcohol use FKOC's experience has been that requiring ex -offenders with a history of substance abuse to seek treatment and participate in relapse prevention activities is not so much that coercion may improve the individual's chance of continued sobriety and reduce the likelihood of reoffending;.but that relapse prevention programs do indeed improve coercion's dismal record, -particularly the risk of incarceration, in.reducing-criminal behavior.. Drug tests detect.the use of alcohol, cocaine, THC; Amphetamines; benzodiazepine, opiates, synthetic cannabis and oxycodone. FKOC will purchase testing supplies. and -administer a minimum 7026 alcohol/drug tests between October 1, 2014.and September 30, 2015. FKOC's Byrne/JAG grant funded supportive services will be limited strictly to Alcohol and,drug abuse relapse prevention and education alcohol and drug testing for approximately 65-75% of our residential. population (78.% as'of today's date), who are currently involved with or have a history with the criminal justice system. Currently, 48% are repeat offenders. Drug -testing supplies are received at Neece Recovery Center where test kit boxes are marked with a "B" (for Byrne) are kept separate from the test supplies for the general population.'The kits are inventoried, locked, and stored at the Neece Center. A master list of clients is on file at Neece and individuals are identified as having a criminal background or not. Tests are distributed to the different housing sites on an as needed basis. Staff/Client Monitors are instructed to use the "B" tests only for those with a criminal background. Each client has an individual test resultssheet in . a notebook. This sheet also identifies -if they have:a criminal background or not. Each phase of the program is required to submit a weeklytesting report. The report tracks the number of tests given, how many of those were given to those with a criminal background, and how many to the, general population. This allows FKOC to keep track of the, inventory which has been distributed . and used. A visual inspection/count of all test kits is conducted bi=monthly. Application Ref # 2015-JAGC-2627 Section #2 Page 2 of 3 Contract' 2015-JAGC-MONR-2-R3-204 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide. Section Questions:. Question: Does the Subgrantee receive a. single grant in the amount of $500,000 or more from - the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive.a single grant in the amount of $500,000 or more from the U.S. Department of,Justice? Answer: No Question: Part 1.: In your business or organization's preceding.completed fiscal year, did your business or organization (the subgrantee) receive (1) 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual . gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? If yes, answer "yes" or "no" to Part 2, below. Answer: No Question: Part 2: Does the public have access to information about the compensation of the executives in your. business or organization (the subgrantee) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or se6tion.6104 of the Internal Revenue Code of 1986? If answer.to Partg1 above; was "no; answer N/A. a Answer: N/A Question: Do the Subrecipient and Implementing agencies understand that this is a cost - reimbursement agreement for satisfactory performance of eligible activities? . Requests for reimbursement may be submitted quarterly or monthly as designated in the'Financial Section of the agreement. Requests for reimbursetent will be processed in conjunction with receipt and review of programmatic performance reports to determine successful completion of minimum performance for deliverables as -specified in the agreement. Answer: Yes Application Ref # 2015-JAGC-2627 Section #2 Page 3 of 3 Contract 2015,1AGC=MONR-2-R3- Rule Reference I ID-9.006 OCdG-005 (rev: October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -.County-wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 003 - Prevention and Education Programs State. Purpose. Area: A -Accomplishments: Includes .any accomplishments during the reporting period_ Activity Description Activity: Drug Prevention Education Target Group: Adults - Male.or female* 1 Geographic Area: Urban t Location Type: County -Wide Addresses) a = FKOC . 2221. Patterson Ave.. key West, FL 33040 Objectives and Measures Objective: Al - Report on program accomplishments Measure: Part 1 Please briefly describe what your program's accomplishments will be. Please include any benefits or changes to be observed as a result of JAG -funded activities; such as program completion, or changes in attitudes, skills, knowledge,'or •.'' conditions. [500-character limit] Goal: A minimum of one hundred seventy-five (175) individuals will receive testing for alcohol and/or substance use during the 12-month grant period. All clients served will have a documented history with the criminal justice system. - Objective: A2 - Report on usage of crimesolutions.gov Website Measure: Part 1 Will you be using the crimesolution6.gov website? Goal: No i Objective:. A3 - Report on subgrants from grantees otherthan FDLE j Measure: Part 2 ' If yes, enter grantee organization or agency name. - I I i Application Ref # 201&JAGC-2627 Section #3 Page 1 of 5 Contract 2015-IAGC-MONR-2-R3- Rule Reference 11 D-9.006 001G-005 (rev. October 2005, Application for Funding Assistance Florida Department of Law Enforcement . Justice Assistance Grant= County -wide Goal: N/A Measure: Part-1 Are you a subrecipient of a JAG award from another JAG grantee (other than FDLE)? An agency can be a primaryrecipient of a JAG award from BJA and a subrecipient of a. JAG award from another JAG award primary recipient. Do not consider awards that you receive directly from USDOJ. Goal: No i State Purpose Area:: PE Prevention and Education: Includes activities where individuals are served, directly or indirectly. Activities may include one-time events, services, or events and services that occur on a continual basis. A Activity Description Activity:. Prevention -and -Education i Target Group: Prevention and Education Geographic -Area: Urban Location Type: County -Wide Address(e&) FKOC 2221 Patterson Ave. key West, FL 3.3040 .Objectives and Measures Objective:. PE1 - Report on JAG. funding allocated for prevention and education Measure: Part 1.. _ How much JAG funding has been allocated for Prevention and Education? Please. report in dollars ($). Goal: $8,845.00.. Objective: PE2 - Provide prevention or education programs Measure: Part 4. How many prevention or education programs will you implement? Goal: 1 ` Measure: Part 2 i Of the prevention or: education programs to, be implemented, how many will be substance abuse prevention or education programs? I 1 Application Ref # 2015=JAGC-2627 Section #3 Page 2 of 5 3 Contract 2015-JAGGM0NR-2-R3- Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide • • , Goal: 1 Measure:. . Part 3 What types of prevention or education programs will you provide? In your response, please list all that apply from. the following choices:. Anti -gang, Anti -drug, Cognitive, - Crime Prevention, Drug Prevention, Educational, Employment,. Gang Resistance, GED; Housing, Job Skills, Mental Health, Mentoring, Pro -social, Substance Abuse,. Truancy, Vocational, :Other. Do not select other if your item fits into any of the categories above..lf.other, state "other" and specify. Goal: Drug Prevention & Substance Abuse Objective:. PE3 -Serve participants in ongoing programs Measure: Part 1 -How many participants will the program serve? Please report the number of participants for ongoing programs and not one-time events. Goal: 175 Measure: Part.2 Of those participants to be served, how many will be NEW participants?, Goal: 175 -Objective: PE4 - Develop prevention or education program materials Measure:: Part.1 How many types of prevention or education program materials: will be developed? Please report the number.of distinct types of materials developed. In your response, please list all that apply and the number of each from the following choices: Brochures, Pamphlets, and Posters; Presentations; -E-mails; . Webinars; Websites; Web -based presentations; Other., Do not select other if your item fits into any of the categories above. If other, state 'other" and specify. Goal: None Measure: Part 2 Of the prevention or education program materials to be developed, how many types will be related to substance abuse?. Please report the number of. distinct types of materials to be developed. In your response, please list all that apply and the number of each from the following choices: How many types -of prevention or education program materials have been developed during the reporting period? Please report the number of distinct. types of materials developed. In your response, please list all that apply and Application Ref # 2015-JAGC-2627 Section #3 Page 3 of 5 Contract 2015-JAGC-MONR-2-R3- Rule Reference IID-9.006 OCJG-005 (rev: October2005) Application for Funding Assistance Florida Department of Law. Enforcement Justice Assistance. Grant � County -wide §equon::3.?,-,;eL6rto the number of each.from the following choices: Brochures; Pamphlets, and Posters; Presentations; E-mails; Webinars; Websites; Web -based presentations; Other. Do not select other if your item fits into any of the categories above. If other, state "other" and specify. Goal. N/A Measure: . Part 3 How many educational activities and materials will be disseminated. Please report the total number of materials to be'distributed (not the number of copies), such as brochures, pamphlets, and posters. Goal:. 0 Measure:, Part 4 Where .will the materials be disseminated? .In your response, please list all that apply from the following choices: . Events Targeting Youth -and Teens, b Government Agencies, q Schools, Youth Groups, Other. Do not select other if your item tits into'any of the categories above. If other, state "other" and specify. Goal: N/A Measure: Part 5 What other prevention -related or educational media will be used to disseminate prevention and education information? In your response, please list all that apply from the following choices: Listserv, Radio (Advertisements or Program Specials), Social Media (e:g., Facebook, Twitter), Television Advertisement (Commercial, Public Service Announcement [PSA], or Special), Webinars, Other. Do not select other if your item fits into any of the categories. If, other, state "other" and specify. Goal: WA Application Ref # . '2015-JAGC-2627 . Section #3 Page 4 of 5 Contract 2015-JAGC-M0NR-2-R3- Rule Reference 11.D-9.006 OCJG-005 (rev. October 2005) Application for Funding Assistance Florida Department -of Law. Enforcement Justice.Assistance Grant =County -wide. General Financial Info: Note:, All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant:. Quarterly Is the subgrantee a state agency?:. No FLAIR ! Vendor Number: 5960.00749 Budget: Budget Category Federal Match Total. Salaries and Benefits $0.00 , $0:00. -$0.00 Contractual Services $8,845.00 :.$0.00 $8,845.00 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 -- $0,845.00 $0.00 $81845.00 Percentage 100.0 6.0 100.0 Project Generated Income: Will the project earn project generated income ,(PGI) ? No Application Ref # 2015-JAGC-2627 Section #4 Page 1'of 3 Contract 2015-JAGC-M0NR-2-R3- Rule Reference I ID-9.006 OCJG-005 (rev. October2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide Budget Narrative:, Budget Category: Contractual Services Project Expenses: Alcohol and Drug Test Kits 8,845.00 Total Budget: 8,845.00 Individual test screens range from $.75 to $3.40 depending upon the substance type. Average kit cost 1.24. Monroe County will provide additional funding to Florida Keys Outreach Coalition. A copy of the executed contract will be sent to FDLE. Application Ref # 2015-JAGC-2627 Section #4 Page 2 of 3 Contract 2015-JAGC-MONR-2-R3-204 Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005) Application for Funding: Assistance Florida Department of Law Enforcement Justice Assistance Grant —County-wide • Section Questions: Question: If salaries and benefits are included in the, budget as actual costs foe staff In the implementing agency, is there a net personnel increase, -or a continued net personnel -increase from the previous Byrne program? Answer: N/A Question: If benefits are to be. Included, are they reflected in'the budget narrative?. Answer:. N/A Question: Indicate -the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is -the sheriffs office. Answer: N/A Question: If indirect cost is included in the budget; indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: N/A Question: If the budget includes services based on unit.costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the. basis wasestablished or updated. Answer: Alere Toxicology, Inc. TESTS STICKS Cost❑ TOTAL Multipanel 200 3.4do 680.00 Alcohol 2,376. 2.00., 4,752.00 Cocaine 1,6500 1601,237.50 THC 1,8750 .75 1,406.25 Oxy 2000 .750 150.00 Opi/Mor 275 .750 206.25 Amp 250❑ .750 187.50 Benzo 3000 .750 225.00 TOTAL 7,1260 $8;844.50 . Application Ref # 2015-JAGC-2627 , Section #4 Page 3. of 3 Contract 2015-JAGC-M0NR-2-R3- Rule Reference 11 D-9.006 OWG-005 (rev. October 2005) ps�s�r.or,,a1. Florida Department. of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 (850) 617-1250 criminaliustice0fdle.stateftus Edward Byrne Memorial Justice Assistance Grant (JAG) Program STANDARD CONDITIONS SFY2015 JAG Standard Conditions Page 1 of 23 Rev. 09/2014 SFY2015 JAG Standard Conditions Page 2 of 23 Rev. 09/2014 Conditions of agreement requiring compliance by units of: local government (subgrant recipients), implementing .agencies, and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of, this subgrant, the approved application and the .following terms of - conditions will become binding. Failure to comply with provisions of this agreement will -result in required corrective action up to and including project costs being disallowed and termination of the project, ,as specified in item 19 of this section. 1.. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of -the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) (www.oip.usdoi.gov/financialguide/index.html and the.. Edward Byrne. Memorial Justice Assistance Grant (JAG) program guidance (www.boa.qov/PrograrriDetails.aspx?Program ID=59 ) as well as Federal statutes, regulations, policies, guidelines and requirements and' Florida laws and regulations including but not limited to: • Florida Administrative Code, Chapter III)- 9, "Edward- Byrne Memorial State and Local Law Enforcement Assistance Formula Grant -Program": www.flruies.org/ • Office of Management and Budget (OMB) Circulars: www.whitehouse.gov/omb/circulars o A-21 (2 CFR 220), "Cost Principles for Educational Institutions" o A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" o A-102, "Grants and Cooperative Agreements with State and Local Governments" o A7110 (2 CFR 215), "Uniform Administrative Requirements for Grants . and Cooperative Agreements" o A-122 (2 CFR 230), "Cost Principles for Non -Profit Organizations" o A-133, "Audits of States, Local Governments, -and Non -Profit Organizations" • Code of Federal Regulations: www.gpo.gov/fdsys/ o 2 CFR 175.15(b), "Award Term for Trafficking.in Persons" - o - 28 CFR 38, "Equal Treatment for Faith -Based Organizations" 0 28 CFR 66, "U.S. Department of Justice Common Rule for State- And Local Governments" (Common Rule) o 28 CFR 83, "Government -Wide Requirements for Drug -Free Workplace (Grants)." o 28 CFR 18, 22, 23, 30, 35, 42, 61, and 63 •. Public- Law 109-162, Title XI —Department of Justice Reauthorization, Subtitle B—Improving_ the Department of Justice's `Grant Programs, Chapter 1—Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: www.bia.gov/ProgramDetails.aspx?Program ID=59. • United States Code: wWw.gpo.gov/fdsys/ o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 1968 • State of Florida General Records Schedule .GS1-SL for State and Local Government Agencies:htti)://dlis.dos.state.fl.usibarm/gensched ules/GS2-2008-Rev2010.Ddf • State. of Florida Statutes 215.971 (Agreements funded -with. federal or state assistance) and 216.985 (Transparency in government spending) 2. Requirements for Contractors of Subgrant Recipients The-subgrant recipient assures the compliance of all contractors with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended,(42 U.S.C. 3711 et seq. at www.-qpo.gov/fdsys/); the provisions of the current edition of the Office of Justice Programs Financial Guide (w8w.oip.usdoi.qov/financiai4uide/index.htm); and all other applicable federal and state laws, orders, circulars, or regulations. - SFY2015 JAG Standard Conditions Page 3 of 23 Rev. 09/2014 3. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments," or OMB Circular A 21, "Cost Principles for Educational Institutions." b. All procedures employed. in the use of federal funds for any procurement shall be according to U.S. Department_ of Justice Common Rule for State and Local Governments, or OMB Circular A-110, or OMB Circular A-102, and Florida law to be eligible for reimbursement. 4. Reports a. Project Performance Reports (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within fifteen (15) days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the ''original" project period, .additional Quarterly, Project Performance Reports ;shall' be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 19, Performance of Agreement Provisions. (2) Report Contents: Performance Reports must include a response to all objectives included in your subgrant. A detailed response is required in .the narrative portionfor yes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions, being taken to resolve the problems. Additional information may be required if necessary to comply with federal reporting requirements. (3) Submission: Performance Reports. may be submitted by the Project Director, Application Manager, or Performance.Contacts: b. Financial Reports (1) Project Expenditure Reports. (a) . The subgrant _ recipient shall have a choice of submitting either a Monthly or a Quarterly. Project. Expenditure Report to the Department. Project Expenditure Reports are due thirty (30) days after the end of the.reporting period. In addition, if the subgrant award period is extended,. additional Project Expenditure Reports shall. . be submitted. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and -provided by the . Office of Criminal Justice Grants.(OCJG) through the SIMON (Subgrant.information Management ON -line) (c) All Project Expenditure Reports shall be submitted in sufficient detail for.proper:pre-.. audit and post -audit. (d) Before the "final" Project -Expenditure Report will be processed,. the subgrant recipient must submit to the. Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to' be submitted even when no reimbursement. is being requested. SFY2015 JAG Standard Conditions . Page 4 of 23 Rev. 09/2014 .(f) The report must be -electronically signed by the -subgrant recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. (2) Financial Closeout Audit (a) The Financial.Closeout Audit shall be submitted to the Department.within forty-five (45) days of the subgrant expiration. date. (b) The -Financial Closeout Audit must be.electronically signed. by the subgrant recipient or implementing agency's Chief Financial Officer or the Chief .Financial Officer designee. (3) Project Generated Income (PGI) (a) If applicable, the subgrant recipient shall submit.- Quarterly PGI Earnings and - Expenditures Reports to the Department within thirty. (30) days after the end of. the. reporting period covering subgrant project generated income and expenditures during the previous quarter. If any PGl remains unspent after the subgrant ends -the. subgrant recipient must continue submitting quarterly PG,I reports .until all funds are.. . expended. (See Item 1.1, Program Income.) . (b) - PGI Earnings and Expenditures reports must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. .c. Other Reports The subgrant recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department: 5. Fiscal Control and Fund Accounting Procedures a., All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and A-110, . or A7102 as applicable, in their entirety. 6. b. The subgrant recipient is required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded .to them. As a subgrant recipient, you must have a financial management system in place that is able to. record and . report on the receipt, obligation,- and expenditure of grant funds. An adequate accounting system for a subgrant recipientmust be able -to accommodate.a-fund and account structure. to separately track receipts,. expenditures, assets, and, liabilities for awards, programs, and subgrant recipients. c. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. d. All funds not spent in accordance with -this agreement shall be subject to repayment by the . subgrant recipient. Payment Contingent on Appropriation and Available Funds The State of Florida's. performance and obligation to pay under this -agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal funds. 7. Obligation of Subgrant. Recipient Funds. Subgrant funds shall not under any circumstances be obligated prior to the effective date, or subsequent to the termination date, of the subgrant award period: Only project costs incurred on . or after the effective date, and, on or prior to the termination date, of the subgrant :recipient's SFY2015 JAG Standard Conditions- Page 5 of 23. -Rev. 09/2014 project are eligible for reimbursement. All payments must be completed within thirty (30) days of the. end of the subgrant period. 8. Advance Funding - Advance funding may- be provided .to a subgrant .recipient upon a written request to the Department. The request must be electronically signed by the subgrant recipient or implementing agency's Chief Financial Officer.or the Chief Financial Officer designee. 9. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG. funds. The trust fund may or may not be an interest bearing account. b. The account may earn interest, but any earned interest must be .used for program purposes. . and expended before the federal grant period end date. Any unexpended interest remaining at the end of the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 10. Travel*and Training The cost of all travel shall -be reimbursed according to the subgrant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to State of Florida Travel Guidelines § 112.061, Fla. Stat. Any foreign travel must obtain prior written approval. 11. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a subgrant project -shall be deemed , program income: b. Any project that will potentially earn PGI must submit an Earnings. and Expenditures Report to report how much PGI was earned during eachquarter. A report must be submitted -each quarter even if no PG[was earned or,expended. PGI Earnings and Expenditures reports . must be electronically signed by the subgrant recipient or implementing agency's. -Chief Financial Officer or the.Chief Financial Officer designee. . c. PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of and under the conditions applicable to . the award. If the cost is allowable under the federal grant program, then the cost would be allowable using program income. PGI budget requests must be signed by the subgrant recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. d. Program income should be used as earned and expended as -soon as possible. Any unexpended. PGI remaining at the. end of the federal grant period must be submitted to OCJG for transmittal to. the Bureau of Justice Assistance. 12. Approval of Consultant Contracts The Department shall review and .approve in writing all consultant contracts prior to: employment of a consultant when the consultant's rate exceeds $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 subgrant recipient 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. 13. Property Accountability a. The subgrant recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat. SFY2015 JAG Standard Conditions Page 6 of 23 Rev. 09/2014 b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local. Governments or the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long -as the subgrant recipient retains the property, notwithstanding expiration of this agreement._ 14. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, .produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A=110 or A-102, as applicable. 15. Copyright The awarding agency reserves a royalty -free non-exclusive, and irrevocable license to reproduce, .publish, or otherwise use, and authorize others to use, for federal government -purposes: a. The copyright in any work developed under an award or subaward,. and b. Any rights of copyright to which a subgrant recipient or.subrecipient.purchases ownership.. with support funded under this grant agreement. 16. 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. a. Unless there is a prior agreement -between the subgrant recipient:and the Department on disposition of such items, the Department may determine whether protection on the invention or discovery will be sought. b. 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). c. Government regulations have been issued in Title 37 CFR Part 401, by the U.S. Department of Commerce. 17. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training . materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at .least thirty (30) days prior to the targeted dissemination' date. The subgrantee 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.omp.usdon.gov/funding/omptraininqquidinqprinciples.htm All materials publicizing or resulting from award activities shall contain the following statements: "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". SFY2015 JAG Standard Conditions Page 7 of 23 -Rev. 09/2014 18. Audit a. Subgrant recipients that expend $500,000 or more in a year in federal awards shall have a single or program -specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida. Department of Law Enforcement and include the contract number, CFDA number, . award amount, contractperiod, funds received and disbursed. When applicable,. the subgrant recipient shall submit an annual financial audit that meets the requirements of § 11.45, Fla. Stat. , _"Definitions; duties; authorities; reports; rules."; § 215.97, Fla. Stat., "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and .For -Profit Organizations." b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In- order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date. of .the audit report in instances of noncompliance with federal laws and regulations. e: The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in federal awards during a fiscal year are exempt from the audit requirements, of OMB Circular A-133 for that fiscal year. In. this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the . Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. . g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. A scanned copy of the completed audit reports or a link to the electronic audit report should be sent via email to criminaliusticee-fdle.state.fl.us or mailed to the following address: 'Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 19. Performance of Agreement Provisions In -the event of default, non -compliance -or violation of any provision of..this agreement by the .subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall. impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. _ In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. SFY2015 JAG Standard Conditions Page 8 of 23 Rev. 09/2014 20. Commencement of Project a. .If a project is.not operational within -60 days of the original start date of the award period, the subgrant recipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b. If a project is not operational within 90 days of the original start date of the award period, the subgrant recipient must submit a second statement to the Department explaining the implementation delay.- c: Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re - obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend. the starting date of the project past the ninety (90) day period, but only by formal written adjustment to this agreement. 21. Excusable Delays a. Except with respect to defaults of consultants, the.subgrant recipient shall not. be in default by reason of any failure in performance of, this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance)- if such failure arises out of causes beyond the control and without the. fault or negligence of the subgrant recipient. Such causes include, but are not limited to; acts of God or.of the public enemy, acts of -the government in either.its sovereign or.- contractual capacity, fires, floods, epidemics, quarantine restrictions; strikes, freight embargoes, and unusually. severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or -make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered -the subgrant recipient .in writing to procure such supplies or services from othersources, and (3) The subgrant recipient failed -to reasonably comply with such order. c. Upon request of the subgrant recipient; ,the Department shall ascertain the facts and the extent of such .failure, and if the Department determines that any failure to perform was- -occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 22. Grant Adjustments a. Subgrant recipients must submit a grant adjustment through SIMON for major substantive changes such as changes in project activities or scope of the project, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that 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. b., .Subgrant recipients may transfer up to 10% of the total budget between current,approved budget categories without prior approval as long as the funds are transferred to an existing line item. c. Under no circumstances can transfers of funds increase the total budgeted award. - SFY2015 JAG Standard Conditions Page 9 of 23 Rev. 09/2014 d. Requests for changes to the subgrant agreement must be electronically signed -by the subgrant recipient or implementing agency's chief official or the chief official's designee. 23. Disputes and Appeals a. The Department shall- make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shalldistribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in, writing within twenty=one (21) calendar days to the Department's clerk (agency clerk). The . subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. Stat., and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 24. 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. 25.. Access to Records a. 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 subgrant recipient, implementing agency and contractors for the purpose of, audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves-theright to unilaterally. terminate. this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, -papers, letters, or other- materials subject to provisions of § 1191 Fla. Stat., unless specifically exempted and/or made. confidential by operation of § 119, Fla. Stat., _and made or received .by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient will give the awarding agency or .the General, Accounting Office, through any authorized representative," access. to and the right to .examine all paper or electronic records related to the financial assistance. 26. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum.of five (5) years from the date of the final financial statement and be available for audit and public: disclosure. upon request of duly authorized persons.. The subgrant recipient shall comply with . State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: http://dlis.dos.state.fl. us/barm/aenschedules/GS2-2008-Rev20.10.pdf 27. Personnel Changes Upon implementation of the project, in the event there is a change .in Chief. Officials for the . Subgrant recipient 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. If the project director changes, a grant adjustment must be entered in SIMON to reflect the change. 28. Background Check Whenever a.background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of § 435, Fla: Stat. shall .apply SFY2015 JAG Standard Conditions Page 10 of 23 Rev. 09/2014 a. All positions in programs providing care to children, the developmentally disabled, or. vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are. deemed . to be persons and positions of special trust or responsibility and require employment screening pursuant to §' 435, Fla. Stat.,_ using the level- 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be .required to. undergo security background investigations as a condition of employment and continued - employment. . For the purposes. of the. subsection, security background investigations shall include, but not be limited to; employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal. criminal records checks through the Federal Bureau of Investigation, and may include local, criminal records -checks through local law enforcement agencies. (1) Any person who is. required. to undergo such a security background investigation and who refuses to cooperate in such investigation or.refuses to.submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background_. investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing_ agency or by an authorized law enforcement officer and submitted to the Department of :Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing. agency shall reimburse the Department of Law Enforcement for any'costs .incurred by it in .the. processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers; the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and_ plan fore systemic impacts such as increased court dockets and the need for detention space. -31. Criminal Intelligence System a. The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds. will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if. the Office of Justice Programs determines this .regulation to be.applicable. Should.the Office. of. Justice Programs determine 28 C.F.R. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of . the system, as per 28 C.F.R. 23.20(g). Should any violation of 28 C:F.R. Part 23 occur, the subgrant recipient may be fined as per 42..U.S.C. 3789g(c)-(d). The subgrant recipient may not satisfy such a fine with federal funds. b.. The subgrantee 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 subgrantee agrees the. 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. SFY2015 JAG Standard Conditions Page 1-1 of 23 Rev. 09/2014 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, Understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the. Office of Justice Programs Financial Guide is required.from all projects that are involved with confidential funds. The. signed certification must be submitted at the time of grant application. 33. Civil, Rights Compliance a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of . race, color, national origin, religion, sex, disability, or age in funded programs or activities: All . subgrant recipients, implementing agencies; and contractors must comply withany 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 (4-2 U.S.C.-§ 10604(e)); The Juvenile Justice and Delinquency- Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the'Rehabilitation Act of 1973 (29 U.S.C. §.7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972.(20 U.S.C. §§1681; 1683; 1685-86); the -Age Discrimination Act of 1975 (42 U.S.C. §§ . 6101_-07); and Department of Justice Non -Discrimination . Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith based and community organizations). b. FDLE does not discriminate on the basis of race, color, religion, national origin, sex, disability, or age in the delivery of services or benefits or in employment. The subgrant recipient.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. c. Subgrant recipients are responsible for ensuring that contractors, vendors, and agencies to whom they pass -through funds are in compliance with all Civil Rights requirements and that the contractors, vendors, and agencies are aware that they may file a discrimination complaint with the subgrant recipient, with FDLE, or with the Office for Civil Rights and how to do so. d. Equal Employment Opportunity Plans (1) A subgrant recipient or implementing agency must develop an' EEO Plan if it has 50 or. more employees and it has receive_ d any .single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at www.oip.usdoi.4ov/abouttocr/eeop comply.htm, - must be retained by. the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. (2) If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000_ or more from the Department of Justice, it must submit its.plan to the Department of Justice for approval..A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. (3) A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a. medical or educational institution, or an Indian Tribe. If an. organization is exempt from the EEO Plan requirement, it must submit an -EEO Certification to FDLE.- (4) The subgrant recipient, and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of,the project start date may result in suspension or termination of funding, until such time as it is in compliance. SFY2015 ]AG Standard Conditions .Page 12 of 23 Rev.. 09/2014 e. In the event a federal or state court or federal or state administrative agency makes a finding. of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to FDLE and to the Office for Civil Rights, Office of Justice Programs. . f. In accordance with federal civil. rights laws, the subgrant recipient shall not retaliate against individuals for taking actionor participating in action to secure rights protected by these laws. g:..Subgrant recipients must include comprehensive Civil Rights/Nondiscrimination Provisions in all contracts funded by the subgrant recipient. h. If the subgrant recipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a.complaint with.the subgrant 'recipient, with FDLE or with the Office. for Civil Rights. Discrimination complaints maybe submitted to FDLE at Office of the Inspector General, Post Office Box 1489, Tallahassee, Florida 32302-1489 or online at infoCcDfdle.state.fl.us, Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 8107'h Street, Northwest, Washington, D.C. 20531, or by phone at (202) 307-0690. i. The subgrant recipient must have procedures in place for responding to discrimination complaints that employees and clients, customers, and program participants file directly with the subgrant recipient... J. The subgrant recipient must have written. policies or procedures in place for notifying program beneficiaries how to file complaints alleging discrimination by the subgrantee/implementing agency with FDLE or the OCR.. k. 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. I. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which -prohibits discrimination by public and private entities -on the basis of disability and requires certain accommodations be made with regard to . employment (Title 1), state and local government services and transportation (Title 11), public accommodations (Title III), and telecommunications (Title IV). m. Rehabilitation Act of 1973 (28 C.F.R. Part 42, Subpart G) If the subgrant recipient has.50 or more employees and receives DOJ funding of $25,000 or more, the subgrant recipient must take the following actions: -(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. Part 42, Subpart G, which prohibit discrimination on the basis of a disability in employment practices and the delivery of services. (2) Designate a person to coordinate compliance with the prohibitions against disability - discrimination contained in 28 C.F.R. Part 42, Subpart G. (3) Notify participants, beneficiaries, employees, applicants, and others that the subgrantee/implementing agency does not discriminate on the basis of disability. n. 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. SFY2015 JAG Standard Conditions_ Rev. 09/2014 Page 13 of 23 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. o. Title IX of the Education Amendments of 1972 (28 C:F.R. Part 54) If the subgrant recipient operates an education program or activity, the subgrant recipient must take the following actions: (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. Part 54, which prohibit discrimination on the basis of sex. (2) Designate a person to coordinate compliance with the prohibitions against sex discrimination contained in 28 C.F.R..Part 54. (3) Notify_ applicants foradmission and employment, employees,. students, parents, and others that the subgrantee/implementing agency does not discriminate on the basis of sex in its. educational programs or activities. p. Equal Treatment for Faith Based Organizations The subgrant recipient agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for . Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants. may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary.. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. The subgrantee 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 Wm.oip.gov/about/ocr/equal fbo.htm. 34. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs . unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)' of the INA. Such. violation by the subgrant recipient of the, employment provisions contained in Section 274A(e) of the INA shall_ be grounds for unilateral cancellation of this contract by the Department. 35. National Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and . other related federal environmental :impact analyses requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities" whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is,being conducted by the subgrant recipient or any third party and the activity needs to be -undertaken in order to use these subgrant funds, Accordingly, the subgrantee. 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 grantee agrees to contact FDLE OCJG. SFY2015 JAG Standard Conditions Page 14 of 23 Rev. 09/2014 (1) New construction (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice at www.bia.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. c. For any of a subgrant recipient's existing programs or activities that will be funded by these subgrants, the subgrant recipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program or activity. 36. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. General Requirement: The subgrant recipient agrees to comply with federal, state, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. The subgrant recipient 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. b. Specific Requirements: The subgrant recipient understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result. in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrant SFY2015 JAG Standard Conditions Page 15 of 23 Rev. 09/2014 recipient understands that it may implement these protective measures directly through the use of its own -resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned 'or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; . (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other -personnel assigned by the. subgrant recipient to either the seizure or closure of clandestine .methamphetamine laboratories; (3) As determined by their specific. duties, equip personnel assigned to the project with OSHA required protective wear and other requiredsafety equipment;. (4) Assign properly trained personnel. to prepare a comprehensive contamination report on each closed laboratory; .(5) Employ qualified disposal contractors to remove all chemicals and .associated . glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine -laboratory; (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories .at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal; and recycling components of subparagraphs.5 and 6 immediately above in order to ensure proper. compliance; (8) Have in place and implement an inter -agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing -federal and state requirements; and. (9). Have in place and implement a written agreement. with the. responsible state. or local . service agencies to properly respond to any minor, as defined by state law; at the site. This agreement must ensure immediate response by. qualified, personnel who can (i) respond to -the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in themeth lab activities or is subject to arrest for. other criminal violations; (iii) ensure immediate -medical- testing for methamphetamine ,toxicity; and.. (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity 37. ' Non -Procurement, Debarment and Suspension The subgrant recipient agrees to comply with. Executive Order 12549, Debarment and' Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subgrant is $100,000 or more, the subgrant recipient and implementing agency certify that they and_their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, -sentenced to. a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; b. Have not within a three -year -period preceding this application been, convicted of or had a. civil SFY2015 JAG Standard Conditions Page .16 of 23 Rev. 09/2014 judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,.or performing a public (federal, state, or local) transaction or -contract under a public transaction; violation of federal or state antitrust statutes or - commission of embezzlement,- theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving. stolen property; c. , Are not presently. indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) ' with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have' not within a three-year period preceding this application had -one or more public transactions (federal, state, orlocal) terminated for cause or default. 38. Federal. Restrictions on Lobbying a. Each subgrant recipient agrees :to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for - award of federal contract, grant, or cooperative agreement of $100,000 or more.- b. . This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 31 .USC 1352. Any person who fails to file the.required certification is subject to a -civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. As required by 31 USC 1352, and implemented at. 28 CFR 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR 69, the applicant certifies that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an. officer or . employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; (2) If any funds other than federal appropriated funds have been. paid or will be paid to any person for influencing or attempting_ to influence an officer or employee of any agency, a . Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federalgrant. or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL; "Disclosure of. Lobbying Activities," in accordance with its instructions; (3) The undersigned shall require that the language of this certification be included in the. award documents for all subawards at all -tiers (including subgrants, .contracts under grants and cooperative agreements,' and subcontracts) and that all subgrant -recipients. shall certify and disclose accordingly.' 39. State Restrictions on Lobbying In addition to the provisions contained in Item 38, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited -under this contract. 40. - Additional Restrictions on Lobbying The subgrant recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government. without the express prior.written approval of the Office of Justice Programs. SFY2015 JAG Standard Conditions. Page 17 of 23 Rev. 09/2014 41... `.`Pay —.to - Stay„ Funds from this award may not be used to operate a "pay -to -stay" program in any local jail. Furthermore, no funds may be given to local jails that operate. "pay -to -stay" programs. "Local jail;' as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to - stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as.offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or -similar offenders within a jurisdiction. 42. The Coastal Barrier Resources Act The subgrant recipient will comply- and assure the compliance ofall contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982.(16 USC 3501 et seq.) which prohibits the expenditure of most new. federal funds within the units of the Coastal Barrier Resources System. 43. _ Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to -- a.. -Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 44.. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrant recipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. . 45. Flood Disaster Protection Act The subgrant .recipient will comply with Section -102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, 'requiring -that the. purchase of flood : insurance in ...communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in .any area that has been . . identified as an area having special flood hazards. 46. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation_ Act of 1966 (16 U.S.C..§ 470), .Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C..§ 469 a-1 et seq.), and the National Environmental Policy Act of.1969 (42 U.S.C. § 4321). 47. Human Research Subjects Subgrant recipient agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 48. Global_ Standards Package In order to promote information sharing and enable interoperability among disparate systems across the justice and public.safety community, OJP- requires the grantee to comply with DOJ's . Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for - this particular. grant. Grantee shall conform to the Global Standards Package (GSP) and all SFY2015 ]AG Standard Conditions Page .18 of 23 Rev. 09/2014 constituent elements, where applicable, as described at: www.it.oip.4ov/gsp arantcondition. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that. protects shared information, or provide detailed justification for why an alternative approach is recommended. 49. Reporting,, Data Collection and Evaluation The .subgrant recipient agrees to comply with all -reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance. for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by FDLE. 50. Privacy Certification The subgrant recipient agrees .to comply with all confidentiality requirements of 42 U.S.C. section 3789g and-28 C.F.R. Part 22 that are applicable to collection, use, and revelationof data or information. Subgrant recipient further. agrees, as a condition of grant approval; to submit a_ Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23. 51. State Information Technology Point of Contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification .regarding any- information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various_ information - technology projects being conducted with these grant funds. In addition, the subgrant recipient agrees to maintain an administrative file documenting the. meeting of this requirement. For a list of State Information Technology Points of Contact, go to vMw.it.oup.-gov/default.aspx?area=r)olicyAndPractic6&peiqe=I 046 52. I nterstate'Con nectivity To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ; to the extent possible, existing . networks as the communication backbone to achieve interstate connectivity, unless the subgrant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost-effective or would impair the functionality of an existing -or proposed IT system: 53. Supplanting The subgrant recipient agrees. that funds received under this award will not be used to supplant state or local funds, but will be used to increase the amounts of such funds that would, in the -absence of federal funds, be made available for law enforcement activities. 54. Conflict of Interest The subgrant recipient and implementing agency will establish safeguards to prohibit employees from using their positions .for a purpose that constitutes or presents the appearance of personal or . organizational conflict of interest, or personal gain. 55. Uniform Relocation. Assistance and Real Property Acquisitions Act The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs. 56. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. SFY2015 ]AG Standard Conditions. Page 19 of 23 . Rev. 09/2014 57. Additional Required Certifications Employees Working Solely on a Single Federal Award For any position that works 100% of its time on a single federal award, the employee must certify that 100% of his or.her time was spent working on that federal award. This requirement applies to both full time and part time positions regardless of the percentage of the position's salary that is charged to the grant. The certification must be signed by both the employee and the employee's - direct supervisor having firsthand knowledge of the work performed by . the . employee. The forms must be submitted semi-annually and may not be signed.prior.to the end of the reporting period. Certifications must be provided to cover the entire grant period: Sole Source If the project requires a purchase of services or equipment from a sole source; the subgrant recipient must complete the'Sole Source Justification for Services. and Equipment Form. This .form must be submitted upon applicationif applicable and pre-approvalmust be obtained. If the cost is below $100,000, the form must be kept on file for review at monitoring. If the subgrantee 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 (F.S. 287.057(5)). ADP Justification . The subgrant recipient 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 and pre -approval must be obtained. Confidential Funds Certificate For all projects involved with confidential funds the subgrant recipient must submit a confidential funds certificate. This certificate certifies the Project Director has read, understands, and agrees to abide by the provision -in Chapter 8 of the Office of Justice Programs Financial Guide. This form must be submitted upon application if applicable. Sole Source, ADP Justification, Privacy Certification forms, and Confidential Fundscertifications, must be signed by the subgrant recipient or implementing agency chief official or an individual J with formal, written signature authority for the chief official. 68. 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. 59. Additional Documentation of Personnel for Department of Financial Services In accordance with. Section. 215.971, Florida Statutes, the Florida Department of Financial Services may require documentation validation that personnel services were performed, on project -related activities in accordance with the contract agreement. 60. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a ,principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. 61. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive,.task force officer-, or other task force member of equivalent rank, will complete required online (internet- based) task force training. The training is provided free of charge online.through BJA's Center for Task Force Integrity and Leadership (www.ctfli.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 SFY2015 ]AG Standard Conditions Page 20 of 23 Rev. 09/2014 as other key issues including privacy. and civil liberties/rights, task .force performance measurement, personnel selection, and task force oversight and accountability. When FDLE award funds to support a task force, the subgrant recipient must compile and maintain a task force. personnel roster along with. course completion certificates. Additional: information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.ora). 62. Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable . Subgrant recipient understands and agrees that it cannot use anyfederal 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. 63. High Risk Subgrant Recipients The subgrant recipient agrees- to comply with any additional requirements that may be imposed during the grant performance period if the U.S. Department of Justice determines that the subgrant recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. 64. 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, F.S., the subgrant recipient is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this subgrant and to establish workplace safety policies and .conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 65. System for Award Management (SAM) The subgrant recipient 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 thesubgrant recipient review and update the information at least annually after. the .initial -registration, and more frequently if required by changes in its information or another award term. 66. Maximum Allowable Salary . No- portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the subgrant recipient whose total annual cash compensation exceeds 110% of the maximum salary payable. to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. (The salary table for SES employees is available at http://www.opm.-gov/oca/payrates/index.asp. A subgrant recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.). This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 67. 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 hftps://www.nc*rs.gov/pdffilesl/nia/sIO01062.pdf In. addition, funds may not beused 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). . SFY2015 JAG Standard Conditions Page 21 of 23 Rev. 09/2014 68.. Interoperable Communications Guidance Subgrant recipients that are using funds to support emergency communications activities must comply with the current SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance. interoperable communications.' Emergency communications activities include the purchase. of .Interoperable Communications Equipment and technologies such. as voice-over-internet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) Waiver Order. SAFECOM guidance can be found at www.safecomprogram.gov/library/lists/library/DispForm.6spx?ID=334. Subgrant recipients Grantees interested in developing a public safety broadband network in the 700 MHz band in their jurisdictions must adhere to the technical standards set forth in the. FCC Waiver Order, or any succeeding FCC orders, .rules, .or, regulations pertaining to broadband operations in the 700 MHz public safety band. The subgrant recipient shall also ensure projects support the Statewide Communication Interoperability Plan (SCIP) and are fully coordinated with the full-time Statewide Interoperability Coordinator (SWIC). If any future regulatory requirement (from the FCC or other governmental entity) results in a.material technical or financial change in. the project, the recipient should submit associated documentation, and other .material; as applicable, for review by the.SWIC to ensure coordination. Subgrant recipients must provide a listing of all communications equipment purchased with grant award funding (plus the quantity purchased of each item) to FDLE once items are procured during any periodic programmatic progress reports. 69. Ballistic -Resistant and -Stab Resistant Body Armor Subgrant -recipients 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 canbe found at www.bia.aov/Fundinci/JAGFAQ.pdf. 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. . 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 standardinformation can be found at: www. n ii.pov/topics/technology/body-armor/safety-in itiative. htm. 70. BJA or FDLE_ Sponsored Events The subgrant recipient agrees to participate in BJA- or FDLE-sponsored training events, technical assistance events, or conference held by, FDLE or BJA or their designees, upon FDLE's or BJA's request. 71. Expenses Related to Conferences, Meetings, Trainings, and Other Events The subgrant recipient agrees to comply with all applicable laws, regulations, policies, and guidance (including specific cost limits, prior approval and reporting requirements, _where applicable) governing the use. of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent laws, regulations, policies, and. guidance is available at http://oep.gov/financialpuidiD/PostawardRequirements/dhapter15pagel .htm 72. Environmental Requirements -and Energy For subgrants in excess of :$100,000, the. subgrant recipient must comply with all .applicable standards, orders', or requirements issued under section .306 of the Clean Air Act (42 U.S.C. . SFY2015 JAG Standard Conditions Page 22 of 23 Rev. 09/2014 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). The subgrant recipient- 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. 73. Other Federal Funds The subgrantee 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 subgrantee 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. 74. 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, and /or. site visits. The recipient 'agrees to provide FDLE all .documentation necessary to complete monitoring of the award. Further, the recipient, agrees to abide by reasonable deadlines set by FDLE for providing requested documents.. Failure.to cooperate with .FDLE 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 an award(s). 76. 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. SFY2015 JAG Standard Conditions Rev. 09/2014 Page .23 of 23 RESOLUTION NO. 2b7 _2007 Administration ion RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROEEFFORTS COUNTYTO SEEK OUT AND APPLY FOR APPROPRIATE GRANTS TO OFFSET COSTS; WAIVING THE EXISTING REQUIREMENTS THAT EACH GRANT APPLICATION BE INDIVIDUALLY APPROVED BY THE EPT BOARD. PRIOR ACCEPTTO SUBMISSION AND AGAIN PRIOR TO REQUIRE A ACCEPTANCE OF THE To WHEN THE AWARD DOES NOT MATCH BY MONROE COUNTY; AND MAINTAINING ALL EXISTING REQUIREMENTS ACCEPTANCE FOR GRANT APPLICATIONS AND OF GRANT AWARDS THAT DO REQUIRE_ A MATCH BY MONROE COUNTY. WHEREAS, Monroe County has been i need to significantly cut budgets; and mpacted by recent legislature and the subsequent. WHEREAS, it is our desire to continue to provide outstaridin cuic se ts; the needs of our citizens, community, and environment -despite he mlpaet of thervlce se budget cuts; and WHEREAS, currently. the Board must approvb all submission, which can cause a delay of up to six w applications for grants prior to until he next submission cycle, as well as adding unnecessarily to the Board es he grant application agenda; and WHEREAS, it is unnecessary to delay acceptance of do not require any matching funds, again adding unnecessarily to he Board agenda;s awarded and County h WHEREAS, our heightened focus on pursuing a wider variety requires improved coordination between Divisions and will resuh in a sgtttficatirt°jy creased number of grant applications;. now, therefore, BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSION MONROE COUNTY, FLORIDA, HEREBY: ERS OF 1. Directs Division staff to coordinate grant Opportunity submission with the Project Manager to the County Adm nistr atoresearch and application 2. Waives the requirement that grant applications be submission, and authorizes the Coumy Administrrppo v by the Board before submission approval and execution ofrelated documents.mana8e grant application 3. Authorizes the County Administrator to accept award of grants that have no match criteria, and to execute related documents. PASSED AND ADOPTED by the Hoard of County Commissioners of Monroe County,. Florida. at a meeting of said Hoard held on the 18th day of July, 2007. Mayor DiGennaro Yea Mayor Pro Tem Spehar Yes Commissioner Neugent Yes Commissioner McCoy Ye` Commissioner Murphy Yes ��,� fir• •�• 411 BOARD OF COUNTY COMMISSIONERS r - OF MONROE COUNTy ORIDA OLHAGE, Clerk ' Depu Clerk Mayor/Chairman MONROE COUNTY ATTPFJNEY VED AS TO ZANN 01 COUNWR Date 0 4 o T: `t a r 0 10 D .� O CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (ESOP) Requirements r Please read catefrrlly the Instructions (see below)_ and then complete Section A or Section B or Section C, not all three. - Recipient's Name. -Monroe county Board of County Commissioners Address:lloo Simonton Street, Key West, FL 33040-3110 DUNS Number: 073876757 Grant Title: F—Supparewsmo np SubstowAbuse EdwdenaRN.p��P� Zm 77 Grant Number:2015-JAGC-2827 Name and.Title of Contact Person: Laura deLoach-Hartle, Grants Administer Award Amount: $ s,ea5 Telephone Number:3o5:2az.4gszI E-Mail Address: deloachhanie=laura@monroecounty-fl.gov Section A- Declaration Claiming Complete Exemption from the EEOP Requirement Please check all °the following boxes that apply. o Recipient has less than .fifty employees. a Recipient is an Indian tribe. ❑ Recipient is a medical institution. i o Recipient.is a nonprofit organization. ❑ Recipient is an educational institution. ❑ Recipient is receiving an award less than $25,000: i certify that . [responsible official) - not required.to prepare an EEOP for -the reason(s) checked above, pursuant to 28 C.F.R § 42.302. [recipient] is 1. further certify that . will com l ppp [recipient]. p y with applicable federal civil rights laws that.prohibit discrimination in employment and in the delivery of services: 'Print or.7)pe Name gird Title Signature Date Section B.—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an ESOP Is on File for Review Ifa recipient agency hasfifty or more employees and is receiving a single award or sirbativard of $2S, 000 or more; brit 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 C. F.R. § 42.305): j, Roman Gastesl, County Administrator certify that Monroe county Bocc [responsible official) which has fifty or more employees and is receiving a single award or subaward for -$25;000 or more, b trle stthan $500,000, .has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I as further twenty-four. months, the proper authority has formulated and signed into effect the EEO - her as regthat within the last tired by applicable federal law, it is available for review by the public, employees, the appropriate state planning agency, and the.Office for Civil.Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office: Calvin Allen, EEO officer, Monroe County 1100 Simonton Street, Key West, FL 33040-3110 [organization], laddr'ess].. Roman Gasteei, county Administrator . t' Print or Type Name and Title �� .l♦ T . gnatureWill Dale Section C —Declaration Stating that am EEOP Utilization Report Has Been Submitted to the Office for Civil Rights for Review If a recipient agency has frf y or more employees and is receiving a single award or subaward of SS00, 000 or more, then, the recipient agency must send an ESOP Utilization Report to the OCR for review. I, certify that [responsible official], eci which has fifty or more employees and is receiving a single award of $500,000 or more, has formulated anEEOPiplent]n accordance with 28 CFR. pt. 42, subpt. E, and sent it for review on Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice: [date] to the Print or Type Name and Title Signature Date . OMB Approval No. 1121-0340 Expiration Date: 05/31/14 . Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Typed Name and Title: Date: )2�Z�f2ct y Typed Name of Sub�nMQIp jt: Monroe County BOCC Signature: Typed Name and Title: Roman Gastesi, County Administrator Date: Typed Name of Imple� ANY Monroe County BOCC Signature: Typed Name and Title: om Gastesi, County Administrator Date: lc) 110114 Application Ref # 2015-JAGC-2627 Section #5 Page 1 of 1 Contract -JAGC-MONK- - - Rule Reference 11 D-9.006 OCJG-005 (rev. October 2005)