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Item C20 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: December 11, 2013 Division: OMB Bulk Item: Yes No Department: Grants Admin. Staff Contact Person: Laura deLoach-Hartle Ex1: 4482 AGENDA ITEM WORDING: Ratification of execution of the Certificate of Acceptance of Sub-grant Award for the Florida Keys Outreach Coalition Supportive Housing: Substance Abuse Education and Relapse Prevention project, using funds provided under the F[)LE Edward Byrne Memorial Justice Assistance (Sn]nt program, for the period from October 1, 2013through Septernber ]0, 2014. ITEM BACKGROUND: FDLE requires the Certification of Acceptance be completed and returned within 30 days from the date of award. Federal funds are provided through the Florida Department OfLaw Enforcement. The Substance Abuse Policy Advisory Board (SAPAB) reviews proposals and makes recommendations to BDCCfDr local funding of programs. PREVIOUS RELEVANT BOCCACTION: Approval to apply for grant funds was given at the July 2013 meeting. The MOU with the Florida Keys Outreach Coalition, Inc., the provider of the project, is also on the agenda for this meeting. CONTRACT/AGREEMENT CHANGES: _None. STAFF RECOMMENDATION: Approval TOTAL COST: $7,508 Indirect Cost: BUDGETED: Yes 0NVF-1 COST T{} COUNTY: $0 SOURCE OFFUNDS: Federal passed through FDLE DIFFERENTIAL OF LOCAL PREFERENCE: REVENUE PRODUCING: Yes ElNOE AMOUNT PER MONTH YEAR �� APPROVED RY:{�(}UNTYATT�Ql OMB/PURCHASING ��RISKMAN/\GEMENT �� DOCUMENTATION: INCLUDED: E TO FOLLOW: El NOT REQUIRED: M DISPOSITION: ___ AGENDA ITEM #: ___ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Law Effective Date: 10/01/13 Enforcement Expiration Date: 09/30/14 Contract Purpose/Description: Funds provided through Florida Department of Law Enforcement, Edward Byrne Memorial Justice Assistance Grant for the project entitled Florida Keys Outreach Coalition Supportive Housing: Substance Abuse Education and Relapse Prevention. Contract Manager: Laura del-oach-Hartle 4482 OMB/Grants Admin. (Name) (Ext.) (Department) for BOCC meeting on 12/11/13 Agenda Deadline: 11/27/13 CONTRACT COSTS Total Dollar Value of Contract: $7,508 Current Year Portion: $7,508 Budgeted? Yes X No Account Codes: 125-06050-530490-GG1403 Grant: $2,508 County Match: $0 ADDITIONAL COSTS CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director YesM NoD Risk Management .... .. ...; EA YesF-1 No O.M,B,/Purchasing lb YesEl No hA, County Attorney 11/2-;k413 YesM NoF4] Comments: OMB Form Revised 9/11/95 MCP #2 Revised 2/95 RECEIVED 21 2813 .FDLE Florida Department of Business Support Rick Scott, Governor Law Enforcernent Office of Criminal Justice Grants Pam Bondi,Attomey General Post Office Box 1489 Jeff Atwater, Chief Financial Officer Geraid M, Ba0ey Tallahassee, FL 32302-1489 Adam Putnam, Commissioner of Agriculture www.frile.atate.fLms Nov � �A�t "~w" � ~--~ The Honorable George Neugen Mayor Monroe County Board ofCommissioners 11OO Simonton Street Key West, FL 33040-3110 R*: Contract No. 2014-JAGC-N)ONR-1-E5-188 Dear Mayor NeuOent 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$7.5U8.00 for the project entitled, FKOC SUPPORTIVE HOUSING: SUBSTANCE ABUSE EDUCATION & RELAPSE PREVENTION. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved oubgnant application with the referenced contract number/o enclosed for your file. All correspondence with the Department should always refer to the project number and title. As you may be aware, information from subgrants and performance reports are currently provided to the Department oy Justice under the Performance Measurement Tool (pMT)and Federal Funding Accountability and Transparency Act(FFATA)to meet current federal transparency requirements. However, the State of Florida recently passed legislation requiring all contracts, including grants for state or federal financial assistance, be provided to the Department ofFinancial Services via the Florida Accountability Contract Tracking 8yoham(FACTS). This grant contract and all subsequent correlating information including performance reports, expenditure reports, grant amendments, etc.are provided to FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of Florida for transparency in government spending. |f this grant agreement contains confidential or exempt information not subject to disclosure under the public records law, Chapter 119, F.S., (such as the names of personnel and disclosure of equipment for certain undercover operations, etc.that may result in officer names or other sensitive information on grant documents and expenditure reports)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 mfaward. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. VVn look forward to working with you uo this project. Please contact Planning Manager Annamarie Whatley at(850)617-1250 if you have any questions mrwa can becf further assistance. Sincerely, Petrina Tuttle Herring Administrator PTH/a/ Enclosures Service `6ptegrity "Rmapext ~ Qum0y State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331F»hiU|ips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUB{3RANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2U14-JAGC-K40NF-1-E5-18G. in the amount of$7.5O8.O0.for a project entitled, FKOCSUPPORTIVE HOUSING: SUBSTANCE ABUSE EDUCATION &RELAPSE PREVENTION,for the period of 10/01/2013 through 09/30/2014, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department any special conditions governing this oubgnant. George Neugent, Mayor (Typed Name and Title ofOfficial) Monroe County (NameofSubgrontee) November (Date of Acceptance) MONROE COUNTY ATTORNEY APPROVED AS TO FORM: ROWS RNEY Rule Reference 11O-0.008 OCJG-012 (rev. June 2012) SUBGRANT AWARD CERTIFICATE SubQnantee: Monroe County Board nfCommissioners DateofAwunj: /1 /02CA3 GmrtPehod: From: 1001/2013 TO: 00/30/2014 Project Title: FKDC SUPPORTIVE HOUSING: SUBSTANCE ABUSE EDUCATION &RELAPSE PREVENTION Grant Number: 2014-J4G[-N\0NR-1-E5-186 Federal Funds: *7.5UQ.0O State Agency Match: Local Agency Match: $O.00 Total Project Cost: $7.508,UO CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L 90-351, as amended, and the Anti-Drug Abuse Actof1Q88. P1. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award ia subject ho all applicable ru|om, osgu|mhono, and conditions aocontained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D. Office of Justice Prognamo, Common Rule for State and Local Governments and A,87. or OMB Circulars A-110orA,102. ao applicable, and A,21. in their entirety. |iiaa|ao subject to such further rules,regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Authorize Official Petrina Tuttle Herring Administrator LC13 Date ( )This award |e subject(u special conditions(a8aohed). Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 7 77, �i � Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: George Neugent Title: Mayor Address: 1100 Simonton Street City: Key West State: FL Zip: 33040-3110 Phone: 305-289-6039 Ext: Fax: 305-872-9195 Email: neugent-george@monroecounty-fl.gov Chief Financial Officer Name: Amy Heavilin Title: Clerk of Court Address: 500 Whitehead Street City: Key West State: FL Zip: 33040-3110 Phone: 305-295-3130 Ext: Fax: Email: aheavilin@monroe-clerk.com Application Ref# 2014-JAGC-2342 Section#1 Page 1 of 2 Contract 2014-JAGC-MONR-1-E5-186 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 Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: George Neugent Title: Mayor Address: 1100 Simonton Street City: Key West State: FL Zip: 33040-3110 Phone: 305-289-6039 Ext: Fax: 305-872-9195 Email: neugent-george@monroecounty-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: deloachhartle-laura@monroecounty-fl.gov Application Ref# 2014-JAGC-2342 Section#1 Page 2 of 2 Contract 2014-JAGC-M0NR-1-E5-186 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 Project Information Project Title: FKOC SUPPORTIVE HOUSING: SUBSTANCE ABUSE EDUCATION & RELAPSE PREVENTION Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2013 End Date: 9/30/2014 Problem Identification a. 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, attain lives of sobriety, independence and self-sufficiency as contributing members of society. b. Last year, 59 % of adults served by the Florida Keys Outreach Coalition (FKOC) supportive housing programs had a documented criminal history; 99% of those individuals were in recovery from alcohol and substance abuse; 62%were repeat offenders. c. 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, one that incorporates the need for complimentary services such as housing, peer support, life skills education and relapse prevention. Reporting for grant year October 1, 2012 through second quarter ending March 315 FKOC admitted sixty-eight(68) adults with a criminal background history; 12% entered the program by referral of the Offender Release Program and court; 29 individuals (43%) entered the program by referral of Monroe County Sheriffs Office CARE4U Jail Diversion Program. Under the current grant year, FKOC administered 5,172 drug tests through May, 2013. Two Hundred Ninety-nine (299) adults were served by FKOC in the previous year; 83% completed the transitional housing program clean and sober and exited to permanent housing. One hundred percent(100%) of the grant recipients receive individualized case management and additional services including life skills education; life enrichment programs; health education/screenings; support with crisis intervention, advocacy and links to community and mainstream resources. All clients served by Byrne Memorial Justice Assistance Grant will have a documented history with the criminal justice system. 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. Application Ref# 2014-JAGC-2342 Section#2 Page 1 of 3 Contract 2014-JAGC-MONR-1-E5- Rule Reference 11 D-M06 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide FKOC's program incorporates the Twelve Steps of AA and focuses on the fundamentals of reoovery. Clients are tested on-site frequently and randomly for drug and alcohol use and are required to attend ANNA meetings for the first 90-days in the program and then as deemed appropriate by their case manager, sponsor and /or professional counselor. Drug tests detect the use of alcohol, cocaine, TH(}. Amphetaminea, benzodiazepine, opiatea oynthedccannabis and oxycodone, FKOCvvi|| purchase testing supplies and adrninimtera ' minimum of 5,800 alcohol/drug tests between October 1, 2013 and September 30,2014. FKOC's supportive services include: > Alcohol and drug abuse relapse prevention and education Contract 2014-JAGC-M0NR-1-E5- eu/a Reference 11o'onoeooJGnos(mv.October uuoo) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide ,77 Section Questions: Question: Does the Subgrantee receive a single grant in the amount of$500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of$500,000 or more from the U.S. Department of Justice? Answer: No Question: Part 1: In your business or organization's preceding completed fiscal year, did your business or organization (the subgrantee) receive (1) 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? If yes, answer"yes" or"no"to Part 2, below. Answer: No Question: Part 2: Does the public have access to information about the compensation of the executives in your business or organization (the subgrantee) through periodic reports filed under section 13(a)or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? If answer to Part 1, above, was "no,"answer N/A. Answer: N/A Application Ref# 2014-JAGC-2342 Section#2 Page 3 of 3 Contract 2014-JAGC-MONR-I-E5- Ruie Reference 11 D-9.006 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide rvm ,ve General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 003 - Prevention and Education Programs State Purpose Area: PE - Prevention and Education: Includes activities where individuals are served, directly or indirectly. Activities may include one-time events, services, or events and services that occur on a continual basis. Activity Description Activity: Prevention and Education Target Group: Prevention and Education Geographic Area: Urban Location Type: County-Wide Objectives and Measures Objective: PE1 - Report on JAG funding allocated for prevention and education Measure: Part 1 How much JAG funding has been allocated for Prevention and Education? Please report in dollars ($). Goal: 7508.00 Objective: PE2 - Provide prevention or education programs Measure: Part 1 How many prevention or education programs will you implement? Goal: 1 Measure: Part 2 Of the prevention or education programs to be implemented, how many will be substance abuse prevention or education programs? 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. If other, state 'other"and specify. Goal: Anti-drug, Drug Prevention, Substance Abuse Application Ref# 2014-JAGC-2342 Section#3 Page 1 of 3 Contract 2014-JAGC-MONR-1-E5- Rufe Reference 11 D-M06 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Measure: Part 1 How many prevention or education programs will you implement? Goal: 1 Measure: Part 2 Of the prevention or education programs to be implemented, how many will be substance abuse prevention or education programs? 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. If other, state'other"and specify. Goal: Anti-drug, Drug Prevention, Substance Abuse Application Ref# 2014-JAGC-2342 Section#3 Page 2 of 3 Contract 2014-JAGC-M0NR-1-E5- Rule Reference 11 D-M06 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: ......... Question: If"other"was selected for the geographic area, please describe. Answer: n/a Question: If"other"was selected for location type, please describe. Answer: n/a Application Ref# 2014-JAGC-2342 Section#3 Page 3 of 3 Contract 2014-JAGC-M0NR-1-E5- Rule Reference 11 D4006 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 I Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $7,508.00 $0.00 $7,508.00 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 -- $7,508.00 $0.00 $7,508.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref# 2014-JAGC-2342 Section#4 Page 1 of 3 Contract 2014-JAGC-M0NR-1-E5- Rule Reference 11 D-9.006 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: Contractual Services: Expenses: Alcohol/Drug Test Kits $7,508 Total Expenses $7,508 A Calculated average cost per unit is 1.29 per test. TOTALS 5,800 tests @ approx. 1.29 per unit= $7,507.50 Monroe County will execute a contract with Florida Keys Outreach Coalition, Inc. for the period of October 1, 2013 through September 30,2014 to cover the grant period. A copy of the executed contract will be sent to FDLE. Application Ref# 2014-JAGC-2342 Section#4 Page 2 of 3 Contract 2014-JAGC-M0NR-1-E5- 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 for 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 was established or updated. Answer: Vendor: Alere Toxicology, Inc. MultiPanel 175 $3.40 $595.00 SynCan 150 $6.00 $900.00 Alcohol 1,525 $2.00 $3,050.00 Cocaine 1,500 $0.75 $1,125.00 THC 1,500 $0.75 $1,125.00 Oxy 200 $0.75 $150.00 Opi/Mor 250 $0.75 $187.50 Amp 250 $0.75 $187.50 Benzo 250 $0.75 $187.50 Totals 5,800 $7,507.50 Individual test screens range from $.75 to$6.00 depending upon the substance type. Approximate average cost per unit is$1.29. Application Ref# 2014-JAGC-2342 Section#4 Page 3 of 3 Contract 2014-JAGC-M0NR-1-E5- Rule Reference 11 D-9.006 OCJG-005(rev.October 2005) Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 (850)617-1250 criminaIiusticepfdle state,R.us Edward Byrne Memorial Justice Assistance Grant (JAG) Program STANDARD CONDITIONS SFY2014)AG Standard Conditions Page 1 of 22 Rev. 09/2013 Conditions of agreement requiring compliance by units of local government (subgrantnecipients). implementing egenciem, and state agencies upon signed acceptance of the eubonert award appear in this section. Upon approval of this subQnant, the approved application and -e following banns 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 18of this section. 1. All Subgnant Recipients must comply with the finannial and administrative requirements om{ forth in the current edition of the U.S' Department of Justice, [)fhoe of Justice Programs ((}JP) Financial Guide (Financial Guide) the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance (www.bi a.a ov/P rogram Deta i Is.as px?P ro_q ram ID=59 ) as well as Federal statutes, regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: ° Florida Administrative Code, Chapter 11D-9' "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Programn": ° Office of Management and Budget(OMB) Circulars: o ,4-21 (2 CFR 220). "Cost Principles for Educational 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 A-110 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" o A-122 (2CFR23O). "Cost Principles for Non-Profit Organizations" o A-133, "Audits of States, Local Governments, and Non-Profit Organizations" • Code ofFederal Regulations: o 2 Crmz/5.`5(m), "Award Term for Trafficking inPersons" o 28CFR 38, "Equal Treatment for Faith-Based Organizations" o 28 CFFk 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) o 28 CFR 83, "Govern ment-Wide Requirements for Drug-Free Workplace(Grants)" o 2OCFR18, 22. 23. 3U. 3S' 42' G1, and 63 � Public Law 109-1$2. Tine XI—Department ofJumtioe Reauthorization, Subtitle B--|mmproving the Department of Justice's Grant Progrannm, Chapter 1--Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger mfByrne Grant Program and Local Law Enforcement Block Grant Program: - ° United States Code: o 42U.S.C. 3711etseq., "Omnibus Crime Control and Safe Streets Act nf18G8" � State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: 2. Requirements for Contractors ofSub8nani Recipients The aubgront recipient assures the compliance of all contractors with the applicable provisions of Title | of the Omnibus Crime Control and Safe Streets Act of1S68. as amended (42 U.S.C. 3711 et seq. at )� the provisions of the current edition of the Office of Justice Programs Financial Guide (www.ojp.usdoj.gov/finaiicialguide/index.htm); and all other applicable federal and state laws, orders, circulars, orregulations. � �------- 3. Allowable Costs a. Allowance for costs incurred under the eubonantshaUbe determined according to the general principles and standards for me�cted cost itemsset 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 Sbahs. 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 OMBC�inou|orA-11O. or OMB (�ircu|arAr1O2. and Florida |avvto 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 ofLaw Enforcennent, hereafter known as the Department, within fifteen (15) days after the end of the reporting period. |naddition if the subgrant award period is extended beyond the "original" project period. additional Quarterly Project Performance Reports shall besubmitted. Failure tn submit Quarterly Performance Reports that are complete, acounate, and timely may result in aanotiono, as specified in item 18. Performance of Agreement Provisions. (2) Report Contents: Performance Reports must include a response to all objectives included in your subgnant. A detailed response is required in the narrative portion for yea/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 (e) The nubgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports one due thirty (30) days after the end of the reporting period. In addition if the subgnantavvard period is extended, additional Pn�ectExpenditure Repods shall be submitted. (b) All project expenditures for reimbursement of eubgnant recipient costa shall be submitted onthe Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgnant Information Management ON-line (8|MDN) system. (o) 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 pnnoessed, the aubgront 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 ofreimbursement. (e) Reports are tVbe submitted even when no reimbursement ia being requested, (f) The report must be electronically signed by the subo�� recipient or implementing ' ~ (2) Financial Closeout Audit (a) The Financial Closeout Audit shall be submitted to the Department within forty-five (4S) days of the eubgrant expiration date. (b) The Financial Closeout Audit must be electronically signed by the eubQrant recipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. (3) Project Generated Income (PG|) (a) If app|ioab|e, the subgnant recipient shall submit Quarterly PG| Earnings and Expenditures Reports to the Department within thirty (30) days after the and of the reporting period covering aubQnant project generated income and expenditures during the previous quarter. If any PG/ remains unspent after the subgnant enda, the subgrant recipient must continue submitting quador|yPG| reports until all funds are expended. (See Item 11. Program |ncome,) (b) PG1 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, o, 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 coat accounting of funds shall conform to the Office of Justice pnognsma Financial Guide. the Cunnnnon F{u|e. and C>K4B Circulars A-21. A-87. and A-110 or;+1O2 as app|ioab|e, in their entirety. ' b, The eubgrant recipient is required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. As a subgnant recipient, you must have a financial management system in place that is able to record and report on the receipt, ob|igation, and expenditure of grant funds. An adequate accounting system for a subgrant recipient must be able to accommodate a fund and account structure to aepaneha|y track macoipts, expenditunam, assets. and liabilities for avvands, programs and subgnentrecipients. ' 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 besubiectto repayment bythe subgoantrecipient. ^ S. 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. Furthermona, the obligation of the State of Florida to reimburse aubgrant recipients for incurred costs is subject to available federal funds. 7. Obligation ofSubQ,ant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date, or subsequent to the termination date, of the uubQnantavvard period, Only project costs incurred on or after the effective dat*, and on or prior to the termination date of the subgnsnt recipient's project are eligible for reimbursement. All payments must be completed within thirty (30) days of the end of the subgnantperiod. �" 8. Advance Funding Advance funding may be provided to e eubgnant recipient upon o written request to the Deportment. 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 nflocal government must establish e trust fund in which to deposit JAG funds. � b The account may earn intoxaaL 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 Vf Justice Assistance. 10. Travel and Training The cost of all travel shall be reimbursed according to the subgnant recipient's written travel policy. If the aubDnant recipient does not have u written travel po|ioy, cost of all travel will be reimbursed according bz State ofRorido Travel Guidelines§ 112.U61. Fla. StaL 11. Program Income(also known ag Project Generated Income) e. All income generated as a direct result of aubgnant 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 PG| was earned during each quarter. A report must be submitted each quarter even if no PG{ was earned or expended. PG| 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. o. PG| expenditures require prior written approval from the {}f5oe 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. PG| budget requests must be signed by the subgra^^ recipient or implementing agency's Chief Financial Officer or the Chief Financial OMio~ designee, d. Program income should be used as earned and expended as noon as possible. Any unexpended PG| remaining at the end of the federal grant period must be submitted to [)CJG 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 employmentofaconsu|bantvvhentheonnsu|tant'snahsexoeedo $4GO (exc|udingtrave| ---dsubsistence costs) per eight-hour day. A detailed justification must be submitted to and approved by FDLE prior to obligation or expenditures of such funds. Approval shall be basedupon the contract's compliance with requirements found in the Financial Guide �h {� |. e Common Rule, and in applicable state statutes. The Department's approval of the aubgnant recipient agreement dues not constitute approval of consultant contracts. If consultants are hired through m competitive bidding process (not sole source). the$45O threshold does not apply. 13. Property Accountability a. The suborant recipient agns*e to use all non-expendable property for criminal justice purposes during its useful life or dispose ofit pursuant bz§ 274. Ha. Sbat. b� The subgnant recipient shall establish and administer a system to prntect, pnasenxe, 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 DW1B Circular A-110 orA-1O2. as applicable. This obligation continues as long an the eubgrant recipient retains the pnoperty, notwithstanding expiration of this agreement. 14. Ownership of Data and Creative Material Ownership of material, dinuoveriea, inventions, and results developed, pnoduoed, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide (as emended), and the U.G. Department of Justice Common Rule for State and Local Governments, or the federal [}M8 Circular A,11O orAr1U2. 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 orsubavvand. and b. Any rights of copyright to which o oubgrunt recipient or subuacipient purchases ownership with support funded under this grant agreement. 16. Patents If any program produces patentable ihemna, patent riOhts, prooeaoos, 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. o, Unless there is e prior agreement between the subgnant recipient and the Department on disposition of such items, the Department may determine whether protection on the invention mr discovery will besought. 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 in3G Federal Register 1G83Q). o. Government regulations have been issued in Tide 37 CFF< Port4O1 by the U.S. Department of Commerce. 17. Publication or Printing of Reports The aubOnant recipient shall submit for review and approval one copy of any cunicu|a, 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 DJpTnaining Guiding Principles for Grantees and Gubgrantees available at SFY2014 JAG Standard Conditions Page 6 of 22 Rev. 09/2013 All materials publicizing or resulting from award activities shall contain the following statements: ~This project was supported by Grant No, [contact the Office of Criminal Justice Grants for award numbed awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Pnogmmo, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentenoing, Monitoring, Apprehending, ~ in Registering, and Tracking. Points of view or opinions /n this document are those of '�he author and dunotneuesmad|ynepmsenttheofhdo|pnoitinnurpo|icieooftheU.S. Depa�ment of` Juadm*.^ ''" 18. Audit a, Sub0nant recipients that expend S500.000 or more in a year in federal awards shall have single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circu|arAr133 and other applicable federal |aw. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance ein the subject audit. The contract shall be identified as federal funds passed through theF|orida Department of Law Enforcement and include the contract number, CFDA number, avvan2 amount, contract period, funds received and disbursed. When applicable,~� the aubgnant recipient shall submit an annual financial audit that meets the nequinane' ba of§ 11.45. Fla. SbaL . "Definitions; duties; authorities; reports; rules."; 4 215 Q7' Fla. h-t'^F|orida Single Audit Act"; and Rules of the Auditor General, Chapter 0. 50. "Local Governmental Entity Audits" and Chapter 1O�05O. "Florida Single Audit Act Audits Nonprofit and Fo�ProfitOrganizstions.^ b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its oonnp|eUon, but no later than nine (0) months after the audit period, /n order to be oomp|ehs, the submitted report shall include any management letters issued separately and management's written response to all findinga, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgnant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either Certified Public Accountant oro Licensed Public Accountant, d. The subQnant recipient shall take appropriate corrective action within six (G) months of the issue date of the audit report in instances of noncompliance with federal |evvs and regulations. e. The subgnant recipient shall ensure that audit working papers are made available to the Depadment, or its deaignee, upon request for a period of three (3) years from the date the audit report ia isaued, unless extended in writing by the Department, f, Subgnent'recipients that expend less than $500.000 in federal awards during a fiscal year are exempt from the audit requirements of OMB Circular Ar133 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 subgnant recipient is exempt. This notice shall be provided to the Department no later ^' anKarch1foUmwingtheondofbh*fisca| year. g� If this agreement is closed out without an audit. the Department reaenxao the right to recover any disallowed costs identified inan audit completed after such closeout. h, Asconned copy of the completed audit reports or link tothe electronic audit report should be sent via email to criminal or mailed to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 323U2-148Q 19. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the mubgrent recipient, the eubgnantnecipienyx consultants and supp|iero, or both, the Deportment shall impose sanctions it deems appropriate including withholding payments and cancellation, tenninotion, 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 subQnant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 20. Commencement ofProject a� If project is not operational within 80 days of the original start date of the award period, the aubgrant 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 project is not operational within QO days of the original start dote of the award period, the subgnant recipient must submit e second statement to the Department explaining the implementation delay, o. Upon receipt of the ninety (QO) day |eMar. the Department ehe|| determine if the reason for delay is justified or aha||, at its discredon, unilaterally terminate this agreement and re- obligate aubgnantfunds 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 subgnant 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 ofcauses beyond the control and without the fault or negligence of the aubgrant recipient. Such causes ino!ude, but are not limited to, acts of God orofthe public enerny, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine neatrictinna, sthkea, 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 nfthe subgnsntnacipient, b, If failure to perform in caused by failure of consultant to perform or make pnogneas, and if such failure arises out of causes beyond the control ofsubgrantrecipient and consultant, and without fault or negligence of either of them, the subgnant 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 subgront recipient in writing to procure such supplies or services from other sources, and (3) The subgnant recipient failed to reasonably comply with such order. o. Upon request ofthe subgnant recipient, the Department shall ascertain the facts and the extent of such fei|ure, and if the Department determines that any failure to pedbnn was occasioned by one or more said causes, the delivery schedule shall be revised accordingly, 22. Written Approval of Changes in this Approved Agreement(Grant Adjustments) a, Subgnant recipients must obtain prior approval from the Department for major substantive changes such as changes in project ectividea, target popu|ationa, service providers, implementation schedukm, project director, and designs orresearch plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item, c, Under no circumstances can transfers of funds increase the total budgeted award. d, Requests for changes to the mubQnant agreement must be electronically signed by the subgrant recipient or implementing agency's chief official or the chief official's designee. e, Any certifications required for the requested changea, such as Sole Suuroe, ADP Justifioatinn, Privacy Certification forms, and Confidential Funds oertificadons, must be signed by the subgrant recipient or implementing agency chief oMioie| o/ someone with fonna|, written signature authority for the chief official. 23. Disputes and Appeals a, The Department shall make its decision in writing when responding to any disputes disagnaamentn, or questions of fact arising under this agreement and shall distribute shall response toall concerned parties. The subgnant recipient shall proceed diligently with the performance of this agreement according bo 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 bzthe Department's clerk (agency derk). The subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. StaL, and in procedures set forth in Rule 28-108 1O4. Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under§ 12O. Fla. StaL 24. Conferences and Inspection ofWork 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 toRecords 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, dooumentm, papers and records of the subgnant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b The Department reserves the right to unilaterally terminate this agreement if the subQnont recipient, implementing agency, or contractor refuses to allow public access to all documento papena, letters, or other materials subject to provisions of § 119. Fla. Stot., and made o' received by the oubgnant recipient orits contractor in conjunction with this agreement. o. The subQnant recipient will give the awarding agency or the General Accounting Office, through any authorized nepnaoantative, access to and the right to examine all paper or electronic records related tothe financial assistance. 2$. Retention ofRecords The subgnant 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: 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Officials for the SubQnant recipient or Implementing Agoncy, project staff must notify the help desk for FDLE's online grants management system, 8|�WON (8u :,nant Information anagement Online) so that the organization can be updated in S/MON. If the project director changes, a grant adjustment must beentered in G|K80N to reflect the change. 28. Background Check Whenever a background screening for employment or a background security check is required by law for emp|oyment, unless otherwise provided by |aw, the provisions of § 435. Fla. Stat sha|l apply, a, All positions in programs providing cane to chUdren, 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 persona 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 subnection, security background investigations shall inc|ude, but not ba 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 Enforoement, and federal ohnnina| records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any parson 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 |avv enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, tu the United States Department of Justice for processing, The employing agency shall reimburse the Department of Law Enforcement for any coats incurred by it in the processing of the fingerprints. 29. Drug Court Projects A Drug Court Project must comply with § 397.334. Fla. StaL. "Treatment-Based Drug Court Programs." 30. Overtime for Law Enforcement Personnel Prior toob|i ��ngfunds f�mth� �ardbosuppo�me�mabv law enforcement officers,�mento�c � the Department of Justice encourages consultation with � allied components of the criminal UG' system in the affected jurisdiction. The purpose of this consultation is to anticipate -- p|�'' '~' justice systemic impac�such as increased oou�docket andUleneedfordotendonspo-- 31. Criminal Intelligence System a. The eubgront recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Pad 23 Criminal Intelligence Systems Operating Pn|icies, if the Office of Justice Programs— � ' determines this negu|adontobeapp|icob|e GhouNthe {}fhueofJuotioePnogramsdetermine ` mnina28 ~,'- R P� 23 to be applicable, the Office of Justice Programs may, at its discretion, —n perform audits of the syotem, as per 28 C.F.R. 23.20(g). Should any violation of 28 C.F.R.'Pad2^- occur, the oubgront recipient nnaybe �nedaa per 42U.S.{�. 3789O(c)-(d). The su-� nant �--i,i�''^ may not aati�vsuch g�ne 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 subgnantee agrees the thes-� restrictions will not limit the use of awarded funds necessary for any fedena|, state, tribal, or locallawenforcementagencyoranyotherontityoarryinQoutnrinnina| investigations, p'- ''prosecutions or adjudication activities. ' 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read ungemtands. and agrees tu abide by all of the conditions for con�denda| funds aa set fo�hinthe ` effective edition of the Office of Justice Programs Financial Guide is required from allprojects that are involved with confidential funds. The signed certification must be submitted at the time grant application. ~ 33. Civil Rights Compliance e. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, oo|ur, national origin, re|igion, aex, disabi|ity, or age in funded programs or activities. All subgnantnecipiants. implementing aganoies, and contractors must comply with any applicable sbstutori|y-imposed nondiscrimination nequiremento, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. � 378Sd)� the of Ac � � . rns � Crime Act (42 U.S.C. @1OGO4(�))� TheJuveni|eJuati �endOeUnq`enoy Prevention --ti --' of ' ~^ '~ � � � . o�� u rreven onxot 2002 �K2 U � C § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C.'§ 20^Od); the Rehabilitation Act of -7' (28 U.G.C. § 794); the /\mer�ansvvbh DisabU�esAct of19QO �2 U.S.C. 12131-34) `'~ Education Amendments of1872 (20 U.S.C. §§1681. 1683. 168 ` 6); the - ^ Discrimination~ Act of 1975 (42 U.S.C. §§ 6101-07); and Department of Justice '�--Diso�nnin � Regulations 28 CFR Part 42; see Ex Order 13279 (equal protection of —' laws for bosedand community orgonizatiuna). ~'~ '�'"'- b� FDLE does not discriminate on the basis of race, color, na|iQion, national origin sex d|oabi|ity, or age in the delivery of services urbanehtaorinemp|oymenL TheoubQuan'origin, sex, " notify program participants and beneficiaries that it does not discriminate on the basis ofns oo|or, national origin' ra|igion, oex, disability, and ago in the delivery of servicesor benefits or ~~' in employment practices. o. Subgnant 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 contnautore, vendors, and agencies are avvana 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) Amubonant recipient orimplementing agency must develop on EEO Plan if it has 50 or more employees and it has received any single award ofQ25.O0O or more from the Department of Justice. The plan must be pnaponad using the on-line short form at must be retained by the uubgnant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification toF[}LE. (2) If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of850O.00O 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) Asubgrant recipient or implementing agency isexempt 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 ofJustice or if it is a nonprofit organization, a medical or educational ineUtution, or an Indian Tribe. If on organization is exempt from the EEO Plan requirement, it must submit on EEO Certification toFDLE. (4) The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within SO days of the project start dmbs may result in suspension or termination of funding, until such time asitieincompliance. e, |n the event a federal orstate court or federal or state administrative agency makes afinding of discrimination after due process hearing on the grounds of race, oo|or, n*|igion, national origin, eex, 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 |awe, the oubgnant recipient shall not retaliate against individuals for taking action or participating in action to secure rights protected by these laws. g SubDnant recipients must include comprehensive Civil Rig hts/Nondisorinninetion Provisions in all contracts funded by the eubgrantrecipient. h If the subgrant recipient or any of its emp!oyees, oontnaotnrm, vandoro, or program beneficiaries has a discrimination comp|aint, they may file a complaint with the aubgrant recipient, with FDLE or with the Office for Civil Rights. Discrimination complaints may be submitted to FDLE at Office ofthe Inspector General, Post Office Box 1489. Ta||ahoaoee, Florida 32302-1489 or on-line at www.fdle.state.fl.us/contacts/comment form.hbul. Discrimination complaints may also be submitted to the Office Rights, Office of Programs, U.S. Department VfJustice, 810 7m Street, Northvest, Washington, D,C .2O531. orbyphoneat(202) 3U7-OS8O. i. The subgnont recipient must have procedures in place for responding to discrimination complaints that employees and c|ients, customens, and program participants file directly with the eubgnantrecipient. ]. The aubgrant recipient must have written policies or procedures in place for notifvingprogram beneficiaries how to �|e complaints aUeQing discrimination by the subgnanteo/i' p|ementing 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 (4DA). Public Law 101-336. which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with na8erd to employment (Title |). state and local government services and transportation (Title ||), public accommodations (Title UU. and telecommunications (Title |\), m. Rehabilitation Act of1873 (28C.F.R. Part 42. Subpart[}) If the subonant recipient has GO or more employees and receives DOJ funding of$25.0OO or more, the subgnant 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 5O4ofthe Rehabilitation Act of 1973. found at28 C.F.R. Part 42, Subpart G. which prohibit discrimination on the basis of a disability in employment practices and the delivery ofservices. (2) Designate a person to coordinate compliance with the prohibitions against disability discrimination contained in28C.FR. Part 42. Subpart G. (3) Notify partioipents, beneficiariea, emp|oyees, app|ioanta, and others that the subgrantee/implementing agency does not discriminate on the basis of disability. n. Limited English Proficiency (LEP) In accordance with Deportment of Justice Guidance pertaining to Title V| of the Civil Rights Act of 1984. 42 U.S.C. § 2000d. recipients of hadeno| finanoial assistance must take reasonable steps to provide meaningful access ho their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individua/s, please see the vvebeite at FDLE strongly encourages subgrant recipients to have a written LEP Language Access Plan. o. Title |Xof the Education Amendments of1A72 (28C.F.R. Part 54) If the subQrent recipient operates an education program or activity, the subgnant 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 Tide 0 of the Education Amendments of 1872, found at 28 C.F.R. Part 54, which prohibit discrimination on the basis ofsex. (2) Designate a person to coordinate compliance with the prohibitions against sex discrimination contained in 28 C.F.R. PartG4, (3) Notify applicants for admission and employment, emp|oyeea, studenta, parents, and others that the subgrantee/implementing agency does not discriminate on the basis of sex in its educational programs oractivities. p Equal Treatment for Faith Based Organizations The subgnent recipient agrees to comply with the applicable requirements of28 C.F.R. PaPart38. 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 worehip, religious instruction or pnose|ytization. Recipients of direct grants may still engage engage in inherently religiousi',tioo but such ectivideamust be separate intinneor place �omthe DepadmentofJustice funded program, and participation in such activities by individuals receiving services from the grantee or 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 subQranbae 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 i programs for which financial assistance is provided from the aword, or the parent or legal guardian of such students. Notwithstanding any other special condition of this award, faith- based organizations may, in some oircumstanoes, consider religion as a basis for employment, See . 34. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien vvorkers, constituting a violation of the employment provisions contained in O U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act (^|NA^). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the |NA, Such violation by the subgnant recipient of the employment provisions contained in Section 274A(e) of the |NA shall be grounds for unilateral cancellation of this contract bythe Department. 35. National Environmental Policy Act(NEPA) a. The subgnant recipient ugnaea to assist FOLE in complying with the NEPA. the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of oubgxant funds by the aubgnanL recipient. This applies to the following new activities whether or not they are being specifically funded with these subgnant funds. That is, it applies as long as the activity is being conducted by the subgront recipient or any third party and the activity needs to be undertaken in order to use these subgnant funds, (1) Newnonshootion� (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register nfHistoric Places or(b) located within a 1OO-yearflood plain; (3) A renovation, |eama, or any other proposed use of building nr facility that will either(a) result in a change in its basic prior use or(b) significantly change its size; and (4) Implementation of new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of o funded activity and (b) traditionally used, for exannp|e, in office, houaeho|d, recreational, or educational environments, (6) Implementation of a program relating to clandestine nnethamphetamine laboratory openationa, including the identifioation, seizune, or closure of clandestine methamphetannine laboratories. b, The subgrmntrecipient understands and agrees that complying with NEP/\ may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subgnant recipient fu�herunderstands and agrees to the requirements for implementation of a Mitigation P|an, an detailed by the Department of Justice at w-,vw.bia.gov/Fundin(-)/nepa.html, for programs relating to methamphetemine laboratory operations. ��--- o. For any of subgnant recipient's existing programs or activities that will be funded by these subgnante, the eubgnant neoipient, upon specific request from the Department and the U.S.Depa�rnentof Justice, agrees to cooperate with the Depa�montof Justice in any preparation by Department of Justice of national or program environmental assessment of that funded program or 36. Mitigation of Hmohh. Safety and Environmental risks dealing with Clandestine 88ethamnphetamnineLobmratories If an award is made to supportrnethannphetamine laboratory operations the aubonant recipient must comply with this condition, which provides for individual site ~nvironmentai assessment/im pact statements as required under the National Environmental Policy Act. a. General Requirement: The oubgrant recipient agrees to comply with fedena/, state, and local envinonmenta|, health and safety laws and regulations applicable to the investigation and closure of clandestine nnethamphetamine laboratories and the removal and disposal of the ohemica|s, equipment, and wastes used in or resulting from the operation ofthese laboratories. U, Specific Requirements: The subgnant recipient understands and agrees that any program or initiative involving the idendfication, meizure, or closure of clandestine methamphebamina laboratories can naou|t in adverse h*a|th, safety and environmental impacts to (1) the |avv enforcement and other governmental personnel involved; (2) any nesidenta, oocupanto uoere, and neighbors of the site of seized clandestine laboratory- (3) the seized laboratory — site's immediate and surrounding environment of the siie(a)vvhereany remaining chemicals, equipment, and waste fromfroma seized laboratory's operations are placed or come to rest.Therefona, the subQnant recipient further agrees that in order to avoid or mitigate the possible adverse hea|th, safety and environmental impacts from any of clandestine methomphntemine operations funded under this award, it will (1) include the nine below listed protective measures or components; (2) provide for their adequate funding ho'''—include funding, as necesaery, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the aubgnanL -� |n so doing, the su nant 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 qua|ihed third party, (1) Provide medical screening of personnel assigned or to be assigned by the subQrent 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 |avv enforcement officials and other personnel assigned by the aubgnant recipient to either the seizure or closure of clandestine methamphotamina laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to nsrnowa all chemicals and associated 0|aoewana, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; (6) Dispose of the ohennica|u, 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 G 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 ofaclosed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediabsd, if necessary, and in accordance with existing federal and state requirements; and (0) Have in place and implement written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state |avv, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for methamphebomine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity. 37. Hon-pnoouremnent' Debarment and Suspension The subgnant recipient agrees to comply with Executive Order 12540. Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Nunpnoounement)^ These procedures require the subOrant recipient tuoedifvitshall not enter into any lower tiered covered transaction with a person who is debarned, suspended, e d d . declared ineligible or is voluntarily excluded from participating in this covered tnannaotion, unless authorized by the Department. If the subgnant is $100.000 or nnore, the subgnsnt recipient and implementing agency certify that they and their principals: a Are not presently debarred, ouspended, proposed for debarment, declared ine|igib|e, sentenced to o denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department oragency; b� Have not within e three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of neoorde, making false statements, nr receiving stolen property� c. Are not presently indicted for orotherwise criminally or civilly charged by a governmental entity (fedena|, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d� Have not within o three-year period preceding this application had one or more public transactions (fedens|, state, or local) terminated for cause or default. 28. Federal Restrictions onLobbying a� Each subArant recipient ugnaeo to comply with 28 CFR Part 68. "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Dioo|oauna Forrn, if epp|icab|e, with each submission that initiates consideration of such suhgnant recipient for award of federal contnact, grant, or cooperative agreement of810O.D0O or more. b This certification is a material representation of teot upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject ho conditions and penalties imposed by 31 U8C 1352. Any person who fails to U|o the required certification is subject to a civil penalty of not less than 310.000 and not more than S1OO.00O for each failure tofile. o, As required by31 USC 1352, and implemented at 28 CFRGQ. for persons entering into grant or cooperative agreement over $100.000. as defined at 28 CFR 68. the applicant certifies that: (1) No federal appropriated funds have been paid or will be paid, by or on behalf of the unUers|gned, 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 Member ufCongress in connection with the making of any federal grant, the entering into of any cooperative og,eement, and the exteneion, 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, a8emberofCongnaas. an officer or employee of Congress, or an employee of Member of Congress in connection with this federal grant or cooperative agreement, the undersigned nho|| complete and submit Standard Form - LILL. "Disclosure of Loboy/ngAotivitiea.' inacoordancewiihitsinstrucUons; (3) The undersigned shall require that the language of this certification be included in the award documents for all subavvanda at all tiers (including aubgnanba, contracts under grants and cooperative agreements, and subcontracts) and that all aubonantrecipients shaUce�ifyand disclose accordingly. ~ 39. State Restrictions on Lobbying In addition to the provisions contained in Item 36, above, the expenditure of funds for the purpose of lobbying the legislature or e1ohs agency is prohibited under this contract. 40. Additional Restrictions onLobbying The subgront recipient understands and agrees that it cannot use any federal funds either directly or indineot|y, in support of the enaotmenL, nepea|, modification or adoption of �' y |aw, regulation or po|icy, at any level of government,government, without the express prior written approval ofthe ` Office Vf Justice Programs. 41. "Pay—tu—Stay" Funds from this award may not be used to operate o "pay-to-stay" program in any local jail. Furthermone, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jai|.^ as referenced in this condition, means an adult facility or detention center owned and/or ' operated by city, county, ormunicipality. |t does not include juvenile detention oenbanu "Pay-to- stay" programs as referenced in this nonditiun, rneanso program by which extraordinary— snrvioea 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 thatdiapanaba —conditions of / confinement are created for the same or similar offenders within a]uriadiction, 42. The Coastal Barrier Resources Act The oubgnant recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L 97-348) dated October 19 1982 (16 U8C 3501 et seq.) which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 43. Enhancement ofSecurity if funds are used for enhancing security, the subgnantrecipient agrees to: a. Have an adequate process to assess the impact of any enhancement of school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement iaundertaken. b� Conduct such an assessment with respect to each such enhancement and submit to the Depa�ment the aforemendonedassessment in its Final Program Repn�. ' SFYZO14]AG Standard Conditions Page 17of22 Rev. Q9/2O13 44. Environmental Protection Agency's (EP&) list of Violating Facilities The eubonynt recipient assures that the facilities under its ownership, lease nr 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 im under consideration for listing by the EPA. 45' Flood Disaster Protection Act The subgnant recipient will comply with Section 102(a) of the Hood Disaster Protection Act of 1973^ Public Law 93-234. 87 Stot. 975. requiring that the purchase of flood insurance in communities vvhena 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 aoan area having special flood hozords- 4$. National Historic Preservation Act It will assist the Department(if necessary) in assuring compliance with section 106 of the National Historic Preservation Ant of 1066 (16 U&C. § 470). Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U8C� §4SQa-1etseq,). and the National Environmental Policy Act of1g6A (42US.C. §4321). 47' Human Research Subjects Subgnant recipient agrees to comply with the requirements of28 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 appnovai, if appropriate, and sut��ct in ' �e` consent. ^ —�� - 48. Global Standards Package In order to promote information sharing and enable interopanabi|ity among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ'o Global Justice Information Sharing Initiative (O[)J'o Global) guidelines and recommendations for this particular grant. Grantee eho|/ conform to the Global Standards Package (G3P) and all constituent elements, where applicable, described t vv-ww.it.ojp.�40v/gsp Grantee shall document planned approaches to information the Sp and appropriate privacy policy that protects shared in ~rmutim.--.-- -�'`'~~~~ `~ (� ]usti�cationfor why una|hannabve approach isnscomnnended. - '�-'�-- detailed 49. Reporting, Data Collection and Evaluation The subgnsnt recipient agrees to comply with all reportinO, 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 byFDLE. 50. Privacy Certification Theaubgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C, sectio n3788g and 28 C.F.R. Part22 that are applicable to co||eution, use, and revelation ofdata o rinformation. Subgnsnt recipient further agnaes, 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 51. State Information Technology Point ofContact The oubgnant 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 additiVn, the eubgnant 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 52. Interstate Connectivity To ovoid duplicating existing networks or {Tsystems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity between juhsdiotions, such systems shall emp|oy, to the extant possib|e, existing networks ae the communication backbone to achieve interstate connectivity, unless the aubgrant 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 |Tsystem. 53. Supplanting The subgoant 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 mfInterest The mubgnant 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 ufinterest, or personal gain. 55. Uniform Relocation Assistance and Real Property Acquisitions Act The subgront recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1070 (42 U.S.C. § 4601 et seq ), which govern the treatment of persons displaced asa result of federal and federally-assisted `programs, 56. Limitations on Government Employees Financed by Federal Assistance The subgnsnt recipient will comply with requirements of U.S.0 '§~� 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. 57. Certification for Employees Working Solely on a Single Federal Award For any position that works 10096 of its time on a single federal avvard, the employee must certify that 1O096 of his or her time was spent working on that federal award. This requirement applies ^ to both full time and pa� time posidonsregardless 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 the repo�inQperiod Ce�i�oationsmust be provided to cover the entire grant period. ~' 58. T|mmeaheets Timesheets must be kept for all project staff whose hours will be charged to the project. The bmemheets must be signed by the supervisor and clearly indicate hours spent onpn�eutactivities. 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 Simi|arK0isconduct The eubgnant recipient must promptly refer bothe Florida Department of Law Enforcement, Officemf Criminal Justice Gnsnb; any credible evidence that a principa|, amp|oyee, agent con-raotor, subcontractor, or other person has either 1) submitted a false claim forgrantfund' under the FolseCkaimaAotor2) oomnittedaohmino| oruivi| violationoflawopedaninQtohaud. confktof interest, bhberv, gratuhv, nr similar misconduct involving grant funds 61. Task Force Training Requirement The aubgnant recipient agrees that within 120 days of award, each member of |avv enforcement task force funded with these funds who is a task force oommander, agency executive, task force oMioer, or force member rank, will complete i d |i . . required online (internet- based) task force training. The training is provided free of charge online through BJ—'o Center for Task Force Integrity and Leadership ). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil |iberties/riQhts, task force performance measurement, personnel ue|eution, and task force oversight and occountabi!ity. When FOLE award funds to support task force, the subDrant 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 ). 62. Funds to Association of Community Organizations for Reform Now(ACORN) Unallowable Subgrant recipient understands and agrees that it cannot use any federal funds, either directly or indinaot|y, in supportof any contract or subawerd to either the Association of Community Organizations for Reform Now (ACORN) or its suboidiaries, without the express prior written approval ofOJP. 63. High Risk SubgrantRecipients The eubgnant 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 isa high-risk grantee. Cf. 28C.F.R. parts SG. 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). the subgrent recipient is encouraged toadopt 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, awansness, and other outreach to decrease crashes caused by distracted drivers. 65' System for Award Management(BAK0) 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 |ater. This requires that the subgront recipient review and update the information at least annually after the initial registnstion, and more frequently if required by changes in its information or another award harm. 66. Maximum Allowable Salary No portion of these federal grant funds shall be used towards any pert of the annual cash compensation of any employee of the subQnant 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 GES employees is available at A aubgnant recipient may compensate on =...p"xee at * ///U/`er raua, 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 [}NAIndex Synbann (CO—|S) byagovemment DNA lab with access toC(]O|8. No pno�|eagenerated vvith JAG funding may be entered into any other non-governmental DNA database without prior express written approval from BJA For more infonnatinn, refer to the N|J FY 2012 DNA Backlog Reduction Program, available at 68. |ntaroperab|e Communications Guidance 8ubgrant recipients that are using funds to support emergency communications activities must comply with the current SAFEC{}yW Guidance for Emergency Communication Grants, includingm~ provisions on technical standards that ensure and enhance inharoperob|e communications. Emergency communications activities include the purchase of /nhanop*nab|e Communications ' Equipment and technologies such as voice-over-internet protocol bridging or gateway ~~^ ~vioes` or equipment to supportthe build out of wireless broadband networks in the 700 MHz P«o|« safety i band under the Federal Communications Commission (FCC)Waiver Order. SAFEC guidance uw/ guoanoe can be found at � Subgnant 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 ordene, ru|es, or regulations pertaining to broadband operations in the7OO MHz public safety bond. The subgnant recipient shall also ensure pn�ecte support the Statewide Communication |ntenupenabi|ity Plan (SC/P) and are fully coordinated with the full-time Statewide |nt*ropeoabi|ity Coordinator (SVV|C). If any future regulatory requirement (from the FCC or other governmental entity) results inamaterial technical or financial change in the projeot, the recipient should submit eoaoniahsd dncumentetion, and other material, as app|icab|e, for review by the SVV|C to ensure coordination. Subgnant 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. Ball istic-Reaintantand Stab Resistant Body Armor Subgrant recipients that wish to purchase armor with JAG funds must certify that law enforcement agencies receiving vests have o written "mandatory wear' policy in effect. This policy must be in place for at leas t all uniformed officers before funding can be used by the agency for vests. There are no requirements regarding the nature of the policy other t '~ni~ being a mandatory wear policy for all uniformed officers while on duty. F4C>o related to the mandatory wear policy and certifications can be found at JAG funds may be used to purchase armor for an agency, but may not be used as the 5096 match for purposes of the Bulletproof Vest Partnership (BVP) program. Body armor purchased with JAG funds may be purchased ut any threat level, make or model �omany disbibutornrnnanufantuner. as long ae the vests have been tested and found 'tocomply with applicable National Institute of Justice ballistic or stab standards and are listed on the N|J Compliant Body Armor Model List (http://n' gov). In additinn, body armor purchased must be American-made. The latest N|J 'tsndard information can be found at: . 70. BJAorFDLE Sponsored Events The subgnsnt recipient agrees tu participate in BJA-orFDLE-eponeored training events, technical assistance events, or conference held by FDLE o/ 0JA or their designees, upon FDLE'~ or BJA's request. 71. Expenses Related to Conferences, Meetings,Trainings, and Other Events The subgnant recipient agrees to comply with all applicable |awm, regulations, policies, and guidance (including specific cont limits, prior approval and reporting requirements, here applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other evento, including the provision of food and/or beverages at such evonb, and costs of attendance at such events, Information on pertinent |awe, ragu|ationo, po|icies, and guidance is available at .0ip.gov/funding/confcost.htm. 72. Environmental Requirements and Energy For subgnanta in excess of $100.000' the oubgnant recipient must comply with all applicable ebsndardo, ordero, or requirements issued under section 306 of the Clean Air Act (42 USC 1857(h)). section 508 of the Clean Water Act (33 U.S.C. 1308). Executive Order 11738 -n- ' Environmental Protection Agency regu|abons (40CFRpo� 15). ' - The aubgrant 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. L94-1G3. OQ8tot. 871)' ifany. 73. Other Federal Funds The oubgnanbee agrees that if it currently has an open uvvand 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 tube used, in whole or in pert, for one or more of the identical cost items for which funds are being provided under this avvard, the uubgnantee will promptly notifv, in writing the grant manager for this award, and, ifmu requested byOCJ<� seek a budget rnndi� 'bonorohanQeofpnojeotacopegnant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 74. Monitoring The recipient agrees to comply with FDLE's grant monitoring guide|ines, prntocn|s, and proueduraa, and to cooperate with FDLE on all grant monitoring requemta, including requests related to desk navievvs, enhanced programmatic desk reviews, and /or site visits. The recipient agrees to provide FDLE all documentation necessary to complete monitoring of the awand Further, the recipient agrees to abide by reasonable deadlines set by FULE for providing - requested documents. Failure to cooperate with FDLE grant monitoring activities may result in sanctions affecting the recipient's award, inn|uding, but not limited to: withholding and/or other ' restrictions on the recipient's aooeaa to funds referral to the Office of the Inspector General for —� audit naview, designation of the recipient as a FDLE High Rick grantee, or termination of eward(o). 75. Unmanned Aerial Vehicles The recipient agrees that awarded funds may not beexpended on unmanned aircraft, unmanned aircraft oyohams, or aerial vehicles (U8. UAS. or U/YV) unless the BJA Director certifies that extraordinary and exigent circumstances exist, making them essential to the maintenance of pub I lic safety and good order. Addibona||y, any funding approved for this purpose would be subject to additional reporting, which would be stipulated by F0LE post award. Administration RESOLUTION NO. 267 -2007 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, DIRECTING STAFF TO ORGANIZE EFFORTS TO SEEK OUT AND APPLY FOR APPROPRIATE GRANTS TO OFFSET COSTS; WAIVING THE EXISTING REQUIREMENTS THAT EACH GRANT APPLICATION BE INDIVIDUALLY "PROVED By THE BOARD PRIOR TO SUBMISSION AND AGAIN PRIOR To ACCEPTANCE OF THE AWARD WHEN THE AWARD DOES NOT REQUIRE A MATCH BY MONROE COUNTY; AND MAINTAINING ALL EXISTING REQUIREMENTS FOR GRANT APPLICATIONS AND ACCEPTANCE OF GRANT AWARDS THAT DO REQUIRE A MATCH BY MONROE COUNTY. WHEREAS,Monroe County has been impacted by recent legislature and the subsequent need to significantly cut budgets, and WHEREAS, it is our desire to continue to provide outstanding public service responsive to the needs of our citizens, community, and environment despite the impact of these budget cuts, and WHEREAS, currently, the Board must approve all applications for grants prior to submission, which can cause a delay of up to six weeks, at times delaying the grant application until the next submission cycle, as well as adding unnecessarily to the Board agenda; and WHEREAS, it is unnecessary to delay acceptance of grants awarded to the County that do not require any matching funds, again adding unnecessarily to the Board agenda; and WHEREAS, our heightened focus on pursuing a wider variety of grant opportunities requires improved coordination between Divisions and will result in a significantly increased number of grant applications; now, therefore, BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA, HEREBY: I. Directs Division staff to coordinate grant opportunity research and application submission with the Project Manager to the County Administrator. 1 Waives the requirement that grant applications be approved by the Board before submission, and authorizes the County Administrator to manage grant application submission approval and execution of related documents- 3, Authorizes the County Administrator to accept award of grants that have no match criteria, and to execute related documents. t +p PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida. at a meeting of said Board held on the 18th day of July, 2007. Mayor DiGennaro Yes Mayor Pro Tem Spehar Yes Commissioner Neugent Yes Commissioner McCoy Yes y Commissioner Murphy Yes r+:., -c• a 23 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTYJFLORIDA N'r� ,+fit ; : OLHAGE,Cleric tif;r By. ' �' ,• Mayor/Chairman Depuo Clerk o Q cs --- MONROE COUNTY ATTO EY " ApMVED AS TO ZANN ON 7'S:2 COUNTY +t j Date CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (EEOP)Requirements Please read carefully the Instructions(see below)and then complete Section A or Section B or Section C, not all three. ReSciEient's Name: Monroe County DUNS Number: 073876757 Address: 1100 Simonton Street, Key West, FL 33040-3110 Grant`Title: EK C Supportive Hso Amount: $7,50_8 Name and'title of Contact Person: Laura deLoach-Hartle, Grants Administrator Telephone Number: 305.292.4482 E-Mail Address: deloachhartle-laura(a-)monroecountv-fi.aov Section A—Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following boxes that apply: •Recipient has less than fifty employees. o Recipient is an Indian tribe. o Recipient is a medical institution, ©Recipient is a nonprofit organization. c Recipient is an educational institution. o Recipient is receiving an award less than$25,000. 1, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s)checked above,pursuant to 28 C.F.R§42.302. 1 further certify that [recipient] will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or Type Name and Title Signature Date Section B—Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review If'a recipient agency has fifty or more employees and is receiving a single award or subaward of$25,000 or more,but less than$500,000, then the recipient agency does not have to submit an FEOP to the OCR for°review as long as it certifies the following(42 CFR.§42.305)., 1, Roman Gastesi, County Administrator [responsible (?f certify that Monroe Countv BOCC [recipient], which has fifty or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E. I further certify that within the last twenty-four months, the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public, employees, the appropriate state planning agency, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, The EEOP is on file at the following office: Calvin Allen, EEO Officer, Monroe County [organization], 1 [address]. Roman Gastesi, County Administrator Printor pe Vame and Title Si ature Date Section C—Declaration Stating that an EEOP Short Form Has Been Submitted to the Office for Civil Rights for Review 1j'a recipient agency has fifiy or more employees and is receiving a single award or subaward of$500,000 or more, then the recipient agency must send an ESOP Short form to the OCR for review. 1, [responsible official],that [recipient], which has fifty or more employees and is receiving a single award of$500,000 or more, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the Office for Civil Rights,Office of Justice Programs, U.S. Department of Justice. Print or Type Name and Title Signature Date ON113 Control No, 1121-0340 Expiration Date:05/31/2014 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. 0 ,, A "'t I, Signature: Typed Name and Title: Petrina T. Herring, Administrator Date: I� 3 �IN li iN ! it ' 7i Typed Name of Subgra lent' Monroe County Signature: Typed Name and Title: / Roman Gastesi, County Administrator Date: �"►� 13 ii Typed Name of Impl g ency: Monroe County Signature: Typed Name and Title- Rom n Gastesi, County Administrator Date: q �� Application Ref# 2014-JAGC-2342 Section#6 Page 1 of 1 Contract -JAGC-MONR--- Rule Reference 11 D-9.006 OCJG-005(rev.October 2005)