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FY2018 06/19/2019 c�R ao Rr0 11 Kevin Madok, CPA • C •.P 3' .o 1' .�A. Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: July 8, 2019 TO: Janet Gunderson Herbener Senior Grant&Finance Analyst i FROM: Pamela G. Hanco(44 . . SUBJECT: June 19'BOCC Meeting Attached are electronic copies of Item C19, as follows, for your handling: C15 Agreement with Guidance/Care Center for the "Assisted Living Prevents Recidivism" (Heron) Program, in the amount of$28,587.00, for January 1, 2019 through June 30, 2019 (FY2018-2019) as recommended by the Substance Abuse Policy Advisory Board for funding from FDLE, Edward Byrne Memorial Justice Assistance Grant Program. C16 Agreement with Guidance/Care Center for the 'Women's Jail Incarceration Drug Abuse Treatment Program", in the amount of$43,380.00, for January 1, 2019 through September 30, 2019 (FY2018-2019) as recommended by the Substance Abuse Policy Advisory Board for funding from FDLE, Edward Byrne Memorial Justice Assistance Grant Program. Should you have any questions, please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS AGREEMENT THIS AGREEMENT is made and entered into this 19th day of June, 2019, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and Guidance/Care Center, Inc., d/b/a Heron Assisted Living hereinafter referred to as "AGENCY." WITNESSETH WHEREAS, the Florida Department of Law Enforcement has awarded a sub-grant of Edward Byrne Memorial Justice Assistance to the COUNTY to implement the Guidance/Care Center, Inc., d/b/a Heron Assisted Living Prevents Recidivism program; and WHEREAS, the COUNTY is in need of an implementing agency to provide said services under , this Program; and WHEREAS, the AGENCY is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial Justice Assistance Grant funds to the AGENCY in accordance with the COUNTY'S application for the Edward Byrne Memorial Assistance Grant. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the AGENCY agree as follows: 1. TERM - The term of this Agreement is from January 1, 2019 through June 30, 2019, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The AGENCY will provide services, in compliance with all provisions, as outlined in the Edward Byrne Memorial Justice Assistance Sub-grant Award, attached and made a part hereof (Attachment B). 3. FUNDS - The total project budget to be expended by the AGENCY in performance of the services set forth in Section 2 of this agreement shall be the total sum of$28,587. All funds shall be distributed and expended in accordance with the units of service and unit rate identified in the Project Budget Narrative as outlined in the grant agreement. 4. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Sub- grant Award Certificate and Application" and all laws, rules and regulations relating thereto are incorporated by reference (Attachment B). 5. BILLING AND PAYMENT (a) The AGENCY shall comply with the program and expenditure reporting requirements for Edward Byrne Memorial Justice Assistance Sub-grant Award funds. The AGENCY shall provide all documents and information as set forth in Attachment C prior to billing and payment. The AGENCY shall render to the COUNTY a detailed quarterly performance report not later than 7 days after the end of each quarter. The quarterly performance reports must include a response to all objectives included in your project, as described in the Performance section in the grant agreement. A detailed narrative, reflecting on accomplishments, challenges, etc. is required as part of this quarterly report. The AGENCY shall render to the COUNTY, monthly itemized invoices, not later than 30 days after the end of each month, properly dated, describing the services rendered, the unit cost of the services, and all other information required including supporting documentation validating delivery of services. The original invoice shall be sent to: Grants Administrator 1100 Simonton Street, Room 2-213 Key West, FL 33040 (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by the AGENCY. (c) The County shall only make payment subject to the funded amount above, for the documented services provided which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment B — Edward Byrne Memorial Justice Assistance Sub-grant Award. Evidence of services rendered by the PROVIDER shall be in the form of a letter, summarizing the units of services with supporting documentation of service delivery attached. The letter should contain a notarized certification statement. An example of a payment request cover letter is included as Attachment A. 6. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. 7. ACCESS TO FINANCIAL RECORDS - The AGENCY shall maintain appropriate financial records which shall be open to the public at reasonable times and under reasonable conditions for inspection and examination and which comply with the Agreement incorporated in Section 4 of this Agreement. 8. AUDIT - The AGENCY shall submit to the COUNTY an audit report covering the term of this Agreement, within one-hundred twenty (120) days following the Agreement's lapse or early termination and shall also comply with all provisions of the Agreement incorporated in Section 4 of this Agreement. 9. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: FOR PROVIDER: Grants Administrator Maureen Dunleavy, MA, NCC LMHC 1100 Simonton Street Area Director Key West, FL 33040 Guidance/Care Center, Inc., d/b/a The Heron 3000 415t Street Ocean Marathon, FL 33050 Copies of all default notices, notices of breach, termination, legal claim, or indemnity copied to: WestCare Foundation, Inc. Attn: Executive Vice President 1711 Whitney Mesa Drive Henderson, Nevada 89014 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 10. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the AGENCY at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. 11. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the AGENCY shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the AGENCY. If the AGENCY receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 12. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 13. EMPLOYEE STATUS - The AGENCY is an independent contractor. Persons employed by the AGENCY in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNTY. 14. INDEMNIFICATION - The AGENCY covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims and causes of action for medical malpractice, medical negligence, bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the AGENCY occasioned by the negligence, errors, or other wrongful act or omission of the AGENCY'S employees, agents, or volunteers. 15. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. d30' \ � IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be fixed - -y the proper officers thereof for the purposes herein expressed at Monroe C nty, Flola, y i fir..'41 ...y and year first written above. ; s., 7:: ;, BOARD OF CO NTY COMMISSION_ ti� � � Kevin Madok, Clerk OF MONROE 9sUN ORIDA �`" � • llit(i , sf ! ` -7+ Fes!'"� '""".•"O"" Deputy Clerk Ma h r/C irman .:..; n - Q Guidance/Care Center, Inc`.,?p Florid <=- 501c3 not-for-profit corporation, d/b/a 11,,,,�� Heron Assisted Living 2 6/n4v , j�Nv' . +Lec:47 (Federal ID No. q -1[-t 5 32 L1/ ) k Witness By\(\irY)... rikcji4-K—v Witne Direct ROE COU A iRNEY Guidance/Care Center, Inc., a Florida PP OVE Ji, 8RM 501c3 not-for-profit corporation PEDWO J.MERCADO ASSISTANT Date 9 /1 ATTACHMENT A ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the units of services provided for (Organization name) for the period of Number of Units Unit Type Provided for Program Unit Cost Amount Due Service provided XX.XXX $ XX.XX $ XXX.XX Service provided XX.XXX $ XX.XX $ XXX.XX (A) Total $ X,XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D C) $ X,XXX.XX I certify that the above services have been provided to the clients and that the units are accurate and in agreement with the records of this organization. Furthermore, these units are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for payment to any other funding source. Authorized Signatory Attachments (supporting documentation) Sworn to and subscribed before me this day of 20_ by who is personally known to me. Notary Public Notary Stamp mbhdimpm4 FDLE Florida Department of Business Support Ron DeSantis, Governor Law Enforcement Office of Criminal Justice Grants Ashley Moody,Attorney General Post Office Box 1489 Jimmy Patronis, Chief Financial Officer Richard L. Swearingen Tallahassee, FL 32302-1489 Nikki Fried, Commissioner of Agriculture Commissioner (850)617-1250 www.fdle.state.fl.us April 17, 2019 Honorable Sylvia Murphy Mayor Monroe County Board of Commissioners 1100 Simonton Street Key West, FL 33040-1100 Re: Contract No.2019-JAGC-MONR-1-N2-089 - • Dear Mayor Murphy: The Florida Department of Law Enforcement is pleased to award to the Monroe County Board of Commissioners a subgrant in the amount of$28,587.00 for the project titled ASSISTED LIVING PREVENTS RECIDIVISM. This subgrant is provided under the Edward Byrne Memorial Justice Assistance Grant(JAG)Countywide Program and approved under Florida's state JAG award 2017-MU-BX-0187 from the United States Department of Justice(DOJ). These funds shall be used for the purpose(s)identified in the enclosed subaward agreement; } This subaward is subject to all administrative and financial requirements, including timely submission of all financial and performance reports and compliance with all standard conditions. in order to meet the requirements of the Transparency Florida Act(215.985, F.S.),this agreement is provided to the Florida Accountability Contract Tracking System (FACTS). If this agreement contains confidential or exempt information not subject to disclosure under Chapter 119, F.S., please contact the Office of Criminal Justice Grants (OCJG)for guidance on requesting an exemption. The enclosed Certificate of Acceptance is required to be completed and returned within thirty(30)calendar days from 1.he date of award. Completion of the Certificate of Acceptance constitutes official acceptance of the subaward and.all associated terms and conditions. The Department is unable to reimburse any project expenditures until this certificate is re. e ved. We look forward to working with you on this project. Please contact your grant manager at(850)617-1250 if you have any questions or if we can be of further assistance. Sincerely, • h'�2 Rona Kay radit Bureau Chief RKC/rd Enclosures Service •Integrity •Respect • Quality State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE The subgrantee,through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2019-JAGC-MONR-1-N2-089, in the amount of$28,587.00,for a project titled,ASSISTED LIVING PREVENTS RECIDIVISM,for the period of 01/01/2019 through 06/30/2019,to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. This subaward requires that the subrecipient adhere to the following: SUPPLANTING: Federal funds must be used to supplement existing state or local funds for program activities and may not replace state or local funds which have been appropriated or allocated for the same purpose. Federal funds may also not be used to replace state or local funds required by law. In accepting this award the subrecipient certifies that it will not or has not supplanted with federal funds for the approved project. PROCUREMENT STANDARDS:The subrecipient certifies all procurement transactions will comply with the subrecipient's procurement policy provided the policy is compliant with the requirements set forth in the Office of Management and Budget(OMB)Uniform Requirements,2 C.F.R. 200.317-326. In the event the subrecipient's procurement policy does not comply with the OMB procurement requirements,the subrecipient ensures all grant- related procurements will be conducted in a manner consistent with the federal standards. CONFLICT OF INTEREST: Decisions related to use these grant funds must be free from undisclosed personal or organizational conflicts of interest, both in fact and in appearance.The subrecipient certifies the unit of government below is compliant with OMB Uniform Requirements,2 C.F.R.200.112, regarding conflict of interest, and will notify FDLE's Office of Criminal Justice Grants, in writing, of any potential conflicts of interest in accordance with this agreement.The subrecipient also agrees to disclose in a timely manner, in writing, all violations of state or federal criminal law involving fraud, bribery, or gratuity violations. U.S.C. 1373:The subrecipient certifies the unit of government below is in, and will maintain throughout the life of this subaward, compliance with the conditions outlined in the subaward Standard Conditions, Section VII Compliance with 8 U.S.C. 1373.The subrecipient also agrees to disclose in a timely manner, in writing,all violations of these conditions,and any credible evidence indicating a federally funded program or activity, at any tier, is subject to an "information communication restriction." v T / • ,( ig ure of Subg tees Authorized fficial)� /17/(//e/01-n( .44cYzjg (Print Name and Title of Official) ' I,4nnrow lAU4,1 (Ooard 04 bmrniSSiune_r6 (Name of Subgrantee) (, 01019 (Date ot�n cceptance) Rule Reference 11 D-9.006 OCJG-012(rev.June 2012) CERTIFICATE OF SUBAWARD Subrecipient: Monroe County Board of Commissioners Date of Award: 04/17/2019 Grant Period: From: 01/01/2019 TO: 06/30/2019 Project Title: ASSISTED LIVING PREVENTS RECIDIVISM Grant Number: 2019-JAGC-MONR-1-N2-089 Federal Funds: $28,587.00 Matching Funds: $0.00 Total Project Cost: $28,587.00 CFDA Number: 16.738 Federal Award Number: 2017-MU-BX-0187 Federal Awarding Agency: U.S. Department of Justice (USDOJ) Pass-through Entity: Florida Department of Law Enforcement(FDLE) Award is hereby made in the amount and for the period shown above of a subgrant under Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 as amended Subpart 1 of such part(42 U.S.C. 3751-3759);the Consolidated Appropriations Act,2008, Public Law 110-161; and Public Law 109-162, Title XI, Department of Justice Reauthorization, Subtitle B, Improving the Department of Justice's Grant Programs, Chapter 1,Assisting Law Enforcement and Criminal Justice Agencies, Section 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program,to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Office of Justice Programs (OJP) Financial Guide, Common Rule for State and Local Governments, and/or Office of Management and Budget (OMB) Uniform Grant Requirements(2 C.F.R. Part 200), in their entirety. It is also subject to the attached standard conditions and such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of Public Law 90-351, as amended, and Public Law 100- 690. This award is a cost-reimbursement agreement for satisfactory performance of eligible activities. Requests for reimbursement may be submitted quarterly or monthly as designated in the Financial Section of the agreement. Requests for reimbursement will be processed in conjunction with receipt and review of programmatic performance reports to determine successful completion of minimum performance for deliverables. Expenditures must be supported with documentation and provided to the Department upon request. Failure to comply with provisions of this agreement, or failure to meet minimum performance specified in the agreement will result in required corrective action up to and including project costs being disallowed,withholding of federal funds and/or termination of the project, as specified within the terms of the agreement and OMB Uniform Guidance 200.338-200.342. With's hirty(30)days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award must G ret ne. o Department. 1 -.e. l Authorized•icial ate Rona Kay Cradit Bureau Chief \(,)This award is subject to special conditions (attached). State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SPECIAL CONDITION(S) Subrecipient: Monroe County Board of Commissioners Grant Number: 2019-JAGC-MONR-1-N2-089 Grant Title: ASSISTED LIVING PREVENTS RECIDIVISM In addition to the general conditions applicable to fiscal administration,the grant is subject to the following Special Condition(s): Ref#S39524: Within sixty(60)days of award,the County of Monroe must submit a current EEO Plan to the Office of Criminal Justice Grants. Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- County-wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Sylvia Murphy Title: Mayor Address: 1100 Simonton Street City: Key West State: FL Zip: 33040-1100 Phone: 305-453-8787 Ext: Fax: 305-453-8789 Email: murphy-sylvia@monroecounty-fl.gov Chief Financial Officer Name: Kevin Madok Title: Clerk of Court Address: Post Office Box 1980 City: Key West State: FL Zip: 33041-1980 Phone: 305-295-3130 Ext: Fax: Email: kmadok@monroe-clerk.com • Application Ref#2018-JAGC-3295 Section#1 Page 1 of 2 Contract# 2019-JAGC-MONR-1-N2-089 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: Sylvia Murphy Title: Mayor Address: 1100 Simonton Street City: Key West State: FL Zip: 33040-1100 Phone: 305-453-8787 Ext: Fax: 305-453-8789 Email: murphy-sylvia@monroecounty-fl.gov Project Director Name: Janet Gunderson Title: Senior Grants and Finance Analyst Address: 1100 Simonton Street Room 2-213 City: Key West State: FL Zip: 33040-3110 Phone: 305-292-4470 Ext: Fax: 305-292-4515 Email: Gunderson-Janet@monroecounty-fl.gov Application Ref#2018-JAGC-3295 Section#1 Page 2 of 2 Contract# 2019-JAGC-MONR-1-N2-089 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: ASSISTED LIVING PREVENTS RECIDIVISM Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 1/1/2019 End Date: 6/30/2019 Problem Identification Both locally and nationally,jails/prisons contain a significant number of non-violent mentally ill men and women. According to the Bureau of Justice Statistics June 2017 special report, about 1 in 7 state and federal prisoners (14%)and 1 in 4 jail inmates (26%) reported experiences that met the threshold for serious psychological distress (SPD) in the 30 days prior to a survey that was conducted between February 2011 and May 2012. Similarly, 37% of prisoners and 44% of jail inmates had been told in the past by a mental health professional that they had a mental disorder. These numbers contrast significantly with reports of the general population published in SAMHSA's Key Substance Use and Mental Health Indicators in the United States: Results from the 2016 National Survey on Drug Use and Health,which reports an estimated 44.7 million adults aged 18 or older(18.3 percent) had any mental illness (AMI) in the past year. An estimated 10.4 million adults in the nation had a serious mental illness (SMI) in the past year, representing 4.2 percent of all U.S. adults. The study goes on to report that an estimated 8.2 million adults aged 18 or older(3.4 percent of all adults) had both AMI and SPDs in the past year, and 2.6 million adults (1.1 percent of all adults) had co-occurring SMI and SPDs in the past year. About half of the adults with co-occurring AMI and an SPD in the past year did not receive either mental health care or specialty substance use treatment, and about 1 in 3 adults with co-occurring SMI and an SPD did not receive either type of care. To compound this, the 2013 National Survey on Drug Use and Health, Mental Health Findings, reported that the use of illicit drugs in the past year was more likely among adults aged 18 or older with past year mental illness (27.6 percent)than it was among adults who did not have mental illness in the past year(13 percent)This pattern was similar for most specific types of illicit drug use, including the use of marijuana, cocaine, hallucinogens, inhalants, or heroin and the nonmedical use of prescription-type psychotherapeutics. This makes it more likely that those with mental illness will often come in contact with the criminal justice system. The Heron Assisted Living Facility provides stable, affordable, supportive housing to adults with mental illness and who are dually diagnosed (with mental illness and a history of substance abuse). In the "Housing First" model,whereby housing is the critically required component in order to make recovery successful, It has been shown that once people have housing they are more receptive to participating in other programs to deal with mental health and substance abuse issues. The supportive services we provide improve the residents' ability to manage his/her mental illness and maintain sobriety; therefore, greatly reducing the risk of recidivism and improving the quality of life of this very vulnerable population. Information provided by the Monroe County Sheriffs Office indicates that it costs approximately$80.40/day to maintain a prisoner in the County Jail. The daily cost of a stay at North Florida Evaluation and Treatment Center(State Funded Forensic Mental Health Facility) is in excess of$233.00. The cost for a bed day at The Heron is $105.15 and provides a therapeutic environment with access to an array of psychosocial rehabilitation activities. • Application Ref#2018-JAGC-3295 Section#2 Page 1 of 4 Contract# 2019-JAGC-MONR-1-N2- 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 • The problem of incarceration of adults with mental illness and substance abuse, especially those who are not major offenders, remains a significant concern. Almost all jail inmates with co- ocurring mental illness and substance use disorders will leave correctional settings and return to the community. Monroe County has only one Assisted Living Facility with a Mental Health License serving a total of 16 low-income residents (The Heron). The Monroe County Homeless Services Coalition from the 2015 Point-in-Time study performed indicated that there were 575 homeless people in Monroe County at that time. 41% indicated they had a disabling mental health condition. 32% identified substance abuse conditions. These are the very populations that our proposed project will serve. The survey indicates that of the subpopulations of the homeless, one of those with the greatest need and the least resources to serve were the mentally ill. Homeless people with mental illness have been identified as a priority area of need. Outreach, intake, and assessment are core elements of our supported services. In fact, the problems of inappropriate incarceration and its link to homelessness have become so epidemic that the federal Substance Abuse and Mental Health Services Administration (SAMHSA) has identified major initiatives to divert individuals with mental illness from the criminal justice system to mental health treatment and appropriate supported services. The Heron is the only Assisted Living Facility of this kind in Monroe County serving this population: providing housing with support services to adults who are persistently and chronically mentally ill. By directing these type clients to The Heron and similar programs, whether through diversion upon entry to the criminal justice system or at reentry,we can provide a cost effective, stable housing and the supportive services necessary for successful community integration, and therefore decreasing the likelihood of recidivism. The Heron offers a more effective recovery environment than alternatives such as homelessness, correctional institutions, and state psychiatric hospitals. This is a continuation of grant number 2017-JAGC-MONR-2-F9-112. Project Summary (Scope of Work) The Heron will provide housing and supportive services to five (5) men or women who are mentally ill and have a history of both incarceration and substance abuse or dependence. Residents will maintain sobriety and will not be re-incarcerated or re-institutionalized for the entirety of their residency at The Heron. This will be accomplished through community integration and on-site support activities provided by direct care staff on site at The Heron. Heron direct care staff are not required to be licensed to provide support activities. The Heron program staff will provide the supportive services to each individual. Services will be documented in the form of a daily summary note and filed in the client record. Components of this documentation will include: *Specific interventions provided by staff to support each participant. *Activities that the resident participated in that support the program goals. *Identification of risk factors that may inhibit success in obtaining the goals. *Intensified efforts to address relapse, criminal activity, and psychiatric decomposition. The grant will be charged for these activities from 1/01/19 to 6/30/2019. These activities will be performed on a daily full time basis. The grant funds will cover personnel costs to provide direct supportive services through a bundled daily rate. The funds will support unit costs at the Heron house. Application Ref#2018-JAGC-3295 Section#2 Page 2 of 4 Contract# 2019-JAGC-MONR-1-N2- 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 Monroe County will use grant funds to pay for unit costs associated with the Heron House. Deliverables will be completed in accordance with the contractual agreements between the subrecipient and their local vendor/providers (at any tier). Documentation of deliverables performed by the subrecipient and their local contractors/providers must be maintained by the subrecipient and made available for monitoring. Example documentation includes, but is not limited to, procurement records (including quotes, competitive solicitation/bids, etc.), purchase orders, packing slips, delivery/receivable documents, invoices, proof of payment, etc. Documentation for services include, but are not limited to, client activity logs, participant sign-in sheets, timesheets, and/or billing documentation. Documentation and minimum performance required for drawdown of funds includes the completion of at least one activity described in the scope of work above as attested to on the financial expenditure/claim report. All activities discussed in the scope of work or project deliverables are for the local government and implementing agency identified on this award unless noted otherwise. No other local, state, or federal funds will be leveraged for the cost elements identified in this agreement. Application Ref#2018-JAGC-3295 Section#2 Page 3 of 4 Contract# 2019-JAGC-MONR-1-N2- 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: What percentage of the total cost of this project is being funded by sources other than this award? Answer: 93 Question: What is the name of the jurisdiction(s)your agency provides service to. (e.g., City of Miami, Orange County, State of Florida) Answer: Monroe County Question: What is the address of the location being used to provide services for this project? Answer: 67 Coco Plum Drive Marathon, FL 33050 Question: Describe your agency. (e.g., non-profit, community based, government) Answer: Local Government Question: Have you verified that the subgrantee has an active and current registration in SAM.gov? Answer: Yes Question: What is the Operating Capital Outlay threshold used by the subgrantee? If the implementing agency is a sheriffs office, indicate the sheriffs office's threshold instead. Answer: N/A Question: Does the subgrantee receive a single grant in the amount of$750,000 or more from the U.S. Department of Justice? Answer: No Question: Does the implementing agency receive a single grant in the amount of$750,000 or more from the U.S. Department of Justice? Answer: No Question: In your organization's preceding completed fiscal year, did your organization (the subgrantee) receive,at least (a)80 percent or(b) $25,000,000 of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? Answer: Yes Question: If you answered yes above, does the public have access to information about the compensation of the executives in your organization (the subgrantee)through periodic reports filed under section 13(a) or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986? If answer to Part 1, above, was "no," answer N/A. Answer: Yes Question: What is the combined population of the jurisdiction(s)your agency provides services to (according to the 2010 census)? Answer: 73090 Application Ref#2018-JAGC-3295 Section#2 Page 4 of 4 Contract# 2019-JAGC-MONR-1-N2- 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 Performance Info: Performance Reporting Frequency: Quarterly Prime Purpose Area: 10 - Behavioral Health State Purpose Area: 1G - General Questions Objectives and Measures Objective: General Questions-General Questions for All Recipients Measure: General 01 Will your organization be using the crimesolutions.gov website during the grant period regardless of JAG funding? Crimesolutions.gov provides information on several crime reduction and prevention programs and practices. Goal: No Measure: General 02 Will your organization be using the The National Training and Technical Assistance Center(NTTAC)during the grant period, regardless of JAG funding?The NTTAC serves as BJA's training and technical assistance center. You can find resources, tools, webinars, and TTA support on a variety of criminal justice issues and initiatives. Goal: No Measure: General 03 Will your organization be using the NCJP.org website during the grant period, regardless of JAG funding? NCJP.org contains resources to support strategic planning, program development, and implementation of evidence-based policy and practice. Goal: No Measure: General 04 Will your organization be using the Evidence-Based Policing Matrix during the grant period regardless of JAG funding?The Evidence-Based Policing Matrix provides information on evidence-based practices for law enforcement. Goal: No Measure: General 05 Will your organization be using the What Works in Reentry Clearinghouse during the grant period regardless of JAG funding? The clearinghouse provides research on the effectiveness of reentry programs and practices. Goal: No Measure: General 06 Application Ref#2018-JAGC-3295 Section#3 Page 1 of 8 Contract# 2019-JAGC-MONR-1-N2- 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 Will your organization be using Research to Practice during the grant period regardless of JAG funding? Research to Practice promotes the dissemination of research on drug courts to practitioners and policymakers. Goal: No Measure: General 07 Will your organization be using any other resources during the grant period regardless of JAG funding? If yes, please describe them. Goal: Yes, The service provider receives funding from the Department of Children & Families (DCF), Monroe County, the City of Marathon and private fees from residents of the Heron. Measure: General 08 During the grant period, will your agency conduct or sponsor(with or without JAG funds)a survey or focus group of citizens on any of the following topics? Enter all that apply from the following list: Public satisfaction with police services; public satisfaction with prosecution services; public satisfaction with public defender/indigent defense services; public satisfaction with courts; public perceptions of crime/disorder problems; personal crime experiences of citizens; none of the above; unsure/don't know. Goal: No Measure: General 09 During the grant period, which of the following community activities will your organization be involved in, with or without JAG funds and how often will they each occur(yearly, monthly, etc.)? Choose from the following list: Hosting community meetings; attending community meetings; distributing a newsletter, e-mail, or other bulletin; attending community events; conducting social media activities; conducting outreach to minority populations; other(please describe) Goal: A monthly newsletter is published by our Corporate affiliate, WestCare, and on occasion includes contributions from the Heron. The Heron also promotes the program via social media (Facebook). Measure: General 10 Law Enforcement Agencies ONLY: In which of the following ways has your agency fostered community involvement in the last year? Enter all that apply from the following list: Citizen Review Board or other review board with citizen representation, Citizen's Police Academy, Internships for university or high school students, Volunteer Program, Auxiliary police officer program, Police Cadet Program, k-12 school programs,Youth Athletic Programs, Other(please Describe), None of the above, Unsure/Don't know. Application Ref#2018-JAGC-3295 Section#3 Page 2 of 8 Contract# 2019-JAGC-MONR-1-N2- 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 tcDil Goal: N/A Measure: General 11 Identify the goal(s)you hope to achieve with your funding. If you have multiple goals, describe each goal separately. Goal: -90% of the participants will not be re-arrested or re-incarcerated -90%of the participants will not be re-institutionalized. -90% of the participants will not use substances. Measure: General 12 Are the subrecipient and implementing agency aware that they will be required to report on the status of the identified goals during each reporting period? Goal: Yes Measure: General 13 Describe any barriers you may encounter which may prevent you from achieving your identified goal(s). Goal: None Measure: General 14 Are you aware that the Office of Criminal Justice Grants encourages recipients to report on any noteworthy accomplishments, success stories, or program results that they would like to showcase? Goal: Yes Measure: General 11 b What major activities are planned for each of your goals listed in question 11? Goal: Supervision of medication, assistance with meal preparation, assistance with phone calls (to coordinate medical, behavioral health, education, and legal services), provision of and arrangement of transportation (for medical, behavioral health, education, legal services, shopping, or other supportive community activities), assistance with money management, access to social and leisure activities and assisting with access to entitlements. State Purpose Area: 5C- Consultants/Contracts Objectives and Measures Objective: Consultants/Contracts- Questions for all recipients using consultants/contracts. Measure: Consultants) Application Ref#2018-JAGC-3295 Section#3 Page 3 of 8 Contract# 2019-JAGC-MONR-1-N2- Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- County-wide Please describe what consultants/contracts will be paid for with JAG funds during the grant period. Include names, titles and areas of expertise where applicable. Goal: Monroe County will enter into an agreement with the service provider, Guidance/Care Center, a 501 c3 not-for-profit corporation, d/b/a The Heron Assisted Living. State Purpose Area: R25 -Questions for recipients of an award $25,000 or more. Objectives and Measures Objective: B1 General - Behavioral health questions for recipients of an award $25,000 or more. Measure: B01 If you will operate a behavioral health program with JAG funds during the grant period, what percentage of the program's total costs will be paid for with sources other than this JAG award? If you operated more than one program, answer for each separately. Goal: The cost for a bed a day at the Heron is$105.15. The unfunded portion, after factoring Department of Children & Families (DCF), county funding, and private fees is$34.78 per day. This accounts for 33% of the costs. Measure: B02 What is the name of your behavioral health program? If you will operate more than one program/service, answer for each separately. Goal: The Heron Measure: B03 If you will operate a behavioral health program with JAG funds during the grant period, what was the initiation year of that program, regardless of when it received JAG funding? If you will operate more than one program, answer for each separately. Goal: 1988 Measure: B04 What behavioral health services will you provide during the grant period? If you will operate more than one program, answer for each separately. Choose all that apply from the following list: Substance abuse treatment, Mental health treatment, Co- occuring treatment (includes both substance abuse and mental health treatment). Goal: Co-occurring treatment Measure: B05 Are you or a partner planning or conducting an evaluation of your behavioral health program? If you will operate more than one program, answer for each separately. Application Ref#2018-JAGC-3295 Section#3 Page 4 of 8 Contract# 2019-JAGC-MONR-1-N2- Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- County-wide Goal: Yes Measure: B06 If you or a partner are planning or conducting an evaluation of your program, describe the current status of the evaluation, its purpose, who is conducting the evaluation and the evaluation results if applicable. If you will operate more than one program being evaluated, answer for each separately. Goal: Our agency has a performance improvement plan that evaluates programming and outcomes. Evaluation data is compiled through WestCare. Measure: B07 Regardless of JAG funding, how many treatment staff on the program are currently licensed and/or certified in substance abuse treatment? If you operate more than one program, answer for each separately. Goal: None: The Heron provides support services only. Providers are not required to be licensed. Measure: B08 Regardless of JAG funding, how many treatment staff are currently licensed and/or certified in mental health treatment? If you operate more than one program, answer for each separately. Goal: None. The Heron provides support services only. Providers are not required to be licensed. Measure: B09 Regardless of JAG funding, how many treatment staff on the program are currently licensed and/or certified in co-occuring treatment? If you operate more than one program, answer for each separately. Goal: None. The Heron provides support services only. Providers are not required to be licensed. Measure: B10 How many treatment employees does your office currently have on staff? Please count both full-and part-time employees. Goal: 5 Measure: B11 Of the treatment employees your office currently has on staff, how many are JAG funded? Goal: 3 Measure: B12 Regardless of JAG funding, approximately how many new participants will Application Ref#2018-JAGC-3295 Section#3 Page 5 of 8 • Contract# 2019-JAGC-MONR-1-N2- 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 be added to the program for only substance abuse treatment during the grant period? If you will operate more than one program, answer for each separately. Goal: 0 Measure: B13 Regardless of JAG funding, approximately how many total participants will receive only substance abuse treatment services during the grant period? If you will operate more than one program, answer for each separately. . Goal: 0 • Measure: B14 Regardless of JAG funding, approximately how many new participants will be added to the program for only mental health treatment during the grant period? If you will operate more than one program, answer for each separately. Goal: 0 Measure: B15 _ Regardless of JAG funding, approximately how many total participants will receive only mental health treatment services during the grant period? If you will operate more than one program, answer for each separately. Goal: 0 Measure: B16 Regardless of JAG funding, approximately how many new participants will be added to the program for co-occuring treatment during the reporting period? If you will operate more than one program, answer for each separately. Goal: 4 Measure: B17 Regardless of JAG funding, approximately how many total participants will receive co -occuring treatment services during the grant period? If you will operate more than one program, answer for each separately. Goal: 8 Measure: B18 Are you aware that you will be required to complete the behavioral health questionnaire and submit it to your grant manager alongside each performance report. Goal: Yes Objective: B3 Group- Behavioral health questions for recipients engaged in group treatment services who receieve an award of$25,000 or more. Application Ref#2018-JAGC-3295 Section#3 Page 6 of 8 Contract# 2019-JAGC-MONR-1-N2- 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 " bass) s =r Tr'1T6DD Measure: B22 If your treatment program utilizes group treatment, regardless of JAG funding,what is the average group size? If you operate more than one program, answer for each separately. Goal: N/A Measure: B23 Regardless of JAG funding, how many participants are currently active in your program? If you will operate more than one program, answer for each separately. Goal: 4 Objective: B4 Sub. Abuse -Behavioral health questions for recipients engaged in substance abuse treatment services who receieve an award of$25,000 or more. Measure: B24 Does your treatment agency offer a continuum of care for substance abuse treatment, including detoxification, residential, sober living, day treatment, intensive outpatient, and outpatient treatment services? Goal: Yes Measure: B25 Of those enrolled in a substance abuse treatment program for at least 90 days, how many participants were tested for the presence of alcohol or illegal substances during the reporting period, regardless of the number of times tested? If you operate more than one program, answer for each separately. Goal: 0 Measure: B26 Of those enrolled in a substance abuse treatment program for at least 90 days, how many participants tested positive for the presence of alcohol or illegal substances during the reporting period, regardless of the number of times tested. Goal: 0 Objective: B5 Co-Occuring - Behavioral health questions for recipients engaged in co-occuring treatment services who receieve an award of$25,000 or more. Measure: B27 Which of the following co-occuring treatment models do you follow, regardless of JAG funding? If you are operating more than one program, answer for each separately. Choose from the following: Sequential (providing services for one disorder and then another), Parallel (concurrent treatment for mental health and substance abuse), Integrated (treating Application Ref#2018-JAGC-3295 Section#3 Page 7 of 8 Contract# 2019-JAGC-MONR-1-N2- 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 both in the same setting). Goal: Integrated Application Ref#2018-JAGC-3295 Section#3 Page 8 of 8 Contract# 2019-JAGC-MONR-1-N2- Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- County-wide z 51;D7i1 T7Mr1Dfi3i.=11 General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR/Vendor Number: 596000749 Budget: Budget Category Prime Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $28,587.00 $0.00 $28,587.00 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 -- $28,587.00 $0.00 $28,587.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI)? No Application Ref#2018-JAGC-3295 Section#4 Page 1 of 4 Contract# 2019-JAGC-MONR-1-N2- Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- County-wide Budget Narrative: The budget reflects costs directly associated with the prevention of Recidivism in Dually Diagnosed Adults residing in the Heron Assisted Living facility in Marathon, Florida. All services provided at The Heron are included in a bundled daily rate. DCF Unit Cost Budget Byrne Grant Related (12 Months) (9 Months) Total Op Budget: $424,078 $28,587 Unit of Service: A day in residence A day in residence Min Svce Level:4,033.25 days (min.) 822 days (capacity) Unit Rate: $105.15 $34.78 Byrne Grant Budget Grant Funding: $28,587.00 Unit of Service: A day in residence Units of Svc: Approx. 822 days Unit Rate: $34.78 A*9 month was period was used in the calculation of the Unit Price because at time the program was recommended for award by the Substance Abuse Policy Advisory Board (SAPAB)the Heron was temporarily closed due to damage from the Hurricane. The Heron is in full swing now. 9 months*x 30.4 days per month = 274 days x 3 Beds = 822 Bed Days Total Projected Operating Expenses-$28,587/822 (Bed Days) _ $34.78 Note that, while some of the costs of a bed day are partially covered by client fees and DCF state funding, the DCF invoice process assures that there will be no supplanting or double billing: 1. DCF funding is the payer of last resort so any client payments (which are no way covering the full costs-determined to be $105.15 per day per the state funding contract approved July 1, 2018),the HSAB funding and the FDLE funding are reported to offset any state funding that may be due. Other funding is reported in the DCF invoices so as not to double bill. Of note is that all three types of payments are considered as fulfilling the match requirement. 2. The.Byrne grant is only covering a portion of the cost and 3. DCF does not cover all of the client bed days/costs. The funding is limited by contract. The line item is in the budget category of"Contractual Services." A contract with the treatment provider will be developed to be utilized during the established grant period. Monthly invoices are provided to Monroe County by the treatment provider, including units of service provided each month. Documentation summarizing the number of days that each eligible client resided in the facility is available upon request. Invoices are reviewed by County Office staff for approval of payment. Any Application Ref#2018-JAGC-3295 Section#4 Page 2 of 4 Contract# 2019-JAGC-MONR-1-N2- Rule Reference 11 D-9.006 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- County-wide Budget Narrative (Continued): costs overruns will be paid for by the Monroe County. TOTAL PROGRAM COST: 821.94 bed days (3 eligible residents per day x 274 days)times $34.78 =$28,587 (rounded). $28,587 will be funded by Byrne. We are requesting $28,587.00 will be funded by Byrne/JAG. Application Ref#2018-JAGC-3295 Section#4 Page 3 of 4 Contract# 2019-JAGC-MONR-1-N2- Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- County-wide L, :r'l11 4f)(,Il'1 Section Questions: Question: If the budget contains salaries and benefits,will this project result in a net personnel increase, or continue to fund a prior federally grant funded net personnel increase? Answer: No Question: If Expenses or Operating Capital Outlay are included in your budget, what will be the method of procurement for those items? (e.g., competitive bid, sole source, state term contract) Answer: N/A Question: If indirect cost is included, explain the indirect cost plan. Provide documentation of approval. Answer: N/A Question: If contractual services in the budget are based on unit costs, provide a definition and breakdown of cost for each service. Include the methodology for the unit cost plan and when it was approved. Answer: One (1) unit of service = One (1)day in residence. Unit Rate = $34.78 per unit of service or per day in residence. The unit cost rates were derived by using the unit rates from the FY2018-19 state funding contract(ME225-9-27),with South Florida Behavioral Health Network (SFBHN), for Substance Abuse and Mental Health (SAMH)services with the service provider. A contractual agreement will be executed between Monroe County and the service provider that will define the terms of the services to be provided. Application Ref#2018-JAGC-3295 Section#4 Page 4 of 4 Contract# 2019-JAGC-MONR-1-N2- Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- County-wide Section 5: Standard Conditions Insert Standard Conditions Page here. Application Ref#2018-JAGC-3295 Section#5 Page 1 of 1 Contract# 2019-JAGC-MONR-1-N2-089 Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program SUBAWARD STANDARD CONDITIONS The State of Florida, Department of Law Enforcement(FDLE) is a recipient of federal JAG funds. FDLE, as the non- federal pass-through entity and State Administering Agency(SAA)for this program, subawards JAG funds to eligible units of government. All subawards made by FDLE to units of government under this program require compliance with the agreement and Standard Conditions upon signed acceptance of the subaward. Upon approval of the application, or subaward, the following terms and conditions will become binding. As a unit of government, the subrecipient will maintain required state and federal registrations and certifications for eligibility under this program. For JAG-Countywide subawards, the designated County Coordinator for local units of government will submit documentation in accordance with Florida Administrative Code 11 D-9 supporting the strategic planning for allocation of these funds. The subrecipient agrees to submit required programmatic and financial reports supporting eligible activities were completed in accordance with the grant and program requirements. The Department will only reimburse subrecipients for authorized activities. The Department will not reimburse for costs incurred for any purpose other than those specified in the agreement. Failure to comply with provisions of this agreement, or failure to perform grant activities as specified in the agreement,will result in required corrective action up to and including financial consequences. A financial consequence may be imposed for non-compliance in accordance with 2 C.F.R. § 200 and these Standard Conditions, including but not limited to project costs being disallowed,withholding of federal funds and/or termination of the project. GENERAL REQUIREMENTS All subrecipients must comply with the financial and administrative requirements set forth in the following: Current edition of the U.S.Department of Justice(DOJ)Grants Financial Guide https://oip.gov/financialquide/doj/pdfs/DOJ FinancialGuide.pdf Office of Management and Budget(OMB) Uniform Grant Guidance(2 CFR Part 200) Subpart A, Definitions Subparts B-D,Administrative Requirements Subpart E, Cost Principles Subpart F,Audit Requirements and all applicable Appendices Code of Federal Regulations:www.gpo.gov/fdsys/ 2 C.F.R.§175.15(b),Award Term for Trafficking in Persons 28 C.F.R.§38, Equal Treatment for Faith-Based Organizations 28 C.F.R.§66, U.S. Department of Justice Common Rule for State and Local Governments 28 C.F.R.§83,Government-Wide Requirements for Drug-Free Workplace 28 C.F.R.§§18,22,23,30,35,42,61,and 63 State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: http://dos.mvflorida.com/media/693574/general-records-schedulegs01-sl.pdf and http://dos.mvflorida.com/media/698314/qs2-s1-2017-final.pdf State of Florida Statutes Section 215.971,F.S.,Agreements funded with federal or state assistance Section 215.985, F.S.,Transparency in government spending FY17/SFY2018 JAG Standard Conditions Page 1 of 16 Rev.09/2018 DEFINITIONS at 48 CFR Subpart 2.1 (Definitions). It is $3,500 r except as otherwise discussed in Subpart 2.1 of that Disallowed costs means those charges to a Federal regulation, but this threshold is periodically adjusted award that the Federal awarding agency or pass- for inflation. through entity determines to be unallowable, in Modified Total Direct Cost (MTDC) means all direct accordance with the applicable Federal statutes, regulations,or the terms and conditions of the Federal salaries and wages, applicable fringe benefits, award. materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the Equipment means tangible personal property period of performance of the subawards under the (including information technology systems) having a award). MTDC excludes equipment, capital useful life of more than one year and a per-unit expenditures, charges for patient care, rental costs, acquisition cost which equals or exceeds the lesser of tuition remission, scholarships and fellowships, the capitalization level established by the non-Federal participant support costs and the portion of each entity for financial statement purposes,or$5,000.See subaward in excess of$25,000. Other items may only also §§200.12 Capital assets, 200.20 Computing be excluded when necessary to avoid a serious devices, 200.48 General purpose equipment, 200.58 inequity in the distribution of indirect costs, and with Information technology systems, 200.89 Special the approval of the cognizant agency for indirect purpose equipment,and 200.94 Supplies. costs. Grant agreement means a legal instrument of Non-Federal entity is a state, local government, financial assistance between a Federal awarding Indian tribe, institution of higher education (IHE), or agency or pass-through entity and a non-Federal nonprofit organization that carries out a Federal entity that, consistent with 31 U.S.C. 6302, 6304, is award as a recipient or subrecipient. used to enter into a relationship the principal purpose of which is to transfer anything of value from the Non-federal pass-through entity is a non-Federal Federal awarding agency or pass-through entity to the entity that provides a subaward to a subrecipient to non-Federal entity to carry out a public purpose carry out part of a Federal program; the Florida authorized by a law of the United States (see 31 Department of Law Enforcement (FDLE) is the non- U.S.C. 6101(3)); and not to acquire property or federal pass-through entity for this agreement, also services for the Federal awarding agency or pass- referred to as the State Administering Agency(SAA). through entity's direct benefit or use; and is ` J' distinguished from a cooperative agreement in that it Period of performance means the time during which does not provide for substantial involvement between the non Federal entity may incur new obligations to the Federal awarding agency or pass-through entity carry out the work authorized under the Federal and the non-Federal entity in carrying out the activity award. The Federal awarding agency or pass-through contemplated by the Federal award. entity must include start and end dates of the period of performance in the Federal award (see §§200.210 Improper payment means any payment that should Information contained in a Federal award paragraph not have been made or that was made in an incorrect (a)(5) and 200.331 Requirements for pass-through amount(including overpayments and underpayments) entities, paragraph(a)(1)(iv)). under statutory, contractual, administrative, or other legally applicable requirements and; Improper Protected Personally Identifiable Information (PII) payment includes any payment to an ineligible party, means an individual's first name or first initial and last any payment for an ineligible good or service, any name in combination with any one or more of types of duplicate payment, any payment for a good or service information, including, but not limited to social security not received (except for such payments where numbers; passport numbers; credit card numbers; authorized by law), any payment that does not clearances; bank numbers; biometrics;date and place account for credit for applicable discounts, and any of birth; mother's maiden name; criminal, medical, and payment where insufficient or lack of documentation financial records; and educational transcripts. This prevents a reviewer from discerning whether a does not include PII that is required by law to be payment was proper. disclosed. (See also § 200.79 Personally Identifiable Information(PII)). Micro-purchase means a purchase of supplies or services using simplified acquisition procedures, the Questioned cost means a cost that is questioned by aggregate amount of which does not exceed the the auditor because of an audit finding 1)that resulted micro-purchase threshold. The non-Federal entity from a violation or possible violation of a statute, uses such procedures in order to expedite the regulation, or the terms and conditions of a Federal completion of its lowest dollar small purchase award, including for funds used to match Federal transactions and minimize the associated funds; 2)where the costs, at the time of the audit, are administrative burden and cost. The micro-purchase not supported by adequate documentation; or 3) - threshold is set by the Federal Acquisition Regulation where the costs incurred appear unreasonable and do FY17/SFY2018 JAG Standard Conditions Page 2 of 16 Rev.09/2018 not reflect the actions a prudent person would take in the expected start date. the circumstances. If a project is not operational within 90 days of the Simplified acquisition threshold means the dollar original start date of the award period, the amount below which a non-Federal entity may subrecipient must submit a second statement to purchase property or services using small purchase the Department explaining the implementation methods. Non-Federal entities adopt small purchase delay. procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. Upon receipt of the ninety (90) day letter, the The simplified acquisition threshold is set by the Department shall determine if the reason for Federal Acquisition Regulation at 48 C.F.R. Subpart delay is justified or shall, at its discretion, 2.1 (Definitions) and in accordance with 41 U.S.C. § unilaterally terminate this agreement and re- 1908. As of the publication of this part, the simplified obligate subaward funds to other Department acquisition threshold is$150,000, but this threshold is approved projects. The Department, where periodically adjusted for inflation. (Also see definition warranted by extenuating circumstances, may of Micro-purchase, 2 C.F.R.§200.67) extend the starting date of the project past the ninety(90) day period, but only by formal written Subaward is an award provided by a pass-through adjustment to this agreement. entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass- 3.0 Supplanting - The subrecipient agrees that through entity. It does not include payments to a funds received under this award will not be used contractor or payments to an individual that is a to supplant state or local funds, but will be used beneficiary of a Federal program.A subaward may be to increase the amounts of such funds that provided through any form of legal agreement, would, in the absence of federal funds, be made including an agreement that the pass-through entity available for law enforcement activities. considers a contract. 4.0 Personnel Changes - The subrecipient agrees Subrecipient means a non-Federal entity that to promptly notify the Department through the receives a subaward from a pass-through entity to SIMON Help Desk of any change in chief officials carry out part of a Federal program; but does not or key project staff, including changes to contact include an individual that is a beneficiary of such information or title changes. The subrecipient program. A subrecipient may also be a recipient of acknowledges that some changes in points of other Federal awards directly from a Federal contact will require formal grant adjustment to awarding agency. reflect the change in the agreement. Supplies means all tangible personal property other 5.0 Non-Procurement, Debarment and than those described in §200.33 Equipment. A Suspension -The subrecipient agrees to comply computing device is a supply if the acquisition cost is with Executive Order 12549, Debarment and less than the lesser of the capitalization level Suspension and 2 C.F.R. § 180, "OMB established by the non-Federal entity for financial Guidelines To Agencies On Government wide statement purposes or $5,000, regardless of the Debarment And Suspension (Non-procurement)". length of its useful life. See also §§200.20 Computing These procedures require the subrecipient to devices and 200.33 Equipment. certify it shall not enter into any lower tiered covered transaction with a person who is SECTION I: TERMS AND debarred, suspended, declared ineligible or is 'CONDITIONS voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subaward is $100,000 or 1.0 Payment Contingent on Appropriation and more, the sub recipient and implementing agency Available Funds - The State of Florida's certify that they and their principals: obligation to pay under this agreement is contingent upon an annual appropriation by the 1) Are not presently debarred, suspended, Florida Legislature. Furthermore, the obligation proposed for debarment, declared ineligible, of the State of Florida to reimburse subrecipients sentenced to a denial of federal benefits by a for incurred costs is subject to available federal state or federal court, or voluntarily excluded funds. from covered transactions by any federal department or agency; 2.0 Commencement of Project - If a project is not operational within 60 days of the original start 2) Have not within a three-year period date of the award period, the subrecipient must preceding this application been convicted of report by letter to the Department the steps taken or had a civil judgment rendered against to initiate the project, the reasons for delay, and them for commission of fraud or a criminal FY17/SFY2018 JAG Standard Conditions Page 3 of 16 Rev. 09/2018 offense in connection with obtaining, condition, means an adult facility or detention attempting to obtain, or performing a public center owned and/or operated by city, county, or (federal, state, or local) transaction or municipality. It does not include juvenile contract under a public transaction; violation detention centers. "Pay-to-stay" programs as of federal or state antitrust statutes or referenced in this condition, means a program by commission of embezzlement, theft, forgery, which extraordinary services, amenities and/or bribery, falsification or destruction of records, accommodations, not otherwise available to the making false statements, or receiving stolen general inmate population, may be provided, property; based upon an offender's apparent ability to pay, such that disparate conditions of confinement are 3) Are not presently indicted for or otherwise created for the same or similar offenders within a criminally or civilly charged by a jurisdiction. governmental entity (federal, state, or local) with commission of any of the offenses 10.0 The Coastal Barrier Resources Act - The enumerated in paragraph (1)(b) of this subrecipient will comply and assure the certification;and compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. No. 4) Have not within a three-year period 97-348)dated October 19, 1982(16 USC 3501 et preceding this application had one or more seq.)which prohibits the expenditure of most new public transactions (federal, state, or local) federal funds within the units of the Coastal terminated for cause or default. Barrier Resources System. 6.0 Federal Restrictions on Lobbying - In general, as a matter of federal law, federal funds may not 11.0 Background Check - Whenever a background be used by any subrecipient at any tier, either screening for employment or a background directly or indirectly, to support or oppose the security check is required by law for employment, enactment, repeal, modification, or adoption of unless otherwise provided by law, the provisions any law, regulation, or policy, at any level of of§435, F.S.shall apply. government. See 18 U.S.C.§ 1913. All employees in positions designated by law as Another federal law generally prohibits federal positions of trust or responsibility shall be funds from being used by any subrecipient at any required to undergo security background tier, to pay any person to influence (or attempt to investigations as a condition of employment and influence) a federal agency, a Member of continued employment. For the purposes of the Congress, or Congress (or an official or subsection, security background investigations employee of any of them) with respect to the shall include, but not be limited to, employment awarding of a federal grant or cooperative history checks,fingerprinting for all purposes and agreement, subgrant, contract, subcontract, or checks in this subsection, statewide criminal and loan, or with respect to actions such as renewing, juvenile records checks through the Florida extending, or modifying any such award. See 31 Department of Law Enforcement, and federal U.S.C. § 1352. • criminal records checks through the Federal Bureau of Investigation, and may include local 7.0 State Restrictions on Lobbying - In addition to criminal records checks through local law the provisions contained above, the expenditure enforcement agencies. of funds for the purpose of lobbying the legislature or a state agency is prohibited under 12.0 Such background investigations shall be this agreement. conducted at the expense of the employing agency or employee. Privacy Certification - The 8.0 Additional Restrictions on Lobbying - The subrecipient must comply with all confidentiality subrecipient understands and agrees that it requirements of 42 U.S.C. §3789g and 28 C.F.R. cannot use any federal funds, either directly or § 22 that are applicable to collection, use, and indirectly, in support of the enactment, repeal, revelation of data or information. subrecipient modification or adoption of any law, regulation or further agrees, as a condition of grant approval, policy, at any level of government, without the to submit a Privacy Certificate that is in accord express prior written approval of the Office of with requirements of 28 C.F.R. §§ 22 and, in Justice Programs. particular, 22.23. Privacy Certification forms must be signed by the subrecipient or implementing 9.0 "Pay—to—Stay" - Funds from this award may not agency chief official or an individual with formal, be used to operate a "pay-to-stay" program in written signature authority for the chief official. any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" 13.0 Conferences and Inspection of Work - programs. "Local jail", as referenced in this Conferences may be held at the request of any FY17/SFY2018 JAG Standard Conditions Page 4 of 16 Rev. 09/2018 party to this agreement. At any time, a Equal Employment Opportunity Program representative of the Department, of the U.S. (EEOP) -A subrecipient or implementing agency Department of Justice, or the Auditor General of must comply with all applicable requirements in the State of Florida, have the right of visiting the 28 C.F.R.§42, Subpart E. project site to monitor, inspect and assess work performed under this agreement. Subrecipients are advised to use the Office for Civil Rights EEO Reporting Tool to satisfy this 14.0 Insurance for Real Property and Equipment - condition(https://oip.00v/about/ocr/eeop.htm). The subrecipient must, at a minimum, provide the equivalent insurance coverage for real property 3.0 Title IX of the Education Amendments of 1972 and equipment acquired or improved with If the subrecipient operates an education Federal funds as provided to property owned by program or activity, the subrecipient must comply the non-Federal entity. with all applicable requirements of 28 C.F.R. § 54, "Nondiscrimination on the basis of sex in 15.0 Flood Disaster Protection Act - The sub education programs or activities receiving federal recipient will comply with Section 102(a) of the financial assistance." Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase 4.0 Equal Treatment for Faith Based Organizations of flood insurance in communities where such The subrecipient at any tier, must comply with all insurance is available as a condition of the applicable requirements of 28 C.F.R. § 38, "Equal receipt of any federal financial assistance for Treatment for Faith Based Organizations", construction or acquisition purposes for use in specifically including the provision for written any area that has been identified as an area notice to current or prospective program having special flood hazards. beneficiaries. 16.0 Immigration and Nationality Act No public 5.0 Americans with Disabilities Act-Subrecipients must comply with the requirements of the funds will intentionally be awarded to any Americans with Disabilities Act(ADA), Public Law contractor who knowingly employs unauthorized 101-336, which prohibits discrimination on the alien workers, constituting a violation of the basis of disability including provision to provide employment provisions contained in 8 U.S.C. reasonable accommodations. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The 6.0 Section 504 of the Rehabilitation Act of 1973 Department shall consider the employment by (28 C.F.R.§42,Subpart G)-Subrecipients must any contractor of unauthorized aliens a violation comply with all provisions prohibiting of Section 274A(e) of the INA. Such violation by discrimination on the basis of disability in both the subrecipient of the employment provisions employment and the delivery of services. contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract 7.0 Age Discrimination Act of 1975-Subrecipients by the Department. must comply with all requirements in Subpart I of . 28 C.F.R. §42 which prohibits discrimination SECTION II: CIVIL RIGHTS based on age in federally assisted programs. REQUIREMENTS 8.0 Limited English Proficiency (LEP) - In 1.0 Participant Notification of Non-discrimination accordance with Department of Justice Guidance FDLE does not discriminate on the basis of race, pertaining to Title VI of the Civil Rights Act of color, religion, national origin, sex, disability or 1964, 42 U.S.C. §2000d, subrecipients of federal age in the delivery of services, benefits or in financial assistance must take reasonable steps employment. to provide meaningful access to their programs and activities for persons with LEP. FDLE 2.0 Title VI of the Civil Rights Act of 1964 - The strongly advises subrecipients to have a written subrecipient at any tier, must comply with all LEP Language Access Plan. For more applicable requirements of 28 CFR § 42, information visit www.lep.gov. specifically including any applicable requirements in Subpart E that relate to an equal employment 9.0 Finding of Discrimination - In the event a opportunity program. federal or state court or federal or state administrative agency makes, after a due Equal Employment Opportunity Certification process hearing, a finding of discrimination on (EEOC) -A subrecipient or implementing agency the grounds of race, color, religion, national must submit an EEO Certification annually within origin, sex, or disability against a subrecipient of 120 days of award. funds, the subrecipient will forward a copy of the FY17/SFY2018 JAG Standard Conditions Page 5 of 16 Rev.09/2018 finding to FDLE and to the Office for Civil Rights, systems must be able to record and report on the Office of Justice Programs. receipt, obligation, and expenditure of grant funds; and able to accommodate a fund and 10.0 Filing a Complaint- If the subrecipient or any of account structure to separately track receipts, its employees, contractors, vendors, or program expenditures, assets, and liabilities for awards, beneficiaries has a discrimination complaint, they programs, and additional tiered subrecipients. may file a complaint with the subrecipient, with The awarded funds may or may not be an FDLE,or with the Office for Civil Rights. interest bearing account, but any earned interest must be used for program purposes and Discrimination complaints may be submitted to expended before the federal grant period end FDLE at Office of the Inspector General, Post date. Any unexpended interest remaining at the Office Box 1489, Tallahassee, •Florida 32302- end of the federal grant period must be submitted 1489, or online at info(a�fdle.state.fl.us. Any to the Office of Criminal Justice Grants for discrimination complaints filed with FDLE will be transmittal to DOJ. reviewed by FDLE's Inspector General and referred to the Office for Civil Rights, the Florida 2.0 Match -The value or amount of any"non-federal Commission on Human Relations, or the Equal share," "match," or cost-sharing contribution Employment Opportunity Commission, based on incorporated into the approved budget is part of the nature of the complaint. the "project cost" for purposes of the 2 C.F.R. § 200 Uniform Requirements, and is subject to Discrimination complaints may also be submitted audit. In general, the rules and restrictions that to the Office for Civil Rights, Office of Justice apply to award funds from federal sources also Programs, U.S. Department of Justice, 810 7th apply to funds in the approved budget that are Street, Northwest,Washington, D.C.20531, or by provided as"match"or through "cost sharing." phone at(202)307-0690. SECTION IV: SUBAWARD 11.0 Retaliation In accordance with federal civil MANAGEMENT AND REPORTING rights laws, the subrecipient shall not retaliate against individuals for taking action or REQUIREMENTS participating in action to secure rights protected by these laws. 1.0 Obligation of Subrecipient Funds - Subaward 12.0 Non-discrimination Contract Requirements - funds shall not under any circumstances be Subrecipients must include comprehensive Civil obligated prior to the effective date, or Rights nondiscrimination provisions in all subsequent to the termination date, of the period contracts funded by the subrecipient. of performance. Only project costs incurred on or after the effective date, and on or prior to the 13.0 Pass-through Requirements - Subrecipients termination date of the subrecipient's project are are responsible for the compliance of contractors eligible for reimbursement. All payments must be and other entities to whom they pass-through completed within thirty(30)days of the end of the, funds including compliance with all Civil Rights subaward period of performance. requirements. These additional tier subrecipients must be made aware that they may file a 2.0 Use of Funds - Grant funds may be used only discrimination complaint with the subrecipient, for the purposes in the subrecipient's approved with FDLE, or with the USDOJ Office for Civil application. Subrecipients shall not undertake Rights and provided the contact information. any work or activities not described in the approved grant award, and that use staff, SECTION III: FINANCIAL equipment, or other goods or services paid for REQUIREMENTS AND with grant funds, without prior written approval from FDLE's Office of Criminal Justice Grants RESPONSIBILTY (OCJG). 1.0 Fiscal Control and Fund Accounting 3.0 Advance Funding - Advance funding may be Procedures - All expenditures and cost provided to a subrecipient upon a written request accounting of funds shall conform to the DOJ to the Department. The request must be Grants Financial Guide, the 28 C.F.R. § 66, and electronically signed by the subrecipient or 2 C.F.R. §200 as applicable, in their entirety. implementing agency's Chief Financial Officer or the Chief Financial Officer designee. Subrecipients are required to establish and maintain adequate accounting systems and 4.0 Performance and Reporting financial records and to accurately account for funds awarded to them. Financial management Reporting Time Frames - The Project Director, FY17/SFY2018 JAG Standard Conditions Page 6 of 16 Rev.09/2018 Application Manager, or Performance Contacts services from an alternate source. Any payment shall submit Monthly or Quarterly Project made in reliance on subrecipient's evidence of Performance Reports to the Department, within performance, which evidence is subsequently fifteen (15) days after the end of the reporting determined to be erroneous, will be immediately period. In addition, if the subaward period is due to the Department as an overpayment. extended beyond the "original" project period, additional Project Performance Reports shall be 5.0 Grant Adjustments - Subrecipients must submit submitted. a grant adjustment through SIMON for major substantive changes such as changes in project Failure to Submit - Performance Reports that activities or scope of the project, target are not complete,accurate, and timely may result populations, service providers, implementation in sanctions, as specified in Section IV, schedules, project director, and designs or Subaward Management and Reporting research plans set forth in the approved Requirements. agreement and for any budget changes that affect a cost category that was not included in the Report Contents - Performance Reports must original budget. Adjustments are also required include a response to all objectives included in when there will be a transfer of 10% or more of your subaward.A detailed response is required in the total budget between budget categories, or the narrative portion for yes/no performance there is an indirect cost rate category change. objectives. Submitted performance reports must clearly articulate, where appropriate, Subrecipients may transfer up to 10% of the total performance during the execution of the award budget between current, approved budget has met a standard against which the categories without prior approval as long as the subrecipient's performance can be measured. funds are transferred to an existing line item. The narrative must also reflect on accomplishments for the period and identify Under no circumstances can transfers of funds problems with project implementation and increase the total budgeted award. address actions being taken to resolve the problems. Additional information may be required Requests for changes to the subaward if necessary to comply with federal reporting agreement must be electronically signed by the requirements. subrecipient or implementing agency's chief official or the chief official's designee. Requirement for Data on Performance and Effectiveness Under the Award - The All requests for changes must be submitted in subrecipient must collect and maintain data that SIMON no later than ninety (90) days prior to measures the performance and effectiveness of grant expiration date. work under this award. The data must be provided to OCJG in the manner(including within 6.0 Financial Expenditures and Reporting the timeframes) specified by OCJG. Data collection supports compliance with the Reporting Requirements - The subrecipient Government Performance and Results Act shall have a choice of submitting either a Monthly (GPRA) and the GPRA Modernization Act of or a Quarterly Project Expenditure Report to the 2010,and other applicable laws. Department. Project Expenditure Reports are due thirty (30) days after the end of the reporting Financial Consequences for Failure to period. In addition, if the subaward period is Perform - In accordance with s. 215.971 F.S., extended, additional Project Expenditure Reports payments for state and federal financial shall be submitted. assistance must be directly related to the scope of work and meet the minimum level of All project expenditures for reimbursement of performance for successful completion. If the subrecipient costs shall be submitted on the subrecipient fails to meet the minimum level of Project Expenditure Report Forms prescribed service or performance identified in this and provided by the Office of Criminal Justice agreement, or is customary for subawards, then Grants (OCJG) through the SIMON (Subgrant the Department will apply financial consequences Information Management Online). commensurate with the deficiency. Financial consequences may include but are not limited to All Project Expenditure Reports shall be withholding payments or reimbursement until the submitted in sufficient detail for proper pre-audit deficiency is resolved, tendering only partial and post-audit. payment/reimbursement, imposition of other financial consequences according to the All reports must relate financial data to Standard Conditions as applicable, and/or performance accomplishments. termination of contract and requisition of goods or FY17/SFY2018 JAG Standard Conditions Page 7 of 16 Rev. 09/2018 Before the "final" Project Expenditure Report will such proceedings,through the federal System for be processed, the subrecipient must submit to Award Management ("SAM"), to the designated the Department all outstanding project reports federal integrity and performance system and must have satisfied all special conditions. ("FAPIIS"). Failure to comply with the above provisions shall result in forfeiture of reimbursement. SECTION V:- MONITORING AND Reports are to be submitted even when no AUDITS reimbursement is being requested. 1.0 Access to Records -The Florida Department of Submission - The report must be electronically Law Enforcement, the Auditor General of the signed by the subrecipient or implementing State of Florida, the U.S. Department of Justice, agency's Chief Financial Officer or the Chief the U.S. Comptroller General or any of their duly • Financial Officer designee. authorized representatives, shall have access to books, documents, papers and records of the 7.0 Project Generated Income (PGI) - All income subrecipient, implementing agency and generated as a direct result of a sub project shall contractors for the purpose of audit and be deemed program income. Program income examination according to the Financial Guide and from asset seizures and forfeitures is considered the 28 C.F.R. § 66. At any time, a representative earned when the property has been adjudicated of the Department, the U.S. Department of to the benefit of the plaintiff(i.e., law enforcement Justice, or the Auditor General of the State of entity). Florida, have the right to visit the project site to monitor, inspect and assess work performed Required Reports - The subrecipient shall under this agreement. submit Quarterly PGI Earnings and Expenditures Reports to the Department within thirty (30) days The Department reserves the right to unilaterally after the end of the reporting period covering terminate this agreement if the subrecipient, subaward project generated income and implementing agency, or contractor refuses to expenditures during the previous quarter. If any allow public access to all documents, papers, PGI remains unspent after the subaward ends, letters, or other materials subject to provisions of the .subrecipient must continue submitting s. 119, F.S., unless specifically exempted and/or quarterly PGI reports until all funds are made confidential by operation of s. 119, F.S., expended. and made or received by the subrecipient or its contractor in conjunction with this agreement. PGI Expenditure - Program income should be used as earned and expended as soon as The subrecipient will give the awarding agency or possible and used to further the objects in which the General Accounting Office, through any the award was made. Any unexpended PGI authorized representative, access to and the right remaining at the end of the federal grant period to examine all paper or electronic records related must be submitted to OCJG for transmittal to the to the financial assistance. Bureau of Justice Assistance. 2.0 Monitoring-The recipient agrees to comply with Submission - PGI Earnings and Expenditures FDLE's grant monitoring guidelines, protocols, reports must be electronically signed by the and procedures; and to cooperate with FDLE on subrecipient or implementing agency's chief all grant monitoring requests, including requests financial officer or the chief financial officer's related to desk reviews, enhanced programmatic designee. desk reviews, and/or site visits. The recipient agrees to provide FDLE all ,documentation . 8.0 Subrecipient Integrity and Performance necessary to complete monitoring of the award. Matters - Requirement to report information on Further, the recipient agrees to abide by certain civil, criminal, and administrative reasonable deadlines set by FDLE for providing proceedings to OCJG,SAM and FAPIIS. requested documents. Failure to cooperate with grant monitoring activities may result in sanctions The subrecipient must comply with any and all affecting the recipient's award, including, but not applicable requirements regarding reporting of limited to: withholding and/or other restrictions on information on civil, criminal, and administrative the recipient's access to funds, referral to the proceedings connected with (or connected to the Office of the Inspector General for audit review, performance of) either this award or any other designation of the recipient as a FDLE High Risk grant, cooperative agreement, or procurement grantee,or termination of award(s). contract from the federal government. Under certain circumstances, subrecipients of OJP 3.0 Property Management - The subrecipient shall awards are required to report information about establish and administer a system to protect, FY17/SFY2018 JAG Standard Conditions Page 8 of 16 Rev. 09/2018 E" preserve, use, maintain and dispose of any property furnished to it by the Department or 7.0 Retention of Records - The subrecipient shall purchased pursuant to this agreement according maintain all records and documents for a to federal property management standards set minimum of five (5) years from the date of the forth in the DOJ Grants Financial Guide, and 28 final financial statement and be available for audit C.F.R. § 66. This obligation continues as long as and public disclosure upon request of duly the subrecipient retains the property, authorized persons. The subrecipient shall notwithstanding expiration of this agreement. comply with State of Florida General Records Schedule GS1-SL for State and Local Property Use - The subrecipient must use Government Agencies: equipment acquired under a Federal award for http://dos.myflorida.com/media/693574/oeneral- the authorized purposes of the project during the records-schedulegs0l-sl.pdf period of performance, or until the property is no longer needed. Subrecipients must use, manage 8.0 Disputes and Appeals - The Department shall and dispose of equipment acquired under a make its decision in writing when responding to Federal award in accordance with ss. 274, F.S. any disputes, disagreements, or questions of fact Tangible Property and 200.313, F.S., Equipment. arising under this agreement and shall distribute its response to all concerned parties. The 4.0 Subaward Closeout-A Financial Closeout Audit subrecipient shall proceed diligently with the shall be submitted to the Department within forty- performance of this agreement according to the five (45)days of the end date of the performance Department's decision. If the subrecipient period. appeals the Department's decision, the appeal also shall be made in writing within twenty-one The Financial Closeout Audit report located in (21) calendar days to the Department's clerk SIMON must be electronically signed by the (agency clerk). The subrecipient's right to appeal subrecipient or implementing agency's Chief the Department's decision is contained in § 120, Financial Officer or the Chief Financial Officer F.S., and in procedures set forth in Rule 28- designee. 106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver Subaward Closeout will be initiated by the of proceedings under Chapter 120, F.S. Department after the Financial Closeout has been completed and approved. Failure to submit 9.0 Failure to Address Audit Issues - The closeout reports timely will result in an subrecipient understands and agrees that FDLE's Administrative Closeout by the Department. OCJG may withhold award funds, or may impose award conditions or other related requirements, if 5.0 High Risk Subrecipients - If a subrecipient is (as determined by OCJG) the subrecipient does designated "high risk" by a federal grant-making not satisfactorily and promptly address agency, currently or at any time during the course outstanding issues from audits required by the 2 of the period of performance under this award, C.F.R. § 200 Uniform Requirements (or by the the subrecipient must disclose that fact and terms of this award), or other outstanding issues certain related information to FDLE's OCJG. For that arise in connection with audits, purposes of this disclosure, high risk includes any investigations, or reviews. status under which a federal awarding agency provides additional oversight due to the 10.0 Single Annual Audit-Subrecipients that expend subrecipient's past performance, or other $750,000 or more in a year in federal awards programmatic or financial concerns with the shall have a single audit or program-specific audit subrecipient. The subrecipient's disclosure must conducted for that year. The audit shall be include the following: 1. The federal awarding performed in accordance with the OMB 2 C.F.R. agency that currently designates the subrecipient §200 Subpart F—Audit Requirements and other high risk, 2. The date the subrecipient was applicable federal law. The contract for this designated high risk, 3. The high-risk point of agreement shall be identified in the Schedule of contact at that federal awarding agency (name, Federal Financial Assistance in the subject audit. phone number, and email address), and 4. The The contract shall be identified as federal funds reasons for the high-risk status, as set out by the passed through the Florida Department of Law federal awarding agency. Enforcement and include the contract number, CFDA number, award amount, contract period, 6.0 Imposition of Additional Requirements - The funds received and disbursed. When applicable, subrecipient agrees to comply with any additional the subrecipient shall submit an annual financial requirements that may be imposed by OCJG audit that meets the requirements of 2 C.F.R. § during the period of performance for this award, if 200 Subpart F, "Audit Requirements" s. 215.97, the subrecipient is designated as "high risk" for F.S., "Florida Single Audit Act" and Rules of the purposes of the DOJ high-risk grantee list. Auditor General, Chapter 10.550, and Chapter FY17/SFY2018 JAG Standard Conditions Page 9 of 16 Rev. 09/2018 10.650, "Local Governmental Entity Audits" and is at or above the $35,000 acquisition threshold "Florida Single Audit Act Audits Nonprofit and and the contract was awarded non-competitively For-Profit Organizations." in accordance with s. 216.3475, F.S. The subrecipient must maintain records to support the A complete audit report that covers any portion of cost analysis, which includes a detailed budget, the effective dates of this agreement must be documented review of individual cost elements performed and submitted to the Federal Audit for allowability, reasonableness, and necessity. Clearinghouse within the earlier of thirty (30) See also Chief Financial Officer Memorandum calendar days after receipt of the auditor's No.02(2012-2013). report(s), or nine (9) months after the end of the audit period. Submissions must include required 3.0 Allowable Costs - Allowance for costs incurred elements described in Appendix X to 2 C.F.R. § under the subaward shall be determined 200 on the specified Data Collection Form (Form according to the general principles and standards SF-SAC). for selected cost items set forth in the DOJ Grants Financial Guide, 28 C.F.R. §66, "Uniform Records shall be made available upon request Administrative Requirements for Grants and for a period of five (5) years from the date the Cooperative Agreements to State and Local audit report is issued, unless extended in writing Governments", and 2 C.F.R. § 200.405(e), "Cost by the Department. Principles". Subrecipients that expend less than $750,000 in 4.0 Unallowable Costs - Payments made for costs federal awards during a fiscal year are exempt determined to be unallowable by either the from the Single Audit Act audit requirements for Federal awarding agency, or the Department, that fiscal year. In this case,written notification, in either as direct or indirect costs, must be the form of the "Certification of Audit Exemption" refunded (including interest) to FDLE and the form, shall be provided to the Department by the Federal Government in accordance with Chief Financial Officer, or designee, that the instructions that determined the costs are subrecipient is exempt. This notice shall be unallowable unless state or Federal statute or provided to the Department no later than March 1 regulation directs otherwise. See also 2 C.F.R. following the end of the fiscal year. §§200.300-309. 5.0 Indirect Cost Rate - A subrecipient that is SECTION VI: SUBAWARD eligible to use the "de minimis" indirect cost rate PROCUREMENT AND COST described in 2 C.F.R. § 200.414(f), and elects to PRINCIPLES do so, must advise OCJG in writing of both its eligibility and its election, and must comply with 1.0 Procurement Procedures - Subrecipients must all associated requirements in the 2 C.F.R. §200 have written procedures for procurement and Appendix VII. transactions. Procedures must conform to 6.0 Sole Source - If the project requires a non- applicable Federal law and the standards in 2 C.F.R.§§200.318-326. • competitive purchase from a sole source, the • subrecipient must complete the Sole Source This condition applies to agreements that OCJG Justification for Services and Equipment Form considers to be a procurement"contract", and not and submit to OCJG upon application for pre- a second tier subaward. approval. If the subrecipient is a state agency and the cost meets or exceeds $150,000, the The details of the advance approval requirement subrecipient must also receive approval from the to use a noncompetitive approach in a Department of Management Services (DMS) (s. procurement contract under this award are posed 287.057(5), F.S.). The Sole Source form must be on the OJP website at signed by the subrecipient or implementing https://oip.cov/fundinq/Explore/NoncompetitivePr agency chief official or chief official designee. ocurement.htm. Additional details on the sole source requirement can be found at 2 C.F.R. § 200 and the DOJ Additional information on Federal purchasing Grants Financial Guide. guidelines can be found in the Guide to 7.0 Personal Services - Subrecipients may use Procurements Under DOJ Grants and grant funds for eligible personal services Cooperative agreements at https://oip.gov/funding/Implement/Resources/Gui including salaries, wages, and fringe benefits, deToProcurementProcedures.pdf. including overtime in accordance with the DOJ Grants Financial Guide Section 3.9 - 2.0 Cost Analysis A cost analysis must be Compensation for Personal Services, consistent performed by the subrecipient if the cost or price with the principles set out in 2 C.F.R. § 200, Subpart E and those permitted in the federal 1 FY17/SFY2018 JAG Standard Conditions Page 10 of 16 Rev. 09/2018 program's authorizing legislation. Subrecipient eight-hour day, or $81.25 per hour. A detailed employees should be compensated with overtime justification must be submitted to and approved payments for work performed in excess of the by FDLE, who will coordinate written approval of established work week and in accordance with the Federal awarding agency, prior to the subrecipient's written compensation and pay subrecipient obligation or expenditures of such plan. funds. Approval shall be based upon the contract's compliance with requirements found in Documentation - Charges for salaries, wages, the Financial Guide Section 3.6 Consultant and fringe benefits must be supported by a Rates, 28 C.F.R. § 66, and applicable state system of internal controls providing reasonable statutes. The Department's approval of the assurance that charges are accurate, allowable, subrecipient agreement does not constitute and properly allocated. Documentation approval of individual consultant contracts or supporting charges must be incorporated into the rates. If consultants are hired through a official records of the organization. competitive bidding process (not sole source), the$650 threshold does not apply. Charges made to the Personnel Budget Category must reasonably reflect the total time and activity FFATA Reporting Requirements - Subrecipients for which the employee is compensated by the that enter into subawards of $25,000 or more organization and cover both federally funded and should review the Federal Funding Accountability all other activities. The records may include the and Transparency Act of 2006 (FFATA), website use of subsidiary records as defined in the for additional reporting requirements at organization's written policies. Where grant https://ojp.gov/fundinq/Explore/FFATA.htm subrecipients work on multiple grant programs or cost activities, documentation must support a 9.0 Travel and Training -The cost of all travel shall reasonable allocation or distribution of costs be reimbursed according to the subrecipient's among specific activities or cost objectives. written travel policy. If the subrecipient does not have a written travel policy, cost of all travel will 8.0 Contractual Services - The subrecipient must be reimbursed according to State of Florida maintain written standards of conduct covering Travel Guidelines § 112.061, F.S. Any foreign conflicts of interest and governing the actions of travel must obtain prior written approval from the its employees engaged in the selection, award Federal awarding agency and pass-through and administration of contracts as described in 2 entity. C.F.R. §200.318, General procurement. 10.0 Expenses Related to Conferences, Meetings, Requirements for Contractors of Trainings, and Other Events - Subgrant funds Subrecipients - The subrecipient assures the requested for meetings, retreats, seminars, compliance of all contractors with the applicable symposia, events, and group training activities provisions of Title I of the Omnibus Crime Control and related expenses must receive written pre- and Safe Streets Act of 1968, as amended 42 approval from the Federal awarding agency and U.S.C. § 3711 et seq.; the provisions of the pass-through entity and comply with all current edition of the • DOJ Grants provisions in 2 C.F.R. §200.432 and DOJ Grants FinancialGuide(https://ojp.gov/financialquide/doi/ Financial Guide Section 3.10; Conference pdfs/DOJ FinancialGuide.pdf); and all other Approval, Planning, and Reporting. Subgrant applicable federal and state laws, orders, applications requesting approval for meeting, circulars, or regulations. The subrecipient must training, conference, or other event costs must pass-through all requirements and conditions include a completed Conference & Events applicable to the federal grant award/subaward to Submission Form for approval prior to obligating any subcontract. The term "contractor" is used subgrant funds for these purposes. rather than the term "vendor" and means an entity that receives a contract as defined in 2 11.0 Training and Training Materials — Any training C.F.R. § 200.22, the nature of the contractual or training materials that has been developed or relationship determines the type of agreement. delivered with grant funding under this award must adhere to the OJP Training Guiding Approval of Consultant Contracts Principles for Grantees and Subgrantees, Compensation for individual consultant services available at must be reasonable and consistent with that paid www.oip.qov/fundinq/olptrainingquidingprinciples. for similar services in the marketplace. The htm. Federal awarding agency and pass-through entity must review and approve in writing all consultant 12.0 Publications, Media and Patents Ownership of contracts prior to employment of a consultant Data and Creative Material - Ownership of when the individual compensation rate exceeds material, discoveries, inventions, and results $650(excluding travel and subsistence costs)per developed, produced, or discovered subordinate FY17/SFY2018 JAG Standard Conditions Page 11 of 16 Rev. 09/2018 to this agreement is governed by the terms of the Subrecipients must promptly and fully report to DOJ Grants Financial Guide, 28 C.F.R. §§ 66, FDLE and the Federal awarding agency if any and 200.315. program produces patentable items, patent rights, processes, or inventions, in the course of Publication or Printing of Materials - work sponsored under this award. Publication costs for electronic and print media, including distribution, promotion, and general 13.0 Information Technology Projects handling are allowable. If these costs are not identifiable with a particular direct cost objective, Criminal Intelligence Systems - The it should be allocated as indirect costs. subrecipient agrees that any information Publication includes writing, editing, and technology system funded or supported by the preparing the illustrated material (including Office of Justice Programs funds will comply with videos and electronic mediums). 28 C.F.R. § 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Subrecipients must request pre-approval in Programs determines this regulation to be writing for page charges for professional journal applicable. Should the Office of Justice Programs publications. All publication materials must determine 28 C.F.R. § 23 to be applicable, the comply with provisions in 2 C.F.R. §200.461 and Office of Justice Programs may, at its discretion, DOJ Grants Financial Guide, Section 3.9; perform audits of the system, as per 28 C.F.R. § Allowable Costs—Publication. 23.20(g). Should any violation of 28 C.F.R. § 23 occur, the subrecipient may be fined as per 42 Subrecipients must submit for review and U.S.C. § 3789g(c)-(d). The subrecipient may not approval one (1) copy of any curricula, training satisfy such a fine with federal funds. materials, or any other written materials to be published, including web-based materials and The subrecipient understands and agrees that no website content, to be paid under this award at awarded funds may be used to maintain or least thirty (30) days prior to the targeted establish a computer network unless such dissemination date. network blocks the viewing, downloading, and exchanging of pornography. In doing so the All electronic and print materials paid under this subrecipient agrees that these restrictions will not award must contain the following statements limit the use of awarded funds necessary for any identifying the federal award: federal, state, tribal, or local law enforcement I agency or any other entity carrying out criminal 1) "This project was supported by Grant No. investigations, prosecutions, or adjudication 2017-MU-BX-0187 awarded by the Bureau of activities. Justice Assistance. The Bureau of Justice Assistance is a component of the Department State IT Point of Contact - The subrecipient of Justice's Office of Justice Programs, which must ensure that the State IT Point of Contact also includes the Bureau of Justice Statistics, receives written notification regarding any the National Institute of Justice, the Office of information technology :project funded by this Juvenile Justice and Delinquency Prevention, grant during the obligation and expenditures the Office for Victims of Crime,and the SMART period. This is to facilitate communication among Office. Points of view or opinions in this local and state governmental entities regarding document are those of the author and do not various information technology projects being necessarily represent the official position or conducted with these grant funds. In addition, the policies of the U.S. Department of Justice." subrecipient must maintain an administrative file documenting the meeting of this requirement. For Any website that funded in whole or in part a list of State IT Points of Contact, go to under this award must include the same https://it.oip.gov/technology-contacts. statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) The State IT Point of Contact will ensure the whose primary purpose is to navigate the user subrecipient's project follows a statewide to interior content), and on any pages from comprehensive strategy for information sharing which a visitor may access or use a web-based systems that improve the functioning of the service, including any pages that provide criminal justice system, with an emphasis on results or outputs from the service. integration of all criminal justice components, law enforcement, courts, prosecution, corrections, Patents -Subrecipients are subject to applicable and probation and parole. regulations governing patents and inventions, including government wide regulations issued by Interstate Connectivity - To avoid duplicating the Department of Commerce (27 C.F.R. § 401 existing networks or IT systems in any initiatives and 2 C.F.R. §200.315(c)). funded by the Bureau of Justice Assistance for 3 FY17/SFY2018 JAG Standard Conditions Page 12 of 16 Rev.09/2018 law enforcement information sharing systems award funding (plus the quantity purchased of which involve interstate connectivity between each item) to FDLE once items are procured jurisdictions, such systems shall employ, to the during any periodic programmatic progress extent possible, existing networks as the reports. communication backbone to achieve interstate connectivity, unless the subrecipient can 15.0 Global Standards Package - In order to demonstrate to the satisfaction of the Bureau of promote information sharing and enable Justice Assistance that this requirement would interoperability among disparate systems across not be cost effective or would impair the the justice and public safety community, OJP functionality of an existing or proposed IT system. requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's ADP Justification - The subrecipient must Global) guidelines and recommendations for this complete an Automated Data Processing (ADP) particular grant. Grantee shall conform to the equipment and Software and Criminal Justice Global Standards Package (GSP) and all Information and Communication Systems constituent elements, where applicable, as Request for Approval form if the purchase of any described at www.it.ojo.00v/gsp grantcondition. ADP equipment is to be made.This form must be Grantee shall document planned approaches to submitted upon application if applicable and pre- information sharing and describe compliance to approval must be obtained. ADP Justification the GSP and appropriate privacy policy that must be signed by the subrecipient or protects shared information, or provide detailed implementing agency chief official or an individual justification for why an alternative approach is with formal, written signature authority for the recommended. chief official. 14.0 Interoperable Communications Guidance - $ECTI®N d/,I: COMPLIANCE WITH 8 Subrecipients using funds to support emergency U.S.C.§1373 communications activities must comply with the current SAFECOM Guidance for Emergency 1.0 In regards to the program or activity funded under Communication Grants, including provisions on this subaward and throughout the period of technical standards that ensure and enhance performance for this award, no state or local interoperable communications. Emergency government entity, agency or official may prohibit communications activities include the purchase of or in any way restrict: Interoperable Communications Equipment and technologies such as voice-over-internet protocol Any government entity or official from sending or bridging or gateway devices, or equipment to receiving information regarding citizenship or support the build out of wireless broadband immigration status as described in 8 U.S.C. networks in the 700 MHz public safety band 1373(a); or a government entity or agency from under the Federal Communications Commission sending, requesting or receiving, maintaining, or (FCC) Waiver Order. SAFECOM guidance can exchanging information regarding immigration be found at status as described in 8 U.S.C. 1373(b). For the www.safecomprogram.qov/librarv/lists/library/Dis purposes of this subaward, any prohibition (or pForm.aspx?ID=334. restriction) that violates this condition is an "information-communication restriction." Subrecipients interested in developing a public safety broadband network in the 700 MHz band in their jurisdictions must adhere to the technical 2.0 A subaward to a state or local government or a standards set forth in the FCC Waiver Order, or public institution of higher education, cannot be any succeeding FCC orders, rules, or regulations made unless a properly executed certification of pertaining to broadband operations in the 700 compliance with 8 U.S.C. 1373, signed by the MHz public safety band. The subrecipient shall chief legal officer of the subrecipient entity has also ensure projects support the Statewide been received by OCJG. Similarly, subrecipients Communication Interoperability Plan (SCIP) and cannot make a further subaward to a state or are fully coordinated with the full-time Statewide local government or a public institution of higher lnteroperability Coordinator (SWIC). If any future education, unless it first obtains a properly regulatory requirement (from the FCC or other executed certification of compliance with 8 U.S.C. governmental entity) results in a material 1373 signed by the chief legal officer of the third technical or financial change in the project, the tier subrecipient. subrecipient should submit associated 3.0 Funding under this award cannot be subawarded documentation, and other material, as applicable, to any subrecipient at any tier that is either a for review by the SWIC to ensure coordination. state or unit of local government or a public Subrecipients must provide a listing of all institution of higher education that is subject to communications equipment purchased with grant any"information-communication restriction." FY17/SFY2018 JAG Standard Conditions Page 13 of 16 Rev.09/2018 ii. A local ordinance, rule, regulation, policy or 4.0 Subrecipients must notify FDLE (in writing) if it practice (or an applicable state statute, rule, has credible evidence that indicates that a funded regulation policy or practice) must be in program or activity of a subrecipient at any tier place that is designed to ensure that,when a that is either a state or local government or a local government (or local government public institution of higher education, may be contracted) correctional facility receives a subject to any "information-communication formal written request authorized by the restriction." Immigration and Nationality Act from DHS that seeks advance notice of the scheduled release date and time for a particular alien, 5.0 For STATE AGENCIES: With respect to the they will honor the request and as early as program or activity that is funded by this practicable, provide the request notice to subaward, as of the date the subrecipient OHS. accepts this subaward, and throughout the remainder of the period of performance for the 7.0 Monitoring of compliance with the requirements award- of this condition will be conducted by FDLE. i. A state statute or a state rule, regulation, 8.0 Nothing in this condition shall be understood to policy or practice must be in place that is authorize any subrecipient at any tier to violate designed to ensure that agents of the United any federal law, including any applicable civil States acting under color of federal law are rights or nondiscrimination law. given access to any state (or state contracted) correctional facility for the IMPORTANT NOTE: Any questions about the purpose of permitting such agents to meet meaning or scope of this condition should be directed with individuals who are (or are believed by to FDLE prior to award acceptance. such agents to be)aliens and to inquire as to such individuals' right to be or remain in the SECTION 'IIII: ADDITIONAL United States. REQUIREMENTS ii. A state statute, or a state rule, regulation, policy or practice must be in place that is 1.0 Environmental Protection Agency's (EPA) list designed to ensure that, when a state (or of Violating Facilities The subrecipient state contracted)correctional facility receives assures that the facilities under its ownership, a formal written request authorized by the lease or supervision which shall be utilized in the Immigration and Nationality Act from DHS accomplishment of the Program Purpose are not that seeks advance notice of the scheduled listed on the EPA's list of Violating Facilities and release date and time for a particular alien, that it will notify the Department of the receipt of they will honor the request and as early as any communication from the Director of the EPA practicable, provide the request notice to Office of Federal Activities indicating that a facility DHS. to be used in the project is under consideration for listing by the EPA. 6.0 For units of LOCAL GOVERNMENT: With respect to the program or activity that is funded 2.0 National Environmental Policy Act(NEPA) by this subaward, as of the date the subrecipient accepts this subaward, and The subrecipient agrees to assist FDLE in throughout the remainder of the period of complying with the NEPA, the National Historic performance for the award- Preservation Act, and other related federal environmental impact analyses requirements in i. A local ordinance, rule, regulation, policy or the use of subaward funds by the subrecipient. practice (or an applicable state statute, rule, This applies to the following new activities regulation policy or practice) must be in whether or not they are being specifically funded place that is designed to ensure that agents with these subaward funds. That is, it applies as of the United States acting under color of long as the activity is being conducted by the federal law are given access to any state (or subrecipient or any third party and the activity state contracted) correctional facility for the needs to be undertaken in order to use these purpose of permitting such agents to meet subaward funds. Accordingly, the subrecipient with individuals who are (or are believed by agrees to first determine if any of the following such agents to be)aliens and to inquire as to activities will be funded by the grant, prior to such individuals' right to be or remain in the obligating funds for any of these purposes. United States. FY17/SFY2018 JAG Standard Conditions Page 14 of 16 Rev. 09/2018 of human research subjects, including If it is determined that any of the following obtainment of Institutional Review Board activities will be funded by the grant,the recipient approval, if appropriate, and subject informed agrees to contact FDLE OCJG. consent. 1) New construction; 5.0 Disclosures 2) Any renovation or remodeling of a property Conflict of Interest - The subrecipient and located in an environmentally or historically implementing agency will establish safeguards to sensitive area, including properties located prohibit employees from using their positions for within a 100-year flood plain; a wetland, or a purpose that constitutes or presents the habitat for endangered species,or a property appearance of personal or organizational conflict listed on or eligible for listing on the National of interest, or personal gain. Subrecipients must Register of Historic Places; disclose in writing any potential conflict of interest to FDLE(the non-federal pass-through entity). 3) A renovation, lease, or any other proposed use of a building or facility that will either(a) Violations of Criminal Law - The subrecipient result in a change in its basic prior use or(b) and implementing agency must disclose all significantly change its size; violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially 4) Implementation of a new program involving affecting the sub award. the use of chemicals other than chemicals that are (a) purchased as an incidental 6.0 Uniform Relocation Assistance and Real component of a funded activity and (b) Property Acquisitions Act - The subgrant traditionally used, for example, in office, recipient will comply with the requirements of the household, recreational, or educational Uniform Relocation Assistance and Real Property environments;and Acquisitions Act of 1970 (42 U.S.C. § 4601 et seq.), which govern the treatment of persons 5) Implementation of a program relating to displaced as a result of federal and federally- clandestine methamphetamine laboratory assisted programs. operations, including the identification, • seizure, or closure of clandestine 7.0 Limitations on Government Employees methamphetamine laboratories. Financed by Federal Assistance - The subrecipient will comply with requirements of 5 The subrecipient understands and agrees that U.S.C. §§ 1501-08 and §§ 7324-28, which limit complying with NEPA may require the certain political activities of State or local preparation of an Environmental Assessment government employees whose principal and/or an Environmental Impact Statement, as employment is in connection with an activity directed by the Bureau of Justice Assistance. financed in whole or in part by federal assistance. The subrecipient further understands and agrees • to the requirements for implementation of a Mitigation Plan, as detailed by the Department of 8.0 Funds to Association of Community Justice at Organizations for Reform Now (ACORN) https://www.bia.gov/Fundinq/nepa.html, for Unallowable - Subrecipient understands and programs relating to methamphetamine agrees that it cannot use any federal funds,either laboratory operations. directly or indirectly, in support of any contract or subaward to either the Association of Community 3.0 National Historic Preservation Act — The Act Organizations for Reform Now (ACORN) or its will assist the Department (if necessary) in subsidiaries, without the express prior written assuring compliance with section 106 of the approval of OJP. National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification 9.0 Text Messaging While Driving - Pursuant to and protection of historic properties), the Executive Order 13513, "Federal Leadership on Archeological and Historical Preservation Act of Reducing Text Messaging While Driving," 74 1974 (16 U.S.C. § 469 a-1 et seq.), and the Fed. Reg. 51225 (October 1, 2009), and National Environmental Policy Act of 1969 (42 §316.305, F.S.,the subrecipient is encouraged to U.S.C. §4321). adopt and enforce policies banning employees from text messaging while driving any vehicle 4.0 Human Research Subjects - Subrecipient during the course of performing work funded by agrees to comply with the requirements of 28 this subaward and to establish workplace safety C.F.R. part 46 and all Office of Justice Programs policies and conduct education, awareness, and policies and procedures regarding the protection FY17/SFY2018 JAG Standard Conditions Page 15 of 16 Rev.09/2018 other outreach to decrease crashes caused by persons are incorporated by reference and s) distracted drivers. posted at www.oip.nov/funding/Explore/ProhibitedConduct- 10.0 DNA Testing of Evidentiary Materials and Trafficking.htm. Upload of DNA Profiles to a Database - If PREA program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS), by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non-governmental DNA database without prior express written approval from BJA. For more information, refer to the NIJ FY 2012 DNA Backlog Reduction Program, available at https://www.ncirs.gov/pdffiles1/nii/s1001062.pdf. In addition, funds may not be used for purchase of DNA equipment and supplies when the resulting DNA profiles from such technology are not accepted for entry into CODIS (the National DNA Database operated by the FBI). 11.0 Environmental Requirements and Energy - For subawards in excess of $100,000, the subrecipient must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 ) CFR part 15). The subrecipient must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L.94-163,89 Stat. 871), if any. 12.0 Other Federal Funds - The subrecipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this award, and those awards have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this award, the subrecipient will promptly notify, in writing the grant manager for this award, and, if so requested by OCJG seek a budget modification or change of project scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 13.0 Trafficking in Persons - The subrecipient must comply with applicable requirements pertaining to prohibited conduct relating to the trafficking of persons, whether on the part of recipients, subrecipients or individuals defined as "employees" of the subrecipient. The details of the recipient and subrecipient obligations related to prohibited conduct related to trafficking in FY17/SFY2018 JAG Standard Conditions Page 16 of 16 Rev. 09/2018 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- County-wide In witness whereof,the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. - State of Florida— Department of Law Enforcement 0 ce of Criminal Justice Grants Signatur - Typed Name and Title: Rona Kay Cradit, Bureau Chief Date: y/ 1t! Subgrant Recipient Authorizing,Official of Governmental Unit (Commission Chairman,Mayor, or Designated Representative) Typed Name of Subgrant Recipient: Monroe County Board of Commissioners Signature: I � , Typed Name and Title: David Rice, Mayor Date: /6/30/1E-- :. Implementing Agency Official,Administrator or Designated Representative Typed Name of Implementing Agenc • Monroe County Board of Commissioners Signature: Typed Name and Title: David Rice, Mayor heDate: l d a Application Ref#<2018=JAGC-3295. ° Section#6 Page 1 of 1 - - Contract# -JAGC-MONR--- Rule Reference 11 D-9.006 OCJG-005(rev.October 2005) ATTACHMENT C COMPLIANCE WITH COUNTY GUIDELINES The PROVIDER must furnish to the County the following items: (a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status; (b) Proof of registration with the Florida Department of Agriculture as required by Florida Statute 496.405 and the Florida Department of State as require by Florida Statute 617.01201 or proof of exemption from registration as per Florida Stature 496.406. (c) List of the Organization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (d) Evidence of annual election of Officers and Directors; (e) Unqualified audited financial statements from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; audit shall be prepared by an independent certified public accountant (CPA) with a current license, in good standing with the Florida State Board of Accountancy. If the PROVIDER receives $100,000 or more in grant funding from the County: a. The CPA that prepares the audit must also be a member of the American Institute of Certified Public Accountants (AICPA); b. The CPA must maintain malpractice insurance covering the audit services provided and c. The County shall be considered an "intended recipient" of said audit. (f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules; (g) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment B); (j) Cooperation with County monitoring visits that the County may request during the contract year; and (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. ATTACHMENT D PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." ��,ff I have read the above and state that neither ecLVeent . fl((� Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 4\ry- 7\5 jjkity' (Signature) Date: L( ` g STATE OF: PjDV bt-eL COUNTY OF: IMo fr r-oe- Subscribed and sworn too (or affirmed) before me on 'JLiL4A, _ �� (date) by j 1,1,r-e-e4r► `✓WI J{a.V>/ (name of affiant). He9 is personally known to me or has produced (type of identification) as identification. ,ZPIa.trALP NOTA-f PUBLIC My Commission Expires: / `2o /6 .640,014e.q, Notary Public State of Florida Maryanne L Johnson My Commission GG 175345 0,„cr Expires 01/15/2022 ATTACHMENT E SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Cu() ( CLrCC /rm. (er&,( lc( ., (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." Ma\ , (Signature) Date: LO STATE OF: F!O/d Gl— COUNTY OF: ►"IDVI 'e Subscribed and sworn to (or affirmed) before me on ° -LA.4l 1 1 3 02_4(R (date) by " evl )-(" \ letk(l U (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. NOTARY P LIC My Commission Expires:"4%6 Notary Public State of Florida Maryanne L Johnson Nor ps• ExpiCres 01lisis o "5345 ATTACHMENT F DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: cu,c e_- // t/k( C (-1- (yuc . (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or services as set forth and funded pursuant to the Grant Agreement a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under contract, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this organization complies fully with the above requirements. VY\ir)\ (Signature) Date: LO ' q - (--f STATE OF: F1 D V LO- COUNTY OF: "VOA 11 L° Subscribed and sworn to (or affirmed) before me on \L. ,V- t , go/9 (date) by l'"l;(.F. -v'eej -- D L-v. I'_Gt V/ (name of affiant). He/She is personally known to me or has produced _(type of identification) as identification. NOTARY UBLIC My Commission Expires: `-l5-22 a4 Notary Public State of Florida Maryanne L Johnson • Cir ` ov Mpeosmm0G175345