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2018-DJ-BX-0492 02/28/2019 U.S.Department of Justice I h I 1 Office of Justice Programs aT t f� L Office of the Assistant Attorney General Washington,D.C. 20531 October 1,2018 Mr.Roman Gastesi Monroe County 1100 Simonton Street Key West,FL 33040 Dear Mr.Gastesi: On behalf of Attorney General Jefferson Sessions III,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 18 Edward Byrne Memorial Justice Assistance Grant(JAG)Program- Local Solicitation in the amount of$13,982 for Monroe County. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: Program Questions,Linda Hill,Program Manager at(202)353-9196;and Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask.ocfo@usdcj.gov. Congratulations,and we look forward to working with you. Sincerely, Matt Dummermuth Principal Deputy Assistant Attorney General Enclosures OFFICE FOR CIVIL RIGHTS Office of Justice Programs U.S.Department of Justice 810 7th Street,NW Washington,DC 20531 Tel:(202)307-0690 TTY:(202)307-2027 E-mail:askOCR@usdoj.gov Website:www.ojp.usdoj.gov/ocr OCR Letter to All Recipients October 1,2018 Mr.Roman Gastesi Monroe County 1100 Simonton Street Key West,FL 33040 Dear Mr.Gastesi: Congratulations on your recent award. In establishing financial assistance programs,Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights(OCR),Office of Justice Programs(OJP),U.S.Department of Justice (DOJ)is responsible for ensuring that recipients of financial assistance from the OJP,the Office of Community Oriented Policing Services (COPS),and the Office on Violence Against Women(OVW)comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOI funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOI prohibit discrimination on the basis of race,color,national origin, religion,sex,or disability in funded programs or activities,not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013,President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994(VAWA)by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race,color,national origin,religion,sex,disability,sexual orientation,or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1,2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at https://ojp.gov/about/ocr/vawafags.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance,regardless of the particular funding source,the amount of the grant award,or the number of employees in the workforce,are subject to prohibitions against unlawful discrimination. Accordingly,the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition,based on regulatory criteria,the OCR selects a number of recipients each year for compliance reviews,audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Providing Services to Limited English Proficiency(LEP)Individuals In accordance with DOI guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. §2000d,recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency(LEP). See U.S.Department of Justice,Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons,67 Fed.Reg.41,455(2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals,please see the website https://www.lep.gov. Ensuring Equal Treatment of Faith-Based Organizations and Safeguarding Constitutional Protections Related to Religion The DOI regulation,Partnerships with Faith-Based and Other Neighborhood Organizations,28 C.F.R.pt.38,updated in April 2016, prohibits all recipient organizations,whether they are law enforcement agencies,governmental agencies,educational institutions,houses of worship,or faith-based organizations,from using financial assistance from the DOI to fund explicitly religious activities. Explicitly religious activities include worship,religious instruction,or proselytization. While funded organizations may engage in non-funded explicitly religious activities(e.g.,prayer),they must hold them separately from the activities funded by the DOI,and recipients cannot compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOI are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion,religious belief,a refusal to hold a religious belief,or a refusal to attend or participate in a religious practice. Funded faith-based organizations must also provide written notice to beneficiaries,advising them that if they should object to the religious character of the funded faith based organization,the funded faith-based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation,please see the OCR's website at https://ojp.gov/about/ocr/partnerships.htm. SAAs and faith-based organizations should also note that the Omnibus Crime Control and Safe Streets Act(Safe Streets Act)of 1968,as amended,34 U.S.C. § 10228(c);the Victims of Crime Act of 1984,as amended,34 U.S.C. §20110(e);the Juvenile Justice and Delinquency Prevention Act of 1974,as amended,34 U.S.C. § 11182(b);and VAWA,as amended, 34 U.S.C. § 12291(b)(13),contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions,the DOI has concluded that it may construe the Religious Freedom Restoration Act(RFRA)on a case-by- case basis to permit some faith-based organizations to receive DOI funds while taking into account religion when hiring staff,even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S.Department of Justice on the U.S.Equal Employment Opportunity Commission's Enforcement Guidance:Consideration of'Arrest and Conviction Records in Employment Decisions Under Title V11 of the Civil Rights Act of 1964(June 2013),available at https://ojp.gov/about/ocr/pdfs/UseofConviction Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin,resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted,recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans(EEOPs)(see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act,must meet two obligations:(1)complying with the federal regulation pertaining to the development of an EEOP(see 28 C.F.R.pt.42,subpt.E)and(2) submitting to the OCR findings of discrimination(see 28 C.F.R. §§42.204(c),.205(c)(5)). U.S Department orlustice Office of Justice Programs PAGE I OF 22 Bureau of Justice Assistance Grant . ........................ ------------ ------------- I RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER; 2018-DJ.BX-0492 Monroe County 1100 Simonton Street 5.PROJECT PERIOD:FROM 10/0112017 TO 0913012019 Key West,FL 33040 BUDGET PERIOD-FROM 10/01/2017 TO 09/3012019 ------_-_----- 6.AWARD DATE IW0I/2o18 17 ACTION . .......................... --------.......... ..... ...... ............ .............................. 2a.GRANTEE IRSIVENDOR No. S.SUPPLEMENT NUMBER Initial 39600ov5o 00 2b GRANTEE DUNS NO. ...................... .................... 073976757 9.PREVIOUS AWARD AMOUNT so .......................................................................................- 3 PROJECT TITLE I0.AMOUNTOF THIS AWAPD S D.982 Monroe County Drug Court Medical Director Initiative ....... ........ 11.TOTAL AWARD S 13,982 1 2 SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). .......... A 13 STATUTORY AUTHORITY FOR GRANT This pm)cct is supported under FY I 8(HJA-JAG State&JAG Local)Title I of Pub.L.No.90-351(ScntralIy codified zt34U.SC,10101-10726),including subp,Ln[orpmlE(codiriedet34U.S.C.10151-I0I58);scczIso28U.S.C.530C(aj ............................. .......................................... ............................................................ 14.CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number) 16.738-Edward Byrne Memorial Justice Assistance Grant Program ................ t6 METHOD OF PAYMENT ....... GPRS ......................... . ........ AGENCY APPROVAL GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18 TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Matt Dummemuth Roman Gastcs'i Principal Deputy Assistant Attorney General County Administnaor ............... 17 SIGNATURE OF APPROVING OFFICIAL 19 SIGNAT OF 7 77 11-1 OFFICIAL 19A DATE , AGENCY USE z............ 20 ACCOUNTING CLASSIFICATION CODES i 21, TDJUGT0508 FISCAL FUND BUD. DIV YEAR CODE ACT, OFC. REG SUB POMS AMOUNT x B DJ so 00 00 13982 .............. OIP FORM 4000n(REV 5-97)PREVIOUS EDITIONS ARE OBSOLETE OJP FORM 4wn(REV 4.89) . .................. ................................ ............................. ...... U.S,Department of Justice Office of Justice Programs AWARD CONTMATION Bureau of Justice Assistance SHEET PAGE 3 OF 22 Grant ... ................... PROJECT NUMBER 2019-1)).13X-0492 AWARD DATE 1041/2019 .................................................... ........... SPECIAL CONDITIONS 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide am to the DOJ Grants Financial Guide as posted on the OJP website (currently,the"DOJ Grants Financial Guide"available at https:/Iojp.gov/financialguidefDOJ,"index.htm),including any updated version that maybe posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide, 4 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1,2017,various statutory provisions previously codified elsewhere in the U,S.Code were editorially reclassified to a new Title 34,entitled"Crime Control and Law Enforcement."The reclassification encompassed a number of statutory provisions pertinent to OJP awards(that is,OJP grants and cooperative agreements),including many provisions previously codified in Title 42 of the U.S Code. Effective as of September 1,2017,any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to Title 34.This rule of construction specifically includes references set out in award conditions,references set out in material incorporated by reference through award conditions,and references set out in other award requirements. 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully completed an"OJP financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1,2016,will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendar days after—(1)the date ofOJP's approval of the"Change Grantee Contact"GAN(in the case of new POC).or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or after January 1,2016,will satisfy this condition, A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for purposes of this condition is available at hitps://www.ojp,govltminingtfmts,htin. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold("freeze")award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related to"de minimis"indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable low to use the"de minimis" indirect cost rate described in 2 C.F.R.200,414(f),and that elects to use the"de minimis"indirect cost rate,must advise OJP in writing of both its cligibi[ity and its election,and must comply with all associated requirements in the Part 200 Uniform Requirements. The"de minimis"rate may be applied only to modified total direct costs(MTDC)as defined by the Part 200 Uniform Requirements. OJP FORM 40N12(REV 4-981 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 OF 22 Grant PROJECTNUMBER 2018-DJ-BX-0492 AWARD DATE 10101120ig SPECIAL CONDITIONS 7, Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds,orifthe recipient receives any other award of federal funds during the period of performance for this award,the recipient promptly must determine whether funds from any of those other federal 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 provided under this award, If so,the recipient must promptly notify the DOJ awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. S, Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management(SAM), currently accessible at https�/,Fwww.sam.gove. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards("sub grams")to first-tier subrccipicnts (first-fier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the recipient)the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https�,+ojp.govlfunding/Explom/SAM,htm(Award condition: System for Award Management(SAM)and Universal Identifier Requirements),and are incorporated by reference here, This condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9. Requirement to report actual or imminent breach of personally identifiable information(PH) The recipient(and any"subrecipient"at any tier)must have written procedures in place to respond in the event of an actual or imminent"breach"(OMB M-17-12)if it(or a subrecipieno—1)creates,collcm,uses,processes,stores, maintains,disseminates,discloses,or disposes of"'personally identifiable information(PI I)"(2 CFR 200.79)within the scope of an OJP grant-funded program or activity,or 2)uses or operates a"Federal information system"(OMB CircularA-130), The rccipienCs breach procedures must include a requirement to report actual or im minent breach of PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach,or the detection of an imminent breach. 10, All subawards("subgrants")must have specific federal authorization The recipient,and any subrecipiew("subgrantce")at any tier must comply with all applicable requirements for f authorization of any subaward, This condition applies to agreements that—for purposes of federal grants administrative requirements—OJP considers a"subaward"(and therefore does not consider a procurement contract"). The details of the requirement for authorization of any subaward are posted on the ON web site at https:/Iojp.govifunding/ExploretSubawardAuthoTization,htm(Award condition All subawards("subgrants")must have specific federal authorization),and are incorporated by reference here. O)P FORM QD012(REV,4-08) ....... .......................... ............ . ........................................................... ........... U.S.Department of Justice Office of Jusficc Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 22 Grant PROMCTNUMBER 2018,D).BX-0492 AWARD DATE 10/01/2019 SPECIAL CONDITIONS 11. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed$150,000 The recipient,and any subrecipicrit "sub tee" at any tier,must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold(currently,$150,000). This condition applies to agreements that--for purposes of federal grants administrative requirements—OJP considers a procurement"contract"(and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an 0.11?award are posted on the 01P web site at helps-//ojp.gov/funding/Explore/NoncompctitivePmcurcment.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed 5150,000)),and are incorporated by reference here. 12. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and OJP authority to terminate award) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the pan of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees" of the recipient or of any subrecipient.. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the 011?web site iithttps:/Iojp,govlfunding/Explare/ProhibitedConduct-Trafrickinghtm(Award conditiow Prohibited conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP authority to terminate award)),and are incorporated by reference here. 13. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and other events The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations, policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ), including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"130.1 Grants Financial Guide"), 14, Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award The data must be provided to OJP in the manner(including within the timeframes)specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws, 15. OJP Training Guiding Principles Any training or training materials that the recipient—or any subrecipient("subgrantee")at any tier—develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gc)vlfunding/implcmenVTrainingPrinciplesForGranices-Subgmntees,htm, ................................. ...... .. ........... .................................................................... OJP FORM400012(RE-V 4-98) 61 .....U.S,Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 6 OF 22 Grant ................................................... PROJECTNUM13ER 2019-W-U-0492 AWARD DATE 1 0/0 1120 1 9 SPECIAL CONDITIONS M Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that anse in connection with audits, investigations,or reviews of DOJ awards, 17. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOI awarding agency (OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high- risk"for purposes of the DO]high-risk grantee list, 18. Compliance with DOI regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42 The recipient,and any subrecipictit "sub tee'" at any tier,must comply with all applicable requirements of 28 C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an equal employment opportunity program, 19. Compliance with DOI regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 54 ............ The recipient,and any subrecipient("subgrantce")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs." 20. Compliance with DOI regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Among other things,28 C.F.R.Pan 38 includes rules that prohibit specific forms of discrimination on the basis of religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantee")organizations that engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is available via the Electronic Code of Federal Regulations(currently accessible at https;)�Www.ecfr.gov/cgi- bin/ECFR?pogc=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under e-CFR"current" data. OJP FORM 40M/2(REV 4.09) ....................................................................................................................................................-——-----------------................................................................................................................................................................... U.S,Department of Justice Office of Justice Programs AWARD CONTINUATION ........... Bureau of Justice Assistance SHEET PAGE 7 Or 22 Grant PROJECT NUMBER 2019-DJ-BX-0492 AWARD DATE 16'0112018 SPECIAL CONDrrIONS 21. Restrictions on"lobbying" In general,as a matter of federal law,federal funds awarded by OJP may not be used by the recipient,or any subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal, modification,or adoption of any law,regulation,or policy,at any level of government, See 18 U.S,C. 1913, (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from tiding used by the recipient,or any subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,"tending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply,including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might fall within the scope of these prohibitions,the recipient is to contact OJP for guidance,and may not proceed without the express prior written approval of OJP. 22. Compliance with general appropriations-law restrictions on the use of federal hinds(FY 2018) The recipient,and any subrecipient("subgriintec")at any tier,must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes.Pertinent restrictions,including from various"general provisions"in the Consolidated Appropriations Act,2018,are set out at htips://ojp.gov/funding/Explore/FYISAppropriationsRestrictions.htin,and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might fall within the scope of an appropriations-law restriction,the recipient is to contact OJP for guidance,and may not proceed without the express prior written approval of OJP,. 23. Reporting Potential Fraud,Waste,and Abuse,and Similar Misconduct The recipient and any subrecipients("subgrantees")must promptly refer to the DOJ Office of the Inspector General (OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other person has,in connection with funds under this award—(1)submitted a claim that violates the False Claims Act-or(2) committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct. Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the OIG by—(1)mail directed to:Office of the Inspector General,U,S,Department of Justice,Investigations Division, 1425 New York Avenue,N.W.Suite 7100,Washington,DC 20530;and/or(2)the DOJ OIG hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)616-9881(fax) Additional information is available from the DOJ OIG website at https;,Ioigjustice,gov/hotline. ............. .................. -—------------------------------------- OJP FORM 4NO12(REV 4.88) U.S,Department of Justice hF Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 8 OF 22 Grant .......... ......... ............. PROJECTNUMBER 2018-DJ-BX-0492 AWARD DATE MVIWIS ....... .............................................................................. SPECIAL CONDITIONS 24. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient("subgrantce")under this award,or entity that receives a procurement contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information- The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information 1. In accepting this award,the recipient— a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above,and b. certifies that,if it[cams or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement Contracts,or both— a. it represents that— (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste, fraud,or abuse as described above;and (2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation-,and b. it certifies that,if it learns or is notified that any subrecipicnt,contractor,or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency, -—----------------------------------------............................................. ............... OJP FORM 400012(REV,4-88) U.S Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 9 OF 22 Grant PROJECT NUMBER 2418-DJ-BX 92 AWARD DATE It➢dJ F2018 SPECIAL CONDITIONS 25, Compliance with 41 U,S.C�4712(including prohibitions on reprisal;notice to employees) The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41 U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal grant. The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of i employee rights and remedies under 4t U.S.C.4712. Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to contact the DOJ awarding agency(OJP or OVW,as appropriate)for guidance. 26 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg.. 51225(October 1,2009),DOJ encourages recipients and subrccipients("subgrantees")to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 27. Requirement to disclose whether recipient is designated"high risk"'by a federal grant-making agency outside of DO1 If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time during the course of the period of performance under this award,the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporling@ojp.usdoj.gov. For purposes of this disclosure,high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include the following: 1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency. 28. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks,including documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other restrictions on the recipient's access to award funds;referral to the DOJ OIG for audit review;designation of the recipient as a DOJ High Risk grantee;or termination of an award(s). _.. ................... .................... .............. ..., ..................................... 01P FOPM a (REV.4.99) " U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION � Bureau of Justice Assistance SHEET PAGE 10 OF 22 I Grant I I PROJECI'Nt1MBER 201&DJ.BX-0442 AWARD DAIT 110100019 SPECIAL CONDITIONS 29. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards("subgrants")of S25,000 or more and,in certain circumstances,to report the names and total compensation of the rive most highly compensated executives of the recipient and first-tier subrecipients(fast-tier°"subgrantees")of award funds. The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),arc posted on the OR web site at https:I/ojp.gov/funding/Explore/FFATA,htm(Award condition;Reporting Subawards and Executive Compensation),and arc incorporated by reference here. This condition,including its reporting requirement„does not apply to—,(1)an award of less than$25,000,or(2)an award made to an individual who received the award as a natural person(i.e unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30, Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes,regulations,award i conditions,and the DOJ Grants Financial Guide,and must include the applicable conditions of this award in any subaward.Among other things„the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients.The recipient agrees to submit,upon request,documentation of its policies and procedures for monitoring of subawards under this award. 31. Use of program income Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report,SF 425. 32, Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative(Global)guidelines.The recipient(and any subrecipient at any tier)must conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at httpsd'd it ajp.gov,gsp_g=tcondition. The recipient(and any subrecipient at any tier)must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. 33. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. I 34. Compliance with 28 C.F.R.Part 23 With respect to any information technology system funded or supported by funds under this award,the recipient(and any subrecipient at any tier)must comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OR determines this regulation to be applicable.Should OJP determine 28 C.F.R.Part 23 to be applicable,OR may,at its discretion,perform audits of the system,as per the regulation.Should any violation of 28 C,F.R.Part 23 occur,the recipient may be fined as per 34 U.S.C. 10231(c)4d). The recipient may not satisfy such a fine with federal funds, Cs, OR FORM 4 /2(REV 4-88) ,,.................................. U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 1I OF 22 Grant �. PROJECTNUM13EP 2018-DLBX-0492 AWARD DATE 1 0/0 1 1201 8 SPECIAL CONDITIONS 35. Protection of human research subjects The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R.Part 46 and all OJP policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval„if appropriate,and subject informed consent, 36. Confidentiality of data The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of 34 U-S.C: 10231 and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.The recipient further agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.FR Part 22 and,in particular,28 C.F.R.22.23 31. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address„ If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes. ..a 38. Lew enforcement task forces-required training � 1 f, Within 120 days of award acceptance,each current member of a law enforcement task force funded with award funds who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank, must complete required online(intemet-based)task force training.Additionally,all future task force members must complete this training once during the period of performance for this award„or once every four years if multiple OJP awards include this requirement,. The required training is available free of charge online through the BJA-Funded Center for Task Force Integrity and Leadership(www,ctfii.org)„The training addresses task force effectiveness,as well as other key issues including j privacy and civil libertiesirights,task force performance measurement,personnel selection,and task force oversight and faccountability„If award funds are used to support a task force,the recipient must compile and maintain a task force personnel roster,along with course completion certificates Additional information regarding the training is available through BJNs web site and the Center for Task Force Integrity and Leadership(www.ct(li,org). 39, Justification of consultant rate Approval or this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds, r I ................................................ a ON FORM 400012(REV.4481 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE U OF 22 Grant ........... .................... ......... PROJECTNUMBER 2018-DI-OX-0492 AWARD DATE 10,10112018 .......... ......... SPECIA CONDMONS 40. Submission or eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks—including 18 U.S.C.922 and 34 U.S.C.ch.409—if the recipient(or any subrecipient at any tier)uses this award to fund(in whole or in part)a specific project or program(such as a law enforcement,prosecution,or court program)that results in any court dispositions, information,or other records that are"eligible records"(under federal or State law)relevant to the National Instant Background Check System(NICS),or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions,information,or other records that are"eligible records"(under federal or State law)relevant to the NICS,the recipient(or subrecipient,if applicable)must ensure that all such court dispositions,information,or other records that are"eligible records"(under federal or State law)relevant to the NICS are promptly made available to the NICS or to the"State"repositoryidatabase that is electronically available to(and accessed by)the NICS,and—when appropriate—promptly must update,correct,modify,or remove such NICS- relevant"eligible records". In the event of minor and transitory non-compliance,the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition(including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition, 41. Certification of Compliance with 8 U.S.C. 1373 and 1644(within the funded"program or activity")required for valid award acceptance by a local government In order validly to accept this award,the applicant local government must submit the required"State or Local Government:FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644"(executed by the chief legal officer of the local government). Unless that executed certification either—(1)is submitted to OR together with the fully- executed award document,or(2)is uploaded in OJP's GMS no later than the day the signed award document is submitted to OJP,any submission by a local government that purports to accept the award is invalid. If an initial award-acceptance submission by the recipient is invalid,once the local government does submit the necessary certification regarding 8 US,C.1373 and 1644,it may submit a fully-executed award document executed by the local government on or after the date of that certification. For purposes of this condition,"local government"does not include any Indian tribe. .......................................... .......... . ............................................................. OJP FORM 4W/2(REV 4-88) . U.S,.Department of Justice p` Office of Justice Programs AWARD CONTINUATION i Bureau of Justice Assistance SHEET PAGE 13 OF 22 Grant ..................... . ... .... .. PROJECT NUMBER 2018•DJ•BX-0492 AWARD DATE 10101l2018 SPECIAL CONDITIONS 42. Noninterference(within the funded"program or activity")with federal law enforcement:8 U.S.C. 1373 and 1644, ongoing compliance I.With respect to the"program or activity"funded in whole or part under this award(including any such program or activity of any subrecipient at any tier),throughout the period of performance,no State or local government entity,- agency,or-official may prohibit or in any way restrict—(1)any government entity or-official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a);or(2)a government entity or-agency from sending,requesting or receiving,maintaining,or exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b)or 1644.Any prohibition(or restriction)that violates this condition is an "information-communication restriction"under this award. 2.Certifications from subrecipients.The recipient may not make a subaward to a State,a local government,or a "public"institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644,properly executed by the chief legal officer of the government or educational institution that would receive the subaward,using the appropriate form available at httpsa/ojp.gov/funding/Explore/SampleCertification"USC1373.htm, Also,the recipient must require that no subrecipient(at any tier)may make a further subaward to a State,a local government,or a public institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644,properly executed by the chief legal officer of the government or institution that would receive the further subaward,using the appropriate OJP form. 3.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 4.Allowable costs.Compliance with these requirements is an authorized and priority purpose of this award.To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a local government,or a public institution of higher education,incurs to implement this condition. 5.Rules of Construction A.For purposes of this condition; (1)"State"and"local government"include any agency or other entity thereof,but not any institution of higher education or any Indian tribe. (2)A"public"institution of higher education is defined as one that is owned,controlled,or directly funded(in whole or in substantial part)by a State or local government,(Such a public institution is considered to be a"government entity," and its officials to be"government officials.") (3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d4a). (4)"Immigration status"means what it means under 8 U S.C. 1373 and 8 U.S.C. 1644;and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101„except that"State"also includes American Samoa. (5)Pursuant to the provisions set out at(or referenced in)8 U.S.C.1551 note("Abolition and Transfer of Functions"),references to the"Immigration and Naturalization Service"in 8 U.S.C, 1373 and 1644 are to be read as references to particular components of the Department of Homeland Security(DHS). B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any State or local government,any public institution of higher education,or any other entity(or individual)to violate any federal law,including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE:Any questions about the meaning or scope of this condition should be directed to OJP,before OJP FORM 400012(REV.4.88) U.S.Department of Justice { Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 14 OF 22 Grant j PROJECTNUMBER 2019,MM-0492 AWARD DATE 10101l2018 ..... .................................. . SPECIAL CONDITIONS award acceptance, 43. Authority to obligate award funds contingent on noninterference(within the funded"program or activity")with federal law enforcement(8 U.S.C, 1373 and 1644);unallowable costs;notification 1.If the recipient is a"State,"a local government,or a"public"institution of higher education: I A.The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient (or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that is funded in whole or in part with award funds is subject to any"information-communication restriction." B.In addition,with respect to any project costs it incurs"'at risk,"the recipient may not obligate award funds to reimburse itself if--at the time it incurs such costs—the program or activity of the recipient(or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that would be reimbursed in whole or in part with award funds was subject to any information-communication restriction. C.Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation by the recipient to OR that,as of the date the recipient requests the drawdown,the recipient and each subrecipient (regardless of tier)that is a State,local government,or public institution of higher education,is in compliance with the award condition entitled"Noninterference(within the funded'program or activity')with federal law enforcement'8 U.S.C. 1373 and 1644 and ongoing compliance." D.The recipient must promptly notify OR to writing)if the reci ten from its requisite monitorin of compliance - j P�� P P Y fY C g) P� tig P with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the recipient,or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education,may be subject to any information-communication restriction,In addition,any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher education must require prompt notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an information-communication restriction I 2.Any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher education must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the program or activity of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in pan with award funds is subject to any information-communication restriction, 3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of subrecipient's minor and transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award funds that,under this condition,may not be made shall be unallowable costs for purposes of this award.In making any such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the"Noninterference...8 U.S.C. 1373 and 1644 and ongoing compliance"award condition. 4.Rules of Construction A.For purposes of this condition"information-communication restriction"has the meaning set out in the 'Noninterference_8 U,S,C, 1373 and 1644 and ongoing compliance"condition,. B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference...8 U.S.C. 1373 and I644 and ongoing compliance"condition are incorporated by reference as though set forth here in full. � OJP FORM 4 /2(REV.4-88) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SIHIEET PAGE 15 OF 22 Grant ............................ ........... ............. PROJECT NUMBER 20,18,DXSX4492 AWARD DATE 1010112019 SPECIAL CONDITIONS 44. Noninterference(within the funded"program or activity")with federal law enflarcemem No public disclosure of certain law enforcement sensitive information SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in pan)by the award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance.Its provisions must be among those included in any subaward(at any tier), 1.Noninterference:No public disclosure of federal low enforcement information in order to conceal,harbor,or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law(including 8 U S.C. 1324 and 18 U.S,C,,chs, 1,49,227),no public disclosure may be made of any federal law enforcement information in a direct or indirect attempt to conceal,harbor,or shield from defection any fugitive from justice under 18 U.S.C.ch.49,or any alien who has come to,entered,or remains in the United States in violation of 8 U.S.C.ch.12— without regard to whether such disclosure would constitute(or could form a predicate for)a violation of 18 U.S.C. 1071 or 1072 or of U,&C, 1324(a) 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipicnt compliance with this condition, 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this condition. 4.Rules of construction A.For purposes of this condition— (1)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see 8 U.S.C, I 10 1(a)(3)); (2)the term"federal law enforcement information"means law enforcement sensitive information communicated or made available,by the federal government,to a State or local government entity,-agency,or-official,through any means,including,without limitation—(t)through any database,(2)in connection with any law enforcement partnership or-task-force,(3)in connection with any request for law enforcement assistance or-cooperation,or(4) through any deconfliction(or courtesy)notice of planned,imminent,commencing,continuing,or impending federal low enforcement activity; (3)the term"law enforcement sensitive information"means records or information compiled for any law enforcement purpose;and (4)the term"public disclosure"means any communication or release other than one—(a)within the recipient,or(b)to any subrecipient(at any tier)that is a government entity. B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded 'program or activity)with federal law enforcement:8 U.S.C,. 1373 and 1644 and ongoing compliance"award condition are incorporated by reference as though set forth here in full.. ............... ............................. 01P FORM 400012(RrV 4-88) ® ®.... U.S.Department of Justice � .................................................. F Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET (([ PAGE 16 OF 22 Grant � f PR,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, �� .�,,. ®_ OJECTNUMBER 2018•D1•BX-04 2 AWARDDATIt 1 0/01120 1 8 r SPECIAL CONDITIONS 45. Noninterference(within the funded"program or activity")with federal law enforcement Interrogation of certain aliens SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or m part)by this award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance for the award.. Its provisions must be among those included in any subaward(at any tier)„ 1.Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations--including 8 U.S.C. 1357(a),under which certain federal officers and employees"have power without warrant to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States,"and 8 C.F.R.287"5(a),under which that power may be exercised ' "anywhere in or outside the United States"--within the funded program or activity,no State or local government entity,-agency,or-official may interfere with the exercise of that power to interrogate"without warrant"(by agents of the United States acting under color of federal law)by impeding access to any State or local government(or government-contracted)correctional facility by such agents for the purpose"interrogat(ing]any alien or person believed to be an alien as to his[or her)right to be or to remain in the United States,"' I 2.Monitoring I The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. "`°° 3.Allowable costs " To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the j reasonable,necessary,and allocable costs(if any)of actions(e,g„training)designed to ensure compliance with this condition. r 4.Rules of construction A.For purposes of this condition; (1)The term"alien"means what it means under section 101 of the Immigration and Nationality Act(INA)(see 8 U.S.C. I 101(a)(3)). I (2)The term"correctional facility"means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968(see 34 U.S.C: 10251(a)(7)). (3)The term"impede"includes taking or continuing any action,or implementing or maintaining any law,policy,rule, or practice,that-- { (a)is designed to prevent or to significantly delay or complicate,,or (b)has the effect of preventing or of significantly delaying or complicating, B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded 'program or activity')with federal law enforcement: 8 U„S.0 13'73 and 1644 and ongoing compliance"award condition are incorporated by reference as though set forth here in full. I i min...................................................,® .... �.,w.,,,,, ........................................................... ............. OJP FORM 400012(REV.4-88) ......................................................................................................................... U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION f Bureau of Justice Assistance SHEET PAGF t7 OF 22 Grant PROJECT NUMBER 2018-DIRX4492 AWARD DATE 10/0k"'W� ---------- SPECIAL COMMONS 46, Noninterference(within the funded"program or activity")with federal law enforcement;Notice of scheduled release SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in pan)by the award,as of the date the recipient accepts the award,and throughout the remainder of the penod of performance,Its provisions must be among those included in any subaward at any tier. 1.Noninterference with"removal"process-Notice of scheduled release date and time Consonant with federal law enforcement statutes—including 8 U.S.C. 1231(for an alien incarcerated by a State or local government,a 90-day"removal period"during which the federal government"shall"detain and then"shall" remove an alien from the U.S."begins"no later than"the date the alien is released from—confinement",also,the federal govenuncrit is expressly authonzcd to make payments to a"State or a political subdivision of the State with respect to the incarceration of[an]undocumented criminal alien");8 U.S.C, 1226(the federal government"shall take into custody"certain criminal aliens"when the alien is released");and 8 U.S.C. 1366(requiring an annual DOJ report to Congress on"the number of illegal alien[felonsji in Federal and State prisons"and programs underway"to ensure the prompt removal"from the U.S.of removable"criminal aliens")—within the funded program or activity,no State or local government entity,-agency,or-official(including a government-contracted correctional facility)may interfere with the"removal"process by failing to provide—as early as practicable(see para,4.C.below)—advance notice to DHS of the scheduled release date and time for a particular alien,if State or local goverriment(or government- contracted)correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice, 2.Monitoring The recipient's monitoring responsibilities include monitoring ofsubrecipicnt compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions(e,g,,,training)designed to ensure compliance with this condition. 4.Rules of construction A.For purposes of this condition: (1)The term"alien"means what it means under section 10 a ofthe INA(see 8 US.C,1101(a)(3)), (2)The term"correctional facility"means what it means under the title I of the Omnibus Cnme Control and Safe Streets Act of 1968(see 34 U-S.C. 10251(a)(7)). B.Nothing in this condition shall be understood to authorize or require any recipient,any subrccipient at any tier,any State or local government,or any other entity or individual to maintain(or detain)any individual in custody beyond the date and time the individual otherwise would have been released. C. Applicability (1)Current DHS practice is ordinarily to request advance notice of scheduled release"'as early as practicable(at]cast 48 hours,if possible)."(See DHS Form I-247A(3?17))�lf(c,g.,in light of the date DHS made such request)the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested,it shall NOT be a violation of this condition to provide only as much advance notice as practicable, (2)Current DHS practice is to use the same form for a second,distinct purpose—to request that an individual be OJP FORM 409012(REV,4-89) U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 18 OF 22 Grant ............................................................................... PROJECTNUMSEP 2019-DJ.BX-0492 AWARD DATE MA11018 SPECIAL CONDITIONS detained for up to 48 hours AFTER the scheduled release.This condition does NOT encompass such DHS requests for detention. D„Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded *ogran or activity')with federal law enforcement:8 U.S.C. 1373 and 1644 and ongoing compliance"award condition arc incorporated by reference as though set forth here in full 47, Requirement to collect certain information from subrecipients The recipient may not make a subaward to a State,a local government,or a"public"institution of higher education, unless it first obtains from the proposed subrccipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security(DHS)and/or Immigration and Customs Enforcement(ICE)."All subrecipient responses must be collected and maintained by the recipient,consistent with regular document retention requirements,and must be made available to DOJ upon request.Responses to these questions are not required from subrecipients that am either a tribal govcmmenVorganization,a nonprofit organization, or a private institution of higher education. .................... .............. ......... .................. ..................................................... ........... OJP FORM 40DO/Z(REV 448) ............. ... U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SKEET PAGE M OF 22 Grant PROJECTNUMBER 2018-M-BX-0422 AWARD DATE R0/01'21flt8 SPECIAL CONDITIONS 48. Compliance with National Environmental Policy Act and related statutes Upon request,the recipient(and any subrecipient at any tier)must assist BJA in complying with the National Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient. Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes...If it is determined that any of the following activities will be funded by the award,the recipient agrees to contact BJA, The recipient understands that this condition applies to new activities as set out below,whether or not they are being specifically funded with these award funds,That is,as long as the activity is being conducted by the recipient,a subrecipient,or any third party,and the activity needs to be undertaken in order to use these award funds,this condition must first be met.The activities covered by this condition are,, a.New construction; b,Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments;and e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories, The recipient understands and agrees that complying with NEPA may require the preparation ofan Environmental Assessment and/or an Environmental Impact Statement,as dirczted by BJA:The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at htips:�llbja.gov/Funding/nepa.htmi,for programs relating to methamphetamine laboratory operations„ Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients'existing programs or activities that will be funded by these award funds,the recipient,upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 49. Establishment of trust fund If award funds are being drawn down in advance,the recipient(or a subrecipient,with respect to a subaward)is required to establish a trust fund account.Recipients(and subrecipients)must maintain advance payments of federal awards in interest-bearing accounts,unless regulatory exclusions apply(1 C.F.R.200,305(b)(8)),The trust fund, including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG),The recipient also agrees to obligate the award funds in the trust fund(including any interest earned)during the period of performance for the award and expend within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to OJP at the time of closeout. OJP FORM 40M2(RCV,4-88) ---------------------------------------- U.S.Department of Justice Office ofJustice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 20 OF 22 j Grant ...... ........ PROJEC NUMBER 2019-DJ-BX-0492 AWARD DATE 10,1011,2018 SPECIAL CONDITIONS 50. Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50%match for purposes of the DOJ Bulletproof Vest Partnership(BVP)program, 51, Certification of body armor"mandatory wear"policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased with funds from this award have a written"mandatory wear"policy in effect The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab- resistant body armor purchases This policy must be in place for at least all uniformed officers before any funds from I this award may be used by an agency for body armor.There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 52, Body armor-compliance with NU standards and other requirements I Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat level,make or model,from any distributor or manufacturer,as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List(https°M'aij.gov,"topics/technology/body-armor/Pages/compliant-ballistic-arrnor.aspx).In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted,as set forth in 34 U.S,C. 10202(c)(1)(A)„The latest NIJ standard information can be found here:httpsI 1 nij.govY topics)technology,'body-armors pagcs�safety-initiative.aspx. 53. Body armor-impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership(BVP)program,a separate program operated by BJA,pursuant to the BVP statute at 34 USC 10531(c)(5). 54, Reporting requirements The recipient must submit quarterly Federal Financial Reports(SF425)and semi-annual performance reports through OJP's GMS(https://grants.ojp.usdoj.gov).Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Too)(PMT)website(www.bjaperfarmancetools.org).For more detailed information on reporting and other JAG requirements,refer to the JAG reporting requirements webpage..Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 55. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force,racial and ethnic bias,dc- escalation of conflict,and constructive engagement with the public. 56. Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute,unless,as set forth at 34 U.S.C. 10152.the BJA Director certifies that extraordinary and exigent circumstances exist,making such expenditures essential to the maintenance ofpublic safety and good order. We OR FORM 400012( -V.4-89) .......... 11.5.Department o p of Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 21 OF 22 I Grant ® m 18 PROJECT NUMBER 2010-DJ-BX-0492 AWARD DATE 10/01,,120 �SPECIAL CONDITIONS 57. Authorization to obligate(federal)award funds to reimburse certain project costs incurred on or after October 1,2017 The recipient may obligate(federal)award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award(October I,2017),however,the recipient may choose to incur project costs using non-federal funds,but any such project costs are incurred at the recipient's risk until,at a minimum—(1)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions are removed by OJP(via a Grant Adjustment Notice), (A withholding condition is a condition in the award document that precludes the recipient from obligating,expending,or drawing down all or a portion or the award funds until the condition is removed.) Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at- risk,"if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice,the recipient is authorized to obligate(federal)award funds to reimburse itself for project costs incurred"at-risk"earlier during the period of performance(such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition),provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient(or any subrecipient at any tier)to use award funds to"supplant"State or local funds in violation of the recipient's certification(executed by the chief executive of the State or local government)that federal funds will be used to increase the amounts of such funds that would,in the absence of federal funds,be made available for law enforcement activities. 58. Use of finds for DNA testing;upload of DNA profiles If award funds are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System("CODIS;the DNA database operated by the FBI)by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. 59. Three percent set-aside for NIBRS compliance The recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving full compliance with the FBI's National Incident-Based Reporting System(NIBRS),unless the FBI or appropriate State official has certified that the recipient locality is already NIBRS compliant,and evidence of this has been submitted to and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate what projects will be supported by this 3 percent set-aside,unless evidence of NIBRS compliance has been submitted to and approved by BJA.Recipients serving as fiscal agents for"disparate jurisdictions,"(as defined at 34 USC 10156(d)(4))have to pass this requirement through to in subawards to other localities in the disparate jurisdiction,so that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance, unless,with respect to each locality in the disparate jurisdiction group,evidence orNIBRS compliance has been submitted to and approved by BJA. �._._® OJP FORM 400012(RLV.4-88) ----------------- U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 22 OF 22 Grant PROJECTNUMBER 2019-DJ,BX-0492 AWARD DATE 10,10112019 SPECIAL CONDITIONS 60. Encouragement of submission of"success stories" BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success story,sign in to a My BJA account at https:l/www bja.gov/Login.aspx to access the Success Story Submission form.If the recipient does not yet have a My BJA account,please register at https/I www.bja.gov/profile.aspx.Once registered,one of the available areas on the My BJA page will be"My Success Stones."Within this box,there is an option to add a Success Story,Once reviewed and approved by BJA,all success stones will appear on the BJA Success Story web page at hapsI/www,bja,gov1 SuccessStoryList.aspx. 61, Withholding of funds!Required certification from the chief executive of the applicant government The recipient may not obligate,expend,or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government,"properly-executed(as determined by OJP),and a Grant Adjustment Notice(GAN)has been issued to remove this condition, 62. Withholding of funds NIBRS set-aside The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and BJA reviews and accepts,a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance activities or documentation showing that the recipient has been certified as NIBRS compliant,and a Grant Adjustment Notice(GAN)has been issued to remove this condition. 63. Initial period of performance;requests for extension The recipient understands that the initial period of performance for this award is two years. The recipient further understands that any requests for an extension of the period of performance for this award will be approved automatically for up to a total of two additional years,pursuant to 34 U.S.C.10 152(0 and in accordance with the program solicitation associated with this award. Any request for an extension of the period of performance beyond a four-year award period will require approval,and the approval(if any)will be at the discretion of the Director of BJA. 64. Withholding of funds- Disclosure of lobbying The recipient may not obligate,expend,or draw down any funds under this award until it has provided to the grant manager for this OJP award a complete Disclosure of Lobbying Activities(SF-LLL)form,and OJP has issued a Grant Adjustment Notice to remove this special condition. 65. Recipient may not obligate,expend or drawdown funds until the Bureau ofJustice Assistance,Office ofJusticc Programs has received and approved the required application anachment(s)and has issued a Grant Adjustment Notice (GAN)releasing this special condition. ..................................... ...... --------..................................... OJP FORM 400012(REV 4.08) W211201 B https,/Igrants.ojp.usdoj.gov/gmsextemaYapplicationReview.do?print=yes APPLICATION FOR 2. DATE SUBMITTED Applicant Identifier FEDERAL ASSISTANCE I. TYPE OF SUBMISSION 3. DATE RECEIVED BY STATE State Application Identifier Application Non-Construction 4. DATE RECEIVED BY Federal Identifier FEDERAL AGENCY i 5.APPLICANT INFORMATION i Legal Name Organizational Unit Monroe County Board of County Commissioners Grants Administration Address Name and telephone number of the person to be contacted on matters involving this application 1100 Simonton St. Key West, Florida Gunderson, Janet 33040-3110 (305) 292-4470 i 6. EMPLOYER IDENTIFICATION NUMBER(EIN) 7. TYPE OF APPLICANT 59-6000749 County 8. TYPE OF APPLICATION 9. NAME OF FEDERAL AGENCY New Bureau of Justice Assistance 10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE 11. DESCRIPTIVE TITLE OF APPLICANT'S PROJECT NUMBER: 16.738 CFDA Edward Byrne Memorial Justice Assistance Monroe County Drug Court Medical Director TITLE: Grant Program Initiative 12. AREAS AFFECTED BY PROJECT Monroe County 13. PROPOSED FROJECT 14. CONGRESSIONAL DISTRICTS OF Start Date: October 01, 2018 End Date: September 30, 2019 a. Applicant b. Project FL26 --------------- 15. ESTIMATED FUNDING 116. IS APPLICATION SUBJECT TO REVIEW Federal TO BY STATE EXECUTIVE ORDER 12372 PROCESS? Applicant $13,982 State $0 Program has not been selected by state for review Local $0 Other $0 Program Income $0 17. IS THE APPLICANT DELINQUENT ON ANY FEDERAL DEBT? TOTAL $13,982 IN 18. TO THE BEST OF MY KNOWLEDGE AND BELIEF, ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT, THE DOCUMENT HAS BEEN DULY AUTHORIZED https://grants.ojp.usdoj.gov/gmsextemaVapplicationReview.do?print=yes 112 8/21/2018 https:/tgrants.ojp.usdoj.govlgmsextemaVapplicationRoview.do?print=yes BY GOVERNING BODY OF THE APPLICANT AND THE APPLICANT WILL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS REQUIRED. L Close window 111-1 https:ttgrants.ojp.usdoj.gov/gmsextemaUapplicationReview.do?print=yes 2J2 BJA-2018-13626/Byrne JAG/Fy2018 Local Solicitation Project Abstract (Attachment 1) Applicant: Monroe County, Florida, governed by a Board of County Commissioners. Project Title: "Monroe County Drug Court Medical Director Initiative". Project Goal: To continue to build the capacity within the Monroe County Drug Court to address the needs of clients presenting with mental health and/or prescription drug abuse issues. Allocating funds for the Medical Director Initiative for a seventh year will continue to significantly improve the effectiveness of drug treatment and case management activities conducted for drug court clients presenting with prescription drug abuse and/or mental health issues. This initiative will also increase the likelihood of recovery success, in addition to diverting clients from continuing criminal involvement. The allocation of 2012, 2013, 2014, 2015, 2016 and 2017 JAG funds, has allowed the Drug Court Program employees and their participants to reap benefits of working with the Medical Director who has the expertise to address such issues. This initiative responds to the "The Florida's Prescription Drug Diversion and Abuse Roadmap 2012— 2015; released April 4, 2012, by Florida Attorney General Pam Bondi, which recognizes the need for existing drug courts to address prescription drug abuse issues. With a Medical Director, the Monroe County Drug Court will continue to provide professional medical/psychiatric assistance for clients with prescription drug abuse and/or mental health issues. Strategies: Contract with a local Psychiatrist, proficient in the field of addiction, to act as the Drug Court Medical Director who will work with clients detoxifying and/or presenting with symptom of mental health disorders to diagnose; explore alternative medications; make psychotropic medication recommendations to treating physicians when appropriate; and make recommendations to the court. The Monroe County Drug Court Criminal Court Services Coordinator will work with the Trial Court Administrator, Holly Elomina, continuing to ensure that all aspects of the program are fully implemented in an efficient manner. Performance measures/outcomes: • Monroe County Drug Court Program will contract with a local psychiatrist, proficient in the field of addiction to act as the Drug Court Medical Director to provide the services as described. • The Drug Court Medical Director will provide about seventy-three (73) hours of services during the grant year. Medical Director Service hours will be tracked/monitored weekly and reported quarterly. • Approximately twenty-five (25) Monroe County Drug Court Program participants will receive medical services (many requiring multiple hours of service) to reduce their prescription drug abuse and/or to more comprehensively treat their mental health disorders that led to their involvement in the drug court/criminal justice system. Participant numbers will be tracked/monitored weekly and reported quarterly. Project Identifiers for this proposed project are: (1) Drug Courts, (2) Drug Offenders, (3) Prescription Drugs, (4) Substance Abuse Treatment, and (5) Mental Health. 1 BJA-2018-13626/Byrne JAG/FY2018 Local Solicitation Program Narrative (Attachment 2) Program Narrative The Monroe County Drug Court Program located in Monroe County, Florida has been in continuous operation since 1993. Our circuit operates a Juvenile, Dependency, and Adult Diversion Drug Court, with sites in Key West, Marathon, and Plantation Key. Monroe County is the southernmost county in the continental United States. It consists of the Florida Keys, a string of islands connected by U.S. Highway 1, extending 150 miles southwest of Miami and the surrounding waters. There are 42 bridges linking the Florida Keys. Drug Courts reduce drug seeking behaviors by treating the underlying addiction of the non- violent offender, thereby offering a greater chance of breaking the cycle of drug abuse, crime, and incarceration. Drug Court program participants are closely supervised by a judge who is supported by a team of agency representatives operating outside their traditional roles. The team includes a drug court coordinator, case manager, substance abuse treatment counselors, prosecuting attorneys, defense attorneys, juvenile probation officers, school representatives, employees of Department of Children & Families, Guardian Ad Litem, community-based care workers, law enforcement officers, and adult probation officers. Eligible participants for the drug court program are identified and assessed early, and then placed into a treatment program. During their time in treatment, offenders are given random drug screening tests, and are required to appear frequently in front of a judge for progress evaluations. Drug court participants may be rewarded for remaining abstinent and attending meetings. Following successful completion of the drug court's treatment program, the court may, set aside or reduce their sentence, dismiss the original charge, or a combination of these. However, participants may also be sanctioned for violating the program's regulations by being removed from the program and given their original sentence. In some drug courts, participants are also provided ancillary services, such as mental health treatment, family therapy, and job training to increase their probability for success (Casebolt, R., Huddleston Ill, C.S., Marlowe, D.B. (2008). Painting the Current Picture: A National Report Card on Drug Courts and Other Problem-Solving Court Programs in the United States. National Drug Court Institute, 2(1). It is estimated that every $1 spent on drug courts results in costs savings of anywhere from $1.74 to $6.32 per participant (Florida Office of the State Courts Administrator, Office of Court Improvement. (2010). Drug Courts in Florida: Frequently Asked Questions and Quick Facts.). On average, drug courts cost $4,333 per client, but they save $4,705 for taxpayers and $4,395 for potential victims (National Drug Court Institute. (2009). Research Findings). But even these costs are minimal compared to the costs of incarceration, which are, on average, $19,469 per inmate per year (Florida Department of Corrections. (2010). 2010 Annual Report: FY 2009-10. Retrieved from: http://www.dc.state. . / -1 i A 2005 Government Accountability Office report showed lower percentages of drug court program participants were rearrested or reconvicted. Drug court program participants also generally had longer times to first arrest or conviction than comparison group members. When 2 BJA-2018-13626/Byrne JAG/FY2018 Local Solicitation comparing the results of treatment through drag courts, and results from standard punishment, it becomes apparent that drug courts are highly effective in reducing crime and consequently taxpayer expense (Rossman, Shelli B. etc. (2011). The Multi-State Adult Drug Court Evaluation. U.S. Department of Justice). The Monroe County Drug Court Program is applying for a seventh year of JAG funding for the "Medical Director Initiative" program, under the purpose area of "Drug treatment and enforcement programs". The program activities include: 1. Contracting with a local Psychiatrist, proficient in the field of addiction to act as the Drug Court Medical Director, who will provide approximately seventy (70) hours of psychiatric services to Adult Division, Family Treatment, and Juvenile Drug Court Program participants per funded calendar year. 2. The Medical Director will make professional and qualified decisions regarding clients presenting with prescription drug abuse and dependence issues. 3. The Medical Director will communicate with the treating physicians, assisting in the diagnosis and prescribing of psychotropic medication to our clients who are detoxifying and/or present with symptoms of mental health disorders. 4. The Medical Director will work with the clients to explore alternative medications and make recommendations to the court as a qualified professional. 5. Approximately twenty-five (25) Monroe County Drug Court participants will receive medical services (many requiring multiple hours of service) to reduce their prescription drug abuse and/or to more comprehensively treat their mental health disorders that led to their involvement in the drug court/criminal justice system. Following a lengthy Request for Proposal, selection, and contract approval process beginning in July of 2012, under the supervision of the Monroe County Attorney's Office, the Medical Director initiated the provision of services for the Drug Court program in January 2013. In the first grant year, the Medical Director provided fifty (50) hours of service of which he attended ten (10) staff sessions with the Drug Court clinical team, conducted ninety-four (94) case reviews, performed fifty-three (53) assessment sessions with thirty-eight (38) clients, attended five (5) groups with fifty (50) clients, and educated the team with regards to best practice treatment techniques. In the second grant year, the Medical Director provided thirty-eight and a half (38%) hours of service of which he attended eleven (11) staff sessions with the Drug Court clinical team, conducted two hundred and eleven (211) case reviews, performed sixty (60) assessment sessions with fifty-four (54) clients, and was instrumental in researching best practices for ETG/Alcohol testing and developing the ETG/Alcohol testing protocol. In the third grant year, the Medical Director provided sixty-two (62) hours of service of which he attended eleven (11) staff sessions with the Drug Court clinical team, conducted two hundred and eighty (280) case reviews, and performed sixty (60) assessment sessions with fifty-four (54) clients. In the fourth year, the Medical Director provided sixty-eight (68) hours of services, exceeding our goal to provide approximately twenty-five (25) Monroe County Drug Court Program participants with 3 BJA-2018-13626/Byrne JAG/FY2018 Local Solicitation services to reduce prescription abuse and treat mental health illness. He attended twelve (12) staff sessions with the Drug Court clinical team, conducted one hundred and thirty-eight (138) participant case reviews, and completed forty-five (45) individual sessions with forty-two (42) clients. In the fifth grant year, the Medical Director provided forty-eight (48) hours of services, exceeding our goal to provide approximately twenty-five (25) Monroe County Drug Court Program participants with services to reduce prescription abuse and treat mental health illness. He attended eleven (11) staff sessions with the Drug Court clinical team, conducted two hundred and twenty-six (226) participant case reviews, and completed thirty-five (35) individual sessions. In this current grant funding year, year six, the Medical Director has provided twenty (20) hours of services, attended four (4) staff sessions with the Drug Court clinical team, conducted sixty-five (65) participant case reviews, and completed twelve (12) individual sessions. Analysis of Need The number of referrals to Drug Court with prescription drug arrests is on the increase state wide. According to the Monroe County Sheriff's office from April 2011 to April 2012 there were approximately 150 arrests for possession of a controlled substance without a prescription. This number does not include other criminal activities associated with prescription drug abuse. The Court and clinical staff hands are tied with regards to being qualified to assess the necessity of medication for our clients. The Florida's Prescription Drug Diversion and Abuse Roadmap 2012 — 2015, released April 4, 2012, by Florida Attorney General Pam Bondi, recognizes the strength of existing drug courts and places them front-and-center in the multi-faceted fight against prescription drug abuse. The Roadmap recommends two important strategies: 1. Florida must expand drug courts across the state to admit more non-violent prescription drug offenders. Expanding Drug Courts increase overall savings to the state's budget as fewer offenders would be sentenced to costly prison time. Expansion of Drug Courts also decreases crime rates overall by effectively shortening a non-violent offender's emerging criminal history by intervening earlier with effective drug treatment consisting, in part, of swift and certain sanctions (Office of Program Policy Analysis & Government Accountability. (2010). Without Changes, Expansion Drug Courts Unlikely to Realize Expected Cost Savings. Tallahassee, FL.). 2. Florida must ensure reliable screening processes are established to capture those offenders whose crimes are grounded in prescription drug abuse, and who would benefit from a comprehensive treatment program. Monroe County's Drug Court proposal for JAG funding is directly responsive to the Attorney General's recommendations. A contractual agreement with a Medical Director will expand the capacity and expertise of our Drug Court Program to address participants with prescription drug abuse issues. 4 BJA-2018-13626/Byrne JAG/FY2018 Local Solicitation A strong nexus exists between crime and drug abuse. If mental health and prescription drug abuse issues are left untreated, users will typically engage in repeated drug theft, shoplifting, prescription fraud, burglary, and a myriad of other criminal activities. Law enforcement is reporting that prescription drug abuse is fueling increases in property crimes, as criminals seek to acquire powerful pain medications by breaking into pharmacies and homes in order to both consume and sell pills on the black market (Goodnough, Abby. (2010). A Wave of Addiction and Crime, with the Medicine Cabinet to Blame. The New York Times, September 23, 2010. Retrieved from: . i .ciol 0,9 / / /u Our focus on treating prescription drug addiction in the criminal justice system reflects the scientific understanding that addiction is a result of brain changes caused by repeated drug use. The United States makes up roughly five (5) percent of the world's population, but consumes eighty (80) percent of its opioids, as well as Ninety-nine (99) percent of the world's hydrocodone (Avila, Jim. (2011). Prescription Painkiller Use at Record High for Americans. ABC World News, April 20, 2011. Retrieved from: htt :// _ . / ' ton- _r` ill - c - number-americans:gain-medicationlstoly?id=13421828). It is unclear how much of this consumption is legitimate and how much is diverted for abuse. Drug courts remain the most effective means we have for reducing diverted prescription drug demand by addicts in our criminal justice system. Anticipated Coordination Efforts Contracting this seventh year of services with a Medical Director will continue to improve the Drug Court Program team's performance outcome by increasing the program's effectiveness and comprehensiveness, reducing recidivism, increasing participant success rates, and reducing costs to law enforcement and the criminal justice system. The team includes the drug court judge, criminal court services coordinator, drug court coordinator, case manager, substance abuse treatment counselors, prosecution attorneys, defense attorneys, juvenile probation officers, school representatives, employees of Department of Children & Families, Guardian Ad Litem, community-based care workers, law enforcement officers, and adult probation officers. Approximately twenty-five (25) Monroe County Drug Court participants will receive medical services (many requiring multiple hours of service) to reduce their prescription drug abuse andlor to more comprehensively treat their mental health disorders that led to their involvement in the drug court/criminal justice system. 5 BJA-2018-13626/Byrne JAG/FY2018 local Solicitation Budget and Budget Narrative** (Attachment 3) Budget Category uantit Name Price Contract Enter into a contract with a local Psychiatrist who is $13,982.00 proficient in the field of addictions, to perform the duties of Drug Court Medical Director, The Medical Director will provide approximately seventy (70) hours of psychiatric services, at the rate of two hundred dollars per hour to the Adult Division, Family Treatment, and Juvenile Drug Court Program participants for the grant calendar year. a. The Medical Director will make professional and qualified decisions regarding clients presenting with prescription drug abuse issues. b. The Medical Director will work with the clients and their physicians to explore alternative medications and make recommendations to the court as a qualified professional. c. The Medical Director will provide case management, education, and training to the Drug Court staff. Travel/Mileage Expense $ 0.00 TOTAL PROJECT COSTS $13.982.00 Federal Request $13,982.00 Non-Federal Amount $0.00 Budget Narrative The Justice Department has allocated $13,982.00 to Monroe County, Florida as part of the 2018 JAG Local Solicitation. The Monroe County Drug Court Program is applying for the total amount. The JAG funds will provide a Medical Director for the Monroe County's Drug Court Program. This funding will provide Medical Director Services for a seventh year. Without this grant funding, there is no budget for this service and the service will not be provided. These federal funds will not be used to replace or supplant any nonfederal funds as none were appropriated for this purpose. Monroe County Drug Court has contracted with a provider in compliance with Monroe County's purchasing policies.. **Note: Also attached is the Budget Detail Worksheet using Microsoft Excel; the form was accessed at ://gip.gg]6Mlg46ggM2p!ylForinsIBuggetDetaMWorksheethtm 6 BJA-2018-13626/Byrne JAG/FY2018 Local Solicitation Review Narrative (Attachment 4) Governing Body Review This FY2018 (BJA-2018-13626) Edward Byrne Memorial Justice Assistance Grant (JAG) application for Monroe County is scheduled to be presented to the governing body, the Board of County Commissioners (BOCC), by September 4, 2018, as part of the official agenda for the regular, monthly (September) meeting of the BOCC. The application will be reviewed by the Monroe County Board of Commissioners at the publicly noticed Commission meeting scheduled on September 19, 2018. The application will thus be made public to the citizens and neighborhood or community organizations and they will have an opportunity to comment on its worthiness at the September 19, 2018 Commission meeting. (The Monroe County Drug Court Program was unable to present this application to the Board of County Commissioners at an earlier date due to the short turn-around time between our awareness, July 20, 2018, of the JAG announcement and the application submission due date, August 22, 2018) BJA-2018-13626/Byrne JAG/R2018 Local Solicitation Applicant Disclosure of No Pending Applications (Attachment 5) The Monroe County Board of County Commissioners does not have pending applications submitted within the last twelve (12) months for federally funded grants or sub-grants (including cooperative agreements) that include requests for funding to support the same project being proposed under this solicitation that will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. I Appendix E Information regarding Communication with the Department of Homeland Security(DHS) and/or Immigration and Customs Enforcement(ICE) Applicant: Monroe County Board of County Commissioners Address: 1100 Simonton Street Key West, FL 33040-3110 Contact: Janet Gunderson, (305) 292-4470 Each applicant must provide responses to the following questions as an attachment to the application: (1) Does your jurisdiction have any laws, policies, or practices related to whether, when, or how employees may communicate with DHS or ICE? NO (2) Is your jurisdiction subject to any laws from a superior political entity(e.g., a state law that binds a city)that meet the description in question 1? NO (3) If yes to either: • Please provide a copy of each law or policy; • Please describe each practice; and • Please explain how the law, policy, or practice complies with section 1373. Note: Responses to these questions must be provided by the applicant to BJA as part of the JAG application. Further, the requirement to provide this information applies to all tiers of JAG funding, for all subawards made to state or local government entities, including public Institutions of higher education.All subrecipient responses must be collected and maintained by the direct recipient of JAG funding and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal govemmentlorganization, a nonprofit organization, or a private institution of higher education. 1 BJA-2018-13626 U.S.DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Government:Local FY 2018 CertificationRelating t On behalf of the applicant government entity named below,and in support of its application,I certify under penalty of per)ury to the Office of Justice Programs('OJP"),U,S.Department of Justice('USDOJ"),that all of the following are true and correct: 1. 1 am the chief legal officer of the unit of local government of which the applicant entity named below is a part('the jurisdiction'),and I have the authority to make this certification on behalf of the jurisdiction and the applicant entity(that is,the entity applying directly to OJP) I understand that OJP will rely upon this certification as a material representation In any decision to make an award to the applicant entity, 2. 1 have carefully reviewed each of the following sections of tide 8,United States Code, a. §1226(a)&(c)(authorizing arrest and detention of certain aliens and providing that the federal government"shall take Into custody' certain criminal aliens'when the alien Is released'); b. §1231(a)(4)(federal government may not"remove an alien who Is sentenced to imprisonment until the alien is released from imprisonment'); c. §1324(a)(forbidding any*person.'in"knowing or In reckless disregard of the fad that an alien has come to,entered,or remains in the United States in violation of law,'to"conceals],harbor(],or shieldp from detection,or attempto to conceal.harbor,or shield from detection,such alien in any place,including any building or any means of transportation"or to"engage in any conspiracy to commit any of the preceding acts... or afdp or abeq]the commission at any of the preceding acts'); d. §1357(a)(authorizing immigration officers,'anywhere in or outside the United States`(see 8 C F.R,§287,5(8)),to"Interrogate any alien or person believed to be an alien as to his right to be or to remain In the United States');and e. §1366(1)&(3)(requiring the Attorney General annually to submit to Congress'a report detailing . „ (1)the number of illegal aliens Incarcerated in Federal and State prisons for having committed felonles,stating the number incarcerated for each type of offense; (and](3)programs and plans underway In the Department of Justice to ensure the prompt removal from the United Stales of criminal aliens subject to removal'). 3. 1(and also the applicant entity)understand that USDOJ will require States and local governments(including State and local government entities,-agencies,and-officials),with respect to any'program or activity"funded in whole or in part wilh the federal financial assistance provided through the FY 2018 OJP program under which this certification Is being submitted(the"FY 2016 OJP Program" idenbW below),specifically Including any such'program or activity"of a govemmenial entity or-agency that is a subreclplent(at any tier) of funds under the FY 2018 OJP Program,not to violate,or to aid or abet any violation of,8 U.S.C.§1324(a),and not to impede the exercise by federal officers of authority under 8 U S.0 §1357(a)or relating to 8 U.S.C.§1366(1)&(3)or 8 U„S.C. §1228(a)&(c). 4, 1(and also the applicant entity)understand that,for purposes of this cart location,"program or actmty"means what it means under title A of the Civil Rights Act of 1954(see 42 U.S.C.§2000d4a),and that terms used in this certification that are defined In 8 U.S C §1101 mean what they mean under that section 1101,except that the term'State'also shall include American Samoa(d, 34 U.S,C. §10251(ax2)). Also,I understand that,for purposes of this certification,neither a"public'institution of higher education(F a.one that is owned,controlled,„or directly funded by a State or local government)nor an Indian tribe is considered a Stale or local government entity or -agency. S. I have conducted(or caused to be conducted for me)a diligent inquiry and review concerning both— a, the"program or eclMty'to be funded(in whale or in part)with the federal financial assistance sought by the applicant entity under this FY 2018 OJP Program;,and b. any laws,rules,policies,or practices potentially applicable to the"program or activity sought to be funded under the FY 2015 OJP Program that implicate any of the requirements relating to 8 U.S.C.§§1228(a)&(c)„1324(a),1357(a).&1366(1)&(3)that are described in 13 of this certification,whether imposed by a State or local government entity,-agency,or-official. s. As of the date at this certfcation,neither the jurisdiction nor any entity,agency,or official of the jurisdiction has In effect,purports to have in effect,or Is subject to or bound by.any low„rule,policy.or practice that would apply to the"program or activlty"to be funded in whole or in part under the FY 2016 OJP Program(which,for the specific purpose of this paragraph 6,shall not be understood to include any such'program or activity'of any subrecipienl at any tier),and that would or does—(1)violate,or aid or abet any violation of.8 U.S,C. §1324(a):(2)Impede the exercise by federal officers of authority under 8 U.S.C.§1357(a); (3)impede the exercise by federal officers of authority relating to 8 U.S.C.§1368(1)&(3);or(4)Impede the exercise by federal officers of authority relating to 8 U.S.C,§1228(a)&(c). I acknowledge that a materially false.fictitious,or fraudulent statement(or concealment or omission of a material fact)In this certification,or in the application that it supports,may be the subject of criminal prosecution(including under 18 U S C, §§1001 and/or 1021,and/or 34 U.S C, §§1027 -10273).and also may subf erne I the applicant entity to civil penalties and administrative remedies for false"ms or otherwise (incl under 31 U.S.C.§§3729, 30 and 3801-3812)d 1 also acknowledge that OJP awards,including associated certifications,are s r low ,Includin py O and the USDOJ O f the Inspector General. Signature of C of s sdiction Printed Name of Chief Legal Officer Title of Chief Legal Officer i ,. Date of Certifjcatio � eg of the Jurisdiction i m I Name of Applicant Government Entity(Ie.,the applicant to the FY 2018 OJP Program identified below FY 2018 OJP Program: Byrne Justice Assistance Grant(JAG) Program: Local U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Local ® FY 2018 CertificationIt On behalf of the applicant government entity named below~and in support of its application,f certify under penalty of perjury to the Office of Justice Programs("OJP'), U S Department of Justice('USDOJ'),that all of the following are true and correct: (1) 1 am the chief legal officer of the Slate or local government of which the applicant entity named below Is a part("the jurisdiction'),and I have the authority to make this certification on behalf of the jurisdiction and the applicant entity(that Is,the entity,applying directly to OJP). I understand that OJP will rely upon this certification as a material representation in any decision to make an award to the applicantenlity. (2) 1 have carefully reviewed 8 U.S.C. §§1373(a)8(b),and 1644,Including the prohibitions on certain actions by State and local government entitles,-agencies,and-officials regarding informaton on citizenship and immigration status.I also have reviewed the provisions set out at(or referenced In)8 U.S.C.§1551 note('Abolition... and Transfer of Functions'),pursuant to which references to the'Immigration and Naturalization Service in 8 U,S,C. §§1373&1644 are to be read,as a legal matter,as references to particular components of the U.S. Department of Homeland Security. (3) 1(and also the applicant entity)understand that the U.S.Department of Justice will require States and local governments(and agencies or other entities thereof)to comply with 8 U.S.C.§§1373 fi 1644,with respect to any 'program or activity'funded in whole or In part with the federal financial assistance provided through the IY 2018 OJP program under which this certification is being submitted(the"FY 2018 OJP Program'identified below),specifically Including any such'program or activity'of a governmental entity or-agency that is a subreciplent(al any tier)of funds under the FY 2010 OJP Program. (4) 1(and also the applicant entity)understand that,for purposes of this certification,'program or activity'means what it means under title VI of the Civil Rights Act of 1 i184(see 42 U.S.C,§2000d-4a),and that terms used in this certification that are defined in 8 U.S.C,§1101 mean what they mean under that section 1101.except that the term"State'also shall include American Samoa(d..34 U.S.C.§10251(a)(2)).Also,t understand that,for purposes of this certification„ neither a'public"institution of higher education(le.,one that is owned,controlled,or directly funded by a State or local govemment)nor an Indian tribe Is considered a State or local government entity or-agency. (5) 1 have conducted(or caused to be conducted for me)a dillgerit inquiry and review concerning both— (a) the"program or activity"to be funded(in whole or in part)with the federal financial assistance sought by the applicant entity under this FY 2018 OJP Program,and (b) any prohibitions or restrictions potentially applicable to the"program or activity"sought to be funded under the FY 2018 OJP Program that deal with sending to,requesting or receiving from, maintaining,or exchanging information of the types described in 8 U S.C.§§1373(a)&(b),and 1644,whether imposed by a State or local government entity,-agency,or-official. (6) As of the date of this certification,neither the jurisdiction nor any entity„agency,or official of the Jurisdiction has In effect,purports to have in effect,or is subject to or bound by,any prohibition or any restriction that would apply to the'program or activity'to be funded in whole or in part under the FY 2018 OJP Program(which.for the specific purpose of this paragraph 5.shall not be understood to Include any such 'program or activity"of any subracipiont at any tier)„and that deals with either--(1)a government entity or -official sending or receiving information regarding citizenship or immigration status as described in 8 U,S.C.§§1373(a) &1644,,or(2)a government entity or-agency sending to,,,requesting or receiving from,,maintaining,or exchanging Information of the types(and with respect to the entities)described In 8 U.S.0 §1373(b). I acknowledge that a materially false,fictitious,or fraudulent statement(or concealment or omission of a material fad)in this certification,or In the application that it supports,,may be the subject of criminal prosecution(including under 18 US C §§ 1001 andfor 1621 andfor 34 U,$Z §10271-10273),and also may subject me and the applicant entity to civil penalties and administrative remedies for false claims or otherwise(including under 31 U-S C, §§3729-3730 and§§3801.3812).I also ackn a that OJP awards, including card ns provided in connection with such awards,are subject to review by U s�ndding by P/t 4 M of a( 9/)6 a by the USDOJ of the Inspector General, � Signature of Chi a Jurisdiction Printed Name of Chief Legal Officer Z/ P® ► Date of Certification Title of Chief Legal Officer of the Jurisdiction CO ��, i00 Name of Applicant Government Entity(f e��the applicant to the FY 2018 OJP Program identified below) FY 2018 OJP Program: Byrne Justice Assistance Grant(JAG) Program: Local BOARD OF C,OUNln'C<7i4iML95tDNJL-% Mayor D.nld It LC.INWILI-I Uounty of Monroe The Fbrida Keys Danny L Kolhage.District I 40 George Nuupeut.Nsuloo:! I leallier Cirtullien.Ifimi icl 3 Robert B.ShIlfinger.County Altorney*lv Office of the County Attorney Pedro J.Mercado.Asti ani Coonly Atuermy 1111 121h Sticat.Suite 41M Cynthia L Hall.Assistant Counly Allumay 8- Key West.FL 33WO Christine Limbert-Harrows.Assistant Counly Allorney 04, 005)393-3470—11%ma Derek V.I hwward.Assist Cuunly Atiornvy4l" Steven T.Will lam%.Assistani Cuunly AntitateyO I Petcr It.Morris.Assistmi County Aiiorney Patridl Eahlts.Avsklani County Allorncy Chris Ambrosio.Assistant County Atiorney Heard Cunific-d in Cisy.County&Uad Gout o.Law MEMORANDUM TO: Roman Gastesi County Administrator FROM: Robert B.Shillinger, County Attorney DATE: August 15,2018 SUBJECT: Absence of County Attorney Please be advised that I will be out or the office Thursday, August 16"'—Wednesday, AuguN,22"d an vacation and Thunsday and Friday, August the 23d and 241h at aserninar. During my absence, A!L-;i.,;tanL County Attorney Pedro Mercado will have authority to act on my bellair including attendance at meefin&q, and execution of all fiscal, payroll and agenda documents. cc: Board of County Commissioners Kevin Wilson,Assistant County Administrator Chrimine Hurley, Amistant County Adminimrator Senior Managers Kevin Maduk,Clerk of the Court Finance ail et Pedro Mercado, Assistant County Attorney