Item C11 C.11
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
May 20, 2020
Agenda Item Number: C.11
Agenda Item Summary #6874
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Janet Gunderson (305) 292-4470
No
AGENDA ITEM WORDING: Approval of an agreement with Florida Keys Outreach Coalition,
Inc. (FKOC) for the "FKOC Supportive Housing Substance Abuse Education & Relapse Prevention"
program, in the amount of $7,963.00; for October 1, 2019 through September 30, 2020 as
recommended by the Substance Abuse Policy Advisory Board (SAPAB) for funding from FDLE,
Federal Fiscal Year 2018, Edward Byrne Memorial Justice Assistance Grant Program.
ITEM BACKGROUND: On April 2, 2019 Monroe County received notice from the Florida
Department of Law Enforcement(FDLE), Office of Criminal Justice Grants (OCJG) had posted
FFY18 JAG Countywide (JAGC) allocations, $72,694.00 for Monroe County, to the public website.
As it was anticipated that FDLE funding was imminent the Substance Abuse Policy Advisory Board
(SAPAB) convened for their annual meeting on May 7, 2019. The SAPAB is charged with the
responsibility of making recommendations to the BOCC for the annual distribution of countywide
FDLE Edward Byrne Memorial Justice Assistance Grant(JAG)Program funding. The SAPAB
reviewed seven (7)proposals for services, heard presentations and received requested clarifications
from the service providers. The SAPAB collectively discussed and determined the programs and
funding allocation to recommend to the BOCC for the Byrne/JAG Program funding for FFY18.
FDLE notified Monroe County of a Certificate of Subaward for the "FKOC Supportive Housing:
Substance Abuse Education & Relapse Prevention"program on March 29,2020 (See Attachment B
to the Agreement). The amount awarded for the program is $7,963.00.
PREVIOUS RELEVANT BOCC ACTION: On May 22, 2019 (Item C.35)the BOCC approved
Resolution 152-2019 whereby the BOCC agreed to serve as the coordinating unit of government in
the distribution of$72,694.00 in federal program funds, authorizing submission of the applications
to FDLE and approval to authorize the Mayor to execute acceptance of the award and related
documents,provided funds become available, and to execute the grant funding distribution letter
with FDLE for FFY 2018 and approved the recommendations of the SAPAB for the distribution of
FFY 2018 Byrne/JAG funds.
CONTRACT/AGREEMENT CHANGES:
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C.11
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FFY18 Contract ByrneFunding_FKOC
BOCC Agenda 2019-0522_Item C.35
Resolution 152-2019
FINANCIAL IMPACT:
Effective Date: 10/01/2019
Expiration Date: 09/30/2020
Total Dollar Value of Contract: $7,963.00
Total Cost to County: $0
Current Year Portion: $7,963.00
Budgeted: No
Source of Funds: FDLE Byrne Memorial Justice Assistance(JAG) Program
CPI: No
Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: Yes
County Match: No
Insurance Required: No
Additional Details: N/A
REVIEWED BY:
Christina Brickell Completed 05/01/2020 10:14 AM
Christine Limbert Completed 05/01/2020 3:31 PM
Purchasing Completed 05/01/2020 3:54 PM
Maria Slavik Completed 05/01/2020 6:58 PM
Kathy Peters Completed 05/04/2020 12:03 PM
Board of County Commissioners Pending 05/20/2020 9:00 AM
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C.11.a
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS
AGREEMENT
THIS AGREEMENT is made and entered into this 201" day of May, 2020, by and between
MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton
Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and Florida Keys Outreach
Coalition, Inc., hereinafter referred to as "AGENCY."
WITNESSETH
WHEREAS, the Florida Department of Law Enforcement has awarded a sub-grant of Edward
Byrne Memorial Justice Assistance to the COUNTY to implement the Florida Keys Outreach
Coalition's, FKOC Supportive Housing; Substance Abuse Education & Relapse Prevention program;
and
WHEREAS, the COUNTY is in need of an implementing agency to provide said services under
this Program; and
WHEREAS, the AGENCY is the sole provider of this program; and
WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial Justice
Assistance Grant funds to the AGENCY in accordance with the COUNTY'S application for the Edward
Byrne Memorial Assistance Grant.
NOW THEREFORE, in consideration of the mutual understandings and agreements set forth
herein, the COUNTY and the AGENCY agree as follows:
1. TERM - The term of this Agreement is from October 1, 2019 through September 30,
2020, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein. ca
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2. SERVICES - The AGENCY will provide services, in compliance with all provisions, as
outlined in the Edward Byrne Memorial Justice Assistance Sub-Grant Award, attached and made a i
part hereof (Attachment B).
3. FUNDS - The total project budget to be expended by the AGENCY in performance of
the services set forth in Section 2 of this agreement shall be the total sum of $7,963. All funds
shall be distributed and expended in accordance with the units of service and unit rate identified in
the Project Budget Narrative as outlined in the grant agreement. ca
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4. INCORPORATION BY REFERENCE - The provisions of those certain documents
entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement
Sub-Grant Award Certificate and Application" and all laws, rules and regulations relating thereto
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are incorporated by reference (Attachment B).
5. BILLING AND PAYMENT
(a) The AGENCY shall comply with the program and expenditure reporting requirements
for Edward Byrne Memorial Justice Assistance Sub-Grant Award funds. The AGENCY shall provide
all documents and information as set forth in Attachment C prior to billing and payment. The
AGENCY shall render to the COUNTY a detailed quarterly performance report not later than 7
days after the end of each quarter. The quarterly performance reports must include a response
to all objectives included in your project, as described in the Performance section in the grant
agreement. A detailed narrative, reflecting on accomplishments, challenges, etc. is required as
part of this quarterly report. The AGENCY shall render to the COUNTY, monthly itemized
invoices, not later than 30 days after the end of each month, properly dated, describing the
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C.11.a
services rendered, the unit cost of the services, and all other information required including
supporting documentation validating delivery of services. The original invoice shall be sent to:
Grants Administrator
1100 Simonton Street, Room 2-213
Key West, FL 33040
(b) Payment shall be made after review and approval by the COUNTY within thirty (30)
days of receipt of the correct and proper invoice submitted by the AGENCY.
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(c) The County shall only make payment subject to the funded amount above, for the N
documented services provided which are reviewed and approved as complying with Monroe County
Code of Ordinances, State laws and regulations and Attachment B — Edward Byrne Memorial Justice
Assistance Sub-Grant Award. Evidence of services rendered by the PROVIDER shall be in the form
of a letter, summarizing the units of services with supporting documentation of service delivery
attached. The letter should contain a notarized certification statement. An example of a payment _
request cover letter is included as Attachment A.
6. TERMINATION - This Agreement may be terminated by either party at any time, with
or without cause, upon not less than thirty (30) days written notice delivered to the other party.
The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the
AGENCY has received notice of termination.
7. ACCESS TO FINANCIAL RECORDS - The AGENCY shall maintain appropriate financial
records which shall be open to the public at reasonable times and under reasonable conditions for
inspection and examination and which comply with the Agreement incorporated in Section 4 of this
Agreement.
S. AUDIT - The AGENCY shall submit to the COUNTY an audit report covering the term
of this Agreement, within one-hundred twenty (120) days following the Agreement's lapse or early
termination and shall also comply with all provisions of the Agreement incorporated in Section 4 of
this Agreement.
9. NOTICES - Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered United States mail, with return receipt requested, and
sent to:
FOR COUNTY: FOR PROVIDER:
Grants Administrator Stephanie M. Kaple
1100 Simonton Street Executive Director
Key West, FL 33040 Florida Keys Outreach Coalition, Inc. (FKOC)
PO Box 4767
Key West, FL 33041
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Either of the parties may change, by written notice as provided above, the addresses or U_
persons for receipt of notices.
10. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida
Department of Law Enforcement cannot be obtained or cannot be continued at a level sufficient to
allow for the services specified herein, this Agreement may then be terminated immediately, at the
option of the COUNTY, by written notice of termination delivered in person or by mail to the
AGENCY at its address specified above. The COUNTY shall not be obligated to pay for any services
provided by the AGENCY after the AGENCY has received notice of termination.
11. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to
this Agreement, the AGENCY shall abide by all statutes, ordinances, rules, and regulations
pertaining to, or regulating the provision of, such services, including those now in effect and
hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida
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C.11.a
and Article 1 of the United States Constitution, which provide that no revenue of the state or any
political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious
denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances,
rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery
of written notice of termination to the AGENCY... If the AGENCY receives notice of material breach,
it will have thirty days in order to cure the material breach of the contract. If, after thirty (30)
days, the breach has not been cured, the contract will automatically be terminated,
12. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall
assign this Agreement or any interest under this Agreement, or subcontract any of its obligations
under this Agreement, without the written consent of the other. �-
13. EMPLOYEE STATUS - The AGENCY is an independent contractor, Persons employed
by the AGENCY in the performance of services and functions pursuant to this Agreement shall have
no claim to pension, worker's compensation, unemployment compensation, civil service or other
employee rights or privileges granted to the COUNTY'S officers and employees either by operation
of law or by the COUNTY,
4. INDEMNIFICATION - The AGENCY covenants and agrees to indemnify and hold E
harmless Monroe County Board of County Commissioners from any and all claims and causes of
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action for medical malpractice, medical negligence, bodily injury (including death), personal injury,
and property damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection with, or by
reason of services provided by the AGENCY occasioned by the negligence, errors, or other wrongful
act or omission of the AGENCY'S employees, agents, or volunteers,
15. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in effect >-
between the parties relating to the subject matter hereof, `a
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(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties, i
IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be
affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County,
Florida, on the day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTEST: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By, By.
Deputy Clerk Mayor/Chairman
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Florida Keys Outreach Coalition, Inc.
(Federal ID No, r ' )
By
Ines X Director
re Win :, a Florida
501c3 not-for-profit corporation
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C.11.a
ATTACHMENT A
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
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Date
The following is a summary of the units of services provided for (Organization name) for the period
of
Number of Units _
Unit Tvoe Provided for Program Unit Cost Amount Due
Service provided XX.XXX $ XX.XX $ XXX.XX
Service provided XX.XXX $ XX.XX $ XXX.XX
(A) Total $ X,XXX.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D C) $ X,XXX.XX
I certify that the above services have been provided to the clients and that the units are accurate
and in agreement with the records of this organization. Furthermore, these units are in compliance
with this organization's contract with the Monroe County Board of County Commissioners and will
not be submitted for payment to any other funding source.
Authorized Signatory
Attachments (supporting documentation)
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TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
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State of
County of
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The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online
notarization, this day of (month), (year), by
(name of officer or agent, title of officer or agent) of (name of
entity).
Personally Known
Produced Identification: Type of ID and Number on ID
(SEAL)
Signature of Notary
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ATTACHMENT B C.11.a
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
CERTIFICATE OF SUBAWARD
Subrecipient: Monroe County Board of Commissioners
Subrecipient DUNS:073876757
Date of Award:03/29/2020 .�
Grant Period: From: 10/01/2019 TO: 09/30/2020
Project Title: SUBSTANCE ABUSE EDUCATION& RELAPSE PREVENTION U
Subgrant Number: 2020-JAGC-MONK-I-Y5-098
Federal Funds: $7,963.00
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Matching Funds: $0.00
Total Project Cost: $7,963.00
CFDA Number: 16.738
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Federal Award Number:2018-MU-BX-0292
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Federal Awarding Agency: U.S. Department of Justice(USDOJ)
Pass-through Entity: Florida Department of Law Enforcement(FDLE)
Research and Development: No
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Indirect Cost: No
A subaward agreement is entered into by and between the Florida Department of Law Enforcement(herein referred to U
as"FDLE"or"Department")and the Monroe County Board of Commissioners(herein referred to as"Subrecipient");
WHEREAS,the Department has the authority pursuant to Florida law and does hereby agree to provide federal
financial assistance to the Subrecipient in accordance with the terms and conditions set forth in the subgrant
agreement,and
WHEREAS,the Department has available funds resulting from a federal Edward R. Byrne Memorial Justice
Assistance Grant award issued under Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended, and
WHEREAS,the Subrecipient and the Department have each affirmed they have read and understood the agreement
in its entirety and the Subrecipient has provided an executed agreement to the Department. c
NOW THEREFORE, in consideration of the foregoing: Co
A subaward is hereby made to the Subrecipient identified above.The subaward is for the amount and time period
specified above.
This award is a cost-reimbursement agreement. Requests for reimbursement must be submitted on either a monthly
or quarterly basis,as designated in the Financial Section of the agreement.The Subrecipient must maintain original
supporting documentation for all funds expended and received under this agreement in sufficient detail for proper pre-
and post-audit and to verify work performed was in accordance with the deliverable(s)and not eligible for payment
under another state or federal funding source. Supporting documentation includes, but is not limited to:timesheets,
activity reports, paystubs,third-party contracts, quotes,procurement documents,equipment inventory records,
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C.11.a
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
CERTIFICATE OF SUBAWARD (continued)
purchase orders,original receipts,invoices,canceled checks or EFT records,or bank statements,as applicable.
Payment shall be contingent upon the Department's grant manager receiving and accepting the invoice and requested
supporting documentation.
The Subrecipient must provide Performance Reports on either a monthly or quarterly basis, as designated in the
Performance Section of the agreement,to the Department attesting to the progress toward deliverables and to
validate the required minimum acceptable level of service performed. Performance Reports are due no later than 15 �-
days after the end of each reporting period.
This award is subject to all applicable rules, regulations,and conditions as contained in the Office of Justice Programs
(OJP) Financial Guide,and/or the Office of Management and Budget(OMB) Uniform Grant Requirements(2 C.F.R.
Part 200), in their entirety. It is also subject to the standard and special conditions attached and such further rules,
regulations and policies as may be reasonably prescribed by the State or Federal Government.
Failure to comply with provisions of this agreement,or failure to meet minimum performance specified in the
agreement will result in required corrective action up to and including project costs being disallowed,withholding of E
federal funds and/or terminaagn of the project,as specified within the terms of the agreement and OMB Uniform
GuiftaCe 200.338-200.3 2.
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Authorized Of al '" Date 0
Rona Kay Cradit
Bureau Chief
This award is subject to the special conditions(if any)prescribed below.
Ref#S41926: The inventory system for the Monroe County Board of Commissioners does not appear to comply with >-
all federal requirements identified in the Office of Management and Budget(OMB) Uniform Requirements,2 C.F.R. W
200.310-316.All subaward equipment tracking and documentation must comply with the standards identified in U
OMB?s Uniform Requirements and documentation must be maintained and provided to the Office of Criminal Justice
Grants at monitoring.
Ref#S41928: WITHHOLDING OF FUNDS:Subawards under this agreement must comply with the Office of
Management and Budget(OMB), Uniform Requirements,2 C.F.R.200.331. Prior to the execution of the tiered
subaward and drawdown of funds for contractual services,the Marion County Board of Commissioners must submit a
draft of the contractual agreement between the Marion County Board of Commissioners and Florida Keys Outreach -
Coalition to the Office of Criminal Justice Grants.
Ref#S41929: WITHHOLDING OF FUNDS:All pass-through entities must comply with the requirements outlined in
the Office of Management and Budget(OMB), Uniform Requirements,2 C.F.R.200.331. Prior to the drawdown of
funds for contractual services for a tiered subrecipient,the Monroe County Board of Commissioners must submit a
copy of the risk assessment and monitoring tool used for subrecipient management to the Office of Criminal Justice
Grants.
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C.11.a
Edward Byrne Memorial Justice Assistance Grant(JAG) Program
ACCEPTANCE OF FEDERAL FUNDING ASSISTANCE
Subrecipient: Monroe County Board of Commissioners
Subgrant Number:2020-JAGC-MONR-I-Y5-098
Project Title: SUBSTANCE ABUSE EDUCATION&RELAPSE PREVENTION
Pass-through Entity: Florida Department of Law Enforcement
This award is subject to all applicable rules, regulations,and conditions,as contained in the Department of Justice
Grants Financial Guide,and the Office of Management and Budget Uniform Grant Requirements(2 C.F.R. Part 200).
This award is also subject to the incorporated standard and special conditions, and such further rules, regulations,and
policies as may be reasonably prescribed by the State or Federal Government.
In witness whereof,the parties affirm they each have read and understand the conditions set forth in this agreement,
have read and understand the agreement in its entirety,and accept this agreement through the signature of their duly
authorized officers on the date, month,and year set out below.
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Monroe County Board of Commissioners
Authorizing qficial (Commission Chairperson, Mayor,or Designated Representative)
Signatu Datt
f-fe.ther Carruicr s,Mayor �-
Printed Name and Title
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Monroe County Board of Commissioners
Authorizing Offi lat(Official,Administrator,or Designated Representative)
Signature
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e Print "Name and Title
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Florida Department of Law Enforcement
Offic 'dfriminal Justi,co,Grants
4 ',°;f { 7 lAf 3 y r •fir ," � ..f." E
Signature Date
Rona Kay Cradit, Bureau Chief
Printed Name and Title
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Subgrant Recipient
Organization Name: Monroe County Board of Commissioners
County: Monroe
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Chief Official
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Name: Heather Carruthers U.
Title: Mayor
Address: 530 Whitehead Street U.
City: Key West
State: FL Zip: 33040-6547
Phone: 305-292-3430 Ext:
Fax: 305-292-3577 2
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Email: carruthers-heather@monroecounty-fl.gov
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Chief Financial Officer ;
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Name: Kevin Madok CL
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Title: Clerk of Court
Address: Post Office Box 1980
City: Key West
State: FL Zip: 33041-1980
Phone: 305-295-3130 Ext:
Fax:
Email: kmadok@monroe-clerk.com
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Application Ref#2019-JAGC-3427 Section#1 Page 1 of 3
Contract# 2020-JAGC-MONR-1-Y5-098
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Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.324
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Implementing Agency
Organization Name: Monroe County Board of Commissioners
County: Monroe
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Chief Official
Name: Heather Carruthers u.
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Title: Mayor U
Address: 530 Whitehead Street U.
City: Key West
State: FL Zip: 33040-6547
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Phone: 305-292-3430 Ext:
Fax: 305-292-3577
Email: carruthers-heather@monroecounty-fl.gov
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Project Director g
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Name: Janet Gunderson CL
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Title: Senior Grants and Finance Analyst
Address: 1100 Simonton Street
Room 2-213 UJI
City: Key West
State: FL Zip: 33040-3110 _
Phone: 305-292-4470 Ext:
Fax: 305-292-4515
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Email: Gunderson-Janet@monroecounty-fl.gov
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Application Ref#2019-JAGC-3427 Section#1 Page 2 of 3
Contract# 2020-JAGC-MONR-1-Y5-098
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Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.325
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section Questions:
Question: Does your jurisdiction have any laws, policies, or practices related to whether, when,
or how employees may communicate with the Department of Homeland Security
(DHS) or Immigration and Customs Enforcement (ICE)?
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Answer: No
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Question: Is our jurisdiction subject to an laws from a superior political entity e. a state law U.
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that binds a city)that meet the description in question 1?
Answer: Yes U.
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Question: If yes to either#1 or#2, describe each practice AND provide a copy of each law or
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policy to criminaljustice@fdle.state.fl.us.
Answer: Chapter 908 F.S. E
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Application Ref#2019-JAGC-3427 Section#1 Page 3 of 3
Contract# 2020-JAGC-MONR-1-Y5-098
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Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.326
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Project Information
Project Title: SUBSTANCE ABUSE EDUCATION & RELAPSE PREVENTION
Subgrant Recipient: Monroe County Board of Commissioners
Implementing Agency: Monroe County Board of Commissioners
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Project Start Date: 10/1/2019 End Date: 9/30/2020
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Problem Identification U
1. Abstinence and relapse prevention is the most important part of substance abuse recovery and U.
the most successful relapse prevention program is one that can be reliably sustained over a long
period of time. Frequent urine testing has been shown to increase the probability of remaining
abstinent from alcohol and illegal drugs.
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Alcohol and substance abuse prevention and education programs are essential components in 2
helping individuals heal and attain lives of sobriety, independence and self-sufficiency as
contributing members of our community. For families where substance abuse and dependency
has impacted the household, the impacts can affect not just the individual using alcohol/drugs but
the other family members including children. 2
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2. As reported in the Community Health Improvement Plan 2018 to 2020 by The Florida
Department of Health in Monroe County, Alcohol Abuse in Monroe County has a $60,525,000
annual economic impact with $6,052,500 in Criminal Justice Expenses. Monroe County ranks in
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the 10% percent for (i.e. worst) heavy/binge drinking. Sadly, this trend is now being seen in high
school students with 51.6% drinking within the last 30 days. �-
Between the period of 07/01/17 to the date of 06/30/18 Florida Keys Outreach Coalition (FKOC)
has provided housing and supportive services to three hundred and six (306) adults. 78% of those
individuals equating to two hundred and thirty-eight (238) individuals served have a documented U.
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history with the criminal justice system including repeat offenders, chronically homeless, alcohol E
and/or substance abusers, and individuals living with serious mental illness requiring continuous
mental health care, observation, and medication management. U.
While some programs address the symptoms of the problem, FKOC supportive housing programs
strive to change the core issues creating the problem. FKOC's supportive living programs offer a
safe, sober living environment for those recovering from homelessness. FKOC multi-layered E
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program offers education, builds the skills to avoid relapse, and onsite testing to hold individuals o
accountable. U
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Many exiting the criminal justice system find themselves struggling to find affordable housing that U.
is supportive of their recovery from substance use. As the affordable housing crisis in the Florida
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Keys continue to increase, FKOC offers individuals and families with little resources the a)
opportunity to rebuild their lives while creating a foundation for continued stability, increased
income, and decreasing their likelihood of reoffending.
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3. Addiction and relapse very often precipitates offender recidivism. The greatest potential to
reduce re-incarceration and drug relapse among offenders is a continuum
Application Ref#2019-JAGC-3427 Section#2 Page 1 of 6
Contract# 2020-JAGC-MONR-1-Y5-098
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Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.327
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
of treatment and individualized care; one that incorporates the need for complimentary services
such as supportive housing, intensive case management, peer-to-peer support groups, life skills
education and education to minimize the risk of relapse.
Reporting for fiscal year 07/01/17 through 06/30/18 FKOC has admitted two hundred and thirty-
eight (238) adults with a criminal background history into one of our seven residential facilities.
FKOC accepts applications and referrals from Monroe Co. Social Services, nonprofit
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organizations, law enforcement agencies, Monroe Co. Detention Center, courts, faith U.
communities, hospitals and clinics, street outreach workers, Monroe Co. Schools, Chambers of U
Commerce, daycare facilities, mental health care providers, Key West Housing Authority,
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Switchboard 211, The United Way of the Florida Keys, food pantries, and social media. Further,
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individuals are able to self-refer by contacting any FKOC office. FKOC remains active on social
media to share available services.
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Under the last fiscal year, FKOC has administered 10,472 drug tests.
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During 2018 78% of FKOC clients exited our Transitional Shelter program clean and sober with
housing stability and 52% with increased income.
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One hundred percent (100%) of clients served by the Edward Byrne Memorial Justice Assistance CL
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Grant Program will receive individualized case management and additional service including life
skills education; life enrichment programs; health education/screenings; support with crisis
intervention, transportation assistance, advocacy and links to community and mainstream
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resources.
The County utilizes funds as efficiently as possible but, due to budget constraints we need JAG
funding to help support these programs. c�
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Project Summary (Scope of Work)
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The project will provide drug and alcohol abuse prevention and education services to clients to
reduce recidivism and increase personal and housing stability. All clients served under the
Edward Byrne Memorial Justice Assistance Grant Program will have a documented history with
the criminal justice system. 2
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Clients are tested on-site frequently and randomly for drug and alcohol use. U
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FKOC's experience has been that requiring ex-offenders with a history of substance abuse to U.
seek treatment and participate in relapse prevention activities is not so much that coercion may U.
improve the individual's chance of continued sobriety and reduce the likelihood of reoffending, but
that relapse prevention programs do indeed improve coercions' dismal record, particularly the risk
of incarceration, in reducing criminal behavior. U
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Drug tests detect the use of alcohol, cocaine, THC, Amphetamines, benzodiazepine, opiates and
oxycodone. FKOC will purchase testing supplies and administer a minimum of 7,100 alcohol/drug
tests between 10/01/2019 and 09/30/2020.
FKOC's Byrne/JAG grant funded supportive services will be limited strictly to:
Application Ref#2019-JAGC-3427 Section#2 Page 2 of 6
Contract# 2020-JAGC-MONR-1-Y5-098
12
Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.328 '
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
1. Alcohol and drug screening at an estimated cost of$1.25 per test.
2. None of these grant funds will be used to pay for staffing costs.
FKOC will provide copies of invoices to show purchasing and monthly spreadsheets to show drug
and alcohol testing statistics. Additionally, upon request FKOC will be able to provide individual
drug and alcohol testing sheets and service records from our HMIS system with names of
participants redacted. Please note, due to the large number of individuals served to provide this
as a regular documentation would create a substantial amount of paperwork to be reviewed by
U.
Monroe County grant management staff. U.
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FKOC staff and trained volunteers will administer onsite drug testing. Five (5) paid staff members
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and ten (10)volunteers will assist with testing. The tests do not require a level of certification.
FKOC provides regular, ongoing staff and volunteer training to ensure FKOC's policies and
procedures are being executed fully and completely.
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Monroe County will enter into an agreement with Florida Keys Outreach Coalition (FKOC), a 2
501 c3 not-for-profit corporation.
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Monroe County will use grant funds to contract with FKOC to provide drug/alcohol screenings to @
participants. Deliverables will be completed in accordance with the contractual agreements
between the subrecipient and their local vendor/providers (at any tier). 0-
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Documentation of deliverables performed by the subrecipient and their local contractors/providers
must be maintained by the subrecipient and made available for monitoring. Example
UJI
documentation includes, but is not limited to, procurement records (including quotes, competitive
solicitation/bids, etc.), purchase orders, packing slips, delivery/receivable documents, invoices, >-
proof of payment, etc. Documentation for services include, but are not limited to, client activity
logs, participant sign-in sheets, timesheets, and/or billing documentation. c�
Documentation and minimum performance required for drawdown of funds includes the U.
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completion of at least one activity described in the scope of work above as attested to on the
financial expenditure/claim report.
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All activities discussed in the scope of work or project deliverables are for the local government
and implementing agency identified on this award unless noted otherwise. No other local, state, or
federal funds will be leveraged for the cost elements identified in this agreement.
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Final note: In the last year, two homelessness programs have reduced the number of emergency o
shelter beds they offer. FKOC recognizes that there is a great need for emergency and U
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transitional shelter beds in Monroe County and found our agency turning away numerous
individuals and families. To help combat the need for more shelter beds and reduce the number of U.
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individuals and families staying on the street, sleeping in cars, or camping on the beaches and
mangroves, FKOC added beds to our Neece Center and our Men's Transitional housing program. a)
Further FKOC added six (6) additional beds through our new Peacock Rapid Re-housing program
which focuses on getting residents into Permanent Supportive Housing within six (6) months
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Application Ref#2019-JAGC-3427 Section#2 Page 3 of 6
Contract# 2020-JAGC-MONR-1-Y5-098
13
Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.329
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
of admission.
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Application Ref#2019-JAGC-3427 Section#2 Page 4 of 6
Contract# 2020-JAGC-MONR-1-Y5-098
14
Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.330
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section Questions:
Question: What percentage of the total cost of this project is being funded by sources other than
this award?
Answer: 62
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Question: What is the name of the jurisdiction(s)your agency provides service to. (e.g., City of
Miami, Orange County, State of Florida) U.
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Answer: Monroe County
Question: What is the address of the location being used to provide services for this project? U.
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Answer: 2221 Patterson Avenue
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1615, 1616, 1618, 1620 Truesdale Court
1622,1623,1624 Spalding Court E
All addresses in Key West, FL 33040.
Question: Describe your agency. non-profit, community based, government) �
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Answer: Local Government
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Question: Have you verified that the subgrantee has an active and current registration in
SAM.gov?
Answer: Yes UJI
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Question: What is the Operating Capital Outlay threshold used by the subgrantee? >-
If the implementing agency is a sheriff's office, indicate the sheriff's office's threshold
instead.
Answer: N/A
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Question: Does the subgrantee receive a single grant in the amount of$750,000 or more from
the U.S. Department of Justice?
Answer: No U.
Question: Does the implementing agency receive a single grant in the amount of$750,000 or
more from the U.S. Department of Justice?
Answer: No E
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Question: In your organization's preceding completed fiscal year, did your organization (the U
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subgrantee) receive at least (a) 80 percent or (b) $25,000,000 of your annual gross
revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or U.
cooperative agreements? U.
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Answer: No
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Question: If you answered yes above, does the public have access to information about the U
compensation of the executives in your organization (the subgrantee)through
periodic reports filed under section 13(a) or 15(d)of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of
1986? If answer to Part 1, above, was "no," answer N/A.
Answer: No
Application Ref#2019-JAGC-3427 Section#2 Page 5 of 6
Contract# 2020-JAGC-MONR-1-Y5-098
15
Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.331
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Question: What is the combined population of the jurisdiction(s)your agency provides services
to (according to the 2010 census)?
Answer: 73090
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Application Ref#2019-JAGC-3427 Section#2 Page 6 of 6
Contract# 2020-JAGC-MONR-1-Y5-098
16
Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.332
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Performance Info:
Performance Reporting Frequency: Quarterly
Prime Purpose Area: 09 - Reentry Services
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State Purpose Area: 1 G - General Questions
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Objectives and Measures
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Objective: General Questions- General Questions for All Recipients
Measure: General01
Will your organization be using the crimesolutions.gov website during the grant E
period regardless of JAG funding? Crimesolutions.gov provides information on
several crime reduction and prevention programs and practices.
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Goal: No
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Measure: General02 CL
Will your organization be using the The National Training and Technical Assistance
Center (NTTAC) during the grant period, regardless of JAG funding? The NTTAC
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serves as BJA's training and technical assistance center. You can find resources,
tools, webinars, and TTA support on a variety of criminal justice issues and >-
initiatives.
Goal: No c�
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Measure: General03
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Will your organization be using the NCJP.org website during the grant period, ®a
regardless of JAG funding? NCJP.org contains resources to support strategic
planning, program development, and implementation of evidence-based policy and
practice.
Goal: No
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Measure: General04 0
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Will your organization be using the Evidence-Based Policing Matrix during the grant co
period regardless of JAG funding? The Evidence-Based Policing Matrix provides
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information on evidence-based practices for law enforcement. U.
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Goal: No
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Measure: General05
Will your organization be using the What Works in Reentry Clearinghouse during the
grant period regardless of JAG funding? The clearinghouse provides research on the
effectiveness of reentry programs and practices.
Goal: No
Measure: General06
Application Ref#2019-JAGC-3427 Section#3 Page 1 of 4
Contract# 2020-JAGC-MONR-1-Y5-098
17
Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.333
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Will your organization be using Research to Practice during the grant period
regardless of JAG funding? Research to Practice promotes the dissemination of
research on drug courts to practitioners and policymakers.
Goal: No
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Measure: General07 U.
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Will your organization be using any other resources during the grant period U
regardless of JAG funding? If yes, please describe them.
Goal: No U.
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Measure: General08
During the grant period, will your agency conduct or sponsor (with or without JAG E
funds) a survey or focus group of citizens on any of the following topics? Enter all
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that apply from the following list: Public satisfaction with police services; public
satisfaction with prosecution services; public satisfaction with public o
defender/indigent defense services; public satisfaction with courts; public perceptions g
of crime/disorder problems; personal crime experiences of citizens; none of the
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above; unsure/don't know. CL
Goal: No
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Measure: General09
During the grant period, which of the following community activities will your
organization be involved in, with or without JAG funds and how often will they each
occur (yearly, monthly, etc.)? Choose from the following list: Hosting community
meetings; attending community meetings; distributing a newsletter, e-mail, or other U.
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bulletin; attending community events; conducting social media activities; conducting
outreach to minority populations; other (please describe)
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Goal: Outreach through Long Term Recovery Group, Continuum-of-Care (CoC), and Upper E
Keys Community Resource Council community groups and attends city and county
commission meetings. FKOC does outreach through our Prevention Program that U
offer services to prevent homelessness and information and referrals, and also runs
the Loaves & Fish Food Pantry. FKOC maintains a website and facebook page. o
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Measure: General10 U.
Law Enforcement Agencies ONLY: In which of the following ways has your agency
fostered community involvement in the last year? Enter all that apply from the E
following list: Citizen Review Board or other review board with citizen representation, U
Citizen's Police Academy, Internships for university or high school students,
Volunteer Program, Auxiliary police officer program, Police Cadet Program, k-12
school programs, Youth Athletic Programs, Other (please Describe), None of the
above, Unsure/Don't know.
Application Ref#2019-JAGC-3427 Section#3 Page 2 of 4
Contract# 2020-JAGC-MONR-1-Y5-098
18
Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.334
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Goal: N/A
Measure: General11
Identify the goal(s) you hope to achieve with your funding. If you have multiple goals,
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describe each goal separately.
Goal: Provide a drug and alcohol abuse prevention and education program to FKOC adult
residential program clients with a criminal background to reduce recidivism and U.
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increase the personal and housing stability. U
Measure: General12 U.
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Are the subrecipient and implementing agency aware that they will be required to
report on the status of the identified goals during each reporting period?
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Goal: Yes 2
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Measure: General13 0
Describe any barriers you may encounter which may prevent you from achieving >
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your identified goal(s). CL
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Goal: FKOC does not believe they would be unable to meet this goal unless, for
unforeseen reasons such as a natural disaster causing damage to an FKOC facility
or access to the Florida Keys were to occur. FKOC based our goals on our data
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gathered from previous years of service.
FKOC does work to reduce barriers to service for clients and has adjusted program _
rules to do so.
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Measure: General14
Are you aware that the Office of Criminal Justice Grants encourages recipients to
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report on any noteworthy accomplishments, success stories, or program results that U.
they would like to showcase? E
Goal: Yes
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Measure: General 11 b
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What major activities are planned for each of your goals listed in question 11? U
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Goal: A minimum of 175 participants will receive onsite, regular, drug and alcohol testing U.
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under this funding.
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FKOC ex-offenders receive comprehensive services that help them overcomes a
multitude of challenges that potentially could lead to individuals re-offending.
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State Purpose Area: 5C - Consultants/Contracts
Application Ref#2019-JAGC-3427 Section#3 Page 3 of 4
Contract# 2020-JAGC-MONR-1-Y5-098
19
Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.335
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Objectives and Measures
Objective: Consultants/Contracts- Questions for all recipients using consultants/contracts.
Measure: Consultants'
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Please describe what consultants/contracts will be paid for with JAG funds during theU.
grant period. Include names, titles and areas of expertise where applicable. U.
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Goal: Monroe County will enter into an agreement with Florida Keys Outreach Coalition U.
(FKOC), a 501 c3 not-for-profit corporation. The project will provide drug and alcohol
abuse prevention and education services to clients to reduce recidivism and increase
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personal and housing stability. All clients served under the Byrne/JAG program will
have a documented history with the criminal justice system. E
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Application Ref#2019-JAGC-3427 Section#3 Page 4 of 4
Contract# 2020-JAGC-MONR-1-Y5-098
20
Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.336
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Financial Info:
Note: All financial remittances will be sent O the Chief Financial Officer
of the Subgrantee Organization.
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Financial Reporting Frequency for this Subgrant: Quarterly
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Is the agency?:sub grantee a state a No
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FLAIR/Vendor Number: 596000749
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Budget:
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Budget Category Prime Match Total
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Salaries and Benefits $0.00 $0.00 $0.00
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Contractual Services $7,963.00 $0.00 $7,963.00
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Expenses $0.00 $0.00 $0.00
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Operating Capital $0.00 $0.00 $0.00
Outlay
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Indirect Costs $0.00 $0.00 $0.00
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--Totals -- $7,963.00 $0.00 $7,963.00
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Percentage 100.0 0.0 100.0
Project Generated Income:
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Will the project earn project generated income (PGI)? No
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Application Ref#2019-JAGC-3427 Section#4 Page 1 of 3
Contract# 2020-JAGC-MONR-1-Y5-098
21
Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.337
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Budget Narrative:
Contractual Services:
1. The total budget allowance for drug screening is $21,000. Any amount not funded under this
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grant will be sought by occupancy fees and the Monroe County Sheriffs Shared Asset Forfeiture
Fund.
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2. Individual test screens range from $0.75 to $3.40 depending upon the substance type. U
Calculated average cost per unit$1.25.
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JAG funded $1.25 x 6370 tests =Appr. $7,963
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FKOC regularly reviews and researches drug and alcohol testing options and supplies to ensure
we are using quality materials that are available for a fair and affordable value.
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FKOC is grateful to see the return of this funding opportunity. FKOC has experienced reduction in
the available funding opportunities to support these essential services. FKOC greatly appreciates
the continued support of the FDLE Byrne JAG and Clerk's Drug Abuse Trust Fund to help us o
address these critical issues in our community. We believe that Alcohol & Drug testing is a critical
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part of helping our clients maintain their recovery and continue to build a life of self-sufficiency that CL
reduces alcohol and drug abuse as well as recidivism. As stated in this funding request, the costs
of drug and alcohol abuse are significant in our community. It is far more economical and fiscally
responsible to provide services that prevent the abuse as oppose to only responding to costs of its UJI
impacts.
Thank you for your time and dedication towards serving our community.
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Application Ref#2019-JAGC-3427 Section#4 Page 2 of 3
Contract# 2020-JAGC-MONR-1-Y5-098
22
Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.338 '
Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Section Questions:
Question: If the budget contains salaries and benefits, will this project result in a net personnel
increase, or continue to fund a prior federally grant funded net personnel increase?
Answer: No
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Question: If Expenses or Operating Capital Outlay are included in your budget, what will be the U.
method of procurement for those items? (e.g., competitive bid, sole source, state term U.
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contract)
Answer: N/A U.
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Question: If indirect cost is included, explain the indirect cost plan. Provide documentation of
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approval.
Answer: N/A E
Question: If contractual services in the budget are based on unit costs, provide a definition and
breakdown of cost for each service. Include the methodology for the unit cost plan
and when it was approved. g
Answer: Individual test screens range from $0.75 to $3.40 depending upon the substance
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type. CL
Calculated average cost per unit$1.25.
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Application Ref#2019-JAGC-3427 Section#4 Page 3 of 3
Contract# 2020-JAGC-MONR-1-Y5-098
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Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg.339
C.11.a
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
SUBAWARD STANDARD CONDITIONS
The State of Florida, Department of Law Enforcement (FDLE) is a recipient of federal JAG funds. FDLE, as the non-
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federal pass-through entity and State Administering Agency (SAA)for this program, subawards JAG funds to eligible T_
CD
units of government. All subawards made by FDLE to units of government under this program require compliance C44
with the agreement and Standard Conditions upon signed acceptance of the subaward.
Upon approval of the application, or subaward, the following terms and conditions will become binding. As a unit of
government, the subrecipient will maintain required state and federal registrations and certifications for eligibility
under this program. For JAG-Countywide subawards, the designated County Coordinator for local units of
government will submit documentation in accordance with Florida Administrative Code 11 D-9 supporting the strategic _
planning for allocation of these funds. The subrecipient agrees to submit required programmatic and financial reports
supporting eligible activities were completed in accordance with the grant and program requirements.
The Department will only reimburse subrecipients for authorized activities. The Department will not reimburse for
costs incurred for any purpose other than those specified in the agreement. Failure to comply with provisions of this
agreement, or failure to perform grant activities as specified in the agreement, will result in required corrective action
up to and including financial consequences. A financial consequence may be imposed for non-compliance in
accordance with 2 C.F.R. § 200 and these Standard Conditions, including but not limited to project costs being
disallowed,withholding of federal funds and/or termination of the project. >
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GENERAL REQUIREMENTS
All subrecipients must comply with the financial and administrative requirements set forth in the following:
Current edition of the U.S. Department of Justice(DOJ)Grants Financial Guide
https://oip.gov/financiaiguide/doi/pdfs/DOJ FinancialGuide.pdf
Office of Management and Budget(OMB) Uniform Grant Guidance(2 CFR Part 200) �--
Subpart A, Definitions CJ
Subparts B-D,Administrative Requirements
Subpart E, Cost Principles
Subpart F,Audit Requirements and all applicable Appendices
Code of Federal Regulations: w.gpo.aov/fdsys/
2 C.F.R.§175.15(b),Award Term for Trafficking in Persons
28 C.F.R.§38, Equal Treatment for Faith-Based Organizations
28 C.F.R.§66, U.S. Department of Justice Common Rule for State and Local Governments
28 C.F.R.§83, Government-Wide Requirements for Drug-Free Workplace
28 C.F.R.§§ 18,22,23,30, 35,42, 61,and 63
State of Florida General Records Schedule GS1-SL for State and Local Government Agencies:
http://dos. yflorida.com/media/6 3 74/general-records-schedulegs01-sl.pdf and
http://dos.myflorida.com/media/698314/gs2-si-2017-final.[?df
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State of Florida Statutes u_
Section 215.971, F.S.,Agreements funded with federal or state assistance
Section 215.985, F.S.,Transparency in government spending
FY17/SFY2018 JAG Standard Conditions Page 1 of 16
Rev. 09/2018
24
Packet Pg.340
C.11.a
DEFINITIONS at 48 CFR Subpart 2.1 (Definitions). It is $3,500
except as otherwise discussed in Subpart 2.1 of that
Disallowed costs means those charges to a Federal regulation, but this threshold is periodically adjusted
award that the Federal awarding agency or pass- for inflation.
through entity determines to be unallowable, in
accordance with the applicable Federal statutes, Modified Total Direct Cost (MTDC) means all direct
regulations, or the terms and conditions of the Federal salaries and wages, applicable fringe benefits,
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award. materials and supplies, services, travel, and up to the T.
first $25,000 of each subaward (regardless of the CD
Equipment means tangible personal property period of performance of the subawards under the >-
(including information technology systems) having a award). MTDC excludes equipment, capital
useful life of more than one year and a per-unit expenditures, charges for patient care, rental costs, U
acquisition cost which equals or exceeds the lesser of tuition remission, scholarships and fellowships,
the capitalization level established by the non-Federal participant support costs and the portion of each
entity for financial statement purposes, or$5,000. See subaward in excess of$25,000. Other items may only
also §§200.12 Capital assets, 200.20 Computing be excluded when necessary to avoid a serious
devices, 200.48 General purpose equipment, 200.58 inequity in the distribution of indirect costs, and with
Information technology systems, 200.89 Special the approval of the cognizant agency for indirect
purpose equipment, and 200.94 Supplies. costs. E
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Grant agreement means a legal instrument of Non-Federal entity is a state, local government,
financial assistance between a Federal awarding
Indian tribe, institution of higher education (IHE), or
agency or pass-through entity and a non-Federal nonprofit organization that carries out a Federal
entity that, consistent with 31 U.S.C. 6302, 6304, is award as a recipient or subrecipient.
used to enter into a relationship the principal purpose
of which is to transfer anything of value from the Non-federal pass-through entity is a non-Federal
Federal awarding agency or pass-through entity to the entity that provides a subaward to a subrecipient to
non-Federal entity to carry out a public purpose carry out part of a Federal program; the Florida
authorized by a law of the United States (see 31 Department of Law Enforcement (FDLE) is the non-
U.S.C. 6101(3)); and not to acquire property or federal pass-through entity for this agreement, also
services for the Federal awarding agency or pass- referred to as the State Administering Agency(SAA).
through entity's direct benefit or use; and is >-
distinguished from a cooperative agreement in that it Period of performance means the time during which W
does not provide for substantial involvement between the non-Federal entity may incur new obligations to
the Federal awarding agency or pass-through entity
carry out the work authorized under the Federal
and the non-Federal entity in carrying out the activity award. The Federal awarding agency or pass-through
contemplated by the Federal award. entity must include start and end dates of the period
of performance in the Federal award (see §§200.210
Improper payment means any payment that should Information contained in a Federal award paragraph
not have been made or that was made in an incorrect (a)(5) and 200.331 Requirements for pass-through
amount (including overpayments and underpayments) entities, paragraph (a)(1)(iv)).
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under statutory, contractual, administrative, or other E
legally applicable requirements and; Improper Protected Personally Identifiable Information (PII)
payment includes any payment to an ineligible party, means an individual's first name or first initial and last
any payment for an ineligible good or service, any name in combination with any one or more of types of
duplicate payment, any payment for a good or service information, including, but not limited to social security
not received (except for such payments where numbers; passport numbers; credit card numbers;
authorized by law), any payment that does not clearances; bank numbers; biometrics; date and place U
account for credit for applicable discounts, and any
of birth; mother's maiden name; criminal, medical, and co
payment where insufficient or lack of documentation financial records; and educational transcripts. This �-
prevents a reviewer from discerning whether a does not include PH that is required by law to be
payment was proper. disclosed. (See also § 200.79 Personally Identifiable
Information (PII)).
Micro-purchase means a purchase of supplies or
services using simplified acquisition procedures, the Questioned cost means a cost that is questioned by
aggregate amount of which does not exceed the the auditor because of an audit finding 1)that resulted
micro-purchase threshold. The non-Federal entity from a violation or possible violation of a statute,
uses such procedures in order to expedite the regulation, or the terms and conditions of a Federal
completion of its lowest-dollar small purchase award, including for funds used to match Federal
transactions and minimize the associated funds; 2)where the costs, at the time of the audit, are
administrative burden and cost. The micro-purchase not supported by adequate documentation; or 3)
threshold is set by the Federal Acquisition Regulation where the costs incurred appear unreasonable and do
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not reflect the actions a prudent person would take in the expected start date.
the circumstances.
If a project is not operational within 90 days of the
Simplified acquisition threshold means the dollar original start date of the award period, the
amount below which a non-Federal entity may subrecipient must submit a second statement to
purchase property or services using small purchase the Department explaining the implementation
methods. Non-Federal entities adopt small purchase delay.
co
procedures in order to expedite the purchase of items T.
costing less than the simplified acquisition threshold. Upon receipt of the ninety (90) day letter, the CD
The simplified acquisition threshold is set by the Department shall determine if the reason for >-
Federal Acquisition Regulation at 48 C.F.R. Subpart delay is justified or shall, at its discretion,
2.1 (Definitions) and in accordance with 41 U.S.C. § unilaterally terminate this agreement and re- U
1908. As of the publication of this part, the simplified obligate subaward funds to other Department
acquisition threshold is $150,000, but this threshold is approved projects. The Department, where
periodically adjusted for inflation. (Also see definition warranted by extenuating circumstances, may
of Micro-purchase, 2 C.F.R.§200.67) extend the starting date of the project past the
ninety (90) day period, but only by formal written
Subaward is an award provided by a pass-through adjustment to this agreement.
entity to a subrecipient for the subrecipient to carry
out part of a Federal award received by the pass- 3.0 Supplanting - The subrecipient agrees that
through entity. It does not include payments to a funds received under this award will not be used
contractor or payments to an individual that is a to supplant state or local funds, but will be used
beneficiary of a Federal program. A subaward may be to increase the amounts of such funds that
provided through any form of legal agreement, would, in the absence of federal funds, be made
including an agreement that the pass-through entity available for law enforcement activities.
considers a contract.
4.0 Personnel Changes - The subrecipient agrees
Subrecipient means a non-Federal entity that to promptly notify the Department through the
receives a subaward from a pass-through entity to SIMON Help Desk of any change in chief officials
carry out part of a Federal program; but does not or key project staff, including changes to contact
include an individual that is a beneficiary of such information or title changes. The subrecipient
program. A subrecipient may also be a recipient of acknowledges that some changes in points of
other Federal awards directly from a Federal contact will require formal grant adjustment to
awarding agency. reflect the change in the agreement.
CJ
Supplies means all tangible personal property other 5.0 Non-Procurement, Debarment and
than those described in §200.33 Equipment. A Suspension -The subrecipient agrees to comply
computing device is a supply if the acquisition cost is with Executive Order 12549, Debarment and
less than the lesser of the capitalization level Suspension and 2 C.F.R. § 180, "OMB
established by the non-Federal entity for financial Guidelines To Agencies On Government wide
statement purposes or $5,000, regardless of the Debarment And Suspension (Non-procurement)".
length of its useful life. See also §§200.20 Computing These procedures require the subrecipient to
devices and 200.33 Equipment. certify it shall not enter into any lower tiered
covered transaction with a person who is
SECTION I: TERMS AND debarred, suspended, declared ineligible or is
CONDITIONS voluntarily excluded from participating in this
- - - - - covered transaction, unless authorized by the 0
Department. If the subaward is $100,000 or U
1.0 Payment Contingent on Appropriation and more, the sub recipient and implementing agency co
Available Funds - The State of Florida's certify that they and their principals: >_
obligation to pay under this agreement is
contingent upon an annual appropriation by the 1) Are not presently debarred, suspended,
Florida Legislature. Furthermore, the obligation
proposed for debarment, declared ineligible, �
of the State of Florida to reimburse subrecipients sentenced to a denial of federal benefits by a
for incurred costs is subject to available federal state or federal court, or voluntarily excluded
funds. from covered transactions by any federal
2.0 Commencement of Project - If a project is not department or agency;
operational within 60 days of the original start 2) Have not within a three-year period
date of the award period, the subrecipient must preceding this application been convicted of
report by letter to the Department the steps taken or had a civil judgment rendered against
to initiate the project, the reasons for delay, and them for commission of fraud or a criminal
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offense in connection with obtaining, condition, means an adult facility or detention
attempting to obtain, or performing a public center owned and/or operated by city, county, or
(federal, state, or local) transaction or municipality. It does not include juvenile
contract under a public transaction; violation detention centers. "Pay-to-stay" programs as
of federal or state antitrust statutes or referenced in this condition, means a program by
commission of embezzlement, theft, forgery, which extraordinary services, amenities and/or
bribery, falsification or destruction of records, accommodations, not otherwise available to the
co
making false statements, or receiving stolen general inmate population, may be provided, T.
property; based upon an offender's apparent ability to pay, CD
such that disparate conditions of confinement are >-
3) Are not presently indicted for or otherwise created for the same or similar offenders within a
criminally or civilly charged by a jurisdiction. U
governmental entity (federal, state, or local)
with commission of any of the offenses 10.0 The Coastal Barrier Resources Act - The
enumerated in paragraph (1)(b) of this subrecipient will comply and assure the _
certification; and compliance of all contractors with the provisions
of the Coastal Barrier Resources Act (P.L. No.
4) Have not within a three-year period 97-348)dated October 19, 1982 (16 USC 3501 et
preceding this application had one or more seq.)which prohibits the expenditure of most new W
public transactions (federal, state, or local) federal funds within the units of the Coastal
CD
terminated for cause or default. Barrier Resources System.
6.0 Federal Restrictions on Lobbying - In general,
as a matter of federal law, federal funds may not 11.0 Background Check - Whenever a background 76
be used by any subrecipient at any tier, either
screening for employment or a background
directly or indirectly, to support or oppose the security check is required by law for employment,
enactment, repeal, modification, or adoption of unless otherwise provided by law, the provisions
any law, regulation, or policy, at any level of of§435, F.S. shall apply.
government. See 18 U.S.C. § 1913.
All employees in positions designated by law as
Another federal law generally prohibits federal positions of trust or responsibility shall be
funds from being used by any subrecipient at any required to undergo security background
tier, to pay any person to influence (or attempt to investigations as a condition of employment and >-
influence) a federal agency, a Member of continued employment. For the purposes of the ca
Congress, or Congress (or an official or subsection, security background investigations U
employee of any of them) with respect to the shall include, but not be limited to, employment
awarding of a federal grant or cooperative history checks, fingerprinting for all purposes and
agreement, subgrant, contract, subcontract, or checks in this subsection, statewide criminal and CD
loan, or with respect to actions such as renewing, juvenile records checks through the Florida
extending, or modifying any such award. See 31 Department of Law Enforcement, and federal
U.S.C. § 1352. criminal records checks through the Federal
Bureau of Investigation, and may include local
7.0 State Restrictions on Lobbying - In addition to criminal records checks through local law
the provisions contained above, the expenditure enforcement agencies.
of funds for the purpose of lobbying the
legislature or a state agency is prohibited under 12.0 Such background investigations shall be
this agreement. conducted at the expense of the employing
agency or employee. Privacy Certification - The
U
8.0 Additional Restrictions on Lobbying - The subrecipient must comply with all confidentiality co
subrecipient understands and agrees that it requirements of 42 U.S.C. § 3789g and 28 C.F.R.
cannot use any federal funds, either directly or § 22 that are applicable to collection, use, and
indirectly, in support of the enactment, repeal, revelation of data or information. Subrecipient ..
modification or adoption of any law, regulation or further agrees, as a condition of grant approval,
policy, at any level of government, without the to submit a Privacy Certificate that is in accord
express prior written approval of the Office of with requirements of 28 C.F.R. §§ 22 and, in
particular, 22.23. Privacy Certification forms must
Justice Programs. �.,
be signed by the subrecipient or implementing
9.0 "Pay—to—Stay" - Funds from this award may not agency chief official or an individual with formal,
be used to operate a "pay-to-stay" program in written signature authority for the chief official.
any local jail. Furthermore, no funds may be
given to local jails that operate "pay-to-stay" 13.0 Conferences and Inspection of Work -
programs. "Local jail", as referenced in this Conferences may be held at the request of any
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party to this agreement. At any time, a Equal Employment Opportunity Program
representative of the Department, of the U.S. (EEOP) -A subrecipient or implementing agency
Department of Justice, or the Auditor General of must comply with all applicable requirements in
the State of Florida, have the right of visiting the 28 C.F.R. §42, Subpart E.
project site to monitor, inspect and assess work
performed under this agreement. Subrecipients are advised to use the Office for
Civil Rights EEO Reporting Tool to satisfy this
14.0 Insurance for Real Property and Equipment - condition (https://oir).gov/about/ocr/eeop.htm). co
CD
c.
The subrecipient must, at a minimum, provide the N
equivalent insurance coverage for real property 3.0 Title IX of the Education Amendments of 1972 >-
and equipment acquired or improved with If the subrecipient operates an education
Federal funds as provided to property owned by program or activity, the subrecipient must comply U
the non-Federal entity. with all applicable requirements of 28 C.F.R. §
54, "Nondiscrimination on the basis of sex in
15.0 Flood Disaster Protection Act - The sub education programs or activities receiving federal
recipient will comply with Section 102(a) of the financial assistance."
Flood Disaster Protection Act of 1973, Public Law
93-234, 87 Stat. 975, requiring that the purchase 4.0 Equal Treatment for Faith Based Organizations m
of flood insurance in communities where such The subrecipient at any tier, must comply with all E
insurance is available as a condition of the applicable requirements of 28 C.F.R. § 38, "Equal
receipt of any federal financial assistance for Treatment for Faith Based Organizations",
construction or acquisition purposes for use in specifically including the provision for written
any area that has been identified as an area notice to current or prospective program
having special flood hazards. beneficiaries.
0
5.0 Americans with Disabilities Act-Subrecipients
16.0 Immigration and Nationality Act - No public must comply with the requirements of the
funds will intentionally be awarded to any Americans with Disabilities Act(ADA), Public Law
contractor who knowingly employs unauthorized 101-336, which prohibits discrimination on the
alien workers, constituting a violation of the basis of disability including provision to provide
employment provisions contained in 8 U.S.C. reasonable accommodations.
Section 1324a(e), Section 274A(e) of the
Immigration and Nationality Act ("INA"). The >_
Department shall consider the employment by 6.0 Section 504 of the Rehabilitation Act of 1973(28 C.F.R.§42, Subpart G)-Subrecipients must
any contractor of unauthorized aliens a violation comply with all provisions prohibiting
of Section 274A(e)of the INA. Such violation by discrimination on the basis of disability in both
the subrecipient of the employment provisions employment and the delivery of services.
contained in Section 274A(e)of the INA shall be
grounds for unilateral cancellation of this contract 7.0 Age Discrimination Act of 1975 - Subrecipients
by the Department. g p
must comply with all requirements in Subpart I of
28 C.F.R. §42 which prohibits discrimination
SECTION II: CIVIL RIGHTS based on age in federally assisted programs.
REQUIREMENTS
8.0 Limited English Proficiency (LEP) - In
1.0 Participant Notification of Non-discrimination accordance with Department of Justice Guidance
FDLE does not discriminate on the basis of race, pertaining to Title VI of the Civil Rights Act of
color, religion, national origin, sex, disability or 1964, 42 U.S.C. §2000d, subrecipients of federal
age in the delivery of services, benefits or in financial assistance must take reasonable steps U
employment. to provide meaningful access to their programs co
c,
and activities for persons with LEP. FDLE >-
2.0 Title VI of the Civil Rights Act of 1964 - The strongly advises subrecipients to have a written
subrecipient at any tier, must comply with all LEP Language Access Plan. For more
applicable requirements of 28 CFR § 42, information visit www.lep.gov.
specifically including any applicable requirements
in Subpart E that relate to an equal employment 9.0 Finding of Discrimination - In the event a
opportunity program. federal or state court or federal or state
administrative agency makes, after a due
Equal Employment Opportunity Certification process hearing, a finding of discrimination on
(EEOC) -A subrecipient or implementing agency the grounds of race, color, religion, national
must submit an EEO Certification annually within origin, sex, or disability against a subrecipient of
120 days of award. funds, the subrecipient will forward a copy of the
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finding to FDLE and to the Office for Civil Rights, systems must be able to record and report on the
Office of Justice Programs. receipt, obligation, and expenditure of grant
funds; and able to accommodate a fund and
10.0 Filing a Complaint- If the subrecipient or any of account structure to separately track receipts,
its employees, contractors, vendors, or program expenditures, assets, and liabilities for awards,
beneficiaries has a discrimination complaint, they programs, and additional tiered subrecipients.
may file a complaint with the subrecipient, with The awarded funds may or may not be an
co
FDLE, or with the Office for Civil Rights. interest bearing account, but any earned interest T.
must be used for program purposes and
Discrimination complaints may be submitted to expended before the federal grant period end FDLE at Office of the Inspector General, Post date. Any unexpended interest remaining at the
Office Box 1489, Tallahassee, Florida 32302- end of the federal grant period must be submitted U
1489, or online at info .fdle.state.fl.us. Any to the Office of Criminal Justice Grants for
discrimination complaints filed with FDLE will be transmittal to DOJ.
reviewed by FDLE's Inspector General and
referred to the Office for Civil Rights, the Florida 2.0 Match -The value or amount of any"non-federal
Commission on Human Relations, or the Equal share," "match," or cost-sharing contribution
Employment Opportunity Commission, based on incorporated into the approved budget is part of m
the nature of the complaint. the "project cost" for purposes of the 2 C.F.R. § E
200 Uniform Requirements, and is subject to
Discrimination complaints may also be submitted audit. In general, the rules and restrictions that
to the Office for Civil Rights, Office of Justice apply to award funds from federal sources also
Programs, U.S. Department of Justice, 810 71h apply to funds in the approved budget that are
Street, Northwest,Washington, D.C. 20531, or by provided as"match"or through"cost sharing."
phone at(202)307-0690.
SECTION IV:' SUBAWARD 00.
.
11.0 Retaliation - In accordance with federal civil
rights laws, the subrecipient shall not retaliate MANAGEMENT AND REPORTING
against individuals for taking action or REQUIREMENTS
participating in action to secure rights protected
by these laws.
1.0 Obligation of Subrecipient Funds - Subaward
12.0 Non-discrimination Contract Requirements - funds shall not under any circumstances be
Subrecipients must include comprehensive Civil obligated prior to the effective date, or
Rights nondiscrimination provisions in all subsequent to the termination date, of the period
contracts funded by the subrecipient. of performance. Only project costs incurred on or
after the effective date, and on or prior to the
13.0 Pass-through Requirements - Subrecipients termination date of the subrecipient's project are
are responsible for the compliance of contractors eligible for reimbursement. All payments must be
and other entities to whom they pass-through completed within thirty (30)days of the end of the
funds including compliance with all Civil Rights subaward period of performance.
requirements. These additional tier subrecipients
must be made aware that they may file a 2.0 Use of Funds - Grant funds may be used only
discrimination complaint with the subrecipient, for the purposes in the subrecipient's approved
with FDLE, or with the USDOJ Office for Civil application. Subrecipients shall not undertake
Rights and provided the contact information. any work or activities not described in the
approved grant award, and that use staff,
0
SECTION III: 'FINANCIAL', equipment, or other goods or services paid for U
REQUIREMENTS AND with grant funds, without prior written approval co
from FDLE's Office of Criminal Justice Grants >_
RESPONSIBILTY (OCJG).
1.0 Fiscal Control and Fund Accounting 3.0 Advance Funding - Advance funding may be
Procedures - All expenditures and cost provided to a subrecipient upon a written request
accounting of funds shall conform to the DOJ to the Department. The request must be
Grants Financial Guide, the 28 C.F.R. § 66, and electronically signed by the subrecipient or
2 C.F.R. §200 as applicable, in their entirety. implementing agency's Chief Financial Officer or
the Chief Financial Officer designee.
Subrecipients are required to establish and
maintain adequate accounting systems and 4.0 Performance and Reporting
financial records and to accurately account for
funds awarded to them. Financial management Reporting Time Frames - The Project Director,
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Application Manager, or Performance Contacts services from an alternate source. Any payment
shall submit Monthly or Quarterly Project made in reliance on subrecipient's evidence of
Performance Reports to the Department, within performance, which evidence is subsequently
fifteen (15) days after the end of the reporting determined to be erroneous, will be immediately
period. In addition, if the subaward period is due to the Department as an overpayment.
extended beyond the "original" project period,
additional Project Performance Reports shall be 5.0 Grant Adjustments - Subrecipients must submit
co
submitted. a grant adjustment through SIMON for major T.
substantive changes such as changes in project CD
Failure to Submit - Performance Reports that activities or scope of the project, target >-
are not complete, accurate, and timely may result populations, service providers, implementation
in sanctions, as specified in Section IV, schedules, project director, and designs or U
Subaward Management and Reporting research plans set forth in the approved
Requirements. agreement and for any budget changes that
affect a cost category that was not included in the
Report Contents - Performance Reports must original budget. Adjustments are also required
include a response to all objectives included in when there will be a transfer of 10% or more of
your subaward.A detailed response is required in the total budget between budget categories, or
the narrative portion for yes/no performance there is an indirect cost rate category change. E
objectives. Submitted performance reports must
clearly articulate, where appropriate, Subrecipients may transfer up to 10%of the total
performance during the execution of the award budget between current, approved budget
has met a standard against which the categories without prior approval as long as the
subrecipient's performance can be measured. funds are transferred to an existing line item.
The narrative must also reflect on
accomplishments for the period and identify Under no circumstances can transfers of funds
problems with project implementation and increase the total budgeted award.
address actions being taken to resolve the
problems. Additional information may be required Requests for changes to the subaward
if necessary to comply with federal reporting agreement must be electronically signed by the
requirements. subrecipient or implementing agency's chief
official or the chief official's designee.
Requirement for Data on Performance and
Effectiveness Under the Award - The All requests for changes must be submitted in `✓
subrecipient must collect and maintain data that SIMON no later than ninety (90) days prior to U
measures the performance and effectiveness of grant expiration date.
work under this award. The data must be
provided to OCJG in the manner(including within 6.0 Financial Expenditures and Reporting
the timeframes) specified by OCJG. Data
collection supports compliance with the Reporting Requirements - The subrecipient
Government Performance and Results Act shall have a choice of submitting either a Monthly
(GPRA) and the GPRA Modernization Act of or a Quarterly Project Expenditure Report to the
2010, and other applicable laws. Department. Project Expenditure Reports are due
thirty (30) days after the end of the reporting
Financial Consequences for Failure to period. In addition, if the subaward period is
Perform - In accordance with s. 215.971 F.S., extended, additional Project Expenditure Reports
payments for state and federal financial shall be submitted.
0
assistance must be directly related to the scope U
of work and meet the minimum level of All project expenditures for reimbursement of co
performance for successful completion. If the subrecipient costs shall be submitted on the >_
subrecipient fails to meet the minimum level of Project Expenditure Report Forms prescribed
service or performance identified in this and provided by the Office of Criminal Justice
agreement, or is customary for subawards, then Grants (OCJG) through the SIMON (Subgrant
the Department will apply financial consequences Information Management Online).
commensurate with the deficiency. Financial
consequences may include but are not limited to All Project Expenditure Reports shall be
withholding payments or reimbursement until the submitted in sufficient detail for proper pre-audit
deficiency is resolved, tendering only partial and post-audit.
payment/reimbursement, imposition of other
financial consequences according to the All reports must relate financial data to
Standard Conditions as applicable, and/or performance accomplishments.
termination of contract and requisition of goods or
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Before the "final" Project Expenditure Report will such proceedings, through the federal System for
be processed, the subrecipient must submit to Award Management ("SAM"), to the designated
the Department all outstanding project reports federal integrity and performance system
and must have satisfied all special conditions. ("FAPIIS").
Failure to comply with the above provisions shall
result in forfeiture of reimbursement. SECTION V: MONITORING AND
Reports are to be submitted even when no AUDITS
reimbursement is being requested.
1.0 Access to Records -The Florida Department of >-
Submission - The report must be electronically Law Enforcement, the Auditor General of the
signed by the subrecipient or implementing State of Florida, the U.S. Department of Justice,
agency's Chief Financial Officer or the Chief the U.S. Comptroller General or any of their duly
Financial Officer designee. authorized representatives, shall have access to
books, documents, papers and records of the
7.0 Project Generated Income (PGI) - All income subrecipient, implementing agency and
generated as a direct result of a sub project shall contractors for the purpose of audit and
examination according to the Financial Guide and
be deemed program income. Program income �
from asset seizures and forfeitures is considered the 28 C.F.R. § 66. At any time, a representative
earned when the property has been adjudicated of the Department, the U.S. Department of
to the benefit of the plaintiff(i.e., law enforcement Justice, or the Auditor General of the State of
entity). Florida, have the right to visit the project site to
monitor, inspect and assess work performed
Required Reports - The subrecipient shall under this agreement.
submit Quarterly PGI Earnings and Expenditures
Reports to the Department within thirty (30)days The Department reserves the right to unilaterally
after the end of the reporting period covering terminate this agreement if the subrecipient,
subaward project generated income and implementing agency, or contractor refuses to
expenditures during the previous quarter. If any allow public access to all documents, papers,
PGI remains unspent after the subaward ends, letters, or other materials subject to provisions of
the subrecipient must continue submitting s. 119, F.S., unless specifically exempted and/or
quarterly PGI reports until all funds are made confidential by operation of s. 119, F.S.,
expended. and made or received by the subrecipient or its >-
contractor in conjunction with this agreement.
PGI Expenditure - Program income should be
used as earned and expended as soon as The subrecipient will give the awarding agency or
possible and used to further the objects in which the General Accounting Office, through any
the award was made. Any unexpended PGI authorized representative, access to and the right
remaining at the end of the federal grant period to examine all paper or electronic records related
must be s submitted to OCJG for transmittal to the to the financial assistance.
Bureau of Justice Assistance.
2.0 Monitoring -The recipient agrees to comply with
Submission - PGI Earnings and Expenditures FDLE's grant monitoring guidelines, protocols,
reports must be electronically signed by the and procedures; and to cooperate with FDLE on
subrecipient or implementing agency's chief all grant monitoring requests, including requests
financial officer or the chief financial officer's related to desk reviews, enhanced programmatic
designee. desk reviews, and/or site visits. The recipient
agrees to provide FDLE all documentation
necessary to complete monitoring of the award. co
8.0 subrecipient Integrity and Performance y p g
Matters - Requirement to report information on Further, the recipient agrees to abide by
certain civil, criminal, and administrative reasonable deadlines set by FDLE for providing
proceedings to OCJG, SAM and FAPIIS. requested documents. Failure to cooperate with .j
grant monitoring activities may result in sanctions
The subrecipient must comply with any and all
affecting the recipient's award, including, but not m
applicable requirements regarding reporting of limited to: withholding and/or other restrictions on
information on civil, criminal, and administrative the recipient's access to funds, referral to the
proceedings connected with (or connected to the Office of the Inspector General for audit review,
performance of) either this award or any other designation of the recipient as a FDLE High Risk
grant, cooperative agreement, or procurement grantee, or termination of award(s).
contract from the federal government. Under
certain circumstances, subrecipients of OJP 3.0 Property Management - The subrecipient shall
awards are required to report information about establish and administer a system to protect,
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C.11.a
preserve, use, maintain and dispose of any
property furnished to it by the Department or 7.0 Retention of Records - The subrecipient shall
purchased pursuant to this agreement according maintain all records and documents for a
to federal property management standards set minimum of five (5) years from the date of the
forth in the DOJ Grants Financial Guide, and 28 final financial statement and be available for audit
C.F.R. § 66. This obligation continues as long as and public disclosure upon request of duly
the subrecipient retains the property, authorized persons. The subrecipient shall
co
notwithstanding expiration of this agreement. comply with State of Florida General Records T.
Schedule GS1-SL for State and Local
Property Use - The subrecipient must use Government Agencies: �-
equipment acquired under a Federal award for http://dos.myflorida.com/media/693574/general-
the authorized purposes of the project during the records-schedulegs01-sl.pdf. U
period of performance, or until the property is no
longer needed. Subrecipients must use, manage 8.0 Disputes and Appeals - The Department shall
and dispose of equipment acquired under a make its decision in writing when responding to
Federal award in accordance with ss. 274, F.S. any disputes, disagreements, or questions of fact
Tangible Property and 200.313, F.S., Equipment. arising under this agreement and shall distribute
its response to all concerned parties. The m
4.0 Subaward Closeout-A Financial Closeout Audit subrecipient shall proceed diligently with the E
shall be submitted to the Department within forty- performance of this agreement according to the
five (45)days of the end date of the performance Department's decision. If the subrecipient
period. appeals the Department's decision, the appeal
also shall be made in writing within twenty-one
The Financial Closeout Audit report located in (21) calendar days to the Department's clerk
SIMON must be electronically signed by the (agency clerk). The subrecipient's right to appeal
subrecipient or implementing agency's Chief the Department's decision is contained in § 120,
Financial Officer or the Chief Financial Officer F.S., and in procedures set forth in Rule 28-
designee. 106.104, Florida Administrative Code. Failure to
appeal within this time frame constitutes a waiver
Subaward Closeout will be initiated by the of proceedings under Chapter 120, F.S.
Department after the Financial Closeout has
been completed and approved. Failure to submit 9.0 Failure to Address Audit Issues - The
closeout reports timely will result in an subrecipient understands and agrees that FDLE's
Administrative Closeout by the Department. OCJG may withhold award funds, or may impose
award conditions or other related requirements, if
5.0 High Risk Subrecipients - If a subrecipient is (as determined by OCJG) the subrecipient does
designated "high risk" by a federal grant-making not satisfactorily and promptly address
agency, currently or at any time during the course outstanding issues from audits required by the 2
of the period of performance under this award, C.F.R. § 200 Uniform Requirements (or by the
the subrecipient must disclose that fact and terms of this award), or other outstanding issues
certain related information to FDLE's OCJG. For that arise in connection with audits,
purposes of this disclosure, high risk includes any investigations, or reviews.
status under which a federal awarding agency
provides additional oversight due to the 10.0 Single Annual Audit-Subrecipients that expend
subrecipient's past performance, or other $750,000 or more in a year in federal awards
programmatic or financial concerns with the shall have a single audit or program-specific audit
subrecipient. The subrecipient's disclosure must conducted for that year. The audit shall be
0
include the following: 1. The federal awarding performed in accordance with the OMB 2 C.F.R. U
agency that currently designates the subrecipient § 200 Subpart F—Audit Requirements and other co
high risk, 2. The date the subrecipient was applicable federal law. The contract for this
designated high risk, 3. The high-risk point of agreement shall be identified in the Schedule of
contact at that federal awarding agency (name, Federal Financial Assistance in the subject audit.
phone number, and email address), and 4. The The contract shall be identified as federal funds
reasons for the high-risk status, as set out by the passed through the Florida Department of Law
federal awarding agency. Enforcement and include the contract number,
CFDA number, award amount, contract period,
6.0 Imposition of Additional Requirements - The funds received and disbursed. When applicable,
subrecipient agrees to comply with any additional the subrecipient shall submit an annual financial
requirements that may be imposed by OCJG audit that meets the requirements of 2 C.F.R. §
during the period of performance for this award, if 200 Subpart F, "Audit Requirements" s. 215.97,
the subrecipient is designated as "high risk" for F.S., "Florida Single Audit Act" and Rules of the
purposes of the DOJ high-risk grantee list. Auditor General, Chapter 10.550, and Chapter
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10.650, "Local Governmental Entity Audits" and is at or above the $35,000 acquisition threshold
"Florida Single Audit Act Audits Nonprofit and and the contract was awarded non-competitively
For-Profit Organizations." in accordance with s. 216.3475, F.S. The
subrecipient must maintain records to support the
A complete audit report that covers any portion of cost analysis, which includes a detailed budget,
the effective dates of this agreement must be documented review of individual cost elements
performed and submitted to the Federal Audit for allowability, reasonableness, and necessity.
co
Clearinghouse within the earlier of thirty (30) See also Chief Financial Officer Memorandum T.
calendar days after receipt of the auditor's No. 02 (2012-2013). CD
report(s), or nine (9) months after the end of the >-
audit period. Submissions must include required 3.0 Allowable Costs - Allowance for costs incurred
elements described in Appendix X to 2 C.F.R. § under the subaward shall be determined U
200 on the specified Data Collection Form (Form according to the general principles and standards
SF-SAC). for selected cost items set forth in the DOJ
Grants Financial Guide, 28 C.F.R. § 66, "Uniform
Records shall be made available upon request Administrative Requirements for Grants and
for a period of five (5) years from the date the Cooperative Agreements to State and Local
audit report is issued, unless extended in writing Governments", and 2 C.F.R. § 200.405(e), "Cost m
by the Department. Principles". E
Subrecipients that expend less than $750,000 in 4.0 Unallowable Costs - Payments made for costsCD
federal awards during a fiscal year are exempt determined to be unallowable by either the
from the Single Audit Act audit requirements for Federal awarding agency, or the Department,
that fiscal year. In this case,written notification, in either as direct or indirect costs, must be
the form of the "Certification of Audit Exemption"
refunded (including interest) to FDLE and the
Federal Government in accordance with
form, shall be provided to the Department by the 0.
instructions that determined the costs are 0.
Chief Financial Officer, or designee, that the unallowable unless state or Federal statute or
subrecipient is exempt. This notice shall be
provided to the Department no later than March 1 regulation directs otherwise. See also 2 C.F.R.
following the end of the fiscal year. §§200.300-309.
SECTION VI: SUBAWARD 5.0 Indirect Cost Rate - A subrecipient that is
eligible to use the "de minimis" indirect cost rate >'
PROCUREMENT AND COST described in 2 C.F.R. § 200.414(f), and elects to �--
PRINCIPLES do so, must advise OCJG in writing of both its CJ
eligibility and its election, and must comply with
1.0 Procurement Procedures - Subrecipients must all associated requirements in the 2 C.F.R. § 200
have written procedures for procurement and Appendix VII.
transactions. Procedures must conform to 6.0 Sole Source - If the project requires a non-
applicable Federal law and the standards in 2
C.F.R. §§200.318-326. competitive purchase from a sole source, the
subrecipient must complete the Sole Source
This condition applies to agreements that OCJG Justification for Services and Equipment Form
considers to be a procurement"contract", and not and submit to OCJG upon application for pre-
a second tier subaward. approval. If the subrecipient is a state agency
and the cost meets or exceeds $150,000, the
The details of the advance approval requirement subrecipient must also receive approval from the
to use a noncompetitive approach in a Department of Management Services (DMS) (s.
procurement contract under this award are posed 287.057(5), F.S.). The Sole Source form must beco
on the OJP website at signed by the subrecipient or implementing T_
https://oir).gov/funding/Explore/Noncompetlt ePePr agency chief official or chief official designee.
ocurement.htm. Additional details on the sole source requirement
can be found at 2 C.F.R. § 200 and the DOJ
Additional information on Federal purchasing
Grants Financial Guide.
guidelines can be found in the Guide to 7.0 Personal Services - Subrecipients may use
Procurements Under DOJ Grants and
Cooperative agreements at grant funds for eligible personal services
https://oip.gov/funding/Implement/Resources/Gui including salaries, wages, and fringe benefits,
deToProcurementProcedures.pdf. including overtime in accordance with the DOJ
Grants Financial Guide Section 3.9 -
2.0 Cost Analysis - A cost analysis must be Compensation for Personal Services, consistent
performed by the subrecipient if the cost or price with the principles set out in 2 C.F.R. § 200,
Subpart E and those permitted in the federal
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program's authorizing legislation. Subrecipient eight-hour day, or $81.25 per hour. A detailed
employees should be compensated with overtime justification must be submitted to and approved
payments for work performed in excess of the by FDLE, who will coordinate written approval of
established work week and in accordance with the Federal awarding agency, prior to
the subrecipient's written compensation and pay subrecipient obligation or expenditures of such
plan. funds. Approval shall be based upon the
contract's compliance with requirements found in
co
Documentation - Charges for salaries, wages, the Financial Guide Section 3.6 Consultant T.
and fringe benefits must be supported by a Rates, 28 C.F.R. § 66, and applicable state
system of internal controls providing reasonable statutes. The Department's approval of the �-
assurance that charges are accurate, allowable, subrecipient agreement does not constitute
and properly allocated. Documentation approval of individual consultant contracts or U
supporting charges must be incorporated into the rates. If consultants are hired through a
official records of the organization. competitive bidding process (not sole source),
the $650 threshold does not apply.
Charges made to the Personnel Budget Category
must reasonably reflect the total time and activity FFATA Reporting Requirements - Subrecipients
for which the employee is compensated by the that enter into subawards of $25,000 or more m
organization and cover both federally funded and should review the Federal Funding Accountability E
all other activities. The records may include the and Transparency Act of 2006 (FFATA), website
use of subsidiary records as defined in the for additional reporting requirements at
organization's written policies. Where grant hops://oip.gov/funding/Explore/FFATA.htm
subrecipients work on multiple grant programs or c
cost activities, documentation must support a 9.0 Travel and Training -The cost of all travel shall
reasonable allocation or distribution of costs be reimbursed according to the subrecipient's
among specific activities or cost objectives. written travel policy. If the subrecipient does not
have a written travel policy, cost of all travel will
8.0 Contractual Services - The subrecipient must be reimbursed according to State of Florida
maintain written standards of conduct covering Travel Guidelines § 112.061, F.S. Any foreign
conflicts of interest and governing the actions of travel must obtain prior written approval from the
its employees engaged in the selection, award Federal awarding agency and pass-through
and administration of contracts as described in 2 entity.
C.F.R. §200.318, General procurement.
10.0 Expenses Related to Conferences, Meetings,
Requirements for Contractors of Trainings, and Other Events - Subgrant funds
Subrecipients - The subrecipient assures the requested for meetings, retreats, seminars,
compliance of all contractors with the applicable symposia, events, and group training activities
provisions of Title I of the Omnibus Crime Control and related expenses must receive written pre-
and Safe Streets Act of 1968, as amended 42 approval from the Federal awarding agency and
U.S.C. § 3711 et seq.; the provisions of the pass-through entity and comply with all
current edition of the DOJ Grants provisions in 2 C.F.R. § 200.432 and DOJ Grants
FinancialGuide(https://oip.gov/financigiguide/doi/ Financial Guide Section 3.10; Conference
pdfs/DOJ FinancialGuidg.pdf), and all other Approval, Planning, and Reporting. Subgrant
applicable federal and state laws, orders, applications requesting approval for meeting,
circulars, or regulations. The subrecipient must training, conference, or other event costs must
pass-through all requirements and conditions include a completed Conference & Events
applicable to the federal grant award/subaward to Submission Form for approval prior to obligating
0
any subcontract. The term "contractor" is used subgrant funds for these purposes. U
rather than the term "vendor" and means an co
r
entity that receives a contract as defined in 2 11.0 Training and Training Materials — Any training �-
C.F.R. § 200.22, the nature of the contractual or training materials that has been developed or
relationship determines the type of agreement. delivered with grant funding under this award
must adhere to the OJP Training Guiding
Approval of Consultant Contracts Principles for Grantees and Subgrantees,
Compensation for individual consultant services available at
must be reasonable and consistent with that paid www.oip.gov/funding/oiptrainingguiding2rinciples.
for similar services in the marketplace. The htm.
Federal awarding agency and pass-through entity
must review and approve in writing all consultant 12.0 Publications, Media and Patents Ownership of
contracts prior to employment of a consultant Data and Creative Material - Ownership of
when the individual compensation rate exceeds material, discoveries, inventions, and results
$650 (excluding travel and subsistence costs)per developed, produced, or discovered subordinate
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to this agreement is governed by the terms of the Subrecipients must promptly and fully report to
DOJ Grants Financial Guide, 28 C.F.R. §§ 66, FDLE and the Federal awarding agency if any
and 200.315. program produces patentable items, patent
rights, processes, or inventions, in the course of
Publication or Printing of Materials - work sponsored under this award.
Publication costs for electronic and print media,
including distribution, promotion, and general 13.0 Information Technology Projects
co
handling are allowable. If these costs are not T.
identifiable with a particular direct cost objective, Criminal Intelligence Systems - The
it should be allocated as indirect costs. subrecipient agrees that any information �-
Publication includes writing, editing, and technology system funded or supported by the
preparing the illustrated material (including Office of Justice Programs funds will comply with U
videos and electronic mediums). 28 C.F.R. § 23, Criminal Intelligence Systems
Operating Policies, if the Office of Justice
Subrecipients must request pre-approval in Programs determines this regulation to be
writing for page charges for professional journal applicable. Should the Office of Justice Programs
publications. All publication materials must determine 28 C.F.R. § 23 to be applicable, the
comply with provisions in 2 C.F.R. §200.461 and Office of Justice Programs may, at its discretion,
DOJ Grants Financial Guide, Section 3.9; perform audits of the system, as per 28 C.F.R. § E
Allowable Costs—Publication. 23.20(g). Should any violation of 28 C.F.R. § 23
occur, the subrecipient may be fined as per 42
Subrecipients must submit for review and U.S.C. § 3789g(c)-(d). The subrecipient may not
approval one (1) copy of any curricula, training satisfy such a fine with federal funds.
materials, or any other written materials to be
published, including web-based materials and The subrecipient understands and agrees that no
website content, to be paid under this award at awarded funds may be used to maintain or
least thirty (30) days prior to the targeted establish a computer network unless such
dissemination date. network blocks the viewing, downloading, and
exchanging of pornography. In doing so the
All electronic and print materials paid under this subrecipient agrees that these restrictions will not
award must contain the following statements limit the use of awarded funds necessary for any
identifying the federal award: federal, state, tribal, or local law enforcement
agency or any other entity carrying out criminal
1) "This project was supported by Grant No. investigations, prosecutions, or adjudication
2017-MU-BX-0187 awarded by the Bureau of activities.
Justice Assistance. The Bureau of Justice
Assistance is a component of the Department State IT Point of Contact - The subrecipient
of Justice's Office of Justice Programs, which must ensure that the State IT Point of Contact
also includes the Bureau of Justice Statistics, receives written notification regarding any
the National Institute of Justice, the Office of information technology project funded by this
Juvenile Justice and Delinquency Prevention, grant during the obligation and expenditures
the Office for Victims of Crime, and the SMART period. This is to facilitate communication among
Office. Points of view or opinions in this local and state governmental entities regarding
document are those of the author and do not various information technology projects being
necessarily represent the official position or conducted with these grant funds. In addition, the
policies of the U.S. Department of Justice." subrecipient must maintain an administrative file
documenting the meeting of this requirement. For
0
Any website that funded in whole or in part a list of State IT Points of Contact, go to U
under this award must include the same hops://it.ojp.aov/technology-contacts. co
statement on the home page, on all major entry
pages (i.e., pages (exclusive of documents) The State IT Point of Contact will ensure the
whose primary purpose is to navigate the user subrecipient's project follows a statewide
to interior content), and on any pages from comprehensive strategy for information sharing
which a visitor may access or use a web-based systems that improve the functioning of the
service, including any pages that provide criminal justice system, with an emphasis on
results or outputs from the service. integration of all criminal justice components, law
enforcement, courts, prosecution, corrections,
Patents - Subrecipients are subject to applicable and probation and parole.
regulations governing patents and inventions,
including government wide regulations issued by Interstate Connectivity - To avoid duplicating
the Department of Commerce (27 C.F.R. § 401 existing networks or IT systems in any initiatives
and 2 C.F.R. §200.315(c)). funded by the Bureau of Justice Assistance for
FY17/SFY2018 JAG Standard Conditions Page 12 of 16
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law enforcement information sharing systems award funding (plus the quantity purchased of
which involve interstate connectivity between each item) to FDLE once items are procured
jurisdictions, such systems shall employ, to the during any periodic programmatic progress
extent possible, existing networks as the reports.
communication backbone to achieve interstate
connectivity, unless the subrecipient can 15.0 Global Standards Package - In order to
demonstrate to the satisfaction of the Bureau of promote information sharing and enable
co
Justice Assistance that this requirement would interoperability among disparate systems across T.
not be cost effective or would impair the the justice and public safety community, OJP CD
functionality of an existing or proposed IT system. requires the grantee to comply with DOJ's Global >-
Justice Information Sharing Initiative (DOJ's
ADP Justification - The subrecipient must Global) guidelines and recommendations for this U
complete an Automated Data Processing (ADP) particular grant. Grantee shall conform to the
equipment and Software and Criminal Justice Global Standards Package (GSP) and all
Information and Communication Systems constituent elements, where applicable, as
Request for Approval form if the purchase of any described at www.it.oip.gov/gsp grantcondition.
ADP equipment is to be made. This form must be Grantee shall document planned approaches to
submitted upon application if applicable and pre- information sharing and describe compliance to m
approval must be obtained. ADP Justification the GSP and appropriate privacy policy that E
must be signed by the subrecipient or protects shared information, or provide detailed
implementing agency chief official or an individual justification for why an alternative approach is
with formal, written signature authority for the recommended.
chief official.
14.0 Interoperable Communications Guidance -
SECTION VIL COMPLIANCE WITH 8
Subrecipients using funds to support emergency U.S.C.§1 373
communications activities must comply with the
current SAFECOM Guidance for Emergency 1.0 In regards to the program or activity funded under
Communication Grants, including provisions on this subaward and throughout the period of
technical standards that ensure and enhance performance for this award, no state or local
interoperable communications. Emergency government entity, agency or official may prohibit
communications activities include the purchase of or in anyway restrict: >-
Interoperable Communications Equipment and ca
technologies such as voice-over-internet protocol Any government entity or official from sending or
bridging or gateway devices, or equipment to
receiving information regarding citizenship or
support the build out of wireless broadband immigration status as described in 8 U.S.C.
networks in the 700 MHz public safety band 1373(a); or a government entity or agency from I
under the Federal Communications Commission sending, requesting or receiving, maintaining, or
(FCC) Waiver Order. SAFECOM guidance can exchanging information regarding immigration
be found at status as described in 8 U.S.C. 1373(b). For the
www.safecomprogram.gov/library/lists/library/Dis purposes of this subaward, any prohibition (or
pForm.aspx?ID=334. restriction) that violates this condition is an
"information-communication restriction."
Subrecipients interested in developing a public ca
safety broadband network in the 700 MHz band
in their jurisdictions must adhere to the technical 2.0 A subaward to a state or local government or a
standards set forth in the FCC Waiver Order, or public institution of higher education, cannot be
any succeeding FCC orders, rules, or regulations made unless a properly executed certification of CJ
pertaining to broadband operations in the 700 compliance with 8 U.S.C. 1373, signed by the co
MHz public safety band. The subrecipient shall chief legal officer of the subrecipient entity has
also ensure projects support the Statewide been received by OCJG. Similarly, subrecipients
Communication Interoperability Plan (SCIP) and cannot make a further subaward to a state or ..
are fully coordinated with the full-time Statewide local government or a public institution of higher
Interoperability Coordinator (SWIC). If any future education, unless it first obtains a properly
regulatory requirement (from the FCC or other executed certification of compliance with 8 U.S.C.
governmental entity) results in a material 1373 signed by the chief legal officer of the third
technical or financial change in the project, the tier subrecipient.
subrecipient should submit associated 3.0 Funding under this award cannot be subawarded
documentation, and other material, as applicable, to any subrecipient at any tier that is either a
for review by the SWIC to ensure coordination. state or unit of local government or a public
Subrecipients must provide a listing of all institution of higher education that is subject to
communications equipment purchased with grant any"information-communication restriction."
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ii. A local ordinance, rule, regulation, policy or
4.0 Subrecipients must notify FDLE (in writing) if it practice (or an applicable state statute, rule,
has credible evidence that indicates that a funded regulation policy or practice) must be in
program or activity of a subrecipient at any tier place that is designed to ensure that,when a
that is either a state or local government or a local government (or local government
public institution of higher education, may be contracted) correctional facility receives a
subject to any "information-communication formal written request authorized by the
co
restriction." Immigration and Nationality Act from DHS T.
that seeks advance notice of the scheduled CD
release date and time for a particular alien, >-
5.0 For STATE AGENCIES: With respect to the they will honor the request and as early as
program or activity that is funded by this practicable, provide the request notice to U
subaward, as of the date the subrecipient DHS.
accepts this subaward, and throughout the
remainder of the period of performance for the 7.0 Monitoring of compliance with the requirements
award- of this condition will be conducted by FDLE.
i. A state statute or a state rule, regulation, 8.0 Nothing in this condition shall be understood to
policy or practice must be in place that is authorize any subrecipient at any tier to violate E
designed to ensure that agents of the United any federal law, including any applicable civil
States acting under color of federal law are rights or nondiscrimination law.
given access to any state (or state
contracted) correctional facility for the IMPORTANT NOTE: Any questions about the
purpose of permitting such agents to meet meaning or scope of this condition should be directed >
with individuals who are (or are believed by to FDLE prior to award acceptance.
such agents to be)aliens and to inquire as to
such individuals' right to be or remain in the SECTION VIII: ADDITIONAL
United states. REQUIREMENTS
ii. A state statute, or a state rule, regulation,
policy or practice must be in place that is 1.0 Environmental Protection Agency's (EPA) list
designed to ensure that, when a state (or of Violating Facilities - The subrecipient
state contracted)correctional facility receives assures that the facilities under its ownership, W
a formal written request authorized by the lease or supervision which shall be utilized in the
Immigration and Nationality Act from DHS
accomplishment of the Program Purpose are not
that seeks advance notice of the scheduled listed on the EPA's list of Violating Facilities and
release date and time for a particular alien, that it will notify the Department of the receipt of
they will honor the request and as early as any communication from the Director of the EPA
practicable, provide the request notice to Office of Federal Activities indicating that a facility
DHS. to be used in the project is under consideration
for listing by the EPA.
W
6.0 For units of LOCAL GOVERNMENT: With E
respect to the program or activity that is funded 2.0 National Environmental Policy Act(NEPA)
by this subaward, as of the date the
subrecipient accepts this subaward, and The subrecipient agrees to assist FDLE in
throughout the remainder of the period of complying with the NEPA, the National Historic
performance for the award- Preservation Act, and other related federal
environmental impact analyses requirements in
co
i. A local ordinance, rule, regulation, policy or the use of subaward funds by the subrecipient.
practice (or an applicable state statute, rule, This applies to the following new activities
regulation policy or practice) must be in whether or not they are being specifically funded
place that is designed to ensure that agents with these subaward funds. That is, it applies as
of the United States acting under color of long as the activity is being conducted by the
federal law are given access to any state (or subrecipient or any third party and the activity
state contracted) correctional facility for the needs to be undertaken in order to use these
purpose of permitting such agents to meet subaward funds. Accordingly, the subrecipient
with individuals who are (or are believed by agrees to first determine if any of the following
such agents to be)aliens and to inquire as to activities will be funded by the grant, prior to
such individuals' right to be or remain in the obligating funds for any of these purposes.
United States.
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of human research subjects, including
If it is determined that any of the following obtainment of Institutional Review Board
activities will be funded by the grant, the recipient approval, if appropriate, and subject informed
agrees to contact FDLE OCJG. consent.
1) New construction; 5.0 Disclosures
2) Any renovation or remodeling of a property Conflict of Interest - The subrecipient and r
located in an environmentally or historically implementing agency will establish safeguards to
sensitive area, including properties located prohibit employees from using their positions for >-
within a 100-year flood plain; a wetland, or a purpose that constitutes or presents the
habitat for endangered species, or a property appearance of personal or organizational conflict U
listed on or eligible for listing on the National of interest, or personal gain. Subrecipients must
Register of Historic Places; disclose in writing any potential conflict of interest
to FDLE (the non-federal pass-through entity).
3) A renovation, lease, or any other proposed
use of a building or facility that will either (a) Violations of Criminal Law - The subrecipient
result in a change in its basic prior use or(b) and implementing agency must disclose all m
significantly change its size; violations of state or federal criminal law involving E
fraud, bribery or gratuity violations potentially
4) Implementation of a new program involving affecting the sub award.
the use of chemicals other than chemicals
that are (a) purchased as an incidental 6.0 Uniform Relocation Assistance and Real
component of a funded activity and (b) Property Acquisitions Act - The subgrant
traditionally used, for example, in office, recipient will comply with the requirements of the
household, recreational, or educational Uniform Relocation Assistance and Real Property
environments; and Acquisitions Act of 1970 (42 U.S.C. § 4601 et
seq.), which govern the treatment of persons
5) Implementation of a program relating to displaced as a result of federal and federally-
clandestine methamphetamine laboratory assisted programs.
operations, including the identification,
seizure, or closure of clandestine 7.0 Limitations on Government Employees
methamphetamine laboratories. Financed by Federal Assistance - The
subrecipient will comply with requirements of 5
The subrecipient understands and agrees that U.S.C. §§ 1501-08 and §§ 7324-28, which limit U
complying with NEPA may require the certain political activities of State or local
preparation of an Environmental Assessment government employees whose principal
and/or an Environmental Impact Statement, as employment is in connection with an activity
directed by the Bureau of Justice Assistance. financed in whole or in part by federal assistance.
The subrecipient further understands and agrees
to the requirements for implementation of a
Mitigation Plan, as detailed by the Department of 8.0 Funds to Association of Community
Justice at Organizations for Reform Now (ACORN)
https://www.bia.gov/Funding/nepa.htmi, for Unallowable - Subrecipient understands and
programs relating to methamphetamine agrees that it cannot use any federal funds, either
laboratory operations. directly or indirectly, in support of any contract or
subaward to either the Association of Community
3.0 National Historic Preservation Act — The Act Organizations for Reform Now (ACORN) or its U
will assist the Department (if necessary) in subsidiaries, without the express prior written co
assuring compliance with section 106 of the approval of OJP.
National Historic Preservation Act of 1966 (16
U.S.C. § 470), Ex. Order 11593 (identification 9.0 Text Messaging While Driving - Pursuant to
and protection of historic properties), the Executive Order 13513, "Federal Leadership on
Archeological and Historical Preservation Act of Reducing Text Messaging While Driving," 74
1974 (16 U.S.C. § 469 a-1 et seq.), and the Fed. Reg. 51225 (October 1, 2009), and
National Environmental Policy Act of 1969 (42 §316.305, F.S., the subrecipient is encouraged to
U.S.C. §4321). adopt and enforce policies banning employees
from text messaging while driving any vehicle
4.0 Human Research Subjects - Subrecipient during the course of performing work funded by
agrees to comply with the requirements of 28 this subaward and to establish workplace safety
C.F.R. part 46 and all Office of Justice Programs policies and conduct education, awareness, and
policies and procedures regarding the protection
FY17/SFY2018 JAG Standard Conditions Page 15 of 16
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C.11.a
other outreach to decrease crashes caused by persons are incorporated by reference and
distracted drivers. posted at
www.oip.gov/funding/Explore/ProhibitedConduct-
10.0 DNA Testing of Evidentiary Materials and Trafficking.htm.
Upload of DNA Profiles to a Database - If
PREA program funds will be used for DNA
testing of evidentiary materials, any resulting
co
eligible DNA profiles must be uploaded to the T.
Combined DNA Index System (CODIS), by a CD
government DNA lab with access to CODIS. No >-
profiles generated with JAG funding may be
entered into any other non-governmental DNA U
database without prior express written approval
from BJA. For more information, refer to the NIJ
FY 2012 DNA Backlog Reduction Program,
available at
https://www.ncirs.gov/pdffilesl/nii/s1001062.pdf.
In addition, funds may not be used for purchase E
of DNA equipment and supplies when the
resulting DNA profiles from such technology are
not accepted for entry into CODIS (the National
DNA Database operated by the FBI).
11.0 Environmental Requirements and Energy -
For subawards in excess of $100,000, the
subrecipient must comply with all applicable
standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C.
1857(h)), section 508 of the Clean Water Act (33
uJ
U.S.C. 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40
CFR part 15). The subrecipient must comply with
mandatory standards and policies relating to
energy efficiency which are contained in the state
energy conservation plan issued in compliance
with the Energy Policy and Conservation Act
(Pub. L. 94-163, 89 Stat. 871), if any.
12.0 Other Federal Funds - The subrecipient agrees
that if it currently has an open award of federal
funds or if it receives an award of federal funds 0)
E
other than this award, and those awards have
been, are being, or are to be used, in whole or in
part, for one or more of the identical cost items
for which funds are being provided under this
award, the subrecipient will promptly notify, in
0
writing the grant manager for this award, and, if U
so requested by OCJG seek a budget co
modification or change of project scope grant
adjustment notice (GAN) to eliminate any
inappropriate duplication of funding.
13.0 Trafficking in Persons - The subrecipient must
comply with applicable requirements pertaining to
prohibited conduct relating to the trafficking of
persons, whether on the part of recipients,
subrecipients or individuals defined as
"employees" of the subrecipient. The details of
the recipient and subrecipient obligations related
to prohibited conduct related to trafficking in
FY17/SFY2018 JAG Standard Conditions Page 16 of 16
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ATTACHMENT C
COMPLIANCE WITH COUNTY GUIDELINES
The PROVIDER must furnish to the County the following items:
(a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status;
co
(b) Proof of registration with the Florida Department of Agriculture as required by Florida Statute T_
496.405 and the Florida Department of State as require by Florida Statute 617.01201 or proof of
exemption from registration as per Florida Stature 496.406.
(c) List of the Organization's Board of Directors of which there must be at least 5 and for each
board member please indicate when elected to serve and the length of term of service;
(d) Evidence of annual election of Officers and Directors;
(e) Unqualified audited financial statements from the most recent fiscal year for all
organizations that expend $150,000 a year or more; if qualified, include a statement of
deficiencies with corrective actions recommended/taken; audit shall be prepared by an
independent certified public accountant (CPA) with a current license, in good standing with 0)
the Florida State Board of Accountancy. If the PROVIDER receives $100,000 or more in 2
grant funding from the County:
a. The CPA that prepares the audit must also be a member of the
American Institute of Certified Public Accountants (AICPA);
b. The CPA must maintain malpractice insurance covering the audit c
services provided and
c. The County shall be considered an "intended recipient" of said
audit.
(f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules;
LU
(g) Organization's Corporate Bylaws, which must include the organization's mission, board and
membership composition, and process for election of officers; �-
(h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, �--
drug and alcohol-free workplace provisions, and equal employment opportunity provisions;
(i) Specific description or list of services to be provided under this contract with this grant (see
Attachment B); i
Q) Cooperation with County monitoring visits that the County may request during the contract year;
and
(k) Other reasonable reports and information related to compliance with applicable laws, contract
provisions and the scope of services that the County may request during the contract year.
T
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C.11.a
ATTACHMENT D
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of U
being placed on the convicted vendor list."
I have read the above and state that neither f . ' ` _ (Respondent's name)nor any
Affiliate has been placed on the convicted vendor list within the last 36 months.
(Si re)
76
Date: >
ca
U-
TO BE COMPLETED Y NOTARY (fry accordance with State rotary requirements)
Mate of � Ypt Ili Ct
County of_ �1ca
T
The foregoing instrument was acknowledged before me, by means of ❑ physical presence or® online
r:
notarisation, this day of r'� ' �®(month) (year), by �-f) ezwl
.�
co
(name of officer or agent, title of officer or agent)of ame of U'
entity}.
Personally Known
Produced Identification Type of ID and number on ID I�r`
(SEAL) �' /
Signature f, otary
a N LOU
�
A
My COMMISSION 7
EXPIRE&Aprl 1 ,
PW
41
Packet Pg.357
C.11.a
ATTACHMENT E
SWORN STATEMENT UNDER ORDINANCE NO. -199
COUNTY,MONROE FLORIDA
ETHICS CLAUSE
, " ,
(Company) C44
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1 90. For breach or violation of this provision
the County may, in its discretion, terminate this Agreement without liability and may also, in its
discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any
fee, commission, percentage, gift, or consideration paid to the former County officer or employee."
0
Date:
0
i
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TO BE COMPLETEDY NOTARY (ire accordance with State rotary requirements)
State of
Id
County of Cylovlrucl
0
The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ® online co
notarization, this day of (month), (year), by � ` l� �Le U-
(name of officer or agent, title of officer or agent) of6y -e (name of
F
antlty). E
I Personally Known
Produced Identification: Type of ID and Number on ID.---
(SEAL)
l' t k( f
r �u��K..
� DEN signature of 6tary y
.,.: 81
42
Packet Pg.358
C.11.a
ATTACHMENT F
DRUG-FREE1
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Dame of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition. U
. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or services as set forth and funded
pursuant to the Grant Agreement a copy of the statement specified in subsection (1}. E
4. In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under contract, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
polo contendere to, any violation of Chapter 8 (Florida Statutes) or of any controlled
substance law of the United States or any Mate, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Impose a unction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation LU
of this section.
As the person authorized to sign the statement, I certify that this organization complies fully with the
above requirements,
t � i
Date: - -
W
TO BE COMPLETEDY NOTARY (in accordance with State notary requirements) E
Mate of F 0-rl t
County of '
�f c
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T_
The foregoing instrument was acknowledged before me, by means of❑ physical presence or 0 online >_
notarization, this3lik day of, (month),, (yeaee), byC
(name of officer or agent, title of officer or agent)of d 6 d-
4. �,Zi� `,' �' ! ' (name of E
®
entity).
Personally Known
Produced Identification: Type of ID and Number on ID
(SEAL)
1
fit
'N
#1 Ul l ignatu o of N tary —
y C MMI
u:Aril f 9,DFMW2
` —ta,y cu r
43
Packet Pg.359
C.11.b
J BOARD OF COUNTY COMMISSIONERS
County of Monroe �$� ` �r'KI n Mayor Sylvia Murphy,District 5
0� I Mayor Pro Tem Danny Kolhage,District 1
The Florida Keys ' 1 Michelle Coldiron,District2
rt 4
' Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
May 22, 2019
Agenda Item Number: C.35
Agenda Item Summary #5602 U-
U
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Janet Gunderson (305) 292-4470 E
No
AGENDA ITEM WORDING: Approval a Resolution authorizing submission of the FDLE 0
Edward Byrne Memorial Justice Assistance Grant applications for funding as recommended by the >
Substance Abuse Policy Advisory Board (SAPAB). Approval to award the annual FDLE 2
Byrne/JAG grant funding allocation to the Guidance/Care Center for the "Women's Jail
Incarceration Drug Abuse Treatment Program" in amount of $44,326.87 and the Heron, "Assisted t�
Living Prevents Recidivism" program in the amount of $20,403.55; Florida Keys Outreach
Coalition, "FKOC Supportive Housing; Substance Abuse Education & Relapse Prevention" in the z
amount of $7,962.77 for State Fiscal Year 2018 (October 1, 2018 - September 30, 2020), totaling >-
$79,597.60. Approval of a Resolution whereby the Monroe County Board of County °°
Commissioners agree to serve as the coordinating unit of government in the distribution of LO
$79,597.60 in federal program funds in Monroe County, authorizing submission of the applications
to FDLE and Approval to authorize the Mayor to execute acceptance of award and related E
documents and to execute the grant funding distribution letter with FDLE for State fiscal year 2018.
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ITEM BACKGROUND: The Byrne/JAG program is a national formula-based, block grant
program and is administered by the U.S. Department of Justice, Office of Justice Programs.
• The Edward Byrne Memorial Justice Assistance Grant program focuses on improving the
criminal justice system by funding initiatives in local jurisdictions.
• Monroe County's allocation for the upcoming fiscal year is $72,694
t�
• Awards may be approved for a six (6)to eighteen (18) month project period between October
1, 2018 and September 30, 2020. �.
The Substance Abuse Policy Advisory Board (SAPAB) convened on May 7, 2019. The SAPAB is
charged with the responsibility for making recommendations to the BOCC for the annual
distribution of countywide FDLE Edward Byrne Memorial Justice Assistance Grant(JAG) Program
funding. The SAPAB collectively discussed and determined the programs and funding allocations
to recommend to the BOCC for Byrne Memorial JAG funding for October 1, 2018 through
September 30, 2020.
Packet Pg.360
C.11.b
PREVIOUS RELEVANT BOCC ACTION: Monroe County has participated in the Bryne Grant
Program since approximately 1990.
CONTRACT/AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution for Submission of Byrne Application
Certificate of Participation
Resolution 152-2019
a�
CD
FINANCIAL IMPACT:
Effective Date: October 1, 2018 0
Expiration Date: September 30, 2020 >
Total Dollar Value of Contract: $72,694
Total Cost to County: $0 c9
Current Year Portion: $10,201.77
Budgeted: No z
Source of Funds: Federal DOJ funds through FDLE
CPI: N/A
Indirect Costs: N/A LO
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: Yes N
LO
County Match: No
Insurance Required: No
N
Additional Details: State Fiscal Year 2018, funding for October 1, 2018 through September
30, 2020.
REVIEWED BY:
Tina Boan Skipped 05/07/2019 4:53 PM E
Christine Limbert Completed 05/07/2019 6:30 PM
Maria Slavik Completed 05/07/2019 9:04 PM
Kathy Peters Completed 05/07/2019 9:15 PM
Board of County Commissioners Completed 05/22/2019 9:00 AM
Packet Pg.361
C.11.c
RESOLUTION NO. 152 - 2019
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA
AUTHORIZING THE SUBMISSION OF GRANT APPLICATIONS TO THE FLORIDA
DEPARTMENT OF LAW ENFORCEMENT FOR THE FFY 2018-19 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT (JAG) PROGRAM
WHEREAS, the Florida Department of Law Enforcement has announced the tentative funding
for Federal Fiscal Year 2018-2019 Edward Byrne Memorial Justice Assistance Grant (JAG) Program;
and
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WHEREAS, the Monroe County Board of Commissioners agrees to serve as the
coordinating unit of government in the preparation of the grant proposals and in the distribution of
funds allocated to Monroe County in the amount of $72,694 with no cash match; and
WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to
the County's current drug control efforts, has recommended certain programs to receive funding to
provide the community with activities focused on drug and alcohol education, prevention, rehabilitation,
and treatment to prevent and control crime and improve the criminal justice system as designated by E
FDLE; and
WHEREAS, to be eligible for consideration of funding, applications are required to be submitted
using the FDLE Subgrant Information Management On-Line (SIMON) grant management system with
the original applications to follow; now therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that:
1. The Mayor is hereby authorized to sign acceptance of awards and all related documents for
the Federal Fiscal Year 2018-2019 grant funds to the Florida Department of Law
Enforcement, Office of Criminal Justice Grants, Edward Byrne Memorial Justice Assistance
Grant Programs;
2. Given the deadlines of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program,
LO
the Board of County Commissioners will review the Monroe County Substance Abuse Policy
Advisory Board's recommendations and ratify the submission of the Edward Byrne Memorial
Justice Assistance Grant applications;
3. cThis res6f!jItion shall be effective upon adoption by the Board of County y
6 ommiss4eners. �
PASD ED A@OPTED by the Board of County Commissioners of Monroe County, Florida, at a
regulg meeting paid Board held on the 22nd day of May, 2019.
Lu ` 'Mayor Sylvia Murphy Yes MONROECOUNTYATTORNEY
U 'oMayor Pro Tem Danny Kolhage Yes ASTOFORM:
=Commissioner David Rice Abstain
CHRISTINE LIMBS T-BARROWS
Commissioner Michelle Coldiron Yes ASSISTANT COUNTY ATTORNEY
Commissioner Heather Carruthers Absent DATE:
' VIN MADOK, CLERK Monroe County oard of County Commissioners
By:
Deputy Clerk Mayor
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