Item C29 �' BOAM)OF COUNTY Y COMMISSIONERS
County o Monroe °vlay-or I is ather Carruthers,District 3
The Fluids Keys Mayer Pro l crn'vl cN:Ile Colriiron. District 2
Craig Cates, District t
David Rice.District 4
Sylvia 1, Murphy,District 5
DAVID P. RICE, COMMISSIONER
IONER
9400 Overseas Highway, Suite 210
Marathon Airport Terminal Building
Marathon, FL 33050
0 305.289.6000
E boccdis4@monroecounty-fl.gov
Interoffice Memorandum
Date-: .tune 12,2020
To: Kevin Marley, Clerk of the Court
County Clerk's Office
From: Commissioner David Rice,District 4
RE6 NOTICE OF VOTING CONFLICT
Per Florida Statute 11.2.3143, I hereby disclose by written memorandum that I wiH
abstain from the Vote on certain issues brought before the Monroe County Board of
Commissioners with entities with which l am involved.
I will abstain from the vote on issues concerning the Following entities:
Guidante Care Center,Inc.,a private:, not-for-profit entity, which receives some of its
operational Funding From the County,as I currently sit on the Board of Directors of the
Guidance Care Center. I am also a member of the Board of the Historic Florida Keys
Foundation, Inc.
At the June 17,2020 BOCC meeting, I will abstain from the vote on items):
(,'24 & C29
Cop, of agenda item listing from the Revised Agenda for each of the referenced Item(s)is included for
documentation.
ATT. State Form 8B 21lemorandum of Toting Conflict for County,Municipal,and Other Local Elected
Officers
FORM 8B MEMORANDUM OF 'VO TIN G CONFLICT FOR,
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
rLA�S_TNAME—FRST I_J;�ME—MIDDr E NAME NAME Or SOARD COUNCIL C MMISSION,AUTHO;R4 �,JCOMW'71,PE
M6nrva___e 0 I-IL
r,,TTILING ADDRESS THE BOARD,GOUN!�CIL,�COMWIIOPN,AUTHORITY OR COMMnTEE ON
J�n_of:
Mon—lineibi�r-if Ln - WHCH i SERVE IS A UNT 9f:
CITY COUNTY-- �_l OUNTY Q OTHER LOCAL AGENCY
1 ,_.' 'Y n
NAME OF POLITICA SDOASi N
Moo t)ti
DATE ON WHICH V07E OCCURRED
Y POSIT] IS
)iCELECTf E ZI APPOINTIVE
WHO MUST FILE FORM 813
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council,
commission, authority, or Committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of
interest under Section 112 3143, Florida Statutes
Your responsibdities under the law when faced with voting on a measure in which you have a conflict of interest will v"greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing and filing the form
F_
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAI N from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained) to the special private gain or loss of a
relative, or to the special private gain or loss of a business associate Commissioners of community redevelopment agencies(CRAS)under
Sec. 163,356 or 163.357, FS , and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited
from voting in that capacity-
For purposes of this law, a 'relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister- father-in-law,
mother-in-law, son-in-law, and daughter-in-law, A'business associate" means any person or entity engaged in or caning on a business
enterprise with the officer as a partner, joint venturer, ccowner of property, or corporate shareholder (where the shares of the corporation
are not listed an any national or regional stock exchange)
ELECTED OFFICERS.
in addition to abstaining from voting in the situations described above you must disclose the conflict.-
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting- and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting, who should Incorporate the form in the minutes.
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above. you are not prohibited by Section 112,3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN-
• You must complete and file this form (before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes (Continued an page 2)
CE FORM 80-EFF t1/2013 PAGE I
Adopted by referem;e in Rule FA,C
i
APPOINTED OFFICERS (continued)
® A copy of the form must be provided immediately to the other members of the agency.
{ The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your oonRi&in the measure before participating,
® You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the Form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
I
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, I hereby disclose that on ,202
(a)A measure came or will come before my agency which (check one or more)
inured to my special private gain or loss; l
inured to the special gain or loss of€rry business associate,
inured to the special gain or loss of my relative,
inured to the special gain or foss of by
whom I am retained;or !
1 inured to the special gain or loss of ,which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me,
(b) a measure before my agency and the nature of my conflicting interest in the measure is as follows:
I currently sit on the Beard of Directors of the Guidance Care Center, Inc.
I am also a member of the Board of the Historic Florida Keys foundation, Inc.
l
SEE ATTACHED AGENDA ITEM SUMMARY i
i
i
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer.
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict,
1
i
1
Date Frte &&nature
NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112 317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING- IMPEACHMENT, 3
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED S10.000,
CE FORM 86-EFF 11t2013 PAGE 2
Adopted by refemnce in Kale 3A-7 010f 1 p(fl,FA-C
C.29
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3
The Florida.Keys � � m�� ���r a�i�]�1 Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
June 17, 2020
Agenda Item Number: C.29
Agenda Item Summary #6994
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Janet Gunderson (305) 292-4470
N/A
AGENDA ITEM WORDING: Approval of an agreement with Guidance/Care Center, Inc. (G/CC)
for the "Heron Assisted Living Prevents Recidivism" Program" (Heron), in the amount of
$20,403.00; for July 1, 2019 through September 30, 2020 as recommended by the Substance Abuse
Policy Advisory Board (SAPAB) for funding from FDLE, Federal Fiscal Year 2018 (FFY18),
Edward Byrne Memorial Justice Assistance Grant Program. No match is required.
ITEM BACKGROUND: On April 2, 2020 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(Byrne/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"Women's Jail Incarceration
Drug Abuse Treatment Program" on June 1, 2020 (See Attachment B to the Agreement). The
amount awarded for the program is $20,403.00.
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.
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C.29
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
FFY18 Contract ByrneFunding_Heron
BOCC Agenda 2019-0522_Item C.35
Resolution 152-2019
FINANCIAL IMPACT:
Effective Date: July 1, 2019
Expiration Date: September 30, 2020
Total Dollar Value of Contract: $20,403.00
Total Cost to County: $0
Current Year Portion: $20,403.00
Budgeted: No
Source of Funds: Federal
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount: N/A
Grant: Yes
County Match: $0
Insurance Required: No
Additional Details: N/A
06/17/20 NEW COST CENTER ADDED $20,403.00
FFY2018 Byrne/JAG Heron
REVIEWED BY:
Christine Limbert Completed 06/01/2020 6:56 PM
Christina Brickell Completed 06/02/2020 11:31 AM
Purchasing Completed 06/02/2020 11:34 AM
Maria Slavik Completed 06/02/2020 12:03 PM
Kathy Peters Completed 06/02/2020 12:17 PM
Board of County Commissioners Pending 06/17/2020 9:00 AM
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EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS
AGREEMENT
THIS AGREEMENT is made and entered into this 171" day of June, 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 Guidance/Care Center, Inc.,
a Florida 501c3 not-for-profit corporation hereinafter referred to as "AGENCY."
WITNESSETH
WHEREAS, the Florida Department of Law Enforcement has awarded a sub-grant of Edward U"
Byrne Memorial Justice Assistance to the COUNTY to implement the Guidance/Care Center, Inc.,
d/b/a Heron Assisted Living Prevents Recidivism program; and
WHEREAS, the COUNTY is in need of an implementing agency to provide said services under
this Program; and
WHEREAS, the AGENCY is the sole provider of this program; and
WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial Justice
Assistance Grant funds to the AGENCY in accordance with the COUNTY'S application for the Edward
Byrne Memorial Assistance Grant.
NOW THEREFORE, in consideration of the mutual understandings and agreements set forth
herein, the COUNTY and the AGENCY agree as follows:
1. TERM - The term of this Agreement is from July 1, 2019 through September 30,
2020, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein. ca
2. SERVICES - The AGENCY will provide services, in compliance with all provisions, as
outlined in the Edward Byrne Memorial Justice Assistance Sub-Grant Award, attached, and made a
part hereof (Attachment B). i
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 TWENTY THOUSAND,
FOUR HUNDRED THREE AND NO/100 DOLLARS ($20,403.00). All funds shall be distributed and
expended in accordance with the units of service and unit rate identified in the Project Budget
Narrative as outlined in the grant agreement.
4. INCORPORATION BY REFERENCE - The provisions of those certain documents
entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement
Sub-Grant Award Certificate and Application" and all laws, rules and regulations relating thereto co
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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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services rendered, the unit cost of the services, and all other information required including
supporting documentation validating delivery of services. The original invoice shall be sent to:
Grants Administrator
1100 Simonton Street, Room 2-213
Key West, FL 33040
(b) Payment shall be made after review and approval by the COUNTY within thirty (30)
days of receipt of the correct and proper invoice submitted by the AGENCY.
(c) The County shall only make payment subject to the funded amount above, for the
documented services provided which are reviewed and approved as complying with Monroe County >-
Code of Ordinances, State laws and regulations and Attachment B — Edward Byrne Memorial Justice
Assistance Sub-Grant Award. Evidence of services rendered by the PROVIDER shall be in the form
of a letter, summarizing the units of services with supporting documentation of service delivery
attached. The letter should contain a notarized certification statement. An example of a payment
request cover letter is included as Attachment A.
6. TERMINATION - This Agreement may be terminated by either party at any time, with
or without cause, upon not less than thirty (30) days written notice delivered to the other party.
The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the
AGENCY has received notice of termination.
7. ACCESS TO FINANCIAL RECORDS - The AGENCY shall maintain appropriate financial
records which shall be open to the public at reasonable times and under reasonable conditions for
inspection and examination and which comply with the Agreement incorporated in Section 4 of this
Agreement.
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.
2
0)
9. NOTICES - Whenever either party desires to give notice unto the other, it must be =i
given by written notice, sent by registered United States mail, with return receipt requested, and
sent to:
FOR COUNTY: FOR PROVIDER: 0)
E
Grants Administrator Maureen Dunleavy, MA, NCC LMHC
1100 Simonton Street, Room 2-213 Area Director ca
Key West, FL 33040 Guidance/Care Center, Inc., d/b/a The Heron
3000 41s' Street Ocean
Marathon, FL 33050 c
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Copies of all default notices, notices of breach, termination, legal claim, or indemnity copied
to:
WestCare Foundation, Inc.
Attn: Executive Vice President
1711 Whitney Mesa Drive
Henderson, Nevada 89014
Either of the parties may change, by written notice as provided above, the addresses or
persons for receipt of notices.
10. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida
Department of Law Enforcement cannot be obtained or cannot be continued at a level sufficient to
allow for the services specified herein, this Agreement may then be terminated immediately, at the
option of the COUNTY, by written notice of termination delivered in person or by mail to the
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AGENCY at its address specified above. The COUNTY shall not be obligated to pay for any services
provided by the AGENCY after the AGENCY has received notice of termination.
11. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to
this Agreement, the AGENCY shall abide by all statutes, ordinances, rules, and regulations
pertaining to, or regulating the provision of, such services, including those now in effect and
hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida
and Article 1 of the United States Constitution, which provide that no revenue of the state or any
political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious
denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances,
rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery
of written notice of termination to the AGENCY. If the AGENCY receives notice of material breach, �-
it will have thirty days in order to cure the material breach of the contract. If, after thirty (30)
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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 E
of law or by the COUNTY.
14. INDEMNIFICATION - The AGENCY covenants and agrees to indemnify and hold
harmless Monroe County Board of County Commissioners from any and all claims and causes of
action for medical malpractice, medical negligence, bodily injury (including death), personal injury,
and property damage (including property owned by Monroe County) and any other losses,
damages, and expenses (including attorney's fees) which arise out of, in connection with, or by >-
reason of services provided by the AGENCY occasioned by the negligence, errors, or other wrongful --
act or omission of the AGENCY'S employees, agents, or volunteers.
2
15. ENTIRE AGREEMENT i
(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.
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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.
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[THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW]
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C.29.a
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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Guidance/Care Center, Inc., a Florida
501c3 not-for-profit corporation,
NMI (Federal ID No._. }
--Witness
. .,. w
By
Witness Di rector
Guidance/Care Center, Inc., a Florida
501c3 not-for-profit corporation
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ATTACHMENT A
ORGANIZATION
LETTERHEAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the units of services provided for (Organization name) for the period >-
of
r-
2
Number of Units
Unit Type Provided for Program Unit Cost Amount Due
0
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 ca
not be submitted for payment to any other funding source.
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Authorized Signatory
Attachments (supporting documentation)
0)
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TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) ca
State of
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County of co
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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ATTACHME C.29.a
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
CERTIFICATE OF SUBAWARD
Subrecipient: Monroe County Board of Commissioners
Subrecipient DUNS: 073876757
Date of Award:05/03/2020
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CD
Grant Period: From: 07/01/2019 TO: 09/30/2020
Project Title: ASSISTED LIVING PREVENTS RECIDIVISM
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Subgrant Number: 2020-JAGC-MONK-3-Y5-113 2
Federal Funds: $20,403.00
Matching Funds: $0.00
Total Project Cost: $20,403.00
CFDA Number: 16.738
Federal Award Number:2018-MU-BX-0292
Federal Awarding Agency: U.S. Department of Justice(USDOJ)
Pass-through Entity: Florida Department of Law Enforcement(FDLE)
Research and Development: No
Indirect Cost: No
A subaward agreement is entered into by and between the Florida Department of Law Enforcement(herein referred to
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
W
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
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NOW THEREFORE, in consideration of the foregoing:
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,
Page 1 of 2
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Edward Byrne Memorial Justice Assistance grant(JAG) Program
CERTIFICATE )
purchase orders,original receipts, invoices,canceled checks or EFT records,or bank statements,as applicable.
Payment shall be contingent upon theDepartment's grant manager receiving and accepting the invoice and requested
supporting documentation.
The Sureciient must provide Performance Reports on either a monthly or quarterly basis, as designated in the
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Performance Section of the agreement,to the Department attesting to the progress toward deliverables and to r-
CD
validate the required minimum acceptable level of service performed. Performance Reports are due no later than 1
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
( J ) Financial Guide, and/or the Office of Management and Budget(OMB) Uniform Grant Requirements(2 C.F.R.
Part ),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.
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Failure to comply with provisions of this agreement,or failure to meet minimum performance specified in the cJ
agreement will result in required corrective action up to and including project costs being disallowed,withholding of
federal funds and/or termination of the project,as specified within the terms of the agreement and OMB Uniform
uin 200.33 -200. 42.
m
thorized Official D to
Rona Kay Cradit
Bureau Chief
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This award is subject to the special conditions(if any)prescribed below.
of 54204: WITHHOLDING OF FUNDS: Contracts under this subaward must comply with the Office of
Management and Budget(OMB), Uniform Requirements,2 C.F.R.200 Appendix II. Prior to the execution of the
subcontract and drawdown of funds for contractual services,the Monroe County Board of Commissioners must submit
draft of the contractual agreement between Monroe County Board of Commissioners and The Guidance/Care
Center to the Office of Criminal Justice Grants. i
Ref#S42 5: 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.2 . 1. Prior to the drawdown of
funds for contractual services for a tiered subrecipient,the Monroe County Board of Commissioners must submit
copy of the risk assessment and monitoring tool used for subrecipient management to the Office of Criminal Justice
Grants.
Ref#S 217 : At the time of application approval,the Monroe County had not submitted a current[EEO Plan, and/or
Approval Letter]to the Office of Criminal Justice Grants.The documents must be maintained and provided to the
Office of Criminal Justice Grants at monitoring.
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Edward Byrne Memorial Justice Assistance Grant(JAG) Program
ACCEPTANCE OF FEDERAL FUNDING ASSISTANCE
Subrecipient:Monroe County Board of Commissioners
Subgrant Number:2020-JAGC-MONR-3-Y5-113
Project Title:ASSISTED LIVING PREVENTS RECIDIVISM
Pass-through Entity:Florida Department of Law Enforcement C44
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.
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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.
Monroe County Board of Commissioners
Authorizing Official ICommission Chairperson,Mayor,or Designated Representative) m
Signature at
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Heath 'Carruthers,Mayor
_......_�.... _._..._n.. _. .......... ...........Vri
Nameand Title �-
2
Monroe County Board of Commissioners W
Authorizing Off al(Offi 'al,Administrator,or Designated Representative) i
7,
Signature ate -
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Heather Carruthers,Mayor
Printed Name and Title
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Florida Department of Law Enforcement co
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Office 'urinal Justice �-
p ..
I
Sig ure Date
___Title .........
Printed Name and
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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
Chief Official
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Name: Heather Carruthers U_
Title: Mayor
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Address: 530 Whitehead Street
City: Key West
State: FL Zip: 33040-6547
Phone: 305-292-3430 Ext:
Fax: 305-292-3577
Email: carruthers-heather@monroecounty-fl.gov
Chief Financial Officer
Name: Kevin Madok
Title: Clerk of Court
Address: Post Office Box 1980
City: Key West
State: FL Zip: 33041-1980 �-
Phone: 305-295-3130 Ext:
Fax:
Email: kmadok@monroe-clerk.com i
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Contract# 2020-JAGC-MONR-3-Y5-113
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Implementing Agency
Organization Name: Monroe County Board of Commissioners
County: Monroe
Chief Official
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Name: Heather Carruthers
Title: Mayor
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Address: 530 Whitehead Street
City: Key West
State: FL Zip: 33040-6547
Phone: 305-292-3430 Ext:
Fax: 305-292-3577
Email: carruthers-heather@monroecounty-fl.gov
Project Director E
Name: Janet Gunderson
Title: Senior Grants and Finance Analyst
Address: 1100 Simonton Street
Room 2-213
City: Key West >_
State: FL Zip: 33040-3110 --
Phone: 305-292-4470 Ext:
Fax: 305-292-4515
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Email: Gunderson-Janet@monroecounty-fl.gov
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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)?
Answer: No
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Question: Is your jurisdiction subject to any laws from a superior political entity (e.g., a state law
that binds a city) that meet the description in question 1?
Answer: Yes
Question: If yes to either#1 or#2, describe each practice AND provide a copy of each law or
policy to criminaljustice@fdle.state.fl.us.
Answer: Chapter 908 F.S.
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Project Information
Project Title: ASSISTED LIVING PREVENTS RECIDIVISM
Subgrant Recipient: Monroe County Board of Commissioners
Implementing Agency: Monroe County Board of Commissioners
Project Start Date: 7/1/2019 End Date: 9/30/2020 C44
Problem Identification
Both locally and nationally,jails/prisons contain a significant number of non-violent mentally ill 2
men and women. According to the Bureau of Justice Statistics May 2018 special report, Five in 6
(83%) state prisoners released in 2005 across 30 states were arrested at least once during the 9
years following their release. The remaining 17% were not arrested after release during the 9-year
period of released prisoners during the follow-up period.
About 4 in 9 (44%) prisoners released in 2005 were arrested at least once during their first year
after release. About 1 in 3 (34%) were arrested during their third year after release, and nearly 1
in 4 (24%) were arrested during their ninth year.
The Heron Assisted Living Facility provides stable, affordable, supportive housing to adults with
mental illness and who are dually diagnosed (with mental illness and a history of substance
abuse). In the "Housing First" model, whereby housing is the critically required component in
order to make recovery successful, It has been shown that once people have housing they are
more receptive to participating in other programs to deal with mental health and substance abuse
issues. The supportive services we provide improve the residents' ability to manage his/her W
mental illness and maintain sobriety- therefore greatly reducing the risk of recidivism and
improving the quality of life of this very vulnerable population. Information provided by the Monroe
County Sheriffs Office indicates that it costs approximately $80.40/day to maintain a prisoner in i
the County Jail. The daily cost of a stay at North Florida Evaluation and Treatment Center (State
Funded Forensic Mental Health Facility) is $407.44 The cost for a bed day at The Heron is
$78.84 and provides a therapeutic environment with access to an array of psychosocial
rehabilitation activities. 0)
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The problem of incarceration of adults with mental illness and substance abuse, especially those
who are not major offenders, remains a significant concern. Almost all jail inmates with
co-ocurring mental illness and substance use disorders will leave correctional settings and return
to the community. Monroe County has only one Assisted Living Facility with a Mental Health
License serving a total of 16 low-income residents (The Heron). The Monroe County Homeless co
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Services Coalition from the 2018 Point-in-Time study performed indicated that there were 973
homeless people in Monroe County at that time. 8% indicated they had a disabling mental health
condition. 18% identified substance abuse conditions. These are the very populations that our
proposed project will serve. The survey indicates that of the subpopulations of the homeless, one
of those with the greatest need and the least resources to serve were the mentally ill. Homeless
people with mental illness have been identified as a priority area of need. Outreach, intake, and
assessment are core elements of our supported services. In fact, the problems of inappropriate
incarceration and its link to homelessness have become so epidemic that the federal Substance
Abuse and
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Contract# 2020-JAGC-MONR-3-Y5-113
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Mental Health Services Administration (SAMHSA) has identified major initiatives "to divert
individuals with mental illness from the criminal justice system to mental health treatment and
appropriate supported services". The Heron is the only Assisted Living Facility of this kind in
Monroe County serving this population: providing housing with support services to adults who are
persistently and chronically mentally ill. By directing these type clients to The Heron and similar _
programs, whether through diversion upon entry to the criminal justice system or at reentry, we
can provide a cost effective, stable housing and the supportive services necessary for successful
community integration, and therefore decreasing the likelihood of recidivism.
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In past year's The Heron has been able to offer a more effective recovery environment than 2
alternatives such as homelessness, correctional institutions, and state psychiatric hospitals.
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This is a continuation of grant number 2019-JAGC-MONR-1-N2-089.
Project Summary (Scope of Work)
The Heron will provide housing and supportive services to 3 men or women who are mentally ill E
and have a history of both incarceration and substance abuse or dependence. Residents will
maintain sobriety and will not be re-incarcerated or re-institutionalized for the entirety of their
residency at The Heron. This will be accomplished through community integration and on-site
support activities provided by direct care staff on site at The Heron. Heron direct care staff are not
required to be licensed to provide support activities. LU
The Heron program staff will provide the supportive services to each individual. Services will be
documented in the form of a daily summary note and filed in the client record. Components of this
documentation will include:
1. Specific interventions provided by staff to support each participant
2. Activities that the resident participated in that support the program goals
3. Identification of risk factors that may inhibit success in obtaining the goals
4. Intensified efforts to address relapse, criminal activity, and psychiatric decompensation.
The grant funds will cover personnel costs to provide direct supportive services through a bundled _
daily rate.
The residents will be evaluated to assure that a comprehensive support plan is developed to
address their complex needs. Each resident will be oriented to the Heron environment and
educated on all the services and options available to them. Each resident will be assigned a semi
-private room with space to keep personal items safe. They will be housed in a safe, nurturing, CO
substance-free environment. Additionally, Direct Care staff provide the following daily assistance
to support residents of The Heron:
*Medication Supervision
*Meal preparation E
*Coordination of physical and behavioral health services
*Coordination of access to education and employment
*Linkage to legal services
*Coordination of transportation to all ancillary services
*Coordination of access to social and religious opportunities
*Coordination of access to entitlements
*Assistance with money management
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Contract# 2020-JAGC-MONR-3-Y5-113
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
The grant will be charged for these activities from 7/1/19 to 9/30/2020. These activities will be
performed on a daily full time basis.
Deliverables will be completed in accordance with the contractual agreements between the
subrecipient and their local vendor/providers.
Documentation of deliverables performed by the subrecipient and their local contractors/providers
must be maintained by the subrecipient and made available for monitoring. Example
documentation includes, but not limited to, purchase orders, packing slips, delivery/receivable
documents, invoices, proof of payment, etc. Documentation for services include, but are not
limited to client activity logs, participant sign-in sheets, timesheets and/or billing documentation.
Documentation and minimum performance required for drawdown of funds includes the
completion of at least one activity described in the scope of work above as attested to on the
financial expenditure/claim report.
All activities discussed in the scope of work or project deliverables are for the local government
and implementing agency identified on this award unless noted otherwise. No other local, state or
federal funds will be leveraged for the cost elements identified in this agreement.
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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: 95
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Question: What is the name of the jurisdiction(s) your agency provides service to. (e.g., City of T_
Miami, Orange County, State of Florida)
Answer: Monroe County
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Question: What is the address of the location being used to provide services for this project?
Answer: 67 Coco Plum Drive
Marathon, FL 33050
Question: Describe your agency. (e.g., non-profit, community based, government)
Answer: Local Government
Question: Have you verified that the subgrantee has an active and current registration in
SAM.gov?
Answer: Yes
Question: What is the Operating Capital Outlay threshold used by the subgrantee?
If the implementing agency is a sheriffs office, indicate the sheriff's office's threshold
instead.
Answer: N/A
Question: Does the subgrantee receive a single grant in the amount of$750,000 or more from
the U.S. Department of Justice?
Answer: No
Question: Does the implementing agency receive a single grant in the amount of$750,000 or
more from the U.S. Department of Justice? W
Answer: No
Question: In your organization's preceding completed fiscal year, did your organization (the
subgrantee) receive at least (a) 80 percent or (b) $25,000,000 of your annual gross
revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or
cooperative agreements? co
Answer: Yes �-
Question: If you answered yes above, does the public have access to information about the
compensation of the executives in your organization (the subgrantee) through
periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of
1986? If answer to Part 1, above, was "no," answer N/A.
Answer: Yes
Question: What is the combined population of the jurisdiction(s) your agency provides services
to (according to the 2010 census)?
Answer: 73090
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Contract# 2020-JAGC-MONR-3-Y5-113
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Performance Info:
Performance Reporting Frequency: Quarterly
Prime Purpose Area: 10 - Behavioral Health
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State Purpose Area: 1 G - General Questions C44
Objectives and Measures
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Objective: General Questions - General Questions for All Recipients
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Measure: General01 ca
Will your organization be using the crimesolutions.gov website during the grant
period regardless of JAG funding? Crimesolutions.gov provides information on
several crime reduction and prevention programs and practices.
Goal: No
Measure: General02
Will your organization be using the The National Training and Technical Assistance
Center (NTTAC) during the grant period, regardless of JAG funding? The NTTAC LU
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
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Measure: General03
Will your organization be using the NCJP.org website during the grant period,
regardless of JAG funding? NCJP.org contains resources to support strategic _
planning, program development, and implementation of evidence-based policy and E
practice.
Goal: No
Measure: General04
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Will your organization be using the Evidence-Based Policing Matrix during the grant
period regardless of JAG funding? The Evidence-Based Policing Matrix provides
information on evidence-based practices for law enforcement.
Goal: No
Measure: 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
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Contract# 2020-JAGC-MONR-3-Y5-113
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Will your organization be using Research to Practice during the grant period
regardless of JAG funding? Research to Practice promotes the dissemination of
research on drug courts to practitioners and policymakers.
Goal: No
Measure: General07
Will your organization be using any other resources during the grant period
regardless of JAG funding? If yes, please describe them.
Goal: No
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Measure: General08
During the grant period, will your agency conduct or sponsor (with or without JAG
funds) a survey or focus group of citizens on any of the following topics? Enter all
that apply from the following list: Public satisfaction with police services; public
satisfaction with prosecution services; public satisfaction with public
defender/indigent defense services; public satisfaction with courts; public perceptions E
of crime/disorder problems; personal crime experiences of citizens; none of the
above; unsure/don't know.
Goal: Yes, outreach and promotion via newsletter and social media.
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
bulletin; attending community events; conducting social media activities; conducting
outreach to minority populations; other (please describe) 0)
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Goal: A monthly newsletter is published by our Corporate affiliate, WestCare, and on
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occasion includes contributions from the Heron. The Heron also promotes the
program via social media (Facebook).
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Measure: General10 co
Law Enforcement Agencies ONLY: In which of the following ways has your agency U_
fostered community involvement in the last year? Enter all that apply from the
following list: Citizen Review Board or other review board with citizen representation,
Citizen's Police Academy, Internships for university or high school students,
Volunteer Program, Auxiliary police officer program, Police Cadet Program, k-12
school programs, Youth Athletic Programs, Other (please Describe), None of the
above, Unsure/Don't know.
Goal: N/A
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Contract# 2020-JAGC-MONR-3-Y5-113
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Measure: General11
Identify the goal(s) you hope to achieve with your funding. If you have multiple goals,
describe each goal separately.
Goal: The goals of this program are:
1. Significantly reduce or eliminate re-arrest or re-incarceration of program rF
participants
2. Significantly reduce or eliminate re-institutionalization of program participants
3. Significantly reduce or eliminate substance use by program participants
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Measure: General12
Are the subrecipient and implementing agency aware that they will be required to
report on the status of the identified goals during each reporting period?
Goal: Yes
Measure: General13
Describe any barriers you may encounter which may prevent you from achieving
your identified goal(s).
Goal: Goals 1 & 2: Medication adherence is critical w/the SPMI population as a contributing >-
factor in reducing the behaviors that contribute to arrest, incarceration & �-
institutionalization. This population is inherently averse to long-term medication
compliance & this often becomes a challenge.
Goal 3: Mental illnesses can lead to drug abuse. Individuals with overt, mild, or even i
subclinical mental disorders may abuse drugs as a form of self-medication (NIH
Sep2010).
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Measure: General14 E
Are you aware that the Office of Criminal Justice Grants encourages recipients to
report on any noteworthy accomplishments, success stories, or program results that
they would like to showcase?
Goal: Yes
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Measure: General 11 b U_
What major activities are planned for each of your goals listed in question 11?
Goal: A comprehensive support plan is developed to address the residents' complex
needs. Daily assistance includes:
1. Medication Supervision
2. Meal Preparation
3. Coordination of phys. & behavioral health svcs
4. Coordination of access to education & employment
5. Linkage to legal services
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Contract# 2020-JAGC-MONR-3-Y5-113
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
6. Coordination of transportation to all ancillary services
7. Coordination of access to social & religious opportunities
8. Coordination of access to entitlements
9. Assistance with money management
State Purpose Area: 5C - Consultants/Contracts >_
Objectives and Measures
Objective: Consultants/Contracts - Questions for all recipients using consultants/contracts.
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Measure: Consultants1
Please describe what consultants/contracts will be paid for with JAG funds during the _
grant period. Include names, titles and areas of expertise where applicable.
Goal: Monroe County will enter into an agreement with the service provider,Guidance/Care E
Center, a 501 c3 not-for-profit corporation, d/b/a The Heron Assisted Living. For more 2
than 30 years the Heron has been providing stable, affordable, supportive housing to
adults who are mentally ill and have a history of both incarceration and substance
abuse or dependence.
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
General Financial Info:
IC IH fi and a I� ° iftta .... iflH be sent to the CM IF� and a I� Off i�cer
of the ranter a i� abon.
Financial Reporting Frequency for this Subgrant: Quarterly
Is the subgrantee a state agency?: No
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FLAIR/Vendor Number: 596000749
Budget:
Budget Category Prime Match Total
Salaries and Benefits $0.00 $0.00 $0.00
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Contractual Services $20,403.00 $0.00 $20,403.00 2
Expenses $0.00 $0.00 $0.00
Operating Capital $0.00 $0.00 $0.00 >-
Outlay
Indirect Costs $0.00 $0.00 $0.00
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--Totals -- $20,403.00 $0.00 $20,403.00
Percentage 100.0 0.0 100.0
Project Generated Income:
Will the project earn project generated income (PGI)? No
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Contract# 2020-JAGC-MONR-3-Y5-113
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
Budget Narrative:
The budget reflects costs directly associated with the prevention of Recidivism in Dually
Diagnosed Adults residing in the Heron Assisted Living facility in Marathon, Florida.
All services provided at The Heron are included in a bundled daily rate. rF
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DCF Unit Cost Budget Byrne Grant Related �-
(12 Months) (6 Months)
Total Op Budget: $393,410 $20,403.00
Unit of Service: A day in residence A day in residence
Min Svice Level: 3,723 days (min.) 497 days (capacity)
Unit Rate: $105.67 $41.10
Byrne Grant Budget
Grant Funding: $20,403.00
Unit of Service: A day in residence
Units of Svc: Approx. 497 days
Unit Rate: $41.10
Note that, while some of the costs of a bed day are partially covered by client fees and DCF
state funding, the DCF invoice process assures that there will be no supplanting or double billing:
1. DCF funding is the payer of last resort so any client payments (which are no way coveringthe
full costs -determined to be $105.67 per day per the state funding contract approved July 1, 2018), >-
the HSAB funding and the FDLE funding are reported to offset any state funding that may be due. --
Other funding is reported in the DCF invoices so as not to double bill. Of note is that all three
types of payments are considered as fulfilling the match requirement.
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2. The Byrne grant is only covering a portion of the cost (and)
3. DCF does not cover all of the client bed days/costs. The funding is limited by contract.
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The line item is in the budget category of"Contractual Services." A contract with the treatment
provider will be developed to be utilized during the established grant period.
Monthly invoices are provided to Monroe County by the treatment provider, including units of
service provided each month. Documentation summarizing the number of days that each eligible
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client resided in the facility is available upon request. Invoices are reviewed by County Office staff >_
for approval of payment. Any costs overruns will be paid for by the Monroe County.
TOTAL PROGRAM COST: 497 bed days (3 eligible residents per day x 166 days) times $41.10 =
$20,426.70. $20,403.00 will be funded by Byrne.
5% funded by FDLE, 95% funded by other State and County grants. There will not be any Program
Generated Revenue.
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Contract# 2020-JAGC-MONR-3-Y5-113
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Application for Funding Assistance
Florida Department of Law Enforcement
Justice Assistance Grant - County-wide
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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
Question: If Expenses or Operating Capital Outlay are included in your budget, what will be the
method of procurement for those items? (e.g., competitive bid, sole source, state term
contract)
Answer: N/A
Question: If indirect cost is included, explain the indirect cost plan. Provide documentation of
approval.
Answer: N/A
Question: If contractual services in the budget are based on unit costs, provide a definition and
breakdown of cost for each service. Include the methodology for the unit cost plan
and when it was approved.
Answer: One (1) unit of service = One (1) day in residence.
Unit Rate = $41.10 per unit of service or per day in residence.
The unit cost rates were derived by using the unit rates from state funding contract
with South Florida Behavioral Health Network (SFBHN), for Substance Abuse and
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Mental Health (SAMH) services with the service provider.
A contractual agreement will be executed between Monroe County and the service
provider that will define the terms of the services to be provided.
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Edward Byrne Memorial Justice Assistance Grant (JAG) Program
SUBAWARD STANDARD CONDITIONS
The State of Florida, Department of Law Enforcement(FDLE) is a recipient of federal JAG funds. FDLE, as the non-
federal pass-through entity and State Administering Agency(SAA)for this program, subawards JAG funds to eligible
units of government. All subawards made by FDLE to units of government under this program require compliance
with the agreement and Standard Conditions upon signed acceptance of the subaward. >_
Upon approval of the application, or subaward, the following terms and conditions will become binding. As a unit of
government, the subrecipient will maintain required state and federal registrations and certifications for eligibility
under this program. For JAG-Countywide subawards, the designated County Coordinator for local units of
government will submit documentation in accordance with Florida Administrative Code 11 D-9 supporting the strategic
planning for allocation of these funds. The subrecipient agrees to submit required programmatic and financial reports
supporting eligible activities were completed in accordance with the grant and program requirements. CJ
CJ
The Department will only reimburse subrecipients for authorized activities. The Department will not reimburse for
costs incurred for any purpose other than those specified in the agreement. Failure to comply with provisions of this _
agreement, or failure to perform grant activities as specified in the agreement, will result in required corrective action
up to and including financial consequences. A financial consequence may be imposed for non-compliance in
accordance with 2 C.F.R. § 200 and these Standard Conditions, including but not limited to project costs being
disallowed, withholding of federal funds and/or termination of the project.
GENERAL REQUIREMENTS
All subrecipients must comply with the financial and administrative requirements set forth in the following:
Current edition of the U.S. Department of Justice(DOJ)Grants Financial Guide
https://oil2.gov/financlaigul /DOJ FinancialGuide.pdf
Office of Management and Budget(OMB) Uniform Grant Guidance(2 CFR Part 200)
Subpart A, Definitions
Subparts B-D,Administrative Requirements
Subpart E, Cost Principles I
Subpart F,Audit Requirements and all applicable Appendices
Code of Federal Regulations: w.gl2o.gov/fdsys/
2 C.F.R.§175.15(b),Award Term for Trafficking in Persons _
28 C.F.R.§38, Equal Treatment for Faith-Based Organizations E
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:
ttp://dos. yflorida.com/media/693574/general-records-schedulegs1-sl.pdf and
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http://dos.myflorida.com/media/698314/gs2-si-201 Z:En2!&qf
State of Florida Statutes
Section 215.971, F.S.,Agreements funded with federal or state assistance
Section 215.985, F.S.,Transparency in government spending
FY18 JAG Standard Conditions Page 1 of 16
Rev. 04/2019
24
Packet Pg.827
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,
award. materials and supplies, services, travel, and up to the
first $25,000 of each subaward (regardless of the r
Equipment means tangible personal property period of performance of the subawards under the
(including information technology systems) having a award). MTDC excludes equipment, capital
useful life of more than one year and a per-unit expenditures, charges for patient care, rental costs,
acquisition cost which equals or exceeds the lesser of tuition remission, scholarships and fellowships,
the capitalization level established by the non-Federal participant support costs and the portion of each
entity for financial statement purposes, or$5,000. See subaward in excess of$25,000. Other items may only
also §§200.12 Capital assets, 200.20 Computing be excluded when necessary to avoid a serious
devices, 200.48 General purpose equipment, 200.58 inequity in the distribution of indirect costs, and with
Information technology systems, 200.89 Special the approval of the cognizant agency for indirect U
purpose equipment, and 200.94 Supplies. costs.
Grant agreement means a legal instrument of Non-Federal entity is a state, local government,
financial assistance between a Federal awarding
Indian tribe, institution of higher education (IHE), or
agency or pass-through entity and a non-Federal nonprofit organization that carries out a Federal
entity that, consistent with 31 U.S.C. 6302, 6304, is award as a recipient or subrecipient. 0)
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
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
entity must include start and end dates of the period
contemplated by the Federal award. y
of performance in the Federal award (see §§200.210
Improper payment means any payment that should
Information contained in a Federal award paragraph
not have been made or that was made in an incorrect (a)(5) and 200.331 Requirements for pass-through
amount(including overpayments and underpayments) entities, paragraph (a)(1)(iv)).
under statutory, contractual, administrative, or other
legally applicable requirements and; Improper Protected Personally Identifiable Information (PII)
payment includes any payment to an ineligible party,
means an individual's first name or first initial and last
any payment for an ineligible good or service, any name in combination with any one or more of types of
duplicate payment, any payment for a good or service information, including, but not limited to social security
not received (except for such payments where numbers; passport numbers; credit card numbers;
authorized by law), any payment that does not clearances; bank numbers; biometrics; date and place co
account for credit for applicable discounts, and any of birth; mother's maiden name; criminal, medical, and
payment where insufficient or lack of documentation financial records; and educational transcripts. This
prevents a reviewer from discerning whether a does not include 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.
procedures in order to expedite the purchase of items
co
costing less than the simplified acquisition threshold. Upon receipt of the ninety (90) day letter, the r"
The simplified acquisition threshold is set by the Department shall determine if the reason for N
Federal Acquisition Regulation at 48 C.F.R. Subpart delay is justified or shall, at its discretion,
2.1 (Definitions) and in accordance with 41 U.S.C. § unilaterally terminate this agreement and re-
1908. As of the publication of this part, the simplified obligate subaward funds to other Department
acquisition threshold is $150,000, but this threshold is approved projects. The Department, where W
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. CJ
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 m
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.
0
Supplies means all tangible personal property other 5.0 Non-Procurement, Debarment and
W
than those described in §200.33 Equipment. A Suspension-The subrecipient agrees to comply
computing device is a supply if the acquisition cost is with Executive Order 12549, Debarment and
less than the lesser of the capitalization level Suspension and 2 C.F.R. § 180, "OMB
established by the non-Federal entity for financial Guidelines To Agencies On Government wide
statement purposes or $5,000, regardless of the Debarment And Suspension (Non-procurement)".
length of its useful life. See also §§200.20 Computing These procedures require the subrecipient to
devices and 200.33 Equipment. certify it shall not enter into any lower tiered
covered transaction with a person who is
SECTION I: TERMS AND debarred, suspended, declared ineligible or is
CONDITIONS voluntarily excluded from participating in this
covered transaction, unless authorized by the
Department. If the subaward is $100,000 or
1.0 Payment Contingent on Appropriation and more, the sub recipient and implementing agency r
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
making false statements, or receiving stolen general inmate population, may be provided,
property; based upon an offender's apparent ability to pay, CD
r
such that disparate conditions of confinement are N
3) Are not presently indicted for or otherwise created for the same or similar offenders within a
criminally or civilly charged by a jurisdiction.
governmental entity (federal, state, or local)
with commission of any of the offenses 10.0 The Coastal Barrier Resources Act - The W
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. CJ
4) Have not within a three-year period 97-348)dated October 19, 1982 (16 USC 3501 et
preceding this application had one or more seq.)which prohibits the expenditure of most new
public transactions (federal, state, or local) federal funds within the units of the Coastal
terminated for cause or default. Barrier Resources System.
6.0 Federal Restrictions on Lobbying - In general,
as a matter of federal law, federal funds may not 11.0 Background Check - Whenever a background
be used by any subrecipient at any tier, either
screening for employment or a background
directly or indirectly, to support or oppose the security check is required by law for employment, CD
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 LU
Another federal law generally prohibits federal positions of trust or responsibility shall be
funds from being used by any subrecipient at any required to undergo security background >-
tier, to pay any person to influence (or attempt to investigations as a condition of employment and
influence) a federal agency, a Member of continued employment. For the purposes of the
Congress, or Congress (or an official or subsection, security background investigations
employee of any of them) with respect to the shall include, but not be limited to, employment
awarding of a federal grant or cooperative history checks, fingerprinting for all purposes and I
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 E
7.0 State Restrictions on Lobbying In addition to criminal records checks through local law
y g i t forcemen agencies.
the provisions contained above, the expenditure en �
of funds for the purpose of lobbying the
legislature or a state agency is prohibited under Such background investigations shall be
this agreement. conducted at the expense of the employing
agency or employee.
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8.0 Additional Restrictions on Lobbying - The
subrecipient understands and agrees that it 12.0 Privacy Certification - The subrecipient must
cannot use any federal funds, either directly or comply with all confidentiality requirements of 34
indirectly, in support of the enactment, repeal, U.S.C. § 10231 and 28 C.F.R. § 22 that are
modification or adoption of any law, regulation or applicable to collection, use, and revelation of
policy, at any level of government, without the data or information. Subrecipient further agrees,
express prior written approval of the Office of as a condition of grant approval, to submit a
Justice Programs. Privacy Certificate that is in accord with
requirements of 28 C.F.R. §§ 22 and, in
9.0 "Pay—to—Stay" - Funds from this award may not particular, 22.23. Privacy Certification forms must
be used to operate a "pay-to-stay" program in be signed by the subrecipient or implementing
any local jail. Furthermore, no funds may be agency chief official or an individual with formal,
given to local jails that operate "pay-to-stay" written signature authority for the chief official.
programs. "Local jail", as referenced in this
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13.0 Conferences and Inspection of Work - must submit an EEO Certification annually within
Conferences may be held at the request of any 120 days of award.
party to this agreement. At any time, a
representative of the Department, of the U.S. Equal Employment Opportunity Program
Department of Justice, or the Auditor General of (EEOP) -A subrecipient or implementing agency
the State of Florida, have the right of visiting the must comply with all applicable requirements in
project site to monitor, inspect and assess work 28 C.F.R. §42, Subpart E.
performed under this agreement.
Subrecipients are advised to use the Office for r
14.0 Insurance for Real Property and Equipment - Civil Rights EEO Reporting Tool to satisfy this N
The subrecipient must, at a minimum, provide the condition (https:Hoip.gov/about/ocr/eeop.htm).
equivalent insurance coverage for real property
and equipment acquired or improved with 3.0 Title IX of the Education Amendments of 1972
Federal funds as provided to property owned by If the subrecipient operates an education
the non-Federal entity. program or activity, the subrecipient must comply
with all applicable requirements of 28 C.F.R. §
15.0 Flood Disaster Protection Act - The sub 54, "Nondiscrimination on the basis of sex in
recipient will comply with Section 102(a) of the education programs or activities receiving federal U
Flood Disaster Protection Act of 1973, Public Law financial assistance."
93-234, 87 Stat. 975, requiring that the purchase
of flood insurance in communities where such 4.0 Equal Treatment for Faith Based Organizations
insurance is available as a condition of the The subrecipient at any tier, must comply with all
receipt of any federal financial assistance for applicable requirements of 28 C.F.R. § 38, "Equal
construction or acquisition purposes for use in Treatment for Faith Based Organizations", 0)
any area that has been identified as an area specifically including the provision for written 2
having special flood hazards. notice to current or prospective program
beneficiaries.
16.0 Immigration and Nationality Act - No public 5.0 Americans with Disabilities Act- Subrecipients
funds will intentionally be awarded to any must comply with the requirements of the
contractor who knowingly employs unauthorized Americans with Disabilities Act(ADA), Public Law
alien workers, constituting a violation of the 101-336, which prohibits discrimination on the >'
employment provisions contained in 8 U.S.C. basis of disability including provision to provide
Section 1324a(e), Section 274A(e) of the reasonable accommodations.
Immigration and Nationality Act ("INA"). The
Department shall consider the employment by 6.0 Section 504 of the Rehabilitation Act of 1973 W
any contractor of unauthorized aliens a violation (28 C.F.R.§42, Subpart G)-Subrecipients must �
of Section 274A(e) of the INA. Such violation by comply with all provisions prohibiting
the subrecipient of the employment provisions
discrimination on the basis of disability in both
contained in Section 274A(e) of the INA shall be employment and the delivery of services.
grounds for unilateral cancellation of this contract _
by the Department. 7.0 Age Discrimination Act of 1975 - Subrecipients
must comply with all requirements in Subpart I of
SECTION II: CIVIL RIGHTS 28 C.F.R. §42 which prohibits discrimination
REQUIREMENTS based on age in federally assisted programs.
1.0 Participant Notification of Non-discrimination 8.0 Limited English Proficiency (LEP) - In
FDLE does not discriminate on the basis of race, accordance with Department of Justice Guidance co
color, religion, national origin, sex, disability or pertaining to Title VI of the Civil Rights Act of
age in the delivery of services, benefits or in 1964, 42 U.S.C. §2000d, subrecipients of federal
employment. financial assistance must take reasonable steps
to provide meaningful access to their programs
2.0 Title VI of the Civil Rights Act of 1964 - The and activities for persons with LEP. FDLE
subrecipient at any tier, must comply with all strongly advises subrecipients to have a written
applicable requirements of 28 CFR § 42, LEP Language Access Plan. For more
specifically including any applicable requirements information visit .Iep.gov.
in Subpart E that relate to an equal employment
opportunity program. 9.0 Finding of Discrimination - In the event a
federal or state court or federal or state
Equal Employment Opportunity Certification administrative agency makes, after a due
(EEOC) -A subrecipient or implementing agency process hearing, a finding of discrimination on
the grounds of race, color, religion, national
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origin, sex, or disability against a subrecipient of financial records and to accurately account for
funds, the subrecipient will forward a copy of the funds awarded to them. Financial management
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 r
FDLE, or with the Office for Civil Rights. interest bearing account, but any earned interest N
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 W
1489, or online at infop_fd le.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 U
Commission on Human Relations, or the Equal share," "match," or cost-sharing contribution
Employment Opportunity Commission, based on incorporated into the approved budget is part of
the nature of the complaint. the "project cost" for purposes of the 2 C.F.R. §
200 Uniform Requirements, and is subject to
Discrimination complaints may also be submitted audit. In general, the rules and restrictions that
to the Office for Civil Rights, Office of Justice apply to award funds from federal sources also m
Programs, U.S. Department of Justice, 810 7t" apply to funds in the approved budget that are 0)
Street, Northwest, Washington, D.C. 20531, or by provided as"match"or through"cost sharing."
phone at(202)307-0690.
SECTION IV: SUBAWARD
11.0 Retaliation - In accordance with federal civil MANAGEMENT AND REPORTING
rights laws, the subrecipient shall not retaliate
against individuals for taking action or REQUIREMENTS
participating in action to secure rights protected >-
by these laws. ca
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 forty-five (45) days of the end of
funds including compliance with all Civil Rights the 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
CJ
Rights and provided the contact information. any work or activities not described in the co
approved grant award, and that use staff,
SECTION III: FINANCIAL'' equipment, or other goods or services paid for
REQUIREMENTS AND with grant funds, without prior written approval
from FDLE's Office of Criminal Justice Grants
RESPONSIBILTY (OCJG).
1.0 Fiscal Control and Fund Accounting 3.0 Advance Funding - Advance funding may be
Procedures - All expenditures and cost provided to a subrecipient upon a written request
accounting of funds shall conform to the DOJ to the Department. The request must be
Grants Financial Guide, the 28 C.F.R. § 66, and electronically signed by the subrecipient or
2 C.F.R. §200 as applicable, in their entirety. implementing agency's Chief Financial Officer or
the Chief Financial Officer designee.
Subrecipients are required to establish and
maintain adequate accounting systems and 4.0 Performance and Reporting
FY18 JAG Standard Conditions Page 6 of 16
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Standard Conditions as applicable, and/or
Reporting Time Frames - The Project Director, termination of contract and requisition of goods or
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 r
submitted. a grant adjustment through SIMON for major N
substantive changes such as changes in project
Failure to Submit - Performance Reports that activities or scope of the project, target
are not complete, accurate, and timely may result populations, service providers, implementation
in sanctions, as specified in Section IV, schedules, project director, and designs or W
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 U
include a response to all objectives included in when there will be a transfer of 10% or more of
your subaward. A detailed response is required in the total budget between budget categories, or
the narrative portion for yes/no performance there is an indirect cost rate category change.
objectives. Submitted performance reports must
clearly articulate, where appropriate, Subrecipients may transfer up to 10% of the total m
performance during the execution of the award budget between current, approved budget m
has met a standard against which the categories without prior approval as long as the 2
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 thirty(30)days prior to grant
measures the performance and effectiveness of 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 W
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 co
payments for state and federal financial shall be submitted.
assistance must be directly related to the scope
of work and meet the minimum level of All project expenditures for reimbursement of
performance for successful completion. If the subrecipient costs shall be submitted on the
subrecipient fails to meet the minimum level of Project Expenditure Report Forms prescribed m
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
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All reports must relate financial data to information on civil, criminal, and administrative
performance accomplishments. proceedings connected with (or connected to the
performance of) either this award or any other
Before the "final" Project Expenditure Report will grant, cooperative agreement, or procurement
be processed, the subrecipient must submit to contract from the federal government. Under
the Department all outstanding project reports certain circumstances, subrecipients of OJP
and must have satisfied all special conditions. awards are required to report information about
Failure to comply with the above provisions shall such proceedings, through the federal System for
result in forfeiture of reimbursement. Award Management ("SAM"), to the designated r
federal integrity and performance system C44
Reports are to be submitted even when no ("FAPIIS").
reimbursement is being requested.
SECTION V: MONITORING AND
Submission - The report must be electronically AUDITS W
signed by the subrecipient or implementing
agency's Chief Financial Officer or the Chief
Financial Officer designee. 1.0 Access to Records -The Florida Department of
Law Enforcement, the Auditor General of the
7.0 Project Generated Income (PGI) - All income State of Florida, the U.S. Department of Justice,
generated as a direct result of a sub project shall the U.S. Comptroller General or any of their duly
be deemed program income. Program income authorized representatives, shall have access to
from asset seizures and forfeitures is considered books, documents, papers and records of the
earned when the property has been adjudicated
subrecipient, implementing agency and
to the benefit of the plaintiff(i.e., law enforcement contractors for the purpose of audit and
entity).
examination according to the Financial Guide and
the 28 C.F.R. § 66. At any time, a representative
Required Reports - The subrecipient shall of the Department, the U.S. Department of
submit Quarterly PGI Earnings and Expenditures Justice, or the Auditor General of the State of
Reports to the Department within thirty (30) days Florida, have the right to visit the project site to
after the end of the reporting period covering monitor, inspect and assess work performed
subaward project generated income and under this agreement.
expenditures during the previous quarter. >-
The Department reserves the right to unilaterally
PGI Expenditure - Program income should be terminate this agreement if the subrecipient,
used as earned and expended as soon as implementing agency, or contractor refuses to
possible and used to further the objects in which allow public access to all documents, papers, W
the award was made. letters, or other materials subject to provisions of I
s. 119, F.S., unless specifically exempted and/or
Submission - PGI Earnings and Expenditures made confidential by operation of s. 119, F.S.,
reports must be electronically signed by the and made or received by the subrecipient or its
subrecipient or implementing agency's chief contractor in conjunction with this agreement.
financial officer or the chief financial officer's
designee. The subrecipient will give the awarding agency or
the General Accounting Office, through any
Unexpended PGI - If any PGI remains unspent
authorized representative, access to and the right
after the subaward ends, the subrecipient must to examine all paper or electronic records related
continue submitting quarterly PGI reports until all to the financial assistance.
funds are expended. co
2.0 Monitoring -The recipient agrees to comply with
Additionally, any unexpended PGI remaining at FDLE's grant monitoring guidelines, protocols,
the end of the federal grant period must be and procedures; and to cooperate with FDLE on
submitted to OCJG for transmittal to the Bureau all grant monitoring requests, including requests
of Justice Assistance. related to desk reviews, enhanced programmatic m
desk reviews, and/or site visits. The recipient
agrees to provide FDLE all documentation
8.0 Subrecipient Integrity and Performance necessary to complete monitoring of the award.
Matters - Requirement to report information on Further, the recipient agrees to abide by
certain civil, criminal, and administrative reasonable deadlines set by FDLE for providing
proceedings to OCJG, SAM and FAPIIS. requested documents. Failure to cooperate with
grant monitoring activities may result in sanctions
The subrecipient must comply with any and all affecting the recipient's award, including, but not
applicable requirements regarding reporting of limited to: withholding and/or other restrictions on
FY18 JAG Standard Conditions Page 8 of 16
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the recipient's access to funds, referral to the
Office of the Inspector General for audit review, 6.0 Imposition of Additional Requirements - The
designation of the recipient as a FDLE High Risk subrecipient agrees to comply with any additional
grantee, or termination of award(s). requirements that may be imposed by OCJG
during the period of performance for this award, if
3.0 Property Management - The subrecipient shall the subrecipient is designated as "high risk" for
establish and administer a system to protect, purposes of the DOJ high-risk grantee list.
preserve, use, maintain and dispose of any
property furnished to it by the Department or 7.0 Retention of Records - The subrecipient shall r
purchased pursuant to this agreement according maintain all records and documents for a C44
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 W
notwithstanding expiration of this agreement. comply with State of Florida General Records
Schedule GS1-SL for State and Local
Property Use - The subrecipient must use Government Agencies:
equipment acquired under a Federal award for https-.//dos.myflorida.com/media/693576/gsl-sl-
the the authorized purposes of the project during the 2017-final.pdf.
period of performance, or until the property is no
longer needed. Subrecipients must use, manage 8.0 Disputes and Appeals - The Department shall
and dispose of equipment acquired under a make its decision in writing when responding to
Federal award in accordance with ss. 274, F.S. any disputes, disagreements, or questions of fact
Tangible Property and 200.313, F.S., Equipment. arising under this agreement and shall distribute m
its response to all concerned parties. The
4.0 Subaward Closeout-A Financial Closeout Audit subrecipient shall proceed diligently with the
shall be submitted to the Department within forty- performance of this agreement according to the
five (45) days of the end date of the performance Department's decision. If the subrecipient
period. appeals the Department's decision, the appeal
also shall be made in writing within twenty-one
The Financial Closeout Audit report located in (21) calendar days to the Department's clerk
SIMON must be electronically signed by the (agency clerk). The subrecipient's right to appeal >-
subrecipient or implementing agency's Chief the Department's decision is contained in § 120,
Financial Officer or the Chief Financial Officer F.S., and in procedures set forth in Rule 28-
designee. 106.104, Florida Administrative Code. Failure to
appeal within this time frame constitutes a waiver
Subaward Closeout will be initiated by the of proceedings under Chapter 120, F.S.
Department after the Financial Closeout has
been completed and approved. Failure to submit 9.0 Failure to Address Audit Issues - The
closeout reports timely will result in an subrecipient understands and agrees that FDLE's
Administrative Closeout by the Department. OCJG may withhold award funds, or may impose
award conditions or other related requirements, if
5.0 High Risk Subrecipients - If a subrecipient is (as determined by OCJG) the subrecipient does
designated "high risk" by a federal grant-making not satisfactorily and promptly address
agency, currently or at any time during the course outstanding issues from audits required by the 2
of the period of performance under this award, C.F.R. § 200 Uniform Requirements (or by the
the subrecipient must disclose that fact and terms of this award), or other outstanding issues
CJ
certain related information to FDLE's OCJG. For that arise in connection with audits, co
purposes of this disclosure, high risk includes any investigations, or reviews.
status under which a federal awarding agency
provides additional oversight due to the 10.0 Single Annual Audit-Subrecipients that expend
subrecipient's past performance, or other $750,000 or more in a year in federal awards
programmatic or financial concerns with the shall have a single audit or program-specific audit
subrecipient. The subrecipient's disclosure must conducted for that year. The audit shall be
include the following: 1. The federal awarding performed in accordance with the OMB 2 C.F.R.
agency that currently designates the subrecipient § 200 Subpart F —Audit Requirements and other
high risk, 2. The date the subrecipient was applicable federal law. The contract for this
designated high risk, 3. The high-risk point of agreement shall be identified in the Schedule of
contact at that federal awarding agency (name, Federal Financial Assistance in the subject audit.
phone number, and email address), and 4. The The contract shall be identified as federal funds
reasons for the high-risk status, as set out by the passed through the Florida Department of Law
federal awarding agency. Enforcement and include the contract number,
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CFDA number, award amount, contract period, Procurements Under DOJ Grants and
funds received and disbursed. When applicable, Cooperative agreements at
the subrecipient shall submit an annual financial https://oir).aov/funding/Implement/Resources/Gui
audit that meets the requirements of 2 C.F.R. § deToProcurementProcedures.pdf.
200 Subpart F, "Audit Requirements" s. 215.97,
F.S., "Florida Single Audit Act" and Rules of the 2.0 Cost Analysis - A cost analysis must be
Auditor General, Chapter 10.550, and Chapter performed by the subrecipient if the cost or price
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 r
For-Profit Organizations." in accordance with s. 216.3475, F.S. The C44
subrecipient must maintain records to support the
A complete audit report that covers any portion of cost analysis, which includes a detailed budget,
the effective dates of this agreement must be documented review of individual cost elements
performed and submitted to the Federal Audit for allowability, reasonableness, and necessity.
Clearinghouse within the earlier of thirty (30) See also Chief Financial Officer Memorandum
calendar days after receipt of the auditor's No. 02(2012-2013).
report(s), or nine (9) months after the end of the
audit period. Submissions must include required 3.0 Allowable Costs - Allowance for costs incurred U
elements described in Appendix X to 2 C.F.R. § under the subaward shall be determined
200 on the specified Data Collection Form (Form according to the general principles and standards
SF-SAC). for selected cost items set forth in the DOJ
Grants Financial Guide, 28 C.F.R. § 66, "Uniform
Records shall be made available upon request Administrative Requirements for Grants and
for a period of five (5) years from the date the Cooperative Agreements to State and Local m
audit report is issued, unless extended in writing Governments", and 2 C.F.R. § 200.405(e), "Cost
by the Department. Principles".
Subrecipients that expend less than $750,000 in 4.0 Unallowable Costs - Payments made for costs
federal awards during a fiscal year are exempt determined to be unallowable by either the
from the Single Audit Act audit requirements for Federal awarding agency, or the Department,
LU
that fiscal year. In this case, written notification, in either as direct or indirect costs, must be
the form of the "Certification of Audit Exemption" refunded (including interest) to FDLE and the >_
form, shall be provided to the Department by the Federal Government in accordance with
Chief Financial Officer, or designee, that the instructions that determined the costs are
subrecipient is exempt. This notice shall be unallowable unless state or Federal statute or
provided to the Department no later than March 1 regulation directs otherwise. See also 2 C.F.R.
§§200.300-309.
following the end of the fiscal year. I
5.0 Indirect Cost Rate - A subrecipient that is
SECTION VI: SUBAWARD
eligible to use the "de minimis" indirect cost rate
PROCUREMENT AND COST described in 2 C.F.R. § 200.414(f), and elects to _
PRINCIPLES do so, must advise OCJG in writing of both its E
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
applicable Federal law and the standards in 2 6.0 Sole Source - If the project requires a non-
C.F.R. §§200.318-326. competitive purchase from a sole source, the
co
subrecipient must complete the Sole Source T.
This condition applies to agreements that OCJG Justification for Services and Equipment Form u_
considers to be a procurement"contract", and not and submit to OCJG upon application for Are-
a second tier subaward. approval. If the subrecipient is a state agency
and the cost meets or exceeds $150,000, the
The details of the advance approval requirement subrecipient must also receive approval from the
to use a noncompetitive approach in a Department of Management Services (DMS) (s.
procurement contract under this award are posed 287.057(5), F.S.). The Sole Source form must be
on the OJP website at signed by the subrecipient or implementing
https:Hoir).aov/fundina/Explore/NoncompetitivePr agency chief official or chief official designee.
ocurement.htm. Additional details on the sole source requirement
can be found at 2 C.F.R. § 200 and the DOJ
Additional information on Federal purchasing Grants Financial Guide.
guidelines can be found in the Guide to 7.0 Personal Services - Subrecipients may use
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grant funds for eligible personal services must be reasonable and consistent with that paid
including salaries, wages, and fringe benefits, for similar services in the marketplace. The
including overtime in accordance with the DOJ Federal awarding agency and pass-through entity
Grants Financial Guide Section 3.9 - must review and approve in writing all consultant
Compensation for Personal Services, consistent contracts prior to employment of a consultant
with the principles set out in 2 C.F.R. § 200, when the individual compensation rate exceeds
Subpart E and those permitted in the federal $650(excluding travel and subsistence costs) per
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 r
payments for work performed in excess of the by FDLE, who will coordinate written approval of N
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 W
Documentation - Charges for salaries, wages, the Financial Guide Section 3.6 Consultant
and fringe benefits must be supported by a Rates, 28 C.F.R. § 66, and applicable state
system of internal controls providing reasonable statutes. The Department's approval of the
assurance that charges are accurate, allowable, subrecipient agreement does not constitute U
and properly allocated. Documentation approval of individual consultant contracts or
supporting charges must be incorporated into the rates. If consultants are hired through a
official records of the organization. competitive bidding process (not sole source),
the$650 threshold does not apply.
Charges made to the Personnel Budget Category
must reasonably reflect the total time and activity FFATA Reporting Requirements - Subrecipients m
for which the employee is compensated by the that enter into subawards of $25,000 or more
organization and cover both federally funded and should review the Federal Funding Accountability
all other activities. The records may include the and Transparency Act of 2006 (FFATA), website
use of subsidiary records as defined in the for additional reporting requirements at
organization's written policies. Where grant https:Hoip.gov/funding/Explore/FFATA.htm
subrecipients work on multiple grant programs or LU
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
CJ
current edition of the DOJ Grants provisions in 2 C.F.R. §200.432 and DOJ Grants co
FinancialGuide(https:Hoip.gov/financialguidt/doj/ Financial Guide Section 3.10; Conference
pdfs/DOJ FinancialGuide.pdf)- and all other Approval, Planning, and Reporting. Subgrant
applicable federal and state laws, orders, applications requesting approval for meeting,
circulars, or regulations. The subrecipient must training, conference, or other event costs must
pass-through all requirements and conditions include a completed Conference & Events
applicable to the federal grant award/subaward to Submission Form for approval prior to obligating
any subcontract. The term "contractor" is used subgrant funds for these purposes.
rather than the term "vendor" and means an
entity that receives a contract as defined in 2 11.0 Training and Training Materials — Any training
C.F.R. § 200.22, the nature of the contractual or training materials that has been developed or
relationship determines the type of agreement. delivered with grant funding under this award
must adhere to the OJP Training Guiding
Approval of Consultant Contracts Principles for Grantees and Subgrantees,
Compensation for individual consultant services available at
FY18 JAG Standard Conditions Page 11 of 16
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www.oip.aov/funding/oiDtraininaauidingprinciples. including government wide regulations issued by
htm. the Department of Commerce (27 C.F.R. § 401
and 2 C.F.R. §200.315(c)).
12.0 Publications, Media and Patents Ownership of
Data and Creative Material - Ownership of Subrecipients must promptly and fully report to
material, discoveries, inventions, and results FDLE and the Federal awarding agency if any
developed, produced, or discovered subordinate program produces patentable items, patent
to this agreement is governed by the terms of the rights, processes, or inventions, in the course of
co
DOJ Grants Financial Guide, 28 C.F.R. §§ 66, work sponsored under this award. r"
and 200.315. N
13.0 Information Technology Projects
Publication or Printing of Materials -
Publication costs for electronic and print media, Criminal Intelligence Systems - The
including distribution, promotion, and general subrecipient agrees that any information W
handling are allowable. If these costs are not technology system funded or supported by the
identifiable with a particular direct cost objective, Office of Justice Programs funds will comply with
it should be allocated as indirect costs. 28 C.F.R. § 23, Criminal Intelligence Systems
Publication includes writing, editing, and Operating Policies, if the Office of Justice U
preparing the illustrated material (including Programs determines this regulation to be
videos and electronic mediums). applicable. Should the Office of Justice Programs
determine 28 C.F.R. § 23 to be applicable, the
Subrecipients must request pre-approval in Office of Justice Programs may, at its discretion,
writing for page charges for professional journal perform audits of the system, as per 28 C.F.R. §
publications. All publication materials must 23.20(g). Should any violation of 28 C.F.R. § 23 m
comply with provisions in 2 C.F.R. § 200.461 and occur, the subrecipient may be fined as per 42
DOJ Grants Financial Guide, Section 3.9; U.S.C. § 3789g(c)-(d). The subrecipient may not
Allowable Costs—Publication. satisfy such a fine with federal funds.
Subrecipients must submit for review and The subrecipient understands and agrees that no
approval one (1) copy of any written materials to awarded funds may be used to maintain or
be published, including web-based materials and establish a computer network unless such
website content, to be paid under this award at network blocks the viewing, downloading, and >'
least thirty (30) days prior to the targeted exchanging of pornography. In doing so the
dissemination date. subrecipient agrees that these restrictions will not
limit the use of awarded funds necessary for any
W
All electronic and print materials paid under this federal, state, tribal, or local law enforcement
award must contain the following statements agency or any other entity carrying out criminal
identifying the federal award: investigations, prosecutions, or adjudication
activities.
"This project was supported by Award No.
2018-MU-BX-0292 awarded by the State IT Point of Contact - The subrecipient
Bureau of Justice Assistance, Office of must ensure that the State IT Point of Contact
Justice programs. The opinions, findings, receives written notification regarding any
and conclusions or recommendations information technology project funded by this
grant during the obligation and expenditures
expressed in this period. This is to facilitate communication among
publication/program/exhibition are those of local and state governmental entities regarding
the authors and do not necessarily reflect various information technology projects being co
the views of the Department of Justice or conducted with these grant funds. In addition, the
grant-making component." subrecipient must maintain an administrative file
documenting the meeting of this requirement. For
Any website funded in whole or in part under this a list of State IT Points of Contact, go to
award must include the same statement on the https:Hit.oip.gov/technology-contacts.
home page, on all major entry pages (i.e., pages
(exclusive of documents)whose primary purpose The State IT Point of Contact will ensure the
is to navigate the user to interior content), and on subrecipient's project follows a statewide
any pages from which a visitor may access or comprehensive strategy for information sharing
use a web-based service, including any pages systems that improve the functioning of the
that provide results or outputs from the service. criminal justice system, with an emphasis on
integration of all criminal justice components, law
Patents - Subrecipients are subject to applicable enforcement, courts, prosecution, corrections,
regulations governing patents and inventions, and probation and parole.
FY18 JAG Standard Conditions Page 12 of 16
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documentation, and other material, as applicable,
Interstate Connectivity - To avoid duplicating for review by the SWIC to ensure coordination.
existing networks or IT systems in any initiatives Subrecipients must provide a listing of all
funded by the Bureau of Justice Assistance for communications equipment purchased with grant
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 r
connectivity, unless the subrecipient can 15.0 Global Standards Package - In order to N
demonstrate to the satisfaction of the Bureau of promote information sharing and enable
Justice Assistance that this requirement would interoperability among disparate systems across
not be cost effective or would impair the the justice and public safety community, OJP
functionality of an existing or proposed IT system. requires the grantee to comply with DOJ's Global
Justice Information Sharing Initiative (DOJ's
ADP Justification - The subrecipient must Global) guidelines and recommendations for this
complete an Automated Data Processing (ADP) particular grant. Grantee shall conform to the
equipment and Software and Criminal Justice Global Standards Package (GSP) and all U
Information and Communication Systems constituent elements, where applicable, as
Request for Approval form if the purchase of any described at https://it.oip.gov/gsp. Grantee shall
ADP equipment is to be made. This form must be document planned approaches to information
submitted upon application if applicable and pre- sharing and describe compliance to the GSP and
approval must be obtained. ADP Justification appropriate privacy policy that protects shared
must be signed by the subrecipient or information, or provide detailed justification for m
implementing agency chief official or an individual why an alternative approach is recommended.
with formal, written signature authority for the
chief official. SECTION VII: COMPLIANCE WITH 8
14.0 Interoperable Communications Guidance - U.S.C.§§ 1373 and 1644
Subrecipients using funds to support emergency
communications activities must comply with the 1.0 In regards to the program or activity funded in
current SAFECOM Guidance for Emergency whole or in part under this subaward and
Communication Grants, including provisions on throughout the period of performance for this `✓
technical standards that ensure and enhance award, no state or local government entity,
interoperable communications. Emergency agency or official may prohibit or in any way
communications activities include the purchase of restrict:
Interoperable Communications Equipment and
technologies such as voice-over-internet protocol An government entity or official from sendingor
bridging or gateway devices, or equipment to y g y
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 W
1373(a); or a government entity or agency from
under the Federal Communications Commission sending, requesting or receiving, maintaining, or
(FCC) Waiver Order. SAFECOM guidance can exchanging information regarding immigration
be found at status as described in either 8 U.S.C. 1373(b) or
hftps://www.dhs.gov/publication/funding-
1644. For the purposes of this subaward, any
documents. prohibition (or restriction) that violates this
0
condition is an "information-communication U
Subrecipients interested in developing a public restriction." co
safety broadband network in the 700 MHz band
in their jurisdictions must adhere to the technical
standards set forth in the FCC Waiver Order, or 2.0 A subaward to a state or local government or a
any succeeding FCC orders, rules, or regulations
public institution of higher education, cannot be
pertaining to broadband operations in the 700 made unless a properly executed certification of
MHz public safety band. The subrecipient shall compliance with 8 U.S.C. 1373 and 1644, signed
also ensure projects support the Statewide by the chief legal officer of the subrecipient entity
Communication Interoperability Plan (SCIP) and has been received by OCJG. Similarly,
are fully coordinated with the full-time Statewide subrecipients cannot make a further subaward to
Interoperability Coordinator (SWIC). If any future a state or local government or a public institution
regulatory requirement (from the FCC or other of higher education, unless it first obtains a
governmental entity) results in a material properly executed certification of compliance with
technical or financial change in the project, the 8 U.S.C. 1373 and 1644 signed by the chief legal
subrecipient should submit associated officer of the third tier subrecipient.
FY18 JAG Standard Conditions Page 13 of 16
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purpose of permitting such agents to meet
3.0 Funding under this award cannot be subawarded with individuals who are (or are believed by
to any subrecipient at any tier that is either a such agents to be) aliens and to inquire as to
state or unit of local government or a public such individuals' right to be or remain in the
institution of higher education that is subject to United States.
any"information-communication restriction."
ii. A local ordinance, rule, regulation, policy or
practice (or an applicable state statute, rule,
4.0 Subrecipients must notify FDLE (in writing) if it regulation policy or practice) must be in r
has credible evidence that indicates that a funded place that is designed to ensure that, when a N
program or activity of a subrecipient at any tier local government (or local government
that is either a state or local government or a contracted) correctional facility receives a
public institution of higher education, may be formal written request authorized by the
subject to any "information-communication Immigration and Nationality Act from DHS W
restriction." that seeks advance notice of the scheduled
release date and time for a particular alien,
they will honor the request and as early as
5.0 For STATE AGENCIES: With respect to the practicable, provide the request notice to U
program or activity that is funded by this DHS.
subaward, as of the date the subrecipient
accepts this subaward, and throughout the 7.0 Monitoring of compliance with the requirements
remainder of the period of performance for the of this condition will be conducted by FDLE.
award-
8.0 Nothing in this condition shall be understood to m
i. A state statute or a state rule, regulation, authorize any subrecipient at any tier to violate 2
policy or practice must be in place that is any federal law, including any applicable civil
designed to ensure that agents of the United rights or nondiscrimination law.
States acting under color of federal law are
given access to any state (or state
contracted) correctional facility for the IMPORTANT NOTE: Any questions about theUJ
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, 1.0 Environmental Protection Agency's (EPA) list
policy or practice must be in place that is of Violating Facilities - The subrecipient
designed to ensure that, when a state (or
assures that the facilities under its ownership,
state contracted)correctional facility receives lease or supervision which shall be utilized in the
a formal written request authorized by the accomplishment of the Program Purpose are not
Immigration and Nationality Act from DHS listed on the EPA's list of Violating Facilities and
that seeks advance notice of the scheduled that it will notify the Department of the receipt of
release date and time for a particular alien, any communication from the Director of the EPA
they will honor the request and as early as Office of Federal Activities indicating that a facility
practicable, provide the request notice to to be used in the project is under consideration
DHS. for listing by the EPA.
co
6.0 For units of LOCAL GOVERNMENT: With 2.0 National Environmental Policy Act(NEPA) >_
respect to the program or activity that is funded
by this subaward, as of the date the The subrecipient agrees to assist FDLE in
subrecipient accepts this subaward, and
complying with the NEPA, the National Historic �
throughout the remainder of the period of Preservation Act, and other related federal
performance for the award- environmental impact analyses requirements in
the use of subaward funds by the subrecipient.
i. A local ordinance, rule, regulation, policy or This applies to the following new activities
practice (or an applicable state statute, rule, whether or not they are being specifically funded
regulation policy or practice) must be in with these subaward funds. That is, it applies as
place that is designed to ensure that agents long as the activity is being conducted by the
of the United States acting under color of subrecipient or any third party and the activity
federal law are given access to any state (or needs to be undertaken in order to use these
state contracted) correctional facility for the subaward funds. Accordingly, the subrecipient
FY18 JAG Standard Conditions Page 14 of 16
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agrees to first determine if any of the following 4.0 Human Research Subjects - Subrecipient
activities will be funded by the grant, prior to agrees to comply with the requirements of 28
obligating funds for any of these purposes. C.F.R. part 46 and all Office of Justice Programs
policies and procedures regarding the protection
If it is determined that any of the following of human research subjects, including
activities will be funded by the grant, the recipient obtainment of Institutional Review Board
agrees to contact FDLE OCJG. approval, if appropriate, and subject informed
consent.
1) New construction; r
5.0 Disclosures N
2) Any renovation or remodeling of a property
located in an environmentally or historically Conflict of Interest - The subrecipient and
sensitive area, including properties located implementing agency will establish safeguards to
within a 100-year flood plain; a wetland, or prohibit employees from using their positions for
habitat for endangered species, or a property a purpose that constitutes or presents the
listed on or eligible for listing on the National appearance of personal or organizational conflict
Register of Historic Places; of interest, or personal gain. Subrecipients must
disclose in writing any potential conflict of interest U
3) A renovation, lease, or any other proposed to FDLE(the non-federal pass-through entity).
use of a building or facility that will either (a)
result in a change in its basic prior use or(b) Violations of Criminal Law - The subrecipient
significantly change its size; and implementing agency must disclose all
violations of state or federal criminal law involving
4) Implementation of a new program involving fraud, bribery or gratuity violations potentially m
the use of chemicals other than chemicals affecting the sub award.
that are (a) purchased as an incidental
component of a funded activity and (b) 6.0 Uniform Relocation Assistance and Real
traditionally used, for example, in office, Property Acquisitions Act - The subgrant
household, recreational, or educational recipient will comply with the requirements of the
environments; and Uniform Relocation Assistance and Real Property
Acquisitions Act of 1970 (42 U.S.C. § 4601 et
5) Implementation of a program relating to seq.), which govern the treatment of persons >-
clandestine methamphetamine laboratory displaced as a result of federal and federally-
operations, including the identification, assisted programs.
seizure, or closure of clandestine
W
methamphetamine laboratories. 7.0 Limitations on Government Employees
Financed by Federal Assistance - The
The subrecipient understands and agrees that subrecipient will comply with requirements of 5
complying with NEPA may require the U.S.C. §§ 1501-08 and §§ 7324-28, which limit
preparation of an Environmental Assessment certain political activities of State or local
and/or an Environmental Impact Statement, as government employees whose principal
directed by the Bureau of Justice Assistance. employment is in connection with an activity
The subrecipient further understands and agrees financed in whole or in part by federal assistance.
to the requirements for implementation of a
Mitigation Plan, as detailed by the Department of
Justice at 8.0 Funds to Association of Community
https://www.bia.gov/Funding/nepa.html, for Organizations for Reform Now (ACORN)
programs relating to methamphetamine Unallowable - Subrecipient understands and
co
laboratory operations. agrees that it cannot use any federal funds, either
directly or indirectly, in support of any contract or
3.0 National Historic Preservation Act — The Act subaward to either the Association of Community
will assist the Department (if necessary) in Organizations for Reform Now (ACORN) or its
assuring compliance with section 106 of the subsidiaries, without the express prior written
National Historic Preservation Act of 1966 (16 approval of OJP.
U.S.C. § 470), Ex. Order 11593 (identification
and protection of historic properties), the 9.0 Text Messaging While Driving - Pursuant to
Archeological and Historical Preservation Act of Executive Order 13513, "Federal Leadership on
1974 (16 U.S.C. § 469 a-1 et seq.), and the Reducing Text Messaging While Driving," 74
National Environmental Policy Act of 1969 (42 Fed. Reg. 51225 (October 1, 2009), and
U.S.C. §4321). §316.305, F.S., the subrecipient is encouraged to
adopt and enforce policies banning employees
from text messaging while driving any vehicle
FY18 JAG Standard Conditions Page 15 of 16
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during the course of performing work funded by the recipient and subrecipient obligations related
this subaward and to establish workplace safety to prohibited conduct related to trafficking in
policies and conduct education, awareness, and persons are incorporated by reference and
other outreach to decrease crashes caused by posted at
distracted drivers. https:Hoip.gov/funding/Explore/ProhibitedConduct
-Trafficking.htm
10.0 DNA Testing of Evidentiary Materials and
Upload of DNA Profiles to a Database - If
co
PREA program funds will be used for DNA r"
testing of evidentiary materials, any resulting C44
eligible DNA profiles must be uploaded to the
Combined DNA Index System (CODIS), by a
government DNA lab with access to CODIS. No
profiles generated with JAG funding may be W
entered into any other non-governmental DNA
database without prior express written approval
from BJA. For more information, refer to the NIJ
FY 2012 DNA Backlog Reduction Program, CJ
available at
https://www.ncirs.gov/pdffilesl/ni
In addition, funds may not be used for purchase
of DNA equipment and supplies when the
resulting DNA profiles from such technology are m
not accepted for entry into CODIS (the National
DNA Database operated by the FBI).
11.0 Environmental Requirements and Energy For subawards in excess of $100,000, the
subrecipient must comply with all applicable
standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. >'
1857(h)), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40
CFR part 15). The subrecipient must comply with
mandatory standards and policies relating to
energy efficiency which are contained in the state
energy conservation plan issued in compliance
with the Energy Policy and Conservation Act
(Pub. L. 94-163, 89 Stat. 871), if any.
12.0 Other Federal Funds - The subrecipient agrees
that if it currently has an open award of federal
funds or if it receives an award of federal funds
other than this award, and those awards have
been, are being, or are to be used, in whole or in
part, for one or more of the identical cost items co
for which funds are being provided under this
award, the subrecipient will promptly notify, in
writing the grant manager for this award, and, if
so requested by OCJG seek a budget
modification or change of project scope grant
adjustment notice (GAN) to eliminate any
inappropriate duplication of funding.
13.0 Trafficking in Persons - The subrecipient must
comply with applicable requirements pertaining to
prohibited conduct relating to the trafficking of
persons, whether on the part of recipients,
subrecipients or individuals defined as
"employees" of the subrecipient. The details of
FY18 JAG Standard Conditions Page 16 of 16
Rev. 04/2019
39
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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;
(b) Proof of registration with the Florida Department of Agriculture as required by Florida Statute
496.405 and the Florida Department of State as require by Florida Statute 617.01201 or proof of
exemption from registration as per Florida Stature 496.406.
(c) List of the Organization's Board of Directors of which there must be at least 5 and for each
board member please indicate when elected to serve and the length of term of service;
(d) Evidence of annual election of Officers and Directors;
(e) Unqualified audited financial statements from the most recent fiscal year for all
organizations that expend $150,000 a year or more; if qualified, include a statement of
deficiencies with corrective actions recommended/taken; audit shall be prepared by an
independent certified public accountant (CPA) with a current license, in good standing with
the Florida State Board of Accountancy. If the PROVIDER receives $100,000 or more in
grant funding from the County:
a. The CPA that prepares the audit must also be a member of the
American Institute of Certified Public Accountants (AICPA);
b. The CPA must maintain malpractice insurance covering the audit
services provided and
c. The County shall be considered an "intended recipient" of said
audit.
(f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules;
(g) Organization's Corporate Bylaws, which must include the organization's mission, board and LU
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);
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. -
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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
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public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
I have read the above and state that neither rCl� Wspondent's name) nor any
Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature)
Date: 0 L20 20
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2
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TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
State of
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County of , ; r
The foregoing instrument was acknowledged before me, by means of physical presence or ❑ online
notarization, this day of (month), P (year), by f4pween
(name of officer or agent, title of offi r or agent) of L (nan of
entity).
Personally Known
Produced Identification: Ty e of ID and Number on ID
(SEAL) nio rr Pvbk SW8 of Honda
y crrrr mission G r 7534s
4 SX����n;��sr��� Sign e of Kota
41
Packet Pg.844
C.29.a
ATTACHMENT E
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE _
N
(Company) U-
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision
the County may, in its discretion, terminate this Agreement without liability and may also, in its
discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any
fee, commission, percentage, gift, or consideration paid to the former County officer or employee."
(Signature) E
Date, J
ca
-
2
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TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
State of
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00
County of
The foregoing instrument was acknowledged before me, by means off'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) YEE]
tale of Florida
ohnsonn GG 17534502 Sign t of Not
42
Packet Pg.845
C.29.a
ATTACHMENT F
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
t
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the
actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or services as set forth and funded
pursuant to the Grant Agreement a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of working
on the commodities or contractual services that are under contract, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted. Lu
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this organization complies fully with the
above requirements.
i
(Signature)
Date: E
TO BE COMPLETED BY NOTARY (in accordance with State notary requirements)
State of c
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County of rv&
The foregoing instrument was acknowledged before me, by means of physical presence or ❑ online
notarization, this L? \ stay of (month), (year), by
(name of officer or agent, title of officer or agent) of 6WAfq& tA&Y (name o
entity).
Personally Known
Produced Identification: Type of ID and Number on ID
+ (SEAL) Notary Public State of Florida
maryanne L johnson
Le
poky Ce rnmi i ri GG 175345Expires1),
1 11512,322 Ign � o' Notary
43
Packet Pg.846
C.29.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
U-
Agenda Item Summary #5602
r-
BULK ITEM: Yes DEPARTMENT: Budget and Finance
TIME APPROXIMATE: STAFF CONTACT: Janet Gunderson (305) 292-4470
No
AGENDA ITEM WORDING: Approval a Resolution authorizing submission of the FDLE
Edward Byrne Memorial Justice Assistance Grant applications for funding as recommended by the E
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
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
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 LO
Commissioners agree to serve as the coordinating unit of government in the distribution of
$79,597.60 in federal program funds in Monroe County, authorizing submission of the applications E
to FDLE and Approval to authorize the Mayor to execute acceptance of award and related
documents and to execute the grant funding distribution letter with FDLE for State fiscal year 2018. ��
LO
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.
t�
• Monroe County's allocation for the upcoming fiscal year is $72,694
• Awards may be approved for a six (6)to eighteen (18) month project period between October
1, 2018 and September 30, 2020.
E
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.847
C.29.b
PREVIOUS RELEVANT BOCC ACTION: Monroe County has participated in the Bryne Grant
Program since approximately 1990.
CONTRACT/AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Approval
cv
DOCUMENTATION:
Resolution for Submission of Byrne Application
Certificate of Participation 0
Resolution 152-2019
c,
FINANCIAL IMPACT:
Effective Date: October 1, 2018
Expiration Date: September 30, 2020 E
Total Dollar Value of Contract: $72,694
Total Cost to County: $0
Current Year Portion: $10,201.77 w
Budgeted: No
Source of Funds: Federal DOJ funds through FDLE
CPI: N/A LO
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Indirect Costs: N/A
c,
Estimated Ongoing Costs Not Included in above dollar amounts: N/A E
Revenue Producing: No If yes, amount:
Grant: Yes LO
County Match: No
Insurance Required: No
Additional Details: State Fiscal Year 2018, funding for October 1, 2018 through September a
30, 2020.
REVIEWED BY:
Tina Boan Skipped 05/07/2019 4:53 PM
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.848
C.29.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
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
2
WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to x
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
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 resd`ijltion shall be effective upon adoption by the Board of County
6 ommiss4eners.
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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.
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` 'Mayor Sylvia Murphy Yes MONROECOUNTYATTORNEY
'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
Packet Pg.849