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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. Packet Pg.802 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 Packet Pg.803 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 co 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 1 Packet Pg.804 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 co 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 2 Packet Pg.805 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) U- r- 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. ca (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. 0 U co [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] 3 Packet Pg.806 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 cv 2 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 LU i W E T 0 U co Packet Pg.807 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. 0 i Authorized Signatory Attachments (supporting documentation) 0) E TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) ca State of 0 U 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 5 Packet Pg.808 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 Co T_ CD Grant Period: From: 07/01/2019 TO: 09/30/2020 Project Title: ASSISTED LIVING PREVENTS RECIDIVISM C 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 Co 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 6 Packet Pg.809 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 Co 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. U 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 LU 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. 0 Co Page 2 of 2 7 Packet Pg.810 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. U 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 Lu 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 - E Heather Carruthers,Mayor Printed Name and Title 0 Florida Department of Law Enforcement co c, Office 'urinal Justice �- p .. I Sig ure Date ___Title ......... Printed Name and 8 Packet Pg.811 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 N Name: Heather Carruthers U_ Title: Mayor 2 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 W E T 0 U co Application Ref#2019-JAGC-3507 Section #1 Page 1 of 3 Contract# 2020-JAGC-MONR-3-Y5-113 9 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 N Name: Heather Carruthers Title: Mayor 0 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 i Email: Gunderson-Janet@monroecounty-fl.gov W E T 0 U co Application Ref#2019-JAGC-3507 Section #1 Page 2 of 3 Contract# 2020-JAGC-MONR-3-Y5-113 10 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 cv 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. LU W E T 0 U CO Application Ref#2019-JAGC-3507 Section #1 Page 3 of 3 Contract# 2020-JAGC-MONR-3-Y5-113 11 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) E 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 co 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 Application Ref#2019-JAGC-3507 Section #2 Page 1 of 4 Contract# 2020-JAGC-MONR-3-Y5-113 12 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. r_ 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. 0 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 Application Ref#2019-JAGC-3507 Section #2 Page 2 of 4 Contract# 2020-JAGC-MONR-3-Y5-113 13 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. LU 0) E T 0 U CO Application Ref#2019-JAGC-3507 Section #2 Page 3 of 4 Contract# 2020-JAGC-MONR-3-Y5-113 14 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 rF 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 r_ 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 Application Ref#2019-JAGC-3507 Section #2 Page 4 of 4 Contract# 2020-JAGC-MONR-3-Y5-113 15 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 T_ CD State Purpose Area: 1 G - General Questions C44 Objectives and Measures 0 Objective: General Questions - General Questions for All Recipients 0 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 i 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 co 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 Application Ref#2019-JAGC-3507 Section #3 Page 1 of 4 Contract# 2020-JAGC-MONR-3-Y5-113 16 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 0 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) E Goal: A monthly newsletter is published by our Corporate affiliate, WestCare, and on T occasion includes contributions from the Heron. The Heron also promotes the program via social media (Facebook). 0 U 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 Application Ref#2019-JAGC-3507 Section #3 Page 2 of 4 Contract# 2020-JAGC-MONR-3-Y5-113 17 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 C 0 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). 0) 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 co 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 Application Ref#2019-JAGC-3507 Section #3 Page 3 of 4 Contract# 2020-JAGC-MONR-3-Y5-113 18 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. 0 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. 2 i W E T 0 U co Application Ref#2019-JAGC-3507 Section #3 Page 4 of 4 Contract# 2020-JAGC-MONR-3-Y5-113 19 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 r_ FLAIR/Vendor Number: 596000749 Budget: Budget Category Prime Match Total Salaries and Benefits $0.00 $0.00 $0.00 0) 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 i --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 U Application Ref#2019-JAGC-3507 Section #4 Page 1 of 4 Contract# 2020-JAGC-MONR-3-Y5-113 20 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 T_ cv 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. i 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. 0) E 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 co 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. Application Ref#2019-JAGC-3507 Section #4 Page 2 of 4 Contract# 2020-JAGC-MONR-3-Y5-113 21 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide N r_ 2 0 LU i W E T 0 U CO Application Ref#2019-JAGC-3507 Section #4 Page 3 of 4 Contract# 2020-JAGC-MONR-3-Y5-113 22 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 LU 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. 2 i W E T 0 U co Application Ref#2019-JAGC-3507 Section #4 Page 4 of 4 Contract# 2020-JAGC-MONR-3-Y5-113 23 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 co 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 FY18 JAG Standard Conditions Page 2 of 16 Rev. 04/2019 25 Packet Pg.828 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 FY18 JAG Standard Conditions Page 3 of 16 Rev. 04/2019 26 Packet Pg.829 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. co 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 FY18 JAG Standard Conditions Page 4 of 16 Rev. 04/2019 27 Packet Pg.830 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 FY18 JAG Standard Conditions Page 5 of 16 Rev. 04/2019 28 Packet Pg.831 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 Rev. 04/2019 29 Packet Pg.832 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 FY18 JAG Standard Conditions Page 7 of 16 Rev. 04/2019 30 Packet Pg.833 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 Rev. 04/2019 31 Packet Pg.834 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, FY18 JAG Standard Conditions Page 9 of 16 Rev. 04/2019 32 Packet Pg.835 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 FY18 JAG Standard Conditions Page 10 of 16 Rev. 04/2019 33 Packet Pg.836 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 Rev. 04/2019 34 Packet Pg.837 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 Rev. 04/2019 35 Packet Pg.838 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 Rev. 04/2019 36 Packet Pg.839 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 Rev. 04/2019 37 Packet Pg.840 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 Rev. 04/2019 38 Packet Pg.841 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 Packet Pg.842 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. - E T 0 U co 40 Packet Pg.843 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 co 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 LU 2 i 0) E TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of co 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 i W E ca TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of 0 U 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 U co 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 `O 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. 0 Co !-- .. C 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. �w Lu ` '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