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Item C11
BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Michelle CoWiron,District 2 The Florida Keys Mawr,Pro I'= David Ricc,District 4 Craig Cates..District I Eddie Nlattinez,District 3 Mike Fcmcr, District 5 DAVID P. RICE,COMMISSIONER 9400 Overseas Highway, Suite 2 10 Marathon Airport Terminal Building Marathon, FL 33050 0 305.289.6000 E boccdiA(�Prnonroecounty-fl.gov Interoffice Memorandum Date: April 14,2021 To: Kevin Madok,Clerk of the Court County, Clerk's Office From: Colm missioner David Rice, District 4 RE: NOTICE OF VOTING CONFLICT Per F'lorida Statute 112.3143, 1 hereby disclose by written memorandum that I will abstain from the vote on certain issues brought before the Monroe County Board of Commissioners with entities with which I am involved. I will abstain from the vote on issues concerning the foi lowing entities Guidance 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 April 21,2021 BOCC meeting, I will abstain from the vote on item(s): CII Copy of agenda item listing froze the Revised Agenda for each of the referenced item(s)is included for documentation. A TT. State Form 8B tWemorandum of Voting Conflici for Caunly, Afunicipal,and Other Local Elected Officers FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME DAv NAME OF NGIL;MMI5$ION.AUTHOR( 0 CGOMMITT.EE_ y Uo q owa ;6� MAILING AODRESS f THE BOARD,COUNCIL,COMMIC ION,AUTHORITY OR COMMITTEE 13N WHICH 1 SERVE"S A UNIT OF CITY U CITY UNTY JOTHERLOCALAGENCY OUNTY J .)6 0 i ma NAME OF POLITICAL UBDIVIsIN r) DATE ON INHICH VOTE OCCURRED MY POSITION IS: E �CT� LECTI E C3 APPOINTIVE WHO MUST FILE FORM 8B 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 responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending an 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. —7 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 ABSTAIN 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. F S., and officers of independent special tax districts elected an a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a -'relafive,r 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-iaw. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on 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 an 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 t 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. IFYOU 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 on page 2) CE FORM 8B-EFF 1112013 PAGE Adopted by referarice in Rule 34-7 010(l)(n FA C 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 conflict in the measure before participating 666 - • 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. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1, hereby disclose that an 1 21 9'LLI�Z_d-—a— , —'20 2-1 . (a)A measure came or will come before my agency which (check one or more) IV — inured to my special private gain or toss- - inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative,_ inured to the special gam or loss of by whom I am retained,or inured to the special gain or toss of which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. Cb) he measure before my agency and the nature of my conflicting interest in the measure is as follows: I currently sit on the Board of Directors of the Guidance Care Center, Inc. I am also a member of the Board of the Historic Florida Keys Foundation, Inc. SEE ATTACHED AGENDA ITEM SUMMARY 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. U Date n Filed Signature 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, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 86-EFF 1112013 PAGE 2 Adopted by reference in RtAle 34-7 010(1)(1,FA-C. C.11 i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting April 21, 2021 Agenda Item Number: C.11 Agenda Item Summary #8069 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Janet Gunderson (305) 292-4470 No AGENDA ITEM WORDING: Approval of acceptance of a grant award of $133,334 from FDLE for the Residential Substance Abuse Treatment(RSAT) Program with a 25% match requirement of $33,334 and approval of an agreement with Guidance/Care Center in the amount of$133,334 for the project entitled, "Men's Jail In-House Drug Abuse Treatment Program", for the project period of January 1, 2021 through December 31, 2021. ITEM BACKGROUND: FDLE's Office of Criminal Justice Grants (OCJG) administers the Residential Substance Abuse Treatment(RSAT)program, a federal pass-through grant program, funded by the U.S Department of Justice (USDOJ) for the State of Florida. Monroe County was awarded $133,334, with a required(25%) match amount of$33,334, the grant term began January 1, 2019 and due to the outbreak of the COVID-19 pandemic in the U.S., there was a need to extend the grant term through December 31, 2020. Monroe County, again, has been awarded $133,334, with a required(25%) match amount of$33,334, for the period of January 1, 2021 through December 31, 2021. FDLE's sub-grant award number is 2021-RSAT-MONR-I-H7-004; the Federal Award Number is 2019-J2-BX-0013 (Federal Fiscal Year 2019). PREVIOUS RELEVANT BOCC ACTION: On November 17, 2020, Agenda Item E.11, the BOCC approved Resolution No. 399-2020 authorizing the submission of a grant application, for $133,334 with a 25% match requirement of$33,334, to the Florida Department of Law Enforcement (FDLE) for Federal Fiscal Year 2019 (FFY19) for funding under the Residential Substance Abuse Treatment(RSAT)Program. Approval for Monroe County BOCC to serve as the coordinating unit of government in the preparation of the grant proposals and the distribution of the grant award to the Guidance/Care Center for the implementation of the "Men's Jail In-House Drug Abuse Treatment Program"; Approval to ratify the submission of the application submitted on October 30, 2020; and Approval to authorize the Mayor to execute acceptance of the award and related documents. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATION: Approval Packet Pg.290 C.11 DOCUMENTATION: 2020-11-17 Agenda Item F.11_Apr to Apply for RSAT Resolution 399-2020 FY2020 RSAT_Contract FINANCIAL IMPACT: Effective Date: 01/01/2021 Expiration Date: 12/31/2021 Total Dollar Value of Contract: $133,334 Total Cost to County: $33,334 Current Year Portion: $133,334 Budgeted: No Source of Funds: DOJ/FDLE& Monroe County Fine & Forfeiture Fund(101) 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: Yes Insurance Required: N/A Additional Details: None 04/21/21 NEW COST CENTER ADDED $133,334.00 REVIEWED BY: Christine Limbert Completed 04/06/2021 1:54 PM Christina Brickell Completed 04/06/2021 4:12 PM Maria Slavik Completed 04/06/2021 4:30 PM Liz Yongue Completed 04/06/2021 4:45 PM Board of County Commissioners Pending 04/21/2021 9:00 AM Packet Pg.291 C.11.a i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers,District 3 �1 `_ll Mayor Pro Tem Michelle Coldiron,District 2 The Florida.Keys` )-.���` Craig Cates,District 1 David Rice,District 4 w � Sylvia J.Murphy,District 5 U County Commission Meeting November 17, 2020 Agenda Item Number: F.11 0 Agenda Item Summary #7530 U BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Janet Gunderson (305) 292-4470 No AGENDA ITEM WORDING: Approval of a Resolution authorizing the submission of a grant application, for $133,334 with a 25% match requirement of $33,334, to the Florida Department of Law Enforcement (FDLE) for Federal Fiscal Year 2019 (FFY19) for funding under the Residential Substance Abuse Treatment (RSAT) Program. Approval for Monroe County BOCC to serve as the coordinating unit of government in the preparation of the grant proposals and the distribution of the grant award to the Guidance/Care Center for the implementation of the "Men's Jail In-House Drug Abuse Treatment Program"; Approval to ratify the submission of the application submitted on U_ October 30, 2020; and Approval to authorize the Mayor to execute acceptance of the award and related documents. v) ITEM BACKGROUND: On September 22, 2020 Monroe County Office of Grants Administration received notice from the Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants (OCJG) regarding the FFY 2019 Residential Substance Abuse Treatment (RSAT) Program solicitation. Applications may be submitted via FDLE's online grant management system (SIMON), by the October 30, 2020 deadline. �t i PREVIOUS RELEVANT BOCC ACTION: BOCC Agenda Item C.14 on 6/19/2019 - Approval of a resolution authorizing submission of a grant application, for $133,334 with a 25% match E requirement of $33,334 and approval to authorize the Mayor to execute acceptance of award and related documents. The "Men's Jail In-House Drug Abuse Treatment Program" application will be submitted to FDLE for funding under the RSAT Program, a Federal Grant program for substance abuse treatment programs in local correctional and detention facilities. BOCC Agenda Item C.10 on 3/21/2018 - Approval of a Resolution authorizing submission of an application, "Jail In-House Program for Men", to FDLE for funding under the RSAT Program; a Federal Grant program for substance abuse treatment programs in local correctional and detention facilities and approval to authorize the Mayor to execute acceptance of award and related documents. E Packet Pg.292 C.11.a BOCC Agenda Item PA on 1/18/2017 - Approval of acceptance of a grant award of $50,000 from FDLE for the RSAT program with a 25% match requirement of $16,667 and approval of an agreement with Guidance/Care Center in the amount of$66,667 for the project entitled, "Men's Jail �? Housed Drug Abuse Treatment Program", for the project period of October 1, 2016 through September 30, 2017. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approve DOCUMENTATION: FY20 (FFY2019) Resolution Submission of RSAT Application -� FY20 (FFY2019) RSAT Application FY20 (FFY2019)-RSAT-Subgrant-Solicitation w FINANCIAL IMPACT: U_ Effective Date: 1/1/2021 Expiration Date: 12/31/2021 N Total Dollar Value of Contract: TBD, a competitive application, award amount based on score. Total Cost to County: TBD, not to exceed $33,334 depending on amount of award. Current Year Portion: TBD v) Budgeted: No Source of Funds: USDOJ funds pass-through FDLE 0 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: Yes U_ u; County Match: 25% required—Dollar amount TBD Insurance Required: No. Additional Details: FDLE Office of Criminal Justice Grants will conduct a competitive scoring process for all applications received. �t REVIEWED BY: N Christine Limbert Completed 10/30/2020 3:58 PM N Christina Brickell Completed 11/02/2020 2:46 PM Maria Slavik Completed 11/02/2020 3:02 PM E Liz Yongue Completed 11/02/2020 4:33 PM Board of County Commissioners Pending 11/17/2020 9:00 AM Packet Pg.293 C.11.c RESIDENTIAL SUBSTANCE ABUSE TREATMENT FUNDS AGREEMENT THIS AGREEMENT is made and entered into this 21s' day of April 2021, 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, a Florida 501(c)(3) not-for- profit corporation, hereinafter referred to as "AGENCY" or"PROVIDER". WITNESSETH WHEREAS, the Florida Department of Law Enforcement has awarded a sub-grant of Residential Substance Abuse Treatment Funds to the COUNTY to implement a program that provides residential substance abuse treatment services to offenders held in local correctional facilities who have at least six months and no more than twelve months of their sentence left to serve; and WHEREAS, the COUNTY is in need of an implementing agency to provide said services under this Program; and 0 WHEREAS, the AGENCY is the sole provider of this program; and 06 WHEREAS, the COUNTY has agreed to disburse the Residential Substance Abuse Treatment funds to the AGENCY in accordance with the COUNTY'S application for the Residential Substance Abuse Treatment Funds. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the AGENCY agree as follows: 1. TERM - The term of this Agreement is from January 1, 2021 through December 31, 2021, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The AGENCY will provide services, in compliance with all provisions, as < outlined in the COUNTY'S Residential Substance Abuse Treatment Sub-Grant Award, attached, and made a part hereof (Attachment B). cv 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 $133,334. The total sum represents federal grant/state sub-grant support in the amount of $100,000 and local matching funds in the amount of $33,334, which amount shall be provided by the County. All funds shall be distributed and expended in accordance with the Project Budget Narrative as outlined in the grant agreement. i 4. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "Residential Substance Abuse Treatment (RSAT) Program Certificate of Subaward" and all laws, rules and regulations relating thereto are incorporated by reference (Attachment B). CD cv S. IMPLEMENTING AGENCY BOUND - The AGENCY is an implementing agency under the >_ COUNTY'S Residential Substance Abuse Treatment Program and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the AGENCY shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Florida Department of Law Enforcement Residential Substance Abuse Treatment Grant Program. 6. BILLING AND PAYMENT (a) The AGENCY shall comply with the program and expenditure reporting requirements for Residential Substance Abuse Treatment Grant funds. The AGENCY shall provide all documents and information as set forth in Attachment F 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 1 Packet Pg.294 C.11.c to the COUNTY, monthly itemized invoices, not later than 7 business days after the end of each month, properly dated, describing the services rendered, the unit cost of the services, and all other information required including supporting documentation validating delivery of services. The County Clerk's Office may accept Reimbursement Requests electronically, but only when submitted and formatted in a PDF file with notarized letter/invoice and supporting documentation together in one (1) file. The AGENCY agrees to submit hard copies of Reimbursement Request and supporting documentation, upon request, sending the original invoice 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 - Residential Substance Abuse Treatment Funds Sub-Grant Award. Evidence of services rendered by the AGENCY shall be in the form of a letter, od summarizing the units of services with supporting documentation of service delivery attached. The letter 00 should contain a notarized certification statement. An example of a payment request cover letter is included as Attachment A. 7. 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. 8. ACCESS TO FINANCIAL RECORDS AND PUBLIC RECORDS. - PROVIDER must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and PROVIDER shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this contract and related to contract > performance. The County shall have the right to unilaterally cancel this contract upon violation of this u- provision by the PROVIDER. Failure of the PROVIDER to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The PROVIDER is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the PROVIDER is required to: CD cv (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the PROVIDER does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the PROVIDER or keep and maintain public records that would be required by the County to perform the service. If the PROVIDER transfers all public records to the County upon completion of the contract, the PROVIDER shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the PROVIDER keeps and maintains public records upon completion of the 2 Packet Pg.295 C.11.c contract, the PROVIDER shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the PROVIDER of the request, and the PROVIDER must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the PROVIDER does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option �? and right to unilaterally cancel this contract upon violation of this provision by the PROVIDER. An PROVIDER who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The PROVIDER shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 06 IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292-3470 BRADLEY-BRIAN@)MON ROECOU NTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9. AUDIT AND RIGHT TO 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. In addition, the 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. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; general ledger entries detailing cash and if applicable trade >- discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by W County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job CD site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, cv CD observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information CN and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractor's representatives. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. The right to audit provisions survives the 0 termination of expiration of this Agreement. 10. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: FOR PROVIDER: Grants Administrator Maureen Dunleavy, MA, NCC LMHC 1100 Simonton Street Regional Vice-President Key West, FL 33040 Guidance/Care Center 1205 Fourth Street Key West, FL 33040 3 Packet Pg.296 C.11.c 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. 11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level sufficient to allow �? for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the AGENCY at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. 12. 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, od or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the AGENCY. If the AGENCY receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically LU be terminated. 13. 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. 14. 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 u— to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNTY. IS. INDEMNIFICATION AND HOLD HARMLESS. 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 cv services provided by the AGENCY occasioned by the negligence, errors, or other wrongful act or omission cN of the AGENCY'S employees, agents, or volunteers. 16. ATTORNEY'S FEES AND COSTS. The County and AGENCY agree that in the event any 0 cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 17. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and AGENCY and their respective legal representatives, successors, and assigns. 4 Packet Pg.297 C.11.c 18. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 19. NO SOLICITATION/PAYMENT. The County and AGENCY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the AGENCY agrees that the �? County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 20. COMPLIANCE WITH LAW. 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 hereinafter adopted. Any violation of said statutes, od ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the AGENCY. 0. 21. PROFESSIONAL RESPONSIBILITY AND LICENSING. The AGENCY shall assure that all professionals have current and appropriate professional licenses and professional liability insurance 0 coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal certification and/or licensure of the AGENCY'S program and staff. 22. NON-DISCRIMINATION. The COUNTY and AGENCY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The COUNTY and AGENCY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of >- 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, u- and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on Ua the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to CD nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, cv CD §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and cN drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 23. COVENANT OF NO INTEREST. County and AGENCY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 24. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the AGENCY in this Agreement and the acquisition of any 5 Packet Pg.298 C.11.c commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 2S. ATTESTATIONS. AGENCY agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 26. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the �? territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 27. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally od on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 28. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the 20 extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 29. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the AGENCY agree that neither the County nor the AGENCY or any agent, officer, or employee of either shall have the authority to inform, >- counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have W entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 30. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and AGENCY agree that venue will lie in the appropriate 2 court or before the appropriate administrative body in Monroe County, Florida. The County and AGENCY agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 31. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the AGENCY shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 32. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of 6 Packet Pg.299 C.11.c this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and AGENCY agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 33. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein, and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. 0 U 06 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: As Deputy Clerk Mayor/Chairman Guidance/Care Center, Inc., a Florida >- 501(c)(3) not-for-profit corporation W (Federal ID No, ) Witness c e®i RA MP By 61 tness Executive Officer N Guidance/Care Center, Inc., a Florida 501(c)(3) not-for-profit corporation �- h 7 Packet Pg.300 C.11.c ATTACHMENT A ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date ca The following is a summary of the expenses for (Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX 06 (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 checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director >- Attachments (supporting documentation) TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) 0 State of i County of CD This instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization N N this day of (month), (year), >U" by (name of officer or agent, title or officer or agent) of (name of entity). Personally Known Produced Identification: Type of ID and Number on ID (Seal) Signature of Notary Name of Notary (Typed, Stamped or Printed) Notary Public, State of 8 Packet Pg.301 ATTACHME C.11.c Residential Substance Abuse Treatment (RSAT) Program CERTIFICATE OF SUBAWARD Subrecipient: Monroe County Board of Commissioners Subrecipient DUNS: 085566461 Date of Award: 03/12/2021 Grant Period: From: 01/01/2021 TO: 12/31/2021 CJ CJ Project Title: MEN'S JAIL IN-HOUSE DRUG ABUSE TREATMENT PROGRAM Subgrant Number: 2021-RSAT-MONR-1-H7-004 Federal Funds: $100,000.00 0 Matching Funds: $33,334.00 06 Total Project Cost: $133,334.00 CFDA Number: 16.593 Federal Award Number: 2019-J2-BX-0013 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 0 WHEREAS,the Department has available funds resulting from a federal Residential Substance Abuse Treatment CJi award issued under 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. CD CD 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 9 Packet Pg.302 C.11.c Residential Substance Abuse Treatment (RSAT) Program CERTIFICATE OF SUBAWARD (CONTINUED) records,purchase orders, original receipts, invoices,canceled checks or EFT records, or bank statements, as applicable. Payment shall be contingent upon the Department's grant manager receiving and accepting the invoice and requested supporting documentation. The Subrecipient must provide Performance Reports on either a monthly or quarterly basis,as designated in the Performance Section of the agreement,to the Department attesting to the progress toward deliverables and to validate the required minimum acceptable level of service performed. Performance Reports are due no later than 15 days after the end of each reporting period. This award is subject to all applicable rules,regulations, and conditions as contained in the Office of Justice Programs (OJP) Financial Guide,and/or the Office of Management and Budget(OMB)Uniform Grant Requirements(2 C.F.R. Part 200), in their entirety. It is also subject to the standard and special conditions attached and such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government. 0 Failure to comply with provisions of this agreement,or failure to meet minimum performance specified in the agreement will result in required corrective action up to and including project costs being disallowed,withholding of 06 federal funds and/or termination of the project, as specified within the terms of the agreement and OMB Uniform Guidance 200.338-200.342. uthorid' icial Date Cod cof Bureau Chief This award is subject to the special conditions(if any)prescribed below. Ref#S45377: WITHHOLDING OF FUNDS: Subawards under this agreement must comply with the Office of Management and Budget(OMB) Uniform Requirements,2 C.F.R. 200.331. Prior to the execution of the tiered subaward and drawdown of funds for contractual services,the subgrantee must submit a draft of the contractual agreement between them and their provider to the Office of Criminal Justice Grants. N 0 CJ CD CD N 10 Packet Pg.303 .......... Residential Substance Abuse Treatment (RSAT) Program SPECIAL CONDITIONS Subreciplent: Monroe County Board of Commissioners Subgrant Number:2021-RSAT-MONR-1-H7-004 Project Title: MEN'S JAIL IN-HOUSE DRUG ABUSE TREATMENT PROGRAM CJ Pass-through Entity:Florida Department of Law Enforcement ......................................... In addition to the attached standard conditions,the above-referenced grant project is subject to the special conditions set forth below. Ref#S45377: WITHHOLDING OF FUNDS:Subawards under this agreement must comply with the Office of 0 Management and Budget(OMB)Uniform Requirements,2 C.F.R.200.331.Prior to the execution of the tiered U subaward and drawdown of funds for contractual services,the subgrantee must submit a draft of the contractual 06 agreement between them and their provider to the Office of Criminal Justice Grants. UJ cv U_ U) U_ 0 CJ U) cv cv 11 W U_ E Packet Pg. 304 . ........ ...................... C.11.c Residential Substance Abuse Treatment (RSAT)Program ACCEPTANCE OF FEDERAL FUNDING ASSISTANCE Subrecipient:Monroe County Board of Commissioners Subgrant Number:2021-RSAT-MONR-1-H7-004 Project Title: MEN'S JAIL IN-HOUSE DRUG ABUSE TREATMENT PROGRAM Pass-through Entity: Florida Department of Law Enforcement tj CJ ................-—---- .......... This award is subject to all applicable rules, regulations,and conditions,as contained in the Department of Justice Grants Financial Guide,and the Office of Management and Budget Uniform Grant Requirements(2 C.F.R. Part 200). This award is also subject to the incorporated standard and special conditions,and such further rules,regulations,and policies as may be reasonably prescribed by the State or Federal Government. In witness whereof,the parties affirm they each have read and understand the conditions set forth in this agreement, 0U have read and understand the agreement in its entirety,and accept this agreement through the signature of their duly 06 authorized officers on the date, month,and year set out below. Monroe County Board of Commissioners Authorizing Official(Commission Chairperson,Mayor,or Designated Representative) Nc Signature Date ............ u_ Printed Name an tie U) Monroe County Board of Commissioners Authorizing Official(Official,Administrator,or Designated Representative) u_ Signature Date 0 CJ ................. Printed Name and Title U) cv W Florida Department of Law Enforcementcv >_ Office of Criminal Justice Grants u_ E Date Cody Menacof, Bureau Chief ............ Printed Name and Title 12 Packet Pg. 305 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official c� c� Name: Michelle Coldiron Title: Mayor Address: 25 Ships Way City: Big Pine Key State: FL Zip: 33043-3114 Phone: 305-292-4512 Ext: 06 Fax: U Email: Boccdis2@monroecounty-fl.gov CL U Chief Financial Officer Name: Kevin Madok M Title: Clerk of Court Address: Post Office Box 1980 LU J City: Key West U. State: FL Zip: 33041-1980 Phone: 305-295-3130 Ext: Fax: Email: kmadok@monroe-clerk.com U. u. r U 2 r r- 0 to I Q N N u. r 0 E U 0 r r Q Application Ref#2020-RSAT-133 Section#1 Page 1 of 2 Contract# 2021-RSAT-MONR-1-H7-004 OCJG-005(rev.April 2005) 13 Packet Pg.306 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official c� Name: Michelle Coldiron Title: Mayor Address: 25 Ships Way r City: Big Pine Key 2 State: FL Zip: 33043-3114 0 Phone: 305-292-4512 Ext: U 06 Fax: 0 Email: Boccdis2@monroecounty-fl.gov 0. 0 Project Director Name: Janet Gunderson Title: Senior Grants and Finance Analyst Address: 1100 Simonton Street LU J Room 2-213 U. City: Key West State: FL Zip: 33040-3110 Phone: 305-292-4470 Ext: Fax: 305-292-4515 Email: Gunderson-Janet@monroecounty-fl.gov U. r U 2 r r- 0 to I Q N N u. r 0 E U 0 r r Q Application Ref#2020-RSAT-133 Section#1 Page 2 of 2 Contract# 2021-RSAT-MONR-1-H7-004 OCJG-005(rev.April 2005) 14 Packet Pg.307 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Project Information Project Title: MEN'S JAIL IN-HOUSE DRUG ABUSE TREATMENT PROGRAM Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 1/1/2021 End Date: 12/31/2021 Problem Identification r South Florida, including Monroe County and the Florida Keys, continues to have the unfortunate r distinction of being designated as a high-intensity drug trafficking area and, as such, is a leading U illicit drug importation area. This has increased the availability of illicit drugs in Monroe County resulting in drug abuse rates higher than both the state and national averages. The Drug Enforcement Agency noted in their 2019 Opioid Report that from 2006 to 2012 there were 06 30,791,325 prescription pain pills, enough for 60 pills per person per year, supplied to Monroe U County. The Florida Department of Corrections recorded 3,295 drug/narcotic arrests in Monroe County for males during the six-year period of 2012 through 2017. The lowest recorded number of C arrests during this time was 456 in 2015; the highest was 673 in 2017 - an increase of nearly 48% s over two years. In 2017, Key West Police Department made 254 drug/narcotic arrests (37.7% of drug/narcotic arrests in Monroe County). Of individuals arrested in Monroe County on M drug/narcotic related charges in 2017, 76.5% are White, 22.0% are African American, and 1.5% are Asian. According to the Florida Department of Corrections, in December 2018, Monroe J County had the fourth highest rate of incarceration among all Florida counties: 7.5 per 1,000 U. population. This is an increase from 6.6 in December 2017. The FDLE 2018 Medical Examiners Commission Drug Report indicates that compared to 2017 report 3,693 (9 more) individuals died with at least one prescription drug in their system that was identified as the cause of death. The most frequently occurring drugs found in those who died were alcohol (5,140), benzodiazepines (4,624, including 1,654 alprazolam occurrences), cocaine (2,856), fentanyl (2,703), marijuana (2,590), morphine (1,863), oxycodone (1,181), amphetamine (1,103), methamphetamine (1,056), U. u. and fentanyl analogs (1,052). Prescription drugs account for 58 percent of all drug occurrences in their report when alcohol is excluded. South Florida, including Monroe County and the Florida U 2 Keys, like many areas of the country has seen an influx of opiate related deaths and increase in opiate abuse. Clearly substance abuse treatment remains a need for our community. The Monroe �° County Sheriff's Office, Public Defender, and State Attorney's office have indicated a continued need for diversion and treatment services including programs which will allow the county to decrease the number of days' individuals spend incarcerated. N The project proposed by the service provider supports Monroe County's strategic plan that addresses an identified priority in reducing criminal recidivism related to substance use. If we do U. not address and treat current substance use in our inmates research has concluded that conditions are ripe for the opioid epidemic to worsen in the coming years and that current efforts E to reduce misuse of prescription opioids are unlikely to have a significant effect on the number of U opioid overdose deaths in the near future. What's needed, they wrote, is a multipronged approach that includes not only programs that monitor and restrict prescriptions, but one that also improves access to treatment, expands the number of interventions that reduce the harms associated with opioid use, and reduces exposure to illicit opioids. [1]. The proposed Application Ref#2020-RSAT-133 Section#2 Page 1 of 5 Contract# 2021-RSAT-MONR-1-1-17-004 OCJG-005(rev.April 2005) 15 Packet Pg.308 ' Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment program increases access to treatment and provides comprehensive substance abuse treatment to inmates during incarceration. [1] Devitt, Michael, "Research Shows Nation's Opioid Epidemic Is Far from Over, More Comprehensive Approach Is Needed to Reduce Opioid Use, Deaths; For family physicians who grapple with the effects of the opioid epidemic on a daily basis, there's new evidence that things may, unfortunately, get worse before they start to get better", 20 Feb, 2019. American Academy of Family Physicians (AAFP) <https://www.aafp.org/news/health-of-the- public/20190220opioidprojections.htmI> In addition, on May 13, 2020 Miami Herald reported that with coronavirus-related stress on the U rise, so is alcohol and drug use, according to a national survey. Findings by The Recovery Village, a Florida-based network of addiction treatment facilities, reflect an "expected" increase in substance use during the pandemic, with Americans reporting a 55% rise in alcohol consumption 06 in April 2020. When it came to illicit drugs, 36% of Americans reported increased use of marijuana 0) and prescription opioids, among others. "Experts have already started to voice concerns on the r_ secondary effects America is yet to see from COVID-19", researchers wrote, among them being C "increased rates of addiction afterward due to the stress of isolation, boredom, decreased access s to recovery resources and unemployment". The jail-based program has been able to provide substance abuse treatment throughout the pandemic and it is expected these services will M continue to be crucial to this community given these statistics. UJI Summary of project accomplishments from pre-existing subgrant (2020-RSAT-MONR-1-D2-002) J that have been achieved: U. Q Data reported in "Completions" and "Reincarcerations" sections the Quarterly Performance Report from the most recent grant periods, January 1, 2020 through September 30, 2020 r N *Completions- "How many successful RSAT completions were released in the community during U. the reporting period?" Jan-20 to Mar-20 = 13; Apr to June = 12; Jul to Sept = 11; Total Successful Completions = 36 U 2 r r_ *Completions- "During the reporting period, how many successful RSAT completions were O to released into the community with a continuity of care arrangement, re-entry and/or transitional r-I plan?" Jan-20 to Mar-20 = 12; Apr to June = 12; Jul to Sept = 10; Total Successful Completions Released with a Continuity of Care Arrangement = 34 N *Reincarcerations- "How many successful RSAT completions were released, and subsequently reincarcerated on a new criminal charge during the reporting period?" Jan-20 to Mar-20 = 3; Apr �- to June = 0; Jul to Sept = 0; Total Successful Completions Released then Reincarcerated = 7 (8% of successful completions) U In the proposal of 2020-RSAT-MONR-1-D2-002 it was estimated that 8% of the successful completions would be reincarcerated for a new criminal charge; data results from 2020-RSAT- MONR-1-002 indicate a successful outcome which was met. Note: The largest number of arrests were in first quarter prior to COVID-19. We also follow recidivism for the year following discharge. It is important to note that average Application Ref#2020-RSAT-133 Section#2 Page 2 of 5 Contract# 2021-RSAT-MONR-1-1-17-004 OCJG-005(rev.April 2005) 16 Packet Pg.309 Application for Funding Assistance c.11.c Florida Department of Law Enforcement Residential Substance Abuse Treatment rate of recidivism for the year following incarceration is 6%. In summary, a multipronged approach that includes not only programs that monitor and restrict prescriptions, but one that also improves access to treatment, expands the number of interventions that reduce the harms associated with opioid use, and reduces exposure to illicit opioids; this program is more important now, than ever. to Project Summary (Scope of Work) The Jail-In House Drug Treatment Program (JIP) located within the Monroe County Detention r Center began in 1997. It remains today as one of the few such programs operated within a county jail in Florida and the only opportunity for some men to receive intensive drug abuse treatment s within Monroe County. Moreover, these men are able to get treatment quickly instead of being one of the 66% of substance abusing Florida residents who desire help but are unable to access treatment due to Florida's lengthy waiting list for substance abuse services as reported by the U Florida Department of Children and Families. This program has been able to attain and maintain a 0) very low recidivism rate for participants in the last 10 years with the addition of evidence-based r_ practices and special attention to the unique needs of substance abusing men. The program has CL a very close relationship with county judges, attorneys, and the administration of the Monroe U County Detention Center as well as city and county authorities. Men who complete treatment are often granted early release from incarceration to begin rebuilding their lives, thereby saving the county the expense of their continued detainment. Clients are taught coping skills to manage stress, anxiety, triggers to relapse. Groups also cover job interviewing skills, resume creation, LU professionalism, budgeting, opening a bank account and household management skills. These J skills attained within the context of treatment increases the chances of sustained recovery, U. healthier family and other personal relationships and safer communities; as they have successfully completed an intensive, comprehensive treatment program. r The Jail In-house Program (JIP)was developed in order to provide substance abuse treatment services to county inmates to lay the foundation for sustained recovery. The majority of clients are U. court ordered by the Drug Court, Circuit Court and County Court Judges in Monroe County. The rest enter the program as volunteers who have met the criteria for drug/alcohol treatment and will U be in the county jail a minimum of 182 days. JIP will serve 70 male inmates. Clients must have a minimum of six months'jail time to complete the program, agree to follow all program rules including the absence of disciplinary infractions while incarcerated and complete all program I assignments and attend groups five days per week. Once clients have been referred to JIP, a biopsychosocial and program orientation is completed to determine treatment needs within seven (7) days of receiving court order. Additional assessments are conducted including Mental Health Status and the Post Traumatic Check List (PCL-5)which identify suicide risk levels, trauma and impairments in functioning. If a mental health diagnosis is identified as part of the assessment, the U. client receives a referral for mental health services. These clients continue to participate in the JIP to address the substance use disorder and criminal thinking and behavior. During client E treatment, JIP program staff will collaborate with other service providers, since treatment of co- occurring disorders are seen as a vital part of recovery from substance abuse. Admission policies are welcoming to individuals with co-occurring disorders, learning disabilities, illiteracy and other special individualized needs allowing access for all who probably otherwise would not receive services. Application Ref#2020-RSAT-133 Section#2 Page 3 of 5 Contract# 2021-RSAT-MONR-1-H7-004 OCJG-005(rev.April 2005) 17 Packet Pg.310 Application for Funding Assistance c.11.c Florida Department of Law Enforcement Residential Substance Abuse Treatment Client-centered individualized treatment plans, funded by this RSAT program are tailored to the needs of men, are a cornerstone of gender-responsive treatment. Following completion of the comprehensive assessment the JIP counselors and clients collaboratively develop a person- centered Wellness Plan in the first month of service. This plan is continuously being developed and then reviewed and updated with the participant every 30 days throughout the course of the program. JIP treatment services are delivered by three (3) program staff and one (1) program coordinator. Groups are facilitated five (5)days per week. In addition, each program participant is assigned a primary counselor/case manager for monthly individual sessions, to assist with treatment planning, provide comprehensive case management and to monitor progress and discharge planning. r U Treatment services use several evidence-based practices including Cognitive Behavioral Therapy (CBT) curriculum entitled "Substance Abuse and Criminal Conduct: Strategies for Self- ta Improvement and Change, Pathways to Responsible Living" authored by Harvey Milkman and 06 Kenneth Wanberg which includes a client workbook for them to keep. Moral Reconation Therapy 0) (MRT), is also used to decrease recidivism among criminal offenders by increasing moral M reasoning. Additionally, treatment in the correctional setting incorporates trauma-informed and C gender- responsive treatment through the use of the evidenced-based. "Seeking Safety" s treatment model to promote the healing and edification of the human spirit. These relational models support the development of healthy relationships with self, significant others, and the M community at large in order to reduce the risk of relapse and recidivism. An evidenced-based Relapse Prevention Therapy program will also be incorporated. UJI U. Clients are required to complete all program service components in 2 phases in a minimum of six months. Each phase of treatment includes phase specific"dorm-work" assignments that are reviewed and graded by program staff. Clients are only allowed to phase up to level 2 and successfully graduate the program once all assignments are completed and presented to staff and their JIP peers. Clients are required to submit daily homework assignments, attend groups and maintain their behavior in the dorm and groups. When clients move from one phase to the next is U. not pre-determined and the timeline is individualized based on progress. To ensure the program r achieves its intended outcomes and community impact, outcome data is collected from the U electronic health record so the program can monitor deliverables; assess where it needs improvements; and make timely adjustments to address the desired outcomes more effectively �° and efficiently. JIP staff submit monthly status report to Jail Program Director. Program r-I coordinator submits quarterly and annual reports to the County grant administrators. Treatment in the program is a minimum of six (6) months and a maximum of one (1)year. Successful program completion rate will be 80% or higher. Recidivism will be collected and monitored post-discharge using the county arrest data system. JIP staff plan for the client's �- discharge. Aftercare services are encouraged as a part of re-entry planning and last up to six (6) months once the client is released. Aftercare includes both mental health and substance abuse E needs. Clients are given appointments with a psychiatrist as part of aftercare and assigned a case U worker to help them with appointments, treatment adherence, accessing of community services and medication assistance. If MAT (Medication Assisted Treatment) is needed it will be added to discharge planning to occur post release. Application Ref#2020-RSAT-133 Section#2 Page 4 of 5 Contract# 2021-RSAT-MONR-1-H7-004 OCJG-005(rev.April 2005) 18 Packet Pg.311 Application for Funding Assistance c.11.c Florida Department of Law Enforcement Residential Substance Abuse Treatment Corrections staff conduct random drug testing of program participants with tests provided by the contracted services. If a client tests positive for drugs, there is disciplinary action resulting in 30 days in lock down and a return to court for judicial review of the case. Tests used are the Reditest icup which is a 10 panel dip sticks testing for amphetamine, benzodiazepines, cocaine, opiates, synthetic opiates, THC, PCP, barbiturates, and MDMA. Deliverable: Monroe County will use grant funds to deliver residential substance abuse treatment to the male population housed in the sheriff's office jail who meet the RSAT criteria to participate. Documentation to be provided at monitoring will include procurement documentation, purchase orders, invoices, packing slips, and cancelled checks or statements. r U r 0 U 06 0 U 0 r 0. 0 U U Q 0 UJI Q J U. Q r N U. u. r U 0 r 0 to I Q N N u. r 0 E U 0 r r Q Application Ref#2020-RSAT-133 Section#2 Page 5 of 5 Contract# 2021-RSAT-MONR-1-H7-004 OCJG-005(rev.April 2005) 19 Packet Pg.312 Application for Funding Assistance c.11.c Florida Department of Law Enforcement Residential Substance Abuse Treatment General Performance Info: Performance Reporting Frequency: Quarterly Prime Purpose Area: 0001 - Residential Substance Abuse Treatment State Purpose Area: 0001 - Residential Substance Abuse Treatment Activity Description Activity: Other Drug Treatment s Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail 06 0 U CL Objectives and Measures U U Objective: 1 -The subrecipient must complete the Performance Measures Worksheet and 20 submit to the Office of Criminal Justice Grants (OCJG)on April 30, July 30, August 30, and January 30. LU Measure: 3 U. The subrecipient must complete the Performance Measures Worksheet and submit to the Office of Criminal Justice Grants (OCJG) no later than April 15, July 15, (n October 15 and January 15. Goal: Yes N U. u. Objective: PSO-01 - Continuance of the success, reflected by a low recidivism rate, of the Men's Jail In-house Drug Abuse Treatment Program, a multi-pronged approach to substance L abuse treatment that includes: Psychosocial Assessment, Individual Counseling, Group Therapy and Case Management, including Aftercare Planning; thus providing �° substance abusing men the tools for a sustained recovery, healthier family and safer communities. (n N N U. r E U r r Application Ref#2020-RSAT-133 Section#3 Page 1 of 2 Contract# 2021-RSAT-MONR-1-1-17-004 OCJG-005(rev.April 2005) 20 Packet Pg.313 ' Application for Funding Assistance c.11.c Florida Department of Law Enforcement Residential Substance Abuse Treatment Section Questions: Question: How many beds/slots will receive RSAT services? Answer: 80 Question: What is the total population of the facility in which the RSAT program is located. to Answer: 596 Question: How many participants are anticipated to complete the RSAT program within the subgrant period? Answer: 75 r 0 Question: How many participants are anticipated to enter the RSAT program within the subgrant U period? 0) Answer: 80 0 r 0. Question: Provide the physical address(es)for the facility in which the RSAT program is 0) located. Answer: Monroe County Detention Center 5525 College Road Key West, FL 33040 UJI U. Q r N U. u. r U 0 r r- 0 to I Q N N u. r 0 E U 0 r r Q Application Ref#2020-RSAT-133 Section#3 Page 2 of 2 Contract# 2021-RSAT-MONR-1-H7-004 OCJG-005(rev.April 2005) 21 Packet Pg.314 Application for Funding Assistance c.11.c Florida Department of Law Enforcement Residential Substance Abuse Treatment General Financial Info: Note: All financial remittances will be sent the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly to Is the subgrantee a state agency?: No r FLAIR/Vendor Number: 596000749 r U Budget: r 0 U Budget Category Prime Match Total 06 0 U r- Salaries and Benefits $0.00 $0.00 $0.00 0 CL U U Contractual Services $100,000.00 $33,334.00 $133,334.00 -a 0 3 Expenses $0.00 $0.00 $0.00 J U. Operating Capital $0.00 $0.00 $0.00 Outlay r Indirect Costs $0.00 $0.00 $0.00 U. u. --Totals -- $100,000.00 $33,334.00 $133,334.00 U 0 r Percentage 74.9996 25.0003 100.0 0 to I Project Generated Income: Will the project earn project generated income (PGI)? No N U. r 0 E U 0 r r Q Application Ref#2020-RSAT-133 Section#4 Page 1 of 6 Contract# 2021-RSAT-MONR-1-H7-004 OCJG-005(rev.April 2005) 22 Packet Pg.315 Application for Funding Assistance c.11.c Florida Department of Law Enforcement Residential Substance Abuse Treatment Budget Narrative: Contractual Services = $133,334 1)Assessments 283 quarter hours @ $19.27/gtr. hr. = $5,453 2) Individual Counseling 1,038 quarter hours @ $16.87/gtr. hr. = $17,511 3) Group Therapy 10,042 quarter hours @ $4.22/qtr. hr. = $42,377 4) Case Management 2,994 quarter hours @ $22.71/gtr. hr. = $67,993 The budget reflects costs directly associated with the provision of substance abuse treatment, mental health, and educational services to inmates in the Monroe County Detention Center. The unit cost rates were derived by using the hourly rates from the FY 2020-21 State funding contract 2 r for Substance Abuse and Mental Health (SAMH) services and dividing by four(4) to arrive at the o quarter hour (.25) rates. U 06 0) (1) Psychosocial Assessment: Monroe County through a contracted service/treatment provider will interview all program participants for the purposes of data collection of educational, employment, CL criminal, medical, family, substance abuse and mental health histories to assist in the U determination of the inmates' appropriateness for the program and to update treatment plans. Unit of Service: Client direct service quarter hour(.25) 20 Unit Rate: $19.27 3 Units Requested: 283 Total Cost: $5,453 J U. (2) Individual Counseling: Monroe County through its contracted service/treatment provider will provide one-on-one counseling to all program participants to review progress and develop treatment plans and work on treatment plan goals and objectives. r Unit of Service: Client direct service quarter hour(.25) Unit Rate: $16.87 U. Units Requested: 1,038 quarter hours Total Cost: $17,511 2 r (3) Group Therapy: Monroe County through its contracted service/treatment provider will provide o group therapy to all program participants weekly. Group counseling among program participants t�l will be conducted to include the introduction of"Self-help groups" and their attendance to establish an ongoing support network. Unit of Service: Client direct service quarter hour(.25) Unit Rate: $4.22 Units Requested: 10,042 quarter hoursU. Total Costs: $42,377 (4) Case Management: Monroe County through its contracted service/treatment provider will provide the coordination of adjunctive services, discharge and aftercare planning, communication with collateral contacts, linkage with other treatment resources to all program participants. Unit of Service: Client direct service quarter hour(.25) Unit Rate per qtr. hr.: $22.71 Units Requested: 2,994 quarter hours Total Cost: $67,994 Basis for Unit Cost: Each service is based on the cost centers cited in the Florida Application Ref#2020-RSAT-133 Section#4 Page 2 of 6 Contract# 2021-RSAT-MONR-1-H7-004 OCJG-005(rev.April 2005) 23 Packet Pg.316 Application for Funding Assistance c.11.c Florida Department of Law Enforcement Residential Substance Abuse Treatment Budget Narrative (Continued): Department of State Administrative Code (FAC); Department of Children and Families; Division of Mental Health, Chapter: Community Substance Abuse and Mental Health Services; Financial Rule No. 65E-14.021 (Unit Cost Method of Payment). Financial Rule 65E-14.021, Schedule of Covered Services was updated on 4/27/2016. (1) Psychosocial Assessment Description -The systematic collection and integrated review of individual-specific data, such as examinations and evaluations. This data is gathered, analyzed, monitored and documented to develop the person's individualized plan of treatment and to monitor recovery. Psychosocial assessment specifically includes efforts to identify the person's key medical and psychological needs, competency to consent to treatment, history of mental illness or substance use and indicators of co-occurring conditions, as well as clinically significant neurological deficits, traumatic brain injury, organicity, physical disability, developmental disability, 2 need for assistive devices, and physical or sexual abuse or trauma. o Unit of Measure: Direct Staff Hour Treatment Provider Contract: $77.08 U Subgrant Application: $19.27 per quarter(.25) hour 06 0) U r_ (2) Individual Counseling Description - Outpatient services provide a therapeutic environment, a which is designed to improve the functioning or prevent further deterioration of persons with mental a) health and/or substance abuse problems. These services are usually provided on a regularly scheduled basis by appointment, with arrangements made for non-scheduled visits during times of -a increased stress or crisis. Outpatient services may be provided to an individual or in a group M setting. The group size limitations applicable to the Medicaid program shall apply to all Outpatient services provided by a SAMH-Funded Entity. This covered service shall include clinical J supervision provided to a service provider's personnel by a professional qualified by degree, U. licensure, certification, or specialized training in the implementation of this service. Unit of Measure: Direct Staff Hour Treatment Provider Contract: $67.48 (n Subgrant Application: $16.87 per quarter(.25) hour r (3) Group Therapy Description - Outpatient services provide a therapeutic environment, which is U. designed to improve the functioning or prevent further deterioration of persons with mental health �. and/or substance abuse problems. These services are usually provided on a regularly scheduled basis by appointment, with arrangements made for non-scheduled visits during times of increased 2 r stress or crisis. Outpatient services may be provided to an individual or in a group setting. The o group size limitations applicable to the Medicaid program shall apply to all Outpatient services I provided by a SAMH-Funded Entity. This covered service shall include clinical supervision provided to a service provider's personnel by a professional qualified by degree, licensure, certification, or specialized training in the implementation of this service. Unit of Measure: Direct Staff Hour Treatment Provider Contract: $16.88 Subgrant Application: $4.22 per quarter(.25) hour U. (4) Case Management Description - Case management services consist of activities that identify the recipient's needs, plan services including aftercare, link the service system with the person, coordinate the various system components, monitor service delivery, and evaluate the effect of the services received. This covered service shall include clinical supervision provided to a service provider's personnel by a professional qualified by degree, licensure, certification, or specialized training in the implementation of this service. Application Ref#2020-RSAT-133 Section#4 Page 3 of 6 Contract# 2021-RSAT-MONR-1-1-17-004 OCJG-005(rev.April 2005) 24 Packet Pg.317 Application for Funding Assistance c.11.c Florida Department of Law Enforcement Residential Substance Abuse Treatment Budget Narrative (Continued): Unit of Measure: Direct Staff Hour Treatment Provider Contract: $90.84 Subgrant Application: $22.71 per quarter(.25) hour TOTAL PROGRAM COST: $133,334 TOTAL MATCH: $33,334 TOTAL FEDERAL: $100,000 to Grant funds may be used to pay for any applicable shipping, freight, and/or installation costs. Grant funds will NOT be used to pay for extended warranties outside of the project period. r Any costs that exceed the grant allocation will be the responsibility of the subrecipient and/or 2 implementing agency. o U All items, quantities, and/or prices above are estimates based on the information available at the 06 0 time of application. r Source of Local Governmental Cash Match: Ad Valorem Tax a) U Q 0 UJI Q J U. Q r N U. u. r U 2 r r- 0 to I Q N N u. r 0 E U 0 r r Q Application Ref#2020-RSAT-133 Section#4 Page 4 of 6 Contract# 2021-RSAT-MONR-1-H7-004 OCJG-005(rev.April 2005) 25 Packet Pg.318 Application for Funding Assistance c.11.c Florida Department of Law Enforcement Residential Substance Abuse Treatment Section Questions: Question: What is the Operating Capital Outlay threshold used by the subgrantee? Answer: 0 Question: What percentage of the total cost of this project is being funded by sources other than this award? ti Answer: 51 Question: What is the expiration date of the current SAM.gov registration? r Answer: 4/13/2021 U 2 r r- Question: If contractual services in the budget are based on unit costs provide a definition for O to each cost and the methodology or basis for the unit cost. 06 Answer: Basis for Unit Cost: Each contractual service is based on the cost centers cited in the 0) Florida Department of State Administrative Code (FAC); Department of Children and Families; Division of Mental Health, Chapter: Community Substance Abuse and C Mental Health Services; Financial Rule No. 65E-14.021 (Unit Cost Method of Payment). Financial Rule 65E-14.021, Schedule of Covered Services was updated on 4/27/2016. M https://www.firuies.org/gateway/RuieNo.asp?title=COMMUNITY%20SUBSTANCE%2 OABUSE%20AND%20MENTAL%20HEALTH%20SERVICES%20 UJI - %20FINANCIAL%20RULES&ID=65E-14.021 U. *Psychosocial Assessments 283 quarter hours @ $19.27 = $5,453.41 Definition of Psychosocial Assessment: An interview will be conducted all program participants for the purposes of data collection for educational, employment, criminal, medical, family, substance abuse and mental health histories to assist in determination of the inmates' appropriateness for the program and to update U. treatment plans. r U 2 *Individual Counseling 1,038 quarter hours @ $16.87= $17,511.06 Definition of Individual Counseling: The provision of one-on-one counseling for all �° program participants to review progress and develop treatment plans and work on treatment plan goals and objectives. *Group Therapy 10,042 quarter hours @ $4.22 = $42,377.24 Definition of Group Therapy: Provision of group counseling for all program participants to include the introduction of"Self-help groups" and their attendance to U. establish an ongoing support network. E *Case Management 2,994 quarter hours @ $22.71= $67,993.74 U Definition of Case Management: The coordination of adjunctive services, discharge and aftercare planning, communication with collateral contacts, linkage with other treatment resources. Total Contractual Services = $133,334 (rounded) 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 Application Ref#2020-RSAT-133 Section#4 Page 5 of 6 Contract# 2021-RSAT-MONR-1-H7-004 OCJG-005(rev.April 2005) 26 Packet Pg.319 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment 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 indirect cost is included, has the subrecipient included its approved Indirect Cost Plan with the application? Answer: No to to r r U r 0 U 06 0 U 0 r 0. 0 U U Q 0 UJI Q J U. Q r U. u. r U 0 r 0 to I Q N a N U. r 0 E M U 0 r r Q Application Ref#2020-RSAT-133 Section#4 Page 6 of 6 Contract# 2021-RSAT-MONR-1-H7-004 OCJG-005(rev.April 2005) 27 Packet Pg.320 C.11.c Residential Substance Abuse Treatment (RSAT) Program SUBAWARD STANDARD CONDITIONS The State of Florida, Department of Law Enforcement(FDLE) is a recipient of federal RSAT funds. FDLE, as the non- federal pass-through entity and State Administering Agency(SAA)for this program,subawards RSAT funding 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. U 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. 06 GENERAL REQUIREMENTS All subrecipients must comply with the financial and administrative requirements set forth in the following: Current edition of the U.S. Department of Justice(DOJ)Grants Financial Guide https://oip.ggylpancialguide/doi/pdfs/DOJ FinancialGuide.pdf Office of Management and Budget(OMB) Uniform Grant Guidance(2 CFR Part 200) Subpart A, Definitions Subparts B-D,Administrative Requirements Subpart E, Cost Principles Subpart F,Audit Requirements and all applicable Appendices Code of Federal Regulations: www.gpo.gov/fdsys/ 2 C.F.R. §175.15(b),Award Term for Trafficking in Persons 28 C.F.R. §38, Equal Treatment for Faith-Based Organizations 28 C.F.R. §66, U.S. Department of Justice Common Rule for State and Local Governments 28 C.F.R. §83, Government-Wide Requirements for Drug-Free Workplace >' 28 C.F.R. §§ 18, 22, 23, 30, 35, 42, 54, 61,and 63 W 2 C.F.R. §200.331(a)(1) Requirements for Pass-Through Entities State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: https://fldoswebumbracoprod.blob.core.windows.net/media/703328/gsl-sl-202O.pdf and http://dos.myflorida.com/media/698314/gs2-sl-2 117-final.pdf U� 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 cv FY 2019 RSAT Standard Conditions Page 1 of 17 Rev. 02/2021 28 Packet Pg.321 C.11.c DEFINITION Disallowed costs means those charges to a Federal award that the Federal awarding agency or pass-through entity determines to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. Equipment means tangible personal property(including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000. See also §§200.12 Capital assets, 200.20 Computing devices, 200.48 General purpose equipment, 200.58 Information technology systems, 200.89 Special CJ purpose equipment, and 200.94 Supplies. Grant agreement means a legal instrument of financial assistance between a Federal awarding agency or pass- through entity and a non-Federal entity that, consistent with 31 U.S.C. 6302, 6304, is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non-Federal entity to carry out a public purpose authorized by a law of the United States(see 31 U.S.C.6101(3)); and not to acquire property or services for the Federal awarding agency or pass-through entity's direct benefit or use; c and is distinguished from a cooperative agreement in that it does not provide for substantial involvement between the U 06 Federal awarding agency or pass-through entity and the non-Federal entity in carrying out the activity contemplated by W the Federal award. Improper payment means any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements. Improper payment also includes any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. Micro-purchase means a purchase of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed the micro-purchase threshold.The non-Federal entity uses such procedures in order to expedite the completion of its lowest-dollar small purchase transactions and minimize the associated administrative F® burden and cost. The micro-purchase threshold is set by the Federal Acquisition Regulation in 48 CFR Subpart 2.101 (Definitions). It is $10,000 except as otherwise discussed in Subpart 2.1 of that regulation, but this threshold is periodically adjusted for inflation. �+ Modified Total Direct Cost (MTDC) means all direct salaries and wages, applicable fringe benefits, materials and >_ supplies,services,travel, and up to the first$25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess U of$25,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs,and with the approval of the cognizant agency for indirect costs. 0 Non-Federal entity is a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. Non-federal pass-through entity is a non-Federal entity that provides a subaward to a subrecipient to carry out part CD of a Federal program; the Florida Department of Law Enforcement (FDLE) is the non-federal pass-through entity forCD this agreement, also referred to as the State Administering Agency(SAA). N Period of performance means the time during which the non-Federal entity may incur new obligations to carry out the work authorized under the Federal award. The Federal awarding agency or pass-through entity must include start and m end dates of the period of performance in the Federal award(see§§200.210 Information contained in a Federal award paragraph (a)(5)and 200.331 Requirements for pass-through entities, paragraph(a)(1)(iv)). Protected Personally Identifiable Information (PII) means an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to social security numbers; passport numbers; credit card numbers; clearances; bank numbers; biometrics; date and place of birth; mother's maiden name; criminal, medical,and financial records;and educational transcripts.This does not include PI that is required by law to be disclosed. (See also§200.79 Personally Identifiable Information(PII)). Questioned cost means a cost that is questioned by the auditor because of an audit finding 1) that resulted from a violation or possible violation of a statute, regulation,or the terms and conditions of a Federal award, including for funds FY 2019 RSAT Standard Conditions Page 2 of 17 Rev. 02/2021 29 Packet Pg.322 C.11.c used to match Federal funds;2)where the costs,at the time of the audit,are not supported by adequate documentation; or 3)where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. Simplified acquisition threshold means the dollar amount below which a non-Federal entity may purchase property or services using small purchase methods. Non-Federal entities adopt small purchase procedures in order to expedite the purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1 (Definitions)and in accordance with 41 U.S.C. § 1908. As of the publication of this part, the simplified acquisition threshold is $250,000, but this threshold is periodically adjusted for inflation. (Also see definition of Micro-purchase, 2 C.F.R.§200.67) CJ Subaward is an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual who is a beneficiary of a Federal program.A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 06 W U Supplies means all tangible personal property other than those described in §200.33 Equipment.A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the non-Federal entity for financial statement purposes or $5,000, regardless of the length of its useful life. See also §§200.20 Computing W devices and 200.33 Equipment. SECTION I: TERMS AND CONDITIONS 1.0 Payment Contingent on Appropriation and Available Funds - The State of Florida's obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore,the obligation of the State of Florida to reimburse subrecipients for incurred costs is subject to available federal funds. 2.0 Commencement of Project- If a project is not operational within 60 days of the original start date of the award period, the subrecipient submit a letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. �+ If a project is not operational within 90 days of the original start date of the award period, the subrecipient must >_ submit a second statement to the Department explaining the implementation delay. Upon receipt of the ninety(90)day letter,the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subaward funds to other Department approved projects.The Department,where warranted by extenuating circumstances, may extend the starting date of the project past the ninety(90)day period, but only by formal written adjustment to this agreement. 3.0 Supplanting -The subrecipient agrees that funds received under this award will not be used to supplant state or local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. cv 4.0 Personnel Changes -The subrecipient agrees to promptly notify the Department through the SIMON Help Desk of any change in chief officials or key project staff, including changes to contact information or title changes. The subrecipient acknowledges that some changes in points of contact will require formal grant adjustment to reflect the change in the agreement. m 5.0 Non-Procurement, Debarment and Suspension - The subrecipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 C.F.R. § 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension(Non-procurement)". These procedures require the subrecipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred,suspended,declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subaward is$100,000 or more, the sub recipient and implementing agency certify that they and their principals: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; FY 2019 RSAT Standard Conditions Page 3 of 17 Rev. 02/2021 30 Packet Pg.323 C.11.c 2) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal,state,or local)transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft,forgery, bribery,falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state, or local)with commission of any of the offenses enumerated in paragraph (a)(ii)of the"Lobbying, Debarment and Drug Free Workplace" certification;and U 4) Have not within a three-year period preceding this application had one or more public transactions (federal, state, or local)terminated for cause or default. 6.0 Federal Restrictions on Lobbying- In general,as a matter of federal law,federal funds may not be used by any subrecipient at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. § 1913. Another federal law generally prohibits federal funds from being used by any subrecipient at any tier, to pay any 06 person to influence(or attempt to influence)a federal agency, a Member of Congress, or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract,subcontract,or loan,orwith respect to actions such as renewing,extending,or modifying any such award. See 31 U.S.C. § 1352. 7.0 State Restrictions on Lobbying -In addition to the provisions contained above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this agreement. 8.0 Additional Restrictions on Lobbying -The subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. 9.0"Pay—to—Stay" - Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate"pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It r does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services,amenities and/or accommodations, not otherwise available to the general U_ inmate population, may be provided, based upon an offender's apparent ability to pay,such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 10.OThe Coastal Barrier Resources Act-The subrecipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act(P.L. No. 97-348)dated October 18, 1982 (16 USC 3501 et seq.)which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 11.0113ackground Check - Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of§435, F.S. shall apply. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection,security background investigations shall include, but not be limited to,employment history checks, fingerprinting for all purposes and checks in this subsection,statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. Such background investigations shall be conducted at the expense of the employing agency or employee. 12.0Confidentiality of Data - The subrecipient (at any tier) must comply with all confidentiality requirements of 34 U.S.C. § 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The subrecipient further agrees, as a condition of award approval, to submit a Privacy Certificate in accordance with the requirements of 28 C.F.R. Part 22 and, in particular, 28 C.R.F. 22.23. Privacy Certification forms must be FY 2019 RSAT Standard Conditions Page 4 of 17 Rev. 02/2021 31 Packet Pg.324 C.11.c signed by the subrecipient or implementing agency chief official or an individual with formal, written signature authority for the chief official. 13.0Conferences and Inspection of Work-Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 14.01nsurance for Real Property and Equipment - The subrecipient must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-Federal entity. 16.01mmigration and Nationality Act-No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324(a), Section 274(A)of the Immigration and Nationality Act("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274(A)of the INA. Such violation by the subrecipient of the employment provisions contained in Section 274(A) of the INA shall be grounds for CJ unilateral cancellation of this contract by the Department. 06 17.OReporting Potential Fraud,Waste,Abuse,and Similar Misconduct:The subrecipient,at any tier,must promptly refer to the FDLE, Office of the Inspector General (OIG)any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award (1) submitted a claim that violates the False Claims Act;or(2)committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse,or misconduct involving or relating to funds under this award should be reported to the FDLE OIG by: (1)mail directed to: Florida Department of Law Enforcement, Office of the Inspector General, at Post Office Box 1489, Tallahassee, Florida 32302-1489, (2) e-mail to: oigreportfraudQfdle.state.fl.us; and/or(3) LU call the FDLE OIG hotline: at(800)543-5353. SECTION II: CIVIL RIGHTS REQUIREMENTS 1.0 Participant Notification of Non-discrimination—FDLE does not discriminate on the basis of race,color, religion, national origin,sex, disability or age in the delivery of services, benefits or in employment. C~ cv 2.0 Title VI of the Civil Rights Act of 1964-The subrecipient at any tier, must comply with all applicable requirements of 28 CFR§42,specifically including any applicable requirements in Subpart E that relate to an equal employment opportunity program. Equal Employment Opportunity Certification(EEOC)-A subrecipient and/or implementing agency must submit an EEO Certification annually within 120 days of award. I Equal Employment Opportunity Program (EEOP) -A subrecipient and/or implementing agency must comply with all applicable requirements in 28 C.F.R. §42, Subpart E. CD Subrecipients are advised to use the Office for Civil Rights EEO Reporting Tool to satisfy this condition (https://oip.gov/about/ocr/eeop.htm). N 3.0 Title IX of the Education Amendments of 1972 If the subrecipient operates an education program or activity,the .j subrecipient must comply with all applicable requirements of 28 C.F.R. § 54, "Nondiscrimination on the basis of sex in education programs or activities receiving federal financial assistance." 4.0 Equal Treatment for Faith Based Organizations The subrecipient at any tier, must comply with all applicable requirements of 28 C.F.R.§38,"Equal Treatment for Faith Based Organizations", specifically including the provision for written notice to current or prospective program beneficiaries. 5.0 Americans with Disabilities Act - Subrecipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination on the basis of disability including provision to provide reasonable accommodations. FY 2019 RSAT Standard Conditions Page 5 of 17 Rev. 02/2021 32 Packet Pg.325 C.11.c 6.0 Section 504 of the Rehabilitation Act of 1973(28 C.F.R.§42, Subpart G)-Subrecipients must comply with all provisions prohibiting discrimination on the basis of disability in both employment and the delivery of services. 7.0 Age Discrimination Act of 1975-Subrecipients must comply with all requirements in Subpart I of 28 C.F.R. §42 which prohibits discrimination based on age in federally assisted programs. 8.0 Limited English Proficiency(LEP)- In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. §2000d,subrecipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. FDLE strongly advises subrecipients to have a written LEP Language Access Plan. For more information visit www.lep.gov. CJ 9.0 Finding of Discrimination- In the event a federal or state court or federal or state administrative agency makes, after a due process hearing, a finding of discrimination on the grounds of race, color, religion, national origin, sex, or disability against a subrecipient of funds, the subrecipient will forward a copy of the finding to FDLE and to the Office for Civil Rights, Office of Justice Programs. 10.OFiling a Complaint- If the subrecipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subrecipient, with FDLE, or with the Office for Civil Rights. 06 W U Discrimination complaints may be submitted to FDLE at Office of the Inspector General, Post Office Box 1489, Tallahassee, Florida 32302-1489, or online at info(o7fdle.state.fl.us.Any discrimination complaints filed with FDLE will be reviewed by FDLE's Inspector General and referred to the Office for Civil Rights, the Florida Commission W on Human Relations, or the Equal Employment Opportunity Commission, based on the nature of the complaint. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 71h Street, Northwest,Washington, D.C.20531,or by phone at(202)307-0690. 11.ORetaliation- In accordance with federal civil rights laws, the subrecipient shall not retaliate against individuals for LU taking action or participating in action to secure rights protected by these laws. 12.0Non-discrimination Contract Requirements -Subrecipients must include comprehensive Civil Rights nondiscrimination provisions in all contracts funded by the subrecipient. 13.OPass-through Requirements-Subrecipients are responsible for the compliance of contractors and other entities r to whom they pass-through funds including compliance with all Civil Rights requirements. These additional tier subrecipients must be made aware that they may file a discrimination complaint with the subrecipient,with FDLE, u_ or with the USDOJ Office for Civil Rights and provided the contact information. - SECTION III: 'FINANCIAL REQUIREMENTS AND RESPONSIBILTY 1.0 Fiscal Control and Fund Accounting Procedures-All expenditures and cost accounting of funds shall conform to the DOJ Grants Financial Guide, the 28 C.F.R. §66, and 2 C.F.R. §200 as applicable, in their entirety. Subrecipients are required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. Financial management systems must be able to record and report on the receipt, obligation, and expenditure of grant funds;and able to accommodate a fund and account structure to separately track receipts, expenditures, assets, and liabilities for awards, programs, and additional tiered subrecipients. The awarded funds may or may not be an interest-bearing account, but any earned interest must be used for program purposes and expended before the federal grant period end date. Any unexpended interest remaining at the end of the federal grant period must be submitted to the Office of Criminal Justice Grants for m transmittal to DOJ. 2.0 Match -The value or amount of any "non-federal share," "match," or cost-sharing contribution incorporated into the approved budget is part of the"project cost"for purposes of the 2 C.F.R. §200 Uniform Requirements, and is subject to audit. In general, the rules and restrictions that apply to award funds from federal sources also apply to funds in the approved budget that are provided as"match"or through "cost sharing." FY 2019 RSAT Standard Conditions Page 6 of 17 Rev. 02/2021 33 Packet Pg.326 C.11.c SECTION IV: SUBAWARD MANAGEMENT AND REPORTING REQUIREMENTS 1.0 Obligation of Subrecipient Funds-Subaward funds shall not under any circumstances be obligated prior to the effective date,or subsequent to the termination date, of the period of performance. Only project costs incurred on or after the effective date, and on or prior to the termination date of the subrecipient's project are eligible for reimbursement. All payments must be completed within forty-five (45)days of the end of the subaward period of performance. 2.0 Use of Funds - Grant funds may be used only for the purposes in the subrecipient's approved application. Subrecipients shall not undertake any work or activities not described in the approved grant award, and that use CJ staff, equipment, or other goods or services paid for with grant funds, without prior written approval from FDLE's Office of Criminal Justice Grants(OCJG). 3.0 Advance Funding-Advance funding may be provided to a subrecipient upon a written request to the Department. The request must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. 0 4.0 Performance and Reporting 06 Reporting Time Frames - The Project Director, Application Manager, or Performance Contacts shall submit Monthly or Quarterly Project Performance Reports to the Department,within fifteen (15)days after the end of the reporting period. In addition, if the subaward period is extended beyond the "original" project period, additional Project Performance Reports shall be submitted. Failure to Submit-Performance Reports that are not complete, accurate, and timely may result in sanctions, as specified in Section IV, Subaward Management and Reporting Requirements. Report Contents - Performance Reports must include a response to all objectives included in your subaward. A detailed response is required in the narrative portion for yes/no performance objectives. Submitted performance reports must clearly articulate, where appropriate, performance during the execution of the award has met a standard against which the subrecipient's performance can be measured. The narrative must also reflect on F® accomplishments for the period and identify problems with project implementation and address actions being taken to resolve the problems. Additional information may be required if necessary to comply with federal reporting requirements. �+ Requirement for Data on Performance and Effectiveness Under the Award - The subrecipient must collect >_ and maintain data that measures the performance and effectiveness of work under this award. The data must be provided to OCJG in the manner (including within the timeframes) specified by OCJG. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010, U and other applicable laws. Financial Consequences for Failure to Perform - In accordance with s. 215.971 F.S., payments for state and federal financial assistance must be directly related to the scope of work and meet the minimum level of performance for successful completion. If the subrecipient fails to meet the minimum level of service or performance identified in this agreement, or is customary for subawards, then the Department will apply financial consequences commensurate with the deficiency. Financial consequences may include but are not limited to withholding payments or reimbursement until the deficiency is resolved, tendering only partial payment/reimbursement, imposition of other financial consequences according to the Standard Conditions as applicable, and/or termination of contract and requisition of goods or services from an alternate source. Any payment made in reliance on subrecipient's evidence of performance,which evidence is subsequently determined to be erroneous,will be immediately due to the Department as an overpayment. m 5.0 Grant Adjustments - Subrecipients must submit a grant adjustment through SIMON for major substantive changes such as changes in project activities or scope of the project, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that affect a cost category that was not included in the original budget. Adjustments are also required when there will be a transfer of 10%or more of the total budget between budget categories, or there is an indirect cost rate category change. Subrecipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item. FY 2019 RSAT Standard Conditions Page 7 of 17 Rev. 02/2021 34 Packet Pg.327 C.11.c Under no circumstances can transfers of funds increase the total budgeted award. Requests for changes to the subaward agreement must be electronically signed by the subrecipient or implementing agency's chief official or the chief official's designee. All requests for changes, including all requests for project period extensions, must be submitted in SIMON no later than thirty(30)days prior to grant expiration date. 6.0 Financial Expenditures and Reporting CJ CJ Reporting Requirements - The subrecipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty(30)days after the end of the reporting period. In addition, if the subaward period is extended,additional Project Expenditure Reports shall be submitted. All project expenditures for reimbursement of subrecipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the SIMON (Subgrant Information Management Online). 06 All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-audit and post-audit. All reports must relate financial data to performance accomplishments. Before the "final" Project Expenditure Report will be processed, the subrecipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. Reports are to be submitted even when no reimbursement is being requested. Submission - The report must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. u- 7.0 Project Generated Income (PGI) - All income generated as a direct result of a sub project shall be deemed program income. Program income from asset seizures and forfeitures is considered earned when the property has been adjudicated to the benefit of the plaintiff(i.e., law enforcement entity). r cv Required Reports - The subrecipient shall submit Quarterly PGI Earnings and Expenditures Reports to the Department within thirty (30) days after the end of the reporting period covering subaward project generated income and expenditures during the previous quarter. PGI Expenditure - Program income should be used as earned and expended as soon as possible and used to further the objectives for which the award was made. CJ I Submission - PGI Earnings and Expenditures reports must be electronically signed by the subrecipient or implementing agency's chief financial officer or the chief financial officer's designee. Unexpended PGI-If any PGI remains unspent after the subaward ends,the subrecipient must continue submitting N CD quarterly PGI reports until all funds are expended. N Additionally,any unexpended PGI remaining at the end of the federal grant period must be submitted to OCJG for transmittal to the Bureau of Justice Assistance. 8.0 Subrecipient Integrity and Performance Matters - Requirement to report information on certain civil, criminal, and administrative proceedings to OCJG, SAM and FAPIIS. The subrecipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of)either this award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, subrecipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management("SAM"), to the designated federal integrity and performance system ("FAPIIS"). FY 2019 RSAT Standard Conditions Page 8 of 17 Rev. 02/2021 35 Packet Pg.328 C.11.c SECTION V: MONITORING AND AUDITS 1.0 Access to Records -The Florida Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives,shall have access to books, documents, papers and records of the subrecipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the 28 C.F.R. §66.At any time, a representative of the Department, the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right to visit the project site to monitor, inspect and assess work performed under this agreement. CJ The Department reserves the right to unilaterally terminate this agreement if the subrecipient, implementing CJ agency,or contractor refuses to allow public access to all documents, papers, letters,or other materials subject to provisions of s. 119, F.S., unless specifically exempted and/or made confidential by operation of s. 119, F.S., and made or received by the subrecipient or its contractor in conjunction with this agreement. The subrecipient will give the awarding agency or the General Accounting Office, through any authorized representative,access to and the right to examine all paper or electronic records related to the financial assistance. 0 2.0 MonitoringThe recipient agrees to comply with FDLE's rant monitoring guidelines, protocols, and procedures-, 06 - p� 9 pY 9 99 p and to cooperate with FDLE on all grant monitoring requests, including requests related to desk reviews,enhanced W programmatic desk reviews,and/or site visits. The recipient agrees to provide FDLE all documentation necessary to complete monitoring of the award. Further, the recipient agrees to abide by reasonable deadlines set by FDLE for providing requested documents. Failure to cooperate with grant monitoring activities may result in sanctions affecting the recipient's award, including, but not limited to: withholding and/or other restrictions on the recipient's access to funds, referral to the Office of the Inspector General for audit review, designation of the recipient as a FDLE High Risk grantee,or termination of award(s). 3.0 Property Management - The subrecipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the DOJ Grants Financial Guide, and 28 C.F.R. § 66. This obligation continues as long as the subrecipient retains the property, notwithstanding expiration of this agreement. h® Property Use-The subrecipient must use equipment acquired under a Federal award for the authorized purposes of the project during the period of performance,or until the property is no longer needed. Subrecipients must use, �+ manage and dispose of equipment acquired under a Federal award in accordance with ss. 274, F.S. Tangible N Property and 2 C.F.R. 200.313, Equipment. >- 4.0 Subaward Closeout-A Financial Closeout Audit shall be submitted to the Department within forty-five(45)days of the end date of the performance period. The Financial Closeout Audit report located in SIMON must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. I Subaward Closeout will be initiated by the Department after the Financial Closeout has been completed and approved. Failure to submit closeout reports timely will result in an Administrative Closeout by the Department. CD 5.0 High Risk Subrecipients -If a subrecipient is designated "high risk" by a federal grant-making agency, currently or at any time during the course of the period of performance under this award,the subrecipient must disclose that N fact and certain related information to FDLE's OCJG. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the subrecipient's past performance, or other programmatic or financial concerns with the subrecipient. The subrecipient's disclosure must include the m following: 1. The federal awarding agency that currently designates the subrecipient high risk, 2. The date the subrecipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number,and email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency. 6.0 Imposition of Additional Requirements -The subrecipient agrees to comply with any additional requirements that may be imposed by OCJG during the period of performance for this award, if the subrecipient is designated as"high risk"for purposes of the DOJ high-risk grantee list. 7.0 Retention of Records-The subrecipient shall maintain all records and documents for a minimum of five(5)years from the date of the final financial statement and be available for audit and public disclosure upon request of duly FY 2019 RSAT Standard Conditions Page 9 of 17 Rev. 02/2021 36 Packet Pg.329 C.11.c authorized persons. The subrecipient shall comply with State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: https://dos.moorida.com/media/693576/gsl-sl-2017-final.pdf. 8.0 Disputes and Appeals - The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subrecipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the subrecipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one(21)calendar days to the Department's clerk(agency clerk). The subrecipient's right to appeal the Department's decision is contained in § 120, F.S., and in procedures set forth in Rule 28-106.104, CJ Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, F.S. 9.0 Failure to Address Audit Issues - The subrecipient understands and agrees that FDLE's OCJG may withhold award funds, or may impose award conditions or other related requirements, if (as determined by OCJG) the subrecipient does not satisfactorily and promptly address outstanding issues from audits required by the 2 C.F.R. §200 Uniform Requirements(or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews. 06 10.OSingle Annual Audit-Subrecipients that expend$750,000 or more in a year in federal awards shall have a single audit or program-specific audit conducted for that year. The audit shall be performed in accordance with the OMB 2 C.F.R. §200 Subpart F—Audit Requirements and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be W identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subrecipient shall submit an annual financial audit that meets the requirements of 2 C.F.R. §200 Subpart F, "Audit Requirements" s. 215.97, F.S., "Florida Single Audit Act" and Rules of the Auditor General, Chapter 10.550, and Chapter 10.650, "Local Governmental Entity Audits" and "Florida Single Audit Act Audits Nonprofit and For-Profit Organizations." LU A complete audit report that covers any portion of the effective dates of this agreement must be performed and u_ submitted to the Federal Audit Clearinghouse within the earlier of thirty (30) calendar days after receipt of the auditor's report(s),or nine(9)months afterthe end of the audit period.Submissions must include required elements described in Appendix X to 2 C.F.R. §200 on the specified Data Collection Form (Form SF-SAC). Records shall be made available upon request for a period of five(5)years from the date the audit report is issued, unless extended in writing by the Department. u_ Subrecipients that expend less than $750,000 in federal awards during a fiscal year are exempt from the Single Audit Act audit requirements for that fiscal year. In this case,written notification, in the form of the"Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subrecipient is exempt.This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. SECTION VI: SUBAWARD PROCUREMENT AND COST PRINCIPLES CD 1.0 Procurement Procedures - Subrecipients must have written procedures for procurement transactions. CD N Procedures must conform to applicable Federal law and the standards in 2 C.F.R. §§200.317-326. N This condition applies to agreements that OCJG considers to be a procurement"contract", and not a second tier subaward. m The details of the advance approval requirement to use a noncompetitive approach in a procurement contract under this award are posed on the OJP website at https://oip.gov/funding/Explore/NoncompetitiveProcurement.htm. Additional information on Federal purchasing guidelines can be found in the Guide to Procurements Under DOJ Grants and Cooperative agreements at https://oir).gov/funding/Implement/Resources/GuideToProcurementProcedures.pdf. 2.0 Cost Analysis - A cost analysis must be performed by the subrecipient if the cost or price is at or above the $35,000 acquisition threshold and the contract was awarded non-competitively in accordance with s. 216.3475, FY 2019 RSAT Standard Conditions Page 10 of 17 Rev. 02/2021 37 Packet Pg.330 C.11.c F.S. The subrecipient must maintain records to support the cost analysis, which includes a detailed budget, documented review of individual cost elements for allowability, reasonableness, and necessity. See also: Reference Guide for State Expenditures. 3.0 Allowable Costs-Allowance for costs incurred under the subaward shall be determined according to the general principles and standards for selected cost items set forth in the DOJ Grants Financial Guide, 28 C.F.R. § 66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", and 2 CFR Subpart E, "Cost Principles". 4.0 Unallowable Costs - Payments made for costs determined to be unallowable by either the Federal awarding CJ agency, or the Department, either as direct or indirect costs, must be refunded (including interest) to FDLE and the Federal Government in accordance with instructions that determined the costs are unallowable unless state or Federal statute or regulation directs otherwise. See also 2 C.F.R. §§200.300-309. 5.0 Indirect Cost Rate-A subrecipient that is eligible to use the"de minimis" indirect cost rate described in 2 C.F.R. § 200.414(f), and elects to do so, must advise OCJG in writing of both its eligibility and its election, and must comply with all associated requirements in the 2 C.F.R. §200 and Appendix VII. 6.0 Sole Source - If the project requires a non-competitive purchase from a sole source, the subrecipient must 06 complete the Sole Source Justification for Services and Equipment Form and submit to OCJG upon application for W pre-approval. If the subrecipient is a state agency and the cost meets or exceeds$250,000,the subrecipient must also receive approval from the Department of Management Services(DMS)(s.287.057(5), F.S.).The Sole Source form must be signed by the subrecipient or implementing agency chief official or chief official designee.Additional W details on the sole source requirement can be found at 2 C.F.R. §200 and the DOJ Grants Financial Guide. 7.0 Personal Services -Subrecipients may use grant funds for eligible personal services including salaries, wages, and fringe benefits, including overtime in accordance with the DOJ Grants Financial Guide Section 3.9 - Compensation for Personal Services, consistent with the principles set out in 2 C.F.R. §200, Subpart E and those permitted in the federal program's authorizing legislation. Subrecipient employees should be compensated with overtime payments for work performed in excess of the established work week and in accordance with the subrecipient's written compensation and pay plan. u_ Documentation - Charges for salaries, wages, and fringe benefits must be supported by a system of internal controls providing reasonable assurance that charges are accurate, allowable, and properly allocated. Documentation supporting charges must be incorporated into the official records of the organization. r cv Charges made to the Personnel Budget Category must reasonably reflect the total time and activity for which the u_ employee is compensated by the organization and cover both federally funded and all other activities.The records may include the use of subsidiary records as defined in the organization's written policies. Where grant subrecipients work on multiple grant programs or cost activities, documentation must support a reasonable allocation or distribution of costs among specific activities or cost objectives. 0 8.0 Contractual Services-The subrecipient must maintain written standards of conduct covering conflicts of interest U� and governing the actions of its employees engaged in the selection, award and administration of contracts as described in 2 C.F.R. §200.318, General procurement. CD Requirements for Contractors of Subrecipients - The subrecipient assures the compliance of all contractors N with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended 42 U.S.C. § 10101 et seq.; the provisions of the current edition of the DOJ Grants >- FinancialGuide(https://oip.qov/financiglggide/doi/pdfs/DOJ FinancialGuide.pdf); and all other applicable federal and state laws, orders, circulars, or regulations. The subrecipient must pass-through all requirements and conditions applicable to the federal grant award/subaward to any subcontract. The term"contractor" is used rather than the term"vendor" and means an entity that receives a contract as defined in 2 C.F.R. §200.22,the nature of the contractual relationship determines the type of agreement. Approval of Consultant Contracts Compensation for individual consultant services must be reasonable and consistent with that paid for similar services in the marketplace. The Federal awarding agency and pass-through entity must review and approve in writing all consultant contracts prior to employment of a consultant when the individual compensation rate exceeds$650(excluding travel and subsistence costs)per eight-hour day,or$81.25 per hour.A detailed justification must be submitted to and approved by FDLE,who will coordinate written approval of the Federal awarding agency, prior to subrecipient obligation or expenditures of such funds. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide Section 3.6 Consultant FY 2019 RSAT Standard Conditions Page 11 of 17 Rev. 02/2021 38 Packet Pg.331 C.11.c Rates, 28 C.F.R. § 66, and applicable state statutes. The Department's approval of the subrecipient agreement does not constitute approval of individual consultant contracts or rates. FFATA Reporting Requirements-Subrecipients that enter into subawards of$25,000 or more should review the Federal Funding Accountability and Transparency Act of 2006 (FFATA), website for additional reporting requirements at https://oir).ciov/fundinci/Exl2lore/FFATA.htm 9.0 Travel and Training-The cost of all travel shall be reimbursed according to the subrecipient's written travel policy. If the subrecipient does not have a written travel policy, cost of all travel will be reimbursed according to State of CJ Florida Travel Guidelines § 112.061, F.S. Any foreign travel must obtain prior written approval from the Federal awarding agency and pass-through entity. 10.OExpenses Related to Conferences, Meetings, Trainings, and Other Events - Subgrant funds requested for meetings, retreats, seminars, symposia, events, and group training activities and related expenses must receive written pre-approval from the Federal awarding agency and pass-through entity and comply with all provisions in 2 C.F.R. §200.432 and DOJ Grants Financial Guide Section 3.10; Conference Approval, Planning,and Reporting. Subgrant applications requesting approval for meeting, training, conference, or other event costs must include a completed Conference & Events Submission Form for approval prior to obligating subgrant funds for these 06 purposes. U 11.OTraining and Training Materials —Any training or training materials that has been developed or delivered with grant funding under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at U www.oip.gov/funding/oiptrainingguidingprinciples.htm. 12.0Publications, Media and Patents Ownership of Data and Creative Material - Ownership of material, discoveries, inventions,and results developed, produced,or discovered subordinate to this agreement is governed by the terms of the DOJ Grants Financial Guide, 28 C.F.R. §§66, and 200.315. Publication or Printing of Materials - Publication costs for electronic and print media, including distribution, promotion, and general handling are allowable. If these costs are not identifiable with a particular direct cost objective, it should be allocated as indirect costs. Publication includes writing,editing,and preparing the illustrated material (including videos and electronic mediums). Subrecipients must request pre-approval in writing for page charges for professional journal publications. All publication materials must comply with provisions in 2 C.F.R. §200.461 and DOJ Grants Financial Guide, Section U_ 3.9;Allowable Costs—Publication. U Subrecipients must submit for review and approval one(1)copy of any written materials to be published, including web-based materials and website content,to be paid under this award at least thirty(30)days prior to the targeted dissemination date. CJ I All electronic and print materials paid under this award must contain the following statements identifying the federal award CD ""This project was supported by Award No. 2019-J2-BX-0013 awarded by the Bureau of Justice N Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice programs. The opinions, findings, and conclusions or recommendations expressed in this publication/program/exhibition are those of the authors and do not necessarily reflect the views of the Department of Justice or grant-making component." Any website funded in whole or in part under this award must include the same statement on the home page, on all major entry pages(i.e.,pages(exclusive of documents)whose primary purpose is to navigate the user to interior content),and on any pages from which a visitor may access or use a web-based service, including any pages that < provide results or outputs from the service. Patents - Subrecipients are subject to applicable regulations governing patents and inventions, including government wide regulations issued by the Department of Commerce(37 C.F.R.§401 and 2 C.F.R.§200.315(c)). Subrecipients must promptly and fully report to FDLE and the Federal awarding agency if any program produces patentable items, patent rights, processes, or inventions, in the course of work sponsored under this award. FY 2019 RSAT Standard Conditions Page 12 of 17 Rev. 02/2021 39 Packet Pg.332 C.11.c 13.0information Technology Projects Criminal Intelligence Systems - The subrecipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. §23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R.§23 to be applicable,the Office of Justice Programs may,at its discretion, perform audits of the system, as per 28 C.F.R. § 23.20(g). Should any violation of 28 C.F.R. § 23 occur, the subrecipient may be fined as per 42 U.S.C.§3789g(c)-(d).The subrecipient may not satisfy such a fine with federal funds. CJ The subrecipient understands and agrees that no awarded funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. In doing so the subrecipient agrees that these restrictions will not limit the use of awarded funds necessary for any federal, state, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecutions, or adjudication activities. 0 State IT Point of Contact - The subrecipient must ensure that the State IT Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and 06 expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition,the subrecipient must maintain an administrative file documenting the meeting of this requirement. For a list of State IT Points of Contact, go to https://it.oir).gov/technology-contacts. W The State IT Point of Contact will ensure the subrecipient's project follows a statewide comprehensive strategy for information sharing systems that improve the functioning of the criminal justice system, with an emphasis on integration of all criminal justice components, law enforcement, courts, prosecution,corrections,and probation and parole. Interstate Connectivity - To avoid duplicating existing networks or IT systems in any initiatives funded by the Bureau of Justice Assistance for law enforcement information sharing systems which involve interstate connectivity U_ between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the subrecipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. r cv 14.0interoperable Communications Guidance - Subrecipients using funds to support emergency communications activities must comply with the current SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Emergency communications activities include the purchase of Interoperable Communications Equipment and technologies such as voice-over-internet protocol bridging or gateway devices,or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) Waiver Order. SAFECOM guidance can be found at �I https://www.dhs.gov/publication/funding-documents. Subrecipients interested in developing a public 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 any succeeding FCC orders, rules, N or regulations pertaining to broadband operations in the 700 MHz public safety band. The subrecipient shall also N ensure projects support the Statewide Communication Interoperability Plan (SCIP)and are fully coordinated with >" the full-time Statewide Interoperability Coordinator(SWIC). If any future regulatory requirement(from the FCC or other governmental entity)results in a material technical or financial change in the project,the subrecipient should submit associated documentation, and other material, as applicable, for review by the SWIC to ensure coordination. Subrecipients must provide a listing of all communications equipment purchased with grant award funding (plus the quantity purchased of each item) to FDLE once items are procured during any periodic programmatic progress reports. 15.0GIobal Standards Package-In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at https://it.oir).gov/gsp. Grantee shall document planned approaches to information sharing and FY 2019 RSAT Standard Conditions Page 13 of 17 Rev. 02/2021 40 Packet Pg.333 C.11.c describe compliance to the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. 16.0 Non-Disclosure Agreements—No subrecipient or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting of waste,fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. 17.0Unreasonable Restrictions on Competition -This condition applies with respect to any procurement of property CJ or services funded (in whole or in part) by this subaward, by the subrecipient (at any tier), and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). i. Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 and 200.319(a)—Subrecipient(at any tier)may(in any procurement transaction)discriminate against any person or entity on the basis of such person or entity's status as an"associate of the federal government" (or on the c basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as 06 expressly set out in 2 C.F.R. 200.319(a)or as specifically authorized by USDOJ. W ii. Monitoring of compliance with the requirements of this condition will be conducted by FDLE. iii. The term"associate of the federal government"means any person or entity engaged or employed(in the past or at present)by or on behalf of the federal government--as an employee, contractor or subcontractor(at any tier), grant recipient or-subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of(or in providing goods or services to or on behalf of)the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity(or to provide such goods or services) in future. iv. Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier, or any person or other entity,to violate any federal law, including any applicable civil rights or nondiscrimination h® law. SECTION VII: ADDITIONAL REQUIREMENTS N 1.0 Environmental Protection Agency's (EPA) list of Violating Facilities - The subrecipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program W Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 0 2.0 National Environmental Policy Act (NEPA) -The subrecipient agrees to assist FDLE in complying with the �I NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of subaward funds by the subrecipient. This applies to the following new activities whether or not they are being specifically funded with these subaward funds. That is, it applies as long as the activity is being conducted by the subrecipient or any third party and the activity needs to be undertaken in order to use these cv subaward funds. Accordingly, the subrecipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the recipient agrees to contact FDLE OCJG. 1) New construction; 2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain; a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; 3) A renovation, lease, or any other proposed use of a building or facility that will either(a) result in a change in its basic prior use or(b)significantly change its size; FY 2019 RSAT Standard Conditions Page 14 of 17 Rev. 02/2021 41 Packet Pg.334 C.11.c 4) Implementation of a new program involving the use of chemicals other than chemicals that are(a) purchased as an incidental component of a funded activity and (b)traditionally used, for example, in office, household, recreational, or educational environments; and 5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification,seizure, or closure of clandestine methamphetamine laboratories. The subrecipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice CJ Assistance. The subrecipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice at https://www.bia.gov/Funding/ner)a.html,for programs relating to methamphetamine laboratory operations. 3.0 National Historic Preservation Act—The Act will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966(16 U.S.C.§470), Ex.Order 11593(identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. §469 a-1 et seq.), and the National Environmental Policy Act of 1969(42 U.S.C. §4321). 06 4.0 Human Research Subjects—The subrecipient agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 5.0 Disclosures Conflict of Interest-The subrecipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest,or personal gain. Subrecipients must disclose in writing any potential conflict of interest to FDLE (the non-federal pass-through entity). Violations of Criminal Law -The subrecipient and implementing agency must disclose all violations of state or u_ federal criminal law involving fraud, bribery or gratuity violations potentially affecting the sub award. 6.0 Uniform Relocation Assistance and Real Property Acquisitions Act -The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § CD r 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs. 7.0 Limitations on Government Employees Financed by Federal Assistance -The subrecipient will comply with requirements of 5 U.S.C. §§ 1501-08 and §§ 7321-26, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. CJ 8.0 Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable - Subrecipient understands and agrees that it cannot use any federal funds,either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now(ACORN) or its subsidiaries, without the express prior written approval of OJP. N N 9.0 Text Messaging While Driving - Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text >" Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), and §316.305, F.S., the subrecipient is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this subaward and to establish workplace safety policies and conduct education, awareness,and other outreach to decrease crashes caused by distracted drivers. 10.0Environmental 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.0 85), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations(40 CFR 1). The subrecipient must comply with mandatory standards and policies relating to FY 2019 RSAT Standard Conditions Page 15 of 17 Rev. 02/2021 42 Packet Pg.335 C.11.c 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. 11.0Other Federal Funds - The subrecipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this award, and those awards have been, are being, or are to be used, in whole or in part,for one or more of the identical cost items for which funds are being provided under this award, the subrecipient will promptly notify, in writing the grant manager for this award, and, if so requested by OCJG seek a budget modification or change of project scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. CJ U 13.013ata Collection -The subrecipient agrees that grant funds may be used to pay for data collection, analysis, and report preparation only if that activity is associated with federal reporting requirements. Other data collection, analysis,and evaluation activities are not allowable uses of grant funds. 14.OState Alcohol and Drug Abuse Agency - The subrecipient will coordinate the design and implementation of treatment programs with the State alcohol and drug abuse agency or any appropriate local alcohol and drug abuse agency,especially when there is an opportunity to coordinate with initiatives funded through the Justice Assistance Grant(JAG) program. 06 W 15.0 Drug Testing-The subrecipient will implement or continue to require urinalysis or other proven reliable forms of testing of individuals in correctional residential substance abuse treatment programs. Such testing shall include individuals released from residential substance abuse treatment programs who remain in the custody of the State. W U 16.0Opioid Abuse and Reduction -The subrecipient understands and agrees that, to the extent that substance abuse treatment and related services are funded by this award, they will include needed treatment and services to address opioid abuse and reduction. 17.OTrafficking in Persons - The subrecipient must comply with applicable requirements pertaining to prohibited conduct relating to the trafficking of persons,whether on the part of recipients,subrecipients or individuals defined as "employees" of the subrecipient. The details of the recipient and subrecipient obligations related to prohibited conduct related to trafficking in persons are incorporated by reference and posted at https://oip.gov/funding/Explore/ProhibitedConduct-Trafficking.htm 18.OEmployment Eligibility Verification for Hiring Under This Award—The subrecipient must ensure that as partCD of the hiring process for any position that is or will be funded(in whole or in part)with award funds, the employment eligibility of the individual being hired is properly verified in accordance with the provisions of 8 U.S.C. 1324a(a)(1) >- and (2). W i. All persons who are or will be involved in activities under this award must be made aware of the requirement for verification of employment eligibility, and associated provisions of 8 U.S.C. 1324a(a)(1)and (2)that make it unlawful in the United States to hire(or recruit for employment)certain aliens. ii. The subrecipient must provide training (to the extent necessary)to those persons required by this condition h®� to be notified of the requirement for employment eligibility verification and the associated provisions of 8 U.S.C. 1324a(a)(1)and (2). CD iii. As part of the recordkeeping requirements of this subaward, the subrecipient must maintain records of all CD N employment eligibility verifications pertinent to compliance with this condition and in accordance with 1-9 record >- retention requirements, as well as pertinent records of notifications and trainings. iv. Monitoring of compliance with the requirements of this condition will be conducted by FDLE. V. Persons who are or will be involved in activities under this award includes any and all subrecipient officials or other staff who are or will be involved in the hiring process with respect to a grant funded position under this award. vi. For the purposes of satisfying this condition, the subrecipient may choose to participate in, and use E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the subrecipient entity uses E-Verify to confirm employment eligibility for each position funded through this award. FY 2019 RSAT Standard Conditions Page 16 of 17 Rev. 02/2021 43 Packet Pg.336 C.11.c vii. Nothing in this condition shall be understood to authorize or require any subrecipient, or any person or other entity, to violate federal law, including any applicable civil rights or nondiscrimination law. viii. Nothing in this condition,including paragraph vi.,shall be understood to relieve any subrecipient,orany person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1)and (2). IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to FDLE prior to award acceptance. 19.0Determination of Suitability to Interact with Minors —This condition applies if it is indicated in the application CJ for subaward (at any tier)that a purpose of some or all of the activities to be carried out under the subaward is to benefit a set of individuals under 18 years of age. The subrecipient(at any tier), must make determinations of suitability before certain individuals may interact with participating minors. The requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP website at https://oilD.gov/funding/Explore/Interact- Minors.htm. CD 06 CD CD CJ I N FY 2019 RSAT Standard Conditions Page 17 of 17 Rev. 02/2021 44 Packet Pg.337 C.11.c a.. Lobbying Debarment upon completion,mail a copy of this form to: t Florida Department of Law Enforcement and Drug Free Workplace Office of Criminal Justice Grants Certification P.O. Box 1489 Tallahassee, FL 32302-1489 Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspensions (Non-procurement) and Government-wide Requirements for Drug Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Office of Criminal Justice Grants determines to award the covered transaction, grant, or cooperative agreement. 1. Lobbying = As required by Section 1352, Title 31 of the U.S.Code, and implemented at 28 CFR Part 69,for persons entering into a grant or cooperative agreement over$100,000,as defined at 28 CFR Part 69,the applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for U influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or 06 employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Fora LLL--"Disclosure of Lobbying Activities", in accordance with its instructions. — cB (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. Debarment,Suspension and Other Responsibility Matters u_ As required by Executive Order 12549, Debarment and Suspension,and implemented at 28 CFR Part 67- (a) The applicant certifies that it and its principals: CD (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of >_ federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any federal department or agency; (ii) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft forgery, bribery,falsification or destruction of records, making false statements,or receiving Cal stolen property; F® (iii)Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph(a)(ii)of this certification; and CD cv CD (iv)Have not within a three-year period preceding this application had one or more public transactions (Federal, State or local)terminated for cause or default. u_ (b) Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug Free Workplace As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, as defined at 28 CFR Part 67 Sections 67.615 and 67.620— (a) The applicant certifies that it will or will continue to provide a drug-free workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the subgrantee's workplace and specifying the actions that will Certification Regarding Lobbying; Debarment, Suspension, Page 1 of 2 and Other Matters; and Drug Free Workplace Requirements OCJG-001 (rev. 9/2018) 45 Packet Pg.338 C.11.c r'M .1 Upon completion,mail a copy of this form to: YOULobbying, Debarment Florida Department of Law Enforcement H Office of Criminal Justice Grants and Drug Free Workplace P.O. Box 1489 �= Certification Tallahassee, FL 32302-1489 be taken against employees for violation of such prohibition; (ii) Establishing an on-going drug-free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; CJ (2) The subgrantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation,and employee assistance programs;and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. ns (iii)Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph(i); 06 (iv)Notifying the employee in the statement required by paragraph (i)that, as a condition of employment under the grant,the employee will— ns (1) Abide by the terms of this statement; and (2) Notify the employer in writing of his or her conviction for a violation of criminal drug statute occurring in the workplace no later than five(5)calendar days after the conviction. (v) Notifying the agency, in writing, within ten (10) calendar days after receiving notice under subparagraph (iv)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including position title to: Florida Department of Law Enforcement,Office of Criminal Justice Grants, RO Box 1489, Tallahassee, FL 32302-1489. Notice shall include the identification number(s) of each affected grant. (vi)Taking one of the following actions within thirty (30) calendar days of receiving notice under subparagraph (iv)(2),with respect to any employee who is convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973,as amended; or (2) Requiring such employee to participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal,State, or local health, law enforcement,or other appropriate agency. (vii) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (i)through(vi). 0 (b) The subgrantee may insert in the space provided blow the site(s) for the performance or work done in connection CAI with As the duly authorized representative of the applicant, I hereby certify that applicant will comply with the following CD certifications: CD cv ✓ Certification Regarding Lobbying(required for applications over$100,000 u_ ❑ 9 9 Y� 9( q PP� ) Certification Regarding Debarment,Suspension and Other Responsibility Matters(required for all applicants) 0 Certification Regarding Drug-Free Workplace(required for state agency applications) ns Subrecipient: Monroe County Board of Commissioners Printed Name: Neathe arr t , r Title: Mayor Signature: Date: to Z-- ---- U / Certification Regarding Lobbying; Debarment, Suspension, Page 2 of 2 and Other Matters; and Drug Free Workplace Requirements OCJG-001 (rev. 9/2018) 46 Packet Pg.339 C.11.c CERTIFICATION FORM Compliance with the Equal Employment Opportunity Plan (Equal Employment Opportunity Program) Requirements Recipient's Monroe County Board Of Commissioners Name: Address: 1100 Simonton Street,Key West FL 33040-3110 Recipient Subrecipient Law Enforcement Agency: No Type: DUNS 073876757 Vendor Number(only if direct 596000750 Number: recipient): Name of Calvin Allen Title of Contact Person: EEO Coordinator Contact Person: U 06 Telephone (305)-292-4470 E-Mail Address: alien-calvin@monroecounty- Number: fl. ov Subreci ients: No Declaration Claiming Exemption from the EEOP Utilization Report Submission Requirement The following exemptions apply: Filed Utilization Report in U_ previous year I,Calvin Allen(authorized official),certify that Monroe County Board Of Commissioners(recipient organization),is not required to prepare an EEOP Utilization Report during 2020 fiscal year)for the reason(s) checked above,pursuant to 28 C.F.R.Section 42.302.I further certify that Monroe County Board Of r- Commissioners(recipient organization),will comply with applicable federal civil rights laws that prohibit >_ discrimination in employment and in the delivery of services. Calvin Allen,EEO Coord. Calvin Allen 81'13/2020 Print or Type Name and Title Signature Date CD cv CD cv 47 Packet;Pg. 340 CERTIFICATION FORM c.11.G Compliance with the Equal Employment Opportunity Plan (EEOP) Requirements Please read carelid4,the In.ttructions (see beinw)anal then complete Section A or Section B or Section C, not all three. If recipient cont letes Section A or C and sttb- rants a sin le a«and laver S500,000, in addition,please complete Section D. Recipient's Name: Monroe County Board of Commissioners Address: 1100 Simonton Street, Key West, FL 33040-3110 Is agency a; ❑ Direct or rX Sub recipient of OJP, OVW or COPS funding? I Law Enforcement A enc ? ,l Yes cxNo DUNS Number: 073876757 1 Vendor Number(only if direct recipient) NIA Name and Title of Contact Person: Alana Thurston Telephone Number: (305) 292-4461 E Mail Address: Thurson-Alana@MonroeCounty-fl.gov Section A Declaration Claiming Complete Exemption from the EEOP Requirement Please check all the following banes that apply. *Less than fifty employees. ❑Indian Tribe ❑Medical Institution. Nonprofit Organization ❑ Educational Institution ❑Receiving a single award(s)less than$25,000, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s)checked above, pursuant to 28 C.F.R.§ 42.302. I further certify that [recipient] od will comply with applicable federal civil rights laws that prohibit discrimination in employment and in the delivery of services. 1f recipient sub-grants a single cnvard over S500,000, in addition,please complete Section D Print or T• e,Fame and Title Signature Date Section B—Declaration Claiming Exemption from the ESOP Submission Requirement and Certifying That an ESOP Is on File for Review LU !J a recipient agencY has jy y or more eniplo've s and is receiving a single au and or,subou ard, of S 25,000 or score, but less than S500,000, then the re=cipient cigenc-v does not hat-e to submit an h EOP to the OCR jbr review as long as at certiijies the followiq (42 C.f`.R.§42.30 5). I, Alana Thurston [responsible offrc•ictf], certify that Monroe County Board of Commissioners [recipient], which has fifty or more employees and is receiving a single award or subaward for$25.000 or more, but less F4 than $500,000,has formulated an EEOP in accordance with 28 CFR pt. 42,subpt. E. 1 further certify that within the last menty-four months,the proper authority has formulated and signed into effect the EEOP and, as required by applicable federal law, it is available for review by the public,employees, the appropriate state planning agency, and the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. The EEOP is on file at the following office: _U,S ©Department of Justice, Bureau-of Justice Assistance, Office of Justice Programs 0 [organization], i DOJ Office Civil Rights OCR website at: www.ojp.gov/aboultwr/eeop [address]. CD Alana Thurston, Human Resources Coordinator CD Print or Ape Nam and Title Signature to >- Section C—Declaration Stating that an ESOP Short Form Has Been Submitted to the Office for Civil Rights for Review If a recipient ageney has fifty or more employees and is receiving a single award. or subaward,of$500,000 or more, then the recipient agency must send an EEOP Short Form to the OCR for review. I, [responsible official], certify that [recipient], which has fifty or more employees and is receiving a single award of$500,000 or more, has formulated an EEOP in accordance with 28 CFR pt. 42, subpt. E, and sent it for review on [date] to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice. If recipient sub-grants a single award over$500,000, in addition please complete Section D Print or Type Name and Title Signature Date Packet iPg. 341 C.11.c ATTACHMENT C 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 U not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." c U I have read the above and state that neither _ mm�36 (Respondent's name) nor any 06 Affiliate has been placed on the convicted vendor list within the lasonhs.. (Signature) Date. TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of N County of This instrument was acknowledged before me, by means of physical presence or ❑ online notarization, this IvNay of w (month), L (year), Ui (name of officer or agent, title or officer or agent) of _ (name of entity). N Personally Known Produced Identification; Type of ID and Number on ID _ (Seal) Notary Public State ofFlonda Signat of Notary rt; Maryanne L Johnson •_ My Commission GG 175345 Expires 01/15/2022 --- Name of N tary (Typed, Stamped or Printed) Notary Public, State of 49 Packet Pg.342 C.11.c ATTACHMENT D LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ca ETHICS CLAUSE 4 'c�m�e-e- /Ccv� Ce4--i4— (Company) AA...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former c U County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or 06 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) Date: TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of ` U- County of 0 This instrument was acknowledged before me, by means of physical presence or ❑ online notarization, i thisJ& 'day of (month), _ (Year), Q by e^ (name of officer or agent, title or officer cv or agent) of (name of entity). c� Personally Known .. Produced Identification: Type of ID and Number on ID (Seal) Notary P�r��{�Sts c��r Florida Sign u e of Notary Maryanne L Johnson n� 345 Y G Expires 0111 02222 Name 4-AfNeTta-ry (Typed, Stamped or Printed) Notary Public, State of 50 Packet Pg.343 C.11.c ATTACHMENT E DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: 6 (Name of Business) cj ca 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. 06 3. Give each employee engaged in providing the commodities or contractual services that are under 0) bid 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 0. on the commodities or contractual services that are under bid, the employee will abide by the 08 terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above cv requirements, �- (Signature) Date: TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of rio 40L N cv County of U_ This instrum was acknowledged befor n , by means of physical presence or 0 Qnline notarization, m thi d of _� _ _ (month), (year), bye_ _ (name of officer or agent, title or officer or agnt) of _ (name of entity), Personally Known Produced Identification: Type of ID and Number on ID (Seal) Si ure of N r Ano Notary Public State at Florida yCom anne Ln 175346 Name of Notary (Typed, Stamped or Printed) r Expires 0111612022 Notary Public, State of 51 Packet Pg.344 C.11.c ATTACHMENT F COMPLIANCE WITH COUNTY GUIDELINES The AGENCY 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/Directors At-Large or bi-annual election of Officers and Directors/Directors At-Large as applicable; (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 AGENCY receives $100,000 or more in grant funding from the County: 1. The CPA that prepares the audit must also be a member of the American Institute of Certified Public Accountants (AICPA); 2. The CPA must maintain malpractice insurance covering the audit services provided and 3. The County shall be considered an "intended recipient" of said audit. (f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules; (g) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; (h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol-free workplace provisions, and equal employment opportunity provisions; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment B); >_ (j) Cooperation with County monitoring visits that the County may request during the contract year; W 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. CD CD N 52 Packet Pg.345