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Item F27BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 16,2011 Bulk Item: Yes � No ❑ Division: OMB Department: Grants Administration Staff Person: Lisa Tennyson x4444 AGENDA ITEM WORDING: Authorization for the Mayor to execute a Memorandum of Understanding with Samuel's House to provide the Court Mandated Services and Substance Abuse Case Management Program with funds provided under the Edward Byrne Memorial Justice Assistance Grant program, for the period from Oct 1, 2011 through Sept 30, 2012. ITEM BACKGROUND: Federal funds are provided through the Florida Department of Law Enforcement. Substance Abuse Policy Advisory Board (SAPAB) reviews proposals and makes recommendations to BOCC for local funding of programs. PREVIOUS RELEVANT BOCC ACTION, Approval to apply for grant funds given at ACTION: August 2011 meeting. Certificate of Acceptance for Subgrant Award from FDLE is also on the agenda for this meeting. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATION: Aooroval TOTAL COST: $20.,.000 Indirect Cost.: COST TO COUNTY: $0 DIFFERENTIAL OF LOCAL PREFERENCE: SOURCE OF FUNDS: FDLE PAS, E M*E REVENUE PRODUCING: Yes F-1 No E AMOUNT PER MONTH YEAR APPROVED BY:COUNTY A exMB/PURCHASING F� RISK MANAGEMENT DOCUMENTATION: INCLUDED: ® TO FOLLOW: F-1 NOT REQUIRED: F] DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Samuel's House Effective Date: 10/01/11 Expiration Date: 09/30/12 Contract Purpose/Description,: Funds provided through FDLE Agreement for Samuel"s House Court Mandated Services and Substance Abuse Case Management Program. Contract Manager: Lisa Tennyson (Name) for BOCC meetina on 11/16/11 4444 OMB/Grants Mgt. (Ext.) (Department) Agenda Deadline: 11/1/11 CONTRACT COSTS Total Dollar Value of Contract: $20,000 Current Year Portion: $.2.0.,000 Budgeted? Yes X No Account Codes: 125- Ocet>_:,51- q Grant,* $20,000 .00 County Match-, $0 ADDITIONAL COSTS CONTRACT REVIEW Changes Date Out �Pate In Needed Rev wek r - 7(1 gf Division Director . . . . . . . . 4YesE] NOE111"'."', 1'e Risk Manager�ient YesF_1 NoEf" O.M.B./Purctsing YesF_1 NoE2," County Attorney itla 4)1( YesF_1 Nom Comments-, uivit:5 t-orM Kevisea V/11/95 MCP #2 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS AGREEMENT THIS AGREEMENT is made and entered into this 1 th day of November, 2011, by and between MON ROE 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 Samuel's Douse hereinafter referred to as `AGENCY." WITNESSETN WHEREAS, the Florida Department of Law Enforcement has awarded a sub - grant of Edgard Byrne Memorial Justice Assistance to the COUNTY to implement the the Samuel's House court mandated Services and Substance Abuse Case )management Program; and WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, the AGENCY is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Edward Byrne )Memorial Assistance Grant funds to the AGENCY in accordance with the COUNTY'S application for the Edward Byrne Memorial Assistance Grant. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the AGENCY agree as follows: 1. TERM - The term of this Agreement is from October 1, 2011 through September 30, 2012, 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 COJNTY'S Edward Byrne )Memorial Justice Assistance Sub -grant Award, attached and made a part hereof (Attachment C). 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 $20,000. All funds shall be distributed and expended in accordance with the Project Budget Narrative as outlined in the grant agreement. 4. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled `State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Sub -grant Award Certificate and Application11 and all lags, rules and regulations relating thereto are incorporated by reference (Attachment C). 5. BILLING AND PAYMENT (a) The AGENCY shall comply with the program and expenditure reporting requirements for Byrne Grant funds. The AGENCY shall render to the COUNTY a. detailed a quarterly performance report not later than 7 days after the end of each quarter. The quarterly performance reports must include a response to all objectives included in your project, as described in the Performance section in the grant agreement. A detailed narrative, reflecting on accomplishments, challenges, etc. is required as part of this quarterly report. The AGENCY shall render to the COUNTY, monthly itemized invoices, not later than 30 days after the end of each month, properly dated, describing the services rendered, the cost of the services, and all other information required. The original invoice shall be sent to: Grants Administrator 1100 Simonton Street 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. 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. In the event there are any unused Residential Substance Abuse Treatment Funds, the AGENCY shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. ACCESS TO FINANCIAL RECORDS - The AGENCY shall maintain appropriate financial records which shall be open to the public at reasonable times and under reasonable conditions for inspection and examination and which comply with the Agreement incorporated in Section 4 of this Agreement. 9. 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. 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 Elmira Leto, Executive Director 1100 Simonton Street Samuel's House Key West, FL 33040 1614 Truesdell Court Key West, FL 33040 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, 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 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 to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY officers and employees either by operation of law or by the COUNTY. 15. INDEMNIFICATION - The AGENCY agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the AGENCY. 16. 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. 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: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA lon Deputy Clerk Witness Witness By: Mayor/Chairman Samuel's House, Inc. By: Title: ATTACHMENT Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community -Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and state laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this org anization's contract with the Monroe County Board of County commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third ypy art a rents will not be p considered for reimbursement. Remember, the expense should be prior rior to p requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all inclusive. The clerk's Finance Department reserves the right to review reimbursement requests on an individual basis . s. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, Pc Time, etc. The vendor invoice is required for reimbursement. Inter -company allocations are not � y considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticityof the payroll ex i py expense s needed. If a Payroll Journal is provided, it should include: dates, employee name 3 salary or hourly rate, total hours worked, withholding information and aid payroll tax p p y es, check number and check amount. If a Payroll ,Journal is not provided, the following g information must be provided: pay period, check amount, check number, date, payee, ee support for applicable paid payroll taxes. Postage, overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the Count contract is required for y � reimbursement. For overnight or express deliveries, the vendor invoice must be included, Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allocable expenses. Reproductions, copies, etc. A log of copy expenses as they relate to the county contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Te I efax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non -allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non sufficient check charges, penalties and fines. ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ XIXXXXX 102 Company B Utilities XXXXX 104 Employee A P/R ending 05/14/01 XXXXX 105 Employee B P/R ending 05/28/01 XXXXX (A) Total $ XXXXXX (B) Total prior payments $ XXXXXX (C) Total requested and paid (A + B) $ XXXXXX (D) Total contract amount $ XXXXXX Balance of contract (D C) $ XXXXXX 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) Sworn to and subscribed before me this day of 201 by who is personally known to me. Notary Public Notary Stamp PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant 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." SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract 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. Date: STATE OF COUNTY OF (signature) PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this I day of 7 20 My commission expires: DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1 . Publishes 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. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the united States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes 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. [fakes 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 requirements. STATE of COUNTY OF (Signature of Respondent) Date PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of Notary Public Zoo . Ally commission expires: Florida Department of Law Enforcement Gerald M, Bailey Commissioner SEP 2 7 2011 Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, Florida 32302-1489 (850) 617-1250 www,fdle,state,fl,us The Honorable Heather Carruthers Mayor Monroe County Board of Commissioners 530 Whitehead Street Key West, FL 33040 Re: Contract No. 2012-JAGC-MONK-1-C4-234 Dear Mayor Carruthers: Rick Scott, Governor Pam Bondi, Attorney: General Jeff Atwater, Chief Financial Officer. Adam Putnam, Commissioner of Agriculture The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $ 20,000.00 for the project entitled, SAMUEL'S HOUSE: COURT -MANDATED SERVICES AND SUBSTANCE ABUSE CASE MANAGEMENT. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant, Changes were made after your application was received in this office. Therefore, the Standard Conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award, This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service * Integrity * Respect * Quality The Honorable Heather Carruthers Page Two We look forward to working with you on this project, If we can be of further assistance, please contact Janice Parish at 850/617-1250. Sincerely, C) ClaytonWilder Administrator CHW/JP/st Enclosures State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2012-JAGC-MONR-1-C4-234, in the amount of $ 20,000.00, for a project entitled, SAMUEL'S HOUSE: COURT -MANDATED SERVICES AND SUBSTANCE ABUSE CASE MANAGEMENT, for the period of 1oho 1/2011 through 09/30/2012, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. (Signature of Subgrantee's Authorized Official) ............ %A (Typed Name and Title of Official) (Name of Subgrantee) (Date of Acceptance) Rule Reference 11 D-9.006 OCJG-01 2 (Rev. October 2005) State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board Of Commissioners Date of Award: cj � Grant Period: From: 1010112011 TO: 09/30/2012 Project Title: SAMUELS HOUSE: COURT -MANDATED SERVICES AND SUBSTANCE ABUSE CASE MANAGEMENT Grant Number: 2012-JAGC-MONR-1-C4-234 Federal Funds: $ 201000.00 State Agency Match: Local Agency Match: $ 0,00 Total Project Cost: $ 20$000.00 State Purpose Area: A: State/Local Initiatives - Coordinate/Organize Local Initiatives/State Initiatives CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P1. 90- 351 , as amended, and the Anti -Drug Abuse Act of 1988, P. L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1 D1 Office of Justice Programs, Common Rule for State and Local Governments and A- 87 , or OMB C1 rcu lars, A- 110 or A- 102 , as applica ble ,and A-2 1, in they r enti rety, It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of lam, L. 90-351, as amended, and P.L. 100-690. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of dud rant Award is returned to the Department, 101� L - -10U-LU&L6i)- Authoriz Official Clayton H. Wilder Administrator Date )This award is subject to special conditions (attached), Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Heather Carruthers Title: Mayor Address: 530 Whitehead Street city: Key West State: FL Zip: 33040 Phone: 305-292-3430 Ext: Fax: 305-292-3577 Email: carruthers-heather@monroecounty-fl.gov Chief Financial Officer Name: Danny Colhage Title: Clerk Address: 500 Whitehead Street City: Ivey West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3003 Email: dkolhage@monroe-clerk.com Application Ref # 2012-JAGC-1767 Contract 2012-JAGC-MONR-1-C4-234 Section #1 Page 1 of 2 Rule Reference I I D-9-006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide s Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief official Name: Heather Carruthers Title: Mayor Address: 530 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-202-3430 Ext: Fax: 305-202-3577 Email: carruthers-heather@monroecounty-fl.gov Project Director [Name: Lisa Tennyson Title: Grants Administrator Address: 1100 Simonton Street Room 2-2 1 3 City: Key West State: FL Zip: 33040 Phone: 305-202-4444 Ext: Fax: Email: Tennyson-Lisamonroecounty-fl.gov Application Ref # 2012-JAG C-1767 Contract 2012-JAGC-MONK-1-C4-234 Rule Reference 11 Q-9.006 GCJG-005 (rev. April 2005) Section #1 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide General Project Information Project Title: SAMUEL`S HOUSE: COURT -MANDATED SERVICES AND SUBSTANCE ABUSE CASE MANAGEMENT Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of commissioners Project Start Gate: 1011/2011 End Date: 9/30/2012 Problem Identification a. The overall problem to be addressed is a Lack of Funding for Substance abuse case management for Women who are court -mandated to Samuel's House (SH). The women all have duel histories of criminal activity and subtance abuse. b. Overall Problem Significance: Homeless women -in -crisis, many accompanied by their children from birth-18 years of age arrive at SH daily seeking a place of safety, shelter and services. The majority of clients are drug -addicted and have co-occurring disorders. An increasing number are just released from incarceration, have criminal records, or have been court -mandated to serve -out their sentences at SH. In 2010, the vast majority of women served in our program were identified with criminal backgrounds and came to the program from jail or via referrals from the justice system. It is for these women that Samuels House is seeking BYRNE funds. The Problem Significance/Need is 3-pronged: 1. Lack of funding for Court -Mandated Women (Client Fees): Approximately 5 years ago, SH began receiving women directly ordered by Monroe County 'udges to stay at SH for up to 90-days instead of being sentenced to the Monroe County Detention Center. In 2010, 50 women were sent to SH in lieu of jail. And, in 2011, there have already been 17 court -mandated women residing at the shelter. Most of these women are sent to SH because of their substance abuse and co-occurring issues and because SH has vast experience working with them. They benefit from case management and essential services such as substance abuse workshops, employment assistance from a job developer and transportation. It is anticipated that Samuel's House will serve 20 court -mandated women with BYRNE funds requested in this application. All women who come to SH are responsible for contributing to the program's expenses of housing and food ($400.00 per month). This is an important component to help the women in the program develop a sense of self-suffiency. It also helps support the program's expenses. However, women who are court -mandated to SH have no jobs and no way to pay their fees until they gain employment. Due to their criminal records, it is difficult to find work and fees go unpaid for at least one month. Sometimes fees remain unpaid for the duration of their stay. Although the courts require women to be at Samuel's House, the agency is not compensated by the judicial system. Utilizing BYRNE funds for initial client program fees will allow women time to find jobs and the ability to pay their own fees. 2, Lack of funding for Case Management: Case Management is the foundation for all client success at SH, It goes far beyond providing shelter and food. The Case Manager (CM) is on -site to: design and implement all activitieslprogram ming, perform client intake and assessment, administer drug/alcohol tests, refer clients to services, monitor client progress, resolve conflict, and assist clients with development of individualized Application Ref # 2012-JAGC-1767 Section #2 Page 1 of 5 Contract 201 2-JAGC-MONK-I-C4- Rule Reference I I D-9 006 OCJG-005 (rev April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide case management plans. The CM assists in acquiringnecessary documentation, a childcare and mental as well as rY umentat�on, locating a physical, health care. While these women are at SH, it falls to the CM to monitor the court -mandated women and to report to and P judges probation officers on their behalf. These duties require special skills and place a large, additional burden support the � g u den on the CM. vile will utilize BYRNE funds to su PP Case Manager's Salary and benefits. 3. Lack of funding for Testing Supplies: There is a proven prevalence o substance abuse amongSH clients. P f, and increase �n, t Agency statistics i n 2010 indicate that the majority of the general population of homeless women living at SH are dealin with substance 1 OOa1� of the court -mandated women assisted g ce abuse. And, ssisted by SH in 2010 reported having drug and alcohol addictions. Each client admitted to a SH program is screened for substance use before admittance into the shelter. Also, compliance random drug testing is mandatory for continued participation in the program. The cost of one drug test is $15.00 and 1,400 tests were administered in 2010. Drug - testing costs are not included in the program/client fees and no money is available for tests for court -mandated women. It is expected that 134 drug tests will be administer Samuel's House with criminal and/or subs administered for women at substance abuse backgrounds at a cost of $2, 010 to the BYRNE grant. Those Negatively Affected: Those negatively affected b the described r y problems include the increasing number of women who com e to Samuel's House through the legal process, from jail or even court -mandated. Because of their criminal backgrounds and drug/alcohol addiction the women coming for shelter have become ham s many of Bless, unemployed, ill and have ether committed crimes or had crimes committed against them. Not only is receivingCase Management staying drug and alcohol free necessaryfor remaining Bement and a�n�ng sheltered at SH, these are critical steps toward a better future for a woman and her family. SH has raven that ran effective tool for encouraging a woman P dam drug testing �s an 9 9 to remain sober and drug -free while participating in Case Management. c_ Current Scope of the Problem. current data reflects that 100% of SH li cents entering the various SH programs experience addiction. Th e latest available data obtained from the Monroe County Sheriffs office indicate 6,447 substance abuse related bookings (19,631 jail days) were reported in 2007-08. The Monroe County Detention center reports over 80% of those arrested have substance abuse problems and high rates of recidivism. The r 9 eatest indicator for the scope of the problem is the 20 women with identified criminal backgrounds, substance abuse issues and co-occurring disorders who stayed at Samuel's House in 2010. those court -mandated to Samuel's House in 2010.) (Among were 50 women Agency Data in Support of the Problem: The data reported b the independent Women -In -Transition TWIT program supports y pendent evaluator of the P 9 pports the need for continued services such as Case Management and drug -testing for all women of Samuel's House, The WIT program reached far beyond its targeted number of clie nts anticipated during the program. It was expected that 55 women would be served by WIT in a year. However data indicates that 217 w in the WIT program, placing it at more than 4 times the anticipated enrollment omen participated goal. As a result of Case Management (including random drug testing), significant reductions were evident from g} i g ct�ons �n alcohol and drug use Application Ref # 2012-JAGC-1767 Contract 2012-JAGC-MGNR-I -C4- Section #2 Page 2 of 5 Rule Reference I 1 D-9 006 QCJG-005 (rev April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide admission to six -months. Significant reductions in stress and i emo i tonal problems related to alcohol and drug use were evident from admission to six months. Employment and health situations improved as did the number of women who were able to acquire permanent housing when they left SH, Project Summary (Scope of Work) The program contains the following components: 1. Client Fees Court -Mandated Clients What will your project accomplish? Samuel's House has now become a place where the courts mandate that female offenders i go n lieu of detention. While we appreciate the court's recognition of the value and impact of ou services, there is an unmet expense associated with theseP r mandated visits. Shelter operations are becoming more costly every day. At Samuel's House, a woman is responsiable for in her services that she receives f paying portion of the expenses related to her room and board and for the time that she is there. We recognize that it is often very difficult for a woman to a these costs when she does not have a fob or other means of support.pay e This is especially the case when a woman is court -mandated to us. Paying the initial client fees for the first month is impossible for these women. With BYRNE grant funding, 20 women entering SH through the courts system will have employment. their initial fees paid while they are seekingto . Y P Ymen t Who will receive services? Women who have been Court -Mandated to live at Samuels Hou se in - lieu of jail. Who will provide the services? Staff at Samuel's House, Inc. will provide the services. The program is not "evidence -based," however, by virtue of its mandated visits the courts h recognized the value and success of our program. have 2. Case Management What will your project accomplish? With BYRNE grant funding, a Case receive Manager will salary plus benefits and 20 women with criminal and/or g e e substance abuse backgrounds will receive Case Management. The Case Manager is on -site to: design and implement all activitieslprogram min I perform client in p 9 P take and assessment, administer drug/alcohol tests, refer clients to services} monitor client progress, resolve conflict, assist clients with development p ent of individualized case management plans. The CM assists in acquiringdocumentation to childcare and mental, as well asphysical cats ng health care. While women who have been court - mandated are at SH, it also falls to the CM to monitor the court -mandated women and to re judges and probation officers on their behalf. port to Who will receive services? Women who have been court -mandated to live at Samuel' well as other program participants referred s House as P to us by other law enforcement entities. Who will provide the services? The Samuel's House Case Manager. Application Ref # 2012-JAGC-1 767 Section #2 P 5 Page 3 of Contract 2012-JAGC-MCNR-I-C4- Rule Reference I 1 D-9 006 OCJG-005 (rev. April 2995) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide What other agencies will participate? Samuel's House partners with, and has clients referred from the Monroe County Sheriffs Office, Pre-trial Services, and Drug Court. 3. Drug-Testi ng What will your project accomplish? With Byrne Grant funds, it will be possible to purchase and administer 134 comprehensive drug tests. Who will receive services? Women residing at Samuel's House who have both criminal and substance abuse backgrounds. Who will provide the services? Services will be provided by Samuel?s House Case Management, Counseling and Monitoring staff. What other agencies will participate? Samuel's House receives referrals from the Monroe County Sheriffs Office, the prison system, the courts ystem, and pre-trial services, - - - ------ . .. . . ........ . ..... . ..... Application Ref # 2012-JAGC- 1767 Section #2 Page 4 of 5 Contract 2012-JAGC-Mold R-1-C4- Rule Reference I ID-9 006 OCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Section Questions: Question: Does the Subgrantee receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of $500,000 or more from the U.S. Department of Justice? Answer: No Application Ref # 2012-JAGC-1767 Contract 2012-JAGC-MONR-1-C4- Rule References 11 D-9 006 OCJG-005 (rev Apni 2005) Section #2 Page 5 of 5 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide General Performance info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 005 - Drug Treatment Programs State Purpose Area: A - State/Local Initiatives - Coordinate/Organize Local Initiatives/State Initiatives Activity Description Activity: Substance Abuse Treatment Target Group: Females - Adult* Geographic Area: aural Location Type: Community -based organization Address(es) : Samuel's House 1614 Truesdell Court Key West, FL 33040 Activity Description Activity: Case Management Target Group: Females - Adult* Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Drug Testing Target Group: Females - Adult* Geographic Area: Rural Location Type: Community -based organization Activity Description Activity: Alcohol Testing Target Group: Females - Adult* Geographic Area: Rural Location Type: Community -based organization Application Ref #01-JAGC-1767 _ Section #3 Page 1 of 3 Contract 2012-JAGC-MONR-I -C4- Rule Reference 11 D-9 006 OCJG-005 (rev April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Objectives and Measures Objective: 03.A. DS* - Number of program participants receiving services Measure: Part 1 Number of program participants to receive services during the grant period Goal: 20 Measure: Part 2 Number of program participants to receive services during each reporting period Goal: 5 Objective: 05.A. DS* - Number of program slots offered through initiatives Measure: Part 1 Number of program slots to be available at the start of the grant period Goal: 20 Measure: Part 2 Number of program slots to be created during the grant period using funds from this grant Goal- o Objective-, 06,A. BT* - Number of program participants who completed services Measure: Part 1 Number of program participants to complete services during the grant period Goal: 17 Measure: Part 2 Number of program participants who will exit services during the grant period (complete or not complete) Goal: 20 Objective: 58,A.Sl - Number of existing local initiatives Measure: Part 1 Will this grant continue a local initiative that was begun with any other funding source, including a prior year's grant? Goal: 'des Application Ref # 2012-JAGC- 7767 Section #3 Page 2 of 3 Contract 2012-JAGC-MGNR-1-C4- Rule Reference I I D-9 006 OCJG-005 (rev Apnl 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - county -wide Section Questions: Question: if "other" was selected for the geographic area, please describe, Answer: NA Question: if "other" was selected for location type, please describe. Answer: NA Application Ref # 2012-JAGC-1767 Section #3 Page 3 of 3 Contract 2012wJAGC-MONR-1-C4- Rule Reference 11 D-9-000 OCJG-005 (rev Apnl 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide General Financial Info: Note.- All financial remi"ttances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee, a state agency?: No FLAIR / Vendor Number: 596000749 Budget: Budget Category ............. . Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $20,000.00 $0.00 $20,000.00 Expenses $0.00 $0.00 $0.00 Operating Capital KOO $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 Totals loop $20,000.00 $0.00 $20,000.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # 2012-JAGC- 1767 Section #4 Page 1 of 4 Contract 2012-JAGC-MONR-1-C4- Rule Reference 11 D-9.006 OCjG.-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide Budget Narrative: TOTAL BUDGET: $20,000 CONTRACTUAL SERVICES: Services will include case management/counseling, substance abuse services, drugtesting, housing/food costs (client fees), and drugtesting for women 9: 9 with dual criminal and substance abuse histories. UNIT COST CALCULATION: Unit Cost = 1 Service Hour Units to be provided: 840 (approximately) Unit Cost = $ 23.80 (rounded) TOTAL PROJECT = $ 20,000 CONTRACT: Monroe County will execute a contract with Samuel's House for the period of Oct 1, 2011 throug h Sept 30, 2012, to cover the grant period. A copy will be sent to FDLE. Application Ref # 2012-JAGC-1767 Section #4 Page 2 of 4 Contract 201 2-JAGC-MONR-I-C4-234 Rule Reference 1 I D-9,006 OCJG-905 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County -wide [77 Section Questions: Question: If salaries and benefits are included in the budget as actual costs sts for staff in the implementing agency, is there a net personnel increase, or a continued net ers increase from the previous Byrne program? ro ram? personnel Answer: NA/paying for contracted services. Question: If benefits are to be included, are they reflected in the bud et narrative? g Answer: NA/paying for contracted services. Question: Indicate the operating Capital outlay threshold established b h y the subgrantee or implementing agency, if it is the sheriff's office. Answer: 1,000 Question: If indirect cost is included in the budget, indicate the basis for th e plan e.g. percent of salaries and benefits), and provide documentation of the appropriate a roval o plan. PP f this Answer: NA Question: If the budget includes services based on unit costs provide a t p definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: BUDGET Salaries and Benefits: Case Manager: $9,990 Expenses: Drug Testing Supplies? $2,010 Client Fees $8,000 Total Expenses; $10, 010 TOTAL BUDGET: $201000 BUDGET NARRATIVE: $9,990 of Byrne grant funds will be used to pay a portion of the sala ry ary of the Samuel s House Case Manager. The Case Manager counsels and connects women services as: transportation, child-care individual/group with such counseling, mental/physical health care, basic needs and addiction services, etc. The total annual manager salary plus benefits equals $45 000. The r case grant award portion of the total annual case manager salary is 37 hours per month x $22.50 per hour (including benefits) which equals $832.50 P g q per month. $8,000 in BYRNE grant funds will be used to pa initial client fees fo r or women who are court -mandated to live at Samuel's House in lieu of jail. These fees Application Ref # 2012-JAGC-1767 Section 44 Page 3 of 4 Contract 20 1 2-JAGS-MO(VR- I -C4-234 Rule Reference I I D-9.006 CCJG-005 (rev. April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant -County-wide help pay for the costs of food, shelter and other necessary expenses for the women, This portion of the grant award will provide first month client fees of $400 for 20 court - mandated women. (After the first month, the women are expected to contribute toward their housing and food costs and pay this monthly fee themselves,) $2,010 in Drug Testing supplies will be purchased throughout the year to provide 134 mandatory drug tests @ $15.00 per test. The population will be women with criminal and substance abuse backgrounds. Random drug -testing has proven to be an effective Case Management tool for the selected population, UNIT COST CALCULATION Total budget = $ 20,000 Unit cost = I service hour Total number of units = 840 (approx.) Unit cost = $23.81 (rounded) 840 units x $23.81 per unit = $20,000 The unit cost calculation was provided by contracted service provider, July 2011 Monroe County determined funding for project via a competitive process. Application Ref # 2012"-'JAGC-1"76'7 Contract 2012-J AG C- M 0 N R- I -C4-234 Section #4 Page 4 of 4 Rule Reference I I D-9,006 OCJG-005 (rev. April 2005) Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement . . . . ........... Standard Conditions. Conditions of agreement requiring compliance by units nits of local government (subgrant recipients), implementing agencies, and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 17 of this section. a All Subgrant Recipients Must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) (h!!p-://www.oig.usdpi_,gov/financiglg.uide/index.htm) and the Edward Byrne Memorial Justice Assistance Grant (JAG) program guidance (http://www.oip..psd2L.gov/BJAI-qrantliag--,-htmi) as well as Federal statutes, reg, ulations policies, guidelines and requirements and Florida laws and regulations including but not limited to: Florida Administrative Code, Chapter 11D-9, "Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": hftps://www.firule Office of Management and Budget (OMB) Circulars: http://www.whitehouse-gov/omb/circulars * A-21 (2 CFR 220), "Cost Principles for Educatio-'nal Institutions" * A-87 (2 CFR 225), "Cost Principles for State, Local and Indian Tribal Governments" * A-102, "Grants and Cooperative Agreements with State and Local Governments" * A-1 10 (2 CFR 215), "Uniform Administrative Requirements for Grants and Cooperative Agreements" * A-122 (2 CFR 230), "Cost Principles for Non -Profit organizations" * A-133, "Audits of States, Local Governments, and Non -Profit Organizations" Code of Federal Regulations: httP://www.-qPo.-qov/fdsys/ o 2 CFR 175.15(b), "Award Term for Trafficking In Persons" o 28 CFR 38, "Equal Treatment for Faith -Based Organizations" o 28 CFR 66, "U.S. Department of Justice Common Rule for State And Local Governments" (Common Rule) 0 28 CFR 83, "Govern ment-Wide Requirements for Drug -Free Workplace (Grants)" o 28 CFR 18, 22, 23, 30t 35, 42, 61, and 63 Public Law 109-162, Title XI —Department of Justice Reauthorization, Subtitle B— Improving the Department of Justice's Grant Programs, Chapter 1—Assisting Law Enforcement and Criminal Justice Agencies, Sec. 1111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: ht1pj..//www.oiP,usdoi.g.ov1B4 a J Arant/jaci.htmi - I United States Code: http*-//wwwqRo.gov/fdsysJ o 42 U.S.C. 3711 et seq., "Omnibus Crime Control and Safe Streets Act of 196811 • State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: !Itt.p..-Nl/dlis.dos.state.fl-us/barm/genschedules/GS1-SL.pdf 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments SFY 2012 Page I Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement....... .. and federal OMB circular A-87, "cost Principles for State, Local and Indian Tribal Governments," or OMB circular A-2 , "cost Principles for Educational Institutions." b. All procedures employed in the use of federal funds for an procurement shall y p be according to U.S. Department of Justice common Rule for State and Local Governments or OMB Circular A-1 10, or OMB Circular A-102, and Florida law to be eligible for reimburseme nt. ent. 3. deports a. Project Performance Reports (1) Deporting Time Frames: The subgrant recipient shall submit Quarter) Project Performance Deports to the Florida Department y the De p of Lam Enforcement, hereafter known as Department, within fifteen i15 days after the end of the reporting period. In addition if the subgrant ward period is extended beyond the "ori anal" f QuarterlyProject Performance y 9� project period; additional o mance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate an may result in sanctions specified in ip d timely as p item 17, Performance of Agreement Provisions. (2) Deport contents: Performance Reports must include a response to all objectives on p included in your subgrant. A detailed response se is required in the narrative portion for yes/no performance objectives. The narrative must also reflect on accomplishments for the project quarter and identify problems with `ect implementation p p p ementat�on and address actions being taken to resolve the problems. Additional information may be required if necessary comply with federal reporting requirements. q ary to (8) Submission: Performance Reports may be submitted by 1 the Project Director, Application Manager, or Performance contacts. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submittingeither a Month) or Quarterly Project Expenditure Report y a p p rt to the Department. Project Expenditure Deports are due thirty (30) days after the end of the reportingeriod. I n addition the subgrant award period is extends p ' �f P d, additional Project Expenditure Reports shall be submitted. Project Expenditure Reports for grants made under the Recovery A must be submitted monthly. See the Recovery Act conditions for additional Act information. (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided b the Office of Criminal Justice Grants OCJ� through p y � } g the subgrant Information Management ON -line (Slli ON) system. (c) All Project Expenditure Deports shall be submitted in sufficient detail for proper rvpre- audit and post -audit. p p (d) Before the "final" Project Expenditure Deport will be processed, the subgrant recipient must submit to the Department all o g p outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (e) Reports are to be submitted even when no reimbursement is being requested. Edward Byrne Memorial Justice Ass - istance Grant (JAG) Program Florida Department of Law Enforcement (f) The report must be electronically signed by the subgrantee or implementing agency's chief financial officer or the chief financial officer's designee. (2) Financial Closeout Audit (a) The Financial Closeout Audit shall be submitted to the Department within forty-five (45) days of the subgrant termination date. (b) The Financial Closeout Audit must be electronically signed by the subgrantee or implementing agency's chief financial officer or the chief financial officer's designee. (3) Project Generated Income (POI} (a) If applicable, the subgrant recipient shall submit Quarterly PG1 Earnings and Expenditures Reports to the Department within thirty (30) days after the end of the reporting period covering subgrant project generated income and expenditures during the previous quarter. If any POI remains unspent after the subgrant ends, the subgrant recipient must continue submitting quarterly POI reports until all funds are expended. (See Item 10, Program Income.) (b) PGI Earnings and Expenditures reports must be electronically signed by the subgrantee or implementing agency's chief financial officer or the chief financial officer's designee. C. Other Reports The subgrant recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department, 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the Department. b. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guide, the Common Rule, and OMB Circulars A-21, A-87, and A-1 10, or A-1 02 as applicable, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient, 5. Payment Contingent on Appropriation and Available Funds The State of Florida's performance and 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 subgrant recipients for incurred costs is subject to available federal funds. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. All payments must be completed within thirty (30) days of the end of SF Y 2012 Page 3 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Lair Enforcement the suhgrant period. 7. Advance Funding .Advance funding may be provided to a suhgrant recipient upon a written request to the Department. The request must be electronically y signed by the subgrantee q or implementing agency's chief financial officer or the chief financial officer's designee. 8. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG The trust fund was or may not be an in p funds. Y Y interest bearing account. b. The account may earn interest, but any earned interest must be used for rant period end d program purposes and expended before the federal g p ate. Any unexpended interest remaining at the end of the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 9. Travel and Training The cost of all travel shall be reimbursed according to the sub rant recipient's written Policy. If the sub rant recipient does n 9 p �tten travel g p of have a written travel policy, cost of all travel will be reimbursed according to § 112.061, Fla. Stat. 10. Program Income (also known as Project Generated Income) a. All income generated as a direct result of a suhgrant project shall be deemed r income. program b, Any project that will potentially earn PGl must submit an Earnings and Expenditures to report hoer much Pal was earnedg Report during each quarter. A report must be submitted each quarter even if no PGl was earned or expended. PGl Earnings and Expenditures reports must be electronically signed b the subgrantee or i p p Y g implementing agency's chief financial officer or the chief financial officer's designee, c. PGl expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes of p p and under the conditions applicable to the award. if the cost is allowable under the Federal grant program then the cost allowable using program income. Pal budget would be g requests must be signed by the subgrantee or implementing agency's chief financial officer or the chief financial officer's designee. d. Program income should be used as earned and expended as soon as a possible. Any unexpended Pal remaining t the end of the Federal grant period must be submitted to the Office of criminal Justice Grants for transmittal to the Bureau of Justice Assistance. 11. Approval of consultant contracts The Department shall review and approve in writing all consultant contracts prior to e of a consultant when the consultant's rate e p employment exceeds 450 (excluding travel and subsistence costs) for an eight -hour day. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the common Rule, p q ements and in applicable state statutes. The Department's approval of the suhgrant recipient agreement does not constitute approval consultant contracts. if consultants are hiredpp of through a competitive bidding process (not sole source), the $450 threshold does not apply. Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 12. Property Accountability a. The subgrant recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or dispose of it pursuant to § 274, Fla. Stat. be The subgrant recipient 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 Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-1 10 or A-1 02, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. 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 Office of Justice Programs Financial Guide (as amended), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-1 10 or A-1 02, as applicable. 14. Copyright The awarding agency reserves a royalty -free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b, Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Publication or Printing of Reports The subgrant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web -based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date. All materials publicizing or resulting from award activities shall contain the following statements: "This project was supported by Grant No. [contact the Office of Criminal JuStice Grants for award numbed awarded by the Bureau of Justice Assistance, The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author ti and do not necessarily represent the official position or policies of the U,S. Department of Justice. 16. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program -specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-1 33 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 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 SFY 2012 Page 5 . . .... . .............. Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement . ......... subgrant recipient shall submit an annual financial audit that meets the requirements of § 11 .45, Fla. Stat. , "Definitions; duties- authorities; reports; rules."; § 215.97, Fla, Stat., "Florida Single Audit Act"; and Rules of the Auditor General, Chapter 10.550, "Local Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For -Profit organizations." b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification, which can be 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 subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. 9. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or written notification of audit exemption should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 17. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction, 18. Commencement of Project a. If a project is not operational within 60 days of the original start date of the award period, the subrecipient must report by letter to the Department the steps taken to initiate the project, the SFY 2012 Page 6 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement reasons for delay, and the expected start date. b. 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. C. 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 subgrant 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. 19. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to per -form shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. C. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly . 20. Written Approval of Changes in this Approved Agreement (Grant Adjustments) a. Subgrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, 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 will transfer more than 10% of the total budget between budget categories. b. Subgrant recipients 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 C. Under no circumstances can transfers of funds increase the total budgeted award. d. Requests for changes to the subgrant agreement must be electronically signed by the SFY 2012 Page 7 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement subgrantee or implementing agency's chief official or the chief official's designee, e. Any certifications required for the requested changes, such as Sole Source, ADP Justification, Privacy Certification forms, and Confidential Funds certifications, must be signed by the subgrantee or implementing agency chief official or someone with formal, written signature authority for the chief official. 21. Disputes and Appeals a. 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 subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient 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 subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla, Stat., and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under § 120, Fla. Stat. 22. Conferences 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. 23. Access To Records a. The 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 subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of § 119, Fla. Stat., and made or received by the subgrant recipient or its contractor in conjunction with this agreement. c. The subgrant recipient 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. 24. Retention of Records • The subgrant recipient 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 authorized persons. The subgrant recipient shall comply with State of Florida General Records Schedule GS 1 -SL for State and Local Government Agencies. h ttp,//dlis. dos, state. fl, us/barm/genschedules/GS1 -S L. pdf. SFY 2012 Page 8 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 25. Personnel Changes Upon implementation of the project, in the event there is a change in chief Officials s for the Subgrant recipient or Implementing p g Agency, project staff must notify the help desk for FDLEfs online grants management system, SI11 ON (Subgrant Information Management Online dated in 51�10�. l g 3• so that the organization can be updated f the project director changes, a grant adjustment must be entered in SIMON to reflect the change. 26. Background Check Whenever a background screening for employment or a background security check g � e k is required by law for employment, unless otherwise provided by law, the provisions of § 435, Fla. Stat. shall apply. a. All positions in programs providing care to children, the developmentally disabled, vulnerable adults for 15 hours or more p Y ed, or per week, all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions responsibilityand require p s of special trust or q employment screening pursuant to § 435, Fla. Stat., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility ponsibility shall be required to under security background 9 y g ound investigations as a condition of employment and continued employment. For the purposes of the subsection, securitybackground investigations shall include, g but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile r through the Florida Department of Law Enf ecords checks orcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal through local law enforcement agencies. records checks (1 ) Any person who is required to undergo such a securitybackground investigation cooperate in such i g est�gat�on and who refuses to coo p investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing ee. When fingerprintingp ployng agency or employee. is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agencyor an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested b the en Department of Justice Y employing in p Y g agency, cY' to the United States De P e for processing. The employing agency shall reimburse the. Department of Law Enforcement for any costs incurred b it in the processing of the fingerprints. Y 27. Drug Court Projects A Drug Court Project must comply with § 397.334, Fla. Stat., "Treatment -Based DrugC Programs." Court 28. overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officer es consult s, the U.S. Department of Justice encourages anon with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for s and the need for detention space systemic impacts such as increased court docket p . ........... Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement .. ... ..... 29. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. Part 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. Part 23 to be applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 CY,R. 23.20(g). Should any violation of 28 C.F.R. Part 23 occur, the subgrant recipient may be fined as per 42 U.S.C. 3789g(c)-(d). The subgrant. recipient may not satisfy such a fine with federal funds. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application, 33. Equal Employment Opportunity (EEO) a. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies Must comply with any applicable statutorily - imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. § 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29 U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the Education Amendments of 1972 (20 D.S.C. §§1681, 1683t 1685-86); the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07)* and Department of Justice Non -Discrimination Regulations 28 CFR Part 42* see Ex'. Order 13279 (equal protection of the laws for faith - based and community organ'izations). b. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at httD://WWW nir).usdoi..gov/about/ocr/eeor) compIY_,.,htm, must be retained by the subgrant recipient or implementing agency, a 6 d must be available for review or audit. The organization must also submit an EEO Certification to FDLE. C. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. d. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. e. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. SF Y 2012 Page 10 Edgard Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of taw Enforcement f. In the event a Federal or State court of Federal or State administrative process agency males a finding of discrimination after a due p s hearing on the grounds of race, color, religion, national origin, sec, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, office of Justice Programs. 34. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilitie s Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities o requires certain accommodations p n the basis of disability and re a mmodations be made with regard to employment (Title 1), state and local government services and transportation 11 Title public accommodations � �= p m ations Title 111 =and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constitutinga violation o g Y p Ys f the employment provisions contained in 3 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and NationalityAct ` INA. Department shall consider the employment � " } The p oyment by any contractor of unauthorized aliens a violation of Section 274A(e) of the II A. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the IhA shall � � be grounds for unilateral cancellation of this contract by the Department. 36. rational Environmental Policy Act (NEPA) a. The subgrant recipient agrees to assist FDLE in complying with the NEPA, the Nations Historic Preservation Act, and other related federall environmental impact analyses requirements in the use of subgrant funds by the subgrant recipient. This applies to the following new activities whether or not the be' pp Y are Ong specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted b the subgrant recipient or any third party and the activityneeds to Y g pent funds, be undertaken in order to use these subgrant (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing the National Register of historic Places orlocated g g on �b } ated within n a 1 oo-year flood plan; (3) A renovation, lease, or any other proposed use of a building or facility that will Y ether (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than che micals that are (a) purchased as an incidental component of a funded activityand b traditionally used, for example, in i � p office, household, recreational, or educational environments. (5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine rr ethamphetamine laboratories. b. The subgrant recipient understands and agrees that complying with NEPA may require th preparation of an Environmental Assessment and/or Y q e o an Environmental Impact Statement, as directed by the ,Bureau of Justice Assistance. The subgrant recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice at htt :11www,o . usdoi. ov/BJA/resource/ne a. htmi ro for rams _7 relating to �nethamphetamine laboratory operations. programs SFY 2012 Page 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement . ......... .... c. For any of a subgrant recipient's existing programs or activities that will be funded b these on request subgrants, the subgrant recipient, u specific re from Y p p q n1 the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in anpreparation by Department of Justice of a national or program Y p og am environmental assessment of that funded program or activity. 37. ikon -procurement, Debarment and Suspension . The subgrant recipient agrees to comply with Executive Order 12849 Debarment and Sus , Suspension and � CFR �80�� ' p "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Non procurement)" These procedures require the subgrant recipient to not enter into an lower tiered cover g p certify �t shall Y covered transaction with a person who is debarred, suspended} declared ineligible or is voluntarily excluded from participating in this covered transaction, ra unless authorized by the Department. If the subgrant nt is $100, 000 or more, the subgrant recipient and implementing agency certify that they and their principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits b a State or y Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted against the of or had a civil judgment rendered a 9 m for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) 3 transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction records, making false statements g stolen property, or receiving of c. Are not presently indicted for or otherwise criminally or civilly charged b entity Federal, State, or local on of any of the offenses with commission g Y a governmental mental snses enumerated in paragraph (1 )(b) of this certification; and d. Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local terminated for cause 3 or default. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 80, "Neer Restrictions o Lobbying" and shall file the most current edition of the Certificationn And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract rant, or cooperative a g p 9 p agreement of $100,000 or more. b. This certification is a materiel representation of fact upon which reliance was laced w this agreement was made. Submission p when of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by 81 USC 1352. civil $erson Any who fails to file the required certification is subject to a � I penalty of not less than o , goo and not more than $100, 000 for each failure to file. C. As required by 31 USC 1382, and implemented at 28 CFR 00, for persons enteringinto grant or cooperative agreement over $100000 as defined a at �8 CFR 0g, the applicant certifies that: 1 } No Federal appropriated funds have been paid or will be paid, b or on behalf of the undersigned, to an person for influencing Y Y p g or attempting 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 the making of any Federal Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting 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 Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (3) 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 sub -recipients shall certify and disclose accordingly. 39. State restrictions on Lobbying In addition to the provisions contained in Item 39, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under p p 9 Y p r this contract. 40. Additional restrictions on Lobbying The subgrant recipient 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 laver regulation or policy, at any level of government, without the Y g express prior written approval of the Office of Justice Programs. 41. "Pay _ to — Stay" Funds from this award may not be used to operate a `tpay-to-stay" program in an local "ail. Furthermore, no funds may be given to local 'ails that Y 9 operate "pay -to -stay" programs. "Local jail,11 as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay -to - stay " programs as referenced in this condition, means a program p g by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate may offender's apparent ability population, Y be provided, based upon as o pp tY to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 42. Mitigation of Health, Safety and Environmental risks dealing with clandestine Metbair phetarr ine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual g p p dual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General requirement: The subgrant recipient agrees to comply with Federal, State, and local environmental, health and safety lags and regulations applicable to the investigation and closure of clandestine metham hetamine laboratories g p es and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific requirements: The subgrant recipient understands and agrees that any pro ram or g initiative involving the identification, seizure, or closure of clandestine metharnphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the lair enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, SFY 2012 Page 13 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement . ..... __ equipment, and waste from a seized laboratory's operations are placed or come to rest. Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed Protective measures or components; (2}provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these Protective measures directly throughout the life of the subgrant. In so doing, the subgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party, (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient to the seizure or closure if of clandestine methamphetamine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site of each seized clandestine laboratory;• (6) Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure Proper compliance, (8) Have in place and implement an inter -agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and (9) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state law, at the site. This agreement must ensure immediate response by qualified personnel who can (i) respond to the potential health needs of any minor at the siteI , (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject to arrest for other criminal violations; (iii) ensure immediate medical testing for metharnphetamine toxicity; and (iv) arrange for any follow-up medical tests, examinations, or health care made necessary as a result of methamphetamine toxicity, 43. Limited English Proficiency (LEA') In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of SF 2012 Page 14 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 19641 42 U.S.C. § 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for p p 9 persons with L.EP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at hft ://www.le ov. 44. The Coastal Barrier Resources .Act The subgrant recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P. L.. 97-348) dated October 19, 198 10 USC 3501 et se prohibits the q) which p expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 45. Enhancement of Security If funds are used for enhancing security, the subgrant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement is undertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 46. Environmental Protection Agency's (EPA) list of violating Facilities The subgrant recipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program P p p g m Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of an communication from the Director of the EPA Office of Federal Activities y �t�es indicating that a facility to be used in the project is under consideration for listing by the EPA, 47. Flood Disaster Protection Act The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. 48. National Historic Preservation Act It will assist the Department (if necessary) in assuring compliance with section 106 of the rational Historic Preservation Act of 1966 (16 U.S.O. § 470), Ex. Order 11893 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 10 U.S.C. 469 a-1 et se and the National � q �, tonal Environmental Policy Act of 19�9 �4� U.S.C, � 4321). 49. omnibus Crime control and sate Streets Act The subgrant recipient will comply and assure the compliance of all contractors, with the applicable provisions of Title 1 of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants; and all other applicable State and Federal laws, orders, circulars, or regulations. SFY 2012 Page 15 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 50. Hinman Research Subjects Subgrant recipient agrees to comply with the requirements of 28 C.F.R. part 48 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects including obtainment of Institutional Review Board approval, if pp appropriate, and subject informed consent. 51. National information Exchange Model specifications To support public safety and justice information sharing, the office of Justice Programs requires the subgrant recipient to use the National Information g Exchange Model �l�l EI�11} specifications and guidelines for this particular grant. Subgrant recipient shall publish and make available without restriction all schemas generated as a result of this grant to the component registry compliance with this condition, �t�onf visit ass specified rnp in the guidelines. For more information on coli p niem. ovum lementation uide. h . 52. Reporting, Data Collection and Evaluation The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the . Hance with these Justice Assistance Grant (JAB corn r � p requirements �rements w�11 be monitored by the Bureau of Justice Assistance. 53. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 8789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Subgrant recipient further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in, section 22.23. 54. state information Technology Point of contact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded b this rant during the obligation and expenditures period. This i Y g p p s s to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to htt ://www. it.Oi ov/default. as x?area= sl�c An�Pract�cC� a e=048. 55. 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 between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate c connectivity, unless the subgrant recipient 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. 56. Supplanting The subgrant recipient 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. SFY 2012 Page 16 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement 57. Conflict of Interest The subgrant recipient and implementing agency will establish safeguards to prohibit employees from using their positions fora purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 58. 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. § 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs. 59. Limitations on Government Employees Financed by Federal Assistance The subgrant recipient will comply with requirements of 5 U.S.C, §§ 1501-08 and §§ 7324-28, 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. 60. Equal Treatment for Faith Based Organizations The subgrant recipient agrees to comply with the applicable requirements of 28 C,F.R. Pa gulatiovernirt 38, the Department of Justice re gng "Equal Treatment for Faith Based Organizations" the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or prose I ytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub -grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs it funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this faith based organizations maaward, y, in some circumstances, consider religion as a basis for employment. See http://www. P.,goy/about/ocr/equal fbo,htm. 61. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee, 62. Reporting Potential Fraud, Waste, Abuse, and Similar Misconduct The subgrant recipient must promptly refer to the Florida Department of Law Enforcement, Office of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor subcontractor, or other person has either 1) submitted a false claim for grant funds under 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 involving grant funds 63. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award, for any law enforcement task force funded with these funds, the task force commander, agency executive, task force officers, and other task force members of equivalent rank, will complete required online (internet-based) task force training to be provided free of charge through BJA's Center for Task Force Integrity and Leadership. All current and new task force members are required to complete this training once SFY 2012 Page 97 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Florida Department of Law Enforcement ... .......... - during the life of the award, or once every four years if multiple awards include this requirement, This training will address task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability, Additional information will be provided by BJA regarding the required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (Www.ctfli.org), 64. Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable Subgrant recipient 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. 65. High Risk subgrant Recipients The subgrant recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the U.S. Department of Justice determines that the subgrant recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. 66. Text Messaging While Driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg, 51225 (October 1, 2009), the subgrant recipient 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 subgrant and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 67. Central Contractor Registry (CCR) The subgrant recipient must maintain the currency of its information in the CCR the final financial report reuntil it submits wired under this award or receives the final payment, whichever is later. This requires that the subgrant recipient review and update the information at least annually after the initial registration, and more frequently if required by changes in its information or another award term. 68. Maximum Allowable Salary No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the subgrant recipient whose total annual cash compensation exceeds 110Icy of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year, (The salary table for SES employees is available at http://wwwi--O.PM.Qov/oca/lOtables/indexSES. (A subgrant recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. SF 2012 Page 18 CERTIFICATION FORM Recipient Name and Address: Munroe County, l 10 0 Siall 1u� t'40.E 5trC,et ejz 33t+4t6t- Grant Title: s 8rUue-'' s House : W I T Grant Number201 2—JAGC-1 7$Tard Amount: 120, 000 Contact Person Name and Title: Lisa Tenn son , Cran t s Adm. Phone Number: (3 0 � 2 9 2 — 4 4 4 4 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.FA §§ 42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete section B below. A reclpient should complete either Section A or Section B, not both, if a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U .S. Department of Justice, 8 10 7`" Street, N. W ., W ash ington, D.C. 2053 1, For assistance in completing this form, please call (202)307- 0690 or TTY 202 307-2027. Section AW Declaration Claiming Complete Exem lion from the EEOP Requirement. Please check ult the boxes that upp4i_ ❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe, ❑ Recipient is a non-profit organization, ❑ Recipient is an educational institution, or ❑ Recipient is a medical institution, ❑ Recipient is receiving an award less than $25,000 [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(sT c ec ed above, pursuant to 28 C.F.R §42.302. I further certify that [recipient[ will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type dame and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for S25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. § 42.305): I, Roman Ca s t e s i Coun_ty Adm i n i s t r a t [responsible official j, certify that the [recipient],which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP to accordance with 28 CFR §42.301, et seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP is on file in the office of alvin Allen, EEO ffic r Monroe [or anization at i� [' KeyWegit, F 1 33040 [address],tor review by the public and employees or for review or audit by officials of the relevant state planning agency or the Office for Civil Rights, Office of Justice Programs, U. S. Department of Justice, as required by relevant law eg ions. Print or type game and Title � � Signature Date OM Apprw,al No. l l 2 I ,0140 Fxpiration Date: ! 2. 3 1 "I 2 RESOLUTION NO. 231 - 2011 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FY 2011-12 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the Florida Department of Law En fundingfor Enforcement has announced the Fiscal Year 2011-2012 Edward Byrne Memori JAB Prram;and Y a1 Justice Assistance grant WHEREAS, the Monroe noun Board � of Commissioners agrees to sere as the coordinating unit of government in the re arati distribution prepon of the grant proposals and in the of funds allocated to Monroe Coun in the amount unt of 1 Q4, 859 with no cash match; and WHEREAS, the Monroe County Substance Abuse Policy AdvisoryBoard, with concern given to the Cvun 's current drug tY ug control efforts, has recommended programs receive fundingto roved certain provide the community with activities focused on drug alcohol education, prevention, rehabilitation g and and treatment, now therefore, BE IT RESOLVED BY THE BOARD OF 11�O111R COUNTY COMMISSIONERS �F E COUNTY, FLORIDA, that: . The Board of County Commissioners concurs with the Monroe Jaunty Substance Abuse Policy AdvisoryBoard's r 2. The recommendations; and that County Administrator is hereby authorized application y to sign and submit the packet far the Fiscal Year 2011-201 ran Department of L grant funds to the Florida a►iv Enforcement Edward Byrne Memorial Justice Grant (JAG) ram- Pr Assistance and that 3. This resolution shall become effective immediately upon adoption by the Board of Jaunty Commissioners and ex Clerk. ecution by the Presiding officer and PASSED AND ADOPTED b the Board Florida,y aarof Jaunty Commissioners of Monroe Dau at a regular meeting of said Board het rn n ' d on the � 7 day of August, 20111. �. Mayor Carruthers Yes" '4 Mayor Pro Tem Rice Yes 4 Commissioner Murphy Yes � F Commissioner Neugent Yes Commissioner VVigington Yes � r-.)(Seat) Monroe Cau0 � • --� ssianers Attest:. ,! By. Clerk of Court Mayor f Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant W County -wide In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State":of Florida Department of Law Enforcement OMICO Of Criminal J u tice Grants Signature: (AlAS&�? Typed Name and Title: . "&I Date: t 1 Subgr nt Recipient Authortring Official of Govemmental Unit (Commis Ion chairman, Mayor, or esignatd Representative) Typed Name of Sub ci Man rQe county Signature: Typed Name and Title: Roman Ga s t e s i Date: _ August 1 � 2011 Imp eiingAg ncy C"clel, Administrator or Designated Representative Typed Name of Imp tin a ` -- Monroe Cot--� Signature: Typed Name and Title: Roman Gas t e s i CountT Ad is rator--- Date : Au Application Ref # 2012-JAGG-1767 Section #6 Page I of 1 Contract _JAGC-MONR- - - Ruie Reference 11 D-9.006 OCJG-005 (rev. April 2005)