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Item C03 C.3 County f � .�� ��� BOARD OF COUNTY COMMISSIONERS Mayor David Rice,District 4 f` Mayor Pro Tem Craig Cates,District 1 The Florida Keys Michelle Coldiron,District 2 Vacant,District 3 --' Holly Merrill Raschein,District 5 County Commission Meeting February 16, 2022 Agenda Item Number: C.3 Agenda Item Summary #9967 BULK ITEM: Yes DEPARTMENT: Budget and Finance TIME APPROXIMATE: STAFF CONTACT: Janet Gunderson (305) 292-4470 No AGENDA ITEM WORDING: Approval of an agreement with the Guidance/Care Center for Women's Jail Incarceration Drug Abuse Treatment services, in the amount of $27,121.66, for the period of October 1, 2021, through September 30, 2022; funded by Byrne/JAG grant program and approval to re-assign the roles of Implementing Agency Chief Official and Subgrantee Chief Official to the Director of Budget and Finance and authorization to allow her to submit and accept grant related documents in FDLE's electronic portal. ITEM BACKGROUND: On April 14, 2021, Monroe County received notice from FDLE, Office of Criminal Justice Grants (OCJG) announcing the availability of the JAG-Countywide (JAGC) local solicitation for Federal FY 2020. Monroe County is eligible to receive $55,199.00 from the Byrne/JAG grant program. The focus of Byrne/JAG is on improving the criminal justice system by funding initiatives in local jurisdictions. Byrne/JAG funds may be used to implement programs in the following program areas: (1) law enforcement; (2)prosecution, courts and indigent defense; (3) prevention and education; (4) corrections, community corrections and reentry; (5)planning, evaluation and technology enhancements; (6) crime and victim witness programs; and (7) mental health programs. The Substance Abuse Policy Advisory Board (SAPAB) convened for their annual meeting on May 7, 2021. The SAPAB is charged with the responsibility of making recommendations to the BOCC for the annual distribution of countywide FDLE Edward Byrne Memorial Justice Assistance Grant(JAG) Program funding. The SAPAB reviewed seven (7)proposals for services. The SAPAB collectively discussed and determined the programs and funding allocation to recommend to the BOCC for Byrne/JAG funding for Federal FY2020. Florida Administrative Code requires that units of government in each county reach a consensus, via a grant funding distribution letter, concerning the expenditure of these funds, including the projects to be implemented as well as the agencies responsible for implementation. The application deadline to FDLE was June 11, 2021. PREVIOUS RELEVANT BOCC ACTION: On June 16, 2021 (Agenda Item C.10)the BOCC approved the Substance Abuse Policy Advisory Board's recommendation selecting the Guidance/Care Center (G/CC)Women's Jail Incarceration Drug Abuse Treatment Program to apply for the Edward Byrne Memorial Justice Assistance Grant; Approval of a Resolution (No. 223-2021) Packet Pg. 118 C.3 authorizing the submission of grant applications, totaling $55,199 ($27,121.66 for the G/CC WJIP and $28,077.34 to Samuel's House)with no cash match, to the Florida Department of Law Enforcement for funding from the Byrne/JAG program for Federal Fiscal Year 2020; and Approval for the Monroe County BOCC to serve as the coordinating unit of government in the preparation of the grant proposals and the distribution of the funding allocation and approval of authorization for the Mayor to execute the grant funding distribution letter, sign acceptance of grant awards and all grant related documents. The County has applied to the Florida Department of Law Enforcement for Byrne/JAG grant funding since approximately 1990. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: 2021-JAGC-MONR-2-3B-149 WJIP Contract FINAL Resolution 223-2021 Byrne-JAG Application FINANCIAL IMPACT: Effective Date: 10/01/2021 Expiration Date: 09/30/2022 Total Dollar Value of Contract: $27,121.66 Total Cost to County: $0.00 Current Year Portion: $27,121.66 Budgeted: Yes Source of Funds: DOJ/FDLE CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: N/A Grant: Yes County Match: No/$0.00 Insurance Required: No Additional Details: N/A None 12/08/21 NEW COST CENTER ADDED $27,121.66 DOJ/FDLE Byrne JAG FFY20 WJIP Packet Pg. 119 C.3 REVIEWED BY: Christine Limbert Completed 01/31/2022 8:13 PM Tina Boan Completed 02/01/2022 9:16 AM Maria Slavik Completed 02/01/2022 11:02 AM Liz Yongue Completed 02/01/2022 1:58 PM Board of County Commissioners Pending 02/16/2022 9:00 AM Packet Pg. 120 BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor David Rice,District 4 The Florida Keys Mayor Pro Tern Craig Cates,District 1 Michelle Coldiron,District 2 }dolly Raschein,District 5 Vacant,District 3 DAVID P. RICE,MAYOR 9400 Overseas Highway, Suite 210 Marathon Airport Terminal Building Marathon,FL 33050 O 305.289,6000 E boccdis4(a7monroccounty-tt.gov Interoffice Memorandum Date: February 8,2022 To: Kevin Madok,Clerk of the Court County Clerk's Office - — - From: Mayor David Rice, District 4 AVP9____ RE: NOTICE OF VOTING CONFLICT Per Florida Statute 112.3143, I hereby disclose by written memorandum that I will abstain from the vote on certain issues brought before the Monroe County Board of Commissioners with entities with which I am involved. I will abstain from the vote on issues concerning the following entities: Guidance Cane Center, Inc., a private,not-for-profit entity, which receives some of its operational funding from the County,as I currently sit on the Hoard of Directors of the Guidance Care Center. I am also a member of the Board of the Historic Florida Keys Foundation,Inc. - - -- -- - - --At the February 16,2022 BOCC sheeting,I will abstain from the rote on item(s): #C3 & C5 Copy of agenda item fistingfrom the Revised Agenda for each of the referenced item(s)is included for documentation. ATT.- State Form 88 Memorandum of Voting Conflict for County,Municipal,and Other Local Elected Officers FORM 88 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MICCLE NAME NAME OF BOARD,COUNCIL, FAMSSION,AUTHOR[ O COMMITTEE rnioni� MAILING ADDRESS I THE BOARD,COUNCIL,COMMI ION,AUTHORITY OR COMMITTEE ON /1 /n o c_ r !.{ rl Ln WHICH I SERVE ISA UNIT F: CITY I J lIJJ r�C+p1UN� ❑CITY AUNTY ❑OTHER LOCALAGENCY m aa< 4/� /1/}a�r0� NAME pF PpL1TICA LIBCIV151 N: l EON T 1� f C 1 f�'�onro von DATE❑N WHICH VOTE OCCURRED MY POSITION I5: ELECTk ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission. authority, or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending i on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this Form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other kcal public office MUST ABSTAIN from voting on a measure which would inure to.his or her special private gain or loss. Each elected or appointed local officer also MUSTABSTAiN from knowingly voting on 1 a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (induding the parerT,subsidiary, or sibling organization of a principal by which he or she is retained)-to the speciai private gain or loss of a relative,or to the special private gain or less of a business associate. Commissioners of Community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative' includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A"business associate' means any person or entity engaged in or rarrysng on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are f abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by Completing and filing this Form with the person responsible for recording the minutes of the meeting,who should incorporate the Form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 111,3141 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE ❑ECISION PRIOR TO THE MEETING AT WHICH THE VOTE WELL BE TAKEN: • You must complete and file this Form (before making any attempt to influence the decision)with the person responsible For recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM 88-EFF. 1112013 PAGE 1 Adopted I}y reference;n Rule 34-7 010(1)in.F.A.C. APPOINTED OFFICERS (continued) ' A copy of the form must be provided immediately to the other members of the agency. I • The form must be read publicly at the next meeting after the form is filed- IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating- • You must complete the form and rile it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. J DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Daavi �1 t —c— ,hereby disclose that on , 20 l i (a)A measure came or will come before my agency which(check one or mare) A( 4 I inured to my special private gain or Ioss; inured to the special gain or loss of my business associate, 1 inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained; or inured to the special gain or lass of _ which Dis the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me- measurebefore my agency and the nature of my conflicting interest in the measure is as follows: I currently sit on the Board of Directors of the Guidance Care Center, Inc. I am also a member of the Board of the Historic Florida Keys Foundation, Inc. 1 SEE ATTACHED AGENDA ITEM SUMMARY C 3 —4-- { of disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, ` who is also an attorney, may comply with the dlsdOSLlre requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. � Y Date Filed 0 Signature NOTICE UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEE❑ $10,000- GE FORM 8B-EFF 11I2013 PAGE 2 Adopted by refarence in Rule 0a-7 010(1)(f.FA.C. C.3.a EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS AGREEMENT THIS AGREEMENT is made and entered into this 161" day of February, 2022, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and Guidance/Care Center, Inc., a Florida 501(c)(3) not-for-profit corporation, hereinafter referred to as "AGENCY" or "PROVIDER". WITNESSETH N CD WHEREAS, the Florida Department of Law Enforcement has awarded a sub-grant of Edward Byrne Memorial Justice Assistance to the COUNTY to implement a program that provides substance abuse treatment services to women offenders held in local correctional facilities who have at least six months and no more than twelve months of their sentence left to serve; and c WHEREAS, the COUNTY is in need of an implementing agency to provide said services under this Program; and WHEREAS, the AGENCY is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial Justice Assistance E 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, 2021, through September 30, 2022, >- the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The AGENCY will provide services, in compliance with all provisions, as outlined in the COUNTY'S Edward Byrne Memorial Justice Assistance Sub-Grant Award, attached and made ®i a part hereof (Attachment B). 3. FUNDS - The total project budget to be expended by the AGENCY in performance of the services set forth in Section 2 of this agreement shall be the total sum of TWENTY-SEVEN THOUSAND, ONE HUNDRED TWENTY-ONE AND 66/100 DOLLARS ($27,121.66). 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 Application" and all laws, rules and regulations relating thereto are incorporated by reference (Attachment B). S. IMPLEMENTING AGENCY BOUND - The AGENCY is an implementing agency under the COUNTY'S Women's Jail In-house Drug Abuse Treatment Program and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the AGENCY shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant Program. N 6. BILLING AND PAYMENT (a) The AGENCY shall comply with the program and expenditure reporting requirements for Edward Byrne Memorial Justice Assistance Sub-Grant award funds. The AGENCY shall provide all documents and information as set forth in Attachment F prior to billing and payment. The AGENCY shall render to the COUNTY a detailed quarterly performance report not later than 7 days after the end of each quarter. The quarterly performance reports must include a response to all objectives included in your project, as described in the Performance section in the grant agreement. A detailed narrative, reflecting on accomplishments, challenges, etc. is required as part of this quarterly report. The AGENCY 1 2021-3AGC-MONR-2 Packet Pg. 121 C.3.a shall render to the COUNTY, monthly itemized invoices, not later than 10 days after the end of each month, properly dated, describing the services rendered, the unit cost of the services, and all other information required including supporting documentation validating delivery of services. The original invoice shall be sent to: Grants Administrator 1100 Simonton Street, Room 2-213 _ Key West, FL 33040cN N (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of U" receipt of the correct and proper invoice submitted by the AGENCY. (c) The County shall only make payment subject to the funded amount above, for the documented services provided which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment B - Edward Byrne Memorial Justice Assistance Sub-Grant Award. Evidence of services rendered by the AGENCY shall be in the form of a letter, summarizing the units of services with supporting documentation of service delivery attached. The letter should contain a notarized certification statement. An example of a payment request cover letter is included as Attachment A. 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 CD COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. 8. ACCESS TO FINANCIAL RECORDS AND PUBLIC RECORDS - PROVIDER must comply UJ with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 Q of article I of the Constitution of Florida. The County and PROVIDER shall allow and permit reasonable ca access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and PROVIDER in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the PROVIDER. Failure of the PROVIDER to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The PROVIDER is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the PROVIDER is required to: r9 (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the PROVIDER does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the PROVIDER or keep and maintain public records that would be required by the County to perform the service. If the PROVIDER transfers all public records to the County upon completion of the contract, the PROVIDER shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the PROVIDER keeps and maintains public records upon completion of the contract, the PROVIDER shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the 2 2021-3AGC-MONR-2 Packet Pg. 122 C.3.a County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the PROVIDER of the request, and the PROVIDER must provide the records to the County or allow the records to be inspected or copied within a reasonable time. N If the PROVIDER does not comply with the County's request for records, the County shall enforce the cv public records contract provisions in accordance with the contract, notwithstanding the County's option U" and right to unilaterally cancel this contract upon violation of this provision by the PROVIDER. A CL PROVIDER who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. 0 The PROVIDER shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 30S- 292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE a, 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9. AUDIT AND RIGHT TO AUDIT - The AGENCY shall submit to the COUNTY an audit report covering the term of this Agreement, within one-hundred twenty (120) days following the Agreement's lapse or early termination and shall also comply with all provisions of the Agreement incorporated in uJ Section 4 of this Agreement. In addition, the audit shall be prepared by an independent certified public Q accountant (CPA) with a current license, in good standing with the Florida State Board of Accountancy. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; general ledger entries detailing cash and if applicable trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractor's representatives. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. The right to audit provisions survives the termination of expiration of this Agreement. CN 10. NOTICES - Whenever either party desires to give notice unto the other, it must be given by CD written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: FOR PROVIDER: Grants Administrator Maureen Dunleavy, MA, NCC LMHC 1100 Simonton Street, Room 2-213 Regional Vice-President Key West, FL 33040 Guidance/Care Center 1205 Fourth Street Key West, FL 33040 3 2021-3AGC-MONR-2 Packet Pg. 123 C.3.a Copies of all default notices, notices of breach, termination, legal claim, or indemnity copied to: WestCare Foundation, Inc. Attn: Executive Vice President 1711 Whitney Mesa Drive Henderson, Nevada 89014 Either of the parties may change, by written notice as provided above, the addresses or persons for CD receipt of notices. cv 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 0) Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, 2 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 UJ 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'S officers and employees either by operation of law or by the COUNTY. IS. INDEMNIFICATION AND HOLD HARMLESS - The AGENCY covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims and causes of action for medical malpractice, medical negligence, bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the AGENCY occasioned by the negligence, errors, or other wrongful act or omission of the AGENCY'S employees, agents, or volunteers. 16. ATTORNEY'S FEES AND COSTS. The County and AGENCY agree that in the event any cN cause of action or administrative proceeding is initiated or defended by any party relative to the CD enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- 5 prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 17. BINDING EFFECT. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and AGENCY and their respective legal representatives, successors, and assigns. 4 2021-3AGC-MONR-2 Packet Pg. 124 C.3.a 18. CODE OF ETHICS. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 19. NO SOLICITATION/PAYMENT. The County and AGENCY warrant that, in respect to itself, .� it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, U_ commission, percentage, gift, or other consideration contingent upon or resulting from the award or 0. making of this Agreement. For the breach or violation of the provision, the AGENCY agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. ca 20. COMPLIANCE WITH LAW. In providing all services pursuant to this agreement, the AGENCY shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating the provision of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the AGENCY. 21. PROFESSIONAL RESPONSIBILITY AND LICENSING. The AGENCY shall assure that all professionals have current and appropriate professional licenses and professional liability insurance coverage. Funding by the Board is contingent upon retention of appropriate local, state and/or federal uJ certification and/or licensure of the AGENCY'S program and staff. 22. NON-DISCRIMINATION. The COUNTY and AGENCY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The COUNTY and AGENCY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The cn Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on ca the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination cN in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits CD discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in 5 any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 23. COVENANT OF NO INTEREST. County and AGENCY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 24. NON-WAIVER OF IMMUNITY. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the AGENCY in this Agreement and the acquisition of any 5 2021-3AGC-MONR-2 Packet Pg. 125 C.3.a commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 2S. ATTESTATIONS. AGENCY agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. cv 26. PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability, cV exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, U" and other benefits which apply to the activity of officers, agents, or employees of any public agents or CL employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 27. NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 28. LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance UJ may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 29. NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely upon the terms of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the AGENCY agree that neither the County nor the AGENCY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 30. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES. This Agreement ca shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and AGENCY agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The County and AGENCY agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 31. NON-WAIVER. Any waiver of any breach of covenants herein contained to be kept and performed by the AGENCY shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding breach, either of the same conditions or covenants or otherwise. 32. SEVERABILITY. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of 6 2021-3AGC-MONR-2 Packet Pg. 126 C.3.a this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and AGENCY agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 33. ENTIRE AGREEMENT cv (a) It is understood and agreed that the entire Agreement of the parties is contained herein and CN 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. [THIS SPACE INTENTIONALLY LEFT BLANK WITH SIGNATORY PAGE TO FOLLOW] i c r9 cv cv CD cv U 7 2021-3AGC-MONR-2 Packet Pg. 127 C.3.a IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST, Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA C44 By. By, CL _ As Deputy Clerk Mayor/Chairman 0 ca ca Guidance/Care Center, Inc., a Florida 501(c)(3) not-for-profit corporation (Federal ID No.: 59-1458324 ) E r (DUNS No.. 085566461) Witness Ken Orl:bals z i / �- Title: CFQ Witness Executive Officer Guidance/Care Center, Inc., a Florida 501(c)(3) not-for-profit corporation ®i Resolution WCGCC 2021-02 0 ca r9 c� ca cv cv s 8 y 8 2021-JA C-MONR-2 Packet',Pg. 128 I C.3.a ATTACHMENT A ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street _ Key West, FL 33040 N CD Date U- The following is a summary of the expenses for (Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total X.XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) X.XXX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director 0 Attachments (supporting documentation) TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of r9 County of N This instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization this day of (month), (year), by (name of officer or agent, title or officer or agent) of (name of entity). `V N Personally Known Produced Identification: Type of ID and Number on ID (Seal) Signature of Notary Name of Notary (Typed, Stamped or Printed) Notary Public, State of 9 2021-3AGC-MONR-2 Packet Pg. 129 ATTAC C ;a Edward Byrne Memorial Justice Assistance Grant (JAG) Program CERTIFICATE OF SUBAWARD Subrecipient: Monroe County Board of Commissioners Subrecipient DUNS: 073876757 Date of Award: 11/1 812 02 1 Grant Period: From: 10/01/2021 TO: 09/30/2022 04 a N Project Title: WOMEN'S JAIL INCARCERATION DRUG ABUSE TREATMENT PROGRAM LL Subgrant Number: 2021-JAGC-MONR-2-3B-149 Federal Funds: $27,121.66 0 Matching Funds: $0.00 Total Project Cost: $27,121.66 r CFDA Number: 16.738 r Federal Award Number:2020-MU-BX-0006 E Federal Awarding Agency: U.S. Department of Justice(USDOJ) Pass-through Entity: Florida Department of Law Enforcement(FDLE) Research and Development: No Lu Indirect Cost: No 3- J A subaward agreement is entered into by and between the Florida Department of Law Enforcement(herein referred to as"FDLE"or"Department")and the Monroe County Board of Commissioners(herein referred to as"Subrecipient"); -I r WHEREAS,the Department has the authority pursuant to Florida law and does hereby agree to provide federal financial assistance to the Subrecipient in accordance with the terms and conditions set forth in the Subgrant agreement, and Uc WHEREAS, the Department has available funds resulting from a federal Edward R. Byrne Memorial Justice n Assistance Grant award issued under Part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended,and r WHEREAS,the Subrecipient and the Department have each affirmed they have read and understood the agreement in its entirety and the Subrecipient has provided an executed agreement to the Department. NOW THEREFORE, in consideration of the foregoing: A subaward is hereby made to the Subrecipient identified above.The subaward is for the amount and time period specified above. Q This award is a cost-reimbursement agreement. Requests for reimbursement must be submitted on either a monthly r or quarterly basis,as designated in the Financial Section of the agreement.The Subrecipient must maintain original 04 supporting documentation for all funds expended and received under this agreement in sufficient detail for proper pre 04 - and post-audit and to verify work performed was in accordance with the deliverable(s)and not eligible for payment under another state or federal funding source. Supporting documentation includes, but is not limited to:timesheets, activity reports, paystubs,third-party contracts, quotes, procurement documents, equipment inventory records, U r r Q Page 1 of 2 10 2021-JAGC-MONR-2, Packet Pg. 1;30 C.3a Edward Byrne Memorial Justice Assistance Grant (JAG) Program CERTIFICATE OF SUBAWARD (continued) purchase orders,original receipts, invoices, canceled checks or EFT records, or bank statements,as applicable. Payment shall be contingent upon the Department's grant manager receiving and accepting the invoice and requested supporting documentation. The Subrecipient must provide Performance Reports on either a monthly or quarterly basis, as designated in the Performance Section of the agreement, to the Department attesting to the progress toward deliverables and to validate the required minimum acceptable level of service performed. Performance Reports are due no later than 1504 days after the end of each reporting period. 04 3- u_ This award is subject to all applicable rules, regulations, and conditions as contained in the Office of Justice Programs LL (OJP)Financial Guide, and/or the Office of Management and Budget(OMB)Uniform Grant Requirements (2 C.F.R. Part 200), in their entirety. It is also subject to the standard and special conditions attached and such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government. o Failure to comply with provisions of this agreement, or failure to meet minimum performance specified in the agreement will result in required corrective action up to and including project costs being disallowed,withholding of federal funds and/or termination of the project, as specified within the terms of the agreement and OMB Uniform Guidance 200.338-200.342. 21 Authorize ic' Date Cody Menac as Bureau Chi Lu This award is subject to the special conditions(if any)prescribed below. Ref#S50024: WITHHOLDING OF FUNDS: Prior to the drawdown of funds for contractual services to a third-party, a ca properly executed Third-Party Subaward Compliance Checklist for Guidance/Care Center must be submitted to the Office of Criminal Justice Grants. J Q Ref#S50025: WITHHOLDING OF FUNDS: Prior to the drawdown of funds for contractual services,the Subrecipient U. must submit a properly executed OCJG Subrecipient Contractor Determination Checklist for Guidance/Care Center to s the Office of Criminal Justice Grants. r Ref#S50026: WITHHOLDING OF FUNDS: Subawards under this agreement must comply with the Office of Management and Budget(OMB), Uniform Requirements,2 C.F.R.200.332. Prior to the drawdown of funds for contractual services,the Subrecipient must submit an executed copy of the contractual agreement with Guidance/Care Center to the Office of Criminal Justice Grants. Ref#S50029: In accordance with 2 CFR 200.332 (Requirements for Pass-through Entities),the Subrecipient is required to complete a risk assessment and conduct monitoring of its third-party subaward. In order to ensure compliance with the federal parent award,the subrecipient must complete the Third-Party Subaward Risk Assessment and Monitoring Questionnaire forms and provide documentation of completion to the Office of Criminal Justice Grants prior to closeout. Ref#S50030: A risk assessment completed at the time of application review determined this project is HIGH-RISK. Backup documentation supporting all expenditures must accompany each reimbursement request submitted for approval. Documentation may include, but is not limited to: procurement records (including quotes,competitive solicitations/bids, etc.), purchase orders, packing slips, delivery/receivable documents, invoices, proof of payment, 04 timesheets, paystubs,activity logs, client activity logs, participant sign in sheets, billing documentation,travel vouchers etc. 04 r Ref#S50031: At the time of application approval,the Monroe County Board of Commissioners had not submitted a E current EEO Plan to the Office of Criminal Justice Grants. The documents must be maintained and provided to the Office of Criminal Justice Grants at monitoring. U r r Q Page 2 of 2 11 2021-JAGC-MONR-2, Packet Pg. 1;31 C.3,a Edward Byrne Memorial Justice Assistance Grant(JAG) Program ACCEPTANCE OF FEDERAL FUNDING ASSISTANCE Subrecipient;Monroe County Board of Commissioners Subgrant Number:2021-JAGC-MONR-2-3B-149 Project Title:WOMEN'S JAIL INCARCERATION DRUG ABUSE TREATMENT PROGRAM Pass-through Entity: Florida Department of Law Enforcement N N 3- u. U. This award is subject to all applicable rules,regulations,and conditions,as contained in the Department of Justice iLGrants Financial Guide,and the Office of Management and Budget Uniform Grant Requirements(2 C.F.R.Part 200). This award is also subject to the incorporated standard and special conditions,and such further rules,regulations,and policies as may be reasonably prescribed by the State or Federal Government. 0 U In witness whereof,the parties affirm they each have read and understand the conditions set forth in this agreement, U have read and understand the agreement in its entirety,and accept this agreement through the signature of their duly authorized officers on the date,month,and year set out below. r Monroe County Board of Authorizing Official(C mission Chairperson,Mayor,or Designated Representative) Signature D to uu Michelle Coldiron, Mayor Printed Name and Title >- J Q Monroe County Board of Commissioners u- Authorizing Official(Official,Administrator,or Designated Representative) U r 0 U Signature Date e- =9 Printed Name and Title , N Florida Department of Law Enforcement Office of Criminal Justice Grants Signa ure Date r N Cody Menacof, Bureau Chief Printed Name and Title E U r r Q 12 2021-JAGC-MONR-2, Packet Pg. 1;32 C.3a Edward Byrne Memorial Justice Assistance Grant(JAG) Program SPECIAL CONDITIONS Subrecipient: Monroe County Board of Commissioners Subgrant Number:2021-JAGC-MONR-2-3B-149 Project Title: WOMEN'S JAIL INCARCERATION DRUG ABUSE TREATMENT PROGRAM N Pass-through Entity:Florida Department of Law Enforcement u. U. In addition to the attached standard conditions,the above-referenced grant project is subject to the special conditions set forth below. 0 Ref#S50024: WITHHOLDING OF FUNDS: Prior to the drawdown of funds for contractual services to a third-party,a properly executed Third-Party Subaward Compliance Checklist for Guidance/Care Center must be submitted to the Office of Criminal Justice Grants. r Ref#S50025: WITHHOLDING OF FUNDS: Prior to the drawdown of funds for contractual services,the Subrecipient must submit a property executed OCJG Subrecipient Contractor Determination Checklist for Guidance/Care Center to the Office of Criminal Justice Grants. 0 E 0 Ref#S50026: WITHHOLDING OF FUNDS:Subawards under this agreement must comply with the Office of Management and Budget(OMB), Uniform Requirements,2 C.F.R.200.332.Prior to the drawdown of funds for contractual services,the Subrecipient must submit an executed copy of the contractual agreement with Guidance/Care Center to the Office of Criminal Justice Grants. Lu Ref#S50D29: In accordance with 2 CFR 200.332(Requirements for Pass-through Entities),the Subrecipient is required to complete a risk assessment and conduct monitoring of its third-party subaward. In order to ensure >- compliance with the federal parent award,the subrecipient must complete the Third-Party Subaward Risk Assessment and Monitoring Questionnaire forms and provide documentation of completion to the Office of Criminal Justice Grants J prior to closeout. Ref#S50030: A risk assessment completed at the time of application review determined this project is HIGH-RISK. u-i Backup documentation supporting all expenditures must accompany each reimbursement request submitted for U approval. Documentation may include,but is not limited to:procurement records(including p ( g quotes,competitive solicitations/bids,etc.),purchase orders,packing slips,delivery/receivable documents,invoices, proof of payment, o timesheets,paystubs,activity logs,client activity logs, participant sign in sheets,billing documentation,travel vouchers etc. Ref#S50031: At the time of application approval,the Monroe County Board of Commissioners had not submitted a current EEO Plan to the Office of Criminal Justice Grants. The documents must be maintained and provided to the Office of Criminal Justice Grants at monitoring. N U Q r N N r E U r r Q 13 2021-JAGC-MONR-2, Packet Pg. 1;33 ' Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Subgrant Recipient Organization Name: Monroe County Board of Commissioners N County: Monroe U. Chief Official U. Name: Michelle Coldiron Title: Mayor Address: 25 Ships Way City: Big Pine Key State: FL Zip: 33043-3114 Phone: 305-292-4512 Ext: r Fax: E Email: Boccdis2@monroecounty-fl.gov as Chief Financial Officer Name: Kevin Madok LU Title: Clerk of Court Address: Post Office Box 1980 >- City: Key West J State: FL Zip: 33041-1980 Phone: 305-295-3130 Ext: U. r l Fax: U 2 Email: kmadok@monroe-clerk.com o to r N to Q r N N r E U r r Q Application Ref#2021-JAGC-3953 Section#1 Page 1 of 2 Contract# 2021-JAGC-MONR-2-3B-1 49 14 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 134 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe U. Chief Official U. Name: Michelle Coldiron Title: Mayor Address: 25 Ships Way U City: Big Pine Key U State: FL Zip: 33043-3114 Phone: 305-292-4512 Ext: r Fax: Email: Boccdis2@monroecounty-fl.gov as Project Director Name: Janet Gunderson LU Title: Senior Grants and Finance Analyst Address: 1100 Simonton Street Room 2-213 J City: Key West State: FL Zip: 33040-3110 U.l Phone: 305-292-4470 Ext: U M Fax: 305-292-4515 Email: Gunderson-Janet@monroecounty-fl.gov r N to Q r N N r E U r r Q Application Ref#2021-JAGC-3953 Section#1 Page 2 of 2 Contract# 2021-JAGC-MONR-2-3B-1 49 15 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 135 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Project Information Project Title: WOMEN'S JAIL INCARCERATION DRUG ABUSE TREATMENT PROGRAM Subgrant Recipient: Monroe County Board of Commissioners U. Implementing Agency: Monroe County Board of Commissioners U. Project Start Date: 10/1/2021 End Date: 9/30/2022 Problem Identification Monroe County continues to have the unfortunate distinction of being designated as a high intensity drug trafficking area and, as such, is a leading illicit drug importation area. The availability of illicit drugs in Monroe County has resulted in drug abuse rates higher than both the state and national averages, specifically the female population. A recent Risk Factor Surveillance Survey reported the drug involvement rate doubled the state average and was four times larger than Miami-Dade County (to the north). as According to Monroe County Sheriffs Office Detention records, over 111 women were arrested between April 20, 2020, and April 20, 2021 for drug possession or intent to sale. Moreover, 93 of the arrests were felony-related drug charges. LU In an effort to combat the illicit drug use, reduce the recidivism rate, and assist women with >- substance abuse, the Women's Jail Incarceration (JIP)Treatment Program (WJIP)was created and implemented by the Guidance/Care Center and Monroe County Sheriffs Office. The program is operated within a county jail in Florida and is the only program that's available to women for the _ purpose of receiving intensive drug abuse treatment such as assessments, therapy, counseling, u.l r case management and undergo treatment, which has assisted with the low recidivism rate. U 2 r r_ The WJIP plans to work with the Criminal Justice System. Resources in place include female to inmates may be ordered to the jail-incarceration treatment program by the Drug Court, Circuit Court and County Court Judges in Monroe County. The Woman's Jail-Incarceration Program (WJIP) has established a positive reputation county-wide, working closely with judges, prosecutors, and defense attorneys throughout the county. r Currently, the budget for Monroe County does not have the additional funds to provide the necessary assessments and therapy treatment for women. Grant funding will allow the program to function and operate in an optimal manner. to Q r Project Summary (Scope of Work) Monroe County will contract with the Guidance/Care Center (G/CC)to address the substance abuse and mental health needs of female inmates that have been referred to the WJIP by the E judicial system in Monroe County. Guidance/Care Center will utilize grant funds to provide substance abuse and mental health treatment (Psychosocial Assessments, Individual Therapy, a r Group Therapy, and Case Management. WJIP treatment services will use five evidence-based practices: 1) Substance Abuse and Criminal Conduct: Strategies for Self-Change - a Cognitive Behavioral Therapy based curriculum. Throughout the treatment episode participants Application Ref#2021-JAGC-3953 Section#2 Page 1 of 5 Contract# 2021-JAGC-MONR-2-3B-1 49 16 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 136 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide use a client workbook that belongs to them. 2) Moral Reconation Therapy: a systematic treatment strategy that seeks to decrease recidivism among criminal offenders by increasing moral reasoning. 3) Seeking Safety: a trauma-informed, trauma specific, and gender-responsive treatment model that integrates treatment of PTSD and subclinical trauma into treatment of substance use disorders. These relational models support the development of healthy relationships with self, U. significant others, and the community at large to reduce the risk of relapse and recidivism. . 4)The Living in Balance treatment model: is a wrap-around approach to improving life function in the context of recovery. This model incorporates Motivational Interviewing to facilitate movement U through the stages of change and helps participants develop real life tools to cope with relapse U triggers. r 5)Anger Management: is a CBT based SAMHSA 12 session treatment model. The women who are referred to the WJIP will undergo a psychosocial assessment to develop the person's individualized plan of treatment and to monitor recovery: Q 1) Psychosocial Assessment: Monroe County through the contracted treatment provider, will interview all program participants for the purposes of data collection of educational, employment, UJI criminal medical, family, substance abuse and mental health histories to assist in the determination of the inmates' appropriateness for the program and to update treatment plans. The >- assessment provides a comprehensive picture of client needs and identifies substance misuse and mental health issues. It helps identify those female inmates that need services. It also assists in collaboratively developing a person-centered Wellness Plan that addresses the specific needs and priorities of the client. If identified as having a possible mental health issue, the client receives l a referral to the contracted Medical and Psychiatric provider in the detention center. Program staff U will monitor treatment of mental illness as a vital part of recovery from substance abuse. 0 to 2) Individual Therapy/Counseling: Monroe County through the contracted treatment provider will 0. provide counseling to all program participants to review progress and develop treatment plans and work on treatment plan goats and objectives. Individual therapy provides an arena for clients to discuss personal and traumatic issues that may be too personal to discuss in a group setting. It r also allows the treatment to be more focused on the specific needs, issues, and priorities of the client. This, coupled with the group therapy experience, increases the client's ability to cope with daily frustrations and challenges and to get closure on the past. 3) Group Therapy: Monroe County through the contracted treatment provider will provide group therapy to all program participants weekly. Group counseling will include the introduction of"Self- help groups" and their attendance to establish an ongoing support network. Group Therapy provides an arena for clients to learn and practice new skills such as decision-making, problem- solving, anger management,etc. These skills help the client learn more adaptive coping skills to handle daily frustrations, challenges and stressors. Group therapy also provides peer support. Clients see that others face similar challenges, and they are not alone. They also learn from peers' experiences. 0 r r Application Ref#2021-JAGC-3953 Section#2 Page 2 of 5 Contract# 2021-JAGC-MONR-2-3B-1 49 17 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 137 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide 4) Case Management: Monroe County through the contracted treatment provider will provide the coordination of adjunctive services, discharge planning, communication with collateral contacts, linkage with other treatment resources to all program participants. Case Management is an essential service. The assessment may identify basic needs the client must address prior to release. Case management ensures the needs are met and necessary linkages made prior to release. This reduces the stress of re-entry into the community and provides the clients the ability to focus on the recovery needs post release. U. For women who complete the full array of treatment services offered G/CC expects the following outcomes: Increased coping skills while in the detention center and post release, reduced use of substances, reduced mental health symptoms while in the detention center and post release, and reduced criminal activity and recidivism post release. U WJIP has been able to attain and maintain a very low recidivism rate, well under 10%, for women participants in the last 8 years and less than 1% in the past fiscal year. The program utilizes trauma informed care and evidenced-based practices to pay special attention to the unique needs of women with substance use disorders may of which have co-occurring mental health needs. JIP works closely with county judges, attorneys, and the administration and staff of the Monroe County Detention Center, as well as, city and county authorities. Women who complete treatment are often granted early release from incarceration to return to their families and begin rebuilding their lives and the lives of their loved ones thereby saving the county the expense of their UJI continued detainment. Skills attained within the context of treatment increases the chances of sustained recovery, healthier family and other personal relationships. �- The purpose of the program is to lay the foundation that will assist with sustaining recovery and J Q ultimately reducing the recidivism rate, which is beneficial to both the women and the community _ overall. U. r cs Monroe County has a recurring timeline set to accomplish its goals to serve women who are incarcerated through the Women's Jail Incarceration Treatment Program (WJIP). A portion of funding will be satisfied with JAG funds. Psychosocial Assessment, individual/group therapy, and case management, we strive to provide mental health and substance abuse treatments and prevent re-incarceration with ongoing treatment. The major activities associated with reaching the goals as outlined are the identification of candidates in the target population and registration of r those candidates followed by continued growth of the effectiveness of the program using effective and proven techniques. Monroe County Board of Commissioners will use grant funds to provide substance abuse and mental health treatment (Psychosocial Assessments, Individual Therapy, Group Therapy, and Case Management)for female inmates. Deliverables will be completed in accordance with the contractual agreements between the subrecipient and their local vendor/providers. N Documentation of deliverables performed by the subrecipient and their local vendor/providers must be maintained by the subrecipient and made available for U r r Q Application Ref#2021-JAGC-3953 Section#2 Page 3 of 5 Contract# 2021-JAGC-MONR-2-3B-1 49 18 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 138 ' Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide monitoring. Example documentation includes, but is not limited to: procurement records (including quotes, solicitations/bids, etc.), purchase orders, packing slips, delivery/receivable documents, invoices, proof of payment, etc. Documentation and minimum performance required for drawdown of funds includes the completion of at least one activity described in the Scope of Work above as attested on the financial expenditure/claim report. U. U. All deliverables above are cost-reimbursement deliverables. Only costs previously paid for by the . subrecipient and supported by the appropriate documentation will be reimbursed. 0 to to r r 0 E UJI 0 as Q Q J Q U. r l cs 0 r 0 to r N to Q r N N r 0 E M U 0 r r Q Application Ref#2021-JAGC-3953 Section#2 Page 4 of 5 Contract# 2021-JAGC-MONR-2-3B-1 49 19 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 139 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: What percentage of the total cost of this project is being funded by sources other than this award? Answer: 75 U. Question: What is the combined population of the jurisdiction(s)your agency provides services U. to (according to the 2010 census)? - Answer: 744344 0 Question: What is the address of the location being used to provide services for this project? to Answer: Monroe County Detention Center 5501 College Road Key West, FL 33040 Question: Does the subgrantee receive a single grant in the amount of$750,000 or more from E the U.S. Department of Justice? 2 as Answer: No Question: In your organization's preceding completed fiscal year, did your organization (the subgrantee) receive at least (a) 80 percent or (b) $25,000,000 of your annual grossUJI revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? _ Answer: Yes J Q Question: If you answered yes above, does the public have access to information about the U.l compensation of the executives in your organization (the subgrantee)through s periodic reports filed under section 13(a) or 15(d)of the Securities Exchange Act of E r 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of o 1986? If answer to Part 1, above, was "no," answer N/A. Answer: Yes r T N to Q r N N r E U r r Q Application Ref#2021-JAGC-3953 Section#2 Page 5 of 5 Contract# 2021-JAGC-MONR-2-313-149 20 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 140 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Performance Info: Performance Reporting Frequency: Quarterly N Prime Purpose Area: 07 - CorrectionsU. U. State Purpose Area: 1 G - General Questions - Objectives and Measures U Objective: General Questions- General Questions for All Recipients U Measure: General01 Will your organization be using the crimesolutions.gov website during the grant period regardless of JAG funding? Crimesolutions.gov provides information on several crime reduction and prevention programs and practices. a Goal: No Q Measure: General02 LU Will your organization be using the The National Training and Technical Assistance >- Center (NTTAC) during the grant period, regardless of JAG funding? The NTTAC serves as BJA's training and technical assistance center. You can find resources, tools, webinars, and TTA support on a variety of criminal justice issues and initiatives. - 1 r Goal: No U 2 r r_ 0 Measure: General03 c� Will your organization be using the NCJP.org website during the grant period, regardless of JAG funding? NCJP.org contains resources to support strategic planning, program development, and implementation of evidence-based policy and r practice. Goal: No Measure: General04 Will your organization be using the Evidence-Based Policing Matrix during the grant ci period regardless of JAG funding? The Evidence-Based Policing Matrix provides information on evidence-based practices for law enforcement. N Goal: No r 0 Measure: General05 U Will your organization be using the What Works in Reentry Clearinghouse during the grant period regardless of JAG funding? The clearinghouse provides research on the effectiveness of reentry programs and practices. Goal: No Measure: General06 Application Ref#2021-JAGC-3953 Section#3 Page 1 of 8 Contract# 2021-JAGC-MONR-2-3B-1 49 21 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 141 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Will your organization be using Research to Practice during the grant period regardless of JAG funding? Research to Practice promotes the dissemination of research on drug courts to practitioners and policymakers. N Goal: No U. U. Measure: General07 Will your organization be using any other resources during the grant period regardless of JAG funding? If yes, please describe them. Goal: No U to Measure: General08 During the grant period, will your agency conduct or sponsor (with or without JAG funds) a survey or focus group of citizens on any of the following topics? Enter all that apply from the following list: Public satisfaction with police services; public satisfaction with prosecution services; public satisfaction with public defender/indigent defense services; public satisfaction with courts; public perceptions of crime/disorder problems; personal crime experiences of citizens; none of the above; unsure/don't know. Goal: No J Measure: General09 During the grant period, which of the following community activities will your l organization be involved in, with or without JAG funds and how often will they each U occur (yearly, monthly, etc.)? Choose from the following list: Hosting community meetings; attending community meetings; distributing a newsletter, e-mail, or other bulletin; attending community events; conducting social media activities; conducting - outreach to minority populations; other (please describe) Goal: This will be accomplished through community contacts and meetings at planning r committees and community board meetings. N Measure: General10 Law Enforcement Agencies ONLY: In which of the following ways has your agency , fostered community involvement in the last year? Enter all that apply from the following list: Citizen Review Board or other review board with citizen representation, Citizen's Police Academy, Internships for university or high school students, r Volunteer Program, Auxiliary police officer program, Police Cadet Program, k-12 school programs, Youth Athletic Programs, Other (please Describe), None of the above, Unsure/Don't know. Goal: N/A r r Q Measure: General11 Identify the goal(s) you hope to achieve with your funding. If you have Application Ref#2021-JAGC-3953 Section#3 Page 2 of 8 Contract# 2021-JAGC-MONR-2-3B-1 49 22 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 142 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide multiple goals, describe each goal separately. Goal: (1) Serve a min. 30 women w/in the budget period w/80% successful completion rate (2) Educate clients re: substance abuse &the relationship to criminal thinking & behavior through increasing svcs to include 5 evidence-based curriculums w/group & ind. therapy (3)Assist clients in developing & practicing use of healthy coping skills U. during the 6-month treatment program (4) Maintain <10% recidivism due to U. substance use related crimes (5) Incr. aftercare follow-up for individual &group therapy 0 Measure: General12 U U Are the subrecipient and implementing agency aware that they will be required to report on the status of the identified goals during each reporting period? Goal: Yes 0 E 0 Measure: General13 0 Describe any barriers you may encounter which may prevent you from achieving your identified goal(s). Goal: Successful completion of the Jail Program includes several variables coming LU together. Clients must have a minimum 182 days incarcerated to fulfill completion requirements. Un-sentenced clients participating as a court ordered volunteer may be released before they are able to complete treatment. Volunteers are accepted as the program goal is to serve as many females as possible within program guidelines. Volunteers to the program are not consistently motivated as court ordered/mandated U. clients. l r cs 0 r r_ 0 Measure: General14 Are you aware that the Office of Criminal Justice Grants encourages recipients to report on any noteworthy accomplishments, success stories, or program results that they would like to showcase? r Goal: Yes N Measure: General 11 b What major activities are planned for each of your goals listed in question 11? to Goal: Collaborate w/State's Atty, Public Defender, attys &justice system for referrals to WJIP. Conduct presentations in dorm to capture WJIP vols.Clients receive ind. r assessment&treatment plan.Treatment 5-days/wk includes anger mgmt,AA,NA,(new)expressive arts&trauma-based CBT groups & Moral Reconation Therapy. Wkly presentations by clients to demonstrate understanding of principles learned in grps.Goal to link 100% clients w/aftercare svcs&substance abuse treatment upon discharge&MAT if needed. U r r Q State Purpose Area: 5C - Consultants/Contracts Application Ref#2021-JAGC-3953 Section#3 Page 3 of 8 Contract# 2021-JAGC-MONR-2-3B-1 49 23 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 143 ' Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Objectives and Measures Objective: Consultants/Contracts- Questions for all recipients using consultants/contracts. N Measure: Consultants U. U. Please describe what consultants/contracts will be paid for with JAG funds during the - grant period. Include names, titles and areas of expertise where applicable. 0 Goal: Monroe Co. will enter into an agreement w/the svc provider, Guidance/Care Center, U a 501 c3 not-for-profit corp. JAG funds will support a Jail Incarceration Treatment U Program for Women (WJIP) that provides substance abuse treatment services, to female inmates in the Monroe Co. Detention Ctr. The (JIP) program met the highest CARF standards & recognition for relationships between correctional staff& treatment/clinical staff. The program was reviewed & received a 3-year accreditation 0 E in June 2019 as LU Q Q State Purpose Area: R25 - Questions for recipients of an award $25,000 or more. Objectives and Measures J Objective: C General - Corrections questions for recipients of an award $25,000 or more. r l cs Measure: C01 E r How would you describe your facility? Choose all that apply from the following list: o Adult jail, Adult prison, Juvenile detention center, Other (please describe). Goal: Adult Jail r Measure: CO2 Regardless of JAG funding, who does your facility house? Choose all that apply from the following list: Adult males, Adult females, Juvenile males, Juvenile females, Other (please describe). Goal: Adult Males and Adult Females Q Measure: CO3 How many supervision employees does your office/facility currently have on staff? Please count both full- and part-time employees. Goal: 2 E U 0 Measure: C04 Of the supervision employees your office/facility currently has on staff, how many are JAG funded? Goal: 0 Application Ref#2021-JAGC-3953 Section#3 Page 4 of 8 Contract# 2021-JAGC-MONR-2-3B-1 49 24 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 144 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Measure: C05 How many nonsupervision employees does your office/facility currently have on staff? Please count both full- and part-time employees. Goal: 4 N U. Measure: C06 U. Of the nonsupervision employees your office/facility currently has on staff, how many are JAG funded? Goal: 3 U to Measure: C07 r What is the operational (or rated) capacity of your correctional facility/facilities? If the r award benefits more than one facility, please report the combined capacity. E 0) Goal: 596 2 as Q Measure: C08 How many people are housed at your facility, regardless of JAG funding? If the UJI award benefits more than one facility, please report the combined inmate/resident population. Goal: 561 J Q Measure: C09 U. r l Will you use JAG funds to support Prison Rape Elimination Act compliance? r Goal: Yes to Measure: C10 Which of the following assessments or screenings does your agency typically conduct? Choose all that apply from the following: Risk/needs assessment, Mental r health screening, Substance Abuse screening, Trauma screening, Physical health assessment, Intellectual disabilities assessment, None of the above, Other (please describe). Goal: Risk/needs assessment, mental health screening, substance abuse screening and trauma screening Measure: C11 7 r When are candidates typically assessed/screened for the above? Choose from the following: Upon arrest/preadjudication, Within the first 6 weeks of sentencing, Within the first 6 months of sentence/time served, Post release, None of the above, Other (please describe). Goal: Within the first six (6)weeks of sentencing; with the first six (6) months of sentence/time served. Objective: C Program - Project specific corrections questions for recipients of an award $25,000 or more. Application Ref#2021-JAGC-3953 Section#3 Page 5 of 8 Contract# 2021-JAGC-MONR-2-3B-1 49 25 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 145 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Measure: C12 During the grant period, will you have a specific corrections program which will be partially or fully funded by JAG? If yes, what is the name of this program? (Programs are considered continuous initiatives, processes, or other focused efforts defined by goals. If you will operate more than one program, answer for each separately. U. Goal: 1 0 Measure: C13 U U If you will operate a corrections program with JAG funds during the grant period, what is the name of the facility/facilities where the program is operating? If this is a state-wide initiative, please enter"state wide". If you will operate more than one r program, answer for each separately. Goal: N/A E 0 0 as Measure: C14 If you will operate a corrections program with JAG funds during the grant period, what percentage of the program's total costs will be paid for with sources other than this JAG award? If you will operate more than one program, answer for each separately. Goal: 75% J Q Measure: C15 U. r l If you will operate a corrections program with JAG funds during the grant period, 2 what is the initiation year of that program, regardless of when it received JAG o funding? If you will operate more than one program, answer for each separately. U Goal: 1997 r Measure: C16 T Describe the population that your JAG funded corrections program serves (e.g., violent offenders, sex offenders, drug offenders). If you will operate more than one program, answer for each separately. Goal: Women in need of substance abuse treatment Q Measure: C17 7 r Are you or a partner planning or conducting an evaluation of your corrections program? If you will operate more than one program, answer for each separately. 0 Goal: Yes U 0 r r Measure: C18 If you or a partner are planning or conducting an evaluation of your corrections program, describe the current status of the evaluation, its Application Ref#2021-JAGC-3953 Section#3 Page 6 of 8 Contract# 2021-JAGC-MONR-2-3B-1 49 26 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 146 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide purpose, who is conducting the evaluation and the evaluation results if applicable. If you will operate more than one program being evaluated, answer for each separately. Goal: The service provider has a performance improvement plan that evaluates programming and outcomes. Evaluation data is compiled through WestCare and includes fidelity on evidence-based programs, outcome measures for Seeking Safety U. U. & satisfaction surveys Measure: C19 0 What is the capacity of your program? This is the maximum number of participants your program can accommodate an any given time. If you will operate more than one program, answer for each separately. r Goal: 35 r Measure: C20 E What is the policy/practice on how people get off the waiting list and enter your program? If you will operate more than one program, answer for each separately. Goal: There is no wait list for this program. Intake flow occurs through court orders. UJI Measure: C21 J What corrections and/or reentry services will you provide during the grant period? If you will operate more than one program, answer for each separately. Choose all that U.l apply from the following list: Cognitive based, Educational, Employment, Healthcare/Medicaid eligibility, Housing, Mental Health, Pro-social, Substance abuse, E r Transportation, Vocational, Individualized case planning, Family engagement, Other o (please describe). Goal: Cognitive based, educational healthcare/Medicaid eligibility, housing mental health, pro-social, substance abuse, individualized case planning, trauma specific services. r Measure: C22 How many JAG-funded staff members are involved in the program? If you will operate more than one program, answer for each separately. Goal: Three (3) direct staff totaling .8241 FTEs. Q Measure: C23 N How many non JAG-funded staff members are involved in the program? If you will operate more than one program, answer for each separately. Goal: Two (2) direct staff totaling .3 FTEs and three (3) non-direct staff totaling .052 FTEs. E U r r Measure: C24 Regardless of JAG funding, how many total participants are currently enrolled in your corrections program? If you operated more than one Application Ref#2021-JAGC-3953 Section#3 Page 7 of 8 Contract# 2021-JAGC-MONR-2-3B-1 49 27 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 147 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide program, answer for each separately. Goal: 11 Measure: C25 N Regardless of JAG funding, approximately how many candidates will be screened for U. U. eligibility for your corrections program during the grant period? Candidates are those identified at the time of arrest or referred by criminal justice professionals but who may not necessarily be deemed eligible for participation. If you will operate more than one program, answer for each separately. to to Goal: Candidates are not screened by program staff. Minimum requirements of incarceration for six (6) months and women in need of substance abuse treatment. Attorneys work with their clients to determine if they would like to participate then r work with the State's Attorney for plea and court order. E as Measure: C26 Regardless of JAG funding, approximately how many new participants will receive services for the first time during the grant period? If you will operate more than one program, answer for each separately. Goal: 30 J Measure: C27 Regardless of JAG funding, approximately how many participants will successfully U. l complete all corrections program requirements during the grant period? If you will U operate more than one program, answer for each separately. 0 U Goal: 28 0- Measure: C28 r Regardless of JAG funding, approximately how many participants will not complete the corrections program (unsuccessfully exited)for any reason during the grant period? If you will operate more than one program, answer for each separately. Goal: 2 to Q Measure: C29 7 r Are you aware that you will be required to complete the corrections questionnaire and submit it to your grant manager alongside each performance report. 0 Goal: Yes E U 0 r r Q Application Ref#2021-JAGC-3953 Section#3 Page 8 of 8 Contract# 2021-JAGC-MONR-2-3B-1 49 28 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 148 ' Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info: Note: All financial remittances will be sent O the Chief Financial Officer N of the Subgrantee Organization. U. U. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR/Vendor Number: 596000749 to to Budget: r Budget Category Prime Match Total E Salaries and Benefits $0.00 $0.00 $0.00 2 as Q Contractual Services $27,121.66 $0.00 $27,121.66 LU Expenses $0.00 $0.00 $0.00 J Operating Capital $0.00 $0.00 $0.00 Outlay U.l r cs Indirect Costs $0.00 $0.00 $0.00 r_ 0 to --Totals -- $27,121.66 $0.00 $27,121.66 - Percentage 100.0 0.0 100.0 T Project Generated Income: Will the project earn project generated income (PGI)? No to Q r N N r 0 E U 0 r r Q Application Ref#2021-JAGC-3953 Section#4 Page 1 of 6 Contract# 2021-JAGC-MONR-2-313-149 29 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 149 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: The unit cost rates were derived by using the requested hourly rates from the FY 2021-2022 state funding contract for Substance Abuse and Mental Health services and dividing by four (4)to arrive at the quarter hour rates. A contract with the treatment provider will be developed to be utilized during the established grant period. U. U. Contractual Services = $27,121.66 1) Psychosocial Assessments 37 quarter hrs. @ $19.27 = $712.99 2) Individual Therapy 167 quarter hours @ $25.00 = $4,175.00 3) Group Therapy 1,828 quarter hours @ $6.25 = $11,425.00 U 4) Case Management 476 quarter hours @ $22.71 = $10,809.96 r 1) Psychosocial Assessment: Monroe County through a contracted service/treatment provider will interview all program participants for the purposes of data collection of educational, employment, E criminal, medical, family, substance abuse and mental health histories to assist in the 2 determination of the inmates' appropriateness for the program and to update treatment plans. Unit of Service: Client direct service quarter hour (.25) Unit Rate: $19.27 Units Requested: 37 quarter hours LU Total Cost: $712.99 2) Individual Therapy/Counseling: Monroe County through its contracted service/treatment J provider will provide one-on-one counseling to all program participants to review progress and develop U.l treatment plans and work on treatment plan goals and objectives. Unit of Service: Client direct service quarter hour (.25) E r Unit Rate: $25.00 0 Units Requested: 167 quarter hours Total Cost: $4,175.00 r 3) Group Therapy: Monroe County through its contracted service/treatment provider will provide group therapy to all program participants weekly. Group counseling among program participants will be conducted to include the introduction of"Self-help groups" and their attendance to establish 0'� an ongoing support network. Unit of Service: Client direct service quarter hour (.25) , Unit Rate: $6.25 Units Requested: 1,828 quarter hours Total Cost: $11,425.00 r N N r 4) Case Management: Monroe County through its contracted service/treatment provider will provide the coordination of adjunctive services, discharge and aftercare planning, communication with collateral contacts, linkage with other treatment resources to all program participants. Unit of Service: Client direct service quarter hour (.25) Unit Rate: $22.71 Units Requested: 476 quarter hours Application Ref#2021-JAGC-3953 Section#4 Page 2 of 6 Contract# 2021-JAGC-MONR-2-3B-1 49 30 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 150 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative (Continued): Total Cost: $10,809.96 Basis for Unit Cost: Each service is based on the cost centers cited in 65E-14.021 (Unit Cost Method of Payment). Florida Administrative Code (F.A.C.). Financial Rule 65E-14.021, Schedule of Covered Services was updated 04/27/2016. U. U. 1) Psychosocial Assessment Description - Includes the systematic collection and integrated review of individual-specific data, such as examinations and evaluations. This data is gathered, analyzed, o monitored and documented to develop the person's individualized plan of treatment and to monitor recovery. Assessment specifically includes efforts to identify the person's key medical and psychological needs, competency to consent to treatment, history of mental illness or substance r use and indicators of co-occurring conditions, as well as clinically significant neurological deficits, traumatic brain injury, organicity, physical disability, developmental disability, need for assistive devices, and physical or sexual abuse or trauma. Unit of Measure: Direct Staff Hour Treatment Provider Contract: $77.09 Subgrant Application: $19.27 per quarter (.25) hour Q 2) Individual Therapy/Counseling Outpatient services provide a therapeutic environment, which is LU designed to improve the functioning or prevent further deterioration of persons with mental health and/or substance abuse problems. These services are usually provided on a regularly scheduled basis by appointment, with arrangements made for non-scheduled visits during times of increased stress or crisis. Outpatient services may be provided to an individual or in a group setting. The group size limitations applicable to the Medicaid program shall apply to all Outpatient servicesU. provided by a SAMH-Funded Entity. This covered service shall include clinical supervision s provided to a service provider's personnel by a professional qualified by degree, licensure, 2 r certification, or specialized training in the implementation of this service. o Unit of Measure: Direct Staff Hour Treatment Provider Contract: $100.00 Subgrant Application: $25.00 per quarter (.25) hour. 3) Group Therapy:Outpatient services provide a therapeutic environment, which is designed to improve the functioning or prevent further deterioration of persons with mental health and/or substance abuse problems. These services are usually provided on a regularly scheduled "? basis by appointment, with arrangements made for non-scheduled visits during times of increased stress or crisis. Outpatient services may be provided to an individual or in a group setting. The group size limitations applicable to the Medicaid program shall apply to all Outpatient services provided by a SAMH-Funded Entity. This covered service shall include clinical supervision c� provided to a service provider's personnel by a professional qualified by degree, licensure, certification, or specialized training in the implementation of this service. Unit of Measure: Direct Staff Hour Treatment Provider Contract: $25.00 Subgrant Application: $6.25 per quarter (.25) hour r 4) Case Management- Services consist of activities that identify the recipient's needs, plan E services, link the service system with the person, coordinate the various system components, U monitor service delivery, and evaluate the effect of the services Application Ref#2021-JAGC-3953 Section#4 Page 3 of 6 Contract# 2021-JAGC-MONR-2-3B-1 49 31 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 151 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative (Continued): received. This covered service shall include clinical supervision provided to a service provider's personnel by a professional qualified by degree, licensure, certification, or specialized training in the implementation of this service. Unit of Measure: Direct Staff Hour Treatment Provider Contract: $90.84 Subgrant Application: $22.71 per quarter (.25) hour U. Note: Rate ($90.84) for Case Management services is determined by the Managing Entity (South U. Florida Behavioral Health Network)who is funded by the Department of Children and Families (DCF). The rate is defined in a contractual agreement (ME225-12-27, Exhibit G) between South Florida Behavioral Health Network, Inc. d/b/a Thriving Mind South Florida and Guidance/Care o Center. The effective date of the contract is July 1, 2021, thru June 30,2022. Copy of the executed contract is available upon request. r Total Program Cost: $27,122.95 E Grant funds will NOT be used to pay for extended warranties, service agreements, contracts, etc., covering any periods that extend beyond the project end date. Funds may be prorated for services within the project period. Q Any costs that exceed the grant allocation will be the responsibility of the subrecipient and/or LU implementing agency. All items, quantities, and/or prices above are estimates based on the information available at the time of application. U. r l 2 r r_ 0 t� r N t� r N a N r 0 E 0 0 r r Application Ref#2021-JAGC-3953 Section#4 Page 4 of 6 Contract# 2021-JAGC-MONR-2-3B-1 49 32 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 152 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: If Expenses or Operating Capital Outlay and you are procuring via inter-governmental agreement (e.g. state term contract, government contract, etc.)? If yes, identify the agency and agreement number. Answer: N/A U. U. Question: If indirect cost is included, explain the indirect cost plan. Provide documentation of - approval. Answer: N/A to Question: If contractual services in the budget are based on unit costs, provide a definition and breakdown of cost for each service. Include the methodology for the unit cost plan and when it was approved. Answer: Basis for Unit Cost: Each contractual service is based on the cost centers cited in the Florida Department of State Administrative Code (FAC); Depart. of Children and E Families; Division of Mental Health, Chapter: Community Substance Abuse and Mental Health Services; Financial Rule No. 65E-14.021 (Unit Cost Method of Payment). Financial Rule 65E-14.021, Schedule of Covered Services was updated on 4/27/2016. https://www.firuies.org/gateway/RuieNo.asp?title=COMMUNITY%20SUBSTANCE%2 UJI OABUSE%20AND%20MENTAL%20HEALTH%20SERVICES%20- %20FINANCIAL%20RULES&ID=65E-14.021 The budget reflects costs directly associated with the provision of substance abuse treatment, mental health and educational services to female inmates of Monroe U. County jail. The unit cost rates were derived by using the hourly rates from the FY l 2017-18 state funding contract for Substance Abuse and Mental Health (SAMH) 2 services and dividing by four(4) to arrive at the quarter hour rates. A contract with the o treatment provider will be developed to be utilized during the established grant period. t� *Psychosocial Assessments 37 quarter hrs. @ $19.27 = $712.99 Definition of Psychosocial Assessment: An interview will be conducted all program participants for the purposes of data collection for educational, employment, criminal, medical, family, substance abuse and mental health histories to assist in determination of the inmates' appropriateness for the program and to update treatment plans. to *Individual Therapy 167 quarter hours @ $25.00 = $4,175.00 Definition of Individual Counseling: The provision of one-on-one counseling for all 7 r program participants to review progress and develop treatment plans and work on treatment plan goals and objectives. r *Group Therapy 1,828 quarter hours @ $6.25 = $11,425.00 E Definition of Group Therapy: Provision of group counseling for all program U r r Q Application Ref#2021-JAGC-3953 Section#4 Page 5 of 6 Contract# 2021-JAGC-MONR-2-313-149 33 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 153 Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide participants to include the introduction of"Self-help groups" and their attendance to establish an ongoing support network. *Case Management 476 quarter hours @ $22.71 = $10,809.96 Definition of Case Management: The coordination of adjunctive services, discharge and aftercare planning, communication with collateral contacts, linkage with other treatment resources. U. U. Total Contractual Services = $27,122.95 - Question: If the budget contains salaries and benefits, does this application create a new position that results in a net personnel increase? Answer: N/A to Question: What is the Operating Capital Outlay threshold used by the subgrantee? If the implementing agency is a sheriff's office, indicate the sheriff's office's threshold instead. Answer: 0 E Question: If the budget contains salaries and benefits and does not result in a new position, describe how the existing position was previously funded. Answer: N/A UJI Question: Will any procurements be made via sole source (see 2 C.F.R. 200.320(f))? If yes and the aggregate dollar amount is $10,000 or more, include a Sole Source Justification Form. J Answer: No U. r l cs 2 r r_ 0 to r T N to Q r N N r 0 E U 0 r r Q Application Ref#2021-JAGC-3953 Section#4 Page 6 of 6 Contract# 2021-JAGC-MONR-2-313-149 34 2021-JAGC-MONR-2, Rule Reference 11D-9.006 OCJG-005(rev.October 2005) Packet Pg. 154 C.3.a OFFICE OF CRIMINAL JUSTICE GRANTS SUBAWARD STANDARD CONDITIONS The Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants (OCJG) serves as the State Administering Agency (SAA)for various federal grant programs awarded through the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP). FDLE has been assigned as the certified Fiscal Agent for the 2020 Project Safe Neighborhoods grants by the U.S. Attorney. OCJG awards funds to eligible applicants, and requires compliance with the C44 agreement and Standard Conditions upon signed acceptance of the subaward. The Department will only reimburse subrecipients for authorized activities. The Department will not reimburse for costs incurred for any purpose other than those specified in the agreement. Failure to comply with provisions of this agreement, or failure to perform grant activities as specified in the agreement,will result in required corrective action up to and including financial consequences. A financial consequence may be imposed for non-compliance in accordance with 2 C.F.R. §200 and these Standard Conditions, including but not limited to project costs being disallowed, withholding of federal funds and/or termination of the project. For NCHIP and NARIP Subawards Comprehensive Evaluation-In order to ensure that the National Criminal History Improvement Program(NCHIP)and the NICS Act Record Improvement Program (NARIP) are realizing the objectives in the most productive manner, the subrecipient agrees to participate in a comprehensive evaluation effort. It is anticipated that the evaluation will take place during the course of the program and will likely involve each participating agency. It is expected that the evaluation will have a minimal impact on an agency's program personnel and resources. GENERAL REQUIREMENTS All subrecipients must comply with the financial and administrative requirements set forth in the following: Current edition of the U.S. Department of Justice (DOJ)Grants Financial Guide https.//ofp.gov/financialguide/doi/pdfs/DOJ FinancialGuide.pdf �- Office of Management and Budget(OMB)Uniform Grant Guidance (2 CFR Part 200) Subpart A, Definitions Subparts B-D,Administrative Requirements Subpart E, Cost Principles Subpart F,Audit Requirements and all applicable Appendices Code of Federal Regulations:www.gpo.gov/fdsys/ 2 C.F.R. §175.15(b),Award Term for Trafficking in Persons 28 C.F.R. §38, Equal Treatment for Faith-Based Organizations CL 28 C.F.R. § 66, U.S. Department of Justice Common Rule for State and Local Governments 28 C.F.R. § 83, Government-Wide Requirements for Drug-Free Workplace 28 C.F.R. §§ 18, 22, 23, 30, 35, 42, 61, and 63 r U.S. Code: Title 34, U.S. Code, Crime Control and Law Enforcement Title 41, U.S. Code§4712, Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information Title 34, U.S. Code, § 10101 et seq., "Omnibus Crime Control and Safe Streets Act of 1968" State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: U https://fldoswebumbracoprod.blob.core.windows.net/media/703328/gs1-s1-2020.pdf and http://dos.myflorida.com/media/698314/gs2-s1-2017-final.pdf State of Florida Statutes CD Section 112.061, F.S., Per diem/travel expenses of public officers, employees, authorized persons cv Chapter 119, F.S., Public Records Section 215.34(2), F.S., State funds; non-collectible items; procedure Section 215.97, F.S. Florida Single Audit Act Section 215.971, F.S.,Agreements funded with federal or state assistance Section 215.985, F.S., Transparency in government spending Section 216.181(6), F.S.,Approved budgets for operations and fixed capital outlay 35 2021-3AGC-MONR-2 Packet Pg. 155 C.3.a For NCHIP and NARIP: FY2020 National Criminal History Improvement Program(NCHIP)guidance (https://www.bis.gov/index.cfm?ty=tp&tid=47)(https://www.bis.ciov/content/iDub/r)df/nchiiD20—sol.pdf) N FY2020 NICS Act Record Improvement Program(NARIP)guidance CD (https://www.bis.gov/content/pub/pdf/narip20 sol.pdf) >' DEFINITIONS Disallowed costs means those charges to a Federal award that the Federal awarding agency or pass-through entity determines to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. Equipment means tangible personal property(including information technology systems)having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000. See also §§200.12 Capital assets, 200.20 Computing devices, 200.48 General purpose equipment, 200.58 Information technology systems, 200.89 Special purpose equipment, and 200.94 Supplies. W 2 Fiscal Agent refers to the agency responsible for the administration of the PSN grant programs. FDLE has been assigned CD C as the certified Fiscal Agent for PSN grants. Grant agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non-Federal entity that, consistent with 31 U.S.C. 6302, 6304, is used to enter into a relationship the principal purpose of which is to transfer anything of value from the Federal awarding agency or pass-through entity to the non-Federal entity to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3)); and not to acquire >- property or services for the Federal awarding agency or pass-through entity's direct benefit or use;and is distinguished from a cooperative agreement in that it does not provide for substantial involvement between the Federal awarding agency or pass-through entity and the non-Federal entity in carrying out the activity contemplated by the Federal award. Improper payment means any payment that should not have been made or that was made in an incorrect amount(including ¢I overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements. Improper payment also includes any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. Micro-purchase means a purchase of supplies or services using simplified acquisition procedures, the aggregate amount of which does not exceed the micro-purchase threshold. The non-Federal entity uses such procedures in order to expedite the completion of its lowest-dollar small purchase transactions and minimize the associated administrative burden and cost. ' The micro-purchase threshold is set by the Federal Acquisition Regulation r? in 48 CFR Subpart 2.1 (Definitions). It is $10,000 except as otherwise discussed in Subpart 2.1 of that regulation, but this threshold is periodically adjusted for inflation. Modified Total Direct Cost(MTDC)means all direct salaries and wages,applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards CJ under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs,tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of$25,000. Other items may only be excluded when necessary to avoid a serious inequity in the distribution of indirect costs, and with the approval of the cognizant agency for indirect costs. CD Non-Federal entity is a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. m Non-federal pass-through entity is a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program; the Florida Department of Law Enforcement (FDLE) is the non-federal pass-through entity for this agreement, also referred to as the State Administering Agency(SAA). 36 2021-3AGC-MONR-2 Packet Pg. 156 C.3.a Performance goal means a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared, including a goal expressed as a quantitative standard, value, or rate. In some instances (e.g., discretionary research awards), this may be limited to the requirement to submit technical performance reports(to be evaluated in accordance with agency policy). Period of performance means the time during which the non-Federal entity may incur new obligations to carry out the work authorized under the Federal award. The Federal awarding agency or pass-through entity must include start and end dates CD of the period of performance in the Federal award (see §§200.211 Information contained in a Federal award paragraph >' (b)(5)and 200.332 Requirements for pass-through entities, paragraph (a)(1)(iv)). CL Protected Personally Identifiable Information (PII) means an individual's first name or first initial and last name in combination with any one or more of types of information, including, but not limited to social security numbers; passport numbers; credit card numbers; clearances; bank numbers; biometrics; date and place of birth; mother's maiden name; criminal, medical, and financial records; and educational transcripts. This does not include PI that is required by law to be disclosed. (See also§200.79 Personally Identifiable Information (PII)). Questioned cost means a cost that is questioned by the auditor because of an audit finding 1)that resulted from a violation or possible violation of a statute, regulation, or the terms and conditions of a Federal award, including for funds used to match Federal funds;2)where the costs,at the time of the audit,are not supported by adequate documentation;or 3)where the costs incurred appear unreasonable and do not reflect the actions a prudent person would take in the circumstances. m W Simplified acquisition threshold means the dollar amount below which a non-Federal entity may purchase property or services using small purchase methods. Non-Federal entities adopt small purchase procedures in order to expedite the CD purchase of items costing less than the simplified acquisition threshold. The simplified acquisition threshold is set by the Federal Acquisition Regulation at 48 C.F.R. Subpart 2.1 (Definitions) and in accordance with 41 U.S.C. § 1908. As of the publication of this part,the simplified acquisition threshold is$250,000,but this threshold is periodically adjusted for inflation. (Also see definition of Micro-purchase, 2 C.F.R.§200.67) Subaward is an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to a contractor or payments to an individual who is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract. Subrecipient means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program; but does not include an individual that is a beneficiary of such program.A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 0 Supplies means all tangible personal property other than those described in 200.33Equipment. A com utin device is a pp 9� p p p Y § computing supply if the acquisition cost is less than the lesser of the capitalization level established by the non-Federal entity for CL financial statement purposes or$5,000, regardless of the length of its useful life. See also §§200.20 Computing devices and 200.33 Equipment. For PSN: Task Forces are established by each USAO to collaborate with a PSN team of federal, state, local, and tribal (where applicable) law enforcement and other community members to implement a strategic plan for investigating, prosecuting, and preventing violent crime. SECTION I: TERMS AND CONDITIONS 1.0 Payment Contingent on Appropriation and Available Funds - The State of Florida's obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to reimburse subrecipients for incurred costs is subject to available federal funds. cv 2.0 Commencement of Project-If a project is not operational within 60 days of the original start date of the award period, N the subrecipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. If a project is not operational within 90 days of the original start date of the award period,the subrecipient must submit a second statement to the Department explaining the implementation delay. Upon receipt of the ninety(90)day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subaward funds to other Department approved projects. The Department,where warranted by extenuating circumstances, may extend the starting date of the project 37 2021-3AGC-MONR-2 Packet Pg. 157 C.3.a past the ninety(90)day period, but only by formal written adjustment to this agreement. 3.0 Supplanting -The subrecipient agrees that funds received under this award will not be used to supplant state or local funds, but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. CD 4.0 Personnel Changes -The subrecipient agrees to promptly notify the Department through the SIMON Help Desk of CD any change in chief officials or key project staff, including changes to contact information or title changes. The >- subrecipient acknowledges that some changes in points of contact will require formal grant adjustment to reflect the change in the agreement. CL 5.0 Non-Procurement, Debarment and Suspension -The subrecipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 C.F.R. § 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Non-procurement)". These procedures require the subrecipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred,suspended,declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. If the subaward is$100,000 or more, the sub recipient and implementing agency certify that they and their principals: 1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; W 2 2) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local)with commission of any of the offenses enumerated in paragraph (a)(ii)of the "Lobbying, Debarment and Drug Free Workplace" certification; and 4) Have not within a three-year period preceding this application had one or more public transactions(federal, state, or local)terminated for cause or default. 6.0 Federal Restrictions on Lobbying - In general, as a matter of federal law, federal funds may not be used by any subrecipient at any tier,either directly or indirectly,to support or oppose the enactment,repeal, modification,or adoption of any law, regulation,or policy, at any level of government. See 18 U.S.C. § 1913. CL Another federal law generally prohibits federal funds from being used by any subrecipient at any tier,to pay any person to influence (or attempt to influence)a federal agency, a Member of Congress, or Congress(or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. § 1352. 7.0 State Restrictions on Lobbying - In addition to the provisions contained above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this agreement. 8.0 Additional Restrictions on Lobbying-The subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government,without the express prior written approval of the Office of Justice Programs. N 9.0 "Pay—to—Stay" - Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. CD Furthermore, no funds may be given to local jails that operate"pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon an offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 38 2021-3AGC-MONR-2 Packet Pg. 158 C.3.a 10.OThe Coastal Barrier Resources Act-The subrecipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act(P.L. No. 97-348)dated October 18, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new federal funds within the units of the Coastal Barrier Resources System. 11.0113ackground Check-Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of§435, F.S. shall apply. CD cv All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security u_ background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, CL fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. CJ Such background investigations shall be conducted at the expense of the employing agency or employee. 12.0Confidentiality of Data-The subrecipient (at any tier)must comply with all confidentiality requirements of 34 U.S.C. § 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The subrecipient further agrees, as a condition of award approval, to submit a Privacy Certificate in accordance with the requirements of 28 C.F.R. Part 22 and, in particular,28 C.F.R.22.23. Privacy Certification forms must be signed by the subrecipient or implementing agency chief official or an individual with formal, written signature authority for the chief official. CD 13.0Conferences and Inspection of Work-Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right of visiting the project site to monitor, inspect and assess work performed under this agreement. 14.01nsurance for Real Property and Equipment-The subrecipient must,at a minimum, provide the equivalent insurance >' coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by �-- the non-Federal entity. 15.0FIood Disaster Protection Act-The sub 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. CJ 16.OGeneral Appropriations Restrictions —The subrecipient must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes as set forth in the Consolidated Appropriations Act, 2018. 17.01mmigration and Nationality Act - No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324(a), Section 274(A)of the Immigration and Nationality Act("INA"). The Department shall consider the r� employment by any contractor of unauthorized aliens a violation of Section 274(A)of the INA. Such violation by the subrecipient of the employment provisions contained in Section 274(A) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 18.OFor NCHIP&NARIP: Enhancement of Security- If funds are used for enhancing security, the subrecipient must: 1) 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. 2) Conduct such an assessment with respect to each such enhancement; and submit to the Department the cv aforementioned assessment in its Final Program Report. 19.0 Personally Identifiable Information Breaches—The subrecipient(at any tier)must have written procedures in place to respond in the event of actual or imminent "breach" (OMB M-17-12) if it: 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of"personally identifiable information (PII)" within the scope of an OJP grant-funded program or activity, or 2) uses or operates a "federal information system" (OMB Circular A- 130). The subrecipient's breach procedures must include a requirement to report actual or imminent breach of PII to 39 2021-3AGC-MONR-2 Packet Pg. 159 C.3.a FDLE's Office of Criminal Justice Grants for subsequent reporting to the OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. SECTION II: CIVIL RIGHTS REQUIREMENTS 1.0 Participant Notification of Non-discrimination FDLE does not discriminate on the basis of race, color, religion, national origin,sex, disability or age in the delivery of services, benefits or in employment. 2.0 Title VI of the Civil Rights Act of 1964-The subrecipient at any tier, must comply with all applicable requirements of 28 CFR § 42, specifically including any applicable requirements in Subpart E that relate to an equal employment opportunity program. Equal Employment Opportunity Certification (EEOC)-A subrecipient and/or implementing agency must submit an EEO Certification annually within 120 days of award. CJ Equal Employment Opportunity Program(EEOP)-A subrecipient and/or implementing agency must comply with all applicable requirements in 28 C.F.R. §42, Subpart E. Subrecipients are advised to use the Office for Civil Rights EEO Reporting Tool to satisfy this condition (https://oiiD.ciov/about/ocr/eeop.htm). W 3.0 Title IX of the Education Amendments of 1972 If the subrecipient operates an education program or activity, the CD subrecipient must comply with all applicable requirements of 28 C.F.R. § 54, "Nondiscrimination on the basis of sex in education programs or activities receiving federal financial assistance." 4.0 Equal Treatment for Faith Based Organizations The subrecipient at any tier, must comply with all applicable requirements of 28 C.F.R. §38, "Equal Treatment for Faith Based Organizations", specifically including the provision for written notice to current or prospective program beneficiaries. 5.0 Americans with Disabilities Act-Subrecipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination on the basis of disability including provision to provide reasonable accommodations. I 6.0 Section 504 of the Rehabilitation Act of 1973 (28 C.F.R. § 42, Subpart G) - Subrecipients must comply with all provisions prohibiting discrimination on the basis of disability in both employment and the delivery of services. 7.0 Age Discrimination Act of 1975-Subrecipients must comply with all requirements in Subpart I of 28 C.F.R. §42 which prohibits discrimination based on age in federally assisted programs. CL 8.0 Limited English Proficiency(LEP)- In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d, subrecipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP.FDLE strongly advises subrecipients to have a written LEP Language Access Plan. For more information visit www.lep.gov. r� cv 9.0 Finding of Discrimination-In the event a federal or state court or federal or state administrative agency makes, after a due process hearing,a finding of discrimination on the grounds of race,color, religion, national origin,sex,or disability against a subrecipient of funds, the subrecipient will forward a copy of the finding to FDLE and to the Office for Civil Rights, Office of Justice Programs. 10.OFiling a Complaint- If the subrecipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subrecipient,with FDLE, or with the Office for Civil Rights. cv CD Discrimination complaints may be submitted to FDLE at Office of the Inspector General, Post Office Box 1489, Tallahassee, Florida 32302-1489, or online at infop_fdle.state.fl.us. Any discrimination complaints filed with FDLE will be reviewed by FDLE's Inspector General and referred to the Office for Civil Rights,the Florida Commission on Human Relations,or the Equal Employment Opportunity Commission, based on the nature of the complaint. Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7th Street, Northwest,Washington, D.C.20531,or by phone at(202)307-0690. 11.ORetaliation-In accordance with federal civil rights laws,the subrecipient shall not retaliate against individuals fortaking action or participating in action to secure rights protected by these laws. 40 2021-3AGC-MONR-2 Packet Pg. 160 C.3.a 12.0Non-discrimination Contract Requirements -Subrecipients must include comprehensive Civil Rights nondiscrimination provisions in all contracts funded by the subrecipient. 13.OPass-through Requirements - Subrecipients are responsible for the compliance of contractors and other entities to whom they pass-through funds including compliance with all Civil Rights requirements. These additional tier subrecipients must be made aware that they may file a discrimination complaint with the subrecipient, with FDLE, or with the USDOJ Office for Civil Rights and provided the contact information. �- SECTION III; FINANCIAL REQUIREMENTS AND RESPONSIBILTY 1.0 Fiscal Control and Fund Accounting Procedures -All expenditures and cost accounting of funds shall conform to the DOJ Grants Financial Guide, the 28 C.F.R. § 66, and 2 C.F.R. §200 as applicable, in their entirety. CJ Subrecipients are required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. Financial management systems must be able to record and report on the receipt, obligation, and expenditure of grant funds; and able to accommodate a fund and account structure to separately track receipts,expenditures,assets,and liabilities for awards, programs,and additional tiered subrecipients. The awarded funds may or may not be an interest bearing account, but any earned interest must be used for program purposes and expended before the federal grant period end date.Any unexpended interest remaining at the end of the federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to DOJ. 2 CD 2.0 Match - The value or amount of any "non-federal share," "match," or cost-sharing contribution incorporated into the approved budget is part of the"project cost"for purposes of the 2 C.F.R. §200 Uniform Requirements, and is subject to audit. In general, the rules and restrictions that apply to award funds from federal sources also apply to funds in the approved budget that are provided as"match"or through "cost sharing." SECTION IV: SUBAWARD MANAGEMENT AND REPORTING REQUIREMENTS �- 1.0 Obligation of Subrecipient Funds - Subaward funds shall not under any circumstances be obligated prior to the effective date, or subsequent to the termination date, of the period of performance. Only project costs incurred on or after the effective date, and on or prior to the termination date of the subrecipient's project are eligible for reimbursement. All payments must be completed within forty-five (45) days of the end of the subaward period of ¢I performance. 2.0 Use of Funds - Grant funds may be used only for the purposes in the subrecipient's approved application. Subrecipients shall not undertake any work or activities not described in the approved grant award, and that use staff, equipment, or other goods or services paid for with grant funds, without prior written approval from FDLE's Office of Criminal Justice Grants(OCJG). 3.0 Advance Funding -Advance funding may be provided to a subrecipient upon a written request to the Department. The request must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the ' Chief Financial Officer designee. r? cv 4.0 Performance and Reporting Reporting Time Frames -The Project Director, Application Manager, or Performance Contacts shall submit Monthly or Quarterly Project Performance Reports to the Department, within fifteen (15) days after the end of the reporting CJ period. In addition, if the subaward period is extended beyond the "original" project period, additional Project Performance Reports shall be submitted. Failure to Submit - Performance Reports that are not complete, accurate, and timely may result in sanctions, as specified in Section IV, Subaward Management and Reporting Requirements. Report Contents - Performance Reports must include a response to all objectives included in your subaward. A detailed response is required in the narrative portion for yes/no performance objectives. Submitted performance reports must clearly articulate,where appropriate, performance during the execution of the award has met a standard against which the subrecipient's performance can be measured. The narrative must also reflect on accomplishments for the period and identify problems with project implementation and address actions being taken to resolve the problems. Additional information may be required if necessary to comply with federal reporting requirements. 41 2021-3AGC-MONR-2 Packet Pg. 161 C.3.a Requirement for Data on Performance and Effectiveness Under the Award -The subrecipient must collect and maintain data that measures the performance and effectiveness of work under this award. The data must be provided to OCJG in the manner(including within the timeframes)specified by OCJG. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws. N Financial Consequences for Failure to Perform-In accordance with s.215.971 F.S., payments for state and federal N financial assistance must be directly related to the scope of work and meet the minimum level of performance for >' successful completion. If the subrecipient fails to meet the minimum level of service or performance identified in this agreement,or is customary for subawards,then the Department will apply financial consequences commensurate with CL _ the deficiency. Financial consequences may include but are not limited to withholding payments or reimbursement until the deficiency is resolved, tendering only partial payment/reimbursement, imposition of other financial consequences according to the Standard Conditions as applicable, and/or termination of contract and requisition of goods or services from an alternate source.Any payment made in reliance on subrecipient's evidence of performance,which evidence is subsequently determined to be erroneous,will be immediately due to the Department as an overpayment. 5.0 Grant Adjustments - Subrecipients must submit a grant adjustment through SIMON for major substantive changes such as changes in project activities or scope of the project, target populations, service providers, implementation schedules, project director, and designs or research plans set forth in the approved agreement and for any budget changes that affect a cost category that was not included in the original budget. Adjustments are also required when there will be a transfer of 10%or more of the total budget between budget categories, or there is an indirect cost rate W category change. Subrecipients may transfer up to 10% of the total budget between current, approved budget categories without prior approval as long as the funds are transferred to an existing line item. Under no circumstances can transfers of funds increase the total budgeted award. Requests for changes to the subaward agreement must be electronically signed by the subrecipient or implementing agency's chief official or the chief official's designee. Retroactive(after-the-fact)approval of project adjustments or items not currently in the approved subaward will only be considered under extenuating circumstances.Subrecipients who incur costs prior to approval of requested adjustments ®� do so at the risk of the items being ineligible for reimbursement under the award. All requests for changes, including all requests for project period extensions, must be submitted in SIMON no later than thirty(30)days prior to grant expiration date. CL 6.0 Financial Expenditures and Reporting Reporting Requirements-The subrecipient shall have a choice of submitting either a Monthly or a Quarterly Project Expenditure Report to the Department. Project Expenditure Reports are due thirty (30) days after the end of the reporting period. In addition, if the subaward period is extended, additional Project Expenditure Reports shall be r� submitted. All project expenditures for reimbursement of subrecipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the SIMON (Subgrant Information Management Online). All Project Expenditure Reports shall be submitted in sufficient detail for proper pre-audit and post-audit. All reports must relate financial data to performance accomplishments. CD Before the "final" Project Expenditure Report will be processed, the subrecipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. Reports are to be submitted even when no reimbursement is being requested. Submission -The report must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. 42 2021-3AGC-MONR-2 Packet Pg. 162 C.3.a 7.0 Project Generated Income(PGI) -All income generated as a direct result of a sub project shall be deemed program income. Program income from asset seizures and forfeitures is considered earned when the property has been adjudicated to the benefit of the plaintiff(i.e., law enforcement entity). Required Reports-The subrecipient shall submit Quarterly PGI Earnings and Expenditures Reports to the Department within thirty (30) days after the end of the reporting period covering subaward project generated income and expenditures during the previous quarter. PGI Expenditure-Program income should be used as earned and expended as soon as possible and used to further the objectives for which the award was made. CL Submission - PGI Earnings and Expenditures reports must be electronically signed by the subrecipient or implementing agency's chief financial officer or the chief financial officer's designee. Unexpended PGI - If any PGI remains unspent after the subaward ends, the subrecipient must continue submitting U quarterly PGI reports until all funds are expended. Additionally, any unexpended PGI remaining at the end of the federal grant period must be submitted to OCJG for transmittal to the Bureau of Justice Assistance. 8.0 Subrecipient Integrity and Performance Matters - Requirement to report information on certain civil, criminal, and W administrative proceedings to OCJG, SAM and FAPI IS. CD The subrecipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of)either this award or any other grant, cooperative agreement, or procurement contract from the federal government. Under certain circumstances, subrecipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management("SAM"),to the designated federal integrity and performance system("FAPIIS"). SECTION V: MONITORING AND AUDITS 1.0 Access to Records -The Florida Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have ®� access to books, documents, papers and records of the subrecipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the 28 C.F.R.§66.At any time,a representative of the Department,the U.S. Department of Justice, or the Auditor General of the State of Florida, have the right to visit the project site to monitor, inspect and assess work performed under this agreement. U CL The Department reserves the right to unilaterally terminate this agreement if the subrecipient, implementing agency,or contractor refuses to allow public access to all documents, papers, letters,or other materials subject to provisions of s. 119, F.S., unless specifically exempted and/or made confidential by operation of s. 119, F.S., and made or received by the subrecipient or its contractor in conjunction with this agreement. r9 The subrecipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 2.0 Monitoring-The recipient agrees to comply with FDLE's grant monitoring guidelines, protocols, and procedures; and to cooperate with FDLE on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide FDLE all documentation necessary to complete monitoring of the award. Further, the recipient agrees to abide by reasonable deadlines set by FDLE for providing requested documents. Failure to cooperate with grant monitoring activities may result in sanctions affecting the recipient's award, including, but not limited to: withholding and/or other restrictions on the recipient's access to funds, referral to the Office of the Inspector General for audit review, designation of the recipient as a FDLE High Risk grantee, or termination of award(s). 3.0 Property Management-The subrecipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the DOJ Grants Financial Guide,and 28 C.F.R.§66.This obligation continues as long as the subrecipient retains the property, notwithstanding expiration of this agreement. Property Use-The subrecipient must use equipment acquired under a Federal award for the authorized purposes of the project during the period of performance,or until the property is no longer needed.Subrecipients must use, manage 43 2021-3AGC-MONR-2 Packet Pg. 163 C.3.a and dispose of equipment acquired under a Federal award in accordance with ss. 274, F.S. Tangible Property and 2 C.F.R. 200.313, Equipment. 4.0 Subaward Closeout -A Financial Closeout Audit shall be submitted to the Department within forty-five (45)days of the end date of the performance period. cv The Financial Closeout Audit report located in SIMON must be electronically signed by the subrecipient or implementing agency's Chief Financial Officer or the Chief Financial Officer designee. >- Subaward Closeout will be initiated by the Department after the Financial Closeout has been completed and approved. CL _ Failure to submit closeout reports timely will result in an Administrative Closeout by the Department. 5.0 High Risk Subrecipients -If a subrecipient is designated"high risk" by a federal grant-making agency, currently or at any time during the course of the period of performance under this award, the subrecipient must disclose that fact and certain related information to FDLE's OCJG. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the subrecipient's past performance, or other programmatic or financial concerns with the subrecipient. The subrecipient's disclosure must include the following: 1. The federal awarding agency that currently designates the subrecipient high risk, 2. The date the subrecipient was designated high risk, 3.The high-risk point of contact at that federal awarding agency(name, phone number,and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. W 6.0 Imposition of Additional Requirements -The subrecipient agrees to comply with any additional requirements that may be imposed by OCJG during the period of performance for this award, if the subrecipient is designated as"high risk"for purposes of the DOJ high-risk grantee list. 7.0 Retention of Records -The subrecipient shall maintain all records and documents for a minimum of five (5) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. The subrecipient shall comply with State of Florida General Records Schedule GS1-SL for State and Local Government Agencies: https://fidoswebumbracoprod.blob.core.windows.net/media/703328/gs1-s1-2020.pdf. 8.0 Disputes and Appeals - The Department shall make its decision in writing when responding to any disputes, disagreements, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subrecipient shall proceed diligently with the performance of this agreement according to the Department's decision. If the subrecipient appeals the Department's decision,the appeal also shall be made in writing within twenty- one (21)calendar days to the Department's clerk (agency clerk). The subrecipient's right to appeal the Department's decision is contained in § 120, F.S., and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, F.S. CL 9.0 Failure to Address Audit Issues-The subrecipient understands and agrees that FDLE's OCJG may withhold award funds, or may impose award conditions or other related requirements, if (as determined by OCJG) the subrecipient does not satisfactorily and promptly address outstanding issues from audits required by the 2 C.F.R. § 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews. 10.OSingle Annual Audit -Subrecipients that expend $750,000 or more in a year in federal awards shall have a single audit or program-specific audit conducted for that year. The audit shall be performed in accordance with the OMB 2 C.F.R. § 200 Subpart F—Audit Requirements and other applicable federal law. The contract for this agreement shall be identified in the Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period,funds received and disbursed.When applicable,the subrecipient shall submit an annual financial audit that meets the requirements of 2 C.F.R. § 200 Subpart F, "Audit Requirements" s. 215.97, F.S., "Florida Single Audit Act" and Rules of the Auditor General, Chapter 10.550, and Chapter 10.650, "Local CD Governmental Entity Audits"and"Florida Single Audit Act Audits Nonprofit and For-Profit Organizations." A complete audit report that covers any portion of the effective dates of this agreement must be performed and submitted to the Federal Audit Clearinghouse within the earlier of thirty(30)calendar days after receipt of the auditor's report(s), or nine (9)months after the end of the audit period. Submissions must include required elements described in Appendix X to 2 C.F.R. §200 on the specified Data Collection Form(Form SF-SAC). Records shall be made available upon request for a period of five (5)years from the date the audit report is issued, unless extended in writing by the Department. 44 2021-3AGC-MONR-2 Packet Pg. 164 C.3.a Subrecipients that expend less than $750,000 in federal awards during a fiscal year are exempt from the Single Audit Act audit requirements for that fiscal year. In this case, written notification, in the form of the "Certification of Audit Exemption"form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subrecipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. cv SECTION VI: SUBAWARD PROCUREMENT AND COST,PRINCIPLES 1.0 Procurement Procedures - Subrecipients must have written procedures for procurement transactions. Procedures must conform to applicable Federal law and the standards in 2 C.F.R. §§200.318-326. CL This condition applies to agreements that OCJG considers to be a procurement "contract", and not a second tier subaward. CJ The details of the advance approval requirement to use a noncompetitive approach in a procurement contract under this award are posed on the OJP website at https://oiD.aov/funding/Explore/NoncompetitiveProcurement.htm. Additional information on Federal purchasing guidelines can be found in the Guide to Procurements Under DOJ Grants and Cooperative agreements at https://oip.gov/funding/Implement/Resources/GuideToProcurementProcedures.pdf. 2.0 Cost Analysis -A cost analysis must be performed by the subrecipient if the cost or price is at or above the$35,000 acquisition threshold and the contract was awarded non-competitively in accordance with s. 216.3475, F.S. The subrecipient must maintain records to support the cost analysis,which includes a detailed budget,documented review of individual cost elements for allowability, reasonableness, and necessity. See also: Reference Guide for State Expenditures. 3.0 Allowable Costs - Allowance for costs incurred under the subaward shall be determined according to the general W principles and standards for selected cost items set forth in the DOJ Grants Financial Guide, 28 C.F.R. §66, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments", and 2 CFR Subpart E, "Cost Principles". 4.0 Unallowable Costs-Payments made for costs determined to be unallowable by either the Federal awarding agency, or the Department, either as direct or indirect costs, must be refunded (including interest) to FDLE and the Federal Government in accordance with instructions that determined the costs are unallowable unless state or Federal statute or regulation directs otherwise. See also 2 C.F.R. §§200.300-309. 5.0 Indirect Cost Rate -A subrecipient that is eligible to use the "de minimis" indirect cost rate described in 2 C.F.R. § 200.414(f), and elects to do so, must advise OCJG in writing of both its eligibility and its election, and must comply with all associated requirements in the 2 C.F.R. §200 and Appendix VII. 6.0 Sole Source - If the project requires a non-competitive purchase from a sole source costing $10,000 or more, the subrecipient must complete the Sole Source Justification for Services and Equipment Form and submit to OCJG upon application for pre-approval. If the subrecipient is a state agency and the cost meets or exceeds $250,000, the subrecipient must also receive approval from the Department of Management Services (DMS) (s. 287.057(5), F.S.). The Sole Source form must be signed by the subrecipient or implementing agency chief official or chief official designee. Additional details on the sole source requirement can be found at 2 C.F.R. §200 and the DOJ Grants Financial Guide. 7.0 Personal Services - Subrecipients may use grant funds for eligible personal services including salaries, wages, and fringe benefits, including overtime in accordance with the DOJ Grants Financial Guide Section 3.9 -Compensation for Personal Services, consistent with the principles set out in 2 C.F.R. §200, Subpart E and those permitted in the federal program's authorizing legislation. Subrecipient employees should be compensated with overtime payments for work N performed in excess of the established work week and in accordance with the subrecipient's written compensation and pay plan. Documentation-Charges for salaries,wages, and fringe benefits must be supported by a system of internal controls providing reasonable assurance that charges are accurate, allowable, and properly allocated. Documentation supporting charges must be incorporated into the official records of the organization. Charges made to the Personnel Budget Category must reasonably reflect the total time and activity for which the employee is compensated by the organization and cover both federally funded and all other activities.The records may 45 2021-3AGC-MONR-2 Packet Pg. 165 C.3.a include the use of subsidiary records as defined in the organization's written policies. Where grant subrecipients work on multiple grant programs or cost activities, documentation must support a reasonable allocation or distribution of costs among specific activities or cost objectives. 8.0 Contractual Services -The subrecipient must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts as described in 2 C.F.R. §200.318, General procurement. N Requirements for Contractors of Subrecipients - The subrecipient assures the compliance of all contractors with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended 34 U.S.C. CL _ § 10101 et seq.; the provisions of the current edition of the DOJ Grants FinancialGuide(https://oir).gov/financiaiguide/doi/pdfs/DOJ FinancialGuide.pdf); and all other applicable federal and state laws, orders, circulars, or regulations. The subrecipient must pass-through all requirements and conditions applicable to the federal grant award/subaward to any subcontract. The term"contractor" is used rather than the term U "vendor" and means an entity that receives a contract as defined in 2 C.F.R. § 200.22, the nature of the contractual relationship determines the type of agreement. Approval of Consultant Contracts Compensation for individual consultant services must be reasonable and consistent with that paid for similar services in the marketplace. The Federal awarding agency and pass-through entity must review and approve in writing all consultant contracts prior to employment of a consultant when the individual compensation rate exceeds $650 (excluding travel and subsistence costs) per eight-hour day, or$81.25 per hour. A detailed justification must be submitted to and approved by FDLE, who will coordinate written approval of the Federal awarding agency, prior to subrecipient obligation or expenditures of such funds. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide Section 3.6 Consultant Rates, 28 C.F.R. § 66, and applicable state statutes. The Department's approval of the subrecipient agreement does not constitute approval of individual consultant contracts or rates. If consultants are hired through a competitive bidding process (not sole LU source), the $650 threshold does not apply. FFATA Reporting Requirements - Subrecipients that enter into subawards of $25,000 or more should review the Federal Funding Accountability and Transparency Act of 2006 (FFATA), website for additional reporting requirements at https://oiiD.gov/funding/Explore/FFATA.htm 9.0 Travel and Training -The cost of all travel shall be reimbursed according to the subrecipient's written travel policy. If ®� the subrecipient does not have a written travel policy, cost of all travel will be reimbursed according to State of Florida Travel Guidelines § 112.061, F.S. Any foreign travel must obtain prior written approval from the Federal awarding agency and pass-through entity. 0 10.OExpenses Related to Conferences, Meetings, Trainings, and Other Events - Subgrant funds requested for CL meetings, retreats,seminars,symposia,events, and group training activities and related expenses must receive written pre-approval from the Federal awarding agency and pass-through entity and comply with all provisions in 2 C.F.R. § 200.432 and DOJ Grants Financial Guide Section 3.10; Conference Approval, Planning, and Reporting. Subgrant applications requesting approval for meeting, training, conference, or other event costs must include a completed Conference &Events Submission Form for approval prior to obligating subgrant funds for these purposes. cv 11.OTraining and Training Materials—Any training or training materials that has been developed or delivered with grant ' funding under this award must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at www.ob.gov/funding/oiptrainingguidingprincipies.htm. 12.0Publications, Media and Patents Ownership of Data and Creative Material - Ownership of material, discoveries, U inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the DOJ Grants Financial Guide, 28 C.F.R. §§66, and 200.315. cv Publication or Printing of Materials-Publication costs for electronic and print media,including distribution,promotion, N and general handling are allowable. If these costs are not identifiable with a particular direct cost objective, it should be allocated as indirect costs. Publication includes writing, editing, and preparing the illustrated material (including videos and electronic mediums). Subrecipients must request pre-approval in writing for page charges for professional journal publications.All publication materials must comply with provisions in 2 C.F.R. §200.461 and DOJ Grants Financial Guide, Section 3.9;Allowable Costs—Publication. Subrecipients must submit for review and approval one(1)copy of any written materials to be published, including web- 46 2021-3AGC-MONR-2 Packet Pg. 166 C.3.a based materials and website content, to be paid under this award at least thirty (30) days prior to the targeted dissemination date. All electronic and print materials paid under this award must contain the following statements identifying the federal award: CD cv "This project was supported by Award No. [Federal Award Number] awarded by the [Bureau of Justice CD Assistance/Bureau of Justice Statistics], Office of Justice programs. The opinions, findings, and conclusions or �- recommendations expressed in this publication/program/exhibition are those of the authors and do not necessarily reflect the views of the Department of Justice or grant-making component." CL Any website funded in whole or in part under this award must include the same statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a web-based service, including any pages that provide results or outputs from the service. Patents-Subrecipients are subject to applicable regulations governing patents and inventions, including government wide regulations issued by the Department of Commerce (37 C.F.R. §401 and 2 C.F.R. §200.315(c)). Subrecipients must promptly and fully report to FDLE and the Federal awarding agency if any program produces patentable items, patent rights, processes, or inventions, in the course of work sponsored under this award. W 2 CD 13.OFor NCHIP&NICS: Purchase of Automated Fingerprint Identification System (AFIS)-AFIS equipment purchased under this award must conform to the American National Standards Institute (ANSI)Standard,"Data Format for the Interchange of Fingerprint, Facial &Other Biometric Information" (ANSI/NIST-ITL 1-2007 PART 1)and any other applicable standards set forth by the Federal Bureau of Investigation (FBI). 14.0information Technology Projects Criminal Intelligence Systems-The subrecipient agrees that any information technology system funded or supported by the Office of Justice Programs funds will comply with 28 C.F.R. § 23, Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28 C.F.R. § 23 to be applicable, the Office of Justice Programs may, at its discretion, perform ®� audits of the system, as per 28 C.F.R. §23.20(g). Should any violation of 28 C.F.R. § 23 occur, the subrecipient may U be fined as per 42 U.S.C. §3789g(c)-(d). The subrecipient may not satisfy such a fine with federal funds. The subrecipient understands and agrees that no awarded funds may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. In doing so the CL subrecipient agrees that these restrictions will not limit the use of awarded funds necessary for any federal,state,tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecutions, or adjudication activities. State IT Point of Contact-The subrecipient must ensure that the State IT Point of Contact receives written notification r� regarding any information technology project funded by this grant during the obligation and expenditures period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the subrecipient must maintain an administrative file documenting the meeting of this requirement. For a list of State IT Points of Contact,go to https://it.oip.gov/technology- contacts. CJ The State IT Point of Contact will ensure the subrecipient's project follows a statewide comprehensive strategy for information sharing systems that improve the functioning of the criminal justice system,with an emphasis on integration of all criminal justice components, law enforcement, courts, prosecution, corrections, and probation and parole. cv 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 connectivity, unless the subrecipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. ADP Justification -The subrecipient must complete an Automated Data Processing (ADP)equipment and Software and Criminal Justice Information and Communication Systems Request for Approval form if the purchase of any ADP 47 2021-3AGC-MONR-2 Packet Pg. 167 C.3.a equipment is to be made. This form must be submitted upon application if applicable and pre-approval must be obtained. ADP Justification must be signed by the subrecipient or implementing agency chief official or an individual with formal,written signature authority for the chief official. 15.0interoperable Communications Guidance - Subrecipients using funds to support emergency communications activities must comply with the current SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Emergency N communications activities include the purchase of Interoperable Communications Equipment and technologies such �- as voice-over-internet protocol bridging or gateway devices,or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC) Waiver Order. CL _ SAFECOM guidance can be found at https://www.dhs.gov/publication/funding-documents. Subrecipients interested in developing a public safety broadband network in the 700 MHz band in their jurisdictions must adhere to the technical standards set forth in the FCC Waiver Order, or any succeeding FCC orders, rules, or regulations pertaining to broadband operations in the 700 MHz public safety band. The subrecipient shall also ensure projects support the Statewide Communication Interoperability Plan (SCIP)and are fully coordinated with the full-time Statewide Interoperability Coordinator (SWIC). If any future regulatory requirement (from the FCC or other governmental entity) results in a material technical or financial change in the project, the subrecipient should submit associated documentation, and other material, as applicable, for review by the SWIC to ensure coordination. Subrecipients must provide a listing of all communications equipment purchased with grant award funding (plus the quantity purchased of each item)to FDLE once items are procured during any periodic programmatic progress reports. 14.0GIobal Standards Package - In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative (DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at uJ https://it.oip.gov/gsp. Grantee shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 15.OProhibition on Certain Telecommunications and Video Surveillance Services or Equipment—In accordance with the requirements as set out in 2 C.F.R.§200.216,subrecipients are prohibited from obligating or expending grant funds to: 1) Procure or obtain; 2) Extend or renew a contract to procure or obtain; 3) Enter into a contract to procure or obtain equipment, services, or systems that use telecommunications equipment or services as a substantial or essential component of any system,or as critical technology as part CL of any system, produced by Huawei Technologies Company or ZTE Corporation (or a subsidiary or affiliate of such entities). 16.0Unreasonable Restrictions on Competition -This condition applies with respect to any procurement of property or services funded (in whole or in part) by this subaward, by the subrecipient (at any tier), and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). i. Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 and 200.319(a)— Subrecipient (at any tier) may (in any procurement transaction)discriminate against any person or entity on the basis of such person or entity's status as an"associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate,or subsidiary of such an associate),except as expressly set out in 2 C.F.R. 200.319(a)or as specifically authorized by USDOJ. cv ii. Monitoring of compliance with the requirements of this condition will be conducted by FDLE. N iii. The term"associate of the federal government" means any person or entity engaged or employed (in the past or at present)by or on behalf of the federal government--as an employee, contractor or subcontractor(at any tier), grant recipient or-subrecipient(at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project,or activity(or to provide such goods or services)in future. 48 2021-3AGC-MONR-2 Packet Pg. 168 C.3.a iv. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. 17.ONon-Disclosure Agreements-No subrecipient or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such CD information. >' 18.0Confidential Funds and Confidential Funds Certificate - A signed certification that the Project Director or CL _ Implementing Agency Chief Official has read, understands, and agrees to abide by all conditions for confidential funds outlined in Section 3.12 of the DOJ Grants Financial Guide is required for all projects that involve confidential funds. The signed certification must be submitted at the time of grant application. Confidential Funds certifications must be signed by the subrecipient or implementing agency Chief Official or an individual with formal,written signature authority for the Chief Official. 19.OFor JAG: Task Force Training Requirement-The subrecipient agrees that within 120 days of award, each current member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. The training can be accessed three ways: W 1) Regional Information Sharing Systems (RISS) members may access the training through the secure RISS portal. Instructions may be found here: https://28cfr.ncirc.gov/documents/Accessing 28CFRPart23 training RISS.pdf. 2) Members with a secure account through the Federal Bureau of Investigation's(FBI) Law Enforcement Enterprise Portal (LEEP) may log in to LEEP to access the training. Instructions may be found here: https://28cfr.ncirc.gov/documents/Accessing 28CFRPart23 training LEEP.pdf. 3) If your agency was previously provided with a preauthorization code, you may register for the training using that code by selecting the"LOG IN or SIGN UP" menu button located on the top left side of the home page. Enter >_ your email address and password, then select"Preauthorization Registration." W All current and new task force members are required to complete this training once during the life of the award,or once every four years if multiple awards include this requirement.This training addresses 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. When FDLE awards funds to support a task force, the subrecipient must compile and maintain a task force personnel roster along with course completion certificates.Additional information is available regarding this required training and access methods at Home page-28 CFR Part 23 Online Training (ncirc.gov). 20.0 For NCHIP and NARIP: Protective Order Systems - Any system developed with funds awarded under this cooperative agreement will be designed to permit interface with the National Protective Order file maintained by the r FBI. ' r9 21.OFor PREA: PREA Audits -Subrecipients using funds, in whole or in part, to conduct PREA audits must utilize a DOJ certified PREA auditor who must abide by all applicable requirements in the DOJ PREA Auditor Handbook. SECTION VIII: ADDITIONAL REQUIREMENTS 1.0 Environmental Protection Agency's (EPA) list of Violating Facilities -The subrecipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the Department of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 2.0 National Environmental Policy Act(NEPA) The subrecipient agrees to assist FDLE in complying with the NEPA, the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of subaward funds by the subrecipient. This applies to the following new activities whether or not they are being specifically funded with these subaward funds. That is, it applies as long as the activity is being conducted by the subrecipient or any third party and the activity needs 49 2021-3AGC-MONR-2 Packet Pg. 169 C.3.a to be undertaken in order to use these subaward funds. Accordingly, the subrecipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the recipient agrees to contact FDLE OCJG. cv 1) New construction; CD 2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain; a wetland, or habitat for endangered species, or a property listed CL _ on or eligible for listing on the National Register of Historic Places; 3) A renovation, lease, or any other proposed use of a building or facility that will either(a) result in a change in its basic prior use or(b)significantly change its size; CJ 4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments; and 5) Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification,seizure, or closure of clandestine methamphetamine laboratories. W 2 The subrecipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by the Bureau of Justice Assistance. The subrecipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department of Justice at https://www.bia.gov/Funding/nepa.htmi,for programs relating to methamphetamine laboratory operations. 3.0 National Historic Preservation Act—The Act will assist the Department (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. §4321). 4.0 Human Research Subjects —The subrecipient agrees to comply with the requirements of 28 C.F.R. part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 0 5.0 Disclosures CL Conflict of Interest-The subrecipient and implementing agency will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. Subrecipients must disclose in writing any potential conflict of interest to FDLE (the non- federal pass-through entity). r9 Violations of Criminal Law-The subrecipient and implementing agency must disclose all violations of state or federal criminal law involving fraud, bribery or gratuity violations potentially affecting the subaward. 6.0 Uniform Relocation Assistance and Real Property Acquisitions Act -The subgrant recipient will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §4601 et seq.),which govern the treatment of persons displaced as a result of federal and federally-assisted programs. 7.0 Limitations on Government Employees Financed by Federal Assistance - The subrecipient will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7321-26,which limit certain political activities of State or local government CD employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 8.0 Funds to Association of Community Organizations for Reform Now (ACORN) Unallowable - Subrecipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries, without the express prior written approval of OJP. 50 2021-3AGC-MONR-2 Packet Pg. 170 C.3.a 9.0 Text Messaging While Driving - Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1,2009), and §316.305, F.S.,the subrecipient is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this subaward and to establish workplace safety policies and conduct education,awareness, and other outreach to decrease crashes caused by distracted drivers. cv 10.0 For JAG: DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database - If program funds CD will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the >- Combined DNA Index System(CODIS), by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non-governmental DNA database without prior express written approval CL _ from BJA. For more information, refer to the NIJ FY 2012 DNA Backlog Reduction Program, available at https://www.ncirs.gov/r)dffilesl/nii/sIO01062.pdf. In addition, funds may not be used for purchase of DNA equipment and supplies when the resulting DNA profiles from such technology are not accepted for entry into CODIS (the National DNA Database operated by the FBI). 11.0Environmental Requirements and Energy-For subawards in excess of$100,000,the subrecipient must comply with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act(42 U.S.0 85), section 508 of the Clean Water Act(33 U.S.C. 1368),Executive Order 11738,and Environmental Protection Agency regulations (40 CFR 1). The subrecipient must comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871), if any. 12.00ther Federal Funds -The subrecipient agrees that if it currently has an open award of federal funds or if it receives an award of federal funds other than this award, and those awards have been, are being, or are to be used, in whole or in part, for one or more of the identical cost items for which funds are being provided under this award, the subrecipient will promptly notify, in writing the grant manager for this award, and, if so requested by OCJG seek a budget modification or change of project scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. 13.OTrafficking in Persons-The subrecipient must comply with applicable requirements pertaining to prohibited conduct relating to the trafficking of persons, whether on the part of recipients, subrecipients or individuals defined as "employees" of the subrecipient. The details of the recipient and subrecipient obligations related to prohibited conduct related to trafficking in persons are incorporated by reference and posted at https://oip.qov/funding/Explore/ProhibitedConduct-Trafficking.htm 14.ORequirement of the Award; Remedies for Non-Compliance or for Materially False Statements: Any materially false,fictitious,or fraudulent statement to the Department related to this award (or concealment or omission of a material CL fact)may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001, 1621, and/or 34 U.S.C. § 10272), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision r� shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead,that the provision is utterly invalid or unenforceable;such provision shall be deemed severable from this award. 15.0 Employment Eligibility Verification for Hiring Under This Award —The subrecipient must ensure that as part of the hiring process for any position that is or will be funded (in whole or in part) with award funds, the employment eligibility of the individual being hired is properly verified in accordance with the provisions of 8 U.S.C. 1324a(a)(1)and (2). i. All persons who are or will be involved in activities under this award must be made aware of the requirement for CD verification of employment eligibility, and associated provisions of 8 U.S.C. 1324a(a)(1) and (2) that make it unlawful in the United States to hire (or recruit for employment)certain aliens. ii. The subrecipient must provide training (to the extent necessary)to those persons required by this condition to be notified of the requirement for employment eligibility verification and the associated provisions of 8 U.S.C. 1324a(a)(1)and (2). iii. As part of the recordkeeping requirements of this subaward, the subrecipient must maintain records of all employment eligibility verifications pertinent to compliance with this condition and in accordance with I-9 record retention requirements, as well as pertinent records of notifications and trainings. 51 2021-3AGC-MONR-2 Packet Pg. 171 C.3.a iv. Monitoring of compliance with the requirements of this condition will be conducted by FDLE. V. Persons who are or will be involved in activities under this award includes any and all subrecipient officials or other staff who are or will be involved in the hiring process with respect to a grant funded position under this award. cv vi. For the purposes of satisfying this condition, the subrecipient may choose to participate in, and use E-Verify N (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the subrecipient entity uses E- �- Verify to confirm employment eligibility for each position funded through this award. CL vii. Nothing in this condition shall be understood to authorize or require any subrecipient,or any person or other entity, to violate federal law, including any applicable civil rights or nondiscrimination law. 0 viii. Nothing in this condition, including paragraph vi.,shall be understood to relieve any subrecipient,or any person or other entity,of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1)and (2). IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to FDLE prior to award acceptance. 16.0 Determination of Suitability to Interact with Minors —This condition applies if it is indicated in the application for subaward (at any tier)that a purpose of some or all of the activities to be carried out under the subaward is to benefit W a set of individuals under 18 years of age. The subrecipient (at any tier), must make determinations of suitability before certain individuals may interact with participating minors. The requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP website at https://oir).gov/funding/Explore/Interact-Minors.htm. 17.0Restrictions and Certifications Regarding Non-Disclosure Agreements and Related Matters: No subrecipient under this award,or entity that receives a procurement contract with funds under this award, may require an employee to sign an internal confidentiality agreement that prohibits the reporting of waste, fraud, or abuse to an investigative or law enforcement representative authorized to receive such information. The foregoing is not intended, to contravene requirements applicable to classified information. In accepting this award, the subrecipient: a) Has not required internal confidentiality agreements or statements from employees or contractors that currently CJ prohibit reporting waste, fraud,or abuse; b) Certifies that, if it learns that it is or has been requiring its employees or contractors to execute agreements that prohibit reporting of waste, fraud, or abuse, it will immediately stop any further obligations of award funds, will provide prompt written notification to OCJG, and will resume such obligations only if expressly authorized to do r� so by OCJG. N c) Will comply with requirements of 5 U.S.C. §§ 1501-08 and 7321-26,which limit certain political activities of state or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 17.OFor RSAT: State Alcohol and Drug Abuse Agency-The subrecipient will coordinate the design and implementation of treatment programs with the State alcohol and drug abuse agency or any appropriate local alcohol and drug abuse agency, especially when there is an opportunity to coordinate with initiatives funded through the Justice Assistance CD Grant(JAG)program. N 18.OFor RSAT: Drug Testing -The subrecipient will implement or continue to require urinalysis or other proven reliable forms of testing of individuals in correctional residential substance abuse treatment programs.Such testing shall include individuals released from residential substance abuse treatment programs who remain in the custody of the State. 19.OFor RSAT: Opioid Abuse and Reduction - The subrecipient understands and agrees that, to the extent that substance abuse treatment and related services are funded by this award, they will include needed treatment and services to address opioid abuse and reduction. 52 2021-3AGC-MONR-2 Packet Pg. 172 C.3.a 20.OFor RSAT: Data Collection-The subrecipient agrees that grant funds maybe used to pay for data collection,analysis, and report preparation only if that activity is associated with federal reporting requirements. Other data collection, analysis, and evaluation activities are not allowable uses of grant funds. 21.OFor PSN: Coordination with U.S.Attorney and PSN Task Forces -The recipient agrees to coordinate the project with the U.S.Attorney and Project Safe Neighborhoods Task Force(s)for the respective U.S.Attorney Districts covered by the award. The recipient also is encouraged to coordinate with other community justice initiatives and other ongoing, CD local gun prosecution and law enforcement strategies. >- 22.OFor PSN: Media-related Outreach-The subrecipient agrees to submit to OCJG for review and approval by DOJ, any _ proposal or plan for PSN media-related outreach projects. 23.OFor NCHIP&NARIP: Coordination and Compatibility with Systems-In accordance with federal award conditions, subrecipient agrees all activities supported under this award must: CJ 1)Be coordinated with Federal, State, and local activities relating to homeland security and presale firearm checks 2)Ensure criminal justice information systems designed, implemented, or upgraded with NCHIP or NARIP funds are compatible,where applicable,with the National Incident-Based Reporting System(NIBRS), the National Crime Information Center system(NCIC 2000),the National Criminal Instant Background Check System(NICS), the Integrated Automated Fingerprint Identification System(IAFIS), and applicable national, statewide or regional criminal W justice information sharing standards and plans. CD 3) Intend to establish or continue a program that enters into the National Crime Information Center(NCIC)records of: (a)Protection orders for the protection of persons from stalking or domestic violence; (b)Warrants for the arrest of persons violating protection orders intended to protect victims from stalking or domestic violence; and (c)Arrests or uJ convictions of persons violating protection orders intended to protect victims from stalking or domestic violence. I 0 U CL M tJ r N CD 53 2021-3AGC-MONR-2 Packet Pg. 173 C.3.a ATTACHMENT C PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may `V CN not submit a bid on a contract with a public entity for the construction or repair of a public building or >_ public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with any _ public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither r: ( (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. (Signature) -_. Date TO BE COMPLETEDY NOTARY (in accordance with State notary requirements) W State of � ....... County of This instrume was acknowledged before me, by means of physical presence or ❑ online notarization, c this da eF - - ___. (month),- -- _ - -(year), by7 m_..,. (name of officer or agent, title or officer or agent) of �_ a (name of entity). ca N Personally Known Produced Identification: Type of ID and Number on ID (Seal) N N Si natur : Notary Nalary Public State of Firartda g ry E Maryanne L Johnson my Commission � p,1iiiz E02s Name of N tary (Typed, Stamped or Printed) Notary Public, State of 54 2021-JAGC-MON R-2- Packet Pg. 174 ATTACHMENT D SWORN STATEMENT UNDER ORDINANCE NKJ' 01Q-1990 MONR0E COUNTY, FLORIDA CD ETHICS CLAUSE " = IN warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former � County officer oremployee in violation of Section 3 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the � County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, � commission, percentage, gift, or consideration paid to the former County officer orannp|oyaa." TO BE COMPLETED BlyNOTARY (in accordance with State notary requirements) State of Lio 4 Countyof u-| This ins rurne was acknowledged b e me, by means ofX physical presenceorO online notarization, this /�_�. . day of (month), (year), u� by (name of officer or agent, title or officer or agent) of (nanneof�nt|ty). — Personally Known ' Produced Identification: Type of ID and Number on lO (Seal) AMU414R42 CD Signe�uiof Notary L Notary PublIc State of Florida Maryanne L Johnson nmIssion xp 1115/2026 Name of 1lNotary (Typed, Stamped or Printed) Notary Public, State of 55 2021-]AGC-M0NR-2- C.3.a ATTACHMENT E DRUG-FREEPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: ` (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, CIL possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the E terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or LU rehabilitation program if such is available in the employee's community, or any employee who is so convicted. �- 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of `a this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above ®I requirements. T (Signature) Date: 2Z L --------- TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of ca cv County of Th this instrum r! aas acknowledged bcfoL me, by means of physical presence of online notarization, (month), (year), by ) of ' ...v .. (name of officer or agent, title or officer or a r cni (name of entity). Personally no n `CD V Produced Identification: Type of ID and Number on ID `V (Seal) Si` lr of Notary Notary Public State of Florida _. . .._, Maryanne L Johnson Name of otary (Typed, Stamped or Printed) sky cirnmission till Hid 213715 xp. m51202 -- Notary Public, State of _ 56 2021-JAGC-MON R-2- Packet Pg. 176 C.3.a ATTACHMENT F COMPLIANCE WITH COUNTY GUIDELINES The PROVIDER must furnish to the County the following items: cv (a) IRS Letter of Determination and GUIDESTAR printout indicating current 501(c)(3) status; (b) Proof of registration with the Florida Department of Agriculture as required by Florida Statute EM 496.405 and the Florida Department of State as require by Florida Statute 617.01201 or proof of exemption from registration as per Florida Stature 496.406. (c) List of the Organization's Board of Directors of which there must be at least 5 and for each board member please indicate when elected to serve and the length of term of service; (d) Evidence of annual election of Officers and Directors; �? (e) Unqualified audited financial statements from the most recent fiscal year for all organizations that expend $150,000 a year or more; if qualified, include a statement of deficiencies with corrective actions recommended/taken; audit shall be prepared by an independent certified public accountant (CPA) with a current license, in good standing with the Florida State Board of Accountancy. If the PROVIDER receives $100,000 or more in grant funding from the County: E a. The CPA that prepares the audit must also be a member of the American Institute of Certified Public Accountants (AICPA); b. The CPA must maintain malpractice insurance covering the audit services provided and c. The County shall be considered an "intended recipient" of said audit. (f) Copy of a filed IRS Form 990 from most recent fiscal year with all attached schedules; (g) Organization's Corporate Bylaws, which must include the organization's mission, board and ca ca membership composition, and process for election of officers; (h) Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (i) Specific description or list of services to be provided under this contract with this grant (see Attachment B); (j) Cooperation with County monitoring visits that the County may request during the contract year; and U (k) Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. r9 cv cv cv 57 2021-3AGC-MONR-2 Packet Pg. 177 C.3.b RESOLUTION NO. 223 - 2021 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF GRANT APPLICATIONS TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FEDERAL FISCAL YEAR 2020 (FFY20) WITH FUNDING FROM THE EDWAR❑ BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM (BYRNEIJAG) N WHEREAS, the Florida Department of Law Enforcement{FDLE} has announced the funding for >_ Federal Fiscal Year 2020 from the Edward Byrne Memorial Justice Assistance Grant (Byrne/JAG) Program; and WHEREAS, the Monroe County Board of Commissioners agrees to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of$55,199 with no cash match; and �? WHEREAS, the Monroe County Substance Abuse Policy Advisory Board (SAPAB), with concern given to the County's current drug control efforts, has recommended certain programs to apply for funding in order to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment to prevent and control crime and improve the criminal justice system as designated by FDLE; and WHEREAS, to be eligible for consideration of funding, applications are required to be submitted on or before June 11, 2021 using the FDLE Subgrant Information Management On-Line (SIMON) grants management system; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Mayor is hereby authorized to execute the grant funding distribution letter, sign acceptance of awards and all grant related documents for the FFY20 grant funds to FDLE, Office of Criminal Justice Grants, Byrne/JAG Grant Programs; 2. The Board of County Commissioners approve the Monroe County Substance Abuse Policy Advisory Board's recommendations and ratify the submission of the Byrne/JAG grant applications; E 3. This resolution shall be effective upon adoption by the Board of County Commissioners. ca T_ N PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 16" day of June 2021. r Mayor Michelle Coldiron Ye5 _ a e Mayor Pro Tem David Rice Yes k e Commissioner Craig Cates �Commissioner Eddie Martinez YesCommissioner Mike Forster Yes KEVIN MADOK, CLERK Monroe County Board of County Commissioners By: By: 11 As a uty Clerk Mayor MONROE COWN ATTORNEY AP VTD AS TO 0 CHRISTME L1MSUMBARROWS ASSISTANT CClYh aT TfORN£Y DATE•.. 6�1O�z1 Packet Pg. 178