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Item F43 jBIOARD of COUNTY COMMISSIONERS Mayor David Rice, District 4 Mayor Pro Tern Kim Wigington, District 1 OUNTYHeather Carruthers, District 3 KEY WESTSoMONROE LORIDA 33040 Sylvia J. Murphy, District 5 (305)294-4641 _ George Neugent, District 2 District 4 Office: 9400 Overseas Highway ®`' Florida Keys Marathon Airport Suite 210 Marathon, FL 33050 Ph: 305 289-6000 rr�ti Fx: 305 289 4610 Em: > ,,4.d1, iu ,uw , mo,, Interoffice Memorandum Date: November 16, 2012 ClerkTo: Danny Kolhage, "3. From: ayor avi ice, istrict ` Re: Notice of Voting Conflict Per Florida Statute 1 12.3143, I hereby disclose by written memorandum that I will abstain from the vote on certain issues that are brought before the Monroe County Board of Commissioners with entities that I am involved with. I will abstain from the vote on issues concerning the Guidance Care Center, Inc., a private, not-for-profit entity, which receives some of its operational funding from the County, as I am currently a member of the Board of Directors of the Care Center. At the November 20, 2012 BOCC meeting, I will abstain from the vote on item(s). #F38, F39, F40, F4 3, F44 These five items all pertain to the Guidance Care Center. You will find attached a copy of page 6 of the November 20, 2012 Final Revised Agenda for reference as to the specifics of each item. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 20, 2012 Division: OMB Bulk Item: Yes No Department: Grants Administration Staff Person: -Lisa Tennyson x4444 AGENDA ITEM WORDING: Authorization for the Mayor to execute a Memorandum of Understanding with Guidance/Care [enter Female Jail In-House Program, for the period from Oct 1, 2012through Sept ]0, 2013. ITEM BACKGROUND: Federal funds are provided through the Florida Department of Law Enforcement. Substance Abuse Policy Advisory Board (5APAQ) reviews proposals and makes recommendations to BOCC for local funding of programs. PREVIOUS RELEVANT B{}CC ACTION: Approval to apply for grant funds given at June 2012 meeting. Certificate of Acceptance for Sub-grant Award from FDLE is also on the agenda for this meeting. CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATION: Approval TOTAL COST: $16^5{}0_ Indirect Cost: BUDGETED: Yes No �l COST TO COUNTY: $O SOURCE OF FUNDS: F}LE DIFFERENTIAL OF LOCAL PREFERENCE: REVENUE PRODUCING: YesElNoM AMOUNT PER MONTH ______ YEAR P1� � APPROVED BY:COUNTY 'K�B/PURrF� ING [I RISK MANA{SEMENTW��~ . DOCUMENTATION: INCLUDED: ETO FOLLOW: F� NOT REQUIRED: DISPOSITION: ___ AGENDA ITEM #: ___ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Guidance Care Center Effective Date: 10/01/12 Expiration Date: 09/30/13 Contract Purpose/Description: Funds provided through FDLE Agreement for Guidance/Care Center Female ]ail In-House Program. Contract Manager: Lisa Tennyson 4444 OMB/Grants Mgt. (Name) (Ext.) (Department) for BOCC meeting on 11/20/12 Agenda Deadline: 11/6/12 CONTRACT COSTS Total Dollar Value of Contract: $16,500 Current Year Portion: $16,500 Budgeted? Yes X No Account Codes: 125-06049-530490 Grant: $16,500 County Match: $0 ADDITIONAL COSTS CONTRACT REVIEW Changes Date Out Da n Needed evi er Division Director Noo­-- Yesr C Risk Mana .gement YesEl Nov O.M.B./PurLing YesD NoE] County Attorney I V11W Yesr-1 NoO kl� Comments: OMB Form Revised 9/11/95 MCP #2 -------- EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM FUNDS AGREEMENT THIS AGREEMENT is made and entered into this 20th day of November, 2012, 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 hereinafter referred to as "AGENCY." WITNESSETH 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 WHEREAS, the COUNTY is in need of an implementing agency to provide said services under this Program; and WHEREAS, the AGENCY is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial Justice Assistance Grant funds to the AGENCY in accordance with the COUNTY'S application for the Edward Byrne Memorial Assistance Grant. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the AGENCY agree as follows: 1. TERM - The term of this Agreement is from October 1, 2012 through September 30, 2013, 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 a part hereof (Attachment C). 3. FUNDS - The total project budget to be expended by the AGENCY in performance of the services set forth in Section 2 of this agreement shall be the total sum of $16,500. 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 C). 5. BILLING AND PAYMENT (a) The AGENCY shall comply with the program and expenditure reporting requirements for Byrne Grant funds. The AGENCY shall render to the COUNTY a detailed a quarterly performance report not later than 7 days after the end of each quarter. The quarterly performance reports must include a response to all objectives included in your project, as described in the Performance section in the grant agreement. A detailed narrative, reflecting on accomplishments, challenges, etc. is required as part of this quarterly report. The AGENCY shall render to the COUNTY, monthly itemized invoices, not later than 30 days after the end of each month, properly dated, describing the services rendered, the cost of the services, and all other information required. The original invoice shall be sent to: Grants Administrator 1100 Simonton Street Key West, FL 33040 (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by the AGENCY. (c) The County shall only reimburse subject to the funded amounts below, those reimbursable expenses which are reviewed and approved as complying with Monroe County Code of Ordinances, State laws and regulations and Attachment A- Expense Reimbursement Requirements. Evidence of payment by the PROVIDER shall be in the form of a letter, summarizing the expenses with supporting documentation attached. The letter should contain a notarized certification statement. An example of a reimbursement request cover letter is included as Attachment B. 7. TERMINATION -This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. 8. ACCESS TO FINANCIAL RECORDS -The AGENCY shall maintain appropriate financial records which shall be open to the public at reasonable times and under reasonable conditions for inspection and examination and which comply with the Agreement incorporated in Section 4 of this Agreement. 9. AUDIT -The AGENCY shall submit to the COUNTY an audit report covering the term of this Agreement, within one-hundred twenty (120) days following the Agreement's lapse or early termination and shall also comply with all provisions of the Agreement incorporated in Section 4 of this Agreement. 10. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: FOR PROVIDER: Grants Administrator Frank Rabbito, Senior Vice President 1100 Simonton Street Guidance/Care Center Key West, FL 33040 1205 Fourth Street Key West, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the AGENCY at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. 12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the AGENCY shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the AGENCY. If the AGENCY receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 14. EMPLOYEE STATUS — The AGENCY is an independent contractor. Persons employed by the AGENCY in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNTY. 15. INDEMNIFICATION - The AGENCY agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the AGENCY. 16. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: DANNY L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Guidance/Care Center By: Witness Title: Witness MONROE COUNTY ATTORNEY (I APPROYED AS TO FORM:I CHRIS IT-S4RRcwS ASSISTANT COUNTY ATTORNEY Date --44LL�= ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community-Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, support for applicable paid payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non-allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non-sufficient check charges, penalties and fines. ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for (Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXXXX 104 Employee A P/R ending 05/14/01 XXXXX 105 Employee B P/R ending 05/28/01 XXXXX (A) Total $ X,XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D C) $ X,XXX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this — day of 20 by who is personally known to me. Notary Public Notary Stamp PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (signature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this - day of 20_. NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF COUNTY OF (Signature of Respondent) Da+n te PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, (name of individual signing) affixed his/her signature in the space provided above on this day of , 20_. Notary Public My commission expires: F LE ___ Florida Department of Office of Criminal Justice Grants Rick Scott, Governor Law Enforcement Post Office Box 1489 Pam Bondi,Attorney General Tallahassee, Florida 32302-1489 Jeff Atwater, Chief Financial Officer Gerald M. Bailey (850)617-1250 Adam Putnam, Commissioner of Agriculture Commissioner www.fdle.state.fl.us OCT 3 1 2ii The Honorable David Rice Mayor Monroe County Board of Commissioners 1100 Simonton Street Room 2-213 Key West, FL 33040 Re: Contract No. 2013-JAGC-MONR-1-D7-242 Dear Mayor Rice: The Florida Department of Law Enforcement is pleased to award an Edward Byrne Memorial Justice Assistance Grant to your unit of government in the amount of $ 16,500.00 for the project entitled, GUIDANCE CARE CENTER: FEMALE JAIL IN- HOUSE PROGRAM. These funds shall be utilized for the purpose of reducing crime and improving public safety. A copy of the approved subgrant application with the referenced contract number is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to the Standard Conditions of the subgrant. Changes were made after your application was received in this office. Therefore, the Standard Conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and costs reimbursements. The enclosed Certification of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service • Integrity • Respect • Quality The Honorable David Rice Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at 850/617-1250, Sincerely, Clayton . Wilder Administrator CHW/JP/st Enclosures State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2013-JAGC-MONR-1-D7-242, in the amount of$ 16,500.00, for a project entitled, GUIDANCE CARE CENTER: FEMALE JAIL IN- HOUSE PROGRAM, for the period of 10/01/2012 through 09/30/2013, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's Standard Conditions and any special conditions governing this subgrant. (Signature of Subgrantee's Authorized Official) (Typed Name and Title of Official) (Name of Subgrantee) (Date of Acceptance) Rule Reference 11 D-9,006 OCJG-01 2 (Rev. October 2005) State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date ofAward: /0 -31- / 7- Grant Period: From: 10/01/2012 TO: 09/30/2013 Project Title: GUIDANCE CARE CENTER: FEMALE JAIL IN-HOUSE PROGRAM Grant Number: 2013-JAGC-MONR-1-D7-242 Federal Funds: $ 16,500.00 State Agency Match: Local Agency Match: $ 0.00 Total Project Cost: $ 16,500.00 CFDA Number: 16.738 Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90- 351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100 1D, Office of Justice Programs, Common Rule for State and Local Governments and A- 87, or OMB Circulars A-110 orA-102, as applicable, and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. SUBGRANT AWARD CERTIFICATE (CONTINUED) This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. r Authorized Official Clayton H. Wilder Administrator 16 - Date ) This award is subject to special conditions (attached). Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide l 4 7 Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: David Rice Title: Mayor Address: 1100 Simonton Street Room 2-213 City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: Email: rice-david@monroecounty-fl.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Email: dkolhage@monroe-clerk.com Application Ref# 2013-JAGC-1972 Section #1 Page 1 of 2 Contract 2013-JAGC-MONR-1-D7-242 Rule Reference t 1 D-9.006 OCJG-005(rev,April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- County-wide ,/ / �.w..-.rm ire.. � C � s.' 777 w&.ww+—.wwnnvx{.w .�.w. taww ww. +mx.wxrxwarw,ww...w xwwwrcmm�mrxrwrxmw.mxr..w...owrwvm..- Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: David Rice Title: Mayor Address: 1100 Simonton Street Room 2-213 City: Key West State: FL Zip: 33040 Phone: 305-289-6000 Ext: Fax: Email: rice-david@monroecounty-fl.gov ...Project Director Name: Lisa Tennyson Title: ,Grants Administrator -Address: 1100 Simonton Street Room 2-213 City: Key West State: FL Zip: 33040 Phone: 305-292-4444 Ext: Fax: Email: Tennyson-Lisa@monroecounty-fl.gov Application Ref# 2013-JAGC-1972 Section #1 Page 2 of 2 Contract 2013-JAGC-MONR-1-D7-242 Rule Reference I ID-9.006 OCJG-005(rev April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Project Information Project Title: GUIDANCE CARE CENTER: FEMALE JAIL IN-HOUSE PROGRAM Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 10/1/2012 End Date: 9/30/2013 Problem Identification South Florida, in which the Keys are located, is a mecca for illicit drug use and has a much higher than national drug abuse prevalence. South Florida is a designated high-density drug trafficking area and a leading cocaine importation center. The Florida Department of Children and Families (DCF) reported that in FY 2008-2009 there were an estimated 1,253,917 adults in the state with substance abuse problems. Nearly 13% of them live below the poverty level. The primary drugs abused were alcohol (35%), cocaine/crack (25%), marijuana (22%), and opiates (12%). Of those adults needing treatment in the state, only 129,698 (11%)were served. In FY 2008-2009, a total of 11,599 adults were served by substance abuse treatment providers in DCF Circuits 11 and 16 (Miami-Dade and Monroe Counties). (DCF Quick Facts) Within the Keys, data validates that substance abuse among the general population, and particularly among those arrested, is high. Local data reflects and/or exceeds national and state statistics. Records of HELPLINE, a 24-hour crisis intervention, information and referral service in Monroe County, report 690 substance abuse prevention calls just in the last year; 58.9% of those calls came from females. In 2011, there were 8,022 arrests in Monroe County, Florida, with 7,730 being adults (94%). The "index for total crimes" increased by 7.7% in the County since 2006. During the same period, nonviolent crime increased by 9.6%. From 2008 to 2009, there was a 5.6% increase in violent crime, with a 40.6% increase in domestic violence offenses. Based on semi-annual reports from the Florida Department of Law Enforcement for 2009 and 2010, several crimes showed a substantial increase in the County compared to State rates (See Table 1). Table 1: Crime County% Change State% Change Drug Arrests 112.8 -3.5 Aggravated Assault 60.0 -8.9 Simple Assault 68.3 -1.1 Weapons Offenses 33.3 -172 Burglary 110.3 -5.5 During 2009, the average daily census in the Monroe County Jails was 524 inmates (449 in Key West, 40 in Marathon, and 35 in Plantation Key). The incarceration rate in Monroe County in 2009 was 6.7/1,000 residents, more than twice the State rate (3.2). The Monroe County Detention center reports that approximately 80% of incarcerated individuals have substance abuse problems, The key issue that defines the problem and need in our community has been prevalent for some time. There are not enough substance abuse treatment services in Monroe County to handle either the need nor the demand of those who return to our Criminal Application Ref 4 2013-JAGC-1972 Section #2 Page 1 of 0 Contract 2013-JAGC-MOLAR-I-D7- Rulp Reference I I D-9 006 OC JG-005(rpv.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Justice System time after time. Often these repeat offenders are not appropriate for the outpatient services available in the community due to the nature of the crimes they have committed, or the long-standing nature of their substance use disorder, or the likelihood that they may also have a co-occurring mental health disorder, or a combination of any of these three issues. In cases such as these, structured treatment in a controlled environment provides the best opportunity for intervention to be effective and re-entry successful. Currently, there are no local,.licensed substance abuse residential treatment program for the women of Monroe County. Many offenders with substance use disorders are also parents, negatively affecting their children and overburdening our already taxed child welfare system. National Survey on Drug Use and Health (NSDUH)reports that over 8.7 million children under the age of 18 (12.2%) lived with at least one parent who was dependent on or abused alcohol or an illicit drug during the past year. Male and female offenders often experience mental illness and substance abuse disorders, have child-rearing, parenting and custodial difficulties, health problems, histories of violence, sexual abuse and corresponding trauma (Veysey, 1998). From a local perspective, Healthy Start has indicated that 75%of the children in foster care in Monroe County have been exposed to substance abuse in the family. Currently, offenders must leave the community and go to Miami/Dade or Broward County to access residential treatment to address the needs associated with a serious substance use disorder. The Jail In-House Program(JIP)at the County jail is the only substance abuse treatment program in the Keys that provides comprehensive treatment services in a controlled environment. Project Summary (Scope of Work) The Guidance Care Center(GCC) is pleased to continue the successful partnership with the Monroe County Detention Center and Monroe County in the continuation of the Jail In-House Program for Women. The GCC has a thirty-seven year history of providing substance abuse counseling and mental health services. This year's funding will allow services begun with last year's grant to continue for up to 30 women with substance abuse issues in the detention center. For the past 15 years, the GCC has been operating The Jail In-House Program (JIP) in the Monroe County Detention Center and providing substance abuse treatment services to the inmates housed there. FDLE's RSAT grant funds support that program, which historically only served men, the vast majority of population in the jail. However, three years ago, it became apparent that a similar program was needed for female detainees, so with Byrne JAG funding, this female JIP program began. Most of the women in the program are court ordered by the Drug Court, Circuit Court and County Court Judges in Monroe County. Some are volunteers who meet criteria for drug/alcohol treatment and will be in the county jail a minimum of 182 days. In addition to the GCC's experience, the JIP Program was evaluated by the Commission on Accreditation of Rehabilitative Facilities (CARF)for accreditation. The Jail In-House Program met all CARF standards and received recognition for its positive relationships between correctional staff and treatment/clinical staff. The process of accreditation has Application Ref# 2013-JAGC-1972 Section #2 Page 2 of 6 Contract 2013-JAGC-MONR-1-D7- Rule Reference 11D-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department CfLaw EDh]nce0Sn JUGUO9 Assistance Grant - County-wide strengthened assessment and treatment. The program's services will be delivered by a Substance Abuse Treatment Counselor, who will implement the activities, perform client intake and assessment, provide substance abuse and recovery support sercies, monitor client program and assist with the development of individualized treatment plans, Each female participant in the J|P program reoievoaaclient-centered individualized treatment plan. These plans are developed in partnership with the program participant. They also include a Global Assessment of Individual Needs (GAIN) instrument which provides a comprehensive assessment of client needs and assists in developing a person-centered Wellness Plan. - Admission policies are welcoming to individuals with co-occurring disorders, learning disabilities, illiteracy, aa well aa Spanish speaking inmates. This allows access for all who might otherwise not receive services. (The current counselor is bi-lingual and can serve the Hispanic population.) For co-occurring clients, a Mental Health Status Assessment identifies impairments in functioning. If identified as having a possible mental health issue, the client receives a referral to a mental health counselor and the Prison Health Services Psychiatrist as well as participating in services to address the substance use disorder and criminal thinking and behavior. Guidance Care Center conducts random drug testing(urine analysis)for JIP participants and positive tests result in3O days in lock-up and o return | court for'ud�oio| review of the case. TeatsuaedarethoReditest1Opene|dipnbokstaadngforarnphm' rnino. bonzodiozepines. oocaine, opiates, synthetic opiates, THC. PCP. barbiturates, K4DK4Aand methadone. The program also has o relationship with the local drug court to run tests on their machine iftest results are questionable. Program services are delivered using an evidence based practice Cognitative Behavioral Therapy (CBT) curriculum entitled "Substance Abuse and Criminal Conduct: Strategies for Self Improvement and Change Pathways to Responsible Living" authored by Harvey Milkman and KennethVVmnberg. Throughout the treatment episode participants use a client workbook that belongs tnthem. Treatment in the inooncaraUvesetting incorporates trauma-informed and gender -responsive treatment to promote the healing and teaching of the human spirit. These relational models support the development of healthy relationships with self, significant others and the community at large in order to reduce the risk of relapse and recidivism. Staff uses individual and group formats tn deliver core services. Aa participants move through the program they learn to facilitate group gatherings for such activities as morning aOirmotinnn positive acknowledgement and neoognition, positive slip groups where pa�/oipanto share ' experiences of"catching"each other in random acts of kindness and evening gratitude wrap ups. The specific components ofthe treatment services include: * Education about addiction and the consequences of criminal behavior through therapeutic experiences *pp/manonxa/ 2013-JAGC'1972 Section #2 Page 3 of 6 Contract 2Q13-JAGC-N1DNR-1-D7- nv|*Reference I,0000soo,JG-onn(rev,Apmn000) Application for Funding Assistance Florida Department Of Law Enforcement Justice Assistance Grant - County-wide ~ Teaching and learning about healthy ways of thinking, feeling, and acting inan atmosphere of mutual respect * Trauma-informed care, acknowledging the pain and violence in the person's past and offering healthy alternatives for the future A range of informational, emotional, and behavioral options to shape safe and productive futures Emphasis on the ability to feel and express feelings that, in turn, increases a sense of self-worth ~ Improving abilities to cope with their children and the world around them ^ Emphasis nn physical and emotional wellness ° Parenting education and practice ° Learning, developing, and practicing positive coping skills. ^ Developing and beginning to implement e realistic and hopeful life plan. ° Continuum nf care supports participants bv ~ and m)nndinaUngafbancape/nth �~ connmunityand though 12-ntep/suppod group involvement. Treatment and education are provided across the following spectrum of issues: Chemical Dependency ° Criminal Thinking and Destructive Behavior ° Healthy Relationships ° Financial ~ Employment ~ Physical and Mental Health Relapse Prevention Family Dynamics Domestic Relations ^ Parenting and Child Development ° Spirituality °Community Connectedness Treatment iaa minimum of six months, with the possibility nf lasting one yoar Guidance Care Center helps to provide linkages ho aftercare nerv�eoand other community —resources husupport on-going recovery and decrease the likelihood ofnaoidiviam (After .ctbe funded by Byrne Grant hundn.) � ''" Case management documentation will consist of staff time sheets and activity logs that will |nlcude staff name and id number, description of the activity, the dient/partici pant name and id number, the duration ofthe activity and the date mfthe aoUvity. The audit docunnontaitonmay include a combination of the following: client/participant servicedocumentation, o|��n�oaoefi|ea client names, types aerv�oodotan duration ' , . . n program rn�teha|e Monroe County requires that all reimbursement requests from our p providers by notmhzedmtatennentaMeaUngto the accuracy of - - Contract 2013-JAGC-MONR-1-D7- nv|e Raterenow {Io'a,00nocJo-oos(m,.A»m000s) Application for Funding Assistance Florida Department Of Law Enforcement JuSUceASSiatanCeGnsnt - COuntv-w/ide the request, and specific, verifiable documentation including staff time sheets and payroll records. In addition providers are required to provide ooae fi|oa, activity raoonja, attendance neoordo, etc, for audit and verification purposes. Contract 2013-JAGC-K8(}NR-1'D7- nuit,Reff-fwnc°||o-mom*oCJo'nna(mv.April 000a) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant- County-wide 9^ Section Questions: Question: Does the Subgrantee receive a single grant in the amount of$500,000 or more from the U.S. Department of Justice? Answer: No Question: Does the Implementing Agency receive a single grant in the amount of$500,000 or more from the U.S. Department of Justice? Answer: No Question: Part 1: In your business or organization's preceding completed fiscal year, did your business or organization (the subgrantee) receive (1)80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? If yes, answer"yes"or"no"to Part 2, below. Answer: No Question: Part 2: Does the public have access to information about the compensation of the executives in your business or organization (the subgrantee)through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))or section 6104 of the Internal Revenue Code of 1986? If answer to Part 1, above, was"no,"answer N/A. Answer: NA Application Ref# 2013-JAGC-1972 Section #2 Page 6 of 6 Contract 2013-JAGC-MONR-1-D7- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 004 - Corrections and Community Corrections Programs State Purpose Area: A-Accomplishments: Includes any accomplishments during the reporting period. Activity Description Activity: Substance Abuse Treatment Target Group: Females-Adult* Geographic Area: Rural Location Type: County Jail Address(es) : Monroe County Detention Center College Road Key West , FL 33040 Activity Description Activity: Group Therapy Target Group: Females -Adult* Geographic Area: Rural Location Type: County Jail Activity Description Activity: Drug Testing Target Group: Females -Adult* Geographic Area: Rural Location Type: County Jail Activity Description Activity: Counseling Target Group: Females -Adult* Geographic Area: Rural Location Type: County Jail Activity Description — -- Activity: Psycho-Social Assessment Application Ref# 2013-JAGC-1972 Section #3 Page 1 of 5 Contract 2013-JAGC-MONR-1-D7- Rule Reference 11 D-9,006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Target Group: Females-Adult* Geographic Area: Rural Location Type: County Jail Objectives and Measures Objective: Al - Report on program accomplishments Measure: Part 1 Please briefly describe what your program's accomplishments will be. Please include any benefits or changes to be observed as a result of JAG-funded activities, such as program completion, or changes in attitudes, skills, knowledge, or conditions. [500-character limit] Goal: The Monroe Board of County Commissioners anticipates funding the Female Jail In- house Program (JIP)which provides comprehensive treatment services in a controlled environment. Grant funds will provide assessments, substance abuse services, drug testing, case management, and individual and group counseling. Objective: A2 - Report on usage of crimesolutions.gov Website Measure: Part 1 Will you be using the crimesolutions.gov website? Goal: No Objective: A3 - Report on subgrants from grantees other than FDLE Measure: Part 1 Are you a subrecipient of a JAG award from another JAG grantee (other than FDLE)?A Grantee can be a primary recipient of a JAG award from BJA and a subrecipient of a JAG award from another JAG award primary recipient. Goal: No Measure: Part 2 If yes, enter grantee organization or agency name. Goal: NA State Purpose Area: CR -Corrections and Community Corrections: Includes community corrections and corrections services provided and the individuals served. Activity Description - Activity: Corrections and Community Corrections '� y Target Group: Corrections and Community Corrections Geographic Area: Rural Application Ref# 2013-JAGC-1972 Section#3 Page 2 of 5 Contract 2013-JAGC-MONR-1-D7- Ruip Rpfererxc;e t t D-19,006 0(',JG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Location Type: County Jail Objectives and Measures Objective: CR1 - Report on JAG funding allocated for corrections and community corrections Measure: Part 1 How much JAG funding has been allocated for corrections and community corrections services? Please report in dollars ($). Goal: 16,500.00 Objective: CR2- Provide corrections and community corrections services Measure: Part 1 Will you provide cognitive based corrections and community corrections services during the reporting period? Cognitive-Behavioral services include therapeutic programs used to change criminal thinking and behavior. Examples include Moral Reconation Therapy (MRT), Think for a Change (T4C), or Aggression Replacement Training (ART). Goal: Yes Measure: Part 2 Will you provide educational corrections and community corrections services during the reporting period? Educational services foster knowledge by helping participants develop daily life skills that can enhance their opportunities. Goal: Yes Measure: Part 8 Will you provide substance abuse corrections and community corrections services during the reporting period?Substance abuse services include substance abuse education, treatment, or aftercare services. Goal: Yes Objective: CR3- Serve participants in a corrections and community corrections program Measure: Part 1 Of all corrections and community corrections programs to be provided, how many TOTAL participants will you serve? Goal: 30 Measure: Part 2 Of all corrections and community corrections programs to be provided, how many NEW participants will you serve? Application Ref# 2013-JAGC-1972 Section #3 Page 3 of 5 Contract 2013-JAGC-MONR-1-D7- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Goal: 30 Measure: Part 3 Of the individuals to be served, how many participants will complete the program? The number entered should represent only those participants who successfully completed all the requirements of the program during the reporting period. Goal: 25 Objective: CR4 - Provide evidence-based corrections and community corrections services Measure: Part 1 Will your corrections and community corrections program provide evidence-based services? Evidence-based programs and practices are those demonstrated by the research literature to be effective at reducing substance use among court-involved individuals (generally obtained through one or more outcome evaluations). Goal: Yes Measure: Part 2 If yes, please enter the number of evidence-based services to be provided by your program that fit the crimesolutions.gov definition of Effective: "Programs have strong evidence indicating they achieve their intended outcomes when implemented with fidelity." Goal: 1 Application Ref# 2013-JAGC-1972 Section #3 Page 4 of 5 Contract 2013-JAGC-MONR-1-D7- Rule Reference 11 D-9 006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: If"other"was selected for the geographic area, please describe. Answer: NA Question: If'other"was selected for location type, please describe. Answer: NA Application Ref# 2013-JAGC-1972 -- Contract 2013-JAGC-MONR-1-D7- Section 43 Page 5 of 5 Rule Reference 1 1 D-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Flnancial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR/Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $16,500.00 $0.00 $16,500.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 --Totals -- $16,500.00 $0.00 $16,500.00 Percentage 100.0 0.0 100.0 Project Generated Income: Will the project earn project generated income (PGQ ? No Application Ref# 2013-JAGC-1972 Section#4 Page 1 of 4 Contract 2013-JAGC-MONR-1-D7- Ru1e Reference 11 D-9 006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Budget Narrative: CONTRACTUAL SERVICES: The Guidance Care Center will provide approximately 743.6 hours of substance abuse services including substance abuse counseling (individual and group), case management, and drug testing to females incarcerated at the Monroe County Detention Center.Services will be provided by a Substance Abuse Counselor, Unit: 1 Service Hour Unit Cost: $22.19 Unit cost Budget: 743.6 units of substance abuse services and case management @ $22.19 per unit Unit Cost Calcuation: $22.19 x 743.6 = $16,500 TOTAL PROJECT BUDGET: $16,500 Unit Cost was established by contracted service provider in June 2012, CONTRACT: Monroe County will execute a contract with Guidance Care Center for the period of October 1, 2012 through September 30, 2013 to cover the grant period. A copy of the executed contract will be sent to FDLE. Application Ref# 2013-JAGC-1972 Section #4 Page 2 of 4 Contract 2013-JAGC-MONR-1-D7- Rufe Reference 11 D-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide Section Questions: Question: If salaries and benefits are included in the budget as actual costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the previous Byrne program? Answer: NA Question: If benefits are to be included, are they reflected in the budget narrative? Answer: NA Question: Indicate the Operating Capital Outlay threshold established by the subgrantee or implementing agency, if it is the sheriffs office. Answer: $1,000 Question: If indirect cost is included in the budget, indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Answer: NA Question: If the budget includes services based on unit costs, provide a definition and cost for each service as part of the budget narrative for contractual services. Include the basis for the unit costs and how recently the basis was established or updated. Answer: The basis for the unit cost is staff salaries assigned to the program, plus the cost of treatment workbooks and urine drug tests. A. Personnel: Substance Abuse Counselor P/T= $13,765 (Provides substance abuse services including assessments, provide substance abuse case management services, drug testing, individual and group counseling.) B. Benefits for P/T Counselor = 1,053 (Benefits include payroll tax(FICA)at .0765; other benefits paid for employee will not be paid by this grant.) C. Travel = 0 D. Equipment = 0 E Supplies: $1,682 (Supplies = $1,200 for Workbooks and $482 for Urine Drug Tests) UNIT COST CALCULATION Unit Cost = 1 Service Hour Total Units = 743.6(approx.) Unit Cost= $22.19 (rounded) Application Ref# 2013-JAGC-1972 Section#4 Page 3 of 4 Contract 2013-JAGC-MONR-1-D7- Rule Reference 11 D-9.006 OCJG-005(rev.April 2005) Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide TOTAL BUDGET: $ 16,500 TOTAL UNITS: 743.6 TOTAL COST PER UNIT: $22.19 Unit cost was provided by contracted provider, June 2012. Afs��lication Ref# 2013-JAGC-1972 Section#4 rage 4 of 4 Contract 2013-JAGC-MONK-1-D7-242 Rule Reference I ID-9,006 OC.JG-005(rev.April 2005) Edward Byrne Memorial Justice Assistance Grant(JAG) Program Florida Department of Law Enforcement Conditions of agreement requiring compliance by units of local government(subgrant recipients), implementing agencies, and state agencies upon signed acceptance of the subgrant award appear m this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions ofthis agreement will result in required corrective action upto and including project oostobeingdismUmxadandtenninationofthe project, as specified in item 18 of this section, 1. All Subgoant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide (Financial Guide) ) and the Edward Byrne Memorial Justice Assistance Grant(JAG) program guidance regulations, policies, guidelines and requirements and Florida laws and regulations including but not limited to: ^ Florida Administrative Code,Chapter 11D-9,"Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program": ° Office of Management and Budget(0k0B) Circulars: o /\'21 (2CFR220)' "Cost Principles for Educational Institutions" o A-87 (2CFR22S), "Cost Principles for State, Local and Indian Tribal Governments" o A-102, "Grants and Cooperative Agreements with State and Local Governments" o A-118(2 CFR31S)^ "Uniform Administrative Requirements for Grants and Cooperative Agreements" o A-122 (2 CPR230), "Cost Principles for Non-Profit Organizations" o A-133, "Audits of States, Local Governments, and Non-Profit Organizations" • Code of Federal Regulations: o 2 CFR 175.15(b), "Award Term for Trafficking in Persons" o 2DCFR|3Q, "Equal Treatment for Faith-Based Organizations" o 28CFR 6G, ''U'S. Department of Justice Common Rule for State And Local Governments" (Common Rule) o 28 CFR83, "Govern mnmnt-VV7de Requirements for Drug-Free Workplace(Granto)" o 2DCFR18. 22. 23. 3B, 3S' 42, G1' and 63 ° Public Law 109-162, Title XI—Department of Justice Reauthorization, Subtitle B—limproving the Department of Justice's Grant Programs, Chapter 1--Aesisting Law Enforcement and Criminal Justice Agencies, Sec. I111. Merger of Byrne Grant Program and Local Law Enforcement Block Grant Program: ' ° United States Code: o 42 U.S.C. 3711 etseq', "Omnibus Crime Control and Safe Streets Act mf1S6D° • State of Florida General Records Schedule GS1'SL for State and Local Government Agencies: . 2. Requirements for Contractors ofSubQrantRecipients The subgnsnt recipient 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 (42 U�S.C� 3711 etseq at ); the provisions of the current edition of the Office ofJustice Programs Financial Guide ( )� and all other applicable State and Federal |ovva, orders, cirnu|ara, or regulations. SFY2813 PagmY Edward Byrne Memorial Justice Assistance Grant(JAG) Program Florida Department of Law Enforcement ' 3' Allowable Costs a, Allowance for costs incurred under the subgrant shall be determined according to the general principles and standards for selected cost items sat forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Cirou|arA,87. "Cost Principles for State, Local and Indian Tribal Governnnente." or OMB Cirou|arA-21. "Cost Principles for Educational Institutions." b� All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department ofJustice Common Rule for State and Local Governments, or OMB Circular 4r110. or OMB Circular 4r1O2. and Florida law tobo eligible for reimbursement, 4. Reports a� Project Performance Reports (1) Reporting Time Frames: The oubgrant recipient shall submit Quarterly Project Performance Reports to the Florida Department of Law Enforcement, hereafter known as the Department, within fifteen (15) days after the end of the reporting period. In addition, if the subgrant award period is extended beyond the"original" project period, additional Quarterly Project ParformanooReportoeho|| booubmitted. Failure to submit Quarterly Performance Reports that are complete, accurate, and timely may result in sanctions, as specified in item 18, Performance of Agreement Provisions, (2) Report Contents: Performance Reports must include response to all objectives included in your subgnant. Adotai|edreeponseisnaquirodinthonarrativoportionhoryes/no performance objectives. The narrative must also reflect on accomplishments for the quarter and identify problems with project implementation and address actions being taken to resolve the problems. Additional information may borequired if necessary to comply with federal reporting requirements. (3) Submission: Performance Reports may bosubmitted by the Project Director, Application Manager, or Performance Contacts. b. Financial Reports (1) Project Expenditure Reports (a) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Project ExponditunoRepodtotheDopartment. Project Expenditure Reports are due thirty (3O) days after the end of the reporting period. |n addition, if theoubgnant award period io extended, additional Project ExponditunaRepohsohoU be submitted, Project Expenditure Reports for grants made under the Recovery Act must be submitted monthly. See the Recovery Act Conditions for additional information, (b) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on the Project Expenditure Report Forms prescribed and provided by the Office of Criminal Justice Grants (OCJG) through the Subgrant Information Management ON-line (S|MDN) system. (o) All Project ExpanditunoReportamhaUbesubmittedineuffioientdetai| forproperpns- auditandpoat-oudit, (d) Before the "final" Project Expenditure Report will be processed, the subgrant recipient must submit ho the Department all outstanding project reports and must 8FY2QY3 Page Edward Byrne Memorial Justice Assistance Grant(JAG) Program Florida Department of Law Enforcement have satisfied all special conditions. Failure ho comply with the above provisions shall result in forfeiture ofreimbursement. (a) Reports are toba submitted even when no reimbursement ie being requested. (f) The report must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. (2) Financial Closeout Audit (a) 'The Financial Closeout Audit shall be submitted to the Department within forty-five (45) days of the aubgnsnt termination date. (b) The Financial Closeout Audit must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee, (3) Project Generated |noomo (PG|) (a) If applicable, the eubgnsnt recipient shall submit Quarterly PG| Earnings and Expenditures Reports to the Department within thirty(30) days after the end of the reporting period covering eubgnant project gonenahadinoonnoandexpendituneo during the previous quarter. If any P8| remains unspent after the oubgoant endo, the subgrant recipient must continue submitting quarterly PGI reports until all funds are expended. (See Item 11. Program Income.) (b) PGI Earnings and Expenditures reports must be electronically signed by the subgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee. o. Other Reports The subgrant recipient shall report to the Uniform Crime Report and other reports as may be reasonably required by the Department. - 5. Fiscal Control and Fund Accounting Procedures a. All expenditures and cost accounting of funds shall conform to the Office of Justice Programs Financial Guido. the Common Rule, and D[NB Cirou|arsA-21. A-87. and A-110. or A-102 as app|ioab|e, in their entirety. b The subgrant recipient is required to establish and maintain adequate accounting systems and financial records and to accurately account for funds awarded to them. As a subgrant recipient, you must have a financial management system in place that is able to record and report on the receipt, obligation, and expenditure of grant funds. An adequate accounting system for asubgrant recipient must be able toaccommodate a fund and account structure to separately track naceipta, expenditures, aeaets, and liabilities for awards, prognams, and subgrontr*cipienty c All funds spent on this project sha|| bodioburaeda000dingtoprovio|oneofthepro]aot budget as approved by the Department. d All funds not spent according to this agreement shall be subject to repayment by the subgcant recipient. SFY2O/3 Page Edward Byrne Memorial Justice Assistance Grant(JAG) Program Florida Department of Law Enforcement 6' Payment Contingent on Appropriation and Available Funds The State of Florida's performance and obligation to pay under this agreement is contingent upon on annual appropriation by the Florida Legislature. Furthermore, the obligation ofthe State of Florida to reimburse oubgrant recipients for incurred costs is subject ho available federal funds. 7. Obligation mYSubQrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the oubQnantperiod. Only project oostsinourredonVrofter the effective date and on or prior to the termination date of the subgrant recipient's projectare eligible for reimbursement. All payments must be completed within thirty (30) days of the end of the subgnantperiod, 8. Advance Funding Advance funding may be provided to a subgrant recipient upon a written request to the Department. The request must bo electronically signed by the subgrant recipient orimplementing agency's chief financial officer or the chief financial officer's designee. 9. Trust Funds a. The unit of local government must establish a trust fund in which to deposit JAG funds. The trust fund may or may not boan interest bearing account. b� The account may earn intorast, but any earned interest must bo 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 the Bureau of Justice Assistance. - 18. Travel and Training The cost ofall travel shall be reimbursed according to the subgnant recipient's written travel policy. If the subgrant recipient does not have a written travel policy, cost of all travel will be reimbursed according to§ 112�OG1. Fla. Stot. 11. Program Income (also known as Project Generated Income) a. All income generated aoa direct result ofaoub0rant project sha|| bodeomodprognam income. b, Any project that will potentially earn PG| must submit an Earnings and Expenditures Report to report how much PG| was earned during each quarter, A report must be submitted each quarter even ifnoPG| was earned orexpended. PG| Earnings and Expenditures reports must be electronically signed by the nubgrant recipient or implementing agency's chief financial officer or the chief financial officer's designee, o� PGI expenditures require prior written approval from the Office of Criminal Justice Grants. Program income must be used for the purposes uf and under the conditions applicable to the award. |f the cost is allowable under the Federal grant program, then the cost would be allowable using program income. PG| budget requests must be signed by the subgront recipient o/implementing agency's chief financial officer orthe chief financial officer's designee d. Program income should bo used ao earned and expended ae soon aapossible, Any unexpencled PGI remaining at the end of the Federal grant period must be submitted to the Office of Criminal Justice Grants for transmittal to the Bureau of Justice Assistance, SFY2GY3 Puye4 Edward Byrne Memorial Justice Assistance Grant(JAG) Program Florida Department of Law Enforcement 12' Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when the consultant's rate exceeds$450 (excluding travel and subsistence costs) for an eight-hour day. A detailed justification must bo submitted to and approved byFDLEprior to obligation or expenditures ofsuch funds. Approval shall be based upon the contract's compliance with requirements found in the Financial Guide, the Common Ru|o, and in applicable state statutes. The Department's approval of the subgnant recipient agreement does not constitute approval of consultant contracts. If consultants are hired through a competitive bidding process (not sole anuroe)' the $450 threshold does not apply. 13. Property Accountability a, The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or dispose ofit pursuant to§ 274. Fla. Stat. b, The oubgrant recipient shall establish and administer system to prnteot, pnesamo, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-1 10 or A-1 02, as applicable. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 14. Ownership ofData and Creative Material Ownership of material, dieoovorios, inventions, and naou|hs deve|opod, produood, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Programs Financial Guide (as annandod), and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-1 10 or A-1 02, as applicable. 15. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, pub|inh, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award oraubawand. and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 16. Publication or Printing ofReports The aubQnant recipient shall submit for review and approval one copy of any curricula, training materials, or any other written materials that will be published, including web-based materials and web site content, through funds from this grant at least thirty (30) days prior to the targeted dissemination date, All materials publicizing mr resulting from award activities shall contain the following statements, "This project waesuppodedbyGnantNo. kznbeut the Office nf Criminal Justice Grants for award number) awarded by the Bureau of Justice Assistance, The Bureau of Justice Assistance is a component of the Office of Justice Pnognamo, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S, Department of Justice," Edward Byrne Memorial Justice Assistance Grant(JAG) Program Florida Department of Law Enforcement 17. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 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 ao 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 subgnont recipient shall submit an annual financial audit that meets the requirements of § 11.45. Fla. Stat. . "Definitions; duties; authorities; reports; rules."; G 215,97. Fla. Stat, "Florida Single Audit Act ; and Rules of the Auditor General, Chapter1O.550. ^Looa| Governmental Entity Audits" and Chapter 10.650, "Florida Single Audit Act Audits Nonprofit and For-Profit Orgonizations," b� A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its oornp|adon, but no later than nine (9) months after the audit period. 1n order tobe complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted bythe Department. c The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA), The IPA shall be either a Certified Public Accountant ora Licensed Public Accountant. d� The subgrant recipient shall take appropriate corrective action within six(G) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e� The subgrant recipient shall ensure that audit working papers are made available to the Department, or its daoignee, upon request for a period of three (3) years from the date the audit report io issued, unless extended in writing by the Department. f, Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year, In this case, written notification, which can be in the form of the"Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient |sexempt. This notice shall ba provided to the Department no later than March 1 following the end of the fiscal year. g, If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified inon audit completed after such closeout. h The completed audit report or written notification of audit exemption should be sent tothe following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 323U8 18. Performance of Agreement Provisions In the event Vfdefault, non-compliance or violation of any provision of this agreement by the subgrantreoipient. the subgnant recipient's consultants and supp/iers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, tarrninabon, or suspension of the agreement in whole or in part. In such event. the Department SFY2O13 paged Edward (JAG) Program Florida Department of Law Enforcement shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction, The subgnant recipient shall ba paid only for those services satisfactorily performed prior to the effective date of such sanction. 19. Commencement ofProject a. If a project is not operational within 60 days of the original start date of the award period, the subgnant recipient must report by letter to the Department the steps taken to initiate the project, the reasons for delay, and the expected start date. b� |fo project isnotopansUona|vvithinQOdaysofthaorigina/ otartdoteoftheavvardpehod. the subgrant recipient must submit a second statement to the Department explaining the implementation delay, o. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its diooradon, unilaterally terminate this agreement and re- obligate eubonant funds to other Department approved projects. The Department, where warranted by extenuating oinounnsbsnoeo, may extend the starting date of the project past the ninety (90)day period, but only by formal written adjustment to this agreement. 20. Excusable Delays a. Except with respect to defaults of consultants, the subgnant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantrecipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign _ or contractual oapaoity, fireo, f|oodo, epidonnino, quarantine naotriotions, strikes, freight embarQoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The eubgrant recipient failed to reasonably comply with such order, o, Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly, 21. Written Approval of Changes in this Approved Agreement(Grant Adjustments) a. SubQrant recipients must obtain prior approval from the Department for major substantive changes such as changes in project activities, target populations, service providers, implementation sohedu|es, project director, and designs orresearch plans set forth in the approved agreement and for any budget changes that will transfer more than 10% of the total budget between budget categories, SFY2O13 Page Edward Byrne Memorial Justice Assistance Grant(JAG) Program Florida Department of Law Enforcement b Subgnant recipients may transfer upto 1096 of the total budget between ourront, approved budget categories without prior approval as long as the funds are transferred to an existing line item o� Under no circumstances can transfers of funds increase the total budgeted award. d. Requests for changes to the subgrant agreement must be electronically signed by the oubgrant recipient or implementing agency's chief official or the chief official's designee. e. Any certifications required for the requested changes, such as Sole Source, ADP Justification, Privacy Certification forms, and Confidential Funds certifications, must be signed by the subgrant recipient or implementing agency chief official or someone with formal, written signature authority for the chief official. 22. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, dioagreannenta, or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The oubgront recipient shall proceed diligently with the performance ofthis agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk(agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in § 120, Fla. ShaL, and in procedures set forth in Rule 28-100.104. Florida Administrative Code, Failure to appeal within this time frame constitutes a waiver ofproceedings under§ 120' Fla. Gtat. 23. Conferences and Inspection ofWork Conferences may ba held at the request of any party to this agreement. At any time, a representative of the Department, of the UG. Department of Justice, or the Auditor General ofthe State of Florida, have the right of visiting the project site to monitnr, inspect and assess work performed under this agreement. 24. Access to Records a� The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. - Department of Justice, the U,S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the Financial Guide and the Common Rule. h. The Department reserves the right to unilaterally terminate this agreement if the subgran1 recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, |etters, or other materials subject to provisions of§ 119. Fla. Stat,, and made or received by the subgrant recipient or its contractor in conjunction with this agreement, c The subgrant recipient will give the awarding agency or the General Accounting Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 25. Retention ofRecords The subgront recipient shall maintain all records and documents for minimum of five (5) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. The subgrant recipient shall comply with State of Florida General Records Schedule GS1-SL for State and Local Government Agenoieo� , SfY2U/3 Page Edward Byrne JAG Florida Department of Law Enforcement 26. Personnel Changes Upon implementation of the project, inthaeventthareisechangainChiefOffioia|sforthe Subgnant recipient or Implementing Agency, project staff must notify the help desk for FDLE'o online grants management system, S|K8{}N (Subgnant Information Management Online) so that the organization can be updated inS|K8DN |f the project direoborchangae. a-gnontacUustmant must be entered inS/MONto reflect the change. 27. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by |avv, the provisions of§435. Fla. Stat. shall apply. a. All positions in programs providing care to ohildren, the developmentally dioab|ed, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions uf the central abuse hotline; and all persons working undaroontnaotvvhohove access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to §435. Fla. Stad., using the level 2 standards set forth in that chapter. b, All employees in positions designated by |uvv as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the suboeotion, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and ohaoko in this oubseotion, statewide criminal and juvenile records checks through the Florida Department of Law Enforoemant, and federal criminal records checks through the Federal Bureau of |nvastigation, and may include |noa|criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed, (2) Such background investigations shall be conducted at the expense of the employing agency or employee. When fingerprinting is raquined, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department ofLaw Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing uf the fingerprints. 28. Drug Court Projects 4 Drug Court Project must comply with § 307 334. Fla. Stot.. "Treatment-Based Drug Court Programs," 28. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction, The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. SFY20Y3 Page Edward Byrne Memorial Justice Assistance Grant(JAG) Program Florida Department of Law Enforcement 30. Criminal Intelligence System The subgrant recipient agrees that any information technology system funded or supported by the {)Uioe of Justice Programs funds will comply with 28 C.F.R. Pmrt23. Criminal Intelligence Systems Operating Policies, if the Office of Justice Programs determines this regulation to be applicable. Should the Office of Justice Programs determine 28C.F.R. Part 23hobe applicable, the Office of Justice Programs may, at its discretion, perform audits of the system, as per 28 C,F�R. 2320(g). Should any violation of28 C.F.R, Part 23occur, the eubgnant recipient may be fined aa per 42U.8.C. 3789g(o)-(d). The oubgnant recipient may not satisfy such a fine with federal funds. 31. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of the Office of Justice Programs Financial Guide is required from all projects that are involved with confidential funds. The signed certification must be submitted at the time of grant application. 32. Civil Rights Compliance a Federal laws prohibit recipients of financial assistance from discriminating on the basis of naoe, oo|or, national ohgin, re|igion, oex, disabi|ity, or age in funded programs or activities. All subgrant recipients, implementing agencies, and contractors must comply with any applicable stat utori ly-i m posed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of1SG8 (42US.C. § 378Sd); the Victims of Crime Act(42 US.C� § 1OGO4(e)); The Juvenile Justice and Delinquency Prevention Act of2OD2 (42U.S.C. § 5G72(b)); the Civil Rights Act of1S64 (42U.S.C. § 2OOOd); the Rehabilitation Act of1Q73 (29 U.S.C. § 7 94); the Americans with Disabilities Act of1S9O (42 U.S,C. § 12131-34); the Education Amendments of1B72 (2OUS.C. §§1G81. 1083. 1085-8G); the Age Discrimination Act of1Q75 (42U.S.C. §§ O1O1-O7); and Department of Justice Non-Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith- based and community organizations). b. FDLE does not discriminate on the basis ofrace, co/or, naUgion, national origin, sex, disabi|ih/, or age in the delivery of services or benefits orinemployment. r. Subgrant recipients are responsible for ensuring that contractors, vendors, and agencies to whom they pass-through funds are in compliance with all Civil Rights requirements and that the contractors, vendors, and agencies are aware that they may file a discrimination complaint with the subgrant recipient, with FDLE. or with the {}Mica for Civil Rights and how to do so. d. Equal Employment Opportunity Plans (1) A subgrant recipient or implementing agency Must develop an EEO Plan if it has 50 or more employees and it has received any single award of$25.00O or more from the Department ofJustice. The plan must be prepared using the on-line short form at . must be retained by the subgrant recipient mrimplementing agenoy, and must be available for review oraudit. The organization must also submit an EEO Certification toFDLE. (2) If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of$500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval, A copy of the Department o[Justice approval letter must ba submitted toFOLE. The approval letter expires two years from the date of the letter. SFY2O/3 Poge /O Edward Byrne Memorial Justice Assistance Grant(JAG) Program Florida Department of Law Enforcement (3) A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of$25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, oran Indian Tribe. |fan organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FOLE. (4) The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time aeitie in compliance. e. In the event B Federal or State court or Federal or State administrative agency makes a finding of discrimination after adue process hearing on the grounds of naoa, oo|or, ra|igion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to FDLE and to the Office for Civil Rights, Office of Justice Programs. f� In accordance with federal civil rights |avvs, thesubgnant recipient shall not retaliate against individuals for taking action or participating in action to enouna rights protected by these laws. Q, Subgrant recipients must include comprehensive Civil Rights/Non discrimination Provisions in all contracts funded by the oubgnsntrecipient. h. If the subgrant recipient or any of its employees, contractors, vendors, or program beneficiaries has a discrimination complaint, they may file a complaint with the subgrant recipient. with FOLE or with the Office for Civil Rights. Discrimination complaints may be submitted to FOLE at Office of the Inspector General, P.O. Box 1489. Ta/|ahasaoe, Florida 323O2-148Sor on-line at . Discrimination complaints may also be submitted to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 810 7 1h Street, NW, Washington, DC 20531, by phone at (202)307-0090. i The oubgrant recipient must have procedures in place for responding to discrimination complaints that employees and o|ients, oustomare, and program participants file directly with the aubgnantrecipient. Any discrimination - 'withFDLE will be i.ew8dbyFOLE's |nspadorGenens| ' - and referred to the Office for Civil Rights. the Florida Commission on Human Relations, or the Equal Employment Opportunity Connnniosion, based on the nature of the complaint. k� Americans with Disabilities Act Sub8nant recipients must comply with the requirements of the Americans with Disabilities Act (AOA). Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment(Title 1), state and local government services and transportation (Title 11), public accommodations (Title U/), and telecommunications (Title |\). i Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of19G4. 42U�G.C, § 2OOOd. recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individua|s, please see thewebsita atwwwLker.qlv. 0FY2O/3 Page // Edward Byrne Memorial Justice Assistance Grant(JAG) Program Florida Department of Law Enforcement m, Equal Treatment for Faith Based Organizations The subQnant recipient agrees to comply with the applicable requirements of28C.F,R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the"Equal Treatment Regu|stinn"). The Equal Treatment Regulation provides in part that Department ofJustice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruotion, or pnooe/ytizadon. Recipients of direct grants may still engage in inherently religious aobvities, but such activities must be separate in time or place from the Department of Justice funded pnogoann, and participation in such activities by individuals receiving services from the grantee ora sub-grantee must bevoluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith-based organizations may, in some circumstances, consider religion eaa basis for employment. See , 33. Immigration 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 1324a(e). Section 274A(a) of the Immigration and Nationality Act ("|NA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the /NA. Such violation by the subgnant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract bythe Department. --- 34. National Environmental Policy Act (NEPA) a. The subAnant recipient 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 ofoubgnsnt funds by the subgrentrecipient. This applies hrthe following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrant recipient or any third party and the activity needs to be undertaken in order to use these subgrant funds. (1) New construction; (2) Minor renovation or remodeling of a property either(a) listed on or eligible for listing on the National Register ofHistoric Places or(b) located within a 100-yaarflood plain; (3) A renovation, |eooe, or any other proposed use of building or facility that will either (a) result in a change in its basic prior use or(b) significantly change its size; and (4) Implementation of new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component ofa funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. (5) Implementation of a program relating to clandestine methamphetamine laboratory oparotionm, including the identifioodon, oaizure, or closure of clandestine methamphetarnine laboratories, b, The subgrant recipient 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 uf Justice Assistance, The subgnsnt recipient further understands and SFY20/3 Paye /2 Edward Byrne Memorial Justice Assistance Grant(JAG) Program Florida Department of Law Enforcement agrees to the requirements for implementation of a Mitigation Plan, as detailed by the Department ofJustice at . for programs ns|aUnQ to matharnphabamine laboratory operations. o. For any of a subgrant recipient's existing programs or activities that will be funded by these aubgranta, the aubQnontrecipient, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with the Department of Justice in any preparation by Department of Justice of a national or program environmental assessment of that funded program oractivity. 35. Noo-Proourernent. Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension and 2 CFR 180, "OMB Guidelines To Agencies On Governmentwide Debarment And Suspension (Non procurement)"These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is dubarnad, ouopanded, declared ineligible oriS voluntarily excluded from participating in this covered transaotinn, unless authorized by the Department. |f the oubgrantis $1OO.000o,more, the subgrant recipient and implementing agency certify that they and their principals: m. Are not presently debarred, suspended, propcsed 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 oragency; b� Have not within a three-year period preceding this application been convicted of or had m 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, bribary, falsification or destruction of reoords, making false statements, or receiving stolen property; u. Are not presently indicted for orotherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d� Have not within o three-year period preceding this application had one or more public transactions (Fodens|. State. or local) terminated for cause nrdefault, 36. Federal Restrictions onLobbying u Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on LobbyinU" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement ofS1OO.00Oormore. b� This certification is a material representation of fact upon which reliance was placed when this agreement was made, Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by31UGC1352 Any person who fails to file the required certification is subject to a civil penalty ofnot less than $10.000 and not more than $1OO.00O for each failure tofile, o. As required by 31 USC1352. and implemented at2OCFR 6Q. for persons entering into a grant or cooperative agreement over$100,000, as defined at 28 CFR 69, the applicant certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or SFY2DY3 Page /3 Byrne Memorial Justice Assistance Grant(JAG) Program Florida Department of Law Enforcement employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agenoy. a Member of Congress, an officer or employee of Congress, oran employee o[ a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form ' LLL. "Disclosure of Lobbying Aodvities." in accordance with its instructions; (3) The undersigned shaUraquirethatthe |anguogaofthisoadfiuotionbeindudedinthe award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all subgrant recipients shall certify and disclose accordingly. 37' State Restrictions omLobbying In addition to the provisions contained in Item 36, above, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 38. Additional Restrictions onLobbying The subgrant recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Office of Justice Programs. 39. °Pay—to— Sbsy" Funds from this award may not be used to operate a"pay-to-stay" program in any local jail., Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs, "Local jail," as referenced in this condition, means an adult facility or detention center owned and/or operated by ciLy, oounty, or municipality. It does not include juvenile detention centers. "Pay-to- stay" programs as referenced in this oundition, means program by which extraordinary sen/ioas, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction, 40. Mitigation of Health, Safety and Environmental risks dealing with Clandestine KOethomnphmtarnineLaboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this oonditinn, which provides for individual site environmental assessment/im pact statements as required under the National Environmental Policy Act, a� General Requirement: The oubgrant recipient agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b, Specific Requirements: The oubgrant recipient understands and agrees that any pnm0rann or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2)-any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste from a seized laboratory's operations are placed or come to rest. SFY2O73 PageY4 Edward Byrne Memorial Justice Assistance Grant(JAG) Program Florida Department Vf Law Enforcement Therefore, the subgrant recipient further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any ofclandestine methomphebamine operations funded under this award. it will(1) include the nine. below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the nubgrant. |nso doing, the eubgrant recipient understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. (1) Provide medical screening of personnel assigned or to be assigned by the subgrant recipient tothe seizure or closure ifofclandestine methamphetannine laboratories; (2) Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrant recipient to either the seizure or closure of clandestine methamphetamine laboratories; (3) As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; (4) Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; (5) Employ qualified disposal contractors toremove all chemicals and associated g/000vvura, equipment, and contaminated materials and wastes from the site(o) of each seized clandestine laboratory; (G) Dispose of the ohamima|o, equipmant, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; (7) Monitor the transport, disposal, and recycling components of subparagraphs 5 and 6 immediately above in order to ensure proper compliance; (8) Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is nemadiated, if necessary, and in accordance with existing State and Federal requirements; and (Q) Have in place and implement a written agreement with the responsible state or local service agencies to properly respond to any minor, as defined by state |avv, at the site. 'This agreement must ensure immediate response by qualified personnel who can 0) respond to the potential health needs of any minor at the site; (ii) take that minor into protective custody unless the minor is criminally involved in the meth lab activities or is subject br arrest for other criminal violations-, (iii) ensure immediate medical testing for methamphetamine toxicity� and (iv) arrange for any follow-up medical tests, oxaminadons, or health oans made necessary as o result ofmathamphedaminetoxicity. 41. The Coastal Barrier Resources Act The sobgnsnt recipient will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act(P,L, 97-348) dated October 19, 1982 (16USC 3501 et seq.)which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. SFY2813 Page /5 Edward Byrne Memorial Justice Assistance Grant(JAG) Program Florida Department of Law Enforcement 42' Enhancement ofSecurity |f funds are used for enhancing security, the ouborant recipient agrees to: a. Have an adequate process to assess the impact of any enhancement of a school security measure that is undertaken on the incidence of crime in the geographic area where the enhancement ioundertaken. b. Conduct such an assessment with respect to each such enhancement; and, submit to the Department the aforementioned assessment in its Final Program Report. 43. Environmental Protection Agency's (EpA) list of Violating Facilities The subgrant recipient assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program 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, 44' Flood Disaster Protection Act The subgrant recipient will comply with Section 102(a) of the Flood Disaster Protection Act of 1B73. Public Law 93-234, 87Stat. Q75. 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 aaan area having special flood hazards. 45. National Historic Preservation Act It will assist the Department(if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of19GG (1MU.S.(|. §47U), Ex. Order 115S3 (identification and protection of historic propertiea). the Archeological and Historical Preservation Act of1974 (1G US.C. § 469 a-1 eteeq.). and the National Environmental Policy Act of1SO@ (42 US.C. G4321). 46. Human Research Subjects Subgrant recipient agrees to comply with the requirements of28 C,F.R. part4O 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. 47. Global Standards Package In order topromote information shoring and enable interoperabi|ity 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, eo described at: , Grantee shall document planned approaches to information sharing and describe compliance to the GGP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach iorecommended, 48. Reporting, Data Collection and Evaluation ' The subgrant recipient agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the Bureau of Justice Assistance in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored byFDLE. SFY2O/3 Page '16 Edward Florida Department of Law Enforcement 49. Privacy Certification The subgrant recipient agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Subgrant recipient further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of28 C.F.R. Part22 and, in particular, section 22,23. 50. State Information Technology Point ofContact The subgrant recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project fundedbythisgnant during the obligation and expenditures period. This ieto facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds, In additiun, the aubQrant recipient agrees to maintain an administrative file documenting the meeting uf this requirement. For a list of State Information Technology Points of Contact, goto . 51. 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 ae the communication backbone tnachieve interstate connectivity, unless the suhgnant recipient can demonstrate to the satisfaction of the Bureau of Justice Assistance that this requirement would not be cost effective or would impair the functionality of an existing or proposed |Tsystem. 52. Supplanting The subgrant recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts ofsuch funds that would, in the absence of Federal funds, be made available for law enforcement activities. 53. Conflict o7Interest The subgrant recipient 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 ofinterest, or personal gain, 54. 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 of1Q7O (42U.S.C. §4SO1etseq.). which govern the treatment of persons displaced as a result of federal and federally-assisted programs. 55. Limitations mn Government Employees Financed by Federal Assistance The subgnant recipient will comply with requirements Vf5 U 8,C. §§ 1501-08 and §§ 7324'28, whiGh 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, 56. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully or partially funded by the grant and that are expected to work solely on the grant must certify that they worked solely on the grant. The certification must beprepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee. SFY20/3 Page /7 Edward Byrne Memorial Justice Assistance Grant(JAG)--Program Florida Department of Law Enforcement 57. Additional Documentation of Personnel for Department ofFinancial Services In accordance with Section 215.971, Florida Statutes, the Florida Department of Financial Services may require documentation validation that personnel services were performed on project related activities in accordance with the contract agreement. 58. Reporting Potential Fraud,Waste, Abuse, and Similar Misconduct The eubgnant recipient must promptly refer to the Florida Department ofLaw Enforcement, [}t5ce of Criminal Justice Grants any credible evidence that a principal, employee, agent, contractor, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or2) committed a criminal or civil violation of laws pertaining to fraud, conflict of inbsrect, bhbery, gratuity, or similar misconduct involving grant funds 59. Task Force Training Requirement The subgrant recipient agrees that within 120 days of award,each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force offioer, or other task force member ofequivalent rank, will complete required online (internet- based)task force training. The training ia provided free of charge online through BJA'a Center for Task Force Integrity and Leadership ( ). All current and new task force members are required to complete this training once during the life of the avvard, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness aawell as other key issues including privacy and civil liberties/rights, task force performance moasunament, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJA'sweb site and the Center for Task Force Integrity and Leadership (,ffYvw.ctfli.orq). 60. Funds to Association of Community Organizations for Reform Now(ACORN) Unallowable Subgrant recipient understands and agrees that it cannot use any federal funds, either directly or indireuUy, in support of any contract oreubavvand to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of(}JP. 61. High Risk Sub0rantRacipientm The subgrant recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the U.S, Department o[Justice determines that the subgrant recipient isa high-risk grantee. C[ 28C.F.R pads SG' 70. 62. Text Messaging While Driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Dr|ving." 74 Fed. Reg. 51225 (October 1, 2009), the subgrant recipient is encouraged to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this subgrant and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers 63. Central Contractor Registry (CCF|) The subgrant recipient must maintain the currency of its information in the CCIR until it submits the final financial report required under this award or receives the final payment, whichever is later. This requires that the subgrant recipient review and update the information at least annually after the initial registration, and more frequently if required by changes in its information or another award term. 8F92013 Paga /8 Edward Byrne Memorial Justice Assistance Grant(JAG) Program Florida Department of Law Enforcement 64. Maximum Allowable Salary No portion of these federal grant funds shall be used towards any part of the annual cash compensation of any employee of the subgrant recipient whose total annual cash compensation exceeds 110% of the maximum salary payable to a member of the Federal government's Senior Executive Service at an agency with a Certified SES Performance Appraisal System for that year. (The salary table for SE8 employees is available at ' A subgrant recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation ia paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award ismade. 65. DNA Testing of Evidentiary Materials and Upload ofDNA Profiles boa Database If JAG program funds will be used for DNA testing of evidentiary materia|a, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CO08), by agovarnment DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non-govern mental DNA database without prior express written approval from BJA. For more information, refer to the NIJ FY 2012 DNA Backlog Reduction Program, available at . 66. |ntenoperob|m Communications Guidance Subgrant recipients that are using funds to support emergency communications activities must comply with the current SAFECOK8 Guidance for Emergency Communication (5nsnte. including provisions on technical standards that ensure and enhance interoperable communications. Emergency communications activities include the purchase of|nteropenab|e Communications Equipment and technologies such as voice-over-internet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC)Waiver Order, SAFECOM guidance can be found at � Subgrontrocipients Grantees 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 subgrant recipient shall also ensure projects support the Statewide Communication !nteroperabi|ity Plan (SC|P)and are fully coordinated with the full-time Statewide !nterVperabi|ity Coordinator(SVV|C). If any future regulatory requirement (from the FCC or other governmental entity) results in o material technical or financial change in the project, the recipient should submit associated documentation, and other material, as app|irab|e, for review by the SVV|C tu ensure coordination. Subgrant recipients must provide a listing of all communications equipment purchased with grant award funding (plus the quantity purchased of each item) to FIDLE once items are procured during any periodic programmatic progress reports, 67. Bulletproof Vests Subgrant recipients that wish to purchase vests with JAG funds must certify that law enforcement agencies receiving vests have a written "mandatory wear" policy in effect. 'This policy must be in place for at least all uniformed officers before funding can be used by the agency for vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. FAOs related to the mandatory wear policy and certifications can be found at � JAG funds maybe used to purchase bulletproof vests for an agenoy, but may not be used as the 50q6 match for purposes of the Bulletproof Vest Partnership (BVP) program. Edward Byrne Memorial J ed Assistance Program Florida Department of Law Enforcement Bulletproof vests purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice ballistic or stab standards. In add|don, bulletproof vests purchased must be American-made. The latest NIJ standard information can be found at: . 68. BJAwrFDLE Sponsored Event The subgrant recipient agrees ho participate in BJArorFDLE-sponeoredtraining e*enta, technical assistance events, or conference held by FIDLE or BJA or their designees, upon FDLE's or BJA's request. 69. Expenses Related ta Conferences, Meetings, Tna]minQa, and Other Events The aubgnant recipient agrees ho comply with all applicable laws, regu|abons, po|iciee, and guidance(including specific cost limits, prior approval and reporting requirementa, where applicable) governing the use of federal funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events. Information on pertinent|aws, regu!atione, pn|iniea, and guidance ie available ad . � ~ CERTIFICATION NORM Recipient Name and Address: Monroe County 1100 Simonton St. , Key West, FL 33040 Grant Title: Guidance Care Center: JIP Program Grant Number:2013-JAGC-1972 sward Amount: $16,500.00 Contact Person Name and Title:Lisa Tennyson, Grants Admin. Phone Number: (305) 292-4444 Federal regulations require recipients of financial assistance from the Office of Justice Programs(01P),its component agencies,and the Office of Community Oriented Policing Services(COPS)to prepare,maintain on tile,submit to OJP for review,and implement an Equal Employment Opportunity Plan(ESOP)in accordance with 28 C.F.R J§ 42,301-308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations,must prepare,maintain on tile and implement an EEOP,but they do not need to submit the EEOP to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited c.icmption from the submission requirement,must complete Section B below. A recipient should complete eirher Section A or Section B,not both. If recipient receives multiple OJP or COPS grants, please complete a form for each grant,ensuring that any EEOP recipient certifies as completed and on tile(if applicable)has been prepared within two years of the latest grant. Please send the completed form(s)to the Office for Civil Rights,Office of Justice Programs, U.S. Department of Justice, 8t0 7'" Street, N.W., Washington, D.C. 20531, For assistance in completing this form,please call (202)307- 0690 or Try (202)307-2027_ Section A- Declaration Claiming Complete Exemption from the EEOP Requirement. Please check an the hoses that uppiv. ❑ Recipient has less than 50 employees, ❑ Recipient is an Indian tribe, ❑ Recipient is a non-profit organization, ❑ Recipient is an educational institution,or ❑ Recipient is a medical institution, ❑ Recipient is receiving an award less than S25,000 1, [responsible official],certify that [recipient] is not required to prepare an EEOP for the reason(s)checked above,pursuant to 28 CT R §42.302. I further certify that [recipient[ will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services. Print or type Name and Title Signature Date Section 13- Declaration Claiming Exemption from the ESOP Submission Requirement and Certifying That an EEOP is on File for Review. Ifa recipient agency has 50 or more employees and is receiving a single award or subaward for 525,000 or more,but less than S500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following(42 C.F.R.S 42,305): ( Roman Gastesi, County Adminis rator [responsible offieiall, certify that ti1e Monroe County 13OCC [recipientl,which has 50 or more employees Lind is receiving a.single award or subaward for S25,000 or more, but less than S500,000, has formulated an F EOP in accordance with 24 C FR .�42.301,et teq.. subpart E. I further certify that the ESOP has been formulated and ;i4ncd into cffuct within the past two years by the proper authority and that it is available tit review. 'The HOP is on file in the office of': Calvin Alien, EEO Officer, Monroe County [organization[, A 1100 Simonton Street, Key West, FL 33040 _ (address[.for review by the public and employees or for rcvicw or audit by officials of the relevant state planning agency or the Office for Civil Rights,Office of JLIS(ICC Programs, U. S. Department of Justice. as required by re je l vs aml regulations. Roman Gastesi, County Administrator Print or type Name and title Signature ' �- -�� Date lr :afH \pt,w,Ji%„ I�,I 'il110 1 •.pn W"vi 0,1e l' �f t' RESOLUTION NO, t67 -2012 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FY 2012-13 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the funding for Fiscal Year 2012-2013 Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and WHEREAS, the Monroe County Board of Commissioners agrees to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $82,496 with no cash match; and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts,has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. The County Administrator is hereby authorized to sign and submit the application packet for the Fiscal Year 2012-2013 grant funds to the Florida Department of Law Enforcement Edward Byrne Memorial Justice Assistance Grant (JAG) Program; and that 3. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20`h day of June, 2012. i Mayor Rice Yes__ Mayor Pro Tern Wigington Yes.__ Commissioner Murphy _ye.s Commissioner Neugent Yes '- Commissioner Carruthers 71 (Seal) •__ _ _, _ _ -.,_ i Monroe County Board f Commissioners Attest" tt[''st J'ma {,�^ry� � .- !( x.. "L _._____ By: Clerk of Court Mayor MONROE COUNTY ATTORNEY PPROVEC} AS TC FORM: ChRI5TINE M. SE T BARROWS Application for Funding Assistance Florida Department of Law Enforcement Justice Assistance Grant - County-wide f I _ In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Floridan Department of Law Enforcement Office of Criminal Justice Grants Signature: li 1 c�1,Qa Typed Name and Title: . i c.: � � Date: <C>- 3!- j 2- Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman,Mayor, or Designated Representative), Typed Name of Subgrant"R�kipiegt: Monroe County Signature: Typed Name and Title: Roman Gastesi, County Administrator Date: Implementing Agency Official,Administrator or Designated Representative Typed Name of Implementn4 Agggcy: Monroe County a _ Signature; Typed Name and Title: Roman Gastes i, (bounty Administrator Date: Application Ref# 01.3 JAGC,-1072 Section #6 Pane 1 of 1 Contract -JAGC-I` ONR- -_ F;u e! �,t'p=r r'tc; 1 1 D 9 006 C CiG-o05(rev ApO 2005)