1. law, govt and politics

Agenda Item Cover Sheet
Agenda Item No. A-19
Meeting Date
x Consent Section
‰
‰ Regular Section
September 06, 2012
‰ Public Hearing
Subject:
Agreement between Hillsborough County and Mental Health Care, Inc.
Department Name: Business and Support Services
Contact Person: Robert Parkinson
Sign-Off Approvals:
Contact Phone:
276-2888
Assistant County Administrator
08/24/2012
Date
Department Director
08/24/2012
Date
Management and Budget – Approved as to Financial Impact Accuracy
08/24/2012
Date
County Attorney – Approved as to Legal Sufficiency
08/24/2012
Date
Staff's Recommended Board Motion:
Approve the Agreement between Hillsborough County and Mental Health Care (MHC), Inc. to provide
offender re-entry services in the amount of $90,740 utilizing the Department of Justice Bureau of Justice
Assistance Federal Formula (JAG) grant. This Agreement shall be effective upon execution by both
parties and shall expire on September 30, 2013.
Funding for this agreement is included in the FY 13 Business and Support Services Department adopted
budget within the JAG grant.
Financial Impact Statement:
Funding for this agreement is included in the FY 13 Business and Support Services Department adopted
budget within the JAG grant.
Background:
Hillsborough County has been allocated $269,599 of annual Department of Justice assistance grant
funding from the Bureau of Justice Assistance for use in FY 13. On April 20, 2012, the PSCC SubCommittee approved the staff recommendation to fund offender re-entry services with Mental Health
Care (MHC) ($90,740), Grant Management ($26,959), Community-Based Prevention and Education
Program ($78,997), Hillsborough Drug Take Back Initiative ($4,150), Workload and Staffing Study
($4,908) and Hillsborough County Code Enforcement ($63,845). On July 12, 2012, this award was
accepted by the County Administrator through Delegated Authority.
List Attachments:
MHC Agreement
3
AGREEMENT BY AND BETWEEN
HILLSBOROUGH COUNTY, FLORIDA
And
MENTAL HEALTH CARE, INC.
THIS AGREEMENT is made and entered into, by and between Hillsborough County, a
political subdivision of the State of Florida, hereinafter referred to as the "COUNTY" and Mental
Health Care, Inc. a not for profit corporation existing under the laws of the State of Florida,
hereinafter referred to as the "ORGANIZATION".
RECITALS
WHEREAS, the COUNTY accepted the FY 2013 Justice Assistance Grant (JAG) from
the Department of Justice, over a period of one fiscal year; and
WHEREAS, the parties hereto desire to enter into an Agreement whereby the COUNTY
shall reimburse the ORGANIZATION for case management, intervention, and information and
referral services; and
WHEREAS, the COUNTY and the ORGANIZATION share community concerns about
incarcerated inmates with co-occurring mental health and substance abuse disorders, and work
together to implement strategies that reflect the priorities of this community by providing
appropriate intervention services; and
WHEREAS, the COUNTY has outlined goals and objectives to provide a quality of life
to citizens and visitors that emphasi/es public safety, arts and entertainment, and sports and
recreation, in a visually pleasing and healthy community; and
WHEREAS, the COUNTY'S objectives include partnering with law enforcement to
achieve the lowest per capita rate of certain crimes by 2015; and enhancing the community's
treatment capacity tends to support those objectives by providing additional case management
services for the target population; and
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations contained herein and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the COUNTY and the ORGANIZATION agree
as follows:
ART ICLE 1
Scope of Service
The ORGANIZATION shall provide for the residents of Hillsborough County the
services described in EXHIBIT A, attached hereto and incorporated by reference herein.
Rev/10-27-05
4
ARTICLE 2
Term of Agreement
This Agreement shall be effective starting October 1, 2012 and shall expire on September
30, 2013 (the "Term") unless sooner terminated in accordance with this Agreement.
ARTICLE 3
Consideration and Limitation of Costs
For its performance under this Agreement, the ORGANIZATION will receive funds from
the COUNTY in an amount not to exceed ninety thousand seven hundred forty dollars
($90,740.00) for services provided during the Term. Furthermore, if the Agreement is for a
period in excess of one year, then in no event shall the total consideration paid under this
Agreement exceed ninety thousand seven hundred forty dollars ($90,740.00) annually.
ARTICLE 4
Payment and Reporting Requirements
Expenditure of funds shall be made in accordance with the Approved Budget and Method
of Payment as outlined in Exhibit B, attached hereto and incorporated by reference herein. The
COUNTY will not reimburse the ORGANIZATION for any expenditure made for items that
were not included in the approved budget unless prior written approval is obtained from
COUNTY. All funding under this Agreement is subject to availability and the amount of
consideration may be reduced. All payments made under this Agreement shall be on a
reimbursement basis.
Payments will be made in accordance with the reimbursement method in Exhibit B
following receipt and review by the COUNTY of the required forms contained in Exhibit C
attached hereto and incorporated by reference herein. Performance will be measured by units, if
applicable, or on a percentage of units of service achieved. If the COUNTY determines, through
its inspection or review, that the ORGANIZATION has not performed or is not performing the
total agreed upon services, payments to the ORGANIZATION shall be subject to a pro-rata
reduction. If the ORGANIZATION fails to provide the services required to be performed under
this Agreement, all rights to payment are forfeited.
The COUNTY shall not honor a late request for payment and will not be liable for nonpayment of a late request. The ORGANIZATION shall submit its Final Request For Payment
Form, Program Performance Report Form, and any other required reports within forty-five (45)
days of the termination of this Agreement. The COUNTY and the ORGANIZATION agree that
each is bound by the applicable provisions of the Florida Prompt Payment Act, Florida Statutes
§§218.70 et seq., in connection with this Agreement.
Annually, within forty-five (45) days after each contract year end, the ORGANIZATION
shall submit a Success Indicator Report, referenced on Exhibit A, indicating the result towards
achieving the program goal(s) by comparing actual outcomes to the projected outcomes as stated.
Rev/10-27-05
5
ARTICLE 5
Maintenance and Review of Records
The ORGANIZATION and any of its subcontractors providing any services required to
be performed by the ORGANIZATION under this Agreement, shall maintain adequate records
and accounts, including but not limited to property, personnel and financial records, and
supporting documentation to assure a proper accounting for all COUNTY funds received under
this Agreement for a period of six years from the date of final payment to the ORGANIZATION
under this Agreement or the termination of this Agreement, whichever occurs later. (Such sixyear period is hereinafter referred to as the "Audit Period."). The COUNTY and its authorized
agents shall have the right, and the ORGANIZATION and its subcontractors, as applicable, will
permit the COUNTY and its authorized agents, to examine all such records, accounts and
documentation and to make copies thereof, and excerpts or transcriptions there from, and to audit
all contracts, invoices, materials, accounts and records relating to all matters covered by this
Agreement, including but not limited to personnel and employment records for the Audit Period.
All such records, accounts and documentation shall be made available to the COUNTY and its
authorized agents for audit, examination or copying purposes at any time during normal business
hours and as often as the COUNTY may deem necessary during the Audit Period. The
COUNTY'S right to examine, copy and audit shall pertain likewise to any audits made by any
other agency, whether local, state or federal. The ORGANIZATION shall ensure that any
subcontractor providing any services the COUNTY is required to provide under this Agreement
shall recognize the COUNTY'S right to examine, inspect and audit its records, accounts and
documentation in connection with its provision of services required to be provided by the
ORGANIZATION under this Agreement. If an audit is begun by the COUNTY or other agency,
whether local, state or federal, during the Audit Period, but is not completed by the end of the
Audit Period, the Audit Period shall be extended until audit findings are issued. This Article 5
shall survive the expiration or earlier termination of this Agreement.
ARTICLE 6
Financial Reports
The ORGANIZATION shall submit to the COUNTY within 180 days after the end of the
ORGANIZATION'S fiscal year, and otherwise upon request by the County, audited financial
statements, which must comply with Generally Accepted Accounting Principles (GAAP),
covering the entire Term of this Agreement. If the ORGANIZATION fails to provide its audited
financial statements within the 180 day time period referenced above, then, the
ORGANIZATION shall be in default hereunder. Notwithstanding the foregoing, the COUNTY
may grant the ORGANIZATION an extension of the 180 day time period to provide its audited
financials, but such extension shall be solely at the COUNTY'S discretion.
ARTICLE 7
Indemnification
The ORGANIZATION shall indemnify, hold harmless, and defend the COUNTY and
the Hillsborough County Board of County Commissioners, and the respective agents and
employees of the COUNTY and the Hillsborough County Board of County Commissioners (all
of the foregoing, collectively, the "Indemnified Parties") from and against any and all liabilities,
Rev/10-27-05
6
losses, claims, damages, demands, expenses or actions, either at law or in equity, including court
costs and attorneys' fees, that may hereafter at any time be made or brought by anyone on
account of personal injury, property damage, loss of monies, or other loss, allegedly caused or
incurred, in whole or in part, as a result of any negligent, wrongful, or intentional act or
omission, or based on any act of fraud or defalcation by the ORGANIZATION, its agents,
subcontractors, assigns, heirs, and employees during performance under this Agreement. The
extent of this indemnification shall not be limited in any way as to the amount or types of
damages or compensation payable to any of the Indemnified Parties on account of any insurance
limits contained in any insurance policy procured or provided in connection with this Agreement.
In any and all claims against to any of the Indemnified Parties by any employee of the
ORGANIZATION, any subcontractor, heir, assign, anyone directly or indirectly employed by
any of them, or anyone for whose acts any of them may be liable, the indemnification obligation
under this paragraph shall not be limited in any way as to the amount or type of damages,
compensation or benefits payable by or for the ORGANIZATION or any subcontractor under
workers' compensation acts, disability benefit acts or other employee benefit acts. The
provisions of this Article 7 shall survive the termination of this Agreement.
ARTICLE 8
Equal Opportunity Clause
The ORGANIZATION agrees to comply with the requirements of all applicable state,
federal, and local laws, rules, regulations, ordinances and Executive Orders prohibiting and/or
relating to discrimination, including but not limited to, Executive Order 11246, as amended and
supplemented, and 41 CFR § 60-1.4 and Ilillsborough County Ordinance No. 00-37. All such
applicable state, federal and local laws, rules, regulations, ordinances and Executive Orders,
including but not limited to Executive Order 11246, as amended and supplemented, 41 CFR §
60-1.4, and Hillsborough County Ordinance No. 00-37 are incorporated by reference herein.
At the time of execution of this Agreement by the ORGANIZATION, the
ORGANIZATION shall submit the information required by Hillsborough County's Equal
Employment Opportunity Affirmative Action Requirements, which are attached hereto as
Exhibit D and made a part hereof.
ARTICLE 9
Insurance
The ORGANIZATION shall procure and maintain throughout the Term of this
Agreement on behalf of itself and the COUNTY, the insurance specified on, and as required by,
Exhibit E attached hereto and incorporated by reference herein, and as stated below in this
Article 9. All insurance shall be from responsible companies duly authorized to do business in
the State of Florida.
The ORGANIZATION shall ensure that the COUNTY and its Board of County
Commissioners are named as additional insured parties as to the actions of the
ORGANIZATION, its employees, agents, assigns, and subcontractors, performing or providing
materials and/or services to ORGANIZATION during the performance of this Agreement, on (i)
all auto liability polices and general liability policies required to be obtained by the
Rev/10-27-05
7
ORGANIZATION pursuant to this Agreement, and (ii) all other insurance polices required by
this Agreement where such an endorsement is available in the industry. All such insurance
policies shall also contain a Severability of Interests provision. Every insurance policy must
provide for thirty (30) days prior written notice to the COUNTY of any cancellation, intent not to
renew, or reduction in the policy coverage.
ARTICLE 10
Conflict of Interest
The ORGANIZATION represents that it presently has no interest, and shall acquire no
such interest, financial or otherwise, direct or indirect, nor engage in any business transaction or
professional activity or incur any obligation of any nature which would conflict in any manner
with the performance of the scope of service required hereunder.
Without receiving prior written authorization by the COUNTY, the ORGANIZATION
shall not (i) retain any individual or company with whom the ORGANIZATION or any
individual member thereof has a financial or other conflict of interest; nor (ii) in fulfillment of
this Agreement, do business with a for-profit entity in which the ORGANIZATION or any
individual member has a financial or other interest therein.
The ORGANIZATION warrants to the COUNTY that no gifts or gratuities have been or
will be given to any COUNTY employee or agent, either directly or indirectly, to obtain this
Agreement.
ARTICLE 11
Pom Free Workplace
The ORGANIZATION shall assure the COUNTY that it will administer, in good faith, a
policy designed to ensure that the ORGANIZATION is free from the illegal use, possession, or
distribution of drugs or alcohol.
ARTICLE 12
Governing Laws
This Agreement shall be governed by the laws, rules, and regulations of the State of
Florida and venue shall be in Hillsborough County, Florida.
ARTICLE 13
Public Entity Crimes
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid, proposal or reply on a contract to
provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work;
may not submit bids, proposals or replies on leases of real property to a public entity, may not be
Rev/10-27-05
8
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, Florida Statutes, for CATEGORY TWO for a
period of 36 months following the date of being placed on the convicted vendor list.
Additionally, pursuant to COUNTY policy, a conviction of a public entity crime may
cause the rejection of a bid, offer, or proposal. The COUNTY may make inquiries regarding
alleged convictions of public entity crimes. The unreasonable failure of a bidder, offerer or
proposer to promptly supply information in connection with an inquiry may be grounds for
rejection of a bid, offer, proposal or reply.
The ORGANIZATION represents for itself and its affiliates that it is not prohibited from
entering into this Agreement by Section 287.133, Florida Statutes.
ARTICLE 14
Compliance With Applicable Laws
The ORGANIZATION shall comply with the requirements of all applicable federal, state
and local laws and the rules and regulations promulgated thereunder, including but not limited to,
the Health Insurance Portability and Accountability Act ("HIPAA") (42 USC §1320d) and the
regulations promulgated thereunder.
ARTICLE 15
Assignment
This Agreement may not be assigned nor subcontracted in whole or in part without the
prior written consent of the COUNTY.
ARTICLE 16
Heading
Article headings have been included in the Agreement solely for the purpose of
convenience and shall not affect the interpretation of any of the terms of this Agreement.
ARTICLE 17
Waiver
A waiver of any performance or default by either party shall not be construed to be a
continuing waiver of other defaults or non-performance of the same provision or operate as a
waiver of any subsequent default or non-performance of any of the terms, covenants, and
conditions of this Agreement. The payment or acceptance of fees for any period after a default
shall not be deemed a waiver of any right or acceptance of defective performance.
ARTICLE 18
Additional Rights and Remedies
Nothing contained herein shall be construed as a limitation on such other rights and
Rev/10-27-05
9
remedies available to the parties under law or in equity which may now or in the future be
applicable.
ARTICLE 19
Order of Precedence
In the event of any conflict between the provisions of this Agreement and the exhibits,
the provisions of the Agreement shall control over the provisions of the exhibits.
ARTICLE 20
Scvcrabililv
In the event any section, sentence, clause, or provision of this Agreement is held to be
invalid, illegal or unenforceable by a court having jurisdiction over the matter, the remainder of
the Agreement shall not be affected by such determination and shall remain in full force and
effect.
ARTICLE 21
Project Publicity
Pursuant to BOCC Policy No. 10.04.00.00, the ORGANIZATION shall recognize the
Hillsborough County Board of County Commissioners for its contribution in promotional
material and at any events or workshops for which funds from this Agreement are allocated.
Any news release or other type of publicity must identify the Hillsborough County Board of
County Commissioners as a funding source. In written materials, the reference to the Board of
County Commissioners must appear in the same size letters and font type as the name of any
other funding sources.
ARTICLE 22
Survivability
Any term, condition, covenant or obligation which requires performance by either party
subsequent to termination of this Agreement shall remain enforceable against such party
subsequent to such termination.
ARTICLE 23
Third Party Beneficiaries/Independent Contractor
This Agreement is for the benefit of Hillsborough County and the ORGANIZATION.
No third party is an intended beneficiary so as to entitle that person to sue for an alleged breach
of this Agreement. ORGANIZATION acknowledges and agrees that it is acting as an
independent contractor in performing its obligations hereunder and not as an agent, officer or
employee of the COUNTY.
Rev/10-27-05
10
ARTICLE 24
Political Endorsement Prohibition
Pursuant to BOCC Policy No. 02.12.00.00, the ORGANIZATION shall not engage in
political activities that promote or oppose a specific candidate.
ARTICLE 25
Modifications
This writing embodies the entire agreement and understanding between the parties hereto
and there are no other agreements and/or understandings, oral or written, with respect to the
subject matter hereof, that arc not merged herein and superseded hereby. This Agreement may
only be amended or extended by a written instrument executed by the COUNTY and the
ORGANIZATION expressly for that purpose.
ARTICLE 26
Termination of Aurcemcnt for Non-Performance
In addition to the exercise of any other remedies available to it at law or in equity, the
COUNTY may terminate this Agreement for the ORGANIZATION'S non-performance, as
determined by the COUNTY, upon no less than twenty-four (24) hours written notice to the
ORGANIZATION.
ARTICLE 27
Notice
Any notices required or permitted to be given hereunder shall be sent by United States
certified mail, return receipt requested, or by overnight delivery service or personal delivery with
signature verification, to the attention of the following representatives of the parties:
COUNTY:
Robert Parkinson
Ilillsborough County Criminal Justice
10119 Windhorst Road
Tampa, FL33619
Or to the following address for overnight delivery service or personal delivery:
Robert Parkinson
Ilillsborough County Criminal Justice
10119 Windhorst Road
Tampa, FL 33619
Rev/10-27-05
11
B. ORGANIZATION
Joe Rutherford, CEO
Mental Health Care, Inc.
5707 North 22nd Street
Tampa, FL 33610
Any notice sent in accordance with this Article 27 shall be deemed given two z days after
deposit in the U.S. Mail, if sent certified mail, or upon receipt, if sent by overnight delivery
service or personal delivery. The act of refusal by a party of delivery of a notice sent in
accordance with this Article 27 shall be deemed acceptance of such notice by such party.
ARTICLE 28
Fiscal Non-Funding Clause
This Agreement is subject to funding availability. In the event sufficient budget funds to
fund this Agreement become reduced or unavailable, the COUNTY shall notify the
ORGANIZATION of such occurrence, and the COUNTY may terminate this Agreement,
without penalty or expense to the COUNTY, upon no less than twenty-hours (24) hours written
notice to the ORGANIZATION. The COUNTY shall be the final authority as to the availability
of funds and how available funds will be allotted. If this Agreement is funded in whole or in part
by federal or state dollars which are reduced or become unavailable, the COUNTY shall notify
the ORGANIZATION of such occurrence and the COUNTY may terminate this Agreement,
without penalty or expense to the COUNTY, upon no less than twenty-four (24) hours written
notice to the ORGANIZATION.
ARTICLE 29
Access To Records
If applicable, the ORGANIZATION shall comply with the requirements of Chapter 119,
l-'lorida Statutes, with respect to any documents, papers, and records made or received by the
ORGANIZATION in connection with this Agreement.
Rev/10-27-05
12
IN WITNESS WHEREOF, the ORGANIZATION and the COUNTY respectively,
have caused this Agreement to be executed by their duly authorized representatives.
ATTEST: PAT FRANK
Clerk of Circuit Court
COUNTY: HILLSBOROUGH COUNTY,
FLORIDA
BY:
BY:
Chairman, Board of County Commissioners
Deputy Clerk
Date:
ORGANIZATION:
BY:
thorizcd Official/
(Printed Name of Signer)
(Title)
(Date)
APPROVED BY COUNTY ATTORNEY
BY_
Approved As To Form And
Legal Sufficiency.
Rev/10-27-05
10
13
ACKNOWLEDGEMENT O" CONTRACT, IF A CORPORATION
STATE OF FLORIDA
COUNTY OF HILLSBOROUGFI
The foregoing instrument was acknowledged before me this
by
/ /
day
itle of Officer or Agent
corporat.cn
(Name of Corporation)
(State of Incorporation)
on behalf of the corporation. He/*Qie is personallv known to md or has produced
(Type of Identification)
^ST0^0092^
(yjy?
SB ««s?3S2,
Name of Notary Typed, Printed or Stamped
Title or Rank
Serial Number, If Any
Rev/10-27-05
14
LIST OF EXHIBITS
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT B
METHOD OF PAYMENT
BUDGET DETAIL FOR SERVICES
EXHIBIT C
REQUEST FOR PAYMENT FORM
PROGRAM PERFORMANCE REPORT
EXHIBIT D
HILLSBOROUGH COUNTY EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE
ACTION REQUIREMENTS
EXHIBIT E
INSURANCE REQUIREMENTS
EXHIBIT F
GRANT AWARD
Rev/10-27-05
12
15
EXHIBIT A
SCOPE OF SERVICE
ORGANIZATION: Mental Health Care. Inc.
PROGRAM: Looking Ahead Re-Entry Crime Prevention Project
Program Goals:
The project will expand initiatives currently undertaken in Hillsborough County to increase
public safety, avert increased criminal justice expenditures and improve the accountability and
effectiveness of treatment services for persons who are ex-felons at risk re-entering the criminal
justice system.
The ORGANIZATION agrees to provide the following support to this project:
1.
The ORGANIZATION is an Administrative Services Organization (ASO) and will be
responsible for project implementation, project management, project reporting, network
development, quality management, contracting, finance and accounting, billing, match
reporting, management information systems, data collection, purchasing, management of
contingency and other resources, performance reporting, and provider services. The
ORGANIZATION may assign service delivery within its network affiliates/suppliers
through a voucher system to purchase approved treatment and ancillary social services
and supports. The ORGANIZATION shall ensure that their network of suppliers deliver
quality services/supports that comply with all requirements of this Agreement.
All program services shall be delivered in accordance with the ORGANIZATION'S ASO
Network Supplier vouchers, which arc incorporated herein by reference.
The
ORGANIZATION will be responsible for the administration and provision of services
funded through the County Criminal Justice, Justice Assistance Grant.
Eligible Client: An eligible client is (a) an Adult, 18 years or older, or a juvenile certified
as an adult, and (b) who is a misdemeanor or non-violent felony ex-offender (non-violent
felony is defined as any violent offense not committed within the last 45 days from date
of referral to program), and (c) is a resident of Hillsborough County, and (d) is diagnosed
with mental illness or co-occurring mental health and substance abuse disorder, and (e)
are currently incarcerated or recently released from jail or prison.
Case Management: average active case management caseload will vary, but will not
exceed 25. Participants may be served for 30-90 days for short term services, unless it is
determined that continued treatment would be beneficial and necessary for public safety.
2.
The ORGANIZATION will also be the community service provider. The program will
serve 100 offenders in short term case management and Moral Rcconation Therapy that
meet criteria for this grant and are screened into the program. The program will also
provide information and referral re-entry services to 120 offenders transitioning back into
the community.
Rev/10-27-05
13
16
Offender re-entry and case management activities/services are to include but not limited
to:
a) developing individual re-entry service plans which include individualized
recovery glass and objectives
b) providing case management when needed
c)
d)
e)
f)
arranging for support services
aiding in obtaining identification for clients when needed
assisting clients to obtain employment assistance and training
assisting clients develop or improve life skills such as training for GED, anger
management, domestic violence prevention, parenting, language skills, etc.
g) assisting clients obtain substance abuse and mental health treatment, as needed
h) utilizing the Jail In-Reach model as a core component of identification and
service delivery
i) completion of a comprehensive strength based assessment
j) implementation of SOAR when appropriate
3.
The ORGANIZATION shall:
a.) participate in the Florida Department of Children and Families' (FDCF)
Advanced Directives initiative;
b.) join and actively participate in the Hillsborough Data Collaborative;
c.) use the local uniform consent form to obtain release of information for
program purposes;
d.) use the GAINS Brief Mental Health Screen for initial referral;
e.) use the LOCUS (Level of Care Utilization System) to determine level of care;
f) include a rating of the individual's stage of change and motivation for
treatment;
g.) adopt screening/assessment tools that are similar to the existing forensic
prevention initiative, co-located at the Criminal Registration Unit;
h.) execute data sharing agreements (MOAs) with providers participating in the
forensic prevention initiative at Criminal Registration; and,
i.) organize and capture data to generate reports from the forensic prevention
initiative; and,
j.) adhere to SAMHSA Treatment Improvement Protocol #44 for adults in the
criminal justice system.
4.
Funding provided for this agreement shall not be used to subsidize any other program or
clients not deemed eligible for the services provided herein.
5.
The Organization shall report in writing any incidents or other information which reflects
poorly on the program, has the potential to compromise the integrity of the County or this
program, or raises any concern for the safety or welfare of clients. Such incidents shall
be reported by encrypted email in accordance with the Health Insurance Portability and
Accountability Act ("HIPAA") requirements to the Program Coordinator within 24 hours
of any such event, excluding weekends and holidays. Such incidents shall include but arc
not limited to:
Rev/10-27-05
14
17
a)
b)
incidents involving law enforcement;
critical incidents as defined by the Department of Children and Families.
The Organization shall fully disclose to County staff the findings of any internal, law
enforcement, or Department of Children and Families investigations involving a client
receiving treatment from this contract.
PART II - Consideration
For its performance under this Agreement, the ORGANIZATION will receive from the
COUNTY consideration in the amount set forth in Article 3 of this Agreement. If the
COUNTY determines, through its inspection or review, that the ORGANIZATION has
performed, or is performing, less than the total agreed upon services, the total
consideration paid to the ORGANIZATION shall be subject to a pro-rata reduction.
PART III - Program Performance Report
1.
The ORGANIZATION shall submit a monthly Program Performance Report (Exhibit C
to accompany each Request for Payment Form (Exhibit C) indicating the result towards
achieving the program goals by comparing actual outcomes to the projected outcomes as
stated utilizing the forms found in Exhibit C which quantifies and measures
accomplishments, problems, service objectives, program goals, and current expenditures.
The ORGANIZATION is required to submit aggregate information from their network
affiliates including match amounts in order to submit a complete request for
reimbursement to the County.
2.
The ORGANIZATION shall submit quarterly program reports using approved forms
within 15 days of request from the COUNTY. Additionally, the ORGANIZATION shall
submit annual program reports, using approved forms within 15 days of request from the
COUNTY.
Rev/lO-27-OS
15
18
EXHIBITS
METHOD OF PAYMENT
ORGANIZATION: Mental Health Care, Inc.
PROGRAM: Looking Ahead Re-Entry Crime Prevention Project
Bl
This Agreement shall be effective upon execution by both parties and shall cover services
provided from October I, 2012 and shall continue until September 30, 2013,
Continued funding is at the COUNTY'S sole discretion and shall be conditioned upon, at
a minimum, the ORGANIZATION'S performance hereunder and is subject to availability
of funds.
No modifications to the budget shall be reimbursed unless prior written approval has
been granted by the County Administrator.
It is understood, that the ORGANIZATION is a grant partner and that their assistance
and participation is needed to submit reports, create memorandums of understanding, and
accomplish other related administrative tasks.
B2
Total Payments:
In no event shall the COUNTY'S annual payments to the ORGANIZATION exceed the
stated amount for services provided under this Agreement ($90,740.00).
B3
Salaries and Benefits: up to $77,790.00 per year
1.0 MRT Specialist/Facilitator
Salaries $30,000.00
Benefits $8,895.00
1.0 Short Term Case Manager
Salaries $30,000.00
Benefits $8,895.00
Subtotal: $77,790.00
FRINGE BENEFITS:
F1CA: $4.590.00
HEALTH/DENTAL: $8,400.00
RETIREMENT: $3,000
WORKERS COMPENSATION: $900.00
UNEMPLOYMENT INSURANCE: $900.00
Subtotal: $17,790.00
TOTAL PERSONNEL AND FRINGE BENEFITS: $77,790.00
Rev/10-27-05
16
19
B4
Expenses: up to $12,950.00 per year
TRAVEL:
Local vicinity travel at $.44/mile = $820.00
SUPPLIES:
Office supplies including: paper, ink cartridges, MRT supplies, etc = $1,000.00
OTHER COSTS:
Utilities - phone and air cards @ approximately $146/month/FTE for 2 FTE = $3,504.00
Liability Insurance - $250/month = $3,000.00
Support Services - administration, accounting, medical records = $4,626.00
Any funds exceeding the total award amount of $90,740.00 will be funded by the
ORGANIZATION.
B5
Payment Period:
Payment in accordance with the approved budget will be made upon receipt of a
Completed Exhibit C - Request for Payment form and Program Performance Report.
Payment requests shall not be submitted to the County for a period of less than one
month, unless authorized by the Program Manager. Payment requests and client
eligibility information shall not include clients who are ineligible for services hereunder.
Rev/10-27-05
17
20
BUDGET DETAIL FOR SERVICES
Contract Period 10/1/2012 to 09/30/2013
ORGANIZATION: Mental Health Care, Inc.
PROGRAM: Looking Ahead Re-Entry Crime Prevention Project
BUDGET CATEGORIES
TOTAL
GRANT
SALARIES AND BENEFITS
$77,790.00
$77,790.00
EXPENSES
$12,950.00
$12,950,00
$90,740.00
$90,740.00
TOTAL BUDGET CATEGORIES
NOTE:
Rev/10-27-05
When completing reimbursement requests, complete the appropriate forms and attach
detailed documentation identifying obligations or expenses in the above budget categories
only.
21
EXHIBIT C
HILLSBOROUGH COUNTY
REQUEST FOR PAYMENT FORM
Organization: Mental Health Care, Inc.
Program: Looking Ahead Re-Entry Crime Prevention Project
PROJECT*:
This is request #
in the amount of
for the month(s)
FINANCIAL STATUS REPORT
Budget Categories
Previous YTD
Expenditures
Approved Budget
Salaries and Benefits
$77,790.00
Expenses
$12,950.00
TOTAL
$90,740.00
Current
Expenditure
YTD
Expenditure
Remaining
Balance
I certify that the goods and/or services covered by this request have been provided to Hiltsborough County in
accordance with the terms and conditions of the Agreement and are documented by the attach me nt(s).
AUTHORIZED SIGNATURE
TITLE
DATE
Please attach documentation substantiating expenditures. Reimbursement requests containing errors/omissions will
be returned to the agency for correction.
FOR COUNTY USE ONLY
INDEX CODE.
Document #
Sub Object _
P.0.#
APPROVED:
I certify that the goods and/or services have been received by the County (based upon certification of agency officials;
documentation is attached and subject to final audit).
Review
Fiscal
Approved
Date
Programmatic
[Division Director or Designee]
COMMENTS:
Rev/10-27-05
19
Date
22
EXHIBIT C
PROGRAM PERFORMANCE REPORT
Contract Period 10/1/2012 to 09/30/2013
ORGANIZATION: Mental Health Care, Inc.
PROGRAM: Looking Ahead Re-Entry Crime Prevention Project
REPORT PERIOD
THROUGH
PERCENTAGE OF CONTRACT COMPLETED
%
ACCOMPLISHMENTS:
PROBLEMS:
STATUS REPORT ON GOALS AND OBJECTIVES: (REPORT PERIOD AND YEAR-TO-DATE)
Service Objectives
Program Goal
Case Management and Intervention
100
Information and Referral
120
Clients at beginning of Month:
actual
Clients Enrolled during Month:
actual
Clients Exited during Month:
actual
Clients Successfully Completed during Monti
actual
Clients at end of the Month:
actual
This Report Period
OTHER COMMENTS
Rev/10-27-OS
20
Year To Date
% of Goal Completed YTD
23
EXHIBIT C Continued
PROGRAM PERFORMANCE REPORT
Contract Period 10/1/2012 to 09/30/2013
ORGANIZATION: Mental Health Care, Inc.
PROGRAM: Looking Ahead Re-Entry Crime Prevention Project
REPORT PERIOD
THROUGH
Client
Identifier
Rev/10-27-05
Client
Address
Hillsborough
Resident
(Y/N)
Admit
Date
21
MH/SA
(Y/N
Dates served
Discharge
Date
24
EXHIBIT D
HILLSBOROUGH COUNTY EQUAL EMPLOYMENT OPPORTUNITY
AFFIRMATIVE ACTION REQUIREMENTS
OrganizatiorrMental Health Care, Inc.
Program:
Looking Ahead Re-Entry Crime Prevention Project
ORGANIZATION CIVIL RIGHTS STATUS
All responding ORGANIZATIONS are requested to carefully review the following questions and provide
responses as it relates to the ORGANIZATION'S own affirmative action and equal opportunity practices.
Please respond to the following:
1.
'Provide a copy of the ORGANIZATION'S Affirmative Action Plan or Program. (If not submitted
within the past twelve (12) months.)
2.
Workforce Analysis by race/sex and EEO category.
3.
If the ORGANIZATION receives federal/state/local funding, please list source and dollar amount.
4.
Name of person designated as EEO representative.
5.
Does the ORGANIZATION have a procedure for resolving discrimination complaints?
6.
Has the ORGANIZATION been charged with discrimination within the past eighteen (18) months?
If yes, how many charges, nature of charge; when; and where?
7.
Does the ORGANIZATION anticipate hiring additional staff to perform this contract? If yes, please
provide the number of positions and type of positions.
8.
Please provide a copy of the ORGANIZATION'S Affirmative Action/Equal Employment Opportunity
Policy Statement, signed and dated by the Chief Executive Officer. (If not submitted within the past
twelve (12) months.)
*A written Affirmative Action Plan or Program is required if the ORGANIZATION has fifteen (15) or
more employees.
Rev/10-27-05
22
25
EXHIBIT D (continued)
EQUAL EMPLOYMENT OPPORTUNITY WORKFORCE ANALYSIS
ORGANIZATION NAME: Mental Health Care, Inc.
TOTAL
EMPLOYEES
JOB CATEGORY*
MALE
FEM
MALES
WHT
FEMALES
BLK
HISP
API
Al
WHT
BLK
HISP
API
OFFICIALS and
MANAGERS
PROFESSIONALS
TECHNICIANS
SALES WORKERS
OFFICE and CLERICAL
:RAFTSMAN (SKILLED)
OPERATIVES (SEMISKILLED)
.ABORERS
UNSKILLED)
SERVICE WORKERS
TOTAL
*JOB CATEGORIES AS PROVIDED HEREIN, ARE THOSE CATEGORIES IDENTIFIED AND USED IN EEO (1-6)
REPORTING REQUIREMENTS REQUIRED FROM EMPLOYERS BY THE FEDERAL GOVERNMENT.
(DO NOT LEAVE THIS PAGE BLANK)
HISP:
API:
Al:
HISPANIC
ASIAN/PACIFIC ISLANDER
AMERICAN INDIAN
Rev/10-27-05
23
Al
26
EXHIBIT D (continued)
THE PROPOSER'S FAILURE TO COMPLETE THE REQUIREMENTS OF THESE
PAGES MAY RESULT IN THE REJECTION FROM PROJECT
EQUAL EMPLOYMENT OPPORTUNITY QUESTIONNAIRE
THE UNDERSIGNED ORGANIZATION, BY THE SIGNATURE OF ITS CORPORATE OFFICER BELOW
REPRESENTS THAT THE FOREGOING INFORMATION IS TRUE AND CORRECT. THE UNDERSIGNED
ORGANIZATION BY THE SIGNATURE OF ITS CORPORATE OFFICER BELOW PROVIDES ASSURANCE TO
HILLSBOROUGH COUNTY OF ITS COMPLIANCE WITH FEDERAL, STATE AND COUNTY AFFIRMATIVE
ACTION AND EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS. THE UNDERSIGNED ORGANIZATION
FURTHER ASSURES THAT IT AND ITS SUBCONTRACTORS' AND SUBRECIPIENTS' FACILITIES ARE
ACCESSIBLE TO THE HANDICAPPED (IF APPLICABLE}.
IN WITNESS WHEREOF, this Equal Employment Opportunity Questionnaire is hereby signed as of
the date indicated below.
ATTEST:
WITNESS
PRINTED NAME OF ORGANIZATION
BY:
WITNESS
SIGNATURE OF AUTHORIZED
CORPORATE OFFICER
DATE SIGNED
Rev/10-27-05
24
27
EXHIBIT E
INSURANCE REQUIREMENTS
[TO BE PROVIDED BY INSURANCE AND CLAIMS ON A CASE BY CASE BASIS]
Rev/10-27-05
25
28
EXHIBIT F
GRANT AWARD
-»
Adobe Acrobat
Document
Rev/10-27-05
26
29
l » r [ . ii Imi'iH Of Justice
Office of Justice Programs
Bureau of Justice Assistance
Office of Justice Programs
June 26.2012
Mr. Michael S Merrill
Hillsborough County
601 F_. Kennedy Boulevard
County Center 2nd Floor
Tampa. FL 33602
Dcai Mi, Merrill:
On behalf of Attorney General !:ric Holder, it is my pleasure to inform you thai the Office of Justice Programs has approved
your application for funding under the FY 12 Edward Byrne Memorial Justice Assistance Grant fJAG) Program Local
Solicitation in ihe amount of 5269,599 for Ifillsborough County.
Enclosed you will find ihe Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including ihe t i m e l y submission of all financial and programmatic reports, resolution uf all interim
audit findings, and the maintenance of a minimum level of cash-oii-hand. Should you not adhere to Ihcsc requirements, you
will be in violation of the icnns of this agreement ;md the award will be subject to termination foi cause or other administralivc
action as appropriate,
If you have questions regarding this a ward, please contact:
- Program Questions. Stcfnnic Harris. Program Manager al (202) 305-8069: and
- Financial Questions, ihe Office of the Chief Financial Oftlcci, Customer Service Ciintet (CSC) at
(800) 458-07K6, or you may contact the CSC at »i.sk.ocfp(«>isdoj,gov.
Congratulations, and we look forward tu working w i t h you
Sincerely.
Denisc O'Donnell
Director
Enclosures
30
Department of Justice
Office of Justice Programs
Office far Civil Rights
June 26.2012
Mr, Michael S, Merrill
Hillsborotigb County
60! E, Kennedy Boulevard
County Center 2nd Floor
Tampa, FL ?3602
Dear Mr. Memll:
Congratulations on your recent award, In establishing financial assistance programs. Congress linked the receipt of Federal funding to
compliance v*jih Federal civil rights laws. The Office lor Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice
is responsible for ensuring thai recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against
Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply w i t h applicable Federal civil rights statules and
I emulations. We ai OCR are available to help you and your organization meet the civil rights requirements that conic with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal Jaws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin,
religion, sex, or disability in funded programs or activities, not only in rcspccl to employment practices but aiso in the delivery of services or
benefits. I-'cdcral law also prohibits funded programs or activities from discriminating on ihc basis of age in the delivery of services 01
benefits.
Providing Services to Limited £ng!isti Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance pertaining to Title V[ of the Civil Rights Ac! of 1964, 42 U.S.C. § 20QC)d. recipients of
Federal financial assistance musi take reasonable steps 10 provide meaningful access to their progiams and activities for persons with limited
English proficiency (LEP}. For more information on the civil righis responsibilities ihal recipients have in providing language services to
LEP individuals, please see the website til hHp.7/www,!op.gov.
Ensuring Equal Treatment for Faith-Bused OrKani/ations
The Department of Justice has published a regulation specifically pertaining to ihc limiting of faith-based organization!, In general, Ihe
regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice
Department Program Participants, and known as ihc fiqual Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies
to treat these organizations the same as any other applicant or recipient. The regulation prohibits Stale Administering Agencies Horn makine
award or grant administration decisions on ihe basis of an organization's religious character 01 nf filiation, religious name, or the religious
composition of its board of directors.
The rcgulalion also prohibits faith-based organization! fium using financial assistance from the Department of Justice to fund inherently
religious activities. While faith-based organizations can engage in non-1 muled inherently religious activities, they must be held separately
from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal
Treaimeni Regulation also makes clear lhal organization! participating in programs funded by the Department of Justice arc not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion. FOI more information on the legu Union, please sec OCR's
website at http://www.ojp.imdoj.gov/ocr/etfbo.htm
State Administering Agencies and faith-bused orgacu/alions should also note ihut the Safe Streets Act. as amended; ihe Victims of Crime
Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondrscri mi nation provisions, ihe Justice Department has concluded lhal the Religious
Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-ease basis, to require lhat ils funding agencies permit faith-based
organisations applying for funding under the applicable program statutes both to receive DOJ funds and lo continue considering religion
when hiring staff, even if the Itatute that authorizes the funding program generally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or ihc application of RFRA to the statutes dial prohibit discrimination in employment may be directed to (his
OH ice.
31
Enforcing Civil Rights Laws
All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of
employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients thai
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects it
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they aic providing services
equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.
Complying with the Safe Streets Act or Program Requirements
In addition to these genera) prohibitions, an organization which is a recipient of financial assistance subject to the nocdiscrirrnnation
nd (2) submitting to OCR. Findings of Discrimination (sec 28
C.F.R. §§ -12.205(5) or3;.2Q2(5)).
1) Meeting the EEOP. Requirement
In accoidance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. S.B, or certain Federal grant
program requirements, your organization must comply with the following EEOP reporting requirements:
If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and pan-time
employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the
date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp. usdoj.gov/ocr/ccop.litm. You
may also request technical assistance from an EEOP specialist at OCR by dialing (202) Slfi-3208.
anization received an award between $25,000 and 5500,000 and has 50 or more employees, your organization still has to prepare
an EEOP, but it docs not have to submit the EEOP to OCR. for review. Instead, your organization has to maintain the EEOP on file and
make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return il to
OCR. The Certification Form can be found at http://www.ojp. usdoj.gov/ocr/ccop. him.
If your organization received an award for less than 525,000; or if your organization has less than 50 employees, regardless of the amount of
the award; or If your organization is a medical Institution, educational institution, nonprofit organization or Indian tribe, then yoar
organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and
return it to OCR, The Certification Form can be found at hftp://www .ojp.usdoj.gov/ocr/eeop.htni,
2) Submitting Findings of Discrimination
In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing, ou the giouud of race, color, religion, national origin, or sex, your organisation must submit a copy
of the finding to OCR for review.
Ensuring the Compliance of SubreuipienU
If your organization makes subawards to other agencies, you arc responsible for assuring that subiecipients also comply with all of the
applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of
Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant
assurances and review procedures 10 demonstrate that they are effectively monitoring the civil rights compliance of subrccipients.
If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 3070690 or visit our website at http://www.ojp.usdoj.gov/ocr/.
Sincerely,
Michael L. Alston
Director
cc:
Grant Manager
Financial Analyst
32
Department of Justice,
Office of Justice Programs
PM',E
Bureau of Justice Assistance
.1 A W A R D N U M U U U :
I RECIPIENT NAM!-. AND AUDR1-SS nnchidinp Zip G«k)
I
OF 7
30! 2-
l!iltsbotoii(ih County
Ml E. Kennedy Buulevard County Center 2nd Floor
io/«i/2on TO
F : KOM
I(W)I/2011
TO
<H».'J(V20!S
K. SUPPtEMHNT NUMBliR
1A GRANTl'f; IR*WI;NDOR NO
,,.
00
9 PRi-VlOUS AWARU A M U U N T
i PROJHCTTITIX
SCI
I (!. AMOUNT OF Tl US AWARD
FY 2012 JuMtcu Assistance Oiain
I ! TOTAL AW
12. SPECIAL CONDITIONS
Till: ABOVE GRANT PROJECT IS APPROVED SU1UI-.CT TO SUCH CONDITIONS OK LIMITATIONS AS ARF SET KHRTH
ON THE ATTACHED PAGF(S),
Thi> |)it)ic<:l is. lupporttfil uiukr FY 12(1)JA - J A U ) 42 USC .17*!), L-I sc
MhTHOOnr-PAYMHNT
GPKS
AGt-NCY APPROVAL
GRANTI'I: ACCEPTANfLi
TYITI) NAMP, AND TITLI- OF Al.ITIiOR17.l-i) ORANTFF O1TIC1AI.
I f . TYPED NAME AND TITLE OF APPKOVIWi OFFICIAL
Mu'lBii-! ^ MoniM
County Admiftliiniw
17 SIGNATURE OF APPROVING OFP1CIAI.
SIONATUttE OF AUTHORIZHD RECIPIENT OFFICIAI
AGHNCY USE ONLY
HSCAL FUND
Vt-AR CODK
X
B
BUD.
ACT.
OFC1
DJ
W)
HIV
RF.C,
jgj§
21. I.DJUOTdin
20 ACCOUNTING CLASSIFICATION COOKS
SUH.
POMS
AMOUNT
00
(JJI1 FORM 4000/2 (RliV. S-B7) PRliVIODS 1-01T1ONS AtU: OBSOLf'TI-.
BOARD OF COUNTY COMMISSIONERS
HILLSBOROUGH COUNTY FLORIDA
DOCUMENT NO. W-
33
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
PAGE
2 OF
7
Grant
PROJECT NUMIlEk
3012-UJ-BX-U1IV
AWAKDTMTF
06/36/2013
SPKC/A L CONDITIONS
The recipient agrees to comply wilh the financial and ftdmmlstratiVB require men Is set forth in the current edition ofthe
Office of Justice Programs (OJP) Financial Guide.
The recipient acknowledges lhat failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is
required to submit one pursuant to 2K C.F.R. Section 42.302), thai is approved by Ihe Office foi Civil ili»hts, js a
violation of tlS Certified Assurances and may result in suspension or termination of funding, until such time as the
recipient is in compliance.
any other audits of OJP grant fumlsl are not satisfactorily and promptly addressed, as further described in ihe current
edition o f t h e OJP Financial Guide
4
Recipient understands and agrees thai it cannot use any federal funds, either directly or indirectly, in support ofihe
enactment, repeal, modification oi adoption of any law, regulation or policy, at any level of government, without llic
express prior written appiova! of OJP,
5.
The recipient must promptly refer to (lie DO.I OIG any credible evidence that a principal, employee, agent, contractor,
snbgiiifltiic. subcontractor, or other person has either 1) submitted u false claim for grant funds under [he False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrccipients. Potential fraud, waste,
abuse, or misconduct should be reported to Hie DIG by mail:
Office of the Inspector General
U.S. Department of Justice
Investigations Division
950 Pennsylvania Avenue, N.W.
Room 4706
Washington, DC 20530
e-mail; [email protected]
hotline, (contact information in English and Spanish): {#00) W9-4499
ur hotline fax: (202) 616-9881
Additional information is available from the DO.I OIG website at www.usdoj.gov/oig.
6.
Recipient understands and agrees l.hat u cannot use any federal funds, either directly or indirectly, in support of any
contract or submvard to either the Association of Community Organisations for Reform Now {ACORN) or its
subsidiaries, without the express prior written approval of OJP.
7.
The recipient agrees to comply with any additional retjtiircments thai may be imposed dunng the grunt performance
period if the agency determines ihal ihe recipient is a high-risk grantee Cf. 28 C.F.R. parts 66, 70,
OIP FORM 4(W2 ( R E V 4-8R)
34
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
3 OF 7
Grant
PROJECT NUMBER
A W A K H LJATf
JOI2-DMBX.OI2I
SPECIAL
CONDITIONS
8,
The recipient agrees to comply with applicable reqimcmcms regarding Central Contractor Registration (CCRj and
applicable restrictions on subawards lo first-tier subrecipiems thai do not acquire and provide a Data Universal
Numbering System {DUN Si number The details of recipient obligations arc posted on the Office of justice Programs
web site at http://www.ojp.gov/fundiBg/ccr.him (Award condition. Centra! Contractor Rogistration and Universal
Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award 10
an individual who received the award as a naniral person (i.e.. unrelated to any business or non-profit organi/aiion that
he or she may own 01 operate in his ur her name).
9
Pursuant to F.xceulive Order 1351.1, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg.
51225 (October I, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies
banning employees from text messaging while driving any vehicle during the course of performing work funded by this
gram, and to establish workplace safely policies and conduct education, awareness, and other outreach to decrease
crashes caused by distracted drivers
10.
The recipient agrees to comply with all applicable laws, regulations, policies, nnd guidance (including specific cost
limits, prior approval and reporting requirements, 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 laws, regulations, policies, and guidance is
available at ww\ ojp.gov/fimdirtg/confcost.hlTn.
11.
The recipient agrees to comply with applicable requiicmcws to it-port first-tier subawards of 525,000 or more and, in
certain circumstances, to icport the names and tola! compensation of the five most highly compensated executives of
the recipient and first-tier subrccipicms of award funds. Such data will be submitted, lo the FKAT A Subawaril
Reporting System (P'SRS). The details of recipient obligations, which derive from the Federal Funding Accountability
and Transparency Aci of 200ft (FFATA), arc posted on the Office of Justice Programs web site at
http://www.ojp.gov/funding/lTaia.htm (Award condition; Reporting Sub;]wards and Executive Compensation), nnd are
incorporated by reference here. This condition, and its repotting requirement dots not apply to grant awards made to
an individual who received the award as a natural person (i.e , unrelated to any business or non-profit organization that
lie or she may own operate in his or her name).
12.
The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All
program income earned must be accounted for and used for the puiposes of funds provided under this award, including
such use being consistent with the conditions of the award, the effective edition of Ihe OJP Financial <juidc and. as
applicable, either (I) 28 C.F.R. Part 66 or (2) 28 C.F.R Part 70 and 2 C.F.R, Pan 215 (OMB Circular- A-l 10). Further,
the use of program income must be reported on the c|iiariej-iy Federal Financial Report. Sh' 425.
Oil1 FORM WHO/3 ( R E V .1-XX)
35
Departmenl of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
I'AGli
4
OF
7
Grunt
PROJECT NUMBKK
20I2-DJ-UX-0!?*
A W A R D UA II:
SPECIAL CONDITIONS
13.
The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National
1 hstoric Preservation Act, and other related federal environmental impact analyses require merits in the use of these
grant funds, cither directly by the granlec or by a subgrantcc. Accordingly, the grantee agrees to first determine if any
of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is
determined that any of the following activities will be funded by ihc grant, the grantee agrees to contact BJA,
The grantee understands that this special condition applies lo its following new activities whether or not they are being
specifically funded wilh these grant funds. That is, as long as the activity is being con due ted by the giaritee, a
sub-grantee, or any third party and the activity needs to be undertaken in order to use these grant funds, I his special
condition must first be met. The activities covered by this special condition are:
a. New construction:
b. Minor renovation or remodeling of a properly heated in an environmentally or historically sensitive area, including
properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or
eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed use of « building or facility that will either (a) result in a change m its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving ihe use of chemicals other than chemicals that arc (a) purchased as an
incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational or
education environments; and
e. Implementation of a program relating to clandestine mclhamphctamine laboratory- operations, including the
identification, seizure, or closure of clandestine mcthamphetaminc laboratories.
The grantee understands and agrees that complying wilh NrZPA may require the p re paint ion of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and
agrees to the requirement! for implementation of a Mitigation Plan, as detailed at
http://www.qtp.usdoj.gov/BJA.Tcsource/nepa.htmi. for programs relating to meihamphetnminc laboratory operations.
Application of This Special Condition to Granule's Existing Programs or Activities: For any of the grantee's or its
subgrantees1 existing programs or activities ihut will be funded by these gram funds, the granlec, upon specific reqticsl
(torn BJA. agiecs to cooperate with BJA in any preparation by DJA of a national or program environment! assessment
of that funded progiam or activity,
M.
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information
sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent
possible, existing networks as the communication backbone lo achieve interstate connectivity, unless the grantee can
demonstrate lo the satisfaction of SJA that tins requirement would not he cost effective or would impair ihc
functionality of an existing or proposed IT system.
1 5.
In order lo promote information sharing and enable interoperability among disparate systems across the justice and
public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative
(DOJ's Global) guidelines and recommendations for this particular grant. Grantee shall conform to the Global
Standards Package (GSP) anil nil constituent elements, where applicable, us described at;
httpV/www it.ojp.gov/gsp. grantconditton. Grantee shall document planned approaches to information sharing and
describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed
justification for why an alternative approach is recommended.
OJP FORM 4(WWVJ. (RJ;V -l-SKl
36
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
A W A R D CONTINUATION
SHEET
PAGl! 5 OK 7
Grant
PUOJtiCT NUMBER
2012-DJ-RX-0128
A W A R D 1MTR
SPECIAL CONUtT/ONS
I ft. The recipient is required to establish a Imsi fund account (The trust fund may or may mn be an interest-bearing
account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond
the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate
and expend the grant funds in the trust fund (including any interest earned) during the period of the grunt Grant funds
(including any interest earned) not expended by the end of the gram period must be relumed to the Bureau of Justice
Assistance no later than 90 days after the end of the grain period, along with the final submission of the Federal
Financial Report (SF-425)17.
JAG funds may be used to purchase bulletproof vests foi an agency, but may not be used as the 50% match for
purposes of the Bulletproof Vest Partnership (BVP) prog: am.
18.
The recipient agrees to submit a signed certification thai thai all law enforcement agencies receiving vest.s purchased
with JAG funds have a written "mandatory wcur" policy in effect. Fiscal agents and state agencies niusi keep sicncci
certifications on (lie for any suhredpients planning to ulili/e JAG funds fur bulletproof vest purchases. This policy
must be in place for at least all uniformed officers before any FY 2052 JAG funding can be used by the agency for
bulletproof volts. There- are no requiiemenis regarding the nature of the policy other than it being a mandatory wear
policy for all uniformed officers while on duty.
19.
Bulletproof vests purchased wish 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 slab standards. In addition, bulletproof vests purchased with JAG funds must be American-made. The latest
NIJ standard information can be found here: http.'Ywww.nij.gov/topics/'.cchnology/bydy-arrnor/safety-iniliative.htrn.
20.
The recipient agrees that uny information technology system funded or supported by OJP funds will comply with 28
C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJ!' determines this regulation to be applicable
Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as
per the regulation. Should any violation of 28 C.F.R, Part 23 occur, the recipient may be lined as per 42 U.S.C.
3789g(e)-{d). Recipient may not satisfy such a fine with federal funds
21.
The recipient agrees to ensure that the Stale Information Technology Point of Contact receives written notification
regarding any information technology project funded by this grant during the obligation and expenditure period. This, is
to facilitate communication among local and stale governmental entities regarding various information technology
projects being conducted with these grant funds, in addition, the recipient agrees to maintain an atiminisirative file
documenting the meeting of this requirement. Fora list ef Slate Informal ion Technology Points of Contact, go to
hltp:/Avww. Jt.ojp.gov/dcfniil1. aspx?area-= policy A ndPraciice&page=10-16.
22.
The grantee agrees to comply with ihe applicable requirements of 28 C.F.R. Part 38. the Department of Justice
regulation governing "Equal Treatment for Failh Based Organizations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in part that Depaiiment of Justice grant awards of direct funding miiy not be used to
fund any inherently religious activities, such as worship, religious instruction, or prosclylizaiion. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in time or plucc front the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a .sub-grantee must be voluntary'. The Kqual Treaiment 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 ot'this award, fnnhbaseri organizations may. in some circumstances, consider religion as a basis for employment. Sc-c
]uip;//www.ojp.gov/iiboui/«cr/cq ualjbo.htm.
23.
The recipient acknowledges that all programs funded through suljawards, whether at the state or local levels, must
conform 10 the grant program lequitemems as staled in BJA program guidance.
Oil* FORM 40IXJ.7 (RFV 4-SS[
37
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
A W A R D CONTINUATION
SHEET
PAGE
6 OF
7
Grant
PROJECT N U M a f i K
A W A B D DATE
20I2-DJ-HX-()12S
SPKCIAL
CONDITIONS
Grantee agrees to comply wilh ihe requirements of 28 C.F.R. Purl 46 and all Office of Just ice Programs policies and
procedures regarding the protection of hitman research subjects, including obtainmem of Institution^] Review Bonrd
approval, if appropriate, and subject informed consent.
Grantee agrees LO comply with all confidentiality requirements of 42 U.S.C. section S789g and 28 C.F.R. Pan 22 that
arc applicable IP collection, use, and revelation of data or information. Grantee further agrees, as a condition of gram
approval. 10 submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Pan 22 and. in particular,
section 22.23-
26.
The recipient agrees thai funds received under this award will not be used to supplant Slate or local funds, bui will be
used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law
en force men I activities.
Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports i Jim ugh
QMS (hitps;//granIs.ojp.usdoj.gov). Consistent with Ihe Department's responsibilities under the Govcrnmeii!
Performance and Results Act (G PR A), P.L. 103-62. applicants who receive funding under ibis solicitation must
provide data that measure ihe results ofiheir woik. Therefore, quarterly performance metrics reports must be submitted
through BJA's Performance Measurement Tool (PMT) website (www.bjaperlbrmnncetools.oiK), For more detailed
information on reporting and other JAG requirement!,, refer to the JAG reporting requirement* wcbpuge. Failure to
submit required JAG reports by established deadlines may result in the freezing of gram funds and future High Risk
designation.
28.
The recipient agrees lo monitor suba wards under this JAG award in accordance wish all applicable statutes, regulations.
OMB circulars, and guidelines, including the OJP Financial Guide, and to include' the applicable conditions of this
award in any subaward. The recipient is responsible for oversight of subrccipient spending and monitoring of specific
outcomes and benefits attributable to use of JAG funds by subrecipienis The recipient agrees to submit, upon request,
documentation of us policies and procedures for monitoring of subawatds under ibis award.
29.
Award recipients must verify Point of ContOCt(POC), Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS. including lelephone number and e-mail address. If any information is
incorrect or has changed, a Grant Adjustment Notice (GAN) musi be submitted via the Grains Management System
(GMS) to document changes.
The grantee agrees that within ! 20 days of awaid acceptance, each member of a law enforcement task force funded
wilh these funds who is a task force commander, agency executive, task force officer, or olhei task force member of
equivalent rank, will complete required online (intentcl-bascd) task force training. The training is provided free of
charge online through BJA's Center for Task Force Integrity and Leadership (www.clfli.ors). All current and new task
force members arc required 10 complete this training once during ihe life of the award, or once every four ycari if
multiple swards include this requirement. This training addresses task foice effectiveness as well as other key issues
including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force
oversight and accountability. Additional information is available regarding this required training and access methods
via BJA's web site and the Center for Task Force hilegrity and Leadership (www.etfli.org).
31.
Approval of this award does not indicate approval of any consultant rale in excess of $450 per day. A detailed
justification must be submitted to and approved by the Office of Justice Programs (OJP) program office prior lo
obligation or expenditure of Mich funds.
32.
All contracts under this award should be competitively awarded unless circumstances preclude competition When a
contract amount exceeds $100,000 and there has been no competition for ihe award, tlie recipient must comply wilh
rules governing sole source procurement found in the current edition of the OJP Financial Guide.
OJr FORM 4(100/2 (RI'V. 4-88)
38
Departrnem of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PROreCT NUMBER
2013-DJ-BX-012S
AWAKOUATt
SPECIAL
33
CONDITIONS
With respeet to this award, federal funds may not be used 10 ptiy cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate that exceeds 110% of the maximum animal salary payable to a member of the
federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System
tor iltai year. (An award recipient may compensate an employee at a higher rate, provided ilic amount in excess ofttiis
compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basts at the
discretion of the OJP official indicated in the program announcement under which this award is made.
OJP FORM -••(!«(-; I'krv. 4-881
39
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Memorandum To: Official Grant File
From:
Orbin Terry, NEPA Coordinator
Subject:
Incorporates NEPA Compliance in Further Developmental Stages for Hillsborough
County
The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to
support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of
which could have environmental impacts. Al! recipients of JAG funding must assist BJA in complying with NEPA
and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds
are used directly by the grantee or by a subgniniec or third party. Accordingly, prior to obligating funds for any of
the specified activities, the grantee must first determine if any of the specified activities will be funded by the
grant.
The specified activities requiring environmental analysis are:
a. New construction;
b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area,
including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a
property listed on or eligible for listing on the National Register of Historic Places;
c. A renovation, lease, or any proposed u>sc of a building or facility that will cither (a) result in a change in its basic
prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as
an incidental component of a funded activity and (b) traditionally used, for example, in office, household,
recreational, or education environments; and
e. Implementation of a program relating to clandestine mcthamphetamine laboratory operations, including the
identification, seizure, or closure of clandestine melhamphetaminc laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental
Impact Statement, as directed hy BJA. Further, for programs relating to methamphetamme laboratory operations,
the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan
requirements, please sec http://www.ojp.usdoj.gov/BJA/rcsourcc/ncpa,html.
Please be sure to carefully review the grant conditions on your award document, as it may contain more specific
information about environmental compliance.
40
Department of Justice
OJlicc of Jus'-htf Progiuiri-.
GRANT MANAGER'S MEMORANDUM, PT. I:
PROJECT SUMMARY
Bureau of Justice Assistance
Grant
PROJECT NUMBER
PAUL'
2Q12-DJ-BX-012*
I
OF
I
Tim projcti u, supported under FY12(BJA - MG> 41 USC 37<f>. t-i
1 STAFK CONTACT (Name & iclcphunc niunhi-r)
PROJECT DIRfeXTOR (Name, address ft telephone number)
Felicia RithJui-MTi
Community Services Program ('otirdiniiuw
10119 Wlndhom Rood
Tainpii. FL 3J61V-7B27
Stclanic Harris
(M2) 305-8069
„
la T[T1.1: Ol: THE PROGRAM
Jb POMS CODE (Slit INSTRUCTIONS
ON REVERSE)
BJA KY 12 fcdw.itd By me Memorial Juslitc Assistance GranuJAG) Program
TITU-OF PROJECT
FY 21112 Jiulicc -A'tMsiaacc Oranl P
5. NAM1-. & ADDRESS OF GRANTKI?
6, NAMh A. ADRKSS OF SUBGRANT BL-
601 K Kctmc.l; Houlcv.ird ("i^inly Cen'Ci Jnii I'liKi
Tampa, FI. 33002
7 PROGRAM PI-HIOU
FROM-
8. HUDGKT PERIOD
TO:
O')'3i)'2f!l<
A M O U N T OP AWARD
I I SECOND V P A R ' S IHirJOET
13. THIRD VEAR^BUDOBT PERIOD
FROM-
10/<]|/JO!t
TO-
(W3U/20IS
10. DAT!; OF AWARD
. SI-COND YFAR'S BUWjtiT AMOUNT
14 T H I R D yUAR'S BUDGET AMOUNT
15. S U M M A R Y INSCRIPTION Oh PROJECT (See iralnictign on reverse)
The kilward Byru- Me;iii)riiil Jttslicu ASMSIUIWC Cir.inl Pioniiitn (JAO) nlln"'.i stulci i»nl HUMS ol'local euvcinincnl. uitliiilrii; (rilu;*. In Mi|i]iori .1 tjma.l runjii: nl
acuviiics lo prcvi-nt and uinlfijl I'nme b.ised or, Ilicir own sialf ami liKiil nc«K and conditions (iiani funds curi be used liir suit m\d local initiatives, technical
sssisuncc. Iratning. personnel. CLjuiptncni, supplies, contracnul support, am; inlorniuttun s>-slenis for cnmuial justice, mvludmg for any unc or more of llic
rulluwing purpose areas- 1) law cnfurccmcni prujjranui. 1) proscculWn -in>1 onirl pi upturns. 3) prevention and L-diicaiuin pri>i(ranis; 4) cnneclious utid romnmnily
Cdircclioiiji progfamx; .1) dnig »ciili7iciil ftiid cnlutccmcnt propinms; 6) pl;uiiuiip. I'vulunlmii. and itehnology improvcmcni programs; imd 7) ttimo viclim ami
wilnc.s* prt))triini9. (oUic: Ihnn inmperi«iiion).
Thu Fiscal Year 201? JAO «ws«l will be ulili/e<l [o fund niiunlivfs with o Fi>ci]i on tnrne rtiluctiun Ftirscts will be used (or the HilUbtirimgh C'auniy C'nmilial
Jus!ice (iranl Adminisiriuon Unu lo provide oversight of Uw utvani, ;> IhllhboiouKh County Cudc Enforccjncni Crime Prevention I'rojecl u> focus on crime
DIP FORM 4000/2 (RBV 4-88)
41
prevention, crime reduction^ praffili aba'.crucn! and enforcement of criminal laws; a reentry project ID fund services to individuals Iransil'mungfioinjairnacklnto
She community; a community-based picvenHtin and education program to focus on the reduction of lielinqucncy icfiMTals in IhcjuvciiiTc justice syslcrn; a
Hilliboroush. Drug Take Hack Icjtiativc to expand the current prescription and over Ihc counter dms program throughout the County; end [o complete a J3th
Judicial Circuit"Public Defender's Office Yv'oiVJo.id anil Staffing Study. Sainry, fringe benefits, travel, and supplies necessary for these projects will be funded.
Overall objectives arc to help reduce property crime, violent crime and overall crime throughout the County.
7JCA/NCF