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Agenda 11/14/2017 Item #16D2211/14/2017 EXECUTIVE SUMMARY Recommendation to approve the after-the-fact award acceptance electronically and execute the agreement with the U.S. Department of Justice (DOJ) - Office of Justice Programs to accept funding for the Adult Court Discretionary Grant Program in the amount of $400,000 and approve a budget amendment to allocate the funding. OBJECTIVE: To ensure continued operation of the Collier County Drug Court Program. CONSIDERATIONS: Collier County has operated a Drug Court Program since 1999. In 2010, Collier County was awarded funding for three years to support this program from the U.S. DOJ. After the end of the grant period, David Lawrence Center (DLC) has continued to operate the Drug Court Program with its own funding since 2013. On March 28, 2017, agenda item #16D4, the Board of County Commissioners (Board) authorized submission of an application for funding to DOJ - Bureau of Justice Assistance. The grant proposal included a request for funding to support case management/court coordination, assist with improved participant drug testing, and provide for participant incentives to enhance compliance and funding for Drug Court Team training. Each of these program enhancements will allow the Collier County Drug Court to better comply with national best practice standards. In a letter dated September 23, 2017, Collier County was notified that the application had been approved for funding in the amount of $400,000 for a three-year period commencing October 1, 2017 through September 30, 2020. Drug Court Programs nationwide have shown tremendous success in reducing re-arrest rates, thus reducing jail costs to communities. These statistics have shown that only 18% of past Drug Court graduates were rearrested as compared to a 40% re-arrest rate for those who did not complete the program. The Collier County Drug Court Program has been successful, and program managers have adjusted well by maintaining the level of service even when presented with funding restrictions. Several areas of needed enhancement were identified and presented in the grant application. The award will enhance the collaboration of the Drug Court Team including DLC, Court Administration, the State’s Attorney, Public Defender’s Office, and the Sheriff’s Office Department of Corrections. Collier County will serve as the fiscal agent and the Community & Human Services Division will manage the grant. The award will include a sole source sub-recipient award to DLC, which is the only comprehensive publicly funded substance abuse agency in Collier County. They are also the only treatment provider with the Drug Court Team. Sole source justification was included in the grant proposal that was approved. All sub-award contracts will be presented to the Board later for review and approval. As a requirement of the award, Collier County had to accept the award electronically from the Department of Justice Grants Management System by November 8, 2017 and performed the acceptance in advance of this executive summary. This action was necessary to obtai n all documents that require the Board’s acceptance and execution. The authorized Grantee Official must initial the bottom right corner of each page listing any Special Conditions of the Award Document. The County Manager has reviewed and accepted DOJ FY17 Adult Drug Court Enhancement Grant, Award 2017-DC-BX-0053. Collier County CMA #5330 authorizes the County Manager to approve the submittal of grant awards with subsequent Board of County Commissioners action at the next available board meeting to ratify approval as "after- 16.D.22 Packet Pg. 1476 11/14/2017 fact". FISCAL IMPACT: The acceptance of this grant agreement totaling $400,000 will allow the operation of the Collier County Drug Court program. Collier County and partners will be required to provide a match equal to 25% of the total project cost. It is anticipated that the matching funds will be collected from participants fees and in-kind office space for Drug Court staff. There are no general funds associated with this grant. The grant will be budgeted in Human Services Grant Fund 707, Project 33540. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact. LEGAL CONSIDERATIONS: This item is approved for form and legality and requires a majority vote for Board action. - JAB RECOMMENDATION: To approve the after-the fact award acceptance electronically and to execute the agreement with the U.S. Department of Justice - Bureau of Justice Assistance to accept funding for the Adult Drug Court Discretionary Grant Program enhancement in the amount of $400,000, and approve a budget amendment to allocate funding. Prepared By: Tomas Calderon, Grant Coordinator; Community & Human Services Division ATTACHMENT(S) 1. Agreement & Memo (PDF) 16.D.22 Packet Pg. 1477 11/14/2017 COLLIER COUNTY Board of County Commissioners Item Number: 16.D.22 Doc ID: 4079 Item Summary: Recommendation to approve the after-the-fact award acceptance electronically and execute the agreement with the U.S. Department of Justice (DOJ) - Office of Justice Programs to accept funding for the Adult Court Discretionary Grant Program in the amount of $400,000 and approve a budget amendment to allocate the funding. Meeting Date: 11/14/2017 Prepared by: Title: – Community & Human Services Name: Tomas Calderon 10/25/2017 2:33 PM Submitted by: Title: Division Director - Cmnty & Human Svc – Public Services Department Name: Kimberley Grant 10/25/2017 2:33 PM Approved By: Review: Community & Human Services Kristi Sonntag Additional Reviewer Completed 10/27/2017 9:27 AM Public Services Department Kimberley Grant Additional Reviewer Completed 10/27/2017 9:54 AM Community & Human Services Maggie Lopez Additional Reviewer Completed 10/27/2017 10:18 AM Community & Human Services Blanca Aquino Luque Additional Reviewer Completed 10/27/2017 12:04 PM Public Services Department Joshua Hammond Level 1 Division Reviewer Completed 10/30/2017 6:44 AM Operations & Veteran Services Sean Callahan Additional Reviewer Completed 10/30/2017 7:35 AM Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 10/30/2017 8:41 AM Grants Erica Robinson Level 2 Grants Review Completed 10/30/2017 12:11 PM County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 10/31/2017 9:49 AM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/31/2017 10:27 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/31/2017 3:56 PM Budget and Management Office Ed Finn Additional Reviewer Completed 11/02/2017 3:33 PM Grants Therese Stanley Additional Reviewer Completed 11/07/2017 9:34 AM County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 11/07/2017 4:34 PM Board of County Commissioners MaryJo Brock Meeting Pending 11/14/2017 9:00 AM 16.D.22 Packet Pg. 1478 c,frff*co vLnW ffice of Management & Budget TO: Leo E. Ochs, Jr., County Manager On September 23,2077, Collier County received notification that the grant was awarded in the amount of 5400,000 plus match of S163,380. As a requirement of the award Collier County must accept the award electronically from the Department of Justice Grants Management System by November 8, 2017. We a re asking that the County Ma nager authorize acceptance of the awa rd electronica lly by CHS followed by an after the fact approval by the Board of County Commissioners at the November 14, 2017 BCC meeting. Grant Application Reviewed and Approved by County C ll -) or designee ager 3299 TamiamrTrail East, Suite 201 . Naples, Florida 341 1 2-5746 ' 239-252-8973 . FAX 239-252-8828 CC: Kristi Sonntag, Manager Federal/State Grants - Public Services FROM: Therese Stanley, Manager - Grants Compliance DATE: Novembet 6,2OlT RE: County Manager review and acceptance of the Department of.lustice FY17 Adult Drug Court Enhancement Grant, Award 2017-OC-BX-0053 On March 28, 2OL7 , the BCC a pproved an After the Fact application to the Department of .Justice for the FY17 Adult Drug Court Enhancement Grant in the amount of 5572,527. Once you have reviewed the grant award, please call me at 239-252-8198 for pick up. Thank you, and please let me know if you have any questions regarding this request. After-the-Fact Approval by the BCC is required at the November 14, 2017 BCC meeting 16.D.22.b Packet Pg. 1479 Attachment: Agreement & Memo (4079 : Drug Court Grant) U.S. Department of Justice Ofncc of Justice Prograrns Bureau of Justice Assistance 5. PROJECT PERIOD: FROM BUDGEI PBRIODI I?ROM TO 09/3012020 "to 09801?020 l0m lr0l7 tolotD0t7 I . RECIPIENT NAME AND ADDRESS (lrcludinS Zip Cod6) Collicr County 3299 Tori$mi Tnil Elst Nrplc!, FL 34112-5746 2r. GRAN'fEE IngVENDOR NO. 596000561 Ioilial $o 7. ACTION s 400,000 9. PREVIOUS AWARD AMOIJNT IO, AMOTJNT OF TIIIS AWARD 6.AWARDDATB 09/232017 8. STJPPLIMENT NUMBBR 00 I I. TOTAI, AWARD $100,000 I2. SPECIAL CONDTIIONS TI{B ABOVB CRANT PROJBCT IS APPROVED SUBJECT TO SUCH CONDINONS OR LTMITATTONS AS ARB SET FORTIT ON THE ATTACHBD PACE(S). 13. STA'ruTORY AUTHORITY FOR ORANT Tbls projcrl i! ruppo(cd undq FYI ?(BJA - Drug Col[r.) 42 USC 3797$; Pub. L. No. I l5-31, 13l 9.r 135, 205 3. PROJBCT TI'TLB Coll16r Cour*y Adult Dng CoLtt Enhaoc.n1cnt 14 . C TALOC OF DOMESTIC FEDEIAL ASSISTA].ICE (CFDA Nultlbcr) l6.5Ei - Dru8 Coun Dlscr.llon!ry OIrol Pm8trm AGENCY APPROVAL I 5. METHOD OF PAYMENT GPRS I6. TYPBD NAME AND TITLE OF APPITOVINC OFFICIAL Alrn R. Hosor Acling Arrirh;t Attom.y CcDcrll I8. TYPED NAME AND TITLE OF AU'THOT,IZBD GITANTEB OPFICIAL Lco E. Ochs County Mrnngcr I9. SICNATURE O!' A,UI.HOR]ZBD RACIPIENT OFnCIAL ---t2t,0409 I9A. DATE ,1\,, f r-r I7, SIONATUNts OP APPROVTNC OFFICIAI0l*a71*, AGENCY USE ONLY SUB. POMS AMOUNI 00 rO0O0 20. ACCOTJNTINC CLASSII'ICA'TION CODBS I'ISCAL FIJND BT.ID. DIV, YNAR CODE ACT, OFC. REO. xDDC8000 2t. sDcucT0r6s PAGE I OF II Grant 4. AWARD NUMBER; 20l7.DC-BX'0o53 oIP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS A-RE OBSOLETE Assistunt CountY Allr)fl lsY 10 2b. GRANTBE DI'NS NO. 01599?790 GRANTEE ACCEPTANCS 1^-.^.,^l ." r^ f^.fi an.l l,r'rliru l 16.D.22.b Packet Pg. 1480 Attachment: Agreement & Memo (4079 : Drug Court Grant) U.S. DepBrtment of Justice OfEce of Justicc Programs Bureau of Justice Assistanc€ AWARD CONTINUATION SHEET Grant PAOB 2 OF II PROJI1CTNT]MBER 201?.DC.BX.OOs3 SPECIAL CONDITIONS I . Requicmcnts of the &ward; rehcdics for non-compliance or for matcrislly fsls€ statemonts The colditions of this aw&rd arc material requirements of thc award. Compliancc with atry ce ificatiom or sssurarlccs subroitted by or on behalfofthe recipietrt thlt relate to conduct during thc pcriod ofperfomarc8 also iE a Eatelisl rcquirement of this awErd. Failure to comply with any one or mor6 ofthese award rcquircmcnts - whcthq a coDdition sct out in firll below, a condition incorporatcd by refercnce below, or a ccllifrcation or sssurancc rclatcd to conduct during thc award pcriod - Eay result itr the Office ofJustice PrcgramE ("OJP") loking appropriate action with rospect to the rbcipio End tbc award. Among other things, the OJP rnqy withhold award flrnds, disallow costs, or suspcnd ot terminate the award. The Depsrtment ofJustice ("DOJ"), includioS OJP, also may takc othcr le88l actiorl as apptopriate. Any materially false, fictitious, or froudulent statement to ths f€deral govemmeot rclated to this award (or conccalmctrt or omissiotr of s matcrial fact) may be thc subject ofcriminal prosecution (including undcr l8 U.S.C. l00l sn or 1621, strd/or 42 U.S.C. 3795a), aud aleo may lcad to imposition ofcivil penalties aod administrativc rsm€di€s for false claims or otherwise (including under 3l U.S.C. 3?29-3730 and 3801-3812). Should any provision of a requirement ofthis award be hotd to be invalid or unonforccablo by in tcrma, that provision shall first be applied with & limit€d cofftnrclioB so as to giye it the maxirnum elfect permittcd by law. Should it bo held, instoad, that the provision is uttclly iuvalid or -uncnfolccablc, such provision shall bc dccmcd sevcrable from tbis award. 2. Applicability ofPart 200 Uniform Rcquiremcntg The Unifom Adrninisb&tive Roquilemetrts, Cosl Principle8, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ itr 2 C.F,R. Psrt 2800 (together, thc "Part 200 Uriform Requiremcnts") apply to this FY 2017 ewsrd from OJP. The Part 200 Unifomr Requircmcots were 6Ist adoptcd by DOJ oo Dcccrnber 26, 2014. Ifthis FY 201? award supplements funds previously awadcd by OJP uEdor thc 6amc awald trumber (c.g., ftEds awarded during or beforc Decomber 2014), thc Pafi 200 Utriform Re4uironoots apply with respcct to all funds under that award number (r'egardless ofthc award date, and regardless ofu,heth€r derived from the initial award or a supplcmcrtsl award) thst are obligated on or after the acccptatrce date ofthis FY 2017 Elvard. For more infolmation aod resources ort the Part 200 Uoifou Rcquircmctrts as thcy rclitc to OJP rwards ard subawards ("subgrants"), sec the OJP websiic at https: llojp.go,tlfundingPafi00uniformRcquircmorh.hhn. Io the event that aD award-rElsted question Erises [o!n documetrts or other materials prcp8rcd or dirtributad by OJP thal may appear to ooaflict with, or diffcl in some way ftotrl, th€ provisioDs of the Part 200 Uniform Rcquircmcnte, the recipi€nt is to coltact OJP promptly for clarifrcation. 3. Compliarce with DOJ Gratrts Finalci8l Guids The rccipient sgrees io comply with the DOJ GIants Financial Guide as posted oo thc OJP websitc (cunoudy, tllc '2015 DOJ Grants FioEncial Ouidcu available at https://ojp.goy/finarcialguid€/DOJ/iodcx.hm), including any updated vcrsion that Etay bo posted duriug the period ofperformance. C AWARDDATE OgN3NOI? ...F i rIl 16.D.22.b Packet Pg. 1481 Attachment: Agreement & Memo (4079 : Drug Court Grant) U.S. DeDBtlment of Justicc Offi ce of Justicc Programs Bureau of Justlce Assistance AWARD CONTINUATION SIIEET Grant AWARD DATB @D3NOI1 PAOS 3 0F ll PROJ ET:I' NI]MBER 20 I7.DC.BX,OOs3 SPEAAL CONDITIONS 4. R-cquircd trainiag for Point ofConlact 8rd allFiuanciol Poiots ofcontact Thc |ccipieut sho$ld anticipate thst OJP will iEmediatsly withhold ("flBozc") award funds ifthe recipient lails to comply with this coodiliou. The recipient's failue to courply also may lead OJP to iuposc additional appropride cooditions on dris award. 5. Requirsmeots relsted to "de mitrimis" indirect cost tate A rccipicot that is eligible under the Part 200 Utriform Requirements and othcr applicsble law to uss ths "de midmis" indirect cost late describcd i! 2 C.f.R. 200.414(0, and that elects to use the "de oinimis, irdirect cost rate, must sdyise OJP in writing ofboth its clig.ibility snd its olectior, Erd must comply with all associsted rcquircmcltE in thc Part 2r0 Uniform Requilcmcnts. 'fhc "de minimis" ratc mEy be applied orly to modilied total direct costs (M'[DC) aa defined by the Part 200 Uniform Re4uircments. 6. Requirement to repo potcDtially duplicative fundiug lfdre recipient cu.r€ntly has other uctive awards of fcderal funds, or if thc rccipicnt rcceives any othcr award of fedoal funds during the period of pcrfonnance for this award, the recipient plomptly murt deterrnioe whothcr funds fiom 8ny ofthose other fcdcral awards have bccn, are boing, or are to be used (in whole or in pad) for orc or morc of the ldentical cost items for which &nds are provided under this award. Ifso, the lecipient must prooptly notify the DOJ ewardiag agcacy (OJP or OVW, ar appropriatc) itr writing ofthc pot€ntial duplicstion, sl1d, if so requcsted by tho DOJ uwardiog agcncy, must seek s budgot-modification or changc-of-project-scope gr aut adjustrnent notico (GAN) to eliminate any inappropriate duplication of firnding. Both the Point of Contact (POC) and all Financisl Points of Contsct (FPOCS) for this Ew8rd must have successflrlly complctcd an "OJP finEncial managcmeot and gant adDinistration training" by 120 days aftcr the date ofttc recipicnt's acccptance ofthe $ Rrd. Succeseful completion ofsuch 8 hairting or or af€r Janusry 1,2015, will satisfl this condition. 0 (\\-lla l l ln the evcnt that cither the POC or an FPOC for this awErd chEnses during the peliod ofperbmmce, th€ trow POC or FPOC must have succesafully comploted an "OJP Iin8uci8l maragemcot aud grsnt admini8tration trsiling" by 120 calendar days aRcr'- (l) thc date ofOJPb spproval ofthc "Changc Grantce Conhct" GAN (ir thc carc of a ncw POC), o! (2) thc dste the POC cnters informstior or tho new FPOC in GMS (in the case of a new FPOC). SuccessfuL completion of such a training on or sfrer Joru&y l, 2015, v/ill satisff this condition. A list ofOJP haiEitrgs that OJP rrill coNider "OlP financia.l mansgemert ard graqt admiuistmtion tmining" for purposes ofthis conditiotr is svsilabls Et https://wry'x.ojp.gov/traidng/fints.htm. Au hlaioings thqt satisfy this condition include a scssion on grant fraud prcvention atrd detection. 16.D.22.b Packet Pg. 1482 Attachment: Agreement & Memo (4079 : Drug Court Grant) U.S. Dcpadmcttt of Justice Offi cc of Justicc hograllrs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAOE 4 08 lr SPECIAL CONDLTIONS 7. Rcqu elncots rElated to Systcm for Award ManEgemc[t ald Univereal Idcntifrer Rcquircments The rccipient must comply with applicablc rcquiremcnts rcgarding thc System for Arylrd Managemcot (SAM), crmcntly accessiblc at https://www.sam.gov/. This includes applicable rcquircments regarding registsstiotr with SAM, 8s well Bs maintaiuing the cu oncy of informstion in SAM, The recipient also must comply with applicablc restrictions on srbawards ("subgrants") to fiBt-ticr subrecipicnis (fiIst-tier "Eubgraotees"), including restriclions on subawards to entities that do not acquire and ptovid€ (to tho recipierlt) tho unique entity identifier required for SAM registration. The detEils of the recipient's obligations relatod to SAM and to unique €ntity idenrifiqrs arc post€d oD the OJP web site 8t bttps://ojp.gov/funding/ExplordSAM.htrn (Award condition: System for Award Management (SAM) and Univcrsal ldentfier Rcquirements), and arc ircorponted by refcrcnce hcrc. This condition does not apply to an awsrd to an individual who receivod the award as a natural person (i,e., ufiElsted to any business ot non-profit organizatioo that hc oI she l!r&y own or operate in his or her name). 8. All sttbewards ("subgants") must havo specific fcdcral authorization The rccipisnt, ald auy subrecipicnt ("subgrantee") at arry iiet, must compty with all applicablc requirements for suthorization of any subaward. This coodition applies to ngreemetts that - for purloses of fedeml grauts administrative requiroments -- OJP coo8idcrs I "subaward" (aod therefore does not coneider a ptlcurcmcDt "contract"). The details oftho r€quilemont for authorization ofany subaward 8ro posted oo the OJP web site at https://ojp.gov/funding/Bxplorc/SubawErdAuthodzatiotr.hto (Award condition: All subawards ("subgrsots") must hrvc specific federal outhorizstiotr), and ars incorporat€d by rcf€rencc h€ro. 9, SpeciEc post-award approval required to uso 8 norcoulpclitivc approach in any procueme co ract that would exc€€d $ I 50,000 Thc recipienl, aud any subrecipient ("subgratrtee") at aly ticr, Dust conply with all applicable requiremelrc to obtain spccific advance approval to use a noncompetitive appmach iE any procurement contract that would €xceed the Simplified Acquisition Thrcshold (curently, $150,000). This condition spplics to agr€rmonts thEt -- for purposcs of fedcral grans admioistratiye rcqui&lncrlts -- OJP considers a procurcmeot 'rcontrsct'r (and drcrcforc does not cousidcr a subaward). The details ofthc requiremelt for advs[ce apprcval to use a nolsompctitive approach itr a procrucmcnt contnrctunder an OJP award are posted on thc OJP web sito st httpsr//ojp.gov/funding/Explorc/NoncompetitiveProcuremetf.htm (Award condition: Specific post-aw8rd approvsl rcquiEd to usc a noocompetitive Epproach in a procuremont conbBct (ifcontsact would exceed $150,000)), and are incorporutcd by reference here. &c t\t, l'-r PROJECTNT'MBBR 20I7-DC-BX4O53 AWAIIDDA]E 09n3D011 16.D.22.b Packet Pg. 1483 Attachment: Agreement & Memo (4079 : Drug Court Grant) U.S. Departmelt of Justice OIFrcc of Justicc Progmms Bureau of Justice Assistance AWARD CONTINUATION SgEET Grant AWARDDATE O9N3NOI7 PAOE 5 OF II PROJECTNTJMBER 20I7-DC.BX-0053 SPECAL CONDWONS 10. RcquirE$cnt6 pcrtrining to prohibitcd cooduct rclatcd to hrfficking in persons (includbg rspo1tillg lEquircmcuts 8!d OJP authority to tcrmirato awild) The recipicnt, and any subrccipient ("rubgrantee") at any ti€r, must compty wilh all applicEble requircmcnts (ircluding rcquireEcnts to rcpon allegations) pertsining to prohibited conduot related to tue traffickiDg ofper8otr8, wlether o[ the part of$cipients, subrccipients ("subgrantcos"), or hdividusls defioed (for purpos€s of this condidon) 8s "omployoos" ofthe recipient or ofany subrccipient. The details of the recipient'r obligntions related to prohibited conduct related to trallictiug iu penons ere posted on the OJP web site at https://ojp.gov/fundirylBxplorc/Prohibitodconduct-Trafiicking.htm (Award condition: Prohibitcd conduct by recipi€nts and subrccipients relatcd to UalEcking i! persons (including rcportinS reqtlirrment3 and OJP suthority to t€minat€ award)), and are iucorporated by reference here. I L Compliance with applicable rules rcgarding approval, planning, and reporting ofconferenccs, mcotings, taitrings, snd other events The recipient, and any subrecipient ("subgrantcc'r) st atry tier, must comply with all applicablc laws, rcgulations, policics, and o(ficial DOJ gtidancc (including specifrc cost limits, prior approval and rtporting requiremetrts, wh€re applicable) goveming the use offederal firnds for expenses related to corfclcnc€s (08 that term is deflncd by DOI), including the provisioo offood arrd/or bevcragcs at Buch confcrences, aod costs of attondancc at such cadclEnccs. Irfomatiotr on the peltinent DOJ definition of conferences and the rules applic{ble to this award appears in thc DOJ Grants Financial Guide (cunEntly, ss section 3.10 of"Postaward Rcquirements" in the'2015 DOJ Grants Financial Guide"). 12. Requiremcnt for data on performance and effectiveless utrder thg award The recipioot must collect and mairrtairt dstt thrt meEsur€ thc petformatrc€ snd cffcctivone,ss ofwork under this awatd, The data must be provided to OJP in the nEnner (iocluding within the timc&EEes) spccficd by OJP in tbe program solicitation or othe! applicable writtctr guidrncc. Data collection supports compliance with thc Govemmed Performance and Results Act (GPRA) and the GPRA Moderdzstion Aca of20l0, Bnd other applicable laws. 13. OJP Training Guiding Pdnciples Any tmining or trainirg matcrials that the recipieut -- or any subrecipient ("subgronteo") 8t atry tior - d€velops or delivers with OJP award funds must adhere to the OJP Troid.ug Guidiog Principles for Crantees and Subgrantees, availablc at https://ojp.govlfunding/ojptrainingguidingprinciplcs.htrn. 14. Effect offsilure to addre,ss 8udit issues The recipient undextands and sgrees thet the DOJ awarding agercy (OJP or O\rW, as appropriate) mry withhold award fuods, or may impose other rclated rcquiremenb, if (as determincd by thc DOJ awardillg agcncy) the rccipicDt does not satis&ctorily atrd prpmptly address outstanditrg issues from audits rcquircd by the Palt 200 Unifonn Requirements (o! by thc tenns of this award), or othff outstEnding issues thst adse in connoctiol with audits, investigations, or reviews ofDOJ awods. 15. Potential imposition ofadditionalrequirements The recipient agle.es to comply widr any additiooal requiements that mry bc irnposed by tho DOJ awElding sgency (oJP or ovw, as sr,Drooristis) du ns the Deliod ofDedormaoce for this aw8rd. ifthe rccipient is dosi$at€d rs "high- r(4n 16.D.22.b Packet Pg. 1484 Attachment: Agreement & Memo (4079 : Drug Court Grant) AWARD CONTINUATION STIEET Grant AWAITDDATE O9D3DOI1 PACE 6 OF II prtoJBcl NUMBER 2017-DC-BX-0053 U.S. Deps ment ofJustico Office of Justicc Programs Bureau of Justice Assistance SPECUL CONDITIONS 16. Compliarcc with DoJ rEgulations pcrtsining to civil dghts and nondiscrimination - 28 C.P.R. Part 42 l?. Compliance wilh DOJ regulatioff pertaining to civil rights and nondiscrimiualion - 28 C.F.R. Psrt 54 Thc rccipient, and any subrccipicnt ("subgrante€") at any tier, m$st comply with all applicable rsquiromcflts of28 C,F.R, Psrt 54, which relates to nondiscriminatioa on tho basis of sex iu ccrtaitr "educatiotr programs." 18. Compliance with DOJ regulatioru pcrloining to civil rights and noudisoimination - 28 C.F.R. Pa$ 38 Thc rccipicnt, and any subrccipicot ("subgatrtee") Et aoy tier, must comply with all applicable requiremeote of28 C.F,R. PErl 38, specifically iDchrding any applicablc requirements regarding writtcn lotics to program beucficiaries and prospective prcgram beneficiaries, PErt 38 of28 C.F.R., a DOJ rcgulatioq wa6 smerdcd effective May 4,2016. Among other things, 28 C.F.R. Part 38 includes rulcs that prohibit Bpecific forms ofdiscrimination on the basis of religion, a rcligious bclief, a refusal to hold a rrligious belief, or refilsal to attend or participate in a roligious practice. Palt 38 slso sets out rules and rcquircmcnts Brt pcrtaio to rccipicnt and subrrcipient ("subgrantee") organizations that engage iD ol conduct explicitly reliSious actiyitics, as well ss rulcs and requircments that pertsin to rccipients and subrecipients that are faith-based or leligious orgflnizstioJN. The text of thc rcgulatioo, oow eDtitled "Parhrcrships witb Faith-Based and Other Neighborhood Organizations," is avsilablc vi& tho Electronic Codc ofFcdenl Regulations (curreotly qccessible at https://wrM\y.ccfr.gov/ogi- bin/ECFR?page=browse), by browsing to Titls 28-Judicisl AdmiriEtrztion, Chaptcr l, Psrt 38, urder c-CFR "currcod' data. 19. Reshictioos on "lobbyitrg" In general, as a matter offederal law, federal firnds awarded by OJP may not be used by the r€cipie[t, or &oy subrecipicot ("subgrantee") at 8try tier, either directly or indircctty, to cupport or opposo the ctracEtrcut, repeal, rnodification, or adoption ofany law, rsgulatiotr, o!policy, at any level ofgovernmcnt. See l8 U,S.C, t913. (Thenc may be exceptioDs ifan applicable fcderat ststutc specilically Buthoriz$ ccrtaill activitios that otheiwire would be baned by law.) Another fedcral law gercral.ly prohibits fedenl frrnds awardcd by OJP from being used by lhe reaipiellt, or any subtecipiont at any ticr, to psy any pcnon to influence (or attempt to influence) a fedoral rgelcy, a Member of Congress, or Congrcss (or ao oflicial or employee ofany ofthem) with respcct to the Ewarditrg ofa fcdcrrl grant or coopeEtivo agrccmcnt, subgrant, contract, subcontract, ol loan, or \.vith rcgpcct to actionE such os rcnewing, extctrding, or modiling any such award. Scc 3l U.S.C. 1352. Ccrtain exccptiors to thh law trpply, includiry on exceptiotr thst applies to Indian tdbes 8nd tribal orgaoizatiotrs. Should auy question uise as to wh€ther s paniculu use offederal funds by a recipient (or subrecipicnt) would or might fnll within the scopc of th6e plohibitions, the rccipicnt is to contact OJP for guidancc, rnd lnay not proceed without thc express prior written approval ofOJP. (\// Thc rccipicut, aod aoy subrecipient ("subgrantee") at any tier, must compty with all applicable requ ements of28 C-F.R. Part 42, spccifically including aoy applicablc rcqui]cmcnts in Subpart E of28 C.P.R. Part 42 that relatc to ar cqual cmploymoDt opportuoity p!o8ram. 16.D.22.b Packet Pg. 1485 Attachment: Agreement & Memo (4079 : Drug Court Grant) U,S. Dcpaltmcnt of Justico Oflice of Justicc Programs Bureau of Justice Assistsnce AWARD CONTINUATION SHEET Grant PAGB 7 OF II PttoTECTNUMEER 2017-DC-BX-0053 AWARDDATE O9N3hOI7 SPEC]AL CONDITIONS 20. Compliance with gonelal appropriationsJaw rcstrictions on t[c usc offcdortl funds (FY 2017) The recipient, aud any subrccipient ("subgrantee") at atry tier, must comply with all applicable restdctionE on lhe use of fedeml funds set out in fcderal appropriations slatutcs. Portinctrt rcstrictioDs, including ftom various "gcneral provisiors" in the Consolidated Appropriations Act,2017, arc sot out at https://ojp.gov/funding/Explore/FYlTAppropristiorsRestrictions.htm, and are incorporuted by refercace hero. Should a qucstion ariac as to whcthc! a particula! use offcderal funds by a rEcipicDt (or a subrecipieot) would or might fall within thc scopc ofar sppropriationsJaw rcahiction, the rccipicrt i$ to cotriact OJP for guidanco, aDd may noa proceed without the exprcss prior written approvrt ofOJP. 21. Repo ilg potetrlial iaud, waste, aEd abusc, and similar miscondrct The recipient, and any subrccipionts ("sqbgrante€8") at any tier, must promptly lefer to thc DOJ Office ofthe llrspcctol Geoeral (OIG) any orediblo eyidsnco that I pdncipal, employeo, agont, subrpcipisnt, conhactor, subcontractor, or othcr person has, in connection with funds under tlis award- (1) submittcd a cloim that violates the False Clairos Acti or (2) committed a qiminal or civil violation oflaws pcdaidng to ftaud, co!flict of interest, bribery, gratuity, or sirnilar misconduct. PotentiEl fraud, waatc, abuse, or misconduct itrvolying or relatirg to funds undsr this swald should bc rcported to the OIC by- (l ) m&il dirccted to: Oflico ofthe Inspector General, U.S. Department ofJu8tice, Investigations Division, 950 Pennsylvania Avenuc, N.W. Room 4706, Washington, DC 20530; (2) o-mail to; oig.hotlhe@usdoj.gov; atrd/or (3) the DOJ OIG hotline: (cotltact idonnatiorl in English aud Spalish) sr (800) 869-/U99 (phonc) or (202) 616-9881 (fax). Additional iuformation is available ftom thc DOJ OIG website ar https://$,vw.usdoj.gov/oig. ( It \--) 16.D.22.b Packet Pg. 1486 Attachment: Agreement & Memo (4079 : Drug Court Grant) U.S. Department of Justice Office of Justice Programs Bureau of Justlce Assistance AWARD CONTINUATION SI{EET Grant PAOB 8 OT II SPECUL CONDIfiONS 22. Restrictions atrd ccttificatioN regarding non{isclosurc agreem€nts and rclatcd mattors No rec.ipient or subrecipient ("subgrantee") under this award, or cntity that rcceives E prccurcment contraot or subcoobact u/ith atly funds uoder this 8ward, may rcquirc any cmployee or contractor to sign 8n intcmal confidcntiality agleemcnt or statement that prohibits or othsrwise restdcts, or purports to prchibit or reshlct, the rcportiug (in accordanco with law) ofwaste, fliud, or abusc to 8tl iovestigative or law soforccment rcpresentative ofa fedcral dcpartmclt or agency authorized to receive such infomation. T]re foregoing is uot i erded, 8[d shall lot be understood by the agenoy making this award, to cortavene requirements applicable to Standard FoDa 312 (u,hich rclatcs to clossifrcd infomation), Form ,1414 (which rclatc8 to seositive compafmented infornration), or any other fonn issued by s federal departm€nt or ageDcy governilg tho nondieclosurc of classified infonnation. a. it represents that-- (l) it ltas detcnniucd t[8t tro other ontity that the lecipient's spplicltion proposes may or will receive award firndg (whcthcr through a subowad ("subgrant"), procurcmctrt cootract, or zubconhact under I plocurEment conh8ct) cith6 lequires or has lequircd intemal confidentiality agreements or stltemonts from omployoos or contractoB that curc[tly prchibit or othcrwise curently restrict (or puDort to Fohibit or rcshict) employees or cqtltrsgtors from r€portiDg wa6tc, fraud, or abuse as dcsclibcd abovcl aud (2) it has made appropriste inquiry, or othqwise has atr adoquale factual basis, to support this rcprcscntation; 8nd b. it cenifies that, if it [c!r]rE or is notified that any subrecipio[t, conh?ctor, or subcotrtractor €ntity thst receiv€s funds under this awEl d is q! has b€en requiriEg its cmployees or cofltractoff to sxecute sgrccrncot3 or statemcots that prohibit or otherwise restrict (or puryort to prohibit or rcshict), rcporting ofwaste, fraud, ot abusc aE described &bove, it will iqlmcdietely stop auy fiIther obligations of award fuuds to or by that etrtity, will plovide prompt written notiflcatio! to the federsl sgcDcy makitrg this aw8rd, and will rcsume (or permit rcsuDptiotr of) such obligotions only ifexprcscly authorized to do so by that &gency. x ,\U PROJECI'NUMBER 20I7.DC.BX.OOs3 AWAR.D DATI O9n3l20l7 l. In accoptitrg this award, the recipienF- a. rcprcsents that it lcither requires nor has requiEd irtemsl colrfdellti8lity aSrccments or statcmcnts tom crtrployccs o! contractoF that curre[tly ptohibit or otherwisc cur'lelltly rcstrict (or purport !o prohibit or restrict) cmploy€cs or oontractom 6'om r'oporting u,aste, flaud, or abusc as desoribed above; and b. ccrtifics that, if it learns or is notificd tbat it is or has bcco rcquiring its employees or contictors to oxecute lgrc€m€nts.or statomonts thEt prohibit or othemise rcstrict (or purport to prohibit or restl ict),Ieporting ofwEsb, frEud, or abuse as dssclib€d above, it will immediately stop any firlther obligatious ofaward tlods, will provide prompt writtel DotificatioD to dre &dcral agency Baking this award, and will resumc (or permit rcsumption of) such obligalions only ifexpressly authorizcd to do so by that agency. 2. If thc rccipient doe.s or is authorized under thb sward to makc subEwards ("subgnnts"), Focucmont cootactr, or both- I 16.D.22.b Packet Pg. 1487 Attachment: Agreement & Memo (4079 : Drug Court Grant) U.S. Departm€nt of Justicc Offcc of Justicc Progmms Bureau of Justice Assistance AWAITD DATE WN'NOI1 PAOE 9 0P PROJEC'I'NUMBER 2OI7.I]C.BX.OO53 SPECIAL CONDITIONS 23. Compliancc with 4l U.S.C. 4712 (including proLibitioas on rcprissl; Eoticc ao emptoyeos) The recipieut (and any subrecipient at any tioD must conrply with, 8nd is subject to, all applicable provisions of41 U,S.C. 4712, includiag all applicablc provisioDs that prohibit, under specified circumstanccs, disoiminatior agaimt nn cmployec as rcprisal for the cmployce's disclosurc ofiuforEation relEted to gross mismanagomcNlt ofa fedc[8] gr8nt, ! gross waste of federal funds, an abuse of autlrority relEtilg to 8 fcdor8l grEnt, a substantial and specilic dangcr to public health or safety, or a violation of law, rulc, or regulation related to a federal graot, Thc rccipieut also must rform its employe€s, itr w|iting (aod in the predominant lstivs languagc of tbc worlforce), of employce rights and lomedies uoder 4l U.S.C. 4712. Should I question arise as to the applicability of tbe povisions of4l U.S.C. 4712 to thir award the rccipicnt i8 to cortact tLc DOJ awardiry agercy (OJP or OVW, as &ppropliatc) for guidance. 24, Bncouragemetrt ofpolicics to b8o tcxt mcssaging while driving Pursuatrt to Executive Older 13513, "Federa[ Leadersbip on Reducing Text Mcssaging Whilc Driving," ?4 Fcd, Reg. 51225 (Octobcr l, 2009), DOJ encourages rccipionts and subrrcipients ("subgnntees'r) to adopt and edorce policies bafldng snploycos &om text messagitrg while driving any vehicle during the course ofperfonnirg ]vork fund€d by this 8ward, nnd to estsblish wolkplace safety policies and conduct cducatio!, awareness, and o&er ouulach to dccr€0sc crashcs causcd by distracted drivcls. 25. Requircment to disclose rvhether rccipiclt is dcsigdated "high risk" by a fedcrsl grsnt-makitrg agency outside ofDOJ Ifthe reciiient is desiSnatcd "high risk" by a fedcral grant-making agency outside ofDOJ, currently or &t any time during the couse of the pcriod of pcrformance under this award, the rccipicot must disclose that fsct and cc aitr rclated information to OJP by email at OJP.CompliarccRepofiing@ojp,usdoj.gov. For purposes ofthis disclosure, bigh riok includes any status uodcr which a federal awarding Egctrcy prcyidcs Edditionsl ovqsight duc to the rccipietrt's psst psrfornatrcc, or oth programmatic or financisl corcms with lhe rccipiont, The rccipieut's disclosue must include the following; l. Tho federal awardiog egency that curentty dcsignatcs thc rccipicnt high risk, 2. Thc dltc thc rccipicot was designatcd high risk, 3. Thc high-risk poitrt ofconttct al that federal awardhg agcncy (namc, phone numb€f, snd email addross), and 4. The reasons for the high-risk status, as set out by thc federal awardiog agency. 26. The recipient agroes to submit to BJA for review and approval any curicula, trainirg matcrials, proposed publicationr, rcports, or any other w tten materisls that will be published, including web-based naterials and wcb sito couteot, through funds frotrr this grant &t leEst thtty (30) working days priot to the targctcd dissemhation date. Any wdttoo, visual, or audio publicatiotE, with the exception ofprcss relcas€s, whcther published at tho grrntee's or govqnment's expense, sh6ll cotltail the following statemetrt8: "This project was supported by Grant No. 2017-DC-BX-0053 awarded by the Bureau ofJustice Assistauce, The Bureou ofJustice Assistaoca i8 a component ofthc Dcpadmetrt of Justice's Olficc ofJusticc PrograDs, which also includes the Bureau ofJusticc Statistics, the National In8tituto of Justice, the OIIice ofJuvcoile Justice and Dolioquency Preve ion, the Offce for VictirDs ofCrime, ald the SMART Office. Poinh ofview or opitrioDs iD this documeot are thosc of thc Euthor and do oot necessarily reprcsent tho offrcial positioD or policies ofthe U,S. Dcpartmert ofJustice.rr The currEnt cdition ofthe DOJ Grants FitrsDcial Guidc plovidos guidance on allowable printing and publication activities. AWARD CONTINUATION SHEET Grant :\') ffi,P 16.D.22.b Packet Pg. 1488 Attachment: Agreement & Memo (4079 : Drug Court Grant) U.S. Depadmelt of Justice Offi cc of Justice Programs Bureau of Justice Assistnnce AWARD CONTINUATION SITEET Grant PAOE IO OF II PROJICTNUMBER 2017-DC-BX-0053 AWARD DATE OgD3I2OI'I SPEClAL CONDITIONS 27. The recipient agrccs to compty with OJP gaut monitoring guidelines, protocob, and proc,edurcs, and to cooperstc n ith oJP Cn;luding the grant matrager for this award and the Oflice ofChiefFinanciul Oificq (OCFO)) oD 8ll grant monitor.ing Equests, including rcquests related to d€sk rcvisws, enhanced progammatic desk revicws, and/or sitc visils The recipielt agrccs to provide to OJP alt docutoentation ncccssary to complete monitoring tasks, includhg documeotatiol rclatcd to any subEwards madc undcr this award. Fruther, the rccipicnt agrees to abido by reasonablc desdlines sct by OJP fol providing the requested docuoonts. Failule to cooperate with OIP'S grsot monitoring activitics may result in sanctiors affecting the recipicnfs DOJ a*ards, including but not limitsd to: withholdiogE and/or othcl rcstrictioos on the rccipicnt's acccss to graot fiuds; rofcral to thc OIficc ofthe Inspector General for sudit revi€w; dcsiSlatio! of the rccipient Bs a DOJ High Risk grautee; or termination of an award(c). 28. Award recipients must ve ry loiDt ofcontsct(Poc), FinaEciol Poiot of Conlact (FPOC), aDd Authorizcd Representstive cont&ct information in GMS, including telephone uumber and e-meil address. Ifauy idonnation is itrcongct or h8s chaoged, 8 Grant Adjustmont Notice (GAIO must be submitted via the Orallts MsD8gemcrlt Systcm (GMS) to documcnt chauges. 29. The recipient agrees to coopemte wjth BIIy asswsmcnts, DatioDal evaluation efforB, or informstion or d8t& ooll€clion requests, including, but not limited to, the prcvision ofany information required for thc asses8mc or evaluation ofany activities within this project. 30. Approval ofthis award does not irdicatc approval of my consultant rate in cxccss of$650 pel day, A dotailcd justific8tiotr mu6t be submittcd to snd approved by the OIIice ofJustice ProSraus (OJP) prosrErn officc prio! to obligation or expcnditue ofsuch funds. 3 I . Recipient understonds atrd agr€e6 that it nrlst submit quanerly Federal Financial Reports (SF.425) and semi-annual perforEance repo s through GMS (https://$ants.ojp.usdoj.gov), and that it must submit quartuly pcrfolmance metric6 r€polts thrcugh BJA'S Performance Mo{8urcmetrt Tool (PMT) wobsite (www.bjaperfomcaocetool8.otD. For morc detailed information ou rcporting and olher requi$mcnts, rcfer to BJA's website. Failure to submit pquired rcports by established deadlines may result in thc freezing of grant fuods and High Risk designrtiotr. 32. Gnntee aglses thnt assist8nce furd6 a\,,raded under this grant will trot be rlsed to suppon any intercntly religious activities, such as worship, rcligious instirction, or prosclytization. If tlre grantce rcfo* participana to, or providos, a non-Federally funded prograrn or scrvice that incorpomtei such religious activities, (1) any such sctivities must bs voluntary for progrEm psrticipants, aod (2) plogram participants may oot bc cxcluded from participrtio[ ill E progrsm or otherwise pcnalized or disadvantagcd for aLy failure to qccept a rcfcrral or scrviccs. Ifparticipution ia a uon- Federally fudded progllm or service thot iDcoryoratcs inhcrcntly raligious activities is dcsmed ! critical trcauno[t or suppo scrvice for progrsm p8lticipants, th€ grante€ aglrcs to idcntifr and refer participrnts who objcct to the inherently religious activities ofsuch program or s€rvice to, or provide, a comparablc secular altcmativc program or service. 33. The reoipient must comply with applicable requirEments to report fi$t-tie! subswardr ("subgrants'') of$25,000 or more and, in ccrtain cirumstanccs, to rcport the namos aud total compe[sstion ofdlc fiyc mqst highly conpensated executives of thc rccipicnt &nd first-ticr subrccipi€ots (first-tior "subgantccs") of8w8rd funda. Tho dotaik ofrccipicut obligations, which dcrive from the Federol FundiDg Accourtability End TlaDspatercy Act of 2006 (FFATA), ar8 postcd oD the OJP web sits at https://ojp.gov/fuoding/Explorc/FFATA.htm (Award condition: Rcporting Subawards and Executive Compgnsstion), and orc iocoqrornted by rcfercncc ha!e. This condition, including its reporling rcquirooent, doas not apply to an award msde to an individurl wbo tsceived tho award {s a natural pcrson (i.e., unrelated to any busine*s or non-profit orgauization that hc or she mny own o! oporatc t \fr io his or her name), aY 16.D.22.b Packet Pg. 1489 Attachment: Agreement & Memo (4079 : Drug Court Grant) PACE II OF II PROJECTNUMAER 20t?-DC.RX.OOs3 AWARDDATB O9TzIDOI1 SPECUL CONDffIONS 34. The rccipicnt undorstands ard agrees that no award or matching funds may be used to providc scrvicer for violent offendcrs as defined it 42U.5.C.379'lu-2, a "violont offondcr" means a percon who--(l) h charged \vith or corvictsd of an offeme that is punishabte by s tenn of imprisonment exceeding one ycar, dudng thc coursc ofwhich offonse or conduct- (A) the person carried, possessei, or used a fucarm or dalgerous wcaponi (B) thcrc occurrcd thc dcath ofor serious bodily injury to any person; or (C) thcrc occlltlcd thc us€ of forc€ against tho pcmon ofarother, without regard to whether atry ofthe circumstances described in subparagrsph (A) or (B) is an element ofthe offen8c or cosduct of which oI for which thc pcrson is cbarged or convictod; or (2) has 1 or mole prior convictions for a fclony crimo of violence involving the use or att€mptod usc offorce agaiBt a person with the intent to cause death or seriour bodily harm. 36. With rcspect to this oward, federal funds lnay not be used to psy cash compe$ation (Erlary plus bouscs) to rny arployee of the award recipient at a rate that excoods I t0% of the maximum nonual ealary p8yEblc to E memb€( of the federal govcmment's Scnior Bxecutive Service (SES) at ar 0gsDcy with a Certilied SPS Porformuce Appraissl Systcdl for thst year. (Al awad recipient may compensato an employcc st s hidcr rate, provided thc aEoutrt in cxcc.ss of this compsnsation ,imitatio! iB paid with mn-fcdcral funds.) This limitation on compensstion ratcs sllowablc uqder this award may be waived on an individual basis at the disclction ofthe OJP ofricial indicated in thc program surounccNnent under which this award is made. 37. Recipiont agrees to devclop aud naintsin s Dlug Court Policies and llocedurcs manual for program operatioo. The Policies and Procedure8 manua[ must bc subDitted by the cnd ofthe filst ycar ofthc gIarlt pcdod in order to bc in compliance with this rcquircment. 3E. The recipicnt agrees to submit to BJA, by the terminatior of lhc award period, an eleclrooic copy ofthe final cvsluatioo report. Thc fiml evalustion rcport must be submitted to BJA as I "Spocial Report," yia the OJP Grants Mamgement System Progress Rcports ModuLe, 39. Thc recipicnt is suthorized to incur obligatioru, expend, and draw down funds &r travcl, lodging, aud per dicm costs only, in an amount uot to exceed $ I 5,000, for the sole purposc of attctrding a rcquired OJP conferencs associatcd with this grant award, Ilre grantec is llot Euthorized to incur any additional obligstions, or make any additional expenditues or draw downs until the awadirrg sgency 8ud the Offtcc of thc Chief Finolcial O(ficer (OCPO) has reviewcd and approved thc rccipicnt's budgat aod budgst lraEstive, aod a GrEnt Adjustment Notice (GAt9 has becn issucd to remoye this special conditior 40. Recipient m8y trot obligrtc, cxpend or drawdown funds until the Bumau of lustice Assistance, OIfice of Juaticc Progrums has reviewed and approved thc ProBrEm NrE8tive poiion ofthe application 8nd has issued I Grc[t AdjustrDetrt Notice (GAN) informing $e rccipiert ofthe approval. \ AWARD CONTINUATION ,SHEDT Grant U U,S. Departnclrt of Justice Offi ce of Justice Progranrs Buleou of Justice Assistance 35. Rccipictrt udcrstaods and agrees that, to the extent that substarcc abusc trratmsd snd lrlatcd services are fu!&d by this award, they will include rceded nertment and services !o addless opioid abrse reduction; (\ 16.D.22.b Packet Pg. 1490 Attachment: Agreement & Memo (4079 : Drug Court Grant)