1. law, govt and politics

Agenda Item Cover Sheet
Agenda Item No. A-19
Meeting Date
x Consent Section
‰
‰ Regular Section
December 05, 2012
‰ Public Hearing
Subject:
Approve the FY13 Agreement between Hillsborough County and the Office of the Public Defender of
the 13th Judicial Circuit (Hillsborough County) and approve a budget realignment.
Department Name: Business and Support Services/Public Defender
Contact Person: Robert Parkinson
Sign-Off Approvals:
Contact Phone:
276-2888
Assistant County Administrator
11/16/2012
Date
Department Director
11/14/2012
Date
Management and Budget – Approved as to Financial Impact Accuracy
11/16/2012
Date
County Attorney – Approved as to Legal Sufficiency
11/16/2012
Date
Staff's Recommended Board Motion:
1.Approve the Agreement with the Office of the Public Defender of the 13th Judicial Circuit
(Hillsborough County) to provide a workload and staffing study in the amount of $29,250 utilizing the
Department of Justice Bureau of Justice Assistance Federal Formula (JAG) grant. This Agreement shall
be effective beginning October 1, 2012 and shall expire on September 30, 2013.
2.Realign $30,000 within the JAG grant to provide funding for the Office of the Public Defender for the
13th Judicial Circuit workload and staffing study project.
This realignment will decrease the JAG Crime Prevention Initiative/Public Awareness Program budget
from $30,367 to $367 and increase the JAG-Public Defender's Office budget from $0 to $30,000.
Funding for this agreement is included in the FY 13 Business and Support Services Department adopted
budget within the JAG grant.
Financial Impact Statement:
This realignment will decrease the JAG Crime Prevention Initiative/Public Awareness Program budget
from $30,367 to $367 and increase the JAG-Public Defender's Office budget from $0 to $30,000.
Funding for this agreement is included in the FY 13 Business and Support Services Department adopted
budget within the JAG grant. (CL3114)
Background:
On March 6, 2012 the Public Safety Coordinating Council Sub-Committee recommended up to three
years of funding for this project. On April 20, 2012, the Public Safety Coordinating Council accepted
and approved the subcommittee decision and recommended that the BOCC approve this project based
upon continued availability of federal funds in subsequent project years, commencing with FY13 annual
Federal formula Justice Assistance Grant (JAG) funding.
This agreement is for Year 1 of 3 possible years and will be reviewed for performance and continued
availability of federal funds before a renewal/extension is processed for any subsequent periods.
Due to additional funds remaining in the FY 11 annual JAG allocation, a grant adjustment was
submitted and approved on September 25, 2012 allowing the remaining FY 11 JAG funds to be
reprogrammed for use by the Public Defender's Office of the 13th Judicial Circuit. The FY 11 annual
Federal formula Justice Assistance Grant award in the amount of $471,123 was accepted by the Board
on September 15, 2010.
List Attachments:
Public Defender Agreement (2 originals), Line Item Agenda Detail
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AGREEMENT BY AND BETWEEN
HILLSBOROUGH COUNTY, FLORIDA
And
OFFICE OF THE PUBLIC DEFENDER OF THE 13TH JUDICIAL CIRCUIT
(HILLSBOROUGH COUNTY)
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 the
Office of the Public Defender of the 13th Judicial Circuit (Hillsborough County) existing under
the laws of the State of Florida, hereinafter referred to as the "ORGANIZATION".
RECITALS
WHEREAS, Section 163.01, Florida Statutes, authorizes local governmental units to
make the most efficient use of their powers by enabling them to cooperate with other localities
on a basis of mutual advantage and thereby to provide services and facilities in a manner (and
pursuant to forms of governmental organization) that will accord best with geographic,
economic, population, and other factors influencing the needs and development of local
communities; and
WHEREAS, the COUNTY accepted the FY 2013 Justice Assistance Grant (JAG) from
the Department of Justice, over a period of one fiscal year, for a workload and staffing study; and
WHEREAS, the COUNTY and the ORGANIZATION share community concerns and
are committed to efficiently providing clients with effective legal representation, treating the
clients and the community with dignity and respect, and protecting public safety; and
WHEREAS, these funds serve important mutual interests of both the COUNTY and the
ORGANIZATION.
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:
ARTICLE 1
Scone 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.
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ARTICLE 2
Term of Agreement
This Agreement shall be effective on 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 twenty-nine thousand two hundred fifty dollars
($29,250) 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 twenty-nine thousand two hundred fifty dollars ($29,250) 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.
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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.1')- 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 therefrom, 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
fmancials, 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
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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,
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 Hillsborough 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
ORGANI/ATION 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
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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
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 Inlcrcsl
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
Drug 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
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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
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 \ \ i t h 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
Headings
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.
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ARTICLE 18
Adclilional R i u l U s and Remedies
Nothing contained herein shall be construed as a limitation on such other rights and
remedies available to the parties under law or in equity which may now or in the future be
applicable.
ARTICLE 19
Order o I' 1'rceedcnee
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
Severabilitv
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 E3eneficiaries/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
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independent contractor in performing its obligations hereunder and not as an agent, officer or
employee of the COUNTY.
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 are 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 Agreement 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
Hillsborough County Criminal Justice
10119 Windhorst Road
Tampa, FL 33619
Or to the following address for overnight
delivery service or personal delivery:
Robert Parkinson
Hillsborough County Criminal Justice
10119 Windhorst Road
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Tampa, FL 33619
B. ORGANIZATION
Julianne M. Holt, Public Defender
Office of the Public Defender of the 13th Judicial Circuit
P.O.Box 172910
Tampa, Florida 33672
Any notice sent in accordance with this Article 27 shall be deemed given two-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,
Florida Statutes, with respect to any documents, papers, and records made or received by the
ORGANIZATION in connection with this Agreement.
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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:
Deputy Clerk
Chairman, Board of County Commissioners
Date:
ORGANIZATION:
Autho/ized Official
(Printed Name of Signer)
(Title)
(Date)
CO
APPROVED BY COUNTY
ATTORNEY
-rfr
proved AB Tu F«wi And Ltgtf
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13
ACKNOWLEDGEMENT OF CONTRACT, IF A CORPORATION
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me,4his _
(Name of Corporation)
Name and Title of Officer or Agent
. .a
(State of Incorporation)
(Type of Identification)
Signature of Notary
Name of Notary Typed, Printed or Stamped
Title or Rank
Serial Number, If Any
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__
day
0
\n behalf of the corporation.
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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
[TO BE PROVIDED BY INSURANCE AND CLAIMS ON A CASE BY CASE BASIS]
EXHIBIT F
GRANT AWARD
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EXHIBIT A
SCOPE OF SERVICE
Contract Period October 1, 2012 to September 30, 2013
ORGANIZATION: Office of the Public Defender of the 13th Judicial Circuit (Hillsborough
County)
PROGRAM: Workload and Staffing Study
Program's Primary Goal:
The Office of the Public Defender Thirteenth Judicial Circuit will contract with the Sixth
Amendment Center to lay the foundation and provide technical assistance for a "case weighting"
study. This will allow the ORGANIZATION to identify the average amount of attorney time
needed for specific tasks based on the charge, and allocate attorney and support resources
accordingly. The ORGANIZATION will also be able to identify tasks that appear
disproportionately time-intensive, and develop timesaving and more efficient business processes.
PART I - Scope of Service
The Public Defender's Office responsibilities include completing the following and operationally
defining:
•
Tracking the number of attorney hours spent on specific tasks, based on the type of case
prosecuted
•
•
Gathering data for the case weighting study
Submitting a Letter of Inquiry
•
•
Review of Responses & Recommendations
Surveying of Elected Public Defenders
•
Providing a Uniform Definition of a "Case"
•
•
•
Defining Performance Standards
Defining 'Task" Categories
Defining "Case" Categories
•
Completing a Delphi study
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, fewer than the total agreed upon
Units of Service, the total consideration paid to the ORGANIZATION shall be
subject to a pro-rata reduction.
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PART III - Success Indicator Report
1. Provide, on a monthly basis, a Success Indicators Report indicating the result
towards achieving the program goal(s) by comparing actual outcomes to the
projected outcomes as stated:
a. The ORGANIZATION shall submit a monthly Program Performance Report (Exhibit
C) to accompany each Request for Payment Form (Exhibit C) which quantifies and
measures accomplishments, problems, service objectives, program goals, and current
expenditures. Detailed documentation shall also be attached identifying each
outcome completed as outlined in the Outcome Measures in Exhibit B.
b. 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.
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EXHIBIT B
METHOD OF PAYMENT
Contract Period October 1, 2012 to September 30, 2013
ORGANIZATION: Office of the Public Defender of the 13th Judicial Circuit (Hillsborough
County)
PROGRAM: Workload and Staffing Study
REIMBURSEMENT IN ACCORDANCE WITH THE APPROVED BUDGET WILL BE
MADE UPON RECEIPT OF THE COMPLETED REQUEST FOR PAYMENT FORM
(EXHIBIT C). NO MODIFICATIONS TO THE BUDGET SHALL BE REIMBURSED
UNLESS PRIOR WRITTEN APPROVAL HAS BEEN GRANTED BY THE COUNTY
ADMINISTRATOR. REIMBURSEMENT REQUESTS SHALL NOT BE SUBMITTED FOR
A PERIOD OF LESS THAN ONE MONTH. IN NO EVENT, HOWEVER, SHALL
PAYMENTS TO THE ORGANIZATION EXCEED $29,250 ANNUALLY.
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BUDGET DETAIL FOR SERVICES
Contract Period October 1, 2012 to September 30, 2013
ORGANIZATION: Office of the Public Defender of the 13th Judicial Circuit (Hillsborough
County)
PROGRAM: Workload and Staffing Study
CONTRACTUAL SERVICES
OUTCOME MEASURES
GRANT
MATCH
TOTAL
Letter of Inquiry
$625
0
$625
Review of Responses and Recommendations
$2,000
0
$2,000
Survey of Elected Public Defenders
$8,125
0
$8,125
Uniform Definition of a "Case"
$3,000
0
$3,000
Performance Standards
$6,000
0
$6,000
"Task" Categories
$3,000
0
$3,000
"Case" Categories
$1,500
0
$1,500
Delphi study
$5,000
0
$5,000
TOTAL CONTRACTUAL SERVICES
NOTE:
$29,250
$29,250
When completing reimbursement requests, complete the appropriate forms and
attach detailed documentation identifying obligations or expenses in the above
budget categories only.
*Other Operating Expenses, Maintenance and Repairs, Other Misc. Operating Expenses
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EXHIBIT C
HILLSBOROUGH COUNTY
REQUEST FOR PAYMENT FORM
Organization: Office of the Public Defender of the 13th Judicial Circuit (Hillsborouqh County)
Program: Workload and Staffing Study
PROJECT #:
This is request #
in the amount of
for the month(s)
FINANCIAL STATUS REPORT
Budget Categories
Previous YTD
Expenditures
Approved Budget
Contractual Services
$29,250.00
TOTAL
$29,250.00
Current
Expenditure
YTD
Expenditure
Remaining
Balance
I certify that the goods and/or services covered by this request have been provided to Hillsborough County in
accordance with the terms and conditions of the Agreement and are documented by the attachment(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:
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Date
20
EXHIBIT C
PROGRAM PERFORMANCE REPORT
Contract Period October 1, 2012 - September 30, 2013
ORGANIZATION: Office of the Public Defender of the 13th Judicial Circuit (Hillsborough County)
PROGRAM: Workload and Staffing Study
REPORT PERIOD
THROUGH
PERCENTAGE OF CONTRACT COMPLETED
I.
ACCOMPLISHMENTS:
[I.
PROBLEMS:
III.
STATUS REPORT ON OUTCOME MEASURES:
OUTCOME MEASURES
COMPLETE
Y/N
Letter of Inquiry
Review of Responses and
Recommendations
Survey of Elected Public
Defenders
Uniform Definition of a "Case"
IVrformaiiLV Suindards
"Task" Categories
"Case" Categories
Delphi study
IV.
OTHER COMMENTS
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DOCUMENTATION/NARRATIVE
ATTACHED
Y/N
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EXHIBIT D
HILLSBOROUGH COUNTY EQUAL EMPLOYMENT OPPORTUNITY
AFFIRMATIVE ACTION REQUIREMENTS
ORGANIZATION NAME:
Countv)
Office of the Public Defender of the 13th Judicial Circuit fHillsborouqh
PROGRAM NAME:
Workload and Staffing Study
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 EEC 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
19
22
EXHIBIT D (continued)
EQUAL EMPLOYMENT OPPORTUNITY WORKFORCE ANALYSIS
ORGANIZATION NAME: Office of the Public Defender of the 13th Judicial Circuit jHiHsborouqh Gouniv)
TOTAL
EMPLOYEES
JOB CATEGORY'
MALE
FEM
OFFICIALS and
MANAGERS
1
I
PROFESSIONALS
115
u
FEMALES
MALES
JVHT_
J3LK_
_M®L_
API
AI
WHT
BLK
1
5?
49
3
3
11
2
a
2
1
HISP
API
AI
3
1
3
1
1
49
13
i
25
8
15
TECHNICIANS
——
SALES WORKERS
24
OFFICE and CLERICAL
48
—
CRAFTSMAN (SKILLED)
OPERATIVES (SEMISKILLED)
_„_—
LABORERS
(UNSKILLED)
.....
SERVICE WORKERS
TOTAL
140
124
m
51
13
5
1
IS
21
24
•JOB CATEGORIES AS PROVtDED HEREIN, ARE THOSE CATEGORIES IDENTIFIED AND USED IN EEO (1REPORTING REQUIREMENTS REQUIRED FROM EMPLOYERS BY THE FEDERAL GOVERNMENT.
(DO NOT LEAVE THIS PAGE BLANK)
HISP:
API:
AI:
HISPANIC
ASIAN/PACIFIC ISLANDER
AMERICAN INDIAN
Rev/ 10-27-0?
23
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:
PRINTED NAME OF ORGANIZATION
IGNATURE OF AUTHORIZED
CORPORATE OFFICER
DATE SIGNED
(DO NOT LEAVE THIS PAGE BLANK)
<REV581)BID/EEO/G
Rev/10-27-05
21
24
EXHIBIT E
INSURANCE REQUIREMENTS
[TO BE PROVIDED BY INSURANCE AND CLAIMS ON A CASE BY CASE BASIS]
Rev/lQ-27-05
25
EXHIBIT F
GRANT AWARD
Adobe Acrobat
Document
Rev/10-27-05
23
26
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Office of Justice Programs
Wu.tiunf>ian. D.C 211511
June 26. 2012
Mr. Michael S. Merrill
Hillsborough County
601 E, Kennedy Boulevard
County Center 2nd Floor
Tampa, FL 33602
Dear Mr. McrrilJ;
On behalf of Attorney General Eric Holder, it is my pleasure to infonn you that the Office of Justice Programs has approved
your application for funding under the FY 12 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Loeal
Solicitation in the amount of S269»59° for Hillsborough County.
Enclosed you wit! find the Grant Award and Special Conditions documents. This award is subject to all administrative and
financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim
audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you
will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative
action as appropriate.
If you have questions regarding this award, please contact:
- Program Questions. Stcfanic Harris, Program Manager at (202) 305-8069; and
- Financial Questions, ihe Office of the Chief Financial Officer, Customer Service Center (CSC) at
(800) 458-0786, or you may contact the CSC at a.sk.ocfo@usdoj.gov.
Congratulations, and we look forward in working with you.
Sincerely,
Denise O'Donncil
Director
Enclosures
27
Department of Justice
Office ofJustice Programs
Office for Civil Rights
June 26, 2012
Mr. MichaelS. Merrill
Hillsboroiigh County
60! E. Kennedy Boulevard
County Center 2nd Floor
Tampa, FL 33602
Dear Mr. Merrill:
Congratulation! on your recent award. In establishing financial assistance- programs. Congress linked the receip! of Federal funding to
compliance with Federal civil rights laws. The Office Tor 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, ihe Office on Violence Against
Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and
regulations. We at OCR arc available to help you and your organisation meet the civil rights require menus thai come with Justice
Department funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, notional origin,
religion, sex, or disability in funded programs or activities, not only in respect to employment practices bul also in die delivery of services or
benefits. Federal law ntso prohibits funded programs or activities from discriminating on the basis of age in Ihe delivery of services or
benefits,
Providing Services to Limited English Proficiency (LEP) Individuals
In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Aci of 1964, 42 U.S.C § 200()d, recipients of
Federal financial assistance mast take reasonable staps to provide meaningful access to their programs and activities for persons with limited
English proficiency (LEP). For more information on the civil tights responsibilities lhat recipients have in providing language services to
LEP individuals, please see die website at http://www.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizations
The Department of Justice has published a regulation specifically pertaining to The funding of faith-based organisations. In general, Ihe
regulation. Participation in Justice Department Programs by Religious Organisations; Providing for Equal Treatment of all Justice
Department Program Participant1;, and known as she Equal Treatment Regulation 28 C.F.R. pan 38, requires Stale Administering Agencies
ro treat these organizations the same as any other applicant 01 recipient. The regulation prohibits Stale Administering Agencies from making
award or grant administration decisions on the basis of an organt/alion's religious character or affiliation, religious mime, or the religious
composition of its board of directors.
The regulation also prohibits faith-based organixutions from using financial assistance from the Department of Justice to fund inherently
religious activities. While faith-based organizations can engage in non-funded 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 (hem. The Equal
Trealmen! Regulation also makes clear lhat organizations participating in programs funded by Ihe Department of Justice are not permitted to
discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please sec OCR's
website ai hitp://www ojp.usdoj.gov/ncr/citrwt.htm.
Stale Administering Agencies and faith-based organization! should also note lhat the Safe Slreets Act, as amended; the Victims of Crime
Act, tts amended; and ilse Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the
basis of religion in employment. Despite these nondiscrirnination provisions, the Justice Department has concluded lhat the Religious
Freedom Restoration Act (RFRA) if* reasonably construed, on a casc-by-ease basis, to require that its funding agencies permit faith-based
organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion
when hiring staff, even if the statute thai authorizes ihe funding program generally forbids considering of religion in employment decisions
by grantees.
Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this
Offlee.
28
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 that
are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects »
number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they arc providing services
equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards.
Complying with (be Safe Streets Act or Program Requirements
In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscriminarion
provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968,42 U.S.C. § 3789d(c), or other Federal grant
program requirements, must meet two additional requirements^ 1} complying with Federal regulations penaining to the development of an
Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28
C.F.R. §§ 42.205(5) or 31502(5)).
1) Meeting the EEOP Requirement
In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8,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 SO or more employees (counting both full- and part-time
employees but excluding political appointees), then it has ID 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://wvAV.ojp.usdo5.gov/ocr/ceop.htm. You
may also request technical assistance from an EEOP specialist at OCR by dialing (202) 516-3208.
If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare
an EEOP, but it does 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 organisation has to complete Section B of the Certification Form and return it to
OCR. The Certification Form can be found at bttp://www,ojp.usd'oj.gov/ocr/eeop.htm.
If your organization received an award for less than S2S.OOO; or if your organization has less than 50 employees, regardless of the amount of
the award; or if your organization is B medical institution, educational institution, nonprofit organization or Indian tribe, then yoiir
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 http://wwv.ojp.usdoj.gov/ocr/eeap.htm,
2) Submitting Findings of Discrimination
In the event a Federal or Stale court or Federal or State administrative agency makes an adverse finding of discrimination against your
organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy
of the finding to OCR for review.
Ensuring the Compliance of Subrecipients
If your organization makes subawaids to other agencies, you are responsible for assuring that sub recipients 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 lhat make subawards must have in place standard grant
assurances and review procedures 10 demonstrate that they are effectively monitoring the civil rights complicnce of subreeipients.
If we can assist you in any way in fulfilling your civs! 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
29
Department of Justice
Office of Justice Programs
PAtSK 1
Bureau of Justice Assistance
OF 7
Grant
4 A W A R D NUMatitt-
1 RECIPIENT N A M E AND APDRl-SS !!ncMmS Zip Caik]
liillsboniugli County
601 t. Kennedy Boukvurd County Ctntti 2nd FJotu
2013-rw-BX-OnS
5 PKOJBCT PBBIQD; FROM
I(VOI/2(H1
TO
FKOM
iu/« 1/2011
TO
(. AWARDDATU
inilial
« SUPPU'.MisNTNUMBI-R
1A GRANTEE IRS/VBNDOB NO.
00
SMOOOM2
PKKV10US AWAltD AMOUNT
J,
1(1. AMOUNT OF THIS AWARD
FY 2012 Juviicu Assistance Giant Program
11, TOTAL AWARD
! 2. SPECIAL CON01 flONS
TJIU ABOVE GRANT PROJECT IS APPROVKD SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE! SET FORTH
ON THE ATTACHI-O PAOE(S).
O STATUTORY AUTHORITY FOR GRANT
Jcri;vi -( !iJ -* 1
-JAG) 42 USCM7SO.
I S Mf-THOOOFPAYMKNT
GPRS
AGENCY APPROVAL
ORANT1JR ACCEPTANCE
r,TED NAME AND TITLE OF API-ROVING Ol-'FIClAL
I B . TYPI-I) NAMI-: AND TITLE OF AUTHOR1ZOD GRANTEE OFFICIAL
Mithai-l S Mcrrili
C'ounly AdmiliiStralur
Dunne O'Donnctl
Dirctior
17, SIGNATURE OF APPROVING OFUCIAI,
\<) -SlUNArUUJi OF AUTHOKI7HD KECIWENT OFHCIAf.
AGF.NOY USE ONLY
20 ACCOUNTING CLASSIFICATION CODES
FISCAL FUND
Bt!D.
f>lV
VI-AR CDnl;
ACT, OFC,
RSC.,
SUH
X
B
UJ
SO
00
I9A. DATh
jjj§
21, LDJUGTOIB
POMS AMOUNT
(KJ
UJP S'URM JWXJ/2 (Ri:v 5-X7] PREVIOUS UDlTKlNS ARK OBSOLETE
OJf FORM 4000/2 'RliV
BOARD OF COUNTY COMMISSIONERS
HILLSBOROUGH COUNTY FLORIDA
DOCUMENT NO. \3-
30
Department of Justice
Office of Justice Programs
SHEET
Bureau of Justice Assistance
PAGE
2 OK 7
Grant
PROJECT NUMBER
AWARD
T1ATF
06W201I
A\D
CONTINUATION
20I2-UJ-BX-0128
SPECIAL
CONDITIONS
\.
The recipient agrees to comply wilh the financial and administrative requirement set forth in the current edition ol'lhc
Office of Justice Programs (OJP) financial Guide.
2.
The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Clan (if recipient is
required lo submit one pursuant to 28 C.F R. Section 42.302), that is approved by the Office for Civil Rights, is a
violation of 115 Certified Assurances ant! may result in suspension or termination of funding, until such time as the
recipient is in compliance.
3.
The recipient agrees to comply with the arg.inis-aliona! audit requirements of OMB Circular A-13 3, Audits of Stales,
Local Governments, and Non-Profit Organi/alions, and further undontondl uml agrees lhal funds may be withheld, or
olher related requirements may be imposed, if outstanding audit issues (if anyl from OMB Circular A-133 audits [and
any other audits of OJP granl funds} arc not ^Kisfnctorily and promptly addressed, as further described in the current
edition of the OJP Financial Guide.
4.
Recipient understands and agrees lhal it cannot use any federal funds, eilhei directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the
express prior written approval of OJP.
5.
The recipient must promptly refer to ilic DOJ OIG any credible evidence that a principal, employee, agent, coniraelor,
subgranlee, subcontractor, or other person has either I ) submitted a false claim for grant funds under the False Claims
Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or
similar misconduct involving grant funds. This condition also applies to any subrectpients. Potential fraud, waste.
abuse, or misconduct should be reported to the OIG 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: oig.hollinc@usdoj.gov
hotline: (contact information in English and Spanish): (800) 869-4499
or hotline fax: (202) 616-9881
Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.
6.
Recipient understands and agrees that it cannot use any federal funds, cither directly or indirectly, in support of any
contract or .subaward to cither the Association of Community Organizations for Reform Now (ACORN) or its
subsidiaries, without the express prior written approval of OJP.
7.
The recipient ngrecs to comply with any additional requirements Ilia! may be imposed during the grant performance
period if the agency determines thai the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70.
O/P FORM 4000/7 (REV 4-SB)
31
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
PAGE
3 OF 7
Grant
PROJECT NUMBER
20I2-DJ-BX-0128
AWARD UATl£
SPECIAL
OW 26/2012
CONDITIONS
The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCRj and
applicable restrictions on subawards lo first-tier lubrecipionta thai do not acquire and provide a Data Universal
Numbering System (DUNS) number The details of recipient obligations arc posted on the Office of Justice Programs
web site at hltp://www.ojp.gov/funding/ccr,him (Award condition; Centra! Contractor Registration and Universal
Identifier Requiremems), and are incorporated by reference here. This special condition docs not apply to an award 10
an individual who received the award as a natural person (i.c , unrelated to any business or non-profit organization that
he or she may own or operate in his or her name).
Pursuant to Executive Order 13513. "Federal Leadership on Reducing Text Messaging While Driving." 74 Fed, Reg.
51225 (October I, 2009), the Department encourages recipients and sub recipients 1o 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 lo comply with all applicable laws, regulations, policies, and guidance (including specific cost
limits, prior approval and reporting requirements, where applicable) governing the use of federal liinds for expenses
related !o conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such
events, and cosls of attendance at such events. Information on pertinent laws, regulations, policies, and guidance is
Ic at
nl1 www
din pov/fiinrljtip/rrm frost Mm
available
ww\v.ojp.gov,'funding/confcost.htm.
The recipient agrees 10 comply with applicable requirements to report first-Iter suba wards of $25,000 or more and, in
Certain circumstances, to report the names and total compensation of the five mosi highly compensated executives of
the recipient and first-tier subrccipicnts of award funds. Such data will be submitted to the FFATA Subaward
Reporting System (FSRS). The details of recipient obligations, which derive from the Federal Funding Accountability
and Transparency Act of 2006 (FFATA), arc posted on the Office of Justice Programs web site at
htlp://www.ojp.gov/funding/ffaia.btm (Award condition: Reporting Subuwards and Executive Compensation), and are
incorporated by reference here. This condition, and ils reporting requirement does not apply to grant awards made to
an individual who received the award as a natural person lie., unrelated to any business or non-profit organization that
he or she may own operate in his or her name).
12
The recipient agrees lhat 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 purposes of funds provided under tins award, including
such use being consistent with the conditions of the award, the effective edition of the OJP Financial Guide and, as
applicable, cither ( I ) 28 C.F.R. Part 66 or (2) 28 C.F.R Part 70 and 2 C.F.R. Part 215 (OMB Circular A-l 10). Farther,
the use of program income must be reported on the quariiirly Federal Financial Report, SF 425.
OJP FORM 4000/2 (REV 4-81!)
32
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Gran
PROJECT NUMBER
20I2-DJ-BX-0128
AWARD UAH;
SPECIAL CONDITIONS
13.
The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NRPA), the National
Historic Preservation Act. and other related federal environmental impact analyses requirements in the use of these
grant funds, cither directly by (lie grantee or by a subgrantec. Accordingly, the grantee agrees to first determine if any
of the tallowing activities will be funded by the grant, prior to obligating funds for any of these purposes. If i( 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 with these grant funds. That is, as long us the activity is being conducted by the grantee, a
subgrantce. or any third party and the activity needs to be undertaken in order to use these grant funds, this 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 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 hsicd on or
eligible for listing on ihe National Register of Historic Places;
c. A renovation, lease, or any proposed use of a building or facility that will either (uj 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 arc (a) purchased as an
incidental component of a funded aciivity and (b) traditionally used, for example, in office, household, recreational, or
education environments; and
c. Implementation of a program relating to clandestine mcthamphcUiminc laboratory operations, including the
identification, seizure, or closure of clandestine mclhamphetammc laboratories.
The grantee understands and agrees that complying wiih NEPA may require the preparation of an Environmental
Assessment and/or an Environmental Impact Statement, as directed by BJA, The grantee further understands and
agrees to the requirements for implementation of a Mitigation Plan, as detailed at
http://www.ojp.usdoj.gov/BJA/resoiiK-c/nepu.html. for programs relating to nwmamphetammc laboratory operations.
Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its
subgraritees1 existing programs or activities that will be funded by these grant funds, the grantee, upon specific request
from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment
of that funded program or activity.
\4.
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 ihe communication backbone to achieve interstate connectivity, unless ihe grantee can
demonstrate lo the satisfaction of BJA that this requirement would not be cost effective or would impair the
functionality of an existing or proposed IT system.
15.
In order to promote information sharing and enable interoperability among disparate systems across the justice and
public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative
(DOJ's Global) guidelines and recommendations for '.his particular grant. Grantee shall conform to the Global
Standards Package (GSP) and all constituent elements, where applicable, as described at:
http://www.it.ojp.gov/gsp jrank-ondiiion. 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.
OIP FORM 4000,'?. (REV 4-88)
33
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
PACK j OF 7
Grant
PROJECT NUMBER
2012-DMSX-Q123
AWARD DATE
SPECIAL CONDITIONS
16. The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing
account.) The fund, including any inteiest. muy not bo used to pay debts or expenses incurred by other activities beyond
the scope of Ihc 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 grant. Grant funds
(including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice
Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal
Financial Report (SF-425).
17.
JAG funds may be used to purchase bulletproof vests for an agency, but may not be used as the 50% mutch for
purposes of the Bulletproof Vest Partnership (BVP) program.
18.
The recipient agrees to submit a signed certification that ihat all law enforcement agencies receiving vests purchased
•with JAG funds have a written "mandatory wear" policy in died. Fiscal agenls and state agencies must keep signed
certifications on (lie for any subrccipicnts planning to utili/e JAG funds for bulletproofvest 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 vcsls. There are no requirements regarding the nature of the policy other than it being a mandatory wear
policy for all uniformed officers while on duty.
19. Bulletproof vests purchased with JAG funds may be purchased in any threat level, make or model, from any distributor
or manufacturer, as long as the vests have been tested and found to comply with applicable National Institute of Justice
ballistic or stab standards. In addition, bulletproof vests purchased with JAG funds must be American-made. The latest
NIJ standard information can be found here: hup://'w w w, n ij. go v A op i cs/tec hrt o I ogy /bo dy- ami or/sa fcry-mitiative.htm.
20-
The recipient agrees that any information technology system funded or supported by OJP runds will comply with 28
C.F.R, Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation 10 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 th« regulation. Should any violation of 28 C.F.R, Part 23 occur, the recipient may be fined as per 42 U.S.C.
3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.
21.
The recipient agrees to ensure that ihe State 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 locai and slate governmental entities regarding various information technology
projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file
documenting the meeting of this requirement Fora list of State Information Technology Points of Contact, go to
http://www.ii.ojp,gov/default.aspx?areo~ipolicyAndPraciicc&pngc--10|l6.
22.
The grantee agrees to comply with Ihe applicable requirements of 2S C.F.R. Pan 38, tlie Department of Justice
regulation governing "Equal Treatment for Faith Based Organisations" (the "Equal Treatment Regulation"). The Equal
Treatment Regulation provides in pan (hat Department of Justice gran! awards of direct funding may not be used to
fund any inherently religious activities, such as worship, religious instruction, or proselyti/ation. Recipients of direct
grants may still engage in inherently religious activities, but such activities must be separate in lime or place from the
Department of Justice funded program, and participation in such activities by individuals receiving services from the
grantee or a Kub-granr.ee rnusl be voluntary. The Equal Treatment Regulation also makes clear that organizations
participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision
of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faithbased organizations may, in some circumstances, consider religion as a basis for employment. See
http:// w w w. oj p, go v/ abo u t/oc r/cqua l_ir> o. h tm.
23. The recipient acknowledges (hat all programs funded through subawards, whether at the state or local levels, must
conform ;o the grani program requirements as stated in BJA program guidance.
OJP FORM 400<V2 JREV 4-88)
34
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
FAOF
C. OF
7
Grant
PROJECT NUMBI-R
AWARD DATE
20I2-DJ-BX4JI2H
SPECIAL
CONDITIONS
24.
Grantee agrees to comply with the requirements of 2& C.F.R. Purl 46 and all Office ol" Just ice Programs policies and
procedures regarding the protection of human research subjects, including obtainmem of Institutional Review Board
approval, if appropriate, and subject informed consent
25.
Grantee agrees to comply with all confidentiality requirements of 42 L'.S.C. section 3789gand 2i> C.F.R, Part 22 that
arc applicable to collection, use, and revelation of dala or information. Grantee further agrees, as a condition of grant
approval, to submit a Privacy Certificate lhat 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 State or local funds, but will be
used to increase the amounts ol'such funds That would, in '.he absence of Federal funds, be made available for law
enforcement activities.
27.
Award recipients must submit quarterly 2 Federal Financial Report (SF-425) urtd annual performance reports through
GMS (https://granls.ojp.u.sdoj.gov). Consistent with the Department's responsibilities under the Government
Performance and Results Act (GPRA), I'.L. 103-62, applicants who icecivc funding under this solicitation must
provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted
through BJA's Performance Measurement Tool (PMT) website (www.bjaperformHncelools.org). For more detailed
information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to
submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk
designation.
28.
The recipient agrees to monitor subawards under this JAG award in accoidance with all applicable statutes, rcgulalions.
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 oversighl of subrecipient spending and monitoring of specific
outcomes and benefits attributable to use of JAG funds by subrecipicnts. The recipient agrees to submit, upon request,
documentation of its policies and procedures for monitoring of subawaids under this award.
29.
Award recipients must verify Point of Contaet(K)C). Financial Point of Contact (FPOC), and Authorized
Representative contact information in GMS, including telephone number and c-imi! address. If any information is
incorrect or has changed, a Grant Adjustment Notice (CAN) must be submitted via the Grants Management System
(GMS) to document changes.
30.
The grantee agrees that within 120 days of award acceptance, each member ol*a law enforcement task force funded
with these funds who is a lask force commander, agency executive, task force officer, or other task force member of
equivalent rank, will complete required online (internet-based) task force [raining. The training is provided free of
charge online through BJA's Center for Task Force integrity and Leadership {www.clfli.org). Ail current and new task
force members arc required to complete this naming once during the life of the award. 01 once every four years if
multiple awards include this requirement. This training addresses lask force effectiveness as well as other key issues
including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force
oversight and accountability. Additional information is available regarding this required training and access methods
viit BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).
31.
Approval of this award does not indicate approval of any consultant rale in excess of 5450 per day A detailed
justification must bv submitted to and approved by the Office of Justice Programs (OJP) program office prior to
obligation or expenditure of such funds.
32.
All contracts under this award should be competitively awarded unless circumstances preclude competition. When a
contract amount exceeds S100,000 and there has been no competition for the award, the recipient must comply with
rules governing sole source procurement found in the current edition of the OJP Financial Guide.
O)r FORM tooiw (RI!V. 4-BS)
35
Department of Justice
Of rice of Jusi iec Programs
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
PAGE
7 OF 7
Grant
PROJECT NUMBER
2(]!2..DJ.HX-OI2K
A WARD DATE
OW26/20II
SPECIAL CONDITIONS
33.
With respcet to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of" ihc
federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System
for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this
compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at (he
discretion of the OJP official indicated in the program announcement under which this award is made.
OJP FORM -10(10/2 (REV. -i-SSS
36
Department of Justice
Office of Justice Programs
Bureau of Justice Assistance
Washington. O.C 101:11
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. All 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 subgrantce or third parly. Accordingly, prior to obligating funds for any of
the specified activities, the grantee must first determine if any of the specifiedactiviti.es 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 use of a building or facility that will either (a) result in a change in its basic
prior use or (b) significantly change its size;
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 (bj traditionally used, for example, in office, household,
recreational, or education environments; and
e. Implementation of a program relating to clandestine methamphctamine laboratory operations, including the
identification, seizure, or closure of clandestine rnethampheJamine laboratories.
Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental
Impact Statement, as directed by BJA. Further, for programs relating to rnethamphetamine 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.hunl.
Please be sure to carefully review the grant conditions on your award document, as it may contain more specific
information about environmental compliance.
37
Department of Justice
Office ot'Ju.iliCf Programs
Bureau of Justice Assistance
GRANT MANAGER'S MEMORANDUM, PT.
PROJECT SUMMARY
Grant
PROJECT NUMBt-R
PAGE
2013.D1-BX-012H
1 OF
1
Thii ptojw is supported under FY12(BJA - JAG) 42 USC 3750, etscq.
1. STAt-T CONTACT (Name & telephone number)
Slclunic Hairis
(202) 30S-S069
2, PROJECT DIRECTOR (Name, address & telephone numberf
Felicia Richardson
Community Services Program Coordinator
!OII9 Windfall KMd
(K13) 276-8336
3n. TITLE O(: THE PROGRAM
. POMS CODE {SEE INSTRUCTIONS
ON KF.VKRSEJ
BJA FY 12 fcdward Byrne Memorial Justice Assistance Grant (JAGj Program
4. TITLE OF PROJECT
FY 2012 Justice Assislancc Grant Program
s. NAME & ADDRESS OF GRANTEE
(>. NAME *. A DRESS OF SUBGRANTEt
HilUbtirougri County
601 !£ Kennedy Boulevard County Cemei ?»d Mooi
Tampa, PL 33602
7. PROGRAM I'l-klOD
FROM:
10/01/2011
8. HUIXiET PERIOD
TO: 09-30/2015
i*. AMOUNT OF AWARD
S 269.599
11. SECOND YEAR'S BUDGET
3. THIRD YEAR'S HUiXiFT f ' R R l O n
FROM:
10/01/2011
TO' OW30/20IS
10. DATE OF AWARD
06/26/2012
12. SKCOND YFAR'S BU1XJKT AMOUNT
U. THIRD YEAR'S HUDGIrT AMOUNT
15. SUMMARY DHSCRIFHON OF PROJSCT (Sec ir.sinici.tm on reverse)
The tdward Byrne Memorial Justice- Assistance Grain Pruiinim (JAG) allows stnies and wnils c-f local govcinmcnt. tnckidinK iribus, lo support a bruad ranRc of
aciiviiics 10 prevent and ctmlrol crime based <m ihcir own sialc and local needs and condition* (irsmt fximis c«n be used for slme mid local initiatives, technical
swsistancc, tmming, personnel, equipment, supplies, comraelviai support, and inkimnation iyilcnis for criminal justice, including for .my one or more'c-f the
follt-wing purpose areas: 1) In* cnfutccniL-til programs;'!) prusoculion and court programs; 3> prevention and odm-aiiun programs; 4) correciwns and communiiy
corrections programs; S) ilnig UenUncni nnii Dofbrcenwut pingmm^ 6} plunning. evaluation, and technology improvcmenl prograinii; imd 7) crrnio viclim and
witness programs {olhcr ^han ttimpciisiiilira}.
This Fiseal Year 2013 JAG award will be ulili/cd u> fund iniliaiives with a TOCUJ un crime rcducliun. Funds will be used for the HtJisborough County Cnminul
Justice (rranl AdmmiHralion Unit to provitlc oversight of ibc award; a Hiilsborough County Code Enforccmeni Crirao Prevention Protect to foeus on crime
OJP FORM 40W2 (REV 4-SS)
38
o help reduce property crime, violent crime and overall crime throughout ihc County,
Page 1 of2
39
Grant Adjustments Home
US DEPARTMENT OF JUSTICE
OFFICE OF JUSTICE PROGRAMS
GRANT ADJUSTMENT NOTICE
Grantee Information
10/01/2009 09/30/2013
Grantee
Name:
Hillsborough County
Project Period:
Grantee
Address:
COUNTY CENTER 2ND FLOOR 601
EAST KENNEDY BLVD TAMPA,
33602
Program Office: BJA
Grantee DUNS
Number:
14-940-5248
Grant Manager:
Stefanie Harris
Grantee EIN:
59-6000661
Application
Number(s):
2010-H8472-FLDJ
Vendor #:
596000662
Award Number:
2010-DJ-BX-1530
Project Title:
FY 2010 Justice Assistance Grant
Program
Award Amount:
$471,123.00
GAN
Number:
008
Date:
09/25/201;
Change Project Scope
^Scope Change Types
Altering programmatic activities
Changing the project site
Contracting out, sub-granting or otherwise
obtaining the services of a third party to perform
activities that are central to the purpose of the
award
Altering the purpose of the project
Change in organization with primary
responsibility for implementation of grant
Other (Please enter type of scope change
below)
Add an additional projec
Required Justification for Change Project Scope:
Hillsborough County would like to reprogram
$30,00 of the the funds allocated to "Public
Awareness Programming" to fund the Hillsborough
County Public Defender's Workload and Staffing
Study. This study will identify the average
Attachments:
Filename:
PD Workload and Staffing Study project.doc
||
User:
Timestampi
lewisda
09/25/2012 12:33 PM
User:
locicero
harriss
Timestamp:
||09/25/2012 3:14 PM
||09/25/2Q12 12:45 PM
Audit Trail:
Description:
[Approved-Final
JApproved-GM
Role:
PO - GAN 1st Line Supervisor
PO - GAN 1st Line Supervisor
https://grants.ojp.usdoj.gov/gmsextemal/gan/granteeProjScopeGAN.st
09/25/2012
Grant Adjustments Home
page 2 of40
2
Reviewed and approved. Change in scope is allowable under JAG. No privacy
certificate is necessary. Reporting is current.
Submitted
Change Requested
~||PO - Grant Manager
||PO - Grant Manager
||lewisda
||09/25/2012 12:35~PM
||harriss
j|09/24/2012 4:29 PM
Please provide a breakdown of the $30,000. Is this part of a larger contract?
Is it being competed or sole sourced? Also, confirm whether any personally
identifiable information will be collected through this study (if so, a
privacy certificate may be necessary). Thanks!
Change Requested
[[EXTERNAL - External User
||harriss
||Q9/24/2012 4:29 PM
Please provide a breakdown of the $30,000. Is this part of a larger contract?
Is it being competed or sole sourced? Also, confirm whether any personally
identifiable information will be collected through this study (if so, a
privacy certificate may be necessary). Thanks!
Submitted
j|pO - Grant Manager
||lewisda
||p9/24/2Q12 4:17 PM
Draft
[[EXTERNAL - External User
||lewisda
||09/24/2Q12 4:15 PM
https://grants.ojp.usdoj.gov/gmsexternal/gan/granteeProjScopeGAN.st
09/25/2012
41
LINE ITEM AGENDA DETAIL
DEPARTMENT NAME: Bussincs & Support Svcs. CM
ORGANIZATION NO. US
Account
Code
Name of Account
F U N D I N G SOURCE
Current Budget
Intergovernmental Grants
Increase
Decrease
Revised Budget
CL3114 Federal Justice Assistance Grant (JAG)
Expenditures
CLE01155 JAG - Crime Prevention Initiatives
4800 Public Awareness
CLE01180
$
30,367
8199 Public Defender's Office
Total
S
30,367
This item does ( ) does not (x) have a greater impact in the next Fiscal Year,
If it does, what is he anticipated impact?
Does this affect re venues ( ) expenditures ( ) net of revenues/expenditures (x)?
Does the action cr eate ( ) eliminate ( ) positions'? Number of positions
$
$
30.000
$
30,000
S
30,000
30,000
n/a
TO BE COMPLETED W I I H N POSITIONS ARK INCREASED/DECREASED:
POS(s)#
MEETING DATE:
ADD()
POS(s)»
December 5, 2012
DKLI.TK ( )
AGENDA CODE:
$
367
$
$
30.000
S
30.367