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Item C31 Revised 2/95 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 21. 2004 Bulk Item: Yes ~ No 0 Division: Manaqement Services Department: Administrative Services AGENDA ITEM WORDING: Terminate contract with Guidance Clinic of the Middle Keys. Inc.. for the operation of the Safeport proaram. Termination to take effect at the end of the day. March 31. 2004. ITEM BACKGROUND: Guidance Clinic has notified County that it will cease operation of the Safeport proaram on March 31. 2004. Clinic estimates that $44.000.00 of the funds will be unused. Federal funds are provided throuqh the Florida Department of law Enforcement. Substance Abuse Policy Advisory Board (SAPAB) reviews proposals and makes recommendations to BOCC for local fundina of proarams. SAPAB will consider ways to use these funds or de-obliaate them back to Florida Dept. of law Enforcement at its next meetina. PREVIOUS RELEVANT BOCC ACTION: Approval of contract with Guidance Clinic at November 19.2003 meetina. CONTRACT/AGREEMENT CHANGES: Termination STAFF RECOMMENDATION: Approval. TOTAL COST: 69.727.00 contract amt. BUDGETED: Yes ~ No 0 COST TO COUNTY: 17.432.00 match SOURCE OF FUNDS: ad valorem taxes REVENUE PRODUCING: Yes D No ~ ,l'J!, ~\'1,~ \ APPROVED BY:COUNTY ATT,~OOMB/PUR AMOUNT PER MONTH YEAR DIVISION DIRECTOR APPROVAL: HASING [2J RISK MANAGEMENT [2J tl,6~ Sheila A. Barker DOCUMENTATION: INCLUDED: [2J TO FOllOW: D NOT REQUIRED: D DISPOSITION: AGENDA ITEM #: ~~ , GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. 3000 41 ST STREET, OCEAN MARATHON, FL 33050 (v) 305/434-9000/ (f) 305/289-9040 deb. barselJ@gcmk.org www.gcmk.org March 11, 2004 David P. Owens Monroe County Grants Administration Office 1100 Simonton Street Key West, FL 33040 RE: BYRNE GRANT AND SAFEPORT CLOSURE Dear .,,'- -As a formal follow up to our telephone conversation of 3/3/04 , the Guidance Clinic of the Middle Keys, Inc. (GCMK), will Close its outpatient substance abuse treatment site in Key West on 4/31/04. The decision to close the GCMK service site located in the public housing community known as Safeport, located at 301 White Street, Key West, was made by our board of directors on 2/24/04. The key reasons for the closure of the program relate to difficulties recruiting and retaining qualified staff and to the lack of a consistent referral base in the Lower Keys. Our primary funding agency, the Center for Substance Abuse Treatment, was notified and agreed to the premature closure of the Safeport Homeless Addictions Treatment Project. All current and active outpatient clients will be transferred to the Care Center for Mental Health on or about 4/1/04. GCMK is no longer accepting new clients for outpatient services in Key West. We will, however, continue providing aftercare services for our clients in another Key West location. The Byrne Grant awarded to the Safeport program for fiscal year 2004 will close on 3/31/04. Our final invoice will reflect the services provided to eligible Byrne clients through the end of March. It is anticipated that $44,422 will be unspent at the end of this month (see attached spreadsheet). It is our hope that these funds will be redistributed in Monroe County and that the funding can be targeted toward the adult Drug Court. ~lOll.lDA D{PAA.TM(NT Of CHILDREN Partially funded by the Florida Department of Children & Families, District 11 0 & FAMILIES David P. Owens March 11, 2004 Page 2 If you have any questions or concerns, please contact me. Sincerely, #~ Debbie Barse", MSW, CAP Executive Vice President Attachment Email Copies (sans attachment) : Marsh Wolfe, EdD, CEO, Care Center David P. Rice, PhD, President/CEO, GCMK Marianne Benvenuti, MBA, VP of Finance, GCMK Jamie Pipher, MS, VP of Operations, GCMK Robin Lee, LMHC, GCMK (bl~ f~~) EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFURCEMENT ASSISTANCE FORMULA GRANT FUNDS AGREEMENT . THIS AGREEMENT is made and entered into this day of , 2003, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and Guidance Clinic of the Middle Keys, Inc., whose address is 3000 41st Street, Marathon, Florida 33050, hereinafter referred to as "PROVIDER." WITNESSETH WHEREAS, the Florida Department of Law Enforcement has awarded a sub-grant of Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds to the COUNTY to implement a program that provides Residential Drug and Alcohol Treatment; and WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, the PROVIDER is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds to the PROVIDER in accordance with the COUNTY'S application for the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the PROVIDER agree as follows: 1. TERM - The term of this Agreement is from October 1, 2003, through September 30, 2004, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The PROVIDER will provide services as outlined in the COUNTY'S Anti- Drug Abuse Sub-grant Award, attached and made a part hereof. 3. FUNDS - The total project budget to be expended by the PROVIDER in performance of the services set forth in Section 2 of this agreement shall be the total sum of $69,727.00. The total sum represents federal grant/state sub-grant support in the amount of $52,295.00 and local matching funds in the amount of $17,432.00, which amount shall be provided by the county through the grant matching funds account. All funds shall be distributed and expended in accordance with the Project Budget Narrative submitted as outlined in the grant agreement. 4. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Subgrant Award Certificate and Application" therefor and all laws, rules and regulations relating thereto are incorporated by reference, (Attachment C). 5. IMPLEMENTING AGENCY BOND - The PROVIDER is an implementing agency under the COUNTY'S Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the PROVIDER shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. 6. BILLING AND PAYMENT (a) The PROVIDE:.." shall render to the COUNTY, at the clvse of each calendar month, an itemized invoice properly dated, describing the services rendered, the cost of the services . . , and all other information required by the Program Director. The original invoice shall be sent to: Monroe County Grants Administrator 1100 Simonton Street Key West, FL 33040 (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by the PROVIDER. 7. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by the PROVIDER after the PROVIDER has received notice of termination. In the event there are any unused Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds, the PROVIDER shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. ACCESS TO FINANCIAL RECORDS - The PROVIDER shall maintain appropriate financial records which shall be open to the public at reasonable times and under reasonable conditions for inspection and examination and which comply with the Agreement incorporated in Section 4 of this Agreement. 9. AUDIT - The PROVIDER shall submit to the COUNTY an audit report covering the term of this Agreement, within one-hundred twenty (120) days following the Agreement's lapse or early termination and shall also comply with all provisions of the Agreement incorporated in Section 4 of this Agreement. 10. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: Monroe County Grants Administrator 1100 Simonton Street Key West, FL 33040 FOR PROVIDER: David Rice, Executive Director Guidance Clinic of the Middle Keys, Inc. 3000 4151 Street Marathon, FL 33050 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the PROVIDER at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the PROVIDER after the PROVIDER has received notice of termination. 12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the PROVIDER shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political suborvlsion shall be utilized, directly or indireLLlY, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the PROVIDER. If the PROVIDER receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 14. INDEPENDENT CONTRACTOR/EMPLOYEE STATUS - The PROVIDER is an independent contractor. No statement in this agreement shall be construed so as to find the PROVIDER, its employees, contractors, servants, volunteers, or agents to be employees of the COUNTY. Persons employed by the PROVIDER in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNTY. 15. INDEMNIFICATION - The PROVIDER agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the PROVIDER. 16. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. By: Witness Title: ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic gUidelines to Human Service Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from Florida Statute 112.061. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized certified statement such as: "I certify that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while on County business. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving form one's home to the airport for a business trip is not a reimbursable expense. Non-allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non-sufficient check charges, penalties and fines. ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending OS/28/01 XXX. XX (A) Total $ X.XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) $ X.XXX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this _ day of 2001 by who is personally known to me. Notary Public Notary Stamp SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE warrants that he/it has not employed. retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may. in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. (signature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of .20_. NOTARY PUBLIC My commission expires: OMS - MCP FORM #4 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. II "1 l " 1- ,,+t";(("jh 1i'\I,~,'rl .'\' C:'-- Florida Department of Law Enforcement Office of Criminal Justice Grants Mailing Address: Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 (850) 410-8700 Guy M. Tunnell Commissioner October 7, 2003 The Honorable Dixie Spehar Mayor, Monroe County Board of Commissioners 500 Whitehead Street, Suite 102 Key West, Florida 33040 Re: 04-CJ-B-11-54-0 1-0 18 / Safeport Residential Drug and Alcohol Treatment Center 3 Dear Mayor Spehar: The Florida Department of Law Enforcement is pleased to award a Byrne State and Local Law Enforcement Formula Grant in the amount of $52,295 to your unit of government. These funds shall be utilized to implement a Byrne Program under Purpose Area 13B - Offender Community Treatment - Local. A copy of the approved subgrant application with the above referenced grant number and project title is enclosed for your file. All correspondence with the Department should always refer to the grant number and project title. Your attention is directed to Section G ofthe sub grant, "Acceptance and Agreement". These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. Also, you should review the enclosed Subgrant Award Certificate. This certificate contains important information that applies to this award. The enclosed Certificate of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certifi,cate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service . Integrity . Respect - Quality State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 04-CJ-J3-11-54-01-018 in the amount of $52,295, for a project entitled: Safeport Residential Drug and Alcohol Treatment Center 3 for the period of 10/01/2003 through 09/30/2004, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's conditions of acceptance .and agreement and special conditions governing this subgrant. (Signature of Authorized Official) (Date of Acceptance) (Typed Name of Official) (Typed Title of Official) Monroe County (Name of Subgrantee) ./ .:>UZA . HUTTON_ _. i\'jSISTA~T 71uYJ ATTO. RNEY U~,h:; d, ~ J 04-CJ-J3-11-54-01-018 SUBGRANT AWARD CERTIFICATE (CONTINUED): This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. (]Q~~W- ~ Authorized Official Clayton H. Wilder Community Program Administrator 10 -=1-0.3 Date Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Project Director Name of Project Director: David P. Owens County (Implementing Agency Employee) Monroe Title: Grants Administrator Address: 1100 Simonton Street Area Code I Phone # 305-292-4482 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # . . Area Code I Fax # E-mail Address: owens-david@monroecounty-fl.gov 305-292-4515 5. Contact Person Name of Contact Person: same as project director County (if other than Project Director) Monroe Title: Address: Area Code I Phone # City, County, State, Zip Code: SUNCOM # E-mail Address: Area Code I Fax # 6. Person Responsible For Financial Reporting (if known) Name: David P. Owens County Monroe Title: Grants Administrator Address: 1100 Simonton Street Area Code I Phone # 305-292-4482 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # E-mail Address: owens-david@monroecounty-fl.gov Area Code I Fax # 305-292-4515 7. Person Responsible For Programmatic Performance Reporting (if known) Name: David P. Owens County Monroe Title: Grants Administrator Address: 1100 Simonton Street Area Code I Phone # 305-292-4482 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # E-mail Address: owens-david@monroecounty-fl.gov Area Code / Fax # 305-292-4515 8. Service Provider Contact Person Name: William Elwood, PhD County Monroe Title: Safeport Operations Manager - : : Area Code I Phone # Address: 301 White Street, Building 12 305-292-6770, x 29 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # E-mail Address: william.elwood@gcmk.org . . Area Code I Fax # -- 305-292-7133 FDLE Byrne Formula Grant Application Package Grant Application Section IJ - Page 2 OCJG - 005 (rev. 04/04/03) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance ~ormuJa Grant Program E.. Project Narrative 1. Problem Identification: Briefly describe a specific problem to be addressed with subgrant funds in terms of Problem Description, Problem Significance and Needs Assessment, as described in the application instructions. Continue narrative on a second page if necessary. Do not exceed two pages. Use a readable size font, per instructions. 1. a. Demand for long-term substance abuse treatment far exceeds capacity in Monroe County. Currently, there are only 39 long-term treatment slots available in Monroe County; all of these are operated by the Guidance Clinic of the Middle Keys, Inc. (GCMK): 12 slots in T\1arathon at Keys to Recovery (KTR), a 6-month program for criminally involved men; and 27 slots at GCMK's Safeport program in Key West. There are only eight publicly funded detoxification beds in the county, which are located in Marathon at GCMK headquarters. In the period 10/2001-09/2002,298 unduplicated clients received substance use detoxification, receiving 2,108 days of service. Approximately 50 percent of these (~150 adults) were encouraged to seek long-term substance abuse treatment. The only comprehensive long-term treatment program in Monroe County is GCMK's Safeport program in Key West. 1. b. The extent of people who need and desire treatment and the limitation of Safeport treatment services to people who are public housing tenants resulted in an extensive waiting list of prospective clients that has ranged from 20-40 people at any given time. Many offenders who are court ordered to enter substance abuse treatment in lieu of jail time must either wait in detention for a local slot to open or be referred to a program on the mainland. 1. c. Research indicates that offenders generally need more intensive substance abuse treatment for longer periods of time than do non-criminally involved treatment clients. GCMK's detoxification facility (the only publicly-funded facility in Monroe County) refers about 150 people a year to long-term treatment; our substance abuse intervention program refers an additional 75 clients per year to treatment as well. A recent examination of the Safeport waiting list found that of 118 individuals who presented for treatment services, 72% (81/118) were found eligible for services. Of those 81 eligible individuals, however, only 31 % (25/81) came to receive Safeport treatment due to the extended wait for services. The limited number of treatment slots in our area and the prolonged and thorough treatment service required by substance abuse treatment clients result in the need to increase treatment capacity in this area. FDLE Byrne Formula Grant Application Package Grant Application Section /I - Page 4 OCJG - 005 (rev. 04/04/03) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program d. N/A, not a multi-jurisdictional task force. e. GCMK's Safeport program provides outpatient treatment services at intensity levels and durations appropriate to each client's substance abuse disorders. Clients will receive individual counseling, group counseling, relapse prevention training, and related education as appropriate to addiction severity and client progress. Approximately 12 clinical staff positions are designated to provide treatment services. The clinical coordinator position requires licensure. The incumbent is a licensed mental health counselor (LMHC) in Florida and she is supervised by a MSW who is a certified addictions professional (CAP). The clinical coordinator position requires licensure. All clinical staff members are full-time GCMK employees. The lead clinical positions are as follows: Chris A. O'Brien, MS SA counselor title position description clinical coordinator Supervises clinical staff, monitors client progress Provides individual therapy; facilitates advanced group counseling Provides individual therapy, facilitates relapse prevention counseling Facilitates intensive case management including, but not limited to, housing .needs, medical care, psychiatric care, employment training/placement. Staff member Robin Lee, LMHC Frances C. Luppi, BA SA counselor C. Jane Williams client services coordinator f. Project equipment includes, but is not limited to, personal computers, computer" server, laser printers, televisions and VCRs, and photocopier. Computers and printers are used to record notes on treatment services which are printed and placed in client charts as directed by Florida DCF. Some programming includes the playing of videocassettes, which includes the transmission of didactic information as well as information designed to stimulate discussion. Other information is conveyed through handouts which are duplicated on GCMK's photocopier. g. GCMK's Safeport program is located within the Porter Place public housing complex. The mailing address is, 301 White street, Building 12, Key West, FL 33040. (1) The site is within the City of Key West, Monroe County, Florida. (2) NtA (3) Nt A 2. h. Description of activities and frequency: Outpatient treatment for substance abuse disorders FDLE Byrne Formula Grant Application Package -- Rule 110-9.006 Grant Application . Section /I - Page 6 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program . . 2.i. Target Groups. Clients. and Participants (1) Safeport program clients will be those individuals with criminal histories who are assessed and found likely to benefit from the treatment serVices funded by the Byrne Memorial ,program. (2) Clients will be referred by th'e 16th Judicial Circuit, the Monroe County Sheriff's Department, or the Key West Police Dept. Nqn-detained individuals will receive appointments for a comprehensi~e psychosocial and addiction severity assessment. Individuals detained by the Monroe County Sheriff's Office will be seen within the Detention Center at times mutually convenient for GCMK and MeSO. ' 2.j. DCF and CSAT (the Safeport program's main funding source) require specific follow-up procedures of our clients. These 'include current address and phone contact information as well as data collection. The current Safeport program evaluation plan requires information collected on clients for no less than 18 months after completion of treatment requirements. Contact information (including contacts on friends/family membersl"someone who always will know where you are") is collected at initial assessment, intake, and at discharge to provide maximum opportunities to contact former clients. GCMK also works with other agencies including, put not limited to, Key West Housing Authority, DCF, Southernmost Homeless Assistance League, 16th Judicial Circuit, and the Monroe County Sheriffs Office to find former clients who cannot be reached. After ensuring that the proper releases are on file, the client services coordinator (CSC) contacts the appropriate staff person at each organization (e.g., former counselor at 16th Judicial Circuit Drug Court; Key West Housing Authority housing manager) to see if s/he knows that individual's whereabouts. The CSC also takes easier steps, such as checking the Monroe County Sheriffs Website to see if that former client is in custody. GCMK follow-up location procedures also include sending confidential letters (Le., that do not refer to drug treatment) stating that their input is needed for "an ongoing human health study." Only after exhausting these and other resources is a former client considered "Iost-to-follow-up." GCMK was incorporated in 1973 as a 501 (c) (3) nonprofit organization dedicated to serving the mental health and substance abuse treatment needs of Monroe County residents. The largest nonprofit provider of mental health and substance abuse treatment services in Monroe County, GCMK offers a comprehensive continuum of such services including-:-but not limited to-prevention. intervention. crisis stabilization, and (detoxification and substance abuse) treatment. GCMK's Safeport program has been a collaboration b~tween the Guidance Clinic and' the Key West Housing Authority (Key West Housing Authority). GCMK has provided FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 8 Rule 110-9.006 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Part II Offender Community Treatment State Program Area 13 This document provides guidance for project applications prepared for state program area 13. This includes suggested length of responses for some items as well a~ .identifying specific information to be provided. The narrative should be as concise as possible. Please also see other guidance in application instructions. Federal Purpose Area 13: Providing programs which identify and meet the treatment needs of adult and juvenile drug-dependent and alcohol-dependent offenders. 138: . Local Offender Community Treatment SECTION E: 2. PROJECT DESCRIPTION NEW PROJECTS If this is a first year project that begins a new 48 month cycle and you seek funding for the same previously funded state program area, please describe any significant changes in the target population, geographical location, and/or project activities in 300 words or less. CONTINUATION PROJECTS If this is year 2 or later for the project, please address the following items. 1. Briefly describe the major accomplishments for each year. Project Accomplishments: The Safeport program has provided substance abuse treatment seNices to an average of four criminally-involved clients per month throughout the two years of this project. The program also graduated one client who completed the entire curriculum required to be a "graduate" (rather than, e. g., a "completer")-and remains clean and sober. Two additional Byrne-funded clients were completed rather than graduated from the program as they met personal and legal goals for treatment but did not complete the entire curriculum. 2. Briefly describe any major obstacles that were identified the p'revious year and what approach to overcoming them is inco.rporated in the current year. If the change from therapeutic community to outpatient treatment model involves a problem, that problem is one that peNades all Monroe County-namely, affordable housing. Key West Housing Authority's public housing~!enants are increasingly those FDLE Byrne Formula Grant Application Package Grant Application Section 11- Page 10 OCJG - 005 (rev. 04/04/03) Rule 11 D-9.006 AppHcation for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program services through this contract. Do not list all other Hcenses the Service Provider holds. Pertinent Florida DCF licenses: General intervention, Day/night, Outpatient. 3. If the relationship with the service provider is contractual, will you use corripetitivebids or sole source procurement? The appHcant should note that if sole source procurement is used, and the budgeted amount is greater than $100,OqO, preapproval must be obtained from FDLE prior to the reimbursement of funds. Sole source procurement 4. If service provisi<?n occur at more than one location and/or at a location other than the one identified in item 2 above, please specify all service location addresses. Guidance Clinic of the Middle Keys, Inc., in Key West 301 White Street, Building 12 Key West, FL 33040 305/292-6770 5. Identify the role(s) of key personnel by title and provide a brief description of their primary responsibility. . These individuals mayor may not be grant funded but provide project activities that are eligible for Byrne Program funding and that establish the "program" your will be reporting on in the quarterly performance reports. For example, if you only purchase drug prevention education materials, you would identify personnel, such as a crime prevention officer, who conducts project activities such as classes using the materials. a. List position title, job description (list only key tasks) and agency. Clinical Coordinator: Responsible for overseeing and approving all client treatment plans, provision of all counseling services, and training of staff involved with client care. Substance Abuse Counselor: Provides weekly individual therapy with clients, leads more intensive group counseling sessions, records client progress in respective client charts, consults with clinical coordinator on client progression and concerns. Group Counselor: Leads less intensive group counseling sessions, records group progress notes in respective client files, reports on specific issues to clients' counselors and clinical coordinator. b. Indicate the number of staff who will provide project activities. Twelve staff members, including clinical coordinator,four counselors, one group counselor, one client services coordinator, substance abuse technicians, and intervention specialists. c. Specify whether positions are Agency or Contract staff. All are agency staff members - FDLE Byrne Formula Grant Application Package Rule 110-9.006 Grant Application Section /I - Page 12 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program a. What is the clients' link to ~he criminal justice system and how do they meet the requirement for being offenders? For example,' have they committed a misdemeanor, felony or both? If juvenile, have they been processed at a Juvenile Assessment Center? If they will be accepted ba.sed on referral by an organization such as a court or law enforcement agency, include that information as well. Clients will be referred from City of Key West Police Department, the Monroe County Sheriff's Office, and the 16th Judicial Circuit Court. b. List all other criteria that clients will be required to meet in order to qualify for selection. If activities will be provided for family or significant others, please includ~ them as well. If either specific age groups, or school categories (i.e., second grade, high school) will be used as categories, that information should also be included. Individual qualitative criteria will be considered when each client presents for treatment. Examples include, but will not be limited to, previous times in substance abuse treatment, types of previous treatment, types of past offenses previous public housing tenancy, eligibility for public housing tenancy. It is not known how these less standard criteria can or will influence the admissions process. For example., a client who participated repeatedly in outpatient treatment programs but never completed successfully could be referred outside the county for more restrictive programs. A client whose charges included domestic battery would be denied public housing tenancy unless s/he completed an anger management course successfully or found other means to satisfy this requirement. c. Identify by position title(s) the individuals that will determine client eligibility. Clinical Coordinator ACTIVITIES 1. If your project does not stand alone, but is part of an existing program, please describe this relationship. Stand alone. 2. Please indicate the activities your project will provide. Select from the following list of commonly funded activities or add additional activities, as appropriate. See checked boxes below. Note: Please be consistent between activities you select from the list and the Objectives and Performance Measures on which you will be reporting.:. , ' 'V: G Ornm 06Xfreatfrie;h t~Ptoj ecf'Actiyifi e's~;;h~:"';{1~ Medical Assessment X Psychosocial Assessment FDLE Byrne Formula Grant Application Package Grant Application Section /1- Page 14 OCJG - 005 (rev. 04/04/03) Rule 110-9.006 Application for Funding Assistance Florida Department of I-aw Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program . Court liaison services include oral and written representation of client progress or lack thereof to the justice system. Such services also could involve appearing in court with or without clients. Clients in need of court liaison services will receive them as appropriate in terms of recurrence and time length. . Individual therapy involves guided discussions regarding a client's issues related to substance abuse as well as the problems emanating from ~ubstance abuse disorders. Clients will receive no less than one, one-hour individual counseling session and the frequency is once per week. . Group therapy encourages clients to present and process issues, information, and impressions related to the recovery process. These supervised group counseling sessions are led by a senior-level counselor. Clients will receive no less than three, one-hour group counseling sessions and the frequency is once per week. . Family therapy permits a client to deal with issues related to her/his addictions and the consequences of addiction to the family structure and members. The goal is to provide clients and family members with guidance to repair and strengthen the family structure and to convey functional means of relations. Clients will receive no less than one, one-hour family counseling session as appropriate to the respective composition of each client family and the frequency varies upon circumstances. . Referral to community resources links clients to services related to resolving their substance abuse problems. Examples include monitoring of psychiatric prescriptions, GED training, and vocational training. clients will receive referrals to community resources as appropriate to the assessment of their problems and the frequency varies upon circumstances. d. Estimate the number of participants that will engage in this activity. 18 clients will be served .for all activities. e. Estimate the number of defined units that the project will provide. 4. In 200 words or less, respond to the following items regarding the treatment services. a. What is the expected length of treatment? Treatment plans will be individualized per client based on substance abuse and (if applicable) other co-occurring disorders. The (mean) average length of treatment is anticipated to be 12 months. b. Are there different phases of treatment? If s<?, please describe. There are no "phases" of treatment, per se. Instead, services will be provided in relation to results from psychosocial assessment and state regulations as follows: Dav/niqht treatment will be provided in accordance with state (DCF) licensing regulations: three hours per day for at least four daY$ per week, with a minimum of four (individual, family, or group) counseling hours. Treatment intensity will FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 16 Rule 110-9.006 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 9. If any special training is planned for personnel at any level, please identify this training and describe how it will further the operation of the project. Also identify the position or types of positions that would attend such training. No special training, outside of each professional staff members required continuing education to maintain credentials, is planned. 1 O.lf equipment purchases will be a significant part of the project funding, descri~e how this equipment will be used in project operations. No equipment purchases are planned. COOPERATING OR PARTICIPATING AGENCIES' 1. List all the agenc.ies and/or organizations participating in project implementation or whose cooperation and/or support are necessary for the success of your project. GCMK is the only agency that will provide treatment services. Potential clients may be referred by organizations including 16th Judicial Circuit, Monroe County, FL, Monroe County Sheriffs Department, Non-detained individuals will receive appointments for a comprehensive psychosocial and addiction severity assessment. Individuals detained by the Monroe County Sheriff's Office will be seen within the Detention Center at times mutually convenient for GCMK and MCSO.' 2. Describe the role of each agency / organization. The cooperative role for these organizations is limited to referral, supervision, and followup. Referrals have occurred formally and informally. For example, judges have. expressly ordered clients to present for the Safeport program's services. Counselors with the 16th Judicial Circuit's Drug Court program may call the clinical coordinator to arrange for an appointment. Supervision occurs with progress reports to monitoring personnel (Le., parole/probation officer, DCF case supervisor, Drug Court counselor, judge, KWHA housing manager). Followup involves contacting the aforementioned individuals to determine a former client's whereabouts. 3. Have you obtained a commitment for support from each listed agency I organization? If it has not been obtained, describe how this will be accomplished. Yes. All these relations are established and in good standing. OTHER KEY INFORMATION _- In 400 words or less, provide any other key"informatioh regarding the program that has not been addressed previously in the application. This should include identifying any other Byrne-funded project/activity/client that overlaps with this request. FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 18 OCJG - 005 (rev. 04/04/03) Rule 11 D-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Activity Implementation Schedule. Complete the Activity Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for reports with mandatory due dates for all prpjects. Place an additional "X" to indicate times applicable to your project, as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your Quarterly Performance Reports will be reviewed against this schedule. . . Subgrant Period (Beginning Date - Ending Date) Administrative Activities ACTIVITY Oct Nav Dec Jan Feb Mar Apr May Jun Jul Aug Sep Submit Financial Reimbursement X X X X Requests Submit Financial Closeout Package Submit Quarterly Program Reports X X X X (04) (04) (04) (04) Submit Quarterly PGI Reports (If applicable) Programmatic Activities " (Continue on a second page if necessary.) . Be sure to include activities mentioned in the Project Description ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Psychosocial Assessment X X X X X X X X X X X X Treatment Plans X X X X X X X X X X X X Intake and Screening X X X X X X X X X X X X Case Management X X X X X X X X X X X X Drug Screeningffesting X X X X X X X X X X X X Educational programs for relapse X X X X X X X X X X X X prevention Vocational Training X X X X X X X X X X X X Court Liaison X X X X X X X X X X X X . , , , Individual Therapy X X X X X X X X X X X X Group Therapy X X X X X X X X X X X X , , -- Rule 110-9.006 Grant Application Section II - Page 20 OCJG - 005 (rev. 04/04/03) FDLE Byrne Formula Grant Application Package AppHcation for Funding Assistance. Florida Department of J-aw Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program F. Project Budget 1. Budget Schedule a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. . b. . Enter the amount of federal, matching, and total funds by budget category that you will use to support project activities. Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total Budget. Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category . Federal Match Total Salaries And Benefits Contractual Services 52,295.00 17,432.00 69,727.00 Expenses Operating Capital Outlay Indirect Costs T atals 52,295.00 17,432.00 69,727.00 FDLE Byrne Formula Grant Application Package . Grant Application Section II - Page 22 OCJG - 005 (rev. 04/04/03) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program appropriate approval of this plan. nfa 5. If the budget includes services based on unit costs, be sure to provide a definition and cost for each service as part of the budget narrative for contractual services. . Provide the following information. a. What is the basis for the unit costs? b. How recently was the basis established or updated? An individualized treatment plan will be prepared for each client according to his/her needs. Services will be delivered based on the treatment plan. A schedule of services for Outpatient Treatment and Aftercare is shown below. Based on a representative schedule of services, 18 unduplicated individuals will be served with 10 of those individuals successfully completing the program. total Service Rate Duration units rate total $ 45-75 Treatment Planning $97.00/plan min 15.00 97.00 1,455.00 Indivdual Therapy $110.00/hour 60min 310.00 110.00 34,100.00 Family Therapy $110.00/hour 60min 103.00 110.00 11,330.00 60-90 Group Therapy $35.00/session min 180.00 35.00 6,300.00 60-90 Vocational Training $25.00/session min 90.00 25.00 2,250.00 20-30 Psychosocial Assessment $48.50/assess. min 72.00 48.50 3,492.00 Outpatient Treatment Service Rate Duration Indivdual Therapy $110.00/hour 60min 60.00 110.00 6,600.00 60-90 Group Therapy $35.00/session min 120.00 35.00 4,200.00 69,727.00 Aftercare The rates shown above have been established based on costs established under guidelines from the Florida Department of Children and Families. FDLE Byrne Formula Grant Application Package Grant Application Section JJ - Page 24 OCJG - 005 (rev. 04/04/03) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pr~gram G. Conditions of Acceptance and Agreement Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 16 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and Byme -Program Guidance Document as well as Florida laws and regulations including the Florida Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State& Local and Indian Tribal Governments", or OMB Circular A-21, "Cost Principles for Educational Institutions". . b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Govemments, or OMB Circular A-11 0 and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16 of Section G, performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient shall submit either monthly or quarterly claims in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 26 OCJG - 005 (rev. 04/04/03) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. . 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and u.S. Department of Justice Common Rule for State and Loeal Governments (reference 31 CFR Part 206 _ Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-ho.ur day. Approval shall be based upon the contracfs compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Loeal Governments, and in applicable state statutes. The Departmenfs approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMS Circular A-110. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Audit a. Subgrant recipients that expend $300,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMS Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Ryles of the Florida Auditor General. ; b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be Rule 110-9.006 Grant Application Section 11 - Page 28 OCJG - 005 (rev. 04/04/03) FDLE Byrne Formula Grant Application Package Application'for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program recipient to make progress in the execution of work hereunder which endangers such perfonnance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires. floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same tenns and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, Le., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this qgreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 30 OCJG - 005 (rev. 04/04/03) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant ProgFam undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized. law enforcement officer .and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, ~o the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice. Office of Justice Programs, Drug Courts Program .Office, program guidelines NDefining Drug Courts: The Key ComponentsN, January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this ~~~~ . c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces Rule 110-9.006 Grant Application Section II - Page 32 OCJG - 005 (rev. 04/04/03) FDLE Byrne Formula Grant Application Package Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Impleme!1tation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or 'educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded prog"ram or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participanfs Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission . that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency,.a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal Joan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for i[lfluencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbyina Activities, according to its instructions. FDLE Byrne Formula Grant Application Package Grant Application Section /I - Page 34 OCJG - 005 (rev. 04/04/03) Rule 11 D-9.006 Application for Funding Assistance . Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that ant residual contamina.tion is remediated, if necessary, and in accordance with existing State and Federal requirements; and 9. Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel. who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. Rule 11 D-9.006 Grant Application Section II - Page 36 OCJG - 005 (rev. 04/04/03) FDLE Byrne Formula Grant Application Package . APPENDIX IV - CERTIFICATION OF COMPUANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program IMPLEMENTING AGENCY CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that this Implementing Agency.. . (Select one of the following): xx Meets Act Criteria Does not meet ActCritei-ia I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency. . . (Select one of the following): xx Has a Current EEO Plan Does Not Have a Current EEO Plan Is Included in the EEO Plan of the Subgrant Recipient. Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant applicatio foi"federal assistance is approved or face loss of federal funds. Signature of Implementing Agency Authorized Official Type Name: James L. Roberts Name of Subgrant Recipient: Monroe County Board of County Commissioners Name of Implementing Agency: Monroe County BOc:lrd of County Commissioners Title: County Administrator Date: (P ( i(O; FDLE Byrne Formula Grant Application Package EEO Certification Appendix IV - Page '2-r:Jf-2- ~ ~ OCJG - 007 (rev. 04/04/03) ~ Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program H. Signature Page In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: - lli+ 14. ~ Typed Name and Title: Clavton H. Wilder. CommunitvProoram Administrator Date: Lo .7- D3 Signature: ~ Typed Name and Title James L. Roberts. County Administrator Date: (p I '-t( 63 . . Board of Coun Commissioners Typed Name and Title James L. Roberts. Countv Administrator "/ ~/63 Date: FOLE Byrne Formula Grant Application Package Grant Application Section 11- Page-B6~ 7. Q OCJG - 005 (rev. 04/04/03) J . \ Rule 110-9.006