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Item C15 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 18, 2006 Division: Budqet and Finance Bulk Item: Yes C8J No D Department: Grants Staff Contact Person: David P. Owens AGENDA ITEM WORDING: Approval of Proqram Generated Income Aqreement with the Florida Department of Law Enforcement for the FY 2004 Sunrise House Transitional Housinq for Recoverinq Homeless Men IV Proqram, provided by Florida Keys Outreach Coalition. ITEM BACKGROUND: FDLE requires this aqreement in addition to the qrant contract for proqrams that qenerate income. Residents at Sunrise House contributed to the proqram at varyinq rates, based upon their ability to pay. This was inadvertently left out of the aqenda packaqe for the qrant contract at the October 2003 Commission meetinq. There was also some confusion as to whether the monthly contribution made by residents qualified as proqram income. FDLE notified the County recently that their files did not contain this aqreement. All proqram qenerated income reports have been sent to FDLE, and all qrant and match funds have been used, reported, and received. PREVIOUS RELEVANT BOCC ACTION: Approval of qrant contract. CONTRACT/AGREEMENT CHANGES: n/a STAFF RECOMMENDATION: approval TOTAL COST: 0.00 COST TO COUNTY: 0.00 REVENUE PRODUCING: Yes D No C8J BUDGETED: Yes C8J No D SOURCE OF FUNDS: n/a AMOUNT PER MONTH YEAR APPROVED BY: COUNTY A TTY OMB/PURCHASING D RISK MANAGEMENT D DOCUMENTATION: INCLUDED: C8J NOT REQUIRED: D DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Department of Law Enforcement Effective Date: 10/01/03 Expiration Date: upon closeout by FDLE Contract Purpose/Description: Agreement governing the use and reporting of program generated income for Florida Keys Outreach Coalition Sunrise House Transitional Housing for Recovering Homeless Men IV as part of Monroe County's FY04 Edward Byrne Memorial Law Enforcement Grant Program Contract Manager: David P. Owens (Name) 4482 (Ext. ) OMB/Grants Mgt. (Department) for BOCC meetin on 10/18/06 Agenda Deadline: 10/03/06 CONTRACT COSTS Total Dollar Value of Contract: $0.000 Current Year Portion: $0.00 Budgeted? Yes X No Account Codes: 125-06017-530490-GG0408-XXXXXX Grant: $0.00 County Match: $0.00 Estimated Ongoing Costs: $2857.00 (Not included in dollar value above) ADDITIONAL COSTS For: Staff support-filing reports, oversight (e.g. Maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Changes Neede~/ YesD Nol..l:r Date Out Division Director Risk Manag~me~~~ O.M.B./pur~a~~g YesD NoB" YesD No~ YesD Noltd-- County Attorney Comments: OMB Form Revised 9/11/95 MCP #2 Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Program Generated Income Agreement Between Florida Department of Law Enforcement and Subgrant Name: Monroe County Board of County Commissioners Florida Keys Outreach Coalition Su mise House IV Proqram Subgrant Project Number: 04-CJ-J3-11-54-01-017 By signature of the authorized contract (subgrantee) official below, the subgrantee agrees to the following terms: 1. All Program Generated Income (PGI) expenditures must be for one of the six program purposes outlined in the Anti-Drug Abuse Act of 1988 (Public Law 100-690, as amended). 2. All PGI will be expended according to the PGI Quarterly Report attached, pursuant to all of the provisions contained in Acceptance and Agreement Section of the referenced subgrant project. 3. Any additional PGI earned during the subgrant period from the referenced subgrant project, which is not included in the attached PGI Quarterly Report shall also be expended in accordance with this Agreement. However, said additional PGI may be separately allocated to the various budget categories by submission and approval of the PGI Quarterly Report reflecting said additional PGI. 4. Any deviation in expenditures from the PGI Quarterly Report attached, or as amended, must be approved in writing by the Florida Department of Law Enforcement (FDLE) prior to expenditures of funds. 5. Upon approval by FDLE to expend PGI, the subgrantee assures FDLE that every effort will be made to expend PGI funds in a reasonable period of time, but in any event, within two years of the last addition of PGI under this Agreement, unless otherwise approved in writing by FDLE. 6. This Agreement will automatically terminate upon approval by FDLE of all PGI expenditures resulting from assets, seizures, and forfeitures during the project period. Florida Department of Law Enforcement: Subgrantee or Implementing Agency: BY: BY: Clayton H. Wilder Community Program Administrator Charles L. "Sonny" McCoy Mayor NamerTitle Date MONROE COUNTY ATTORNEY ROVED AS TO FORM: Date October 18, 2006 Subgrantee FEID # 59-6000749 Rule Reference 11 D-9.006 OCJG-003 (rev. October 2005) t: OJ - 0 Ql c:- I.J... '0 m t: >. 0 C) .Q .Q..o 0> 0 0'0 (I) Q. 0 ~ -Q)ro Ql ~ L- a:: 0 ~ (I)'O() m f- UC_ m a> C (I) (I) c:: E "0 1'00..0> 0 0 (iiX'O :::; 0 'It: "-..J 'L: mW::J :0 (.) Q) ro oS t ~ 0.. Ql 0 - m 't:l Q.. . 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"_ ~ a,.2 '- CD E '- a> 0 CO'> E ~ eg.Eo... u:: 0 .,- 0... .;;; iii t (I) "- E .,.... ::.- ~ C/) 0 t .,.... co mE~g, w I1l Q) :tl - 0 (I) Ql m c.. _ ouca:: f- ::! f-c_ 0 U5 0 a:: z ~. < Florida Department of Law Enforcement Office of Criminal Justice Grants Mailing Address: Omce of Criminal Justiee Grants Florida Department of Law Enforeement 2331 Phillips Road Tallahassee, Florida 32308 (850) 410-8700 Daryl G. McLaughlin Interim Commissioner August 1, 2003 The Honorable Dixie Spehar Mayor, Monroe County Board of Commissioners 500 Whitehead Street, Suite 102 Key West, Florida 33040 Re: 04-CJ-J3-11-54-01-017 / Transitional Housing for the Homeless Substance Abuse Prevention Program 4 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 $3 8,418 to your unit of government. These funds shall be utilized to implement a Byrne Program under Purpose Area 20A - Corrections Alternatives - Halfway House. 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 of the subgrant, "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 A ward 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 certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service . Integrity . Respect . Quality The Honorable Dixie Spehar Page Two We look forward to working with you on this project. Ifwe can be of further assistance, please contact Beth Hamilton at (850)410-8700. Sincerely, ~t~hit~ ~ Community Program Administrator CHW /BH/mg Enclosures 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-J3-11-54-01-017 in the amount of $38,418, for a project entitled: Transitional Housing for the Homeless Substance Abuse Prevention Program 4 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) State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: August 1, 2003 Grant Period: From: 10/01/2003 To: 09/30/2004 Project Title: Transitional Housing for the Homeless Substance Abuse Prevention Program 4 Grant Number: 04-CJ-J3-11-54-01-017 Federal Funds: $38,418.00 State Agency Match: Local Agency Match: $12,806.00 Total Project Cost: $51,224.00 Program Area: 20A Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90 351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100.1D, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90 351, as amended, and P.L. 100 690. 04-CJ-J3-11-54-01-017 SUBGRANT AWARD CERTIF~CATE (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. QQn IJL/1 ~ U~~ Author~fficial Clayton H. Wilder Community Program Administrator ~-I-03 Date Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Please read instructions before completing this application. . The term "Department", unless otherwise stated, refers to the Department of Law Enforcement. . The term "OCJG" refers to the Office of Criminal Justice Grants. . The term "subgrant recipient" or "subgrantee" refers to the governing body of a city, county, state agency, or an Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior. . The term "implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). It may also be an entity eligible to be a subgrantee (ex. City of Live OaK) . Instructions are incorporated in this document by reference. A. Sub~rant Data 1. This section to be completed by Subgrantee 2. This section to be completed bv OCJG Continuation of Previous Subgrant? Yes Project ID # 1 Prog~~ ~ea #: I CFDA #: 16.579 If Yes, enter CJ Contract # of Previous Subgrant -[~()()O ... ( (l SFY 2003 CJ Contract # SFY 2004 CJ Contract # 2003- CJ - CJ - 5A - 11 - 54 - 111 2004 - CJ .J3., -lL. - ~)l.1 .DL - 0\'\ B. Applicant Information 1. Subgrant Recipient (Sub9!antee) Name of Subgrant Recipient (Unit of Government): Monroe County Board of County: County Commissioners Monroe Name of Chief Elected Official/State Agency Head: Dixie Spehar Title: Mayor Address: 500 Whitehead Street Area Code / Phone # 305-292-3440 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # E-mail Address: spehar-dixie@monroecounty-f1.gov Area Code / Fax # 305-292-3466 2. Chief Financial Officer of Subgrant Recipient (SubQranteel Name of Chief Financial Officer: Danny L. Kolhage County Monroe Title: Clerk of the Circuit Court Address: 500 Whitehead Street Area Code / Phone # 305-292-3550 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # E-mail Address: Area Code / Fax # 305-295-3663 3. Implementing Agenc~_____ Name of Implementing Agency: Monroe County Board of County Commissioners County Name of Chief Executive Official/State Agency Head I Subgrantee representative Monroe (if a subordinate agency of the subgrant recipient): James L. Roberts Title: County Administrator ~~._-,---,-, Address: 1100 Simonton Street Area Code / Phone # 305-292-4441 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # ...., , E-mail Address: ro berts-j ames@monroecounty-fl.gov Area Code I Fax # -~,~,-,~ -~,~~-~- --"'~""-,_.,,""""'~,,_..."'_...,~,-~"'''-'''-''' 305-292-4544 -- _E.[)~EJ}.y.!.ne Formula..Qrant AepUcation P<l.c/{.iJge___ Rule 11 D,9006 '_______~_GrantApplication Sectfoi1f/:Pagel 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 4. Proiect Director Name of Project Director: David P. Owens County (Implementing Agency Employee) Monroe Title: Grants Administrator Address: 1100 Simonton Street Area Code / Phone # 305-292-4482 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # E-mail Address: owens-david@monroecounty-f1.gov Area Code / Fax # 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 / Phone # City, County, State, Zip Code: SUNCOM # E-mail Address: Area Code / Fax # 6. Person Responsible For Financial ReportinQ (if known) Name: David P. Owens County Monroe Title: Grants Administrator Address: 1100 Simonton Street Area Code / Phone # 305-292-4482 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # E-mail Address: owens-david@monroecounty-f1.gov Area Code / Fax # 305-292-4515 7. Person Responsible For Programmatic Performance Reporting.ill. known) Name: David P. Owens County Mon roe Title: Grants Administrator Address: 1100 Simonton Street Area Code / 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: Rev. Stephen E. Braddock, Ph.D. County Monroe Title: President and Executive Director ~~-,-----,~--"~cc-- Address: P.O. Box 788 Area Code / Phone # 305-293-8189 City, County, State, Zip Code: Key West, Monroe, FL 33040 SUNCOM # -'--,~ E-mail Address: frbraddock@cs.com; fkoc4homeless@cs.com Area Code / Fax # 305-293-8276 '--------,~- , , ' ----~--~-- ~-'~~-""""~--- FR.LEE3Jfc~f()rm ulilQra nt ApplicatiQfl..,=a(;_kag~,_~_~___ __~,____~___grant Application Section" - Page2 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. Administrative Data 1. Project Title: Transitional Housing for the Homeless Substance Abuse Prevention Program 2. Identify the year of the project (I, II, III, etc.) IV 3. Project period I Start: 10/01/03 I End: 09/30/04 D. Fiscal Data Remit Warrant to: (This may only be either the individual listed in B2 (Subgrantee CFO) or a designee in their office. If 82 is selected, do not reenter the contact information. This is onlv needed for desiqnee. B2 OR DESIGNEE XXX Name: Title: Address: City, State, Zip Phone Number: 2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer pro~ram? (Reimbursement cannot be remitted to any entity other than the subgrantee.) Yes XX No 3. Frequency of Fiscal Reporting: Monthly_ Quarterly XXX 4. Subgrant Recipient FEID #: 59-6000749 5. State Agency SAMAS #: 6. Project Generated Income (PGI): Yes X Will the project earn PGI? (See Section G, Item g.) No - 7. Cash Advance: Will you request an advance? Yes Amount No XX If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. Amount requested must be justified and accepted by FDLE. ~fDLE By!'!e For~mula grant ApelicatiorlF'~cJiC1ILe_ _~~~~~_~~_(;!ant Application Section Ii-PageT OCJG 005 (rev. 04/04/03) Rule 11 D-9006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program E. Project Narrative 1. Problem Identification: Briefly descri be a specific problem to be addressed with subgrant funds in terms of Proble m 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. a. Problem Description: What is the problem to which your project is responding? Define the problem as it relates to the program area for which you are seeking funding. Be concise, avoid redundancy, but give enough detail to allow the reviewer to understand the problem. FKOC is responding to the need for community based, supervised residential alternatives for offenders who pose no risk to the community and need not be incarcerated within the criminal justice system. b. Problem Significance: Why is this problem significant to the subgrantee? Identify who is affected by the problem, including the specific types of individuals who contribute to and/or who are negatively effected by the problem. Write for an audience that knows nothing about the problem and explain why it is important that the proposed project address this problem at this time. FKOC's mission is to provide homeless individuals with the resources and opportunities by which to attain residential, financial and personal stability and self-sufficiency. The vast majority of clients served are in recovery from alcohol and drug abuse, many are ex-offenders. The causes of homelessness in the Florida Keys remain rooted in poverty and the lack of affordable housing. Complicating the situation for many individuals and families are related problems of mental health issues, domestic violence and widespread substance abuse. The resulting despair from anyone or combination of the above factors frequently leads to anti-social behavior and/or criminal activity. This is evidenced locally by the high number of homeless incarcerated at the Monroe County Detention Center. c. Needs Assessment: Identify the current scope of the problem. Support your problem statement(s) with factual information. Use both quantitative and descriptive data that relates to your specific geographic area(s) and problem. Be sure to use appropriate types(s) and level of data to describe the scope of the problem. For example, do not use national data alone to define a local problem. Identify the sources of all data that you use. Do not describe -.E.[)tE ftiI'!f!formul(j Gr.a.'!LAe[Jfication..f'acjf-,!Q.e~,_ .. __________.'_____'_._____Siran!..~e[Jfication . Section If - Page 4 .. Rule 110.9006 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 how the proposed project will address the problem, as this will be covered in another section (Project Description). If this is a new subgrant, highlight identified unmet needs the project will address this year. If this is a continuation of a pre-existing subgrant, provide a brief summary of project accomplishments in meeting identified needs to date. Include a description of any gap between current or desired project results. Also, provide a description of any continuing and/or new unmet needs the project will address this year. On any given day, 15-20% of the inmates incarcerated in the Monroe County Detention Center are reported to have either been homeless at the time of their incarceration or will be at the time of release. Monroe County has the highest ratio of homeless individuals in the State of Florida. One out of twenty people are homeless and most suffer from substance abuse, which frequently leads to criminal offenses. According to the Department of Children and Families Annual Report on Homelessness released on June 30, 2001, the number of homeless in the State of Florida has increased 14% to 67,587 on any given night. A point-in- time census of the homeless in Monroe County was conducted on April 1 0, 2002 and reports that 78% of those homeless in Monroe County are adult males as compared to 45% of the statewide homeless population being male. The census further revealed that there are at least 110 homeless families in the Florida Keys, most in the lower Keys and Key West. 268 homeless children were identified, not including 46 teenagers tallied. FKOC's major accomplishment this year was the acquisition of a new emergency facility at 2221 Patterson Avenue, Key West. The new 20-bed Neece Center for Homeless Recovery is the entrance point to FKOC's more advanced transitional housing program. After an initial period of up to 90- days for stabilization at Patterson Avenue, clients can transfer to Poinciana Plaza for supportive group living with continued case management, job referral, drug testing, support groups, transportation to NA/AA, community service The major two obstacles identified over the past three years are the limitations that FKOC's Poinciana Plaza lease with the City of Key West places on admissions and hours of operations. FKOC was not permitted to do on-site assessment and intake and was unable to admit anyone outside the hours of 9am-5pm Monday through Friday. This proved especially difficult when attempting to admit offenders immediately upon discharge from incarceration, an event that frequently occurs after normal business hours. The new facility includes an onsite assessment and intake office that is open 7-days a week from 8am-12am. Outreach Workers are now working 4pm- 12am 7 -days a week and facilitate admissions by transporting potential ..fQLf. By!ne Formu!.a.Grant Appli~tion Pac'5.i.1fJf!.___.._~__.._.. GranLAppficatiSJ-'2.. Section If - Page 5 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 clients to the facility for pre-screening. A vehicle donated by the Monroe County Sheriff allows FKOC to pick-up offenders when released from detention and bring them directly to the Neece Center. FKOC has developed a new program component to provide clients with ongoing life-skills education. The Stepping Stones Program is a ongoing series of 12-session mandatory classes that include topics such as: Anger Management, Interpersonal Communication, Job Skills, Parenting Skills, Drug/Alcohol Prevention, Recovery Maintenance, Stress Management, etc. The classes are facilitated by two Professional Counselors. ,.EDLEJiymeEQ!~L1f~Q@ nt 1~12f2lic;~ti(),! Paci!iJge.,~ __,<:J!clflt Application Section If - Page 6- 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 2. Project Description: Briefly describe proposed project activities. Refer to Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You should include project goals, administration, enhancement/expansion, staff, service providers, clients or other participants, equipment, location, and expected project results, as described in the application instructions This section should address the basic points of who, what, when, where, and how. Continue on additional pages if necessary; do not exceed three paqes. Project Description. Briefly describe proposed project activities. (Refer to Appendix II, Part I, Pages 1 through 3 for a description of project eligible program areas.) Be sure to address the following items: a. Project Enhancement and Expansion: If your project does not stand alone, but is part of an existing program, please describe this relationship. This is a stand-alone project. b. Project Goals: What are the project short-term (1-year) and long range (4- year) goal( s)? This will be the fourth year of the program. We will more than double the number of bed days available for offenders and add a new life-skills program. The Director, in collaboration with the life-skills trainers, recently designed a post-discharge program to provide those who successfully complete the residential phases offered by FKOC the opportunity to receive ongoing support and continued skills training after they achieve residential independence and stability. Funding for this expansion is being sought from various sources that offer funding for homeless and drug abuse prevention. FKOC has been working collaboratively for nearly two years with a faith- based homeless outreach group serving the middle keys. A new homeless drop-in center will open in Marathon on June 28, 2003 and FKOC outreach will frequently visit the facility to recruit eligible individuals into the current program. Additionally, the facility has the capacity for twelve beds, and dialogue is underway to determine the feasibility of establishing a satellite FKOC residential program in Marathon. c. Treatment and Prevention Projects - Service Provider Information: (1) Who or what type of organization will serve the target population? ...EQLE BY!!'i'!,CCJ!.l1} ula GiilnJApplicillion Pac/(ai1i'!___''_____'__ . GranL4pplication Section/I: Page-Y 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 The Florida Keys Outreach Coalition is a homeless service provider offering emergency and transitional shelter, as well as outreach, education, advocacy and prevention services. Now in our tenth year of service to Monroe County, we offer a residential program to support homeless addicts and former offenders in the transition from despair and hopelessness to sobriety, stability and self-sufficiency. (2) Does the Service Provider have a history of successful performance of this type of service or is this a new activity? Include an organization chart where appropriate. FKOC was established in 1992 a nd began with a 16-bed facility for homeless men in recovery from alcohol and substance abuse. The organization now serves men and women with a total capacity for 120 individuals in five facilities. The mission of the Florida Keys Outreach Coalition (FKOC) is to provide homeless individuals and families with the resources and opportunities by which to attain residential, financial and personal stability and self-sufficiency. FKOC has an impressive 11-year history of successful performance and is Monroe County's largest single homeless service provider. FKOC operates 20 emergency and 55 transitional beds for homeless single men and 49-beds for a mix of women and children. (3) In order to comply with state and federal laws include a description/listing of any pertinent licenses or current contract held by the organization whether Implementing Agency or Service Provider. It is the responsibility of the subgrantee to ensure that a Service Provider is operating under the appropriate state laws (ex. Chapter 650, FAC, Substance Abuse Services, or Chapter 65E, FAC, Mental Health Programs ). All mental health, substance abuse and medical treatment is referred to appropriate provider's. FKOC has the appropriate license for its residential services. (4) Additional guidance for prevention and treatment projects is found in Appendix X. This appendix is a listing of the information OCJG needs to have in order to approve these types of projects but has frequently found missing in initial application submissions. It is not necessary to use the guidance format, but you are encouraged to provide all identified information regarding your proposed project. d. Multijurisdictional Task Force Projects: Identify the following as you prepare the project description: This section does not apply. __p:[)!JL?Ylne ForfY!LJ'<lg~arJt AppficClti()'!ECI(;kagl!~~_,_,_~______,~_ '___(;ra'!l.A:fJJ!'ica ticJ~_ Section If - Page 8 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 (1) Target Group: Briefly describe all types of offenders your project activities will target. (2) Activities: As you describe your activities, include how they relate to the target group to be addressed. (3) Cooperating and Participating Agencies / Task Force Agreements: List all agencies that will participate in project activities or whose cooperation or support is necessary for its success. Describe each agency's role and state whether you have a formal written commitment of support from each listed agency. This support must ultimately be in the form of a signed Task Force Agreement that conforms to U S Department of Justice guidelines. If you do not have such a signed agreement, or if it is not current, describe how you will obtain one. e. Project Staff - All projects: Tell us who they are, what they are going to do, and how they are going to do it. For Treatment and Prevention Projects: In those cases where provider staff is required to be licensed, please include a description/listing of such licenses. For Law Enforcement Projects, describe the types of positions and identify the unit(s) they are operating within. Also list their jurisdiction if more than one agency is participating in the project, for example in task force projects. FKOC is administered by an Executive Director with over 12 years experience in health and social service administration. A business manager handles all fiscal matters and grant monitoring. Two case managers, assisted by assistant case managers are responsible for monitoring client progress and compliance, a Supportive Services Coordinator facilitates life- skills classes, transportation, meals, and client activities. Outreach workers perform assessment and intake. Program monitors provide twenty-four hour supervision and daily drug testing. No professional licenses are required. f. Project Equipment: Identify the equipment and briefly describe how this equipment will be used in project operations. Drug and Alcohol test strips are purchased from ROCHE Laboratories and administered daily. g. Project Location: Describe where will the project be located and activities will take place. (1) If there is a political jurisdiction (i.e. city, county) that defines the target area, please identify it. All five facilities are in Key West Florida but serve clients from throughout Monroe County. ,..!JJLE Bym~Formula Grant,~ppficatiofl,=il(~~Clg~__________,__~_ Grant Application Section7j--':Pageg- 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 (2) If you will provide project activities in a geographic area other than those represented by a unit of government, indicate the service area boundaries. This could be through street or neighborhood names or a judicial circuit. The use of zip codes as the only identifier of an area is not acceptable, although they may be included as part of the descriptive information. N/A (3) If a service will only be available to persons utilizing a specific facility, use the name of the facility, for example a county jail. N/A h. Project Activities / Administration: (1) Describe all activities to be provided. Outreach and assessment. Intake and Individualized Action Plan. Life-Skills Training, AAlNA Meetings, meals, case management, drug testing, community service, referrals. (2) Identify when and how frequently project services are to be provided. Daily (3) Be sure to include these activities in the Activity Implementation Schedule. I. Target Groups, Clients and Participants: (1) Who will receive the services to be provided? Homeless ex-offenders with a history of alcohol and/or substance related crime. (2) How will clients and participants be selected? Include a clear description of the criteria if applicable. Pending bed availability, clients are accepted on a first come, first served basis. They must be undergo a criminal background check and drug test prior to admission and remain substance free. Client's must be willing to live peaceably in a community/group environment and agree to abide by all program rules and regulations. J. Project Results: How will the project be organized to succeed? Provide a description of successful completion for an individual if this is a treatment __ FDLE BY!!'.I!Er:>rmula Grant Applif;ii!{on PackafF .~~~_____,.~~,,~____,Q~ilnt Application Section f1~age10- 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 project. Be sure to review Application Instructions for Section E.3 of the Subgrant Application Package, and relate your comments to the Program Objectives and Performance Measu res for your project. Clients may remain in the program for up to two-years. It is not a treatment program but a residential progra m with supportive services. All clients in need of treatment are referred. The program will serve offenders with criminal histories related to drugs/alcohol. Offenders will be tested daily for drugs/alcohol, be required to attend and transported to daily NAlAA meetings, maintain steady employment within two-weeks of admission, perform community service, have a 10pm curfew and all house rules. Life-skills training is also mandated. _Ef2I::Ef!ymeE~~m u~ Grant ApplicilJiQ,n P ackilg~_____ _g~ant Appfi~~tion__ Section II - Page 11 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 3. Program Objectives and Performance Measures: Up to three types of objectives may be included in this section of your subgrant application, i.e., Uniform Objectives, Project-Specific Objectives and Self-Generated Objectives. If you are proposing a project in one of the Authorized Program Areas with no Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 410- 8700 for further guidance. Continue on a second page if necessary. a. List the number and title of the Program Area to be addressed. Refer to Appendix II, Part II, for a listing of authorized program areas. (Select only 1 Program Area) 20A (#) Corrections Alternative - Halfway House (Title) Drug Testing b. List Uniform Objectives first, followed by any other appropriate objectives you may wish to address. If additional objectives are included, please identify whether they are Project Specific or Self-Generated Objectives. Uniform and Project Specific Objectives form the basis for collection of data and quarterly performance reporting. Uniform Obiectives (Mandatory, copy as worded for the program area addressed and include all appropriate questions. Include Objectives from only 1 program area, Objectives from a different program area could be included as Project Specific Objectives). 20A.01 Provide forty (40) offenders with transitional housing. Part 1 - During this reporting period, how many offenders were NEW ADMISSIONS and/or READMISSIONS to transitional housin ? Provide forty (40) offenders with case management services and daily structured activities. Part 1 - During this reporting period, were most offenders provided with case management services? Part 2 - Durin this re ortin eriod, were most offenders rovided with dail structured activities? Provide forty (40) offenders with short-term individual and group supportive life skills counseling. Part 1 - During this reporting period, were most offenders provided life counseling? Numeric 20A.02 Y/N 20A.03 Y/N PS001 Provide 600 drug tests. FDLE BY!f1IiF=f!!f!l ulilJ,i!<lT1JIIRe1iqCition PaC-'(~<lg~_ Grant Application -'---~~-'------~-------.section ii - Page 12- 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 projects. 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 Nov Dec Jan Feb Mar Apr Mav Jun Jul Auq Sep Submit Financial Reimbursement 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 Outreach and assessment X x x x x x x x x x x x Intake x x x x x x x x x x x x Criminal Background Check x x x x x x x x x x x x Drug Testing 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 Transport. To NAJAA x x x x x x x x x x x x Life Skills Training x x x x x x x x x x x x Community Service x x x x x x x x x x x x Child Care x x x x x x x x x x x x ---~-_._..~,.- Meals x x x x x x x x x x x x ---~~-,--- _FDLE Byrne F(jrrr!L1fiL Grant AppHC:i1ticm Pac;"i1g~ "" '___''_~_,__""_ Grant Application Section If--:'Page 13" OCJG -- 005 (rev" 04/04/03) Rule 110-9006 Application for Funding Assistance Florida Department of Law 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 of25 percent of the Total Budget. "".. '" _I L. . , .11. . .L . Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And Benefits Contractual 38,418.00 12,806.00 51,224.00 Services Expenses Operating Capital Outlay Indirect Costs ----- ..., Totals 38,418.00 12,806.00 51,224.00 -- .~ ..f.QLE ~rne For,!,[JJ,CJ.SJran!.~ppficatio__nJ~ackage Grant Application '~Section ~Page 14- 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 2. Budget Narrative a. The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Indirect Costs). The Total Project Costs should be included. b. You must describe the line items for each applicable budget category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. Continue on additional a es if necessa . Please respond to the following five items before providing the details of the Budget Narrative. 1. Source of match must be cash and represent no less than twenty-five (25) percent of the project's cost. a. Identify your specific sources of matching funds. General revenue fund. b. Is match available at the start of the grant period? yes c. If match will be provided from a source other than the subgrant recipient or the implementing agency, how will the match be tracked and verified? (The subgrantee is responsible for compliance.) n/a 2. If Salaries and Benefits are included in the budget as Actual Costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial year? xx If no, please explain. If yes, please list number and title of position and type of benefits. No: Yes: 3. Indicate the OCO threshold established by the subgrantee. $750.00 4. If Indirect Cost is included in your budget please indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. n/a 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? Unit Cost = $16.41 $143,775 program cost divided by 24-beds = $5,990.63 $5,990.63 divided by 365 days = $16.41 per day FDLE B Y!!1!!.!or/'l2~ICl.Qr..an t Appjic;i1Ji()-,-lJ'.Ci.c.kJl.ge ,_._~a.nt Application Section 11- Page 15 OCJG - 005 (rev. 04/04/03) Rule 110-9006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Total Byrne Funds plus MC Match = $51,224.00 $51,224.00 divided by unit cost of $16.41 = 3,122 funded bed days A bed day is defined as shelter, food, case management, shower, laundry, local transportation, telephone, personal care items, daily drug testing, employment referral, compliance monitoring, and life-skills education. b. How recently was the basis established or updated? Income: Byrne Grant Monroe Cty. Match Other Funding Sources Total 38,418 12,806 92,551 143,775.00 Expenses: Salaries/Benefits Utilities Telephone Drug Testing Maint. Supplies General Ops Life Skills Training Total 76, 409 13,516 2,500 9,000 5,000 15,750 21 ,600 143,775.00 Services will be provided under contract between Monroe County and the Florida Keys Outreach Coalition, Inc. Purchasing methods to be used will conform to existing Federal, State, and Local laws and regulations. FDLE E}}'rnec()r!T1.,ufa G!'iIJt~[Jplication Package Grant Application Section/f - Page 16 OCJG 005 (rev. 04/04/03) Rule 110-9006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 Byrne Program Guidance Document as well as Florida laws and regulations including the Florida Administrative Code Chapter 11 D-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 StateL 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 Governments, 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. _E!2L,g,E:iy!~eJorm ula Q@!!LApplicati()QPackag_e_ ,Qrant Application Section If - Page1T 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 (4) Before the "final" claim will be processed, th€ subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of r€imbursement. (5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by OCJG. b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-ltD, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department justifying the need for such funds. This request, including the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. 8. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds. 9. Travel and Training a. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain written approval from the Department for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. Subgrant recipients shall obtain written approval from the Department for reimbursement of travel costs for field trips that were not listed in the approved project description and budget. b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. FDL~f:3y'!ne Formul'!Grant Application Pack~______~_,___, _'__~,_~,_GrantApplication Section 1j'~Page 18- 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 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 Local 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-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's 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-11 O. 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-11 O. 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 OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified 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, Rules 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 (g) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The _FDLE Byrne FonTlula g~a!'t~flfJE~Cition PjI(;-'!CirE, Grant Application Section 11-. Page 19 OCJG 005 (rev. 04/04/03) Rule 110-9006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enfo rcement Assistance Formula Grant Program IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 16. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 17. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (gO) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to OCJG, again explaining the reason for delay and request another revised project starting date. c, Upon receipt of the ninety (gO) day letter, the Depa rtment shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (gO) day period, but only by formal written amendment to this agreement. 18. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the 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 _EDLE Byrne Forf'rll1',!gr~l!.~fJ!i(;aJion Pa_cli'!9e._ Gr'!r1J.Applir;:ation Section If - Page 20 OCJG - 005 (rev, 04/04/03) Rule 110-9006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 terms 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, i.e., 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 agreement and shall distribute its response to all concemed 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 waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any oftheir duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for _E.c2l"E_,,!yme Formula Grant AejJfi(;,!tion Packil_ge__ Grant ApplicaJion Section If - Page 21 OCJG 005 (rev. 04/04/03) Rule 11 D,9.006 Application for Fundi ng Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign Section I. Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has authority to submit requests for approval of specific travel, Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hoUine; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the 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 . FDbf:.f3.1'!J!_eE(jrmula Q!il11t Applic,iltion Pac;l5.ilg~_ Grant Application '~---~Secfjon Ti:-Page 22 OCJG 005 (rev. 04/04/03) Rule 110-9006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing 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 "Defining Drug Courts: The Key Components", 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 1 968, 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 agreement. c. This certification is a material representation offact 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 offederal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1 973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1 975; and, Department of Justice Non- Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. _,=,[)LEJ3 yrne CO!J!!l1!i1. GranJjJ.pp{{ca ti()~~i1.(;/(_a9!!,____~_____" Grant Application Section fl-Page23 OCJG 005 (rev. 04/04/03) Rule 11 D-9006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program b. The subgrant recipient and a the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1 968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157,42 U,S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1 ,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101- 336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act (UlNA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 27 4A( e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 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 1 OO-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) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in ,_!=r:>'=~J3J'!!)e Formula Grant Aee!ica t~o!2!' ackjlfJf!_ Grant Application Sectionli=Page 24- 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 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 program 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, Participant's 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 $1 00,000 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 loan, 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 influencing 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 Lobbvinq Activities, according to its instructions. Rule 110,9.006 G~'!nt App!.ication_ Section If - Page 25 OCJG 005 (rev. 04/04/03) FDL~Byme.EorlT1ula Grant APfJ'ic:.,!!i()I1_E'.a~f5~g~___~__M'_~~________ Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 38 of Section G, Conditions of Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. "Pay -to-Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 41. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 1. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; FDLE Byrne Fo~mula Grantj:{pplication PacifcJg.e . ___~_,___,_____..~____,~_Qrant AI!P'iciltion Section II - Page 26 - OCJG 005 (rev. 04/04/03) Rule 110-9006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and g. 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. -.EQ~li~'ime Form ula GraflJ_~PEfiC;<l tion Packag_~ Grant Applicatio,! - ,~ SeciiOn~1f - Page 27 ~ OCJG 005 (rev. 04/04/03) Rule 110-9006 APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE 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 the Subgrantee (Subgrant Recipient) . . . (Select one of the following): XX Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient 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 Subgrant Recipient. . . (Select one of the following): xx Has a Current EEO Plan Does Not Have a Current EEO Plan Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient 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 a Iica' n for feral assistance is approved or face loss of federal funds. .--/~ Signature of Subgrantee Authorized Official Type Name: James L. Roberts Title: County Administrator Subgrant Recipient: Monroe County Board of County Commissioners 0( l.f( 63 Date: FDL,E B"ym" e Formula Grant Application Package -----~-~~~.- EEO Certification Appendix'/V - Page- 2 ofT OCJG 006 (rev, 04104/03) Rule 11 D-9006 APPENDIX IV - CERTIFICATION OF COMPLIANCE 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 Act Criteria 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 application for federal assistance is approved or face loss of federal funds. -:7~~_C~-< . 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 Board of County Commissioners Title: County Administrator Date 0( ~IJ 3 FDLE BY.r!2I2.Form.L1~(;!}1!!L~ppficaJion Pacj(,age ~____, '~~~,___, EEO qertificati~ Appendix IV - Page 2 of 2 OCJG 007 (rev 04/04/03) Rule 110,9.006 APPENDIX IX - CERTIF/CA N REGARDING LOBBYING; DEBARME . SUSPENSION, AND OTHER RESPONSIBIUTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Program Form Provided by the U.S. DEPARTMENT OF JUSTICE. OFFICE OF JUSTICE PROGRAMS. OFFICE OF THE COM PTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT. SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS App!;,ants should eefe, to the 'egulaHons "ted below to detennlne Ihe ,ert;fl,aHon to whl'h they a'e eequI'ed 10 atie". Appl',ants should also eevlew the Inst""tlons fo, ,ertifieatlon Included In the ","ulaHons befoee completing this fonn. Slgnatuce of Ihls fo'm provides fa, eomp!;anee With eert;fleatlon ,equkements unde, 28 CFR Part 69, "New Rest,'eHons on lobbying" and 28 CFR Part 67, "Govemment-wlde Debannent and Suspension (Non-proeucement) and Govemment-Wlde Requleements fa, 0"'9-F ,ee W ockplaee (Gmnts)". The eert;flea'ons shall be teeated as a malerial ,ep'esentatlon of fact upon which ee!;anee will be placed when the Department of JusHee dete,mlnes to awa,d the Covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative a9reement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with the making of any federal grant, the entering into of any COoperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal grant or cooperative agreement; (b) If any funds other than federal appropriated funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any agency, a member of Congress. an officer or an employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form lll, "Disclosure of lobbying Activities", in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants. contracts under grants and cooperative agreements, and subcontracts) and that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective partiCipants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 ' A. The applicant certifies that it and its principals: (a) Are not presently debarred, Suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil jUdgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement theft forgery, bribery, falsification or destruction of records. making' false statements, or receiving stolen Property; (e) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1) (b) of this certification; and (d) Have not within a three,year periOd preceding this application had one or more public transactions (Federal. State, or local) terminated for cause or defaUlt; and B. Where the applicant is unable to certify to any of the statements in this certification. he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug,Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620, A. The applicant certifies that it will or will continue to provide a drug- free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or Use of a controlled substance is Prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such Prohibition; (b) Establishing an On'going drug,free awareness program to inform employees about, (1) The dangers of drug abUse in the workplace; (2) The grantee's policy of maintaining a drug,free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations Occurring in the workplace; FDLiC 13= Fan"",. G""i"ppN'''","P_a'ka~ _ . _ '. _ .L.Ei'b!l01L D"b."!'"~"i, ~U"f'e"s;_o"_a,,,,- D"'-'1:1",,' WO'kp"" C"Me.tion AppendixiX=PAnlO -;;-;;r0- ~ule 110'9.013 APPENDIX IX - CERTlFICA N REGARDING LOBBYING; DEBARME , SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that. as a condition of employment under the grant, the employee will, (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after the conviction; Check here here. If there are workplaces on file that are not identified (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including position title, to: Department of Justice, Office of Justice Programs. ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; Section 67.630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7. Check here 4061/7. If the State has elected to complete OJP Form (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2). with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or DRUG-FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State. or local health, law enforcement, or other appropriate agency; As required by the Drug,Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F. for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620, (g) Making a good faith effort to continue to maintain a drug,free workplace through implementation of paragraphs (a), (b), (c), (d). (e), and (f). A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B. The grantee may insert in the space provided below the site( s) for the performance of work done in connection with the specific grant: B. If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction. to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue. N.W., Washington, D.C. 20531. Place of Performance (Street address, city, county, state, zip code) As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Monroe County Board of County Commissioners 2. Project Name: Transitional Housinq for the Homeless Substance Abuse Prevention Proqram IV 3. Typed Name and Title of Authorized Representative: James L. Roberts, County Administrator 4. Signature: -J~~ 5. Date: (P!tf!D3 ,E.[)LE B'f'I1.e FormulaGrant AppfiE'!tiQn.f>.ackafle________ Lobbying, D~Qi1rJTLenJ!_S.uspen~Qf1Li!..nd Dr[IJl~r=f'ee w....o~kp@ce G.e!!.ification_ Appendix IX Page 3 of 2 Rule 110,9013 OCJG - 006 (rev. 04/04/03) <1 "~_,::t. 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. C1e;-fm M. k{li~ Typed Name and Title: Clayton H. Wilder, Community Proqram Administrator Signature: Date: g-j- 03 Typed Name ~ ~n:s Mo Signature: Typed Name and Title: James L. Roberts, County Administrator Date: &/l/(03 Typed Name o~ Ml\me Coonly Baaed of Coonly Commi"ione" Signature: ~~rC..~ Typed Name and Title: James L. Roberts, County Administrator Date: (,/4/6;> ,~E[)LE BY!'!I!.E!!CfT![JI~C;!'!l1t!1J2fJ1~~i5>n, P aGkag~1!. Rule 110-9.006 ______Grant A.fJElic;ation _ Section If - Page 28 OCJG 005 (rev 04/04/03)