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HomeMy WebLinkAboutFY1994 12/22/1993x BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 `';'UM% C ti ; 6, f��0 COUN" ;Dannp 1. Rotbage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 M E M O R A N D U M BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 TO: Division of Management Services c/o County Administrator Attn: Mary Broske, Director Grants Management FROM: Isabel C. DeSantis, Deputy Clerk DATE: January 25, 1994 On December 22, 1993, the Board granted approval and authorized execution of a Contract in the amount of $30,060.00 by and between Monroe County and the Guidance Clinic of the Middle Keys, Inc., to provide a Residential Alcohol/Drug Recovery Facility. Inasmuch as Mary Broske will be following -through on this matter, she has been provided with three duplicate originals of the subject Contract executed by all parties. One set of documents are for her departmental records, one for David Rice, Chief Executive Officer of the Guidance Clinic of the Middle Keys, Inc., and one for the Department of Community Affairs. Should you have any questions concerning the above, please do not hesitate to contact me. cc: County Attorney Pile ounty Administrator w/o doc. Finance Director K' ANTI -DRUG ABUSE ACT FUNDS AGREEMENT THIS AGREEMENT is made and entered this a a day of VA_Pj , 1993, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 5100 College Road, PSB Wing II, Stock Island, Key West, Florida 33040, hereinafter referred to as "COUNTY," and the GUIDANCE CLINIC OF THE MIDDLE KEYS, INC., whose address is 3000 41st Street, Ocean, Marathon, Florida, 33050 hereinafter referred to as "GUIDANCE CLINIC". W I T N E S S E T H: WHEREAS, the Department of Community Affairs has awarded a subgrant of Anti -Drug Abuse Act Funds to the County for a Alcohol/Drug Recovery Facility; and WHEREAS, the COUNTY is in need of an implementing agency to provide rehabilitive services to individuals with substance abuse addictions; and WHEREAS, the GUIDANCE CLINIC is the )23404 provider of this social model f�� P program; and l WHEREAS, the COUNTY has agreed to disper v, ne 9z v * Anti -Drug Abuse Act Funds to the GUIDANCE CLINIC in. 0 . accordance with the COUNTY'S Alcohol/Drug Recovery Facility Application for the Anti -Drug Abuse Act Funds. NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY �a72tl"'th'e, 'G JIDA CE CLTN'IC -agree as `io;l"rows Y. SECTION 1. TERM The term of this Agreement is from December 16 , 1993, through September 30, 1994, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. SECTION 2. SERVICES The GUIDANCE CLINIC will provide rehabilitative services as outlined in the the COUNTY'S Alcohol/Drug Recovery Facility Grant Agreement #94-CJ-1Z-11-54-01-122, attached and made a part hereof. SECTION 3. FUNDS The total project budget to be expended by the .GUIDANCE CLINIC in performance of the services set forth in Section 2 of this agreement shall be the total sum of THIRTY THOUSAND SIXTY DOLLARS ($30,060.00). The total sum represents federal support in the amount of TWENTY-TWO THOUSAND FIVE HUNDRED AND FORTY-FIVE DOLLARS ($22,545.00) and local matching funds of SEVEN THOUSAND FIVE HUNDRED AND FIFTEEN DOLLARS ($7,515.00). All funds shall be distributed and expended in accordance with the Project Budget Narrative submitted as outlined in the grant agreement. SECTION 4. INCORPORATION BY REFERENCE The provisions of that certain document entitled "State of Florida Department of Community Affairs, Division of Emergency Management, Bureau of Public Safety Management Subgrant Application for Anti -Drug Abuse Act Funds" and all 2 laws, rules and regulations relating thereto are incorporated by reference. SECTION 5. IMPLEMENTING AGENCY BOUND The . GUIDANCE CLINIC- as an implementing agency under the 'COiiN', Y'*''S Anti -Drag ,Abuse `Al^cthol-/Drug "Recovery Facility x- Program, shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the GUIDANCE CLINIC shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Department of Community Affairs Grant Program. SECTION 6. BILLING AND PAYMENT (a) The GUIDANCE CLINIC shall render to COUNTY, at the close of each calendar month, an itemized invoice properly dated, describing the services rendered, the cost of the services, and all other information required by the Program Director. The original invoice shall be sent to: Dr. Mary S. Broske Director, Grants Management Public Service Building, Wing II 5100 College Road Stock Island, Florida 33040 (b) Payment shall be made after review and approval by COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by .GUIDANCE CLINIC. - SECTION 7. TERMINATION This Agreement may be terminated by either party at any time, with or without cause, upon not less that thirty (30) days written notice delivered to the other party. The COUNTY shall not be 3 obligated to pay for any services provided by the GUIDANCE CLINIC after the GUIDANCE CLINIC has received notice of termination. In the event there are any unused Anti -Drug Abuse Act Funds, the GUIDANCE CLINIC shall promptly refund those funds to the COUNTY or otherwise x SECTION 8. ACCESS TO FINANCIAL RECORDS The GUIDANCE CLINIC shall maintain appropriate financial records which shall be open to the public at reasonable times and under reasonable conditions for inspection and examination and which comply with the Agreement incorporated in Section 4 of this Agreement. SECTION 9. AUDIT The GUIDANCE CLINIC shall submit to the COUNTY an audit report covering the term of this Agreement, within one -hundred twenty (120) days following the Agreement's lapse or early termination and shall also comply with all provisions of the Agreement incorporated in Section 4 of this Agreement. SECTION 10. NOTICES Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: Dr. Mary Broske Director, Grants Management Public Service Building, Wing II 5100 College Road Stock Island, Florida 33040 4 FOR GUIDANCE CLINIC David Rice Chief Executive :RxxmEtmg Officer 3000 41st Street, Ocean Marathon, Florida 33050 � 'Elth'er of 'the parties may change, by written notice as x provided above, the addresses or persons for receipt of notices. SECTION 11. UNAVAILABILITY OF FUNDS If the COUNTY shall learn that funding from the Florida Department of Community Affairs cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the GUIDANCE CLINIC at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the GUIDANCE CLINIC after the GUIDANCE CLINIC has received notice of termination. SECTION 12. COMPLIANCE WITH LAWS AND REGULATIONS In providing all services pursuant to this Agreement, the GUIDANCE CLINIC ', shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitue a material breach of this Agreement immediately upon delivery of written notice of termination to the GUIDANCE CLINIC If the GUIDANCE CLINIC receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured the contract will automatically be terminated. 5 . .# SECTION 13. ASSIGNMENTS AND SUBCONTRACTING Neither party to this Agreement shall assign this Agreement or any interest tinder this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. SECTION 14. EMPLOYEE STATUS Persons employed by the GUIDANCE CLINIC in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNTY. SECTION 15. INDEMNIFICATION The GUIDANCE CLINIC agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the GUIDANCE CLINIC. SECTION 16. INSURANCE The GUIDANCE CLINIC shall comply with the Monroe County Risk Management Manual governing insurance requirements for contractors performing work for Monroe County, Florida, incorporated in Attachment A. SECTION 17. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid 0 only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have �cauted'their -names to -%be 'affixed ",hereto �'by the -proper `d1ficers thereof for the purposes herein expressed at e Monroe County, Florida, on the day and year firse written above. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK B p,C. C . DeputyCl-etk- LL BOARD OF COUNTY COMMISSIONERS OF MO COUNTY, FLORIDA By yor/unairman THE GUIDANCE CLINIC F THE MIDDLE KEYS, INC y B ie xecu ve icer APPROVED AS TO F "A D LEG SUFF! Attorn s FA 1J. , • t ► ,,. ATTACHMENT A April 22. 1993 loll 1,6161% MONROE COUNTY, FLORIDA INSURANCE GUIDE TO CONTRACT ADMINISTRATION General Insurance Requirements fo r Suppliers of Goods or Services As a pre -requisite ofthc work governed, or the goods supplied under this contract (including the pre -staging of personnel and material), the Vendor shall obtain, at his/her own cxpcnsc, insurance as spccificd in any attached schedules, which are made part of this contract. The Vendor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Vendor. As an alternative, the Vendor mny require all Subcontractors to obtain insurance consistent with the attached schedules. The Vendor will not be permitted to commence work governed by this contract (including pre - staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Vendor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Vendor's failure to provide satisfactory evidence. The Vendor shall maintain the required insurance throughout the entire terin of this contract and any extensions spccificd in the attached schedules. failure to comply with this provision may result in the immediate suspension of all work until the required insurance has bccn reinstated or replaced. Delays in the completion of work resulting from the failure of the Vendor to maintain the required insurance shall not extend deadlines spccificd in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, cxecpt for the Vendor's failure to maintain the required insurance. The Vendor shall provide, to the County, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they arc not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of -the Vendor's insurance shall not be construed as relieving the Vendor from any liability or obligation assumed under this contract or imposed by law. Admini*vllve k*n1dim #470.1 17 � 1 � April 22, 199.1 1st Prinling WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida and the company or companies must maintain a minimum rating of A -VI, as assigned by the A.M, Best Company. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. Administrative lrutrwinn WC 1 #4709.1 81 j. April 22, 199.1 Ist I4inling PROFESSIONAL, LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BE' I'WEEN MONROE COUNTY, FLORIDA AND GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. - Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $250,000 per Occurrence/$500,000 Aggregate Administrative IminKlion PRO I 94709.1 72 April 22. 1993 I sl I'riiii 61, VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: Owned, Non -Owned, and Ifired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administralivc Irwrtrclion V L l 1 #4709.1 75 April 22. 1993 I d Printing GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSI.) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend f'or a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Adminidrslive Iretrvclion GL I #4709.1 54 r State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance The Rhyne Building 2740 Centerview Drive Tallahassee, Florida 32399 Lawton Chiles Linda Loomis Shelley-; Governor Secretary SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: OCT 4 1593 Grant Period: From: 10/01/93 To: 09/30/94 Project Title: Life Center Alcohol/Drug Recovery Center Grant Number: 94-CJ-lZ-11-54-01-122 Federal Funds: $22,545.00 BGMTF Funds: State Agency Match: Local Agency Match: $7,515.00 Total Project Cost: $30,060.00 Program Area: 020 Award is hereby made in the amount and for the period shown above of a grant 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 standard 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. SUBGRANT AWARD CERTIFICATE (CONTINUED)• This grant shall become effective on the beginning date of the grant period, provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the department. I Auth6rized Official Clayton H. Wilder Community Program Administrator Bureau of Community Assistance /o Date [X]This award is subject to special and/or standard conditions (attached). BPSM Revised 7-1-79 State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance The Rhyne Building 2740 Centerview Drive Tallahassee, Florida 32399 SPECIAL CONDITIONS Grantee (Name of SPA): Bureau of Community Assistance Grant Number: 94-CJ-lZ-11-54-01-122 Grant Title: Life Center Alcohol/Drug Recovery Center In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Condition (s): SPECIAL CONDITION(S): 1. Prior to drawdown of federal funds for Contractual Services, the subgrantee must receive approval of the boilerplate contract between the Life Center Foundation, Incorporated and Monroe County from the Department of Community Affairs. GENERAL COMMENT(S): 1. Sole source approval has been granted by the Office of Justice Programs, Washington, D.C., for the contract between Monroe County and the Life Center Foundation, Incorporated. State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance The Rhyne Building 2740 Centerview Drive Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 94-CJ-12-11-54-01-122 in the amount of $22,545, for a project entitled: Life Center Alcohol/Drug Recovery Center for the period of 10/01/93 through 09/30/94, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of agreement and special conditions governing this subgrant. (Stature of Authorized Official)? Jack Landon - Mayor/Chairman (Typed Name and Title of Official) DCA-CJ Form 1 (June, 1985) Attest: Danny L. Kolhage By &,& 404 ZC. . �..4i Deputy Clerk, Date /I- 10. 13 November 10, 1993 (Date of Acceptance) JUN 4 4 1 19gB State of Florida' Department of Community Affairs BatOrManagement [Subivant A icionfoFed SafetyAnti-Drug Abuse Act Fund VLA. e:ontract Number* 94-CJ-1Z 11 54 01 122 UNIQUE ID NO. 92-060 PA 20 A. Names & Addresses 1. Continuation of Previous Subgrant? (Check One) Yes x _ N 2. Previous Subgrant, State Project ID Number (If Yes In 1. Above). 3. 4. Subgrant Recipient. Monroe County Board of Commissioners Chief Elected Offlcial: Jack London Title: Chairman Address: The Alamo Office Building Zip Code: 33042 Area Code And Telephone Number (305) 745-1554 Area Code And Fax Phone Number (305 )292 /4401 Chief Financial Officer. Chief Financial Officer: Danny Kolhage Title: Clerk, Monroe County Address: 500 Whitehead St Zip Code: Key West, FL Area Code And Telephone Number p (305 )294 / 4641 Area Code And Fax Phone Number (305 )296 / 1864 Summerland Key, FL S. Implementing Agency. (Governme%Agency Responsible for Project) • Chief Executive Officer: Thomas W. Brown Title: Address: County Administrator 5100 College Rd., S.I. Zip Code: •• Key West, FL Area Code and Telephone -Number (305 )292 /4741 Area Code and Fax Phone Number . 005 ) 292/ 4401 6. Project Director. (Employee of Governmental Implementing Agency) Name: Mary S. Broske Title: Grants Management Director 5100 West College Road, Stock Island, FL. Address: 33040 Zip Code: Area Code and Telephone Number e05 ) 292-f 4471 Area Code and Fax Phone Number f 05 ) 291 4515 B. Administrative Data 7. Project Title. S. For Period. Period Month Day Year Beginning 10 01 93 Ending 9 30 194 9. Is the Subgrantee or the Implementing Agency a Member of a Local Criminal Justice Advisory Council or Substance Abuse Policy Advisory Board, Coalition, or Council? (See the Program Announcement for a description of board responsibilities) (Check One) Yes X No C. Fiscal Data 10. (If other than a Chief Financial Officer) Remit Warrant to: Grants Management Department Monroe County 11. Vendor N (Enter Federal Employer Identification Number): 59-6000749 12. SAMAS # (Enter if you are a state agency): „ 13. ' Award. Budget Category Federal Match Total Salaries and Benefits Contractual Services 22,545 7,515 30,060 Expenses Operating Capital Outlay Data Processing Indirect Costs Totals 22,545 7,515 30,060 14. Will the Project Accrue Project Generated Income? (See Section H 14. for a definition of "Program Income”) (Check One) Yes X No 1 � 7 Ii. Program Data Problem Identification. In a maximum of two (2) typed paragraphs, briefly describe a specific problem to be addressed with subgrant funds. If you are seeking funds to continue existing project activities, describe any gaps between current and desired project results. Proposed Solution. In a maximum of two (2) typed pages, briefly describe how project activities will address the targeted problem. Describe who will do what, when, where and how. Start below and use continuation pages as necessary, .. - 1 . -! "M* •� There is a critical need in Monroe County for providing a structured living facility for those seeking recovery from alcohol or drug addiction who have entered the criminal justice system. Such a facility will serve as an alternative to incarceration for those persons who would be better served in a supportive short-term living environment rather that in a full-time detention situation, such as jail. It is believed that drug and alcohol -related offenders will regain their self-esteem and become productive contributors to the community, as well as reduce the likelihood of returning to substance abuse -related criminal activity, and thereby reducing their impact on incarceration systems, if a supportive environment is available in which to enter into recovery from substance. P rr-s-1 tTUIW3ss4m The Life Center Foundation is a non-profit corporation dedicated to the recovery of those addicted to drugs or alcohol. The Life Center's facility will provide a safe, substance -free, guilt -free family environment for those seeking recovery from substance abuse. The Life Center will receive referrals from Monroe County Pretrial Services (jail) and from judicial commitments. Upon referral by the Court or Pretrial Services, an intake evaluation is performed upon entry into the facility. Clients who exhibit a need for mental health counseling or have physical problems are referred to the appropriate agency; others who do not have severe mental or physical problems will be required to commit to a 90-to-180-day stay at the facility, during which time they will become socialized into the family atmosphere, and exit the facility as fully functional individuals. During their stay, clients are provided a clean bed and living space, as well as ones meal a day. During their stay, clients will be required to participate in the 1112 Steps of AA" program, and will be assigned to daily contact a "sponsor," who will also be on -call anytime day or night to assist in the recovery process. Clients will attend daily group meetings with others in recovery, as well as become an active participant in the "Family" by helping with chores, etc. In addition, clients will be transported to and from medical appointments of probationary hearings, as needed. occasionally, clients will -be given the opportunity to attend various cultural or entertainment -events, so that a more full socialization is realized. SEP-15-93 WED 07:38 GRANTS DEPARTMENT 3052924477 P. 03 FOR #94-Ca-1R-11-54-01-122 MONROE COUNTY - Life Center Foundation Project 4 Problem Solution (Revised) (Continued from the previous page in, the Application) Clients are required to spend a minimum of 21.5 hours each week undergoing counseling, in prescribed meetings, and in structured personal rehabilitation learning. The LIFE CENTER HANDBOOK describes the program and its requirements, and serves as a contract between the Life Center and each client. A copy of the Handbook is attached to this Revised Problem Solution. All clients are provided with a copy of the Life Center Handbook, which sets out the guidelines under which the Life Center operates. All clients are required to agree to the terms and conditions set forth in the Handbook, and to initial each section to indicate their agreement. The Client's counselor also initials each page of the agreement. The counselor keeps a detailed set of records on the progress of each client, and records and monitors his Progress through the Program. The counselor evaluates each client, and reports his progress to the Director weekly. The counselor ascertains the client's degree of success and progress through the Program's 12 weeks course of treatment. With respect to this Program, the Life Center Handbook prescribes the activities which support Program Objectives 20.3, 20.5 and 20.7. Objective 20.3: Provide Rehabilitative Services The Handbook, page One, addresses job rehabilitation services assistance provided by the Life Center: "Residents must seek and maintain 'healthy employment'. Life Center will strive to make 'clean' employment available through its various ventures and projects." (The term, "clean" refers to a drug- and alcohol -free environment). The entire Handbook addresses the development of living skills. Objective 20.5: Provide Short Term Supportive and Group Counseling The Handbook, page Two (Why Are We Here?) lists the required meetings and counseling sessions. Objective 20.7: Provide Daily Structured Activities The Handbook (Page One), Cardinal Rules Two and Three specify that daily attendance and participation in structured activities are required of clients. The Handbook, page Two (Why Are We Here?) elaborates on the daily structured activities required of the clients. OMEN LEJJER TO THE RESIDENTS OF LIFE CENTER Th3re is a principla wkick is a bar against - all information, whIck Is proof against all arguments and hick Ramat —fail ty keen man I rIagt i na i Wgrance — that par i c i p I Is Rn%gmat pr i Qr to, nverttigatlan."' Alcoholics Anonymous Paso 570 '.' There appears to be•some here that have yet to become "trilling to so to any-Jength" to obtain a better way of life. Clients of ;-L.Ife Center have as yet been able to experience the better way of I-Ife we are all entitled to. It Is my hope that you are "open" •: and hereto take advantage of the experience, strength and hope of tI,ose 'whoa have been .'there. •-. The goal of* Life Center is that you'develop habits•here that you•- w i I I take with you when you I eave • 1 n 12 short weeks: ' These • are the 'habits that You have to kelp, i f your I i fe Is tta • get better. ,. If you are not ready to try to be coon to the changes that hake o ht Made In v ug r 1 i fItLo I suggest that you find another .Place ..• where yaw can do things your way. There are 1613 hours In a week. Life Center requires that' y,ou= spend a minimum of 7 hours d week In AA/NA meet I ngs $ i of. these supporting Life Center's Friday night. meeting, 2 hours a week eating dinner here► 2 hours attending Wednesday night house meetings 7 hours listening to tapes, about 2 hours a week attending morning meditation and 1.5.hours attending.a•church o-f • your choice. I.f my math i s earrect that 15 21.5 hour` that- the Kduse requI res .you to spend "gett'ing wall•." Not nearly enoush: That leaves 146.5 hours for work and sleeping etc.. To miss even one of these hours is insulting to those here who are volunteering their time to try to help you. The 12 Steps are a spiritual program. One of- the few Places other than AA/NA that I am aware of that teach spiritually are the churches. We have to do a 160 deepen life-style change If we are to succeed in our efforts. We also have to change "playgrounds and playmates." Some of these playg-rounds are the churches of Key West and some of our new playmates will be found there. Stay after church and set to know these new playmates. Someday they might be the one that will save you from that relaspe. It would be my suggestion to thane "who 14ave a problem being a part of this house, that .thP�y.as soon as possible, make other arrangements and let someone who is' ready for what we offer have your bed. I went to stay at Life Center and I am willing to take advanase and be a part of the efforts being made in my behalf. CI ientsJ' Initlals ------------ _--------M.,,,.. Life•Center representativeos Initials--------- SEP-13-93 WED 07:44 GRANTS DEPARTMENT 3052924477 P.04 • LIFE CENTER HANDBOOK Our primary purPdse at Life Center's recgver.y hgmjss "Freedom Housmon is to .provide n clean and sober living environment for people suffering from alcohol and drug addiction. Among the many aspects of early recovery from the disease of addiction, ire are _-moo w itally I'eeortant concepts to which Life Center is committed. These are, The ne2d fgi_bFeg i n to ,lace Persona I respons I, I I ty fQr h i s Th,- unear•a I l e,l ed therapeut i c ya l ue�c . q 1 cahp l i cq a0d addicts wank I _vL _wJth an 9uppor_tin9 ea;h other_ in recovery•_ In order to provide and maintain-. a, healthy environment with these principles in mind, Life Center has fCaur cardinal ruless They are, in the' arder_..of Imp r ancg! 1. TOTAL ABSTENTION — Residents must abstain • from the use of alcohol and all mood altering drugs. Residents may not brine any of these substances onto the premises. 2. DAILY ATTENDANCE at Alcoholics Anonymous, Cocaine or Narcotics Anonymous meetings. 3. PARTICIPATION in moraine meditation, Supper blessings community projects$ fund raises and LLi house activities. 4. Residents' must seek and maintain "hea I thv" EMPLQYMENT _ Life Center will strIvs. to make ,,"clean" amp Ioyment available thrqu9h'.i1.s various ventures and projects. Clients'Initials --------------- Life Center representative's Initials __..----..,.y—_ 'Revised: Jana. %!, .2093 SEP_}8� 93 WED 07:47 GRANTS DEPARTMENT 3052924477 P.01 w. ..r•e1 1 WW 'V 1 f C n ter Handbook • is e Life Center is dedicated to helpine it• •residents incorporate these principles Into their lives. The uone.'on oneO of addicts helping addicts and group help that has been long estabiished as the key to the 012 Step Program of Recovery" can be found here and from the resident's sponsor a!t well aii through his part i c i pat1 on in his. own Individual 12 Step group and his program. Residents are required to Pay a minimum of $20.60 up to $50.00 per day based on their ability to pay and their fulfillment of the terms of this commitment . This is to cover part of their share of room and board expenlse. Paying more is encouraged and will allow. -additional help for more of those seeking It. Residents will be assisted If it is' necessarys In estabiishins a timely and sxpedient method of payments including an initial $140.00 deposit that is required. Until a resident Is current on his share of these ".expenses he might be asked to turn over the majority of his earnings- until caught up. The Okauseo cannot operate without money. We all suffer when one doesn't,pay his part. :Residents,, when requireds will be assisted In the preparing df resumes etc. needed in finding employment. .:A minimum 60 dhY commitment is required. In come cases mare t i me' w i 1 I' be requ i red'. After -the 60 d.ays s a minimum of two weeks notice will be required'prior to 'leaving.' Should a 'resident 090 auto or for any other reason be dismissed, he will be responsible for an additional two weeeks.exPenses ($490.00). In additions "going out" or being expe(,led wlII not relieve the client of the remainder of his f.1nan.ci.a( . 'commitment for the minimum 60 day stay. CURFEW Sunday through Thursday nights -- 10130 P.M. Friday and Saturday nights,— 11100 P.M. 5xceptions will be made for participation in appropriate events. Clients' Initials Life Center representative's initials Revised: June 17, 1993 SEP-15-93 WhM b c :'► r L.KFin I a Lcr-P1m 1 r1­n 5 --_-_ . . -_ Paso Three i ,'L•i fe Center Handbook GENERAL HOUSE RULES : �•� P. ' :.The uhauseu will not prepare breakfast or lunches. Any leftovers "pr6.Vl ou's• ­n I ght's supper, as we l I as other food Items, aUthorized by the house manager can be used by: the`c�lIent for these meals. Client's individual food items for these meals may be kept in the "cllent'su refrigerator. When meals are available at the c l ubkause or other 'l12 Step" funct l ons, they WI I I not be nerved at the "i,ouse". .There w I I I be no food. prepared on Sunday. ' AI.1 :res i dents wi i I be expected to • part i-c ipate. i n''the' genera I maintenance and care of the house. Chores will be assigned and.-... must be completed prior to going to work. Each- re.sldent-I.is • expected to provide his own sheets and- towels 'and keep- kit sleeping area neat and all personal items kept in.thalr assigned; place. Bunks are to be made each day and sheets and towels' washed weekly. In addition, each client will wash whatever dish towels, table cloths, etc.. that are dirty at that time. -AII clients are expected to bathe each day. VISITORS I. Residents will be expected to obtain a sponsor in AA, CA or NA within 15 days or a temporary one will be chosen for you. Sponsors are welcome and encourased to vi9it.-you - at. the " house. There will be no other visitors without prior approval. rts and shoes are to be worn In al public area$. QISMISS6L Any person who drihks, uses, or possesses alcohol or any mood-- 41ter ing'drugs on his person or on the premises automatically excludes themselves from this community at once. ' . IT IS THE RESPONSIBILITY OF EVERY RESIDENT TO ENFORCE THIS POLICY The following behaviors will also result In immediate dismissal from the house l Engaging in Acts -of violence or threats of violence.. —Theft of any kind. Willful destruction of property.• Failure to attend daily meetings, the required dinner meetings, group or.individual counseling. 5 „ Failure to report'anather resldent who Is drinking or using drugs. 6. Refusal to submit to a drug or alcohol test when required.' _7__ Other conduct or actions potentially detrimental to Life Center's Recovery Home, Its proeram.or i.ts other residents. Clients' Initials _______________ Life Center representative's Initials ___-__„ Revised: June 17, 1993 WHY -ARE Wt HERE? by 8111' I. `Dwr i ng sobriety it is neesssary -for us,' as we grow, to continue to examine where we are in our recovery, And where and what it is. '• .. we want to achieve i n our new wa.y of i i fe. _ oat Of us •l n-tha- ear l y--manths--know• mare -Of ••what- wE-don't-=want- to-- ----. return to, than what it is we want. Since 'in most cases we have never had successful and meaningful relationshipg'with"our peehsr famlly Or 'lovers we don't really know what we are missing or where to start in obtaining it. That's okay. None of,us that I know of, knew these things before starting this new way of Iife. We Only have to be "open" and teachable. In a lot of cases we are still not convinced that there are People in the "Program" that do care about us and love us and don't expect something materiel pr ego boosting. In return.' However, they don't always ike who we are in this early stage of our growth any more than we approve of the act ions of a I I those In the " Program" or here in the "kouse." This Is because' of where we sack are in our "growth" and how we are handling our own defects of character. Maybe we don't yet believe that our past lives were a problem except where our usln9 or drinking. was concerned. I know that was the case with me. For my first three years I didn't "work" t6Q.4Program" because I felt Ilk& everything bad that happened In my life was the result of my addiction and once I qult'I would no longer have those problems. pay was that ever, wrong[ In fact my life got worse. I didn't know how to dgal with others, although I thought I did', and I had a lot of guilt over my past, I didn't like me very much and I didn't know what honesty was. I tkougkt Jt had to do with stealing. 'At Life Center it Is hoped that you are ready "to en to any lenetk" to find this better way of lifer and get this "best of Iife" that we each deserve. You will find out from each other what Is meant by " you have to give It away to keep It" and "live ..and let live." You will learn of your powerlessness over others and that the only change we can mako is with ourselves and that •': only comes from within. You will learn acceptance as discussed an,page 449 of the 13i9 Sock'and•how "notking, absolutely nothing, kappena by.mistake in God's warid" and kow•that what happens kere Is -part of that truthr and a part of your growtk. ;.. A's you grow and mature you" w 1 i. 1. - become more' sons I t i ve to the. manageab,i'1 i ty and neatness of yowr -'surr6und i ngs, .thee needs of 'those , you are ' I i v I ng w•I th'. and athers. -at work and I n.. the community. As you work the "Steps" you w I I I see tke "promises" -described on pages 83 and 84 of the "Big Book".begin to Kapp@n and come true in your life. It Is as I write this that I realize why it is to important that`. we each leave our written goals and commitments and •kow quickly we can get away from these goals If we're not careful. C l i ents' i n i.t i e l s Life Center representative's Initials ........ Revised: .June 17A 1993." ''i'w.a . ' . .. --... , ..-- - , s.... - - • -:: .:. • �. - . 1. . WV*, WE AIDE HERE? 'i I•rialIze now that In order to meet our commitments and these, :t goals there have to be some del i n 1 to w*Aj_ for, those who choose to stay.here and be a part of the effect Life Center -can have on ve --- These MU5. are, 1) It Is •a uuSj_ that a meeting is attended each day. Making it up the next day Is not the same. If a day is missed however, At EW§t,., be made up the next day. that everyone have a sponsor within 15 days of ' arrivine hertz. This will be someone that we can cooperate with as we all do our part in helping each other work and understand the '•012 Steps of Recovery."' It. Is '•a mat that everyone belong to a group and participate 1n'tke service work of his group and support the -club where these meetings are held. This 0oes-•npLI-howeveri take priority over one's responsibility to the Ohouse.R '• ' 4� It Is . a sly.R .. that each one accept "being a part- of this fanilly'� and learn 'the responsibility that goes with doing his 'share here as we I as the work requI red startecommitments to madethe. • by O fe Center on his behalf to t rtgiving community that we have been taking from for so long. 5) It is a mW,st that priorities be maintained.* Oursabr i ety'' i a.' number one, the "house" Is number two- We are An recovery. ,t0 improve our quality of life. b)• It Is a Bus that the mandatory weekly dinner, meetings be attended. Only rare exceptions will be made. 7) 'House rules and curfews gust be compiled with. 8) Beina.considerate of Others; their feelings and efforts not only thoughtful # It 1 s. 0 MWV '9) When leaving the house eiways sign out;,. to The greatest freedom that sobriety provides is our freedom he choose. I would hope'that .all can grasp the way of life the working of the 012 ties swhat .Ri scovery-9 can bring being offered. Readchoose l i st I ca I l y t stay and participate I know that some must go so that others can come. I hope that each of you with the'help of your "Higher Powers" will make the choice that is right for you. Ci lontaJ Initials -------- Life Center representative's i n i t l a i s _.-_- �..___.. Revised: June 171 1993 SEP-�l;S-93 WED g7:50 GRANTS DEPARTMENT 3052924477 P.041 I LRreby acknowledge that i have read and I n 1 t i a l ed •each af. th@ j:;.�. .' edln9 pages d Jtb and understand the Life Ccentercommit Han bfp to ntotal., '• .•.. _.•. priec rules and the reason for them. m1MImum of, participation and devotion to Its. purpose for. . 7 ---------- days. r financial commitment I F�►aVe made ktowardge thethe expenses# for# the aperat i an of 'Freedom Hduae" for This is further,svidenced by A day commltment. If this my -----. _ ---- - f 1 oYer promissory Note dated -.- •---r_ cam, i tment becomes i n the drafts payable rs i to both rmyself and Life to make all Checks an,. ' Center. ,�, •. y one over ;Y further acknowledge the 699s�-1^.�I]3"r car s any and explained each paDe of this document# and thR prAmlBSDrY note • ms, I further understand that allso�°written. .and Its twr may have had either verbally previous agreements I •'----w --r --------wr--•.. r-r.rr.w-r- • Client/Resident ------------ ' Accepted � • par l,i f• Center Date -----,--- -""_-- Date---------- 0 r Cllants .lnitlals --•-------------- 41fe Center representative's initiate .-- --- RevisedI June 17#'1993 E. Program Objectivrs and Performance Measures )mplete uniform program objectives and performance measures (found in ApRendix for t lerally authorized program area you want to implement. Your application is not complete thou( them and an incomplete application will oot be considered for subgrant funding. Program Objective to an alternative system during the below and!!sr continuation pages as n 20.1: To provide short-term support grant period. 2 bed spaces to clients as facility by the criminal justice Program Objective 20.2: To provide intake and screening services (obtaining basic background information and problem determination) to 6.clients assigned to an alternative support facility by the criminal Justice system during the grant period. Program Objective 20.3: To provide rehabilitation services (educational and vocational training, job placement and living skills) to 6 clients assigned to an alternative support facility by the criminal justice system during the grant period. Program Objective 20.4: To provide tracking and reporting services to the sentencing authority of 6- clients assigned to an alternative support facility by the criminal justice system during the grant period. Program Objective 20.5: To provide short-term supportive and group counseling to '6 clients assigned to an alternative support by the criminal justice system duringthe facility grant period. Program Objective 20.6: To provide transportation services to and from medical appointments and probationary hearings to C*clients assigned to an alternative support facility by the criminal justice system during the grant period. Program Objective 20.7: To provide daily structured activities including educational and motivational therapyto to an alternative support facilityb the crinal clients assigned during the grant y justice system period. (Educational and motivational thera pea attempting to assist the drug abuser in accepting responsibility ymtons accept or continue in the program and to maintain a substance -free lifestyle.) 1 • Project Budget Schedule The Project Budget Schedule includes six Bud et ....Cat Services, Expenses, Operating Capital Outlay (OCO�� Da a pj Salaries and Benefits, Contractua and Total Project Costs. ocessing Services, Indirect Casts T, eor Pant Dollar Amounts Onl in A licable Cate o nes and Leave Orhen w,,..,. 4. G.. - Pfoject Budget Narrative You must describe tine items for each applicable Budget Category that you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. In addition, describe sources of matching funds. Start hekw and use continuation pages as necessary, LIFE CENTER FOUNDATION, INC. CONTRACTUAL SERVICES Two (2) beds x 365 days/year x $41.18 per client per day PERSONNEL SERVICES - Director 5,000 House Manager 11000 Maintenance Manager 11000 Clerical Assistant 4,500 Fringe Benefits(24%) 2,760 Subtotal 14,260 OPERATING EXPENSES Food 3,000 Hygiene 100 Public Transportation 500 Office Supplies 500 Household Supplies 500 Equipment Rental 500 Equipment Repair & Maintenance 300 Building Rental 5,200 Building Repair & Maintenance 500 Automobile Maintenance 500 Automobile Insurance 600 Licenses and Permits 100 Utilities 3,000 Miscellaneous Expenses 500 Subtotal 15,800 TOTAL CONTRACTUAL SERVICES 30,060 Matching Funds will be provided by the Monroe County Board of County Commissioners. A 'Acceptance and Agreement All persons involved in or having administrative responsibility for the subgrant must read these "Acceptance and Agreement" conditions. This "Acceptance and -Agreement" (Section H) must be returned as part of the completed application. Note Condition No. 13: Only project costs incurred on or after the effective date of this agreement and on or prior to the termination date of a recipient's project are eligible for reimbursement. Conditions of Agreement. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Non-compliance will result in project costs being disallowed. The term "department", unless otherwise stated, refers to the Department of Community Affairs. The term "bureau", unless otherwise stated, refers to_the Bureau of Public Safety Management. The term subgrant "recipient" refers to the governing body of a city or a county or an Indian Tribe which performs criminal justice functions as determined by The U.S. Secretary of the Interior, and includes an "implementing agency" which is a subordinate agency of a city, county or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). 1. Reports A. Project Performance Reports: The recipient shall submit department Quarterly Project Performance Reports to the bureau by February 1, May 1, August 1, and November I covering subgrant activities during the previous quarter. The recipient shall submit an Annual Project Performance Report, for each twelve (12) month period of project activities. This report shall be submitted to the bureau within thirty (30) days after the end of the original twelve (12) month period. The last quarterly report shall be submitted Kith the annual report. In addition, if the subgrant award period is extended beyond twelve (12) months, additional Quarterly Project Performance Reports shall be submitted as well as a Final Project Performance Report. The latter report shall cover the entire time frame of project activities and is due within thirty (30) days after the end of the extended period. B. Financial Reports: The recipient shall submit Monthly Financial Claim Reports [DCA-NA 3 (A-G. Revised January 1991)] to the bureau. A final Financial Claim Report and a Criminal Justice Contract (Financial) Close -Out Package shall be submitted to the bureau within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". Before the "final" claim will be processed, the recipient must submit to the department all outstanding project performance reports and must have satisfied any pending special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. The recipient shall submit department Quarterly Project Generated Income Reports to the bureau by February 1, May 1, August 1, and November I covering subgrant generated income and expenditures during the previous quarter. (See 14. Program Income). C. Other Reports: The recipient shall submit other reports as may be reasonably required by the bureau. All required reports, instructions, and forms shall be distributed with the subgrant award. 2. Fiscal Control and Fund Accounting Procedures The 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 the bureau. All expenditures and cost accounting of funds shall conform to Office of Justice Programs' . Financial and Administrative Guide for Grants (Guideline Manual 7100. ID, U.S. Department of Justice Common Rule for State and Local Governments), and in federal Office of Management and Budget's Circulars A-21, A-87, and A-110, in their entirety). All funds not spent according to this agreement shall be subject to repayment by the recipient. 3. Compliance with "Consultant's Competitive Negotiation Act" The recipient, when applicable, agrees to satisfy all requirements provided in Section 287.055, Florida Statutes, known as the "Consultant's Competitive Negotiation Act". 4. Approval of Consultant Contracts The department shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's compliance with requirements found in the Office of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100. ID, U.S. Department of Justice's Common Rule for State and Local Governments), and in applicable state statutes. The department's - approval of the recipient agreement does not constitute approval of consultant contracts. 1 5. Allowable Costs Allowance for costs incurred under the subgrant shall be determined according to "General Principles of Allowability and Standards for Selected Cost Items" set forth in the Office of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100.ID, U.S. Department of Justice's Common Rule for State And Local Governments) and federal Office of Management and Budget's (OMB) Circular No. A-87, "Cost Principles for State and Local Governments", or OMB's Circular No. A-21, "Cost Principles for Educational Institutions". All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. Department of Justice's Common Rule for State and Local Governments, or Attachment "O" of OMB's Circular No. A-110 and Florida Law to be eligible for reimbursement. 6. Travel 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. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 7. Written Approval of Changes in this Approved Agreement Recipients shall obtain approval from the department for major changes. These include, but are not limited to: A. Changes in project activities, designs or research plans set forth in this approved agreement; B. Budget deviations that do not meet the following criterion. That is, a recipient may transfer funds between budget categories as long as the total amount of transfer (increase or decrease) does not exceed ten (l 0) percent of the total approved budget category and the transfer is made to an approved budget line 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. D. Under no circumstances can transfers of funds increase the total budgeted award. Transfers do not allow for increasing the quantitative number of items documented in any approved budget line item. (For example, equipment.items in Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category.) • ♦. 8. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to available federal Anti -Drug Abuse Act funds. 9. Advance Funding Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 216.181(12)(B), Florida Statutes (1991); the Office of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100.ID, U.S. Department of Justice's Common Rule for State and Local Governments). Advance funding shall be provided to a recipient upon a written request to the department justifying the need for such funds. This request including the justification shall be enclosed with the subgrant application. 10. Commencement Of Project If a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the bureau indicating steps to initiate the project, reasons for delay and request an expected project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant award, . the recipient shall send another letter to the bureau, again explaining reasons for delay and request another revised project starting date. Upon receipt of the ninety (90) day letter, the department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and reobligate 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 (90) day period, but only by formal written amendment to this agreement. 11. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the 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. 12. Excusable Delays Except with respect to defaults of consultants, the 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 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 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 recipient. f • � If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of recipient and consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: A. Supplies or services to be furnished by the consultant were obtainable from other sources, B. The department ordered the recipient in writing to procure such supplies or services from other sources, and C. The recipient failed to reasonably comply with such order. Upon request of the 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. 13. Obligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for reimbursement. A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. 14. Program Income (also known as Project Generated Income) Program income means the gross income earned by the recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the Office of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100. ID, U.S. Department of Justice's Common Rule for State and Local Government. Reference: The Cash Management Improvement Act of 1990). 15. Performance Of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the 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 recipient of its decision thirty (30) dm,s in advance of the effective date of such sanction. The recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 16. Access To Records The Department of Community Affairs; the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; and, the Auditor General of the State of Florida, the U.S. Comptroller General -or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, implementing agency and contractors for the purpose of audit and examination according to the Office of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100. ID, U.S. Department of Justice's Common Rule for State and Local Government). The department reserves the right to unilaterally terminate this agreement if the 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 recipient or its contractor in conjunction with this agreement. 17. Audit A. The recipient shall provide to the department one copy of an annual audit conducted in compliance with The Single Audit Act of 1984, P.L. 98-502. The audit shall be performed in accordance with the federal Office of Management and Budget's Circular A-128 and other applicable federal law. The contract for this agreement shall be identified with the subject audit in The Schedule of Federal Financial Assistance. The contract shall be identified as federal funds passed - through the Florida Department of Community Affairs and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the recipient shall submit an annual financial audit which meets the requirements of Sections 11.45 and 216.349, Florida Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General. B. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than seven 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 recipient. C. The recipient shall have all audits completed by an independent public accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. D. The recipient shall take appropriate corrective action within six months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. E. The recipient shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the department. F. 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 close- out. G. The completed audit reports should be sent to the following address: Department of Community Affairs Office of Audit Services 2740 Centerview Drive The Rhyne Building Tallahassee Florida 32399-2100 18. Procedures for Claim Reimbursement All claims for reimbursement of recipient costs shall be submitted on DCA NA Form 3 (A-G, Revised 1991) prescribed and provided by the bureau. A recipient shall submit claims monthly in order to report current project costs. All claims requesting reimbursement for Operating Capital Outlay (OCO) items having a unit cost of $5,000 or more and a useful life of one (1) year or more shall be accompanied by a completed non -expendable property form signed by the recipient's property custodian. If local accounting procedures require OCO reporting at a lesser amount than $5,000, local requirements shall be adhered to. All claims for reimbursement shall be submitted in sufficient detail for proper pre -audit and post -audit. All bills for fees or other compensation for services or expenses shall be submitted in detail. sufficient for a proper pre -audit and post -audit thereof. 19. Retention of Records The 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. 20. 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 Office Of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100.1D, U.S. Department Of Justice's Common Rule for State and Local Government) or the federal Office of Management and Budget's Circular A-110, Attachment N, Paragraph Eight (8). 21. Property Accountability The recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or request department disposition. The 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 Office of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100. ID, U.S. Department of Justice's Common Rule for State and Local Government) or the federal Office of Management and Budget's Circular A-110, Attachment N. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 22. Disputes and Appeals 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 concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the department's decision. If the recipient appeals the department's decision, it shall be made in writing within twenty-one (21) calendar days to the secretary of the department, whose decision is final. If the recipient appeals the department's decision, it also shall be made in writing within twenty-one (21) calendar days to the department's clerk (agency clerk). The recipient's right to appeal the department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Chapters 28-5 and 9-5, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 23. 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 bureau, of the U.S. Department of Justice's Bureau of Justice Assistance or both have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 24. Publication or Printing of Reports A. Before publication or printing, a final draft of any report required under or pertaining to this agreement shall be sent to the bureau for its review and comment. B. Publications or printed reports covered under A. above shall include the following statements on the cover page: "This report was prepared for the Florida Department of Community Affairs, Linda Loomis Shelley, Secretary, in cooperation with the U.S. Department of Justice, Bureau of Justice Assistance." The next printed line shall identify the month and year the report was published. 2. "This program was supported by grant # awarded to the Department of Community Affairs, State of Florida, and by the Bureau of Justice Assistance (BJA), Office of Justice -Programs (OJP), U.S. Department of Justice. The BJA is a component of OJP which also includes the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime." 3. "Points of view, opinions, and conclusions expressed in this report are those of the recipient and do not necessarily represent the official position or policies of the State of Florida, Department of Community Affairs, the U.S. Department of Justice, Office of Justice Assistance, or any other agency of the state or federal government." 25. Equal Employment Opportunity (EEO) 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 Public Law 89-564, Non -Discrimination Requirements of the Anti -Drug Abuse Act of 1988; Title IV of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973 as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non -Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, and G. The recipient and a criminal justice agency that is 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 1968 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 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 CFR Section 42.207 Compliance Information). Any state agency, county or city receiving $500,000 or more in federal Anti -Drug Abuse Act funds shall submit their equal employment opportunity plan to the bureau. 26. Criminal Intelligence System The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that recipients of federal funds for the rilrci al ur ose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended (Pub. L. 90-351, as amended by Pub. L. 93-83, Pub. L. 93-415, Pub. L. 94-430, Pub. L. 94-503, Pub. L. 95- 115, and Pub. L. 96-157), use those funds in conformance with the privacy and . constitutional rights of individuals. Y. The 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 FY 1993 Formula Grant Program Guidance. 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 recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate by when they plan to ^ome into compliance. Federal law requires a subgrant funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The 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 recipient agreement does not constitute approval of the subgrant funded development or operation of a criminal intelligence system. 27. Non -Procurement, Debarment and Suspension The 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 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. 28. 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. 29. Federal Restrictions on Lobbying The recipient agrees to comply with Section 319 of Public Lax, 101-121 set forth in "Neu - Restrictions on Lobbying; Interim Final Rule, "published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $ 100,000 or more; or federal loan of $150,000 or more. 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, Tithe 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. The undersigned certifies, to the best of his or her knowledge and belief, that: A. 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. B. 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 Lobbying Activities, according to its instructions. C. 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 ceriify and disclose accordingly 30. State Restrictions on Lobbying In addition to the provisions contained in paragraph 29 of Section K Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 31. Statement of Federal Funding Percentage and Dollar Amount When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal funds, all grantees and recipients receiving these federal funds, including but not limited to state and local governments, shall clearly state: A. The percentage of the total cost of the program or project that shall be financed with federal funds, and B. The dollar amount of federal funds to be expended on the project or program. 32. Project Close -Out Project funds which have been properly obligated by the end of the subgrant funding period will have 90 days in which to be liquidated (expended). Any funds not liquidated at the end of the 90-day period will lapse and revert to the department. A subgrant funded project will not be closed out until the recipient has satisfied all close-out requirements in one final subgrant close-out package. EEO Certification Letter - Subgrant Recipient Mr. John A. Lenaerts, Chief Bureau of Public Safety Management Department of Community Affairs ' 2740 Centerview Drive Tallahassee, Florida 32399-2100 RE; Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Mr. Lenaerts: 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 ... Initial one of the following: The subgrant recipient does meet Act criteria. xxxx The subgrant recipient does not meet Act criteria. I affirm that I have read the Act criteria set forth in the Subgrrant Instructions. I understand that if the subgrant recipient meets these criteria, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient... Initial one of the following: Has a current EEO Program Plan. xxxxx Does not have a current EEO Program Plan. I further affirm that if the recipient ineets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. LReqSuirsgnature f authorized official: - By: -- Th rown Title: County Administrator Date: (o L / r-> I 37 EEO Certification Letter - Implementing Agency Mr. John A. L.enaerts, Chief Bureau of Public Safety Management Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 RE: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Criminal Justice Agency Dear Mr. L.enaerts: I, the undersigned authorized official, certify that according to Section 501 of the Omnihus Crime Control mid Safe Streets Act of 1968 as amended, that ... Initial one of the following: The criminal justice agency does meet Act criteria. Xxxx The criminal justice agency does not meet Act criteria. I affirm that I have read the Act criteria set forth in Subgrant Instructions. I understand that if the implementing agency meets these criteria, it must participate in the subgrant recipient's EEO Program or formulate, implement and maintain its own written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the implementing agency... Initial one of the following: Has a current EEO Program Plan. xxxxx Does not have a current EEO Program Plaii I further affirm that if the implementing agency meets the Act criteria and does not participate in the subgrant recipient's EEO Program or does not have its own written EEO Program, federal law requires it to participate in such a program or formulate, implement, and maintain its own program within 120 days after a subgrant application is approved or face loss of federal funds. Requires signature of authorized official: By: p Mary Broske Title: Director, Grants Management Department, Monroe County Date: 6/11/93 P. 39 =; i C tJNTY o MON ROE f KEY WEST FLORIDA 33040 (305)294-4641 Thomas W. Brown \ County Administrator Monroe County Public Service Building Wing II, Stock Island Key West, FL 33040 (305) 292-4741 June 9, 1993 Mr. John A. Lenaerts, Chief Bureau of Public Safety Management Division of Emergency Management' Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 r- BOARD OF COUNTY COMMISSIONERS MAYOR, Jack London, District 2 Mayor Pro Tem, A Earl Cheal, District 4 Wilhelmina Harvey, District 1 Shirley Freeman, District 3 `l . Mary Kay Reich, District 5 Re: Monroe County FY 193 Drug Control and System Improvement Formula Block Grant Program Dear Mr. Lenaerts: May this letter serve as authorization for Director, Grants Management Department, to Administrator of the Implementing Agency, be accepted as such. Sincerely, ST W. �Brown County Administrator TWB/msb Mary S. Broske, be recognized as the and that her signature #-a " W %* LA °` Signature Page In witness whereof, the parties affirm they each have read and agree to conditions set forth to this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the day, month and year set out below. Corrections including strikeovers, whiteouts, etc, on this page are not acceptable. Sws or Fbridm Department of Community Affairs Bureau of Public Safety Management le: Clayton H. Wilder, Community Program Administrator 1a" ` -V Sub ant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Thom Brown le: County Administrator te: (e i 1`a I '� 3 Implementing Agency Official, Administrator or Designated Representative Mary S . "Broske Director, Grants Management Department, Monroe County bIIDIR'