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FY1996 12/20/1995ANTI -DRUG ABUSE ACT FUNDS AGREEMENT THIS AGREEMENT is made and entered this 20th day of December , 1995 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, FL 33040, hereinafter referred to as "COUNTY," and the GUIDANCE CLINIC OF THE MIDDLE KEYS, INC., whose address is 30(p 41st Strut, Ocean, Marathon, FL 33050, hereinafter referred to as "GUIDANCE CLINIC". `-� o WITNESSETH < ^ -0 0 o WHEREAS, the Department of Community Affairs has awarded a subgrant of Anti --rug Abuse Act Funds to the County for a Keys to Recovery Program, providing alternatives to incarceration and recovery therapy for non -dangerous criminal offenders; and WHEREAS, the COUNTY is in need of an implementing agency to provide rehabilitative services and residential facilities under this Program; and WHEREAS, the GUIDANCE CLINIC is the sole provider of this social model program; and WHEREAS, the COUNTY has agreed to disperse the Anti -Drug Abuse Act Funds to the GUIDANCE CLINIC in 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 and the GUIDANCE CLINIC agree as follows: Section 1. TERM - The term of this Agreement is from 10 / 0 1 , 199 5 , through 9/30 199 h , 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 COUNTY'S Keys to Recovery Subgrant Award, 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 fif ter -one) $45 , 351 (Forty-five thousand three hundr d The total sum represents federal support and no local matching funds. 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 those certain documents entitled "State of Florida Department of Community Affairs, Division of Housing and Community Development, Bureau of Community Assistance Subgrant Award Certificate and Application" therefor and all laws, rules and regulations relating thereto are incorporated by reference. Section 5. IMPLEMENTING AGENCY BOND - The GUIDANCE CLINIC is an implementing agency under the COUNTY'S Keys to Recovery Program, and 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 b. BILLING AND PAYMENT (a) The GUIDANCE CLINIC shall render to the 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: Ms. Deanna Lloyd Grants Management Public Service Building, Wing II 5100 College Road Stock Island, FL 33040 (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by GUIDANCE CLINIC. Section 7. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by the GUIDANCE iA: 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 use such funds as the COUNTY directs. 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: Ms. Deanna Lloyd Grants Management Public Service Building, Wing II 5100 College Road, Stock Island Key West, Florida 33040 FOR GUIDANCE CLINIC: Dr. David Rice Chief Executive Officer 3000 41 st Street, Ocean Marathon, Florida 33050 Either of the parties may change, by written notice as 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 3 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 provision of, such services, including those now in effect and hereafter adopted, and particularly Article I, Section 3 of the Constitution of the State of Florida and Article I of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the 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. Section 13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 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 4 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 only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by/ghee/ proper officers thereof for the purposes herein expressed at M A I� � e/7�"� I , Monroe County, Florida, on the day and year first written above. (SEAL) ATTEST: By: ao-4. C . amu Deputy Clerk Witness as/contracts/guidl BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: S" Mayor/ airman THE GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. Chief Executive'/Officer 5 PUBLIC ENTITY CRIME FORM - STATEMENT f Any person submitting a bid or proposal in response to this invitation must execute the enclosed Form PUR 7068, SWORN STATEMENT UNDER SECTION 287.133(3) (A), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his bid or proposal on behalf of dealers or suppliers who will ship commodities and received payment from the resulting contract, it is your responsibility to see that copy(s) of the form are executed by them and are included with your bid or proposal. Corrections to the form will not be allowed after the bid or proposal opening time and date. Failure to complete this fopm in every detail and submit it with your bid or proposal will result in immediate disqualification of your bid or proposal. SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE } 614LJ L e-, 'b-F warrants that he/it has not employed, retained or otherwise had act-onh 4/its behalf .any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the county may, 1n its discretion, terminate this contract without liability and may also, • in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, - gift, or consideration paid to the former Coun officer or employee. (s nature) Date: I.I- "'; fi - 11 '5' - STATE OF ZA d-. _ COUNTY OF rn o 11he-cam Subscribed and sworn to (or affirmed) before me on C� P-9 l 9 95 ( date) by —Do V,d. `p. -Ice _(name of affiant) . He/She is personally known to me or has produce as identification. ( type of identification) E RY 6� IAL NOTARY SEAL x DEBRA L DUBOIS * COMMISSION NUMBER Q C C417387 p� MY COMMISSION EXP. F F�, DEC. 2 1998 MCP#4 REV. 2/92 April 22. 1993 Isl Printing WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND 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 Instruction WC 1 1 94709.1 R April 22. 1993 1st Printing GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND 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 (CSL) 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 aller the effective date of this contract. In addition, the period for which claims may be reported should extend for 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. Administrative Imtruclion GL I N4709.1 54 April 22. 1993 1st Printing PROFESSIONAL, LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND 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 Untnx1ion PRO I 1 94709.1 72 April 22, 1993 NA lYirding VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND 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 I fired 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. Administrative lasinrction VL I WWI 75 a State of Florida Department of CommunityAffairs uivision of Housing and Community Development Bureau of community Assistance The Rhyne Building 2740 centerview Drive Tallahassee, Florida 32399 The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 96-CJ-3S-11-54-41-089 in the amount of $45,351, for a project entitled: Keys to Recovery for the period of 10/01/95 through 09/30/96, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' condi -io s of agreement an special conditions governing this subgrant. BOARD OF COUNTY C014MISSIONERS OF MONROE COUNTY, FLORIDA rK By F 49.^ + May / Chairman: - DCA-CJ Form 1 (June, 19e5) (SEAL) ATTEST: DANNY L KOUHAGE. q.ERK By Laa-k C. DEPUTY CLERK (Date of Acceptance) 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 -SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: 11/3/95 Grant Period: From: 10/01/95 To: 09/30/96 Project Title: Keys to Recovery Grant Number: 96-CJ-3S-11-54-01-089 Federal Funds: $45,351.00 BGMTF Funds: State Agency Match: Local Agency Match: $15,117.00 Total Project Cost: $60,468.00 Program Area: 20A 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, t the above mentioned subgrantee and subject to any attached standard or specia conditions. This award is subject to all applicable rules, regulations, and conditions a: contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100.11), 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 provided that within 30 days from the Certificate of Acceptance of Subgrant the beginning date of the grant period, date of award, a properly executed Award is returned to the department. NO Autho4ized Official Clayton H. Wilder Community Program Administrator Bureau of Community Assistance lt-'Z _qs Date [XIThis 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: 96-CJ-3S-11-54-01-089 Grant Title: Keys to Recovery In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Condition (s): SPECIAL CONDITION W : Prior to drawdown of federal funds, a copy of the proposed professional services contract between Monroe County and the Guidance Clinic of the Middle Keys must be submitted to the Department of Community Affairs for approval. Control and System Improvement Formula Grant Pro (Edward Byrne Memorial State and Local Assistance Program) DCA Contract Number• q6 e"T- 3 S - //-5y a/- O 8 q --J A. Names & Addresses Uljlo u eJ ZD 9a -060 F,4 a0h 1. Continuation of Previous - ubgrant? (Check One) Yes No_-X- 2. Previous Subgrant, State Project ID Number (If Yes in 1. above). 3. Subgrant Recipient. Name of Chief Elected Official: Shirlev Freeman . Title: Mavor Address: 310 Fleming St. , Key West, FL Zip Code: 33040 Area Code and Telephone Number: (305 )292 - 3430 SUNCOM Number: Area Code and Fax Phone Number: (305 p92 - 3577 4. Chief Financial Officer. Name of Chief Financial Officer: Dannv Kolhage Tgonroe County Title: Clerk of Court, Address: 500 Whitehead St., Key West, FL Zip Code: 33-040 Area Code and Telephone Number: (305 )292 -3550 SUNCOM Number: Area Code and Fax Phone Number: (3 05 t9 2 '95 3 0 5. Implementing Agency. (Government Agency Responsible for Project) Name of Chief Executive Official: ,Tames L . Roberts ator Tide: Monroe County Adr.-mist I-Test, Address: 51A0 College Road, Kev �?est, FL Zip Code: 33050 - 4441 Area Code and Telephone Number: (305)292 SUNCOM Number. Area Code and Fax Phone Number: (305 )292 - 4544 6. Project Director. (Employee of Governmental Implementing Agency) Name of Project Director: Deanna S . Lloyd Title: Grants Manager Address: 5100 College Road, Key West, FL Zip Code: 33040 Area Code and Telephone Number: ( 305) 292 _ 4474 SUNCOM Number: Area Code and Fax Phone Number: (305) 292 - 4477 Application Subgrant AppLictuton Package Section H - 1 Drug Control and System Improvement Formula Grant program (Edward Byrne Memorial State and Local Assistance Program) B. Administrative Data 7. Project Title (Not to exceed 84 characters, including spaces). 8. For Period. Period Month Day Year Beginning October 1 1995 Ending Septenber 30 1996 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 the Chief Financial Officer) Remit Warrant to: MomOe Camty Grants Deparunent, 5100 College Road, S.I., Key West, EL 33040 11. Vendor # (Enter Federal Employer Identification Number of Subgrantee): 59-6000749 12. SAMAS # (Enter if you are a state agency): 13. Will the Project earn Project Generated Income (PGI)? (Check one.) Yes X No (See Section H., Paragraph 14 for a definition of PGI.) 14. Will the applicant be requesting an advance of federal funds? (Check one.) Yes No X If Yes, a letter of request must be attached. Subgrant Application Package Section It - 2 Application Drug Control and System Improvement Formula Grant Program (Edward Byrne Memorial State and Local Assistance Program) D. Program Data Problem Identification. Briefly describe a specific problem to be addressed with subgrant funds. If you are seeking funds to continue existing project activities, your problem statement must also provide a short summary of your current program and describe any gaps between current and desired project results. Program Description. Briefly describe how project activities will address the targeted problem. Describe who will do what, when, where and how. SEE PAGE 2 OF INSTRUCTIONS ON ITEMS TO INCLUDE. Start below and use continuation pages as necessary. Problem Identification The Guidance Center of the Middle Keys maintains an important and effective program titled "Keys to Recovery" at our --remote- residential site in Marathon. This operation provides "alternative to incarceration" residential facilities and recovery therapy for non -dangerous criminal justice offenders from wide areas of Monroe County. Our facility needs funding in order to close the gap between our current incom`e level and our projected expenses for the 1995-96 year. In -short, we have funds in the amount from HRS and the State Department of Corrections., Our projected budget for this period stands` at $244,239 to continue our operation. If we are to continue our current level of service, we must secure an additional $45,M1. We seek this funding for the period -of October .1; 1995 through September 31, 1996. Our problem arises because of the special nature of our operation. We maintain a facility and programs that require -round-the-clock staffing (our personnel budget of $136,673 reflects this high cost), we provide .meals for our program participants, and we provide a high level of therapeutic service (see program description below)... .This problem is magnified becausel while we are serving as an alternative to incarceration, our funding.frpm the.Department of. Corrections for this service is less than our actual cost.. In short, our problem shortfall occurs because we are delivering a first-class program without sufficient financial support.: Our current program is an outgrowth and expansion of a program that was partially funded by the Drug Control and System Improvement Formula Grant Progrem=from 12/16/93 through 9/30/94. This earlier funding came to our overall program as we assisted the Department of Corrections. by offering the "Keys To Recovery" program to offenders at a time when there was an unexpected need for this service. To - most this need,"We'. we. converted a : portion (two beds) of . our twelve bed facility from a traditional residential substance abuse/rehabilitation center into an altemative to incarceration facility. From December of 1994 to the present time, all of our clients have been offenders selected for our service by the criminal justice system. Because of the great need for this alternative, we plan to continue in this fashion in coming years as funding permits. With the limited data generated from our.first criminal justice clients, we perceive that our program is functioning successfully. We have hosted 14 clients since December of 1994; 12 of them are currently nearing completion of their programs at our site. Two clients dropped out of our program. Subgrant Application Package Section 11- 3 Application D. Program Data: Continuation page 1 Program Description The "Keys to Recovery" program is more than an alternative site for incarceration. is a complete program designed to provide non -dangerous criminals (most are convicted of all cohol or drug -abuse related crimes) with a structured lifestyle, immersive therapy through group meetings and counseling, and re-entry into the non -criminal world through employment. Each participant, upon recommendation by his parole officer and judge, spends six months in the "Keys to Recovery" program (special- circumstances may shorten this to five months). The client spends the first two months in the Intensive Treatment Component of the program. During this period he meets with other clients and a facilitator for five group meetings per day and attends an outside session of NA or AA as appropriate on a daily basis. Each client has access to personal counseling (one hour per week is mandatory). If the client participates successfully for this Intensive Treatment Component, he becomes eligible for the second phase of treatment. The Employment Re-entry Component places the client in a job outside the facility. Many restrictions apply -- the client must work within a close geographical area, and must report back to the facility each evening for nightl%t group meetings, AA or NA meetings, and additional counseling. All clients at all times must refrain from any drug or alcohol use; weekly tests monitor compliance with this policy. Organizing Structure The overall management of the "Keys to Recovery" Program issues from the Guidance Center for the Middle Keys, a non-profit mental health care delivery service located in Marathon, Florida. The GCMK has been in operation for 26 years, and provides service in such areas as: • Alcohol and chemical detoxification programs; • Short- and long-term crisis stabilization programs; • A wide range of in -patient and out -patient services for clients; • Aids and STD education and testing programs; • Many other programs that provide necessary mental health resources for the Middle Keys community. The "Keys to Recovery" program is just one of the necessary and innovative programs that flow from the management of the Guidance Clinic of the Middle Keys. Numbers and types of personnel The "Keys to Recoveryprogram is staffed by a Project Coordinator (charged with in-house management and all day-to-day decisions), a Technician Supervisor and four Technicians. The Project Director is a Licensed Clinical S`)cial Worker, with certifications in Behavior Analysisnot Alcohol/Drug counseling. All of the other five staff members have one or more years counseling experience or formal education specifically in alcohol and drug counseling. All of the staff have had experience in the 12-step approach to recovery. Equipment and Facilities Used The facility for the "Keys to Recovery" program is the entire upper flobr of a converted office building. The remodeled building has four bedrooms for clients, a fully -functional kitchen (clients do all of the cooking), three bathrooms, one large room with seating for 20 people, and offices for staff. All parts of the facility meet HRS regulations. Outside, clients have space for exercise D. Program Data: Continuation page 2 with access to basketball, volleyball, badminton, horse shoes, limited space for baseball and football, and opportunities for unlimited fishing. Location of primary activities and target population All of the Intensive Treatment Component (the first two months) occur at the treatment facility, located at 1669 Overseas Highway Oceanside, Marathon, Florida, 33050. This site is 23 blocks from the GCMK headquarters. During the second phase (Employmenx Re-entry Component), clients travel to work. Some go as far as Key Largo, others travel to Key West; the majority find employment in the local Marathon area. Types of operations or services delivered The "Keys to Recoveryprogram delivers the following operations and services: • Provides alternative to incarceration housing for clients, • Provides all meals for clients, • Provides a high level of structure for recovering clients, per client • Provides more than eight hours of group activity and/or therapy per day for those in the Intensive Treatment Component phase, per client Provides more than three hours of group activity and/or therapy per day p • for those in the Employment Re-entry Component, • Provides weekly drug and alcohol screening tests for clients, • Provides HIV and STD screening and counseling (at client's option), • Provides contacts for err.-3loyment, • Provides weekly field trip activities for clients, • Provides transportation (by van or by bicycle) for clients as necessary, • Provides a non -threatening safe environment for personal growth and recovery, • Provides an important service for the criminal justice system as an alternative route to rehabilitation for non -dangerous drug and alcohol abusers. Frequency of operations or services delivered The facility operates on a round-the-clock basis, seven days per week, fifty two weeks per year. Capacity at present is 12 clients. During the course of a year, under optimal conditions (all offenders completing the 6-month program), the "Keys to Recovery" program may serve 24 clients. In actual fact, more than this may 90 f non-crough the ompliance Department of Corrections ; some clients may f nish early and others may be dropped from the program nonP) an e Regulations. In these- cases, additional clients are immediately added. Implementation time frames of major activities The overall program runs on a continual basis; when one client leaves, another immediately fills his position. Because of this, time frames for major activities varies for each client. As noted, they first have a two -month Intensive Treatment Component followed by a four -month Employment Re-entry Component. The timing of these major activities depends upon date of admission. ti 1 E X X X � � Ix X X c_ M y.�+ '►� J X X X w O > '� .7 � X X X •� c > X X tip-o c � •3 � O Q A. CC X X X y y cz o 'ow wE c a Vq04 LT. W cq X IX X X o cm `g z W ` y U Er O O. E•" W ii. 3 4 W C� X X X y .p >rA O 1 Con h G. E o, U C U w di C r 0 r.r c E G41Otj G CL c v C E. Program Objectives and Performance Measures, Revised Program Objective 20.1: To Provide 12 bed spaces to clients assigned to an alternative short-term support facility by the criminal justice system during the grant period. Program Objective 20.2 To provide 24 offenders with intake and screening services during the grant period. Program Objective 20.3 period. To provide 24 offenders with rehabilitative services during the grant p Program Objective 20.4 To track 24 offenders participating in the program during the grant period. Program Objective 20.5 su ortive counsel - To provide 24 offenders with short-term individual and group pp ing during the grant period. Program Objective 20.6 rant period. To provide 24 offenders with ancillary services during the g p Program Objective 20.7 To provide 24 offenders with daily structured activities with daily structured during the grant period. Program Objective 20.8 t To provide alternatives to incarceration results for 24 offenders during the g rr j';' period. Performance Measure an By keeping all of the beds full, 24 offenders will have chosen this program as alternative to incarceration. o:\ \grants\Keysrev5.216 F. Project Budget Narrative, Revised Number of Beds 12 .dumber of Bed Days 4380 Cost Per Bed Day $ 55.76 Total Operating Cost $ 244,239 Other Funding Sources $ 168,152 Total Projected Shortfall $ <76,087> Grant Request $ 45,351 Local Match $ 15,117 The -"Keys to Recovery" program has many expenses related to direct care and support. Among items subsumed in this category include salaries ($136,673 per year), building occupancy ($ per year), linen service ($1,050 per year), travel ($750 per year), food for clients ($21,600 per year), medical and pharmacy supplies ($8,650 per year), insurance ($1,300 per year), general operating expenses and supplies ($61650 per year) and ancillary services required by the program including HIV -STD testing and counseling, program and administration structure, miscellaneous office processing costs and general overhead (these combined items total $38,501). Total expenses to run the program come to $244,239. The local match. is provided by State of Florida Department of Health and Rehabilitative Services Substance Abuse General Reve- nues which were allocated specifically for this program. The program offers a six month structured, live-in therapeutic environment. It consists of twelve (12) beds for a total of 4,380 bed days per year. The grant request is for $45,435 will pay for $10.37 of the $55.76 cost of each bed day. Drug Control and System Iniprovement Formula Grant Program (Edward Byrne Memorial State and ,focal Assistance Program) G. Project Budget Schedule The Project Budget Schedule includes six Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Data Processing Services, and Indirect Costs) and Total Project Costs. Total Local Match must be a niinJmum of 25 /o of the Total Budget. Type or Print DollarAmounts Only in Applicable Categories and Leave Others Blank Budget Category Federal Match Total Salaries And Beneftis Contractual Services $45, 351 $15,117 $60, 648 Expenses Operating CaplUd Outlay Data Processing Indirect Costs Totals $45, 351 $15,117 $60,648 APPlicotion SNbc At Appbeation Package Section 11 - 7 Drug Control and System Improvement Formula Grant Program (Edward Byrne Memorial State and Local Assistance Program) H. 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 cpmpleted 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 approv-1 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 Community Assistance. 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 1 covering subgrant activities during the previous quarter. The recipient shall submit an Annual Project Performance Report, for the "original" project period. This report shall be submitted to the bureau within thirty (30 ) days after the end of the original project period. The "original" project period is generally for twelve (12) months. The last quarterly report shall be submitted with the annual report. In addition, if the subgrant award period is extended beyond the "original" project period, 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-CJ Form-3(A-G) Revised 11101193] to the bureau. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package (Revised 1211 S/94) shall be submitted to the bureau within forty-five (45) days ofthe subgrant termination period. Such claim shall be distinctly identified as "final". Subgrant Application Package Section II - 8 .-application _ Drug Control and System Improvement Formula Grant Program (Edward Byrne Memorial State and Local Assistance Program) Before the "final" claim will be processed, the recipient must submit to the department all outstanding project performance reports and must have satisfied all 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 (Revised 12130.,93) to the,bureau by February 1, May 1, August 1, and November 1 covering subgrant project generated income and expenditures during the previous quarter. (See Paragraph 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 prc`ect 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 7100.1D, 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. Subgra,tt Appbcation Package Section II - 9 Application Formula Grant Pro Control and System L (Edward Byrne Memorial State 5. Allowable Costs Local Assistance Program) 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-I10 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 the 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 (10) 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.) subgrant Application Package Section II -10 application Drug Control and System Improvement Formula Grant Program (Edward Byrne Memorial State and Local Assistance Program) 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. Subgrant Application Package Section H- 11 Application Drug Control and System Improvement Formula Grant Program (Edward Byrne Memorial State and Local Assistance Program) 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 7100.1D, 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) days 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 Subgrant Application Package Section H - 12 Application Drug Control and System I (Edward Byrne Memorial nt Formula Grant Pro, and Local Assistance Program) 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 (7) 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. ntant C. The recipients a either Certified Puve all audits blic Accountant an or a Licentensed Public ublic uAccounnttant. The IPA shall be e D. The 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 recipient shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five (5) 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 closeout. ' Subgrant.-application Package Section H- 13 .application Drug Control and System Improvement Formula Grant Pro rg am (Edward Byrne Memorial State and Local Assistance Program) 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-CJ Form 3(A-G) Revised 11101193, 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) ye-rs 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.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-] 10, 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 Subgrant.-lpplicaiion Package Section II - 14 Application Dru, Control and System (Edward Byrne Memorial State Formula Grant Pro Local Assistance Program) agreement according to federal property management standards set forth in 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-I10, 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 a�m t constitutes a waive off prorida ceedings tive undero�haptelr 120, appeal within this time 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: 1. "This report was prepared for the Florida Department of Community Affairs, Linda SecretShelley, S ary, 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." Subgrant.9pplication Package Section 1I -1 S Application Drug Control and System Improvement Formula Grant Program (Edward Byrne Memorial State and Local Assistance Program) . 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 Programs, 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, F, G and H. 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, and/or the most recent update, with their application, for submittal to the U.S. Department of Justice, Bureau of Justice Assistance for approval. 26. Americans with Disabilities Act 1990 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 11), public accommodations (Title III), and. telecommunications (Title IV). 27. 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 rinci al OiWose 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. Subgrant Application Package Section II -16 Application Drug Control and System Improvement Formula Grant Pro (Edward Byrne Memorial State and Local Assistance Program) 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 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 when they plan to come into compliance. Federal law requires a subgrant funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The 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. 28. 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. 29. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay urider this agreement is contingent upon an annual appropriation by the Florida Legislature. 30. Federal Restrictions on Lobbying The recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restrictions on Lobbying, Interim Final Rule, " published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certi ar;nn 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 this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. penalty of not less than $10 000 and not ore than erson who fails to file the required certification oraeach failure to file ect to a civil pe y , Subgrant .-lpplication Package Section I! -1 5 placation _ Drug Control and System Improvement Formula Grant Program (E&Pard Byrne Memorial State and Local Assistance Program) 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 certify and disclose accordingly. 31. State Restrictions on Lobbying In addition to the provisions contained in Paragraph 30 of Section H, Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 32. 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. 33. Project Closeout 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 closeout requirements in one final subgrant closeout package. 34. Background Check It is strongly recommended that all programs targeting juveniles, implemented by other than a sworn law enforcement officer or program licensed by the Department of Health and Rehabilitative Services, conduct background checks on all personnel providing direct services. Subgrant AppLication Package Section 11-18 Application OMB/GRANTS MANAGEMENT '95 MAY 2 E 9.ION NO . 16 2 - 1995 A RESOLUTION OF THE BOARD OF CO ONSSIONERS OF A GRANT' APPLIOE COUNTY TO FLORIDA, AUTHORIZING THE SUBMISSI THE FLORID , EPARTMENT'OF COMMUNITY AFFAIRS FY95/96 ANTI -DRUG ABUSE PROG WHEREAS, the Department of Community Affairs (DCA) hasAct announced the FY95/96 funding cycle of the Anti -Drug Formula Grant Program; and WHEREAS, on April 19, 1995, the Monroe County Board of Commissioners agreed to serve as the coordinating u nit of government in the development of the grant proposals the and a n the of distribution of funds allocated to Monroe county $204,210 with a 25% cash match requirement; and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug Contrl efforts, has recommended for funding four programs sathat provide the community with activities focused on drug and education, prevention, rehabilitation, and treatment; now therefore, " BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy ofvisory the Key WestBoard'sPolicemendation Department�s submit applications on behalf DARE Program, the Monroe County Sheriff's Department's DARE PretrialService Program, the 16th Judicial Circuit'sKesGuidance Diversion and Treatment Program, and the MiddleaKey Clinic's Keys to Recovery Program; and.that 2. The County Administrator is hereby authorized to submit an application for grant funds to the Department of Community Affairs' Anti -Drug Abuse Grant Program; and that 3. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County ou tysCommissioners of aid Board held on the County, Florida, at a regular meeting 16th day of May, A.D. 1995. Mayor Freeman yes Mayor ProTem London yes Commissioner Harvey yes (Seal) Attest: DAMY L . NOLHAGE , CUTX g C. Deputy er Commissioner Douglass yes Commissioner Reich y_ e OF By: SSIONERS M E M O R A N D U M TO: Danny L. Kolhage Clerk of the Circuit Courts FROM: James L. Roberts County Administrator SUBJECT: Absence of County Administrator DATE: August 11, 1995 I will be.out of town from 6:00 am Sunday, August 13, 1995 thru Tuesday, September 5, 1995 at 12:00 noon. During t is time, Peter Horton has full authority to act on my in- cluding behalf approval of all fiscal documents. Very ugly yours, James L. Roberts County Administrator JLR:1is cc: Mayor Freeman All Commissioners Jim Hendrick Division Directors 0 Control and System I Formula Grant Program (Edward Byrne Memorial State and Local Assistance Program) EEO Certification Letter - Subgrant Recipient Mr. John A. Lenaerts, Chief Bureau of Community Assistance 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): Subgrant recipient ,Does meet Act criteria. Does not meet Act criteria. I affirm that I have read the Act criteria set forth in the Subgrant 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: Y Has a current EEO Program Plan. Does not have a current EEO Program Plan. I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a progrnt 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Requires signature of authorized official: Type Name/rand Title%La By. . Roberts , Monroe Countv Administrator Date: June 5 1995 Subgrant Application Package Appendix V - 2 EEO Cerriftcation Letters PP Drug Control and S ?stem Improvement Formula Grant Program (Edward Byrne Memorial State and Local Assistance Program) EEO Certification Le-tter - Implementing Agency Mr. John A. Lenaerts, Chief Bureau of Community Assistance Department of Community Affairs 2740 Center -view Drive Tallahassee, Florida 32399-2100 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Criminal Justice Agency 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:) Criminal Justice Agency: X Does meet Act criteria. Does not meet Act criteria. I affirm that I have read the Act criteria set forty in S, bbgrant 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:) _�LHas a current EEO Program Plan. Does not have a current EEO Program Plan. 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 dcnys after a subgrant application is approved or face loss of federal funds. Requires signature of authorized official: Typeiamr�nd Title: Date: 8/22/95 Appendix V- 3 EEO Certification Letters Subgrant.gppGcation Package • PP 7rovement Formula Grant Pro Control and System L (Edward Byrne Memorial State and I. Signature Page Assistance Program) In witness whereof, the parties affirm they each have read and agree to 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 including strikeovers, whiteouts, etc-, on this page are not acceptable slats of Florida Department of Community Affairs Bureau of Community Assistance Type Name and Title: Clayton H. Wilder, Community Program Administrator Date: " 2' q!; Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mavor, or Designated Representative) Type Name and Title: James L. Roberts Monroe County dm;ni stratnr Date: August 7, 1995 FEID Number: 59 6000749 Implementing Agency Official, Administrator or Designated Representative Type Name and Title: Deanna S. Llovd, Grants Manager Date: August 7, 1995 Subgrant Application Package Section 11 - 19 1 Application