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94-CJ-1Z-11-54-01-123BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 mannp 1. lotbasc CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 MF'M 0 RAHRUM 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 9.t DATE: November 29, 1993 On November 10, 1993, the Board approved the following: Adoption of Resolution 457-1993, authorizing the execution of the Department of Community Affairs FY 94 Anti -Drug Abuse Grant Agreement for the Monroe County Sheriff's Department Drug Abuse Resistance Education Program. Adoption of Resolution 458-1993, authorizing the execution of the / Department of Community Affairs FY 94 Anti -Drug Abuse Grant v Agreement for Program Administration. Adoption of Resolution 459-1993, authorizing the execution of the Department of Community Affairs FY 94 Anti -Drug Abuse Grant Agreement for the Key West Police Department Drug Abuse Resistance Education Program. Adoption of Resolution No. 460-1993, authorizing the execution of the Department of Community Affairs FY 94 Anti -Drug Abuse Grant Agreement for the Monroe County Pre-trial Service's Drug Diversion and Treatment Program. ` Adoption of Resolution No. 473-1993, authorizing the execution of the Department of Community Affairs FY94 Anti -Drug Abuse Grant Agreement for the Life Center Foundation Alcohol Drug Recovery Lawton Chiles Governor 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: f.j,Y U�, 0 4 1993 Grant Period: From: .10/01/93 To: 09/30/94 Project Title: Anti -Drug Abuse Program Administration Grant Number: 94-CJ-iZ-11-54-01-123 Federal Funds: $7,129.00 BGMTF Funds: State Agency Match: Local Agency Match: $2,376.33 Total Project Cost: $9,505.33 Program Area: ADM Linda Loomis Shelley Secretary 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. Auth rized Official Clayton H. Wilder Community Program Administrator Bureau of Community Assistance /0- 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 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 94-CJ-iZ-11-54-01-123 in the amount of $7,129, for a project entitled: Anti -Drug Abuse Program Administration 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. ture of Authorized Official) Jack London - Mayor/Chaiman (Typed Name and Title of Official) DCA-CJ Form 1 (June, 1985) Attest: Danny L. Kolhage By C . �. Deputy C r November 10, 1993 (Date of Acceptance) 14 19V CE State of Florida Department of Community At1'airs Bureau Of Public Safety Management Subgrant Application for Federal Anti -Drug Abuse Act Funds DCA Contract Number: 94-CJ-1Z-11-54-01-123 UNIQUE ID NO. 90-077 PA ADM A. Names & Addresses 1. Continuation of Previous Subgrant? (Check One) Yes X No 2. Previous Subgrant, State Project ID Number (If Yes In 1. Above). 3. -- Subgrant Recipient. Monroe County Board of Commissioners Chief Elected Official:" Jack London Title: Chairman, Monroe County Board of Commissioners Address: The Alamo Office Building Summerland Key, FL Zip Code: 33042 Area Code And Telephone Number (305) 745/1554 Area Code And Fax Phone Number (305) 291 4401 4. Chief Financial Officer. Chief Financial Officer. Danny Kolhage Title: Clerk, Monroe County Address: 500 Whitehead St. Zip Code: Key West, FL 33040 Area Code And Telephone Number (305 )294 / 4641 Area Code And Fax Phone Number (305 ) 2961 1864 S. Implementing Agency. (Government Agency Responsible for Project) Chief Executive Officer: Thomas W. Brown Title: County Administrator Address: 5100 College Rd . , S . I . Key West, FL Zip Code: 33040 Area Code and Telephone -Number Q05 ) 292 /4741 Area Code and Fax Phone Number 005 ) 292/ 4401 Y r 6. Project Director. (Employee of Governmental Implementing Agency) Name: Mary S. Broske Title: Director, Grants Management Department Address: 5100 College Rd., S.I. Zip Code: Key West, FL 33040 Area Code and Telephone Number ( 305) 292' 4471 Area Code and Fax Phone Number 605 )292/ 4401 B. Administrative Data ol 7. Project Title. o©©©�a000�oo©©©�0000vo©����■ 8. For Period. Period 8. For Period. Period Month Day Year Beginning 10 01 1993 Ending 9 30 1994 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 descriptiod of board responsibilities) (Check One) Yes No C. Fiscal Data 10. (If other than it Chief Financial Officer) Remit Warrant to: Grants Management Department Monroe County 11. Vendor N (Enter Federal Employer Identification Number): 59-60000749 12. SAMAS N (Enter if you area state agency): or 13. Award. Budget Category Federal Match Total Salaries and Benefits 5,924 1974.75 7,898.75 Contractual Services Expenses 1205 4u1.58 1,606.58 Operating Capital outlay Data Processing Indirect Costs Totals 7,129 2376.33 9,505.33 14. Will the Project Accrue Project Generated Income' (See Section H 14. for a definition of "Program Income") (Check One) Yes No x D. Program Data roblem Identification. In a maximum of two (2) typed paragraphs, briefly describe a speci roblem to be addressed with subgrant funds. If you are seeking funds to continue existing roject 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. below and use continuation pages as On March 28, 1990, the Monroe County Board of Commissioners designated an Office of Substance Abuse. The following month a Substance Abuse Policy Advisory Board was appointed. The requested subgrant funds would provide financial support for the operating costs of the Office of Substance Abuse and the Substance Abuse Policy Advisory Board, as well as overseeing the administration of grant funds and program implementation. The Office of Substance Abuse will provide clerical support to both the Substance Abuse Policy Advisory Board and the implementing agencies of the proposed grant programs.. These expenses would include postage, communications, printing, advertisement and office supplies. Part of the salary of one support staff person would also be provided. Program Administration The Monroe County -Board of Commissioners (MCBOCC) appointed the Substance Abuse Advisory Board (SAPAB) to function in an advisory and investigative manner to the MCBOCC. By defining the nature and the extent of the county drug problem, identifying current programs that address the problems and recognizing the additional resources needed to comprehensively address substance abuse, the SAPAB periodically reports to the MCBOCC in order to develop a countywide drug control strategy plan. Over the past two years the SAPAB, composed of representatives from various units of government and community agencies, has met to discuss the drug control efforts in existence throughout the county. During the course of the board's first year, status reports were presented by the officers trained in the SRO/DARE Program, representatives of the Residential/Work Release Program, and the project director of the Monroe County Pretrial Substance Abuse Program. In the second year, the SAPAB conducted a "Needs Assessment Survey." The survey was distributed to the SAPAB members, local agencies, and community organizations associated with drug -related issues. Following a discussion at a SAPAB meeting, the results of the survey showed that programs which addressed education and prevention of alcohol and drug abuse ranked highest on the list, along with agencies that provided outpatient treatment services. Upon notification of the availability of FY92/93 grant funds, the SAPAB published notice in local papers and sent letters to the survey respondents inviting interested parties to submit proposals. The notice advised that the SAPAB would focus on those programs that provided .education and prevention of alcohol and drug abuse, specifically cocaine, and to those programs that provided outpatient services. The board met and reviewed the proposals submitted, negotiated the fair distribution of funds, and recommended those agencies for funding before the Monroe County Board of Commissioners. The MCBOCC accepted their recommendations and submitted those proposals to the DCA FY93 Anti -Drug Abuse grant program. By the end of this year, 1992, a procedure is to be established by the Monroe County Board of Commissioners which will designate the SAPAB as the coordinating agency to review and recommend agencies for funding through the, Monroe County's Clerks Drug Abuse Trust Fund. Pursuant to Florida Statutes, Section 893.165(1) and Section 893.165(5), this fund has been established and, as overseer of this fund, the MCBOCC is responsible for its implementation, administration, supervision, and evaluation. The SAPAB will review requests filed by county drug abuse treatment/education programs and will recoinmerd to the MCBOCC those agencies that qualify for assistance grants provided by the Clerk's Drug Abuse Trust Fund. MONROE COUNTY Personnel for Project Administration MAJOR FUNCTION SENIOR OFFICE ASSISTANT Series #208 Progressively responsible and advanced clerical work requiring a high degree of clerical skills and some independent actions. work is performed under the general supervision of the Director, Grants Management Department. ILLUSTRATIVE DUTIES (NOTE: These are intended only as illustrations of the various types of work performed. The omission of specific duties does not exclude them from the position if the work is similar, related, or a logical assignment to the position.) Performs specialized and technical clerical and records keeping duties with �a minimum of supervision. Enters data in computer systems via video terminal. Maintains and processes difficult statistical and specialized records relating to the operation of the Department. Maintains records requiring specialized and advanced knowledge of the activities and responsibilities of the Department. Types technical materials requiring specialized knowledge of the operations of the Department. 'Prepare grants -related agenda items for the Monroe County Board of County Commissioners meetings. 1. Searches files and maintains a variety of source materials to assemble background for grant applications --and departmental reports. Receives and refers telephone calls and contacts from citizens and from County personnel requesting specialized information and assistance from department. Provides secretarial support for the Department Director. Receives and logs in mail and messages for the Department. Keeps appointment calendar for the Department Director. Types letters, memoranda, reports from copy or from a transcriber. Performs other related duties at the direction of the Director .of the Grants Management Department. KNOWLEDGE, ABILITIES AND SKILLS Knowledge of professional office and business procedures and practices. Knowledge of business English, spelling, and arithmetic, including elementary statistics (percentages, averages). Knowledge of the overall functions, responsibilities and services rendered by the Department. Ability to understand and follow oral and written instructions. Ability to learn and perform assigned duties readily and adhere to prescribed routines. Ability to establish and maintain effective working relationships with other County employees, and with the citizens of Monroe County. Ability to maintain complex statistical records and to prepare periodic -reports from such records. Ability to plan, organize and supervise the work of clerical and other subordinates. Ability to provide information correctly and concisely orally and in writing. Ability to meet deadlines, prioritize tasks, and work with several projects simultaneously. Possess a working knowledge of word processing and electronic spreadsheets. MINIMUM QUALIFICATIONS Must have graduated from high school or possess a-GED, and have had at least two (2) years of experience as an Office Assistant II or equivalent general clerical experience. Must possess a valid Florida drivers license. APPROVED: y-b-q3 Date APR 0 7 1993 Date Da t �' " E. Program Objectives and Performance Measures Zomplete uniform program objectives and performance measures (found in Appendix XVl for the rederally authorized program area you want to implement. Your application is not complete ovithout them and an incomplete application will not be considered for subgrant funding. Start below and use continuation pales as necessary. Program Objective An24 l.. To conduct 6 Substance Abuse Policy Advisory BoArd Meetings during the grant period. Program Objective ADM 3: TO conduct b monitoring/coo reviews during the granteperiodating Program Objective ADri 4 To submit monthly financial claim reports to the BPSIi and insure are submitted at the requiredrtimeeports eriods. Program Objective ADM 5s To provide administrative support to the SAPAB by scheduling meetings and act as liaison between therd Board and County Officials. F. Project Budget Schedule The Project Budget Schedule includes six Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO),.Data Processing Services, Indirect Costs) and Total Project Costs. T p e or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And Benefits 5,924 1,974.75 7,898.75 Contractual Services Expenses 1,205 401.58 1,606.58 Operating Capital Outlay Data Processing Indirect Costs Totals 7,129 2376.33 9,505.33 FOR #94-CJ-1R-11-54-01-123 MONROE COUNTY MONROE COUNTY Budget for Anti Drug Abuse Program Administration Personnel (Staff Assistant) Salary $5,965.82 FICA (7.65t) 456.39 Retirement (17.75t) 1,058.93 Worker's Comp. M) 417.61 Total Personnel $7,898.75 Expenses Postage $ 70.00 Communications 200.00 Printing 300.00 Advertisement 500.00 Office Supplies 536.58 Total Expenses $1,606.58 TOTAL BUDGET $9,505.33 H. Acceptance and Agreement All persons involved in or having adnunistrative responsibility for the subgrant must read thes "Acceptance and Agreement" conditions. This "Acceptance and Agreement" (Section H) roust 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", unfess 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 l 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 with 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 1 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 7100.1D, U.S. Department of Justice Common Rule for State and Local Governments), and in federal Office of Management and Budget's irculars 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 7100.1D, 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. 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 (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.) 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, %yhere 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. 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 pan. In such event, the department shall notify the recipient of its decision thirty- (30) 4-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. ofFederal 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-I10, 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 7100.1D, 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. 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) calendai 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 parry 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 repor"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: l . "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 neat 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 S500,000 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 principal r 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. r, •� 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 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 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 S 100,000 or more; or federal loan of S150,000 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, Title 31. United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than S 10,000 and not more than S 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 partwith 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. I 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 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: Has a current EEO Program Plan. XRXXX 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 program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. ttBrown; ofhorized official: BY: Title: Cgunty Administrator Date: W it010[ 3 37 EEO Certification Letter - Implementing Agency 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 -- Cnminal 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 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 cement EEO Program Plan. yyX Does not have a current EEO Program -Piaui 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 applicatipn is approved or face loss of federal funds. Requires signature of authorized official: By: fw� t Mary SQ Broske Title: Director, Grants Management Department, Monroe County' Date: 6/11/93 39 .�_`.. k6d BOARD OF COUNTY COMMISSIONERS _ MAYOR, Jack London, District 2 OUNTY o M O NR0E fMayor Pro Tem, A Earl Cheal, Distri t 4 Wilhelmina Harvey, District t KEY WEST FLORIDA 33040 Shirley Freeman, District 3 (�)294-464t Mary Kay Reich, District 5 Thomas W. Brown i 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 Re: Monroe County FY 193 Drug Control and System Improvement Formula Block Grant Program Dear Mr. Lenaerts: May this letter serve as authorization for Mary S. Broske, Director, Grants Management Department, to be recognized as the Administrator of the Implementing Agency, and that her signature be accepted as such. 01 Tomas W. Brown County Administrator TWB/msb GRANTS MANAGEMENT RESOLUTION NO. 222 - 1993 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE DEPARTMENT OF COMMUNITY AFFAIRS FY 93/94 ANTIDRUG ABUSE GRANT PROGRAM WHEREAS, the Department of Community Affairs (DCA) has announced the FY93/94 funding cycle of the Anti -Drug Abuse Act Formula Grant Program; and WHEREAS, on April 14,.1993, the Monroe County Board of County Commissioners signed a Certificate of Participation and agreed to act as the coordinating unit of government for tht ',2 _purpose of preparing Monroe County application(s) fa grantwfun9; requests to DCA; and WHEREAS, the Substance Abuse Policy Advisory Board, with consideration given to the County's current drug coiArol activities, has recommended five agencies that provide the T" community with programs focused on drug and alcohol l3ducatilbn, prevention, rehabilitation, and treatment; now therefore, BE IT aESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 1. The Board of County Commissioners amends the Substance Abuse Policy Advisory Board's recommendations, and thereby approves funding for the programs provided by the following agencies: Monroe County Office of Substance Abuse, Key Nest Police Department, Monroe County Sheriffs Department, Life Center Foundation, and Pretrial Services; and that 2. The Board authorizes the County Administrator with signature authority on the"Department of Community Affairs Anti - Drug Abuse Grant applications; 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 Monroe County, Florida, on the 2 6 th dad► of May, APPROV[D AS T F.'1R1N AN LEGAL SUFF/ Y. ey i Gya 3 Date by the Board of County Commissioners of at a regular meeting of said Board held A.D. 1993. Mayor London yes Mayor ProTem Cheal yes Commissioner Harvey yes Commissioner Freeman yes Commissioner Reich yes tsealDA?TW L. BOLHAGE, Clerk BOARD06ftY COMISSIONERS Tj C. . OF MON 0 CO A�"'- Qa► BY: Clerk ' I. , Signature Page n 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 day, month and year set out below. Corrections including strikeovers, whiteouts, etc, on this page are not acceptable Suu of Florida Department of Community Affairs Bureau of Public Safety Management By: Title: Clayton H. Wilder, Community Program Administrator Date: N— V - 93 Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Y: Thomas W. Brown itle: County Administrator ►ate: Co I e b m 3 Implementing Agency Official, Administrator or Designated Representative Y: Mary S. Broske itle: Director, Grants Management Department, Monroe County late: ("�'` 1-t>I�t3