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95-CJ-1Z-11-54-01-161BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 Oannp 1. A01b,111c CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 TO: Division of Management Services c/o County Administrator FROM: Isabel C. DeSantis, Deputy C4r�,Pv DATE: November 1, 1994 BRANCH OFFICE SO= OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 As you know, on October 20, 1994, the Board adopted Resolution No. 317-1994 authorizing the execution of a Grant Agreement with the Department of Community Affairs to provide funding for three anti -drug abuse programs in Monroe County. Enclosed are duplicate originals of the subject documents along with the Resolution for return to DCA. cc: County Attorney Finance Risk Management, /File W/o document a Division or housing and Community ev?lopment Bureau of Community Assistance The Rhyne Building 2740 Centerview Drive Tallahassee, Florida 32399 Lawton Chiles Linda Loomis Shelley Governor Secretary SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: SEP 2 9 1994 Z Grant Period: From: 10/01/94 To: 09/30/95 -- z a Project Title: i - Grant Number: 95-CJ-1Z-11-54-01-161 -� Federal Funds: $76,166.00 X�- BGMTF Funds: State Agency Match: Local Agency Match: $25,389.00 Total Project Cost: $101,555.00 Program Area: 001 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. }4 Authorized Official Clayton H. Wilder Community Program Administrator Bureau of Community Assistance Date [X]This award is subject to special and/or standard conditions (attached). BPSM Revised 7-1-79 State of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance The Rhyne Building 2740 Centerview Drive Tallahassee, Florida 32399 SPECIAL CONDITIONS Grantee (Name of SPA): Bureau of Community Assistance Grant Number: 95-CJ-lZ-11-54-01-161 Grant Title: Monroe County Middle School Anti - Drug Abuse School Resource Officer In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Condition (s): SPECIAL CONDITION(S): Prior to drawdown of federal funds for Contractual Services, sole source approval must be granted by the Office of Justice Programs, Washington, D.C., for the contract with the Guidance Clinic of the Middle Keys, Incorporated. Prior to drawdown of federal funds for Contractual Services, the proposed professional services contract between Monroe County and the Guidance Clinic of the Middle Keys, Incorporated, must be approved by the Department of Community Affairs. 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 95-CJ-lZ-11-54-01-161 in the amount of $76,166, for a project entitled: Monroe County Middle School Anti - Drug Abuse School Resource Officer for the period of 10/01/94 through 09/30/95, 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. (Signature of Authorized Official) A. EARL CHEAL - MAYOR PRO TEM (Typed Name and Title of Official) DCA-CJ Form 1 (June, 1985) APPROVED Al TO FOP, l AND October 20, 1994 (Date of Acceptance) ATTEST: aAMY L. KOIIIAGE, CLERK ,,,�W Ar&W"A/ State of Florida Department of Community Affairs Bureau of Communi Assistance Subgrant Application for Federal �nti-Drug Abuse Act Funds DCA Contract Number: 95-CJ-1Z-11-54-01-161 Unique ID 93-161 PA 01 A. Names &Addresses 1. Continuation of Previous Subgrant' (Check One) Yes No 2. Previous Subgrant, State Project ID Number (If Yes In 1. Above). 3. Subgrant Recipient. JUN 1 0 1994 COMMUNITY Fed CRIMINAI .111STI%E '. i Chief Elected Official: Jack London Title: Mayor Address: Alamo Building, Suite B, Route 2, Box 674b, Summerland Key, FL Zip Code: 33042 Area Code And Telephone Number (305 ) 292 - 4512 SUNCOM Number 292 _ 4512 Area Code And Fax Phone Number ( 305) 745 - 1554 4. Chief Financial Officer. Chief Financial Officer: Danny Kolhage Title: Clerk of the Court Address: 500 Whitehead Street, Key West, FL Zip Code: 33040 Area Code And Telephone Number (305 ) 292 : 3550 SUNCOM Number 4 9 4 - 3550 Area Code And Fax Phone Number (305 ) 292r9530 5. Implementing Agency. (Government Agency Responsible for Project) Chief Executive Officer: Rick Roth Title: Sheriff Address: 530 Whitehead Street, Key West, FL Zip Code: 33040 Area Code And Telephone Number (305) 296 - 2424 SUNCOM Number 464 - 7000 Area Code And Fax Phone Number (305 ) 292 - 7070 6. Project Director. (Employee of Governmental Implementing Agency) Name: Sgt. Lee Ann Dalton Title: SRO Supervisor Address: 530 Whitehead Street Zip Code: 33040 Area Code And Telephone Number (305 ) 292 _7116 SUNCOM Number _ Area Code And Fax Phone Number (305 ) 292 _7070 B. Administrative Data 7. Project Title (Not to exceed 84 characters, including spaces). Monroe County Middle School Anil -Drug Abuse School Resoure Officer 8. For Period. Period . Be 'nning Mon h. 10 Da -:'Ending:.:.::JU 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: Monroe Co. Department, 5100'College Rd., S.I., Key West, FL 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)? (See Section H., Paragraph 14 for a definition of PGL) (Check one.) Yes No X 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. Grants ' /t,1 '• !. D. Program Data One of the ways in which the Monroe County Sheriff's Office 'contiriues`to address the drug problem is through demand reduction . - -- ed}ica,tion._ _. 'his- s.,achieved .by the SRO/DARE...Program which as been in:=eki-stence for five years at the elementary .school level li ra I, The current:program > has addressed.•the issues. - of ;exiting., elementar school students throughout the:. county: ;The proposed:,;,,, y program�wou'ld provide continuity and reinforcem�Oviding the htheore drug issues taught at the elementary level by providing middle:school- DARE curriculum -and additional contact :with SRO/DARE officers The drug problem in Monroe County is not isolated in any:particular articular area or .centered" in an .:age' or,_ethnic rou This is demonstrated by the numerous law.enfor••cement gP.• ._...... operations undertaken by the Sheriff's Office which show from all all walks of life. The 1993 Florida Department of Law Enforcement (FDLE) crime statistics show that juvenile crime the ,000 continues to be a serious problem in uvenilestatedrug•ar�estsver9accounted ,juveniles were arrested in 1993. J .... _ _ .. - .... for.5685 of that total. Over 51,000 of the arrests rand e forsex. violent- of�fenses', including murder, robbery, g Y. :. offenses.- -.Particularly alarming . is . the fact, that, whileet e. uvenioverall crime rate was down in Florida in 1993:,.j actually increased by .07 percent. officersndocumented three Monroe County cdrug scases during 1993, School Resource Off (two for marijuana possession and one for smoking crack cocaine)at,one particular school. There were also two handguns taken into to custody along with many other lesser weapons confiscated. From 5-1-92 through 4-30-94 there have•.been 138 juveniles arrested on drug charges. Since 1989, the number of juveniles arrested for serious or index crimes has increased 21.5%. On an average, a juvenile was arrested every other day for murder in Florida during 1991. FD E Com issihatonereff es Tneed . clear Moore states "It's become abundantly to focus on our youth to stop this crime bandwagon that apparently has become a way of life for many of our youngsters.-" has Historically, the Monroe County Juvenile ithtsubstancemabusehad few alternatives for juveniles involved w related crime. E. Program Objectives and Performance Measures DARE Instruction for Middle Schools: Program Objective 1.13: To provide DARE instruction in 3 middle schools Program Objective 1.14: To provide DARE instruction in 22 middle school classes Program Objective 1.15: To provide 220 hours of DARE instruction to middle school classes. Program Objective 1.16: To provide DARE instruction to 990' ! middle school students who completed the course of instruction. DARE Instruction for High Schools: Program Objective 1.17: To provide DARE instruction in high schools Program Objective 1.18: To provide DARE instruction in high school classes Program Objective 1.19: To provide hours of DARE instruction to high school classes. Program Objective 1.20: To provide DARE instruction to high school students who completed the course of instruction. Program Area 2 Multi -Jurisdictional Task Forces Following are uniform program objectives for funding federally authorized program area two (2) projects, that is, multi jurisdictional task forces targeting drug crimes. These projects may include a component targeting domestic sources of drugs including marijuana crop eradication. A multi jurisdictional task force is a standing drug law enforcement unit comprised of personnel from two or more law enforcement agencies that conduct operations under a unified command structure. Task force policies should be determined and reviewed by a Task Force Policy Review Board. Chief Executive Officers from the respective law enforcement agencies. shouldbe board members. Membership should be extended to the local State Attorney or his/her representative. The Task Force Commanding Officer should be appointed by and answer to the. Board. Multi jurisdictional task forces that comply with the above criteria are exempt from the forty eight (48) month limitation on federal subgrant funding. Program Objective 2.1: To conduct drug -related investigations during the grant period. Program Objective 2.2: To conduct multi jurisdictional drug -related investigations (involving agencies in addition to project -funded agencies) during the grant period. Program Objective 2.3: To arrest offenders on drug charges during the grant period. Program Objective 2.4: To seize weapons through drug -related investigations during the grant period. 31 1 ADEPT PROGRAM OBJECTIVES: Objective #1: To continue the established substance abuse/HIV education program at Marathon High School. Performance Measure: Document procedures per guidelines of the subcontractor. Objective #2: To present ADEPT educational program to a minimum of 60k of the students in grades nine through 12 at Marathon High School. Performance Measure: Document demographic information and class attendance. Objective #3: To establish pre -training knowledge of drug, alcohol, HIV information. Performance Measure: Administration of pre -training knowledge test. Objective #4: To objectively quantify learning generated by participation in ADEPT. Performance Measure: Comparison of pre and post knowledge test scores. Objective #5: To refer students identified as "high risk" for substance abuse to participate in additional group experience and/or treatment as appropriate. Performance Measure: Document the number of students referred. f I i Objective #6: To refer students who request HIV testing to the Guidance Clinic of the Middle Keys HIV testing/counseling program. Performance Measure: Document the number of students referred to the program. Objective #7: To establish community education programs to heighten public awareness of alcohol/drug/HIV education. Performance Measure: Document implementation procedures and public attendance. F. Project Budget Narrative anding Provide suffic'ie describe sources of m EE PAGE 6 OF 1NSTR SALARIES AND BENEFITS nds: fS FOR DETAILS. Salaries S. Wisnioski $ 29,360.00 T. Jensen 19,762.00 Total Salaries $ 49,122.00 Benefits 4%COLA 1,964.00 Retirement 14,245.00 FICA 3,981.00 Incentive 1,117.00 Prof. Insurance 881.00 $ 22,188.00 Total Benefits SALARIES AND BENEFITS $ 71,310.00 CONTRACTUAL SERVICES Guidance Clinic of the Middle Keys Salary 23,000.00 FICA 1,760.00 Retirement 1,380.00 Insurance 1,639.00 Subtotal $ 27,779.00 Expenses Student Books & 300.00 Pamphlets Movies 1,250.00 Subtotal CONTRACTUAL SERVICES EXPENSES- EDUCATION AND TRAINING Tuition (200 ea.) 400.00 Travel (100 ea.) 200.00 Per Diem (100 ea.) 200.00 Educational Materials 116.00 Total Expenses EXPENSES $ 1,550.00 $ 916.00 GRAND TOTAL $ 29,329.00 $ 916.00 $ 101,555.00 G. Project Budget Schedule Budget Category. Federal Match ! Total Salaries And Benefits 53,482 17,828 71,310 Contractual Services 21,997 7,332 29,329 Expenses 687 229 916 Data Processing Totals I 76,166 I 25,389 I 101,555 H. Acceptance and Agreement 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-CJForm-3(A-G) Revised 1 101193] to the bureau. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package (Revised 11101193) 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 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 12130193) 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 project shall be disbursed according to provisions of the project budget as approved by the bureau. All expenditures and cost accounting of funds shall conform to Office of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100.ID, U.S. Department of Justice Common Rule for State and Local Governments), and in federal Office of Management and Budget's Circulars A-21, A-87, and A-I10, 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. 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-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.) 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 7100.1D, 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. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of recipient and consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: A. Supplies or services to be furnished by the consultant were obtainable from other sources, B. The department ordered the recipient in writing to procure such supplies or services from other sources, and C. The recipient failed to reasonably comply with such order. Upon request of the recipient, the department shall ascertain the facts and the extent of such failure, and if the department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 13. Obligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for reimbursement. A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. 14. Program Income (also known as Project Generated Income) Program income means the gross income earned by the recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the Office of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100.ID, U.S. Department of Justice's Common Rule for State and Local Government. Reference: The Cash Management Improvement Act of 1990). 15. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the recipient's consultants and suppliers, or both, the department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination or suspension of the agreement in whole or in part. In such event, the department shall notify the recipient of its decision thirty (30) 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 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. 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 (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. G. The completed audit reports should be sent to the following address: Department of Community Affairs:: :`:Office of Audit .Services 2740: CenterviewDrive ... The'Rhyne Building .;Tallahassee Florida : 23994100 18. Procedures for Claim Reimbursement All claims for reimbursement of recipient costs shall be submitted on DCA-CJForm 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) 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. ID, U.S. Department of Justice's Common Rule for State and Local Government) or the federal Office of Management and Budget's Circular A-110, Attachment N, Paragraph Eight (8). 21. Property Accountability The recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or request department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100. ID, U.S. Department of Justice's Common Rule for State and Local Government) or the federal Office of Management and Budget's Circular A-110, Attachment N. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 22. Disputes and Appeals The department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the department's decision. If the recipient appeals the department's decision, it shall be made in writing within twenty- one (21) calendar days to the secretary of the department, whose decision is final. If the recipient appeals the department's decision, it also shall be made in writing within twenty-one (21) calendar days to the department's clerk (agency clerk). The recipient's right to appeal the department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Chapters 28-5 and 9-5, Florida Administrative .Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes 23. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the bureau, of the U.S. Department of Justice's Bureau of Justice Assistance or both have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 24. Publication or Printing of Reports A. Before publication or printing, a final draft of any report required under or pertaining to this agreement shall be sent to the bureau for its review and comment. B. Publications or printed reports -covered under A. above shall include the following statements on the cover page: 1. "This report was prepared for the Florida Department of Community Affairs, Linda Loomis Shelley, Secretary, in cooperation with the U.S. Department of Justice, Bureau of Justice Assistance." The next printed line shall identify the month and year the report was published. 2. "This program was supported by grant # awarded to the Department of Community Affairs, State of Florida, and by the Bureau of Justice Assistance (BJA), Office of Justice Programs (OJP), U. S. Department of Justice. The BJA is a component of OJP which also includes the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime." 3. "Points of view, opinions, and conclusions expressed in this report are those of the recipient and do not necessarily represent the official position or policies of the State of Florida, Department of Community Affairs, the U.S. Department of Justice, Office of Justice 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- IS7, 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 to the bureau. 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 II accommodations (Title III), and telecommunications (Title IV). p ( ), public 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 pdacival ur ose of operating a criminal Intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended (Pub. L. 90-351, as amended L.by Pub. L. 93-839 Pub. L. 93-41 S, Pub. L. 94-430, Pub. L. 94-503, Pub. L. 95-11 S, andPub. in 96-I57), use those funds in conformance with the privacy and constitutional rights of ub. individuals. 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 nd com 1 with criteria a s set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operatingp y Policies and in the Bureau of Justice Assistance's FY 1993 Formula Grant agreement. Program Guidance. Submission of'this certification is a prerequisite to entering into this 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 come into compliance. Federal law requires a subgrant funded cite intelligence system project to be in compliance with the Act and federal regulationprior to criminal 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 sub funded development or operation of a criminal intelligence system. grant 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 recipient to certify it shall not enter into any lower tiered covered transaction with he person who is debarred, suspended, declared ineligible or is voluntarily excluded from parti i atin in this covered transaction, unless authorized by the department. p g 29. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contin en upon an annual appropriation by the Florida Legislature. g t 30. Federal Restrictions on Lobbying The recipient agrees to comply with Section 319 ofPublic Law 101-121 set forth in New Restrictions on Lobbying; Interim Final Rule, "published in the February 26, 1990, Federal al Each person shall file the most current edition of this Certification And Disclosure Form ' 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 $150,000 or more. of This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31,United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: A No federallyappropriated funds have been paid or shall be aid to influencing or attempting to influence an officer or employee of anfederal member of congress, an officer or employee of congress, l any person for congress in connection with the awarding of any federal loan,Y al agency, a g , or an employee i a member of renewal, amendment, or modification of any federal contract, grant, loan or coo the entering into of any agreement. cooperative B. If any non-federal funds have been paid or shall be paid to any person fo attempting to influence an officer or employee of congress, or an erriplo ee of a of congress m connection with this federal contrac P r influencing or the undersigned shall complete and submit the standard form,Disclosure,orY member Act— 1=�.es- according to its instructions. or cooperative agreement, of Lobb 'n C. The undersigned shall require that the language of this certification be i documents for all subgrant awards at all tiers and that all subgrant reci inc shall ded in award and disclose accordingly. p certify 31. State Restrictions on Lobbying In addition to the provisions contained in Paragraphg g 29 of Section Acceptance and Agreement, the expenditure of funds for the purpose of lobbyin 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 solicit documents describing projects or programs funded m whole or in art with federal and other grantees and recipients receiving these federal funds, including but ot limited t o sta funds all local governments, shall clearly state: to and A. The percentage of the total cost of the program or project that shall federal funds, and be financed with B. The dollar amount of federal funds to be expended on the project or r 33. Project Closeout P ogram. Project funds which have been properly obligated by the end of the subgrant will have 90 days in which to be liquidated (expended). g ant atefunding of the 90 ) y funds not liquidated a he end -day period will lapse and revert to the department. A subgrant funded project not be closed out until the recipient has satisfied all closeout requirements in o subgrant closeout package. P al will ne final 34. Background Check It is strongly recommended that all programs targeting juveniles, implemented sworn law enforcement officer or program licensed by the Department of Health Rehabilitative Services, conduct background checks on all personnel ed by other than a services. and P providing direct GRANTS MANAGEMENT RESOLUTION NO. 176 - 1994 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE DEPARTMENT OF COMMUNITY AWFAIRS FY94 ANTI -DRUG ABUSE PROGRAM WHEREAS,=the Department of Community Affairs (DCA) has announced the FY94 funding cycle of the Anti -Drug Abuse Act Formula Grant Program; and WJiEREAS,z on March 24, 1994, the Monroe County Board of CountyNCommissioners approved the Mayor to execute the Certificate of Participation for this program; and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control activities, has recommended for funding three programs that provide the community with activities focused on drug and alcohol 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 Advisory Board's recommendation to submit applications on behalf of the Key West Police Department's DARE Program, the Monroe County Sheriff's Department's DARE Program, and the 16th Judicial Circuit's Pretrial Service Drug Diversion and Treatment Program; 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 by the Board of County Commissioners of Monroe County, Florida at a regular meeting of said Board held on the 16th day of June, A.D. 1994. Mayor London yes Mayor ProTem Cheal yes Commissioner Harvey ves Commissioner Freeman yes Commissioner Reich yam_ (Seal) BC ,Attest: C• ��� OF By Clerk 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: The subgrant recipient does meet Act criteria. x 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. x 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. Requires signature of authorized official: Type Name and Title: James L. Roberts, County Administrator Date: June 9, 1994 24 EEO.Certification Letter - Implementing Agency IVIr. 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 -- Criminal Justice Agency - Dear 1VIr. 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. x The criminal justice agency does not meet Act criteria. I affirm that I have read the Act criteria set forth in Sub- nt 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 affirmm that the implementing agency... Initial one of the following: Has 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 days after a subgrant application is approved or face loss of federal funds. Rep r s signatureofauthori d official: By: r`•C Type Name and Title: Richard Roth, Monroe County Sheriff Date: June 8, 1994 25 I. Signature Page In witness whereoZ 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 includin strikeovers, whiteouts, eta., on this' a e are not acce' table.< State of Florida Department of Community Affairs Bureau of Community Assistance By: O—P °P`t� � lbd • (�,t tkQt,.� Type Name land Title Clayton H. Wilder, Community Program Administrator Date: '11 — 2 g e7 Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) By: V Type Name and Title James L. Roberts, County Administrator Date: June 9, 1994 FEID No: 59-6000749 Implementing Agency Official, Administrator or Designated Representative By: Monroe County Sheriff Richard Roth Type Name and Title Richard Roth, Sheriff Date: 5-16-94