11/10/1993 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- 1Z- 11 -54 -01 -132 in the amount of $62,400,
for a project entitled: Drug Diversion and
Treatment Program
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.
1 */ NZ
November 10. 1993
( • ature of Authorized Official) (Date of Acceptance)
Jack Landon Ma■or /Chairrnan
(Typed Name and Title of Official)
DCA -CJ Form 1 (June, 1985)
ATTEST: DANNY L. KOLHAGE, CLERK
BY atamoi. es
Deputy Cl 4tootietbnA44
APPROVED A m ro
Ifo" A0e1-00V
� 1
•
State of Florida
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance
The Rhyne Building
2740 Centerview Drive
Tallahassee, Florida 32399
Lawton Chiles Linda Loomis Shelley
Governor Secretary
SUBGRANT AWARD CERTIFICATE
Subgrantee: Monroe County Board of Commissioners
Date of Award: OCT 0 4 1993
Grant Period: From: 10/01/93 To: 09/30/94
Project Title: Drug Diversion and
Treatment Program
Grant Number: 94 CJ- 1Z- 11 -54 -01 -132
Federal Funds: $62,400.00
BGMTF Funds:
State Agency Match:
Local Agency Match: $20,800.00
Total Project Cost: $83,200.00
Program Area: 13B
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.
CS' el -44-1 (A,c41)
Authotized Official
Clayton H. Wilder
Community Program Administrator
Bureau of Community Assistance
/0 -4
Date
(X]This award is subject to special and /or standard conditions (attached).
BPSM Revised 7 -1 -79
....
vL yvi iuc:a
Department of Community Affairs
Division of Housing and Community Development
Bureau of Community Assistance
The Rhyne Building
2740 Centerview Drive
• Tallahassee, Florida 32399
SPECIAL CONDITIONS
Grantee (Name of SPA): Bureau of Community Assistance
Grant Number: 94- CJ- 1Z- 11 -54 -01 -132
Grant Title: Drug Diversion and
Treatment Program
In addition to the general conditions applicable to fiscal administration,
the grant is subject to the following Special Condition (s):
SPECIAL CONDITION(S):
1. Prior to drawdown of federal funds for Contractual Services, the
subgrantee must submit a copy of the proposed professional services
contract to the Department of Community Affairs for approval.
4 1 .
•
State of Florida •
. Department of Community Affairs •
Bureau Of Public Safety Management .
• Subgrant Application for Federal Anti -Drug Abuse Act Funds
DCA Contract Number: 94- CJ- 1Z- 11 -54 -01 -132
UNIQUE ID NO. 93 -132 PA 13B
A. Names & Addresses
1. Continuation of Previous Subgrant? (Check One) Yes No X
2. Previous Subgrant, State Project ID Number (If Yes In 1. Above).
1 93 1- t CJ t- t 1- 1 1- 1 1- 1 1- 1
3. Subgrant. Recipient. Monroe County Board of Commissioners
Chief Elected Official: Jack London
Title: Chairmkn, 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 )292 /4401
4. Chief Financial Officer.
Chief Financial Officer: Danny Kolhage
• Title: Clerk, Monroe County -
Address: • 500 Whitehead St
• Zip Code: Key West, FL •
Area Code And Telephone Number
P 1305 )294 / 4641
Area Code And Fax Phone Number (305 )296 / 1864
S. Implementing Agency. (Government Agency Responsible for Project)
Chief Executive Officer: Thomas W. Brown
Title:
Address: County Administrator
5100 College Rd., S.I.
Zip Code: Key West, FL
Area Code and Telephone-Number P (305 )? /4741
Area Code and Fax Phone Number . 005 ) 292/ 4401
•
•
• 6. Project Director. (Employee of Governmental Implementing Agency)
Name:
Title: Mary S. Broske
• Address Director, Grants Management Department
5100 College Rd., S. I.
Zip Code: Key West, FL
Area Code Naielephone Number (305) 292/ 4471
Area Code and Fax Phone Number (305)292/ 4401
B. Administrative Data
7. Project Title.
n R u r _ r7 F r c T f N A m r T R F A. T M F N T
. (' A N
8. For Period. •
• Period Month Day Year
Beginning
10 01 1993
Ending
9 30 1994
9. Ls 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 No
C. Fiscal Data
10. (If other than a Chief Financial Officer) Remit NN'arrant to:
Grants Management Department
Monroe County
11. Vendor # (Enter Federal Employer Identification Number):
59 6000749 -
12. SAMAS # (Enter if you area state agency):
•
•
•
13. Award.
Budget Category Federal Match Total
Salaries and Benefits $38,489.25 $12,829.75 $51,319.00
Contractual Services 16,575.00 5,525.00 22,100.00
Expenses 7,335.75 2,445.25 9,781.00
Operating Capital
•
Outlay
Data Processing
Indirect Costs
Totals
$62,400.00 $20,800.00 $83,200.00
_ 14. Will the Project Accrue Project Generated Income?
(See Section H 14. for a definition of "Program Income. ")
(Check One) Yes x No
D. Program Data
•
Problem Identification. In a maximum of two (2) typed paragraphs, briefly describe a specific
problem to be addressed with subgrant funds. If you are seeking funds to continue existing
project activities, describe any gaps between current and desired project results.
Proposed Solution. In a minimum of two (2) typed pages, briefly describe how project activities
will address the targeted problem. Describe who will do what, when, where and how.
Start below and use continuation pages as necessary.
Problem Identification. A key informant survey conducted in 1992
by the Monroe County Substance Abuse Policy Advisory Board
concluded that following alcohol, cocaine was the second most
abused substance in the county. In addition, an evaluation of the
Monroe County Pretrial Services Program's Substance Abuse Project
by the Florida State University Institute for Health and Human
Services Research also conducted in 1992, found that cocaine was
the primary drug of abuse for 75.5 percent of clients entering the
program. The evaluation reported a consensus among community
experts that while the program is "well run ", it needs a treatment
program for offenders. The dearth of treatment services in the
county for indigent and low income substance abusers was also noted , *
in the evaluation. However, the evaluation's analysis of arrests
by clients who had successfully completed the intervention •
programming offered by Pretrial Services as compared to those who
failed to complete revealed the following: Clients who completed
the intervention programming had a lower rate of rearrest for drug,
crimes (six percent and fifteen percent at six and twelve months/
respectively) than those who did not complete (twenty -eight percent
and forty percent). Finally, the evaluation reported several major
issues, the top two being: "The lack of adequate programs,
facilities and staff to meet the substance abuse treatment needs of
Monroe County offenders was found to be a serious problem in this
county" and "Monroe County currently has no resources to assess or
address the substance abuse treatment needs of jail inmates ".
Proposed Solution. Richard J. Fowler, Chief. Judge of the 16th
Judicial Circuit (which encompasses all of Monroe County), is
committed to relieving the congestion in the criminal court system
and the jail brought about by the cycle of substance abuse and
arrest inherent to cocaine - addicted offenders. The establishment
of a Diversion and Treatment Program through a partnership of the
judiciary and Pretrial Services utilizing a Drug Court and
treatment services, respectively, has proven to be an effective
recovery strategy for substance abusing offenders in other
jurisdictions and this grant application seeks to replicate such a
program. Timely intervention is critical for interrupting
substance abusing behavior and diversion offers a means of
preventing further penetration by the offender into the already
overburdened criminal justice system. As was noted in the above
section on problem identification, even basic intervention services
provided to offenders had a positive effect on drug rearrest rates.
continued next page
rage z
Proposed Solution continued
It is a logical progression then that a "treatment with teeth"
approach which includes short jail stays as an incentive for
. borderline clients will have a greater, more substantial impact on
the recovery process.
The proposed Diversion and Treatment Program would encompass both
traditional and innovative interventions using a three -phase multi-
disciplinary approach to substance abuse treatment. Throughout all
phases, clients will meet with the Drug Court Judge no less than
monthly and, based on treatment progress reports provided by the
Substance Abuse Counselor, the judge will offer support,
recognition and encouragement or, in the event of noncompliance,
advised admonishment or reincarceration with an in -jail treatment
component provided by the Substance Abuse Counselor. Clients who
have not put the necessary effort into the program or who have
gotten rearrested may be placed back into earlier treatment phases
or, as a last resort, removed from the diversion program and sent
to criminal court for trial.
In Phase I, lasting approximately two weeks, the Substance Abuse
Counselor would provide assessment and evaluation techniques •
designed to identify offenders who are most likely to benefit from
the program including acupuncture and other relaxation treatments.
Daily acupuncture /relaxation sessions which have proven to reduce ' r ' y '
craving and enable participants to better utilize conventional_
interventions will be provided through contractual relationships-
with licensed personnel. Phase I will also include the provision
of daily 12 Step group meetings provided by volunteers, daily
urinalysis conducted by Pretrial Services non - grant- funded staff,
` weekly group and individual counseling sessions conducted by the
Substance Abuse Counselor. All counseling activities will take
place at the Substance Abuse Counselor's office site and at a
rented off -site for groups.
In Phase II, lasting approximately twelve weeks, the Treatment
Specialist will develop with the client • a sobriety
contract /treatment plan to serve as -a blueprint for service
delivery to assist the client in addressing specific treatment
needs. Acupuncture /relaxation sessions, NA /AA attendance,
counselor contacts, and utilization of community services will be
negotiated. Weekly group sessions and individual counseling
sessions will be provided by the Treatment Specialist while
urinalysis testing will continue to be provided on -site by Pretrial
Services.
Phase III participants would be provided with aftercare services by
the Substance Abuse Counselor including weekly group sessions for
approximately twenty -two weeks and referrals to academic,
vocational, remedial and training programs available through
existing community resources. Urinalysis testing would continue as
described above. Finally, and this is the "carrot" which drives
all diversion programs, the client "graduates" and the criminal
charges are dismissed at an open Drug Court hearing.
.. •
E. Program Objectives and Performance Measures
Complete uniform program objectives and performance measures (found in Appendix XV) for the
federally authorized program area you want to implement. Your application is not complete
without them and an incomplete application will not be considered for subgrant funding.
Start below and use continuation pages as necessary.
Program Objective 11.3.1: To provide 115 offenders with intake and
screening services during the grant period.
Program Objective 11.3.2: To provide 75 offenders with drug
screening /urinalysis tests during the grant period.
Program Objective 11.3.3: Subgrant funds will not be used to
provide diagnostic services.
Program Objective 11.3.4: To provide 75 offenders with
psychosocial assessments during the grant period.
Program Objective 11.3.5: To provide 75 offenders with case
management services during the grant period.
•
Program Objective 11.3.6: To provide 75 offenders with treatment
services during the grant period.
Program Objective 11.3.7: To provide 75 offenders with
rehabilitation services during the grant period.
Program Objective 11.3.8: To provide 75 offenders with offender
tracking and reporting services during the grant period.
Program Objective 11.3.9: To estimate that 50 offenders will
successfully complete this nonresidential program during the grant
period.
• 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. Costs)
Tv e or Print Dollar Amounts Onl;' in A licahle Cate; ories and Leave Others Blank
Budget Category Federal Hatch
Total
Salaries And Benefits
$38,489.25 $12,829.75 $51,319.00
Contractual Services
16,575.00 5,525.00 22,100.00
Expenses
7,335.75 2,445.25 9,781.00
Operating Capital
Outlay -
•
Data Processing
Indirect Costs
Totals
$62,400.00 $20,800.00 $83,200.00
G. Project Budget Narrative
•
•
You must describe line items for each applicable Budget Category that you are requesting
subgrant funding. Provide sufficient detail to show cost relationships to project activities. In
addition, describe sources ofmatching funds.
•
Start below and use continuation pages as necessary.
Salaries and Benefits: This category reflects a cost of $37,500
for salaries to support one full -time Substance Abuse Counselor and
one part -time Treatment Specialist. Also included are benefits
(FICA, retirement and health insurance) for the full -time position
and FICA and retirement for the part -time position.
Contractual Services: This category reflects the cost associated
with contracting for acupuncture services calculated at a rate of
$75 per hour for five hours each week. Also included in this
category are costs associated with contracting for provision of
group relaxation techniques.
Expenses: Items in this category include:
Printing forms, business cards for staff, informational materials,
etc. at $250.
Consumable office supplies and postage at $450.
Advertising for position openings, contractual services, etc. at
$120.
Medical supplies including acupuncture needles, urinalysis tests,
gloves, specimen cups, alcohol wipes, needle dispensers, etc. at
$8,961.
Matching funds for this project will be provided by Monroe County
Board of County Commissioners, Subgrantee, from the Board of Count
Commissioners Contingency Funds. Y
•
•
./11
•
REVISED BUDGET NARRATIVE FOR #94- cj- lr- 11 -54 -01 -132
• SALARIES
1 Full Time Substance Abuse Counselor $27,500
1 Part Time Substance Abuse Counselor 10,000
Total Salaries $37,500
BENEFITS
FICA (7.75 %) $ 2,906
Retirement (17.5 %) 6,563
Health Insurance (11.5 %) 4,200
Workers Comp. (.04 %) 150
Total Benefits $13,819
TOTAL BUDGET $51,319
H. Acceptance and Agreement •
All persons involved in or having administrative responsibility for the subgrant must read these
"Acceptance and Agreement" conditions. This "Acceptance and Agreement" (Section H)
• must be returned as part of the completed application.
Note Condition No. 13: Only project costs incurred on or after the effective date of this
agreement and on or prior to the termination date of a recipient's project are eligible for
reimbursement.
Conditions of Agreement. Upon approval of this subgrant, the approved application and the
following terms of conditions will become binding. Non - compliance will result in project costs
being disallowed.
The term "department " unless otherwise stated, refers to the Department of Community Affairs.
The term "bureau ", unless otherwise stated, refers to the Bureau ofPublic 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 o`
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 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 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 ofJustice 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 .a '
Office of Management and Budget's Circulars -, -, and A -110, in their entirety)..,'
Cil A 21 A87
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 ofJustice Programs' Financial and Administrative Guide
for Grants (Guideline Manual 7100. ID, US. 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.
•
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S. 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 216.18)(I2)(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 7100.1D, U.S. Department of Justice's Common Rule or Stale
and Local Government. Reference: The Cash Management Improvement Act of1 990).
• 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) dams 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. r
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. Willis 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 55,000 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
S5,000, 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 1 . `
The recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public
disclosure upon request of duly authorized persons.
20. Ownership of Data and Creative Material
Ownership of material, discoveries, inventions, and results developed, produced, or
discovered subordinate to this agreement is governed by the terms of the Office Of Justice
Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100.1D,
U.S. Department Of Justice's Common Rule for State and Local Government) or the
federal Office of Management and Budget's Circular A -110, Attachment N, Paragraph
Eight (8).
21. Property Accountability
The recipient agrees to use all non - expendable property for criminal justice purposes
during its useful life or request department disposition.
•
• •
The recipient shall establish and administer a system to protect, preserve, use, maintain
and dispose of any property furnished to it by the department or purchased pursuant to
this agreement according to federal property management standards set forth in the Office
of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual
7100.ID, U.S. Department ofJustice'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 = l
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 ofJustice'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:
I. "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 ofJustice
Assistance (BJA), Office ofJustice Programs (OJP), U.S. Department of
• Justice. The BJA is a component of OJP which also includes the Bureau of
Justice Statistics, National Institute ofJustice, 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 ofJustice, Office ofJustice Assistance, or any other
a 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. r . -
Submission of this certification is a prerequisite to entering into this agreement.
This certification is a material representation of fact upon which reliance was placed when
this agreement was made. If the recipient or implementing agency meet Act criteria but
have not formulated, implemented and maintained such a current written EEO Program, •
they have 120 days after the date this agreement was made to comply with the Act or face
loss of federal funds subject to the sanctions in the Justice System Improvement Act of
1979, Pub. L. 96 -157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42
U.S.C. 3783 (a) and CFR Section 42.207 Compliance Information).
• - Any state agency, county or city receiving $500,000 or more in federal Anti -Drug Abuse
Act funds shall submit their equal employment opportunity plan to the bureau.
26. Criminal Intelligence System
The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence
Systems Operating Policies is to assure that recipients of federal funds for the principal
purpose 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.
•
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 federai 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 fiinds. 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 $100,000 or more; or
federal loan of $150,000 or more.
This certification is a material representation of fact upon which reliance was placed when
this agreement was made. Submission of this certification is a prerequisite to entering into
this agreement subject to conditions and penalties imposed by Section 1352, Title 31,
United States Code. Any person who fails to file the required certification is subject to a
civil penalty of not less than S10,000 and not more than $100,000 for each failure to file.
The undersigned certifies, to the best of his or her knowledge and belief, that:
•
A. No federally appropriated funds' have been paid or shall be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency,
• a member of congress, an officer or employee of congress, or an employee of a
member of congress in connection with the awarding of any federal loan, the
entering into of any renewal, amendment, or modification of any federal contract,
grant, loan or cooperative agreement.
B. If any non - federal funds have been paid or shall be paid to any person for
influencing or attempting to influence an officer or employee of congress, or an
employee of a member of congress in connection with this federal contract, grant
loan, or cooperative agreement, the undersigned shall complete and submit the
standard form, Disclosure of Lobbying Activities, according to its instructions.
C. The undersigned shall require that the language of this certification be included in
award documents for all subgrant awards at all tiers and that all subgrant recipients
shall certify and disclose accordingly.
30. State Restrictions on Lobbying
In addition to the provisions contained in paragraph 29 of Section H, Acceptance and
Agreement, the expenditure of funds for the purpose of lobbying the legislature or a
state agency is prohibited under this contract.
31. Statement of Federal Funding Percentage and Dollar Amount
When issuing statements, press releases, requests for proposals, bid solicitations, and other
documents describing projects or programs funded in whole or in part with federal funds,
all grantees and recipients receiving these federal funds, including but not limited to state
and local governments, shall clearly state:
A. The percentage of the total cost of the program or project that shall be financed
with federal funds, and
B. The dollar amount of federal funds to be expended on the project or program.
32. Project Close -Out
Project funds which have been properly obligated by the end of the subgrant funding
period will have 90 days in which to be liquidated (expended). Any funds not liquidated at
the end of the 90-day period will lapse and revert to the department. A subgrant funded
project will not be closed out until the recipient has satisfied all close -out requirements in
one final subgrant close -out package.
�.. BOARD OF COUNTY COMMISSIONERS
i ' T— MAYOR, Jack London, District 2
• � Mayor Pro Tem, A Earl Cheal, District 4
C U N TY o M 0 N R0 E - , .� � �e ' �. Wig elmina Harvey, District 1
KEY WEST FLORIDA 33040 l Y i • •• • , : ;� Yj Shirley Freeman, District 3
(305) 294-4641 ( " OUT" Mary Kay Reich, District 5
Thomas W. Brown \JO'
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 '93 Drug Control and System Improvement -
Formula Block Grant Program ' '
•
Dear Mr. Lenaerts: r f
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.
•
S erely, •
•
mas W. Brown
County Administrator
TWB /msb
•
•
•
•
•
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. XXXXX •
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.
Require . j of authorized official:
- By: . 1 •
Title: Conn y Administrator
Date: L t v ) ^ 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 —
Criminal Justice Agency
Dear Mr. Lenaerts:
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus
Crime Control and Safe Streets Act of 1968 as amended, that...Initial one of the following
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 $ubgrant Instructions. I understand
that if the implementing agency meets these criteria, it must participate in the subgrant recipient's •
EEO Program or formulate, implement and maintain its own written EEO Program relating to
employment practices affecting minority persons and women. I also affirm that the implementing
agency...Initial one of the following:
Has a current EEO Program Plan. yXXXx
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.
Requires signature of authorized official:
By: Mary S. roske
Title: Director, Grants Management Department, Monroe County
Date: 6/11/93
•
•
39 ''
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 ANTI-DRUG 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 th '
_purpose of preparing Monroe County application(s) fdi grantwfun
requests to DCA; and off
WHEREAS, the Substance Abuse Policy Advisory Board, with
consideration given to the County's current drug cozrol i '
activities, has recommended five agencies that provide the-0
community with programs focused on drug and alcohol _education,
prevention, rehabilitatiop, and treatment; now therefore, g =
? BE I? RESOLVED 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 West
Police Department, Monroe County Sheriff's 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 by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 26th day of May, A.D. 1993.
APPROV[D AS TO F1R,u Mayor London _yes_
s
ANA LEGALSUFFI � Y. Mayor ProTem Cheal yes
+
B ` ri . . .. .' Commissioner Harvey yes
Dale G ye
/7 %I Commissioner Freeman s
Commissioner Reich yes
(SeaiDANNY L. KOLHHAGE. Clerk BOARD • ' OaRTY CO[ISSIONERS
test : OF MON 0 CO ,.'A'
P 41°41*414). By: .0,a0'.' _,..,...,-,_ - ,
Clerk
/ -
•
•
L Signature Page
In witness whereof, the parties affirm they each have read and agree to conditions set forth in this
agreement, have read and understand the agreement in its entirety and have executed this
agreement by their duly authorized officers on the day, month and year set out below.
Corrections including strikeovers, whiteouts, etc., on this page are not acceptable
Suit of Florid*
Department of Community Affairs
Bureau of Public Safety Management
•
By: C-9 °A14 • 14,uj2
Title: Clayton H. Wilder, Community Program Administrator
Date: /D q 3
•
Subgrant Recipient
Authorizing Official of Governmental Unit
(Commission Chairman, Mayor, or Designated Representative)
By: fr40
-s W. Brown
Title: County Administrator
Date: tc..11Dicr �
•
Implementing Agency
Official, Administrator or Designated Representative
B•
y•
Mary Broske
Title: Director, Grants Management=- Department
Monroe County'
• Date:
•
•