10/20/1994 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: SEP -yq3
Grant Period: From: 10/01/94 To: 09/30/95
Project Title:
Grant Number: 95- CJ- 2P- 11 -54 -01 -043 C3
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.
w
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.
CQa. �tyy, . cad
f,t P
Authorized Official
Clayton H. Wilder
Community Program Administrator
Bureau of Community Assistance
- 30 -cl
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- 2P- 11 -54 -01 -043
Grant Title: Drug Diversion and Treatment
Program (Drug Court)
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 the drawdown of federal funds for Contractual Services, the
proposed professional services contract between Monroe County and the
accupuncturist 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- 2P- 11 -54 -01 -043 in the amount of $62,400,
for a project entitled: Drug Diversion and Treatment
Program (Drug Court)
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.
October 20, 1994
(Signature of Authorized Official) (Date of Acceptance)
ATTEST: DANNY L. KOIJIAGE, CLERK
A. EARL CHEAL MAYOR PRO TEM yam '`' Deputy C er
(Typed Name and Title of Official)
DCA -CJ Form 1 (June, 1985)
f ` d 01 __,.
f State of Flonda
1 Department of Community Affairs
Bureau of Communi Assistance.
DCA Contract Number: 95- CJ- 2P- 11 -54 -01 -043
Unique ID 93 -132 . PA 13B - -
A. Names & Addresses
1. Continuation of Previous Subgrant? (Check One) .Yeses_ No
JUN 0 1294
2. Previous Subgrant, State Project ID Number (If Yes In 1. Above).
COM AS6;3 i t NCE
1 94 CJ 1 Z I" : I 1 1 >I 5 4 . -:. � n � sECT10
3. Subgrant Recipient.
Chief Elected Official: Jack London
Title: Mayor
Address: Alamo Bldg. , Rt. 2, Box 674 -B, Summerland Key, FL
Zip Code: 33042
Area Code And Telephone Number ( 0 5) 292 - 4 512
SUNCOM Number -
Area Code And Fax Phone Number ( 305)745 - 1554
4. Chief Financial Officer.
Chief Financial Officer: Danny Kolhage
Title: Clerk of the Court, Monroe County
Address: 500 Whitehead Street, Key West, FL
Zip Code: 33040
Area Code And Telephone Number ( 0 5 ) 292 - 3 55 0
SUNCOM Number 494 3 5 5 0
Area Code And Fax Phone Number ( 305)292 - 9530
5. Implementing Agency. (Government Agency Responsible for Project)
Chief Executive Officer: James L. Roberts
Title: County Administrator
Address: 5100 College Rd., S. I . , Key West, FL
Zip Code: 33040
Area Code And Telephone Number (3 0 5 ) 292 4 4 41
SUNCOM Number 4 7 2 '4441
Area Code And Fax Phone Number (305 ) 292- 4 5 4 4
6. Project Director. (Employee of Governmental Implementing Agency)
Name: Raymond A. Long, III
Title: Director, Pretrial Services
Address: 323 Fleming Street, 2nd Floor, Key West, FL
Zip Code: 33040
Area Code And Telephone Number ( 305) 292 - 3469
SUNCOM Number (305) 292 - 3469
Area Code And Fax Phone Number ( 305) 292 3515
B. Administrative Data
7. Project Title (Not to exceed 84 characters, including spaces).
Drug Diversion and Treatment Program
8. For Period.
Period Month Day Year
Beginning October 1 1994
Ending September 30 1995
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. Grants
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 II., Paragraph 14 for a definition of PGI.)
(Check one.) Yes x No
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.
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•
Shot hrinm and star roillilltttllrr►n pages as nece.l.%UtJ'. •
This is a request to continue funding for a Pretrial Diversion and
Treatment Program implemented last grant year under the 16th
Judicial Circuit's Pretrial Services program. Pretrial Services
(PTS) developed a continuum of services designed to impact
substance - abusing behavior on the part of offenders in the pretrial
stages. These services include identification, assessment, on -site
urinalysis drug testing, education, relaxation therapy, individual
and group counseling, case management and referral. The program
provides the only early intervention service for substance - abusing
offenders in Monroe County. No other component within or outside
of the criminal justice system has as early access to criminal
defendants as does Pretrial Services which screens every arrestee
within twenty -four hours of booking. Office space for the program,
sited at both the Monroe County Detention Center and adjacent to
the main courthouse in Key West, insures access to both the
defendant and the court which makes a final determination of
acceptance of clients into the program. Because research has shown
that early intervention is critical for interrupting substance
abuse behavior, the program seeks to begin service provision on the
day of release.
Prior to the implementation of this program, a survey conducted in
1992 by the Monroe County Substance Abuse Policy Advisory Board
noted several major service gaps including "the lack of treatment
for substance abuse offenders." The Pretrial Diversion and
Treatment Program began addressing that need through Anti -Drug
Abuse funding last year. One of the first obstacles in the
acceptance of clients into the program was the fact that many of
these substance - abusing offenders were multiple- charged. That is,
in addition to a charge of purchase or possession of cocaine, they
were also charged with other offenses causing them to fall out of
the statutory guidelines for court diversion. However, with the
cooperation of the State Attorney's Office, those defendants have
been made eligible for diversion.
Services are provided by PTS staff, through contract, and by 1.5
grant- funded positions (a full- and part -time Substance Abuse
Counselor). Although it appears too early. in the first grant year
(1993 -94) to determine with certainty the success of the program,
nineteen of the twenty -three clients (83 %) diverted for services
are complying with their supervision and treatment plans which
extend for one year; the remaining four clients were terminated due
to rearrest on new charges or failing to comply with supervision
and treatment requirements. While several active clients
. 1
•
experienced some relapse, their placement under more stringent
supervision and into more intensive and frequent treatment services
seems to be enhancing their recovery and thus reducing their risk
of misconduct.
Please see Attachment A for a full overview of the current
diversion program . proposed for continuation funding. The program
has the full support of the judiciary of the State of Florida 16th
Judicial Circuit Court and of the Monroe County Substance Abuse
Policy Advisory Board.
•• ATTACHMENT A
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 tw imumn 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_mcs 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 IIealth 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 Lhe 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 nekt page
•
i
, D. Program Data • • ATTACHMENT A
Page 2 •
Proposed Solution continued
It is a logical progression then that a "treatment with teeth"
approach which includes short jail slays 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 reincarcer.ation 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, reproved 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
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 twenLy- Lwo weeks and referrals to academic,
vocational, remedial and training programs available through
existing community resources. l)ri_nal.ysis 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.
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• , E. Program Objectives and Performance A
Complete uniform program objectives and performance measures (found in Appendix VIII
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.
If a program area selected does not have uniforni program objectives published in this
document or if you cannot relate your objectives to those stated, contact Tom Bishop of . •
BCA at 904 - 488 -0090 for further instructions. DO NOT mix objectives from different
Program Areas.
Start below and use continuation pages as necessary.
Program Objective 11.3.1: To provide 200 offenders with intake and
screening services during the grant period.
Program Objective 11.3.2: To provide 50 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 50 offenders with
psychosocial assessments during the grant period.
Program Objective 11.3.5: To provide 50 offenders with case
management services during the grant period.
Program Objective 11.3.6: To provide 50 offenders with treatment
services during the grant period.
Program Objective 11.3.7: To provide 50 offenders with
rehabilitation services during the grant period.
Program Objective 11.3.8: To provide 50 offenders with offender
tracking and reporting services during the grant period.
•
Program Objective 11.3.9: To estimate that 35 offenders will
successfully complete this nonresidential program during the grant
period.
•
F. Project Budget Narrative
You must describe line items for each applicable Budget Category f which you are
requesting subgrant funding. Provide sufficient detail to show cost relationships to project
activities. In addition, describe sources of matching funds.
SEE PAGE 6 OF INSTRUCTIONS FOR DETAILS.
Start below and use condonation Ec cc as necessary.
Salaries and Benefits: This category reflects a cost of $39,000
for salaries to support one full -time and one part -time Substance
Abuse Counselor. Also included are benefits: FICA, retirement,
Worker's Comp. and health insurance for the full -time position and
FICA, retirement and Worker's Comp. for the part-time position.
Contractual Services: This category reflects the costs associated
with contracting for acupuncture and other services related to
providing relaxation techniques to clients.
Expenses: Items in this category include:
Out -of- county travel for attendance at training for both Substance
Abuse Counselors at $2,000.
Consumable office supplies at $200.
Advertising for position openings, contractual services, etc. at
$100.
Medical supplies including acupuncture needles, urinalysis tests,
gloves, specimen cups, alcohol wipes, needle dispensers, etc. at
$7,312.
•
Educational materials for clients including books, pamphlets,
workbooks, videos, etc. at $1,000.
•
Matching funds for this project will be provided by Monroe County
Board of County Commissioners, Subgrantee, from the Board of County
Commissioners Contingency Funds.
•
•
G. Project Budget Schedule
• The Project Budget Schedule includes six Budget Categories (Salaries and Benefits,
• • Contractual Services Expenses, Operating Capital Outlay (OCO), Data Processing Services,
Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of
the Total Budget . . . •
Type or Print Dollar Amounts On y App icable CidL& Leave Ot ters ank.
Budget Category Federal Match Total
Salaries And Benefits
$39,441.00 $13,147.00 $52,588.00
--- Contractual Services
15,000.00 5,000.00 20,000.00
Expenses
7,959.00 2,653.00 10,612.00
• Operating Capital
• Outlay
Data Processing
Indirect Costs •
• Totals
$62,400.00 $20,800 $83,200.00
•
•
SALARIES:
•
Substance Abuse Counselor (1.0) $28,600
Substance Abuse Counselor (0.5) 10,400
Subtotal 39,000 .
BENEFITS:
FICA (7.65 %) 2,934
Retirement (17.66 %) 6,887
Worker's Comp. (.3 %) 117
Health Insurance 3,600
Subtotal 13,588
Total $52,588
H. Acceptance and Agreement
All persons involved in or having administrative responsibility for the subgrant must read
these "Acceptance and Agreement" conditions. Th "Acceptance and Agreement
(Section H) must be returned as part of the completed application.
Note Condition No. 13: Only project costs incurred on or after the effective date of
this agreement and on or prior to the termination date of a recipient's project are
eligible for reimbursement.
Conditions of Agreement. Upon approval of this subgrant, the approved application and
the following terms of conditions will become binding. Non- compliance will result in
project costs being disallowed.
The term " department ", unless otherwise stated, refers to the Department of Community
Affairs. The term "bureau ", unless otherwise stated, refers to the Bureau of Community
y
The term subgrant "recipient" refers to the governing body of a city or a county or an Indian
Tribe which performs criminal justice functions as determined by The U.S. Secretary of the
Interior, and includes an "implementing agency" which is a subordinate agency of a city,
county or Indian Tribe, or an agency under the direction of an elected official (for example,
Sheriff or Clerk of the Court).
1. Reports
A. Project Performance Reports:
The recipient shall submit department Quarterly Project Performance Reports to the
bureau by February 1, May 1, August 1, and November 1 covering subgrant activities
during the previous quarter.
The recipient shall submit an Annual Project Performance Report, for the "original"
project period. This report shall be submitted to the bureau within thirty (30) days after
the end of the original project period. The "original" project period is generally for
twelve (12) months. The last quarterly report shall be submitted with the annual report.
In addition, if the subgrant award period is extended beyond the "original" project period,
additional Quarterly Project Performance Reports shall be submitted as well as a Final
?roject 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 11/01/93] to the bureau. A final Financial Claim Report and a Criminal Justice
Contract (Financial) Closeout Package (Revised 11/01/93) 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 12/30/93) to the bureau by February 1, May 1, August 1, and November 1
covering subgrant project generated income and expenditures during the previous quarter.
(See Paragraph 14. Program Income.)
C. Other Reports:
The recipient shall submit other reports as may be reasonably required by the bureau. All
required reports, instructions, and forms shall be distributed with the subgrant award.
2. Fiscal Control and Fund Accounting Procedures
The recipient shall establish fiscal control and fund accounting procedures that assure proper
disbursement and accounting of subgrant funds and required non - federal expenditures. All
funds spent on this 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 7100.1D, U.S.
Department of Justice Common Rule for State and Local Governments), and in federal
Office of Management and Budget's Circulars A -21, A-87, and A -110, in their entirety).
All funds not spent according to this agreement shall be subject to repayment by the recipient.
3. Compliance with "Consultant's Competitive Negotiation Act"
The recipient, when applicable, agrees to satisfy all requirements provided in Section
287.055, Florida Statutes, known as the "Consultant's Competitive Negotiation Act".
•
4. Approval of Consultant Contracts
The department shall review and approve in writing all consultant contracts prior to
employment of a consultant. Approval shall be based upon the contract's compliance with
requirements found in the Office ofJustice 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 "0" 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 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 ofJustice Programs' Financial and Administrative Guide for Grants (Guideline
Manual 7100.1D, U.S. Department ofJustice'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 ofJustice, Office ofJustice
Programs, Bureau ofJustice 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 `
books, documents, papers and records of the recipient, implementing agency and contractors
for the purpose of audit and examination according to the Office ofJustice Programs'
Financial and Administrative Guide for Grants (Guideline Manual 7100.1D, U.S.
Department ofJustice'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 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 Form 3(A - G)
Revised 11/01/93, 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 ofJustice 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 ofJustice,
Bureau ofJustice 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 ofJustice. The BJA is a
component of OJP which also includes the Bureau ofJustice 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 of
Justice Programs, or any other agency of the state or federal government."
25. Equal Employment Opportunity (EEO)
No person, on the grounds of race, creed, color or national origin shall be excluded from
participation in, be refused benefits of, or otherwise subjected to discrimination under grants
awarded pursuant to Public Law 89 -564, Non- Discrimination Requirements of the Anti -
Drug Abuse Act of 1988; Title IV of the Civil Rights Act of 1964; Section 504 of the
Rehabilitation Act of 1973 as amended; Title IX of the Education Amendments of 1972; The
Age Discrimination Act of 1975; and, Department of Justice Non Discrimination
Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H.
The recipient and a criminal justice agency that is the implementing agency agree to certify
that they either do or do not meet EEO program criteria as set forth in Section 501 of The
Federal Omnibus Crime Control and Safe Streets Act of 1968 as amended and that they
have or have not formulated, implemented and maintained a current EEO Program.
Submission of this certification is a prerequisite to entering into this agreement. This
certification is a material representation of fact upon which reliance was placed when this
agreement was made. If the recipient or implementing agency meet Act criteria but have not
formulated, implemented and maintained such a current written EEO Program, they have 120
days after the date this agreement was made to comply with the Act or face loss of federal
funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-
157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and
CFR Section 42.207 Compliance Information).
Any state agency, county or city receiving $500,000 or more in federal Anti-Drug Abuse Act
funds shall submit their equal employment opportunity plan and/or the most recent update 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), public
accommodations (Title III), and telecommunications (Title IV).
27. Criminal Intelligence System
The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence
Systems Operating Policies is to assure that recipients of federal funds for the 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 federal regulation criteria, they must indicate
by when they plan to come into compliance. Federal law requires a subgrant funded criminal
intelligence system project to be in compliance with the Act and federal regulation prior to
the award of federal funds. The recipient is responsible for the continued adherence to the
regulation governing the operation of the system or faces the loss of federal funds. The
department's approval of the recipient agreement does not constitute approval of the subgrant
funded development or operation of a criminal intelligence system.
28. Non - Procurement, Debarment and Suspension
The recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34
CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the
recipient to certify it shall not enter into any lower tiered covered transaction with a person
who is debarred, suspended, declared ineligible or is voluntarily excluded from participating
in this covered transaction, unless authorized by the department.
29. Payment Contingent on Appropriation
The State of Florida's performance and obligation to pay under this agreement is contingent
upon an annual appropriation by the Florida Legislature.
30. Federal Restrictions on Lobbying
The recipient agrees to comply with Section 319 of Public Law 101 -121 set forth in "New
Restrictions on Lobbying; Interim Final Rule, "published in the February 26, 1990, Federal
Register.
Each person shall file the most current edition of this 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 $10,000 and not more than $100,000 for each failure to file.
The undersigned certifies, to the best of his or her knowledge and belief, that:
A. No federally appropriated funds have been paid or shall be paid to any person for
influencing or attempting to influence an officer or employee of any federal agency, a
member of congress, an officer or employee of congress, or an employee of a member of
congress in connection with the awarding of any federal loan, the entering into of any
renewal, amendment, or modification of any federal contract, grant, loan or cooperative
agreement.
B. If any non - federal funds have been paid or shall be paid to any person for influencing or
attempting to influence an officer or employee of congress, or an employee of a member
of congress in connection with this federal contract, grant loan, or cooperative agreement,
the undersigned shall complete and submit the standard form, Disclosure of Lobbying
Activities, according to its instructions.
C. The undersigned shall require that the language of this certification be included in award
documents for all subgrant awards at all tiers and that all subgrant recipients shall certify
and disclose accordingly.
31. 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.
32. Statement of Federal Funding Percentage and Dollar Amount
When issuing statements, press releases, requests for proposals, bid solicitations, and other
documents describing projects or programs funded in whole or in part with federal funds, all
grantees and recipients receiving these federal funds, including but not limited to state and
local governments, shall clearly state:
A. The percentage of the total cost of the program or project that shall be financed with
federal funds, and
B. The dollar amount of federal funds to be expended on the project or program.
33. Project Closeout
Project funds which have been properly obligated by the end of the subgrant funding period
will have 90 days in which to be liquidated (expended). Any funds not liquidated at the end
of the 90-day period will lapse and revert to the department. A subgrant funded project will
not be closed out until the recipient has satisfied all closeout requirements in one final
subgrant closeout package.
34. Background Check
It is strongly recommended that all programs targeting juveniles, implemented by other than a
sworn law enforcement officer or program licensed by the Department of Health and
Rehabilitative Services, conduct background checks on all personnel providing direct
services.
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
AFFAIRS 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
WHEREAS on March 24, 1994, the Monroe County Board of
Count'Commissioners 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 y
(Seal) BOARD Or •eUNTY OMMISS •NERS
ttest: OF MO 'OD, O � , -: DA
C. By: , � ,'
Clerk
der vt- I AS TO fr"''.f
- iC Y.
, .cs
- `_) -__,. __.
•
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:
By: 4111Av • oloimb
Type Name and Title: James L. Roberts, County Administrator
Date: June 9, 1994
24
EEO. Certification Letter - Implementing Agency
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 -- 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. x
The criminal justice agency does not meet Act criteria.
I affirm that I have read the Act criteria set forth in Subgrant Instructions. I understand
that if the implementing agency meets these criteria, it must participate in the subgrant recipient's
EEO Program or formulate, implement and maintain its own written EEO Program relating to
employment practices affecting minority persons and women. I also affirm that the implementing
•
agency...Initial one of the following:
Has a current EEO Program Plan.
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
Type Name and Title: James L. Ro verts, County Administrator
• Date: June 9, 1994
25
rt
I. Signature Page
In witness whereof the parties affirm they each have read and agree to conditions set forth
m
this agreement, have read and understand the agreement in its entirely and have executed this
agreement by their duly authorized officers on the day, month and year set out below.
C orrections including strikeovers, whiteouts, etc., on this page are not acceptable.
State of Florida
Department of Community Affairs
Bureau of Community Assistance
B X9 4-rY\ Lo--
Type Name and Title Clayton H. Wilder, Community Program Administrator
Date: 9 - 30-94
Subgrant Recipient
Authorizing Official of Governmental Unit
(Commission Chairman, Mayor, or Designated Representative)
By: ill ,
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:
Type Name and Title James L. Roberts, County Administrator
Date: June 9, 1994