Item C29
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19, 2003
Bulk Item: Yes ~ No 0
Division: Manaqement Services
Department: Administrative Services
AGENDA ITEM WORDING: Rescind October 16, 2002 approval of contract with
Helpline, Inc. to provide the Parents Who Care proqram.
ITEM BACKGROUND: Proqram funded 75% by Byrne Law Enforcement Grant and
25% by Monroe County match. Helpline has not provided information to show that the
proaram was substantially implemented to the deqree specified in the contract and
attachments. COpy of email request for information is attached. Substance Abuse
Policy Advisory Board will meet on April 28, 2003, and may make a recommendation as
to how to use these funds.
PREVIOUS RELEVANT BOCC ACTION: Approval of contract with Helpline October 16.
2002; rescission of related contract with FDLE is also on today's aqenda.
CONTRACT/AGREEMENT CHANGES: Rescission.
STAFF RECOMMENDATION: Approval.
SOURCE OF FUNDS: n/a
AMOUNT PER MONTH
YEAR
APPROVED BY: COUNTY ATTY ~ OMB/PURCHASING ~ RISK MANAGEMENT ~
DIVISION DIRECTOR APPROVAL: Q~ tI~J-<--.-'
.. Sheila A. Barker
TOTAL COST: 0.00
COST TO COUNTY: 0.00
REVENUE PRODUCING: Yes 0 No ~
BUDGETED: Yes ~ No 0
DOCUMENTATION: INCLUDED: ~ TO FOLLOW: 0 NOT REQUIRED: 0
DISPOSITION: AGENDA ITEM #: C - Z q
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19. 2003
Bulk Item: Yes I2J No D
Division: Manaqement Services
Department: Administrative Services
AGENDA ITEM WORDING: Rescind October 16.2002 approval of contract with
Helpline, Inc. to provide the Parents Who Care proqram.
ITEM BACKGROUND: Proqram funded 75% by Byrne law Enforcement Grant and
25% by Monroe County match. Helpline has not provided information to show that the
proqram was substantially implemented to the deqree specified in the contract and
attachments. COpy of email request for information is attached. Substance Abuse
Policy Advisory Board will meet on April 28. 2003. and may make a recommendation as
to how to use these funds.
PREVIOUS RELEVANT BOCC ACTION: Approval of contract with Helpline October 16.
2002; rescission of related contract with FDlE is also on today's aqenda.
CONTRACT/AGREEMENT CHANGES: Rescission.
STAFF RECOMMENDATION: Approval.
TOTAL COST: 0.00
BUDGETED: Yes I2J No D
SOURCE OF FUNDS: n/a
AMOUNT PER MONTH
YEAR
APPROVED BY: COUNTY A TTY I2J OMB/PURCHASING I2J RISK MANAGEMENT I2J
COST TO COUNTY: 0.00
REVENUE PRODUCING: Yes D No I2J
DIVISION DIRECTOR APPROVAL:
Sheila A. Barker
DOCUMENTATION: INCLUDED: I2J TO FOllOW: D NOT REQUIRED: D
DISPOSITION:
AGENDA ITEM #: ~ 7
Owens-David
From:
Sent:
To:
Subject:
Owens-David
Thursday, January 30, 2003 10:45 AM
'Helpline/Teenline'
addl quarterly report info needed
Rick,
Thanks for sending your quarterly report. However, there are a few things I need to add, with your help. This is
the sort of information that the County and FDLE look for each quarter in the performance reports, which will
show that the program is being conducted in the same manner as was proposed in the application.
Please list the dates of each of the five courses in the five-week class. I understand they were held at the Key
West Library. If any were held at another location, please specify.
In the budget, you included a contracted facilitator for the class, for approx. 17 hours at $60.00 per hour for a
total of $1,000.00 per class. Please list who the facilitators were for each session, and their qualifications. Also
supply, by FAX or email, copies of the invoices for their services.
The budget also included the cost of "one facilitator package and ten student packages" of $1,200.00. Please
FAX or mail me a copy of the invoice from the company that produces the Parents Who Care program for these
materials.
Except for the FAX of the invoice copies, please just email me the other information, so that I may just copy and
paste it into the narrative portion of the quarterly report, and then email to FDLE.
Thanks for your help. Let me know if there are any questions.
David P. Owens
Grants Administrator
Monroe County, Florida
305-292-4482
305-292-4515 FAX
Page 1
Owens-David
From:
Sent:
To:
Subject:
KWGuad@aol.com[SMTP:KWGuad@aol.com]
Friday, March 07, 200312:06 PM
owens-david@monroecounty-fl.com
re: Byrne Block Grant
David Owens:
We have carefully reviewed the first quarterly Byrne Grant documentation provide by our former staff person,
Richard Carey. Based on that review we do not feel that we have complied with the requirements of the Grant, and
are requesting withdrawal from our contract. Additionally, we admit that the level of funding provided by FDLE was
insufficient to adequately get the program off the ground.
HELPLINE is committed to the Parents Who Care (PWC) Program and will attempt to continue the Program
possibly using volunteers from the community. We believe that as a scientifically base program, PWC can provide
useful skills and knowledge for parents to use with their children. Based on the same model use by the Switchboard
of Miami we know it will work but it must be at a higher level of financial resources.
I hope that this action does not jeopardize our future application for Byrne Grants funding.
Lou Hernandez
Executive Director, HELPLINE
Page 1
EDWARD BYRNE MEMC. ..AL STATE AND LOCAL LAW ENFO~,-a,lENT ASSISTANCE
FORMULA GRANT FUNDS AGREEMENT
'}h ~
THIS AGREEMENT is made and entered into this / ~ - day of Oc... I ' ,
2002, by and between MONROE COUNTY, a political subdivision of the State of F:orida, whose
address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY,"
and Helpline, Inc., whose address is Post Office Box 4767, Key West, Florida 33041,
hereinafter referred to as "PROVIDER."
WITNESSETH
WHEREAS, the Florida Department of Law Enforcement has awarded a sub-grant of
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds to
the COUNTY to implement a program that provides the Parents Who Care program; and
WHEREAS, the County is in need of an implementing agency to provide said services
under this Program; and
WHEREAS, the PROVIDER is the sole provider of this program; and
WHEREAS, the COUNTY has agreed to disburse the Edward Byrne Memorial State
and Local Law Enforcement Assistance Formula Grant Funds to the PROVIDER in accordance
with the COUNTY'S application for the Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant Funds.
NOW THEREFORE, in consideration of the mutual understandings and agreements set
forth herein, the COUNTY and the PROVIDER agree as follows:
1. TERM - The term of this Agreement is from October 1, 2002, through September 30,
2003, the date of the signature by the parties notwithstanding, unless earlier terminated as
provided herein.
2. SERVICES - The PROVIDER will provide services as outlined in the COUNTY'S Anti-
Drug Abuse Sub-grant Award, attached and made a part hereof.
3. FUNDS - The total project budget to be expended by the PROVIDER in performance
of the services set forth in Section 2 of this agreement shall be the total sum of $12,649.00.
The total sum represents federal grant/state sub-grant support in the amount of S9,487.00and
local matching funds in the amount of $3,162.00, which amount shall be provided by the County
through the grant matching fund account. All funds shall be distributed and expended in
accordance with the Project Budget Narrative submitted as outlined in the grant agreement.
4. INCORPORATION BY REFERENCE - The provisions of those certain documents
entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law
Enforcement Subgrant Award Certificate and Application" therefor and all laws, rules and
regulations relating thereto are incorporated by reference, (Attachment C).
5. IMPLEMENTING AGENCY BOND - The PROVIDER is an implementing agency
under the COUNTY'S Edward Byrne Memorial State and Local Law Enforcement Assistance
Formula Grant Program, and shall be bound by all the provisions of the documents
incorporated by reference in Section 4 of this Agreement. Additionally, the PROVIDER shall be
bound by all laws, rules, and regulations relating to the COUNTY'S performance under the
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program.
6. BILLING AND PAYMENT
(a) The PROVIDER;, .JII render to the COUNTY, at the closE:. ~f each calendar month,
an itemized invoice properly dated, describing the services rendered, the cost of the services,
and all other information required by the Program Director. The original invoice shall be sent to:
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL 33040
(b) Payment shall be made after review and approval by the COUNTY within thirty (30)
days of receipt of the correct and proper invoice submitted by the PROVIDER.
7. TERMINATION - This Agreement may be terminated by either party at any time, with
or without cause, upon not less than thirty (30) days written notice delivered to the other party.
The COUNTY shall not be obligated to pay for any services provided by the PROVIDER after
the PROVIDER has received notice of termination. In the event there are any unused Edward
Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Funds, the
PROVIDER shall promptly refund those funds to the COUNTY or otherwise use such funds as
the COUNTY directs.
8. ACCESS TO FINANCIAL RECORDS - The PROVIDER shall maintain appropriate
financial records which shall be open to the public at reasonable times and under reasonable
conditions for inspection and examination and which comply with the Agreement incorporated in
Section 4 of this Agr.eement.
9. AUDIT - The PROVIDER shall submit to the COUNTY an audit report covering the
term of this Agreement, within one-hundred twenty (120) days following the Agreement's lapse
or early termination and shall also comply with all provisions of the Agreement incorporated in
Section 4 of this Agreement.
10. NOTICES - Whenever either party desires to give notice unto the other, it must be
given by written notice, sent by registered United States mail, with return receipt requested, and
sent to:
FOR COUNTY:
Monroe County Grants Administrator
1100 Simonton Street
Key West, FL 33040
FOR PROVIDER:
Lou Hernandez, Director
Helpline, Inc.
P. O. Box 2186
Key West, FL 33040
Either of the parties may change, by written notice as provided above, the addresses or
persons for receipt of notices.
11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the
Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level
sufficient to allow for the services specified herein, this Agreement may then be terminated
immediately, at the option of the COUNTY, by written notice of termination delivered in person
or by mail to the PROVIDER at its address specified above. The COUNTY shall not be
obligated to pay for any services provided by the PROVIDER after the PROVIDER has received
notice of termination.
12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services
pursuant to this Agreement, the PROVIDER shall abide by all statutes, ordinances, rules, and
regulations pertaining to, or regulating the provision of, such services, including those now in
effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State
of Florida and Article 1 of the United States Constitution, which provide that no revenue of the
state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect
or r,eligious denomination or i. .jid of any sectarian institution. Any vkJlc.ltion of said statutes,
ordinances, rules, or regulations shall constitute a material breach of this Agreement
immediately upon delivery of written notice of termination to the PROVIDER. If the PROVIDER
receives notice of material breach, it will have thirty days in order to cure the material breach of
the contract. If, after thirty (30) days, the breach has not been cured, the contract will
automatically be terminated.
13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall
assign this Agreement or any interest under this Agreement, or subcontract any of its
obligations under this Agreement, without the written consent of the other.
14. INDEPENDENT CONTRACTOR/EMPLOYEE STATUS - The PROVIDER is an
independent contractor. No statement in this agreement shall be construed so as to find the
PROVIDER, its employees, contractors, servants, volunteers, or agents to be employees of the
COUNTY. Persons employed by the PROVIDER in the performance of services and functions
pursuant to this Agreement shall have no claim to pension, worker's compensation,
unemployment compensation, civil service or other employee rights or privileges granted to the
COUNTY'S officers and employees either by operation of law or by the COUNTY.
15. INDEMNIFICATION - The PROVIDER agrees to hold harmless, indemnify, and
defend the COUNTY. its commissioners, officers, employees, and agents against any and all
claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or
related to the provision of services hereunder by the PROVIDER.
16. ENTIRE AGREEMENT
(a) It is understood and agreed that the entire Agreement of the parties is contained
herein and that this Agreement supersedes all oral agreements and negotiations between the
parties relating to the subject matter hereof as well as any previous agreements presently in
effect between the parties relating to the subject matter hereof.
(b) Any alterations, amendments, deletions, or waivers of the provisions of this
Agreement shall be valid only when expressed in writing and duly signed by the parties.
BOARD OF COUN
OF MONROE CO
OMMISSIONERS
, FLORIDA
By:
Helpline, Inc.
)~~J..~-j1 /l1 C~/
Witness f
By:' ~ ,4JtJ}-,!u<-~,-----
'i j) - tv
Title: .'. C\lec. . I ej!( ~
ATTACHMENT A
EXPENSE REIMBURSEMENT REQUIREMENTS
This document is intended to provide basic guidelines to Human Service Organizations, county travelers,
and contractual parties who have reimbursable expenses associated with Monroe County business.
These guidelines, as they relate to travel, are from Florida Statute 112.061.
A cover letter summarizing the major line items on the reimbursable expense request needs
to also contain a notarized certified statement such as:
"I certify that the attached expenses are accurate and in agreement with the records
of this organization. Furthermore, these expenses are in compliance with this organization's
contract with the Monroe County Board of County Commissioners."
Invoices should be billed to the contracting agency. Third party payments will not be
considered for reimbursement. Remember, the expense should be paid prior to requesting a
reimbursement.
Only current charges will be considered, no previous balances.
Reimbursement requests will be monitored in accordance with the level of detail in the
contract. This document should not be considered all-inclusive. The Clerk's Finance
Department reserves the right to review reimbursement requests on an individual basis.
Any questions regarding these guidelines should be directed to 305-292-3534.
Data Processing, PC Time, etc.
The vendor invoice is required for reimbursement. Inter-company allocations are not
considered reimbursable expenditures unless appropriate payroll journals for the charging
department are attached and certified.
Payroll
A certified statement verifying the accuracy and authenticity of the payroll expense is
needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or
hourly rate, total hours worked, withholding information and payroll taxes, check number
and check amount. If a Payroll Journal is not provided, the following information must be
provided: check amount, check number, date, payee, support for applicable payroll taxes.
Postage, Overnight Deliveries, Courier, etc.
A log of all postage expenses as they relate to the County contract is required for
reimbursement. For overnight or express deliveries, the vendor invoice must be included.
Rents, Leases, etc.
A copy of the rental or lease agreement is required. Deposits and advance payments are
not allowable expenses.
Reproductions, Copies, etc,
A log of copy expenses as they relate to the County contract is required for reimbursement.
The log must define the date, number of copies made, source document, purpose, and
recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the
vendor invoice and a sample of the finished product are required.
Supplies, Services, etc.
For supplies or services ordered, a vendor invoice is required.
Telefax, Fax, etc.
A fax log is required. The log must define the sender, the intended recipient, the date, the
number called, and the reason for sending the fax.
Telephone Expenses
A \-lser log of pertinent infor" .ation must be remitted including: the party called, the caller,
the telephone number, the date, and the purpose of the call.
Travel Expenses
Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of
Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061.
Credit card statements are not acceptable documentation for reimbursement. If attending a
conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the
original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to
facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel
purchases should be documented with paid receipts. Taxis are not reimbursed if taken to
arrive at a departure point: for example, taking a taxi from one's residence to the airport for
a business trip is not reimbursable. Parking is considered a reimbursable travel expense at
the destination. Airport parking during a business trip is not.
A detailed list of charges is required on the lodging invoice. Balance due must be zero.
Room must be registered and paid for by traveler. The County will only reimburse the
actual room and related bed tax. Room service, movies, and personal telephone calls are
not allowable expenses.
Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal
guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before
noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m.
for dinner reimbursement.
Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while
on County business. An odometer reading must be included on the state travel voucher for
vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For
example, driving form one's home to the airport for a business trip is not a reimbursable
expense.
Non-allowable Expenses
The following expenses are not allowable for reimbursement: capital outlay expenditures
(unless specifically included in the contract), contributions, depreciation expenses (unless
specifically included in the contract), entertainment expenses, fundraising, non-sufficient
check charges, penalties and fines.
ATTACHMENT B .
ORGANIZATION
LETTERH EAD
Monroe County Board of County Commissioners
Finance Department
500 Whitehead Street
Key West, FL 33040
Date
The following is a summary of the expenses for ( Organization name) for the time
period of to
Check # Payee Reason Amount
101 Company A Rent $ X,XXX.XX
102 Company B Utilities XXX. XX
104 Employee A P/R ending 05/14/01 XXX. XX
105 - Employee B P/R ending OS/28/01 XXX. XX
(A) Total $ X.XXX.XX
(B) Total prior payments $ X,XXX.XX
(C) Total requested and paid (A + B) $ X,XXX.XX
(D) Total contract amount $ X,XXX.XX
Balance of contract (D-C) $ X.XXX.XX
I certify that the above checks have been submitted to the vendors as noted and
that the expenses are accurate and in agreement with the records of this
organization. Furthermore, these expenses are in compliance with this
organization's contract with the Monroe County Board of County Commissioners and
will not be submitted for reimbursement to any other funding source.
Executive Director
Attachments (supporting documentation)
Sworn to and subscribed before me this _ day of 2001
by who is personally known to me.
Notary Public
Notary Stamp
SWORN ~. ATEMENT UNDER ORDINANCE NO. .0-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
, ji)(J. ~0"'r< ,dez- warrants that helit has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance NO.1 0-1990 or any County officer or employee in violation of
Section 3 of Ordinance NO.1 0-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
~ ,<~H~ ri---
(~/t t.f / D '--
Date:
STATE OF )
~
~L~
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COUNTY OF f
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
· <r) O'J.<- <-rL>U2-~ who, after first being swom by me, affixed his/her
signature (name of individual signing) in the space provided above on this ..1<:2 <,f..,L.t..day of
, (PC-~ , 20 0.<..... ( " ( ,/ C
,"{~ is, ~,uSIj~
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4
j l'J!.-;~.:!;t... BECKY D. HER,NAND~~AUER
~ N ~ ~.~ MY COMMISSIOf>f# CC 958916
f ;~.~.~; :X?fRes: August 7. 2004
j ..:t;.?r.,r..~" Sondid Thru Nell,." ~ublic Und."",....
I 311C ENTITY CRIME STATEMEN-.
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list."
F~LE
Office of Criminal Justice Grants
~L1i1ing Address:
Offic~ of Criminal Justice GUIlts
Florida. D~pJ.rtm~nt ofl..1w Enforcem.:nt
2331 Phillips Road -
TallJ.hJ.SSe~. Florida. 32308
(350) 410-8iOO
Florida Department of
Law Enforcement
James T. "Tim" Moore
Commissioner
September 13, 2002
The Honorable Charles McCoy
Mayor, Monroe County Board of
County Commissio!1ers
500 Whitehead Street
Key West, Florida 33040
Re: 03-CJ-5A-11-54-01-110 / Parents \Vho Care Substance
Abuse Prevention I
Dear Mayor McCoy:
The Florida Department of Law Enforcement is pleased to award a Byrne State and Local
Law Enforcement Formula Grant in the amount of $9,487 to your unit of government.
These funds shall be utilized to implement a Byrne Program under Purpose Area 04A-
Community Crime Prevention.
A copy of the approved sub grant application with the above referenced grant number
and project title is enclosed for your file. All correspondence with the Department should
always refer to the grant number and project title.
Your attention is directed to Section G of the subgrant, "Acceptance and Agreement".
These conditions should be reviewed carefully by those persons responsible for project
administration to avoid delays in project completion and cost reimbursements. Also, you
should review the enclosed Subgrant Award Certificate. This certificate contains important
information that applies to this award.
The enclosed Certificate of Acceptance should be completed and returned to the Department
within 30 calendar days from the date of award. This certificate constitutes official acceptance
of the award and must be received by the Department prior to the reimbursement of any
project expenditures.
Committed to
Service . Integrity . Respect - Quality
The Honorable Charles 1tIcCoy
Page Two
\Ve look fOfVIard to working with you on this project. Ifwe can be of further assistance,
please contact Beth Hamilton at (850)410-8700.
Sincerely,
~iiwtL~
Community Program Administrator
CHWIBR'mg
Enclosures
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
Byrne Formula Grant Program
CERTIFICATE OF ACCEPTANCE OF SUB GRANT AWARD
The subgrantee, through its authorized representative,
acknowledges receipt and acceptance of subgrant award number
03-CJ-SA-11-S4-01-110 in the amount of $9,487,
for a project entitled: Parents Who Care Substance
Abuse Prevention I
for the period of 10/01/2002 through 09/30/2003, to be implemented
in accordance with the approved subgrant application, and subject to
the Florida Department of Law Enforcement's conditions of acceptance
.and agreement and special conditions governing this subgrant.
(Signature of Authorized Official)
(Date of Acceptance)
(Typed Name of Official)
(Typed Title of Official)
Monroe County
(Name of Subgrantee)
state of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
Byrne Formula Grant Program
SUB GRANT AWARD CERTIFICATE
Subgrantee: Monroe County Board of Commissioners
Date of Award: September 13. 2002
Grant Period: From: 10/01/2002 To: 09/30/2003
Project Title: Parents Who Care Substance
Abuse Prevention I
Grant Number: 03-CJ-5A-11-54-01-110
Federal Funds: $9,487.00
state Agency Match:
Local Agency Match: $3,163.00
Total Project Cost: $12,650.00
Program Area: 04A
Award is hereby made in the amount and for the period shown above
of a subgrant 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 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 maybe 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.
03-CJ-SA-11-54-01-110
SUBGR:a.NT 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.
QQ~.Jwc 1:1.. ~
Author~zed Off1c1al
Clayton H. Wilder
Community Program Administrator
q-/3 - u2-
Date
Application for Funding Assistance
Florida Department of Law Enforcement _
Ecward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
Please read instructions before completing this application.
.~ ~', I - 4 2 ~ : 2
I
The :er.-n "Department". unless otherwise stated. refers to the Department of Law Enforcement. :
The :e,:01 "OCJG" refers to the Office of Criminal Justice Grants.
~-"'.'-"'-'
The :2,:01 "subgrant recipient" or .subgrantee" refers to the governing body of a city. count-I. state agency. or an Incian
Tribe t:'lat performs criminal justice functions as determined by the U.S. Secretar! of the Interior.
The term "implementing agency" is a subordinate agency of a city. county. state agency. or Indian Tribe. or an agency
under the direction of an elected official (for examole. Sheriff or Clerk of the Court).
A. Subgrant Data
1. This section to be completed by Subgrantee
Continuation of Previous Subgrant? eYes G No
If Yes. enter CJ Contract # of Previous Subgrant
SFY 2002 CJ Contract #
2002 - CJ -
- - - -
-----
I 2. This section to be completed by OCJG
1 Project ID # I Program Area #: I CFDA #:
).,001--11.0 tlL.f1t
I SFY 2003 CJ Contract #
2003 - CJ -5cl-lL - 2:l: - QJ - ill
I
I
16.579 I
I
I
B. Applicant Information
1. Subgrant Recipient (SubClrantee)
Name of Subgrant Recipient (Unit of Government): Monroe County Board of County
Commissioners
County
Monroe
Name of Chief Elected Official I State Agency Head: Charles L. .Sonny. McCoy
7itle: Mayor
E-mail Address:jlrobert@mail.state.f1.us
Area Code I Phone #.
305-292-3430
SUNCOM #
Area Code I Fax #.
305-292-3577
I
County
Monroe
Area Code I Phone #. I
305-292-3550
SUNCOM #
P.,rea Code; Fax ;;. I
305-295-3663
i
County I
I
I
Monroe I
Area Code I Phone #. i
305-292-4441 I
I SUNCOM # \
Area Code I r ax ;;. I
305-292-4544
Address: 500 Whitehead Street
City, County, State, Zip Code: Key West, FL 33040
E-mail Address:boccdis3@mail.stateJl.us
2. Chief Financial Officer of Subgrant Recipient (Subgrantee)
~Jame of Chief Financial Officer: Danny Kolhage
Title: Clerk of the Court, Monroe County
Address: 500 Whitehead Street
City, County, State, Zip Code: Key West, FL 33040
E-mail Address:
3. Imolementing Agencv
Name of Implementing Agency: Monroe County Board of County Commissioners
Name of Chief Executive Official I State Agency Head I Subgrantee representative
(if a subordinate agency of the subgrant recipient): James L. Roberts
Title: County Administrator
Address: 1100 Simonton Street
City, County, State, Zip Code: Key West, FL 33040
FDLE Byrne Formula Grant Application Package
Re',ised 03/25/2002
Grant Aoo/ieation
Section 1/. Page 1
Application for Funding Assistance
Florida Department of La':; Enforcement
Edward 6'1rne Memori31 State and Local La'.'; Enforcement Assis:.lnce Formula Grant Prcaram
4. Project Director
~Jame of Project Director: David P. Owens
(Implementing Agency Em;::/oyee)
Count';
Title: Grants Administrator
1,1onroe
Address: 1100 Simonton Street
Are3 Cote / j=hane ~
305 -2 9 2-4.13 2
SU,'KOM ;:;.
Cry. County, State. Zip Cede: Key West. FL 33C":0
E-mail Address:mcgrnts@mail.state.n.us
Area Code I Fax #.
305-292-4515
5. Contact Person
Name of Contact Person: Da'lid P. Owens
(if other than Project Direct:::r)
County
Title: Grants Administrator I /'~onrae
Address: 1100 Simonton Street A.re3 Coce / ?hcila #.
- 305-292-4482
City. County. State. Zip Code: Key West. FL SUNCOM # I
E-mail Address: mcgrnts@mail.state.f1.us I Area Coee I Fax ;;.
305-292-4515
6. Person Responsible For Financial Reporting (if known)
Name: David P. Owens I
I County
Title: Grants Administrator I Monroe
Address: 1100 Simonton Street Area Code I Phone # I
305-292-4482 I
City, County, State. Zip Coce: Key West, FL 33040 SUNCOI'vl # I
E-mail Address: mcgrnts@mail.statefl.us I Area Coce / Fax #-
305-292-4515
7. Person Responsible For Programmatic Performance Reporting (if known) I
Name: David P. Owens County
Title: Grants Administrator Monroe
Address' 1100 Simonton St.eet , Area Code / Phone #
I 305.292-4'::82
City. County. State. Zip Code: Key West. FL 33040 I SU".COM #. I
I Ar:?3 Co:::: I ,=a:< r;.
E-mail Address: mcgrnts@mail.state.flus I
305-292-45 i 5
FDLE Byrne Formula Gr.1nt Application PiJcka<]c
Re',ised 03/25.'2002
GraM Application
S~,;(i0n 1/. p~;~ :?
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram
C. Administrative Data I
1. Project Title: Parents Who Care Substance Abuse Prevention I
2. Identify the year of the project (I, II, III. etc.) I
3. Project period I Start: October 1. 2002 \ End: September 30,2003
D. Fiscal Data I
1. (If other than the Chief Financial Officer) Remit Warrant to: I
I
Name: David P. Owens County
Title: Grants Administrator Monroe
Address: 1100 Simonton Street Area Code I Phone ;;.
305-292-4432
City. County, Sta.te, Zip Code: Key West. FL 33040 SUNCOM # I
E-mail Address: mcgmts@mail.state.fl.us Area Code I Fax #- I
305-292-4515
2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer proqram?
(Reimbursement cannot be remitted to any entity other than the subgrantee.)
Yes XX No
3. Frequency of Fiscal Reporting: Monthly_ Quarterly XX
4. Vendor#-: 596000749
5. State Agency SAMAS #:
6. Project Generated Income (PGI):
Will the project earn PGI? (See Section G. Item 9.) Yes - No ~
7. Cash Advance: Will you request an advance?
Yes_ Amount No XX
If yes, a letter of request must be submitted with the application or prior to submission of the first claim for
reimbursement.
FDLE Byrne Formula Grant Application Package
Revised 03/25/2002
Grant Application
Section If . Page J
1-.1
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
E. Pro'ect Narrative
1. Problem Identification: Briefly describe a specific problem to be addressed with
subgrant funds in terms of Problem Description, Problem Significance and Needs
Assessment, as described in the application instructions. Continue narrative on a
second a e if necessa . Do not exceed two aaes.
HELPLINE, Inc. has identified the following need for substance abuse prevention for youth
and adults who work with youth.
The 1999 Monroe County Youth Risk Behavior Survey indicated the following problem areas:
1. 31 % of students consumed their first drink of alcohol by age 12.
2. 58% of students had at least one drink of alcohol during the 30 days preceding the
survey (current users).
3. 37% of students had five or more drinks of alcohol in a row on one or more of the 30
days preceding the survey (episodic heavy drinking).
4. 65% of students had tried cigarette smoking.
5. 14% of students had made a specific plan to attempt suicide during the 12 months
preceding the survey.
6. 56% of students had sexual intercourse during their lifetime (sexual experience).
7. 17% of students had four or more sex partners during their lifetime.
8. 6% of students reported that they had been pregnant or got someone pregnant.
9. 52% of students had used marijuana during their lifetime.
10. 12% of students had used some form of cocaine during their lifetime.
Having recognized the need for innovative prevention that really works, HELPLINE presents
the Parents Who Care (PWC) program of Monroe County. Based on the above-mentioned
problems, phone calls by parents, teens and adults who work with youth, the PWC program
addresses the void of families and caregivers working together for prevention. The facts are
clear, young people face many of the same problems adults face; however, resources to our
youth are often limited and unavailable. The PWC plan, in partnership with Monroe County
Schools, enables parents, teachers and young adults to get the help they need when they need
it. Through the gains made by TEENlINE, many parents and youth leaders have asked to
learn more about substance abuse and how they can help prevent it. Parents Who Care,
guides and trains families, educators and community leaders to better understand the fight
against substance abuse.
FDLE B me Formula Grant A lication P<lcka e
Revised 03/25/2002
Granr A /ic<lrion
Section 11- Page <:
Application for Funding Assistance
Florida Dep;:\rtmcnt of La'.'! Enforcement
Ed'//;:\rd Byrne Memorial State and Local L;:\w Enforcement Assistance Formul,] Grant Program
1. Project Description: Brieny describe proposed project actl'ii:ies. Refer to Appendix II, Part
1. Pages 1-3 for a description of eligible project areas). You should include project goals.
administration, enhancement/expansion. staff. service prJ'/iders. c1ier,ts or other
participants, equipment, location, and expected project results. as cesc:ribed in the
application instructions
This section should address the basic points of who. what. \vhen, where, and how.
Continue on additional aoes if necessa ; do not exceed three aoes.
Parents Who Care (PWC) - fl, science based substance abuse program for youth and
adults who work with youth, continues beyond the phone lines and into the home. PINC
builds educational skills for families and adults with adolescents between the ages of 12-
16. The objective of PWC is to reduce risk factors and strengthen protective factors that
are known to predict later alcohol and other drug use, delinquency. violent behavior, and
other behavior:al problems in adolescence. The PWC program is grounded theoretically
in the social development model which emphasizes that young people should experience
opportunities for active involvement in family. school and community. should develop
skills for success. and should be given recognition and reinforcement for positive effort
and improvement. PWC focuses on strengthening family bonds and establishing clear
standards for behavior, helping youth, parents and caregivers manage adolescence
growth towards independence. In this process, PWC seeks to change specific risk and
protective factors for problem behaviors in the family and peer domains: parent and
sibling drug use, positive parental attitudes toward drug use, poor and inconsistent family
management practices, family conflict, low family communication and involvement, family
bonding and association with delinquent and drug L:sing peers.
The program is structured around three major topics: 1) setting the stage. which covers
the importance of risk and protective factors; 2) the power of communication; and 3)
family management.
Taroet population - participants in the Parents 'Nho Care program are families and youth
caregivers of adolescents age 12-16. Selection for the training will be open to all
residents of Monroe County. Involvement of youth and adults who work with youth to
provide substance abuse prevention is the goal of PWC. TEENLlNE has had a direct
impact in substance abuse identification and prevention. As a result, many parents and
adults involved with TEENLlNE have aSKed to learn more about substance abuse
prevention and recognition.
The more parents and youth caregivers know about teens habits, peers. experimentation
and beliefs the more successful substance a:Juse prevention will be. Parents are "the
anti-drug".
Parent DarticiDation - currently 10 TEENLlf\!E & H=LPLlNE parents and adults have
been identified to undertake The Parents VI/no Care Training
The curriculum lasts 5 weeks and Vlill be conducted in Nov 2002 and Mar 2J03.
FDLE Byme Formula Grant Application PJckaqe
Re.,iscc: 03!25i2002
Grant Apolication
S ~ctio" 11 - Pa:;;'2 5
Application for Funding Assistance
Florida Department of law Enforcement
Edward Byrne Memorial State and local law Enforcement Assistance Formula Grant Program
with a direct link to substance abuse prevention. For the first time youth and adults who
work youth were able call the hotline and get immediate help for drug, alcohol or _
addiction problems. TEENLlNE, remains one of the only non- school based substance
abuse prevention programs in the County, allowing families and youth c2regivers 24/7
access to prevention services. Teen and adult volunteers are trained to recognize the
various signs, types and issues pertaining to abuse. Once identified, the caller is given
anonymous and confidential guidance on where, when and how they ca.l get help. In
addition, TEENlINE produces a monthly television program that deals cirectly with
substance abuse and other teen issues. The format brings young people, caregivers
and families together to discuss, debate and decide what is best for OL;r youth. The
show is aired on AT&T Channel 19 and is written and directed by teens, supervised by
the TEENLlNE Program Coordinator.
Services orovided - Basic information/referral, and crisis intervention ser';ices are
provided to all areas of the Keys by use of a toll free 1-800 telephone line, 296-HELP
(hotline). 292-8440 (TEENLlNE), Alcoholic Anonymous. Narcotics Ancnymous,
ALANON & Ala-teen information lines. All phone numbers are advertised throughout
the Keys and provide direct substance abuse prevention services.
Qualifications & Credentials - HELPLINE is a licensed youth and adult substance abuse
provider by the Department of Children & Families and has been in existence since
1982. All youth and adult volunteers must undergo 32 hours of classroom instruction
followed by 12 hours of on the job training. In - service training augments new and
updated information. Instruction is conducted by The Monroe County Health
Department. The Care Center for Mental Health, The Domestic Abuse Shelter, Monroe
County Social Services. AA, NA. The Florida Keys Children's Shelter and other local
agencies. TEENlINE operates under a partnership agreement with Monroe County
District Schools.
Accountabilitv - All administrative and financial records are audited yearly in
accordance to law. HELPLINE programs, data and reporting procedures are reviewed
by The Department of Children & Families and monitored by The Florida Attorney
General's Office.
HELPLINE. Inc. was incorporated under the not-far-profit statutes of the State of Florida
to provide a 24-hour crisis intervention, counseling and referral service in Key West and
the Florida Keys.
HELPLINE. Inc. follows standards of accounting and financial reported prescribed for
voluntary health and welfare agencies. It uses the accrual basis of accounting, which
recognizes revenue when earned and expenses when incurred. Local government and
public grants are recorded as support when performance Occurs under the terms of the
grant agreement.
HELPLINE, Inc. will furnish existing computer and electronic communication and office
space for this project.
FDLE B me Formula Grant A lication Packa e
Revised 03/25/2002
Grant A lic3tion
Section 1/ . Page 6
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memori.J1 State and Local Law Enforcement Assistance Formula Grant Proqram
Hel line
1. Proqram Objectives and Performance Measures: Up to three types of objectives may I
be included in this section of your subgrant application, i.e., Uniform Objectives, Project-
Specific Objectives and Self.Generated Objectives. If you are proposing a project in one
of the Authorized Program Areas with no Uniform Objectives. contact FDLE, Office of
Criminal Justice Grants. at (850) 410-8700 for further guidance. Continue on a second
a e if necessa .
a. List the number and title of the Program Area to be addressed. Refer to Appendix II,
Part II, for a listing of authorized program areas.
04A
Community Crime Prevention
(#)
(Title)
b. list Uniform Objectives first, followed by any other appropriate objectives you may wish
to address. If additional objectives are included, please identify whether they are
Project Specific or Self-Generated Objectives. Uniform and Project Specific Objectives
form the basis for collection of data and quarterly performance reporting.
Uniform Objectives (Mandatory, copy as worded for the program area addressed
and include all appropriate questions).
04A.02
Present 2 (two) crime and substance abuse prevention education classes.
Part 1 - During this reporting period, how many crime prevention and substance abuse
education classes were presented? (Briefly discuss these classes in the narrative.]
(each class is designed to be led by a facilitator and taught once a week in five sessions
lasting one to two hours each; includes worKbook, videos, etc.)
FOtE Byrne Formula Grant Application Package
Revised 03/25/2002
Grant Application
Section II- Page 7
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram
4. Activity Implementation Schedule. Complete the Activity Implementation Sche-::ule sho'.ving wh"en activities
in the Program Description will commerlce and how the project will progress. This char: benchmarks planned
activities. both administrative and programmatic.;on .X. has been inserted for reports \',;th mandatory dt.;e dates
for all projects. Place an additional .X' to indicate times applicable to your project, as illustrated for G'Jarter!y
program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your
Quarterly Performance Re(;:orts will be re'/iewed against this schedule.
Subgrant Period I
October 1, 2002 throueh Seotember 30 2003
(Beginning Date - Ending Date)
Administrati'/e Activities
ACTIVITY I Oct I Nov Dee I Jan I Feb Mar Aor Mav Jun I Jul I Auq I Seo
I I I I I I I I I . . I
Submit Financial Reimbursement X X X X
Requests
Submit Financial Closeout Package I I X I I I I , I I
Submit Quarterly Program Reports (~) I I(~)I I X I I X I
(03) (03)
Submit Quarterly PGI Reports I I I I I I I
(If applicable)
Programmatic Activities
(Continue on a second page if necessary.)
Be sure to include activities mentioned in the Project Description
ACTIVITY Oct Nov Dee I Jan Feb Mar Apr I May Jun I Jul , Aug I Sep
Prepare, advertise. schedule. setup. and I X I I , X I I I I
recruit for Parents "'1ho Care Class
Conduct Parents Who Care Class (5 I I X I I X I , I
weeks)
I I I I I I I I
I I I I I
I I I I ,
I , I , I I I I I I I
I
I I i I I I I I I I I
i
I I I I I I I I I I I I I
I
i
I I I I I I I I I
I
FDLE B me Formula Grant A lication Packa e
Revised 03/25/2002
Gr:ln( A ollcalion
S~cl/on 1/ . P3C;~ '"8
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
F. Project Budget
1. Budget Schedule
a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits. Contractual
Services, Expenses. Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Total Local
Match must be a minimum of 25% of the Total Budget.
b. Enter the amount of federal, matching. and total funds by budget category that you will use to support
project activities. Enter dollar amounts only in applicable categories based on totals from the Budget
Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total
Budget
c. Show all figures rounded to the next highest dollar: do not include cents.
(Example $4,505.25 as $4.506).
Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank.
Budget Category
Federal
Match
Total
Salaries And Benefits
Contractual Services
9,487.00
3.163.00
12.650.00
Expenses
Operating Capital Outlay
Indirect Costs
T etals
$9,487.00
$3, 163.00
$ 12,650.00
FeLE Byrne Fonnula Grant Application Package
Grant Application
CJ
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram
2. Budget Narrative
a.
The Project Budget Narrative may renect costs in any of the five budget categories (Salaries and Benefits
Contractual Services. Expenses, Operating Capital Outlay. Indirect Costs). The Total P~oject Costs should
be included.
b.
You must describe the line items for each applicable budget category for which you are requesting subgrant
funding. Provide sufficient detail to show cost relationships to project activities. Reimcursements will only
be made for items clearly identified in the budget narrative.
c.
Costs must not be allocated or included as a cost to any other federally financed program.
(Continue on additional cages if necessary)
Please respond to the followmg five items before providing the Budget Narrative.
1. Identify your Speoifio sources of matching funds. (Source of match must be cash and represent no less
than twenty-five (25) percent of the project's cost.]
HELPLINE receives funding United Way, Department of Children and Families, Florida Attorney General,
private trust funds and donations.
2. If Salaries and Benefits are included in the budget as Actual Costs for staff in the implementing agency. is
there a net personnel increase. or a continued net personnel increase from the initial year?
No: If no, please explain.
Yes: X If yes, please list number and title of position and type of benefits. HELPLINE will see
a net increase of one part-time position to coordinate the PWC program.
3. Indicate the OCO threshold established.by the subgrantee. $750,00
4. If Indirect Cost is included in your budget please indicate the basis for the plan (e.g. percent of salaries
and benefits), and provide documentation of the appropriate approval of this plan.
Local Match provided by the Monroe County Grants Matching Funds. Purchasing methods to be used will conform to
existing Federal, State, and Local laws and regulations.
Salary of coordinator
FICA
3,428.00 ($21.43 per hour, times 160 hours)
262.00
3690.00 x 2= $7,380.00 Total Salaries and Benefits $ 7,380.00
Contracted facilitator for one (1) class (approx. 17 hours at $60.00/hour)1.000.00 x 2= $2.000
Total Contractual Services
Expenses
One facilitator package and ten student paCkages
Estimated cost per five week class:
Advertising
Travel
Phone
$ 2,000.00
1,200.00
300.00
75.00
60.00
$ 1,535.00 X 2 = 3,270.00
Total Expenses
Total Budget
$ 3.270.00
$ 12,650.00
Summary Information only- Not a Unit Cost Budget
Two five week classes, at a maximum cost of $6,325.00 each, must be completed, with a minimum of ten
students in each. $ 5,325 x 2= $12,550.00
Byrne grant funds: $9,487.00
County general revenue fund Match: $3.163.00
Total: $ 12,650.00
There will be a net personnel increase to coordinate this program. The PWC Coordinator will be responsible for setting
up training, submitting all data and FDLE requirements, organizing and setting up program and responsible to the
HELPLINE Program Coordinator.
Monroe County will contract with Helpline Inc. for this project.
FDLE 8 e Formula Grant A lieat/on Paeka e
Grant A "cation
/0
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
G. Conditions of Acceptance and Agreement
Conditions of agreement requiring compliance by units of local go'/ernment (subgrant recipients), implementing
agencies and state agencies upon signed acceptance of the subgrant award a::pear in this section. Upon approval
of this subgrant. the approved application and the following terms of conditions will become ~incing. Failure to
comply with provisions of this agreement will result in rec;uired corrective action up to and inciucing project costs
being disallowed and termination of the project. as specified in item 16 of this section.
1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the
current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide.
2. Reports
a. Project Performance Reports
The subgrant recipient shall submit Quarterly Project Performance P,eports to OCJG by February 1, May
1, August 1. and within forty-five (45) days after the subgrant termination date. In accition, if the subgrant
award period is extended beyond the "original" project period, adcitional Quarterly Project Performance
Reports shall be submitted.
Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in
sanctions, as. specified in item 16 of Section G. performance of Agreement Provisions.
b. Financial Reports
(1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial
Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after
the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days
after the end of the reporting period. In addition. if the subgrant award periOd is extended. additional
Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice
Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the
subgrant termination period. Such claim shall be distinctly identified as "final".
(2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim
Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient
shall submit either monthly or quarterly claims in order to report current project costs. Reports are to
be submitted even when no reimbursement is being requested.
(3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit.
(4) Before the "final" claim will be processed, the subgrant recipient must submit to the Department all
outstanding project reports and must have satisfied all special conditions. Failure to comply with the
above provisions shall result in forfeiture of reimbursement.
(5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February
1. May 1. August 1, and within forty-five (45) days after the subgrant termination date covering
subgrant project generated income and expenditures during the previous quarter. (See Item 9.
Program Income.)
c. Other Reports
The subgrant recipient shall submit other reports as may be reasonably required by OCJG.
3. Fiscal Control and Fund Accounting Procedures
a. The subgrant 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 OCJG.
FDL.E Byrne Formula Grant Application Package
Revised 03/25/2002
Grant Application
Secrion /I . Page 11
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial St:lte and Loc<ll L<lw Enforcement Assistance Formula Grant Proqram
b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S.
Department of Justice Common Rule for State and Local Governments. and federal Office of Management
and Budget's (OMS) Circulars A-21, A-87, and A-ltO. in their entiret'!.
c. All funds not spent according to this agreement shall be subject to repajment by tr,e subgrant recipient.
4. 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.
5. Obligation of Subgrant Recipient Funds .
Subgrant funds shall not under any circumstances be obligated prior to the effecti'/e date :r subsequent to the
termination date of the subgrant period. Only project costs incurred on or after the effective :::ate and en or prior
to the termination date of the subgrant recipient's project are eligible for reimbursement.
6. Advance Funding
Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project
according to Section 216.181 (16)(b). Florida Statutes. the OJP Financial Guide. and the U.S. Department of
Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant
recipient upon a written request to the Department justifying the need for such funds. This request, including
the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to
the first request for reimbursement.
7. Reimbursement Subject to Available Funds
The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available
federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds.
8. Travel and Training
a. 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. Subgrant recipients shall obtain written
approval from the Department for reimbursement of training costs and related travel prior to
commencement of training. if the specific training was not listed in the approved budget.
b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in
Section 112.061, Florida Statutes.
c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida
Statutes.
9. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general principles
of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department
of Justice Common Rule for State And Local Govemments and federal OMB Circular A-87, "Cost Pn'ncipfes
for State. Local and Indian Tribal Govemments", or OMB Circular A-21, "Cost Principles for Educational
Institutions".
b. All procedures employed in the use of federal funds to procure services. supplies or equipment, shall be
according to U.S. Department of Justice Common Rule (or State and Local Governments, or OMB Circular
A-110 and Florida law to be eligible for reimbursement.
10. Program Income (also known as Project Generated Income)
Program income means the gross income earned by the subgrant recipient during the subgrant period. as a
direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide
FDLE B me Formufa Grant A fication Packa e
Revised 03/25/2002
GraM A ofication
Section If - Page 12
Application forFunding Assistance
Florida Department of Law Enforcement
Edw'ard Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
and U.S. Department of Justice Common Rule for State and Local Governments (referer.ce 31 CFR Part 206
- Management of Federal Agency Receipts. Disbursements. and Operation of The Cash Management
Improvement Fund).
11. Approval of Consultant Contracts'
The Department shall review and approve in writing all consultant ccntracts prior to employment of a consultant
when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall
be based upon the contract's compliance with requirements found in tr.e OJP Financial Guide, U.S. Department
of Justice Common Rule for State and Local Governments. and in applicable state statutes. The Department's
approval of the subgrant recipient agreement does not constitute approval of consultant contracts.
12. Property Accountability
a. The subgrant recipient agrees to use all non-e;<pencacle property for criminal justice purposes during its
useful life or request Department disposition.
b. The subgrant recipient shall establish and administer a syster:1 to protect, preser/e. use, maintain and
dispose of any property furnished to it by the Department or purchased pursuar.t to this agreement
according to federal property management stancards set forth in the OJP Financial Guide, U.S.
Department of Justice Common Rule for State and Lecal Govemments or the federal OMB Circular A-110.
This obligation continues as long as the subgrant recipient retains the property, norNithstanding expiration
of this agreement.
13. 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 OJP Financial Guide, and the U.S. Department of Justice
Common Rule for State and Local Governments, or the federal OMS Circular A-110.
14. Copyright
The awarding agency reserves a royalty-free non-exclusi'/e. and irrevocable license to reproduce, publish, or
otherwise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support
funded under this grant agreement.
15. Audit
a. Subgrant recipients that expend S300,000 or more in a year in Federal awards shall have a single or
program-specific audit conducted for that year. The audit shall be performed in accordance with the
federal OMS Circular A-133 and other applicable federal law. The contract for this agreement shall be
identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be
identified as federal funds passed through the Florida Department of Law Enforcement and include the
contract number, CFDA number, award amount. contract period, funds received and disbursed. When
applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of
Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor
General.
b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted
within 30 days after its completion, but no later than nine (9) 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 subgrant recipient.
c. The subgrant 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 subgrant 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.
FDLE Byrne Formula Grant Application Package
Revised 03/25/2002
Grant Application
Sec tion 11 - Page 1 J
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
e. The subgrant recipient shall ensure that audit working papers are made available to the Department. or
its designee, upon request for a period of three (3) years from the date the audit report is issued. unless
extended in writing by the Department.
f. Subgrant recipients that expend less than S300.000 in Federal awards during a fiscal year are exempt from
the audit requirements of OB/I,I Circular A-133 for that fiscal year. In this case. written notification shall be
provided to the Department by the Chief Financial Officer. or designee. that the subgrant recipient is
exempt. This notice shall be provided to the Department no later than March 1 following the end of the
fiscal year.
g. If this agreement is closed out without an audit, the Department reser/es the right to recover any
disallowed costs identified in an audit completed after such closeout.
h. The completed audit report or notification of non-applicability should be sent to the following address:
Florida Department of Law Enforcement
Office of Inspector General
Post Office Box 1489
Tallahassee, Florida 32302-1489
16. Performance of Agreement Provisions
In the event of default. non-compliance or violation of any provision of this agreement by the subgrant recipient,
the subgrant 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 subgrant recipient of its decision thirty (30) days
in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services
satisfactorily performed prior to the effective date of such sanction.
17. Commencement of Project
a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant
recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request
a revised project starting date.
b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant
recipient shall send another letter to OCJG, again explaining the reason for delay and request another
revised project starting date.
c. 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 re-obligate 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.
18. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant 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 subgrant
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 subgrant recipient.
Such causes include, but are not limited to. acts of God or of the public enemy, acts of the government in
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either its sovereign or contractual capacity. fires, noods. 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 subgrant recipient.
b. 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 contrel of subgrant recipient and consultant, and without fault or
negligence of either of them, the subgrant recipient shall not be deemed in default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other sources.
(2) The Department ordered the subgrant recipient in writing to procure such supplies or services from
other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant 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.
19. Extension of a Contract for Contractual Services
Extension of a contract for contractual services between the subgrant 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.
20. Written Approval of Changes in this Approved Agreement
Subgrant recipients shall obtain approval from the Department for major changes. These include, but are not
limited to:
a. Changes in project activities, target populations, implementation schedules, designs or research plans set
forth in the approved agreement;
b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds
between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the
total approved budget and the transfer is made to an approved budget 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. Transfers do not allow for increasing the quantitative number of items documented in any
approved budget item, Le., increasing the quantity of equipment items in Operating Capital Outlay or
Expense categories, or staff positions in the Salaries and Benefits category.}
d. Under no circumstances can transfers of funds increase the total budgeted award.
21. Disputes and Appeals
a. 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 subgrant recipient shall proceed diligently with the performance of this agreement according to the
Department's decision.
b. If the subgrant recipient appeals the Department's decision. the appeal also shall be made in writing within
twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to
appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth
in Rule 28-106.104. Florida Administrative Code. Failure to appeal within this time frame constitutes a
waiver of proceedings under Chapter 120, Florida Statutes.
22. 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
Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege
of visiting the project site to monitor, inspect and assess work performed under this agreement.
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23. Access To Records
a. The Department of Law Enforcement. the Auditor General of the State of Florida. the U.S. Department of
Justice. the U.S. Comptroller General or any of their duly authorized representatives. shall have access
to books. documents. papers and records of the su!:::grant recipient. implementing agency and contractors
for the purpose of audit and examination according to the OJP Financial Guice. and the U.S. Department
of Justice Common Rule for State and Local Governments.
b. The Department reserves the right to unilaterally terminate this agreement if the subgrant 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
subgrant recipient or its contractor in conjunction with this agreement.
24. Retention of Records
The subgrant 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.
25. Signature Authority
Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official. Administrator or Designated Representative who sign Section I. Signature Page. have the
authority to request changes to the approved agreement. The Project Director has authority to submit
Financial and Performance Reports. with the exception of the Closeout Package, which also requires the
signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some other staff
person signature authority for him/her, the chief officer or elected official must submit to the department a letter
or resolution indicating the staff person given signature authority. The letter indicating delegation of signature
authority must be signed by the chief officer or elected official and the person receiving signature authority.
27. Pe~onnelChanges
Upon implementation of the project, in the event there is a change in Chief Executive Officers for the
Subgrantee or Implementing Agency, Project Director, or Contact Person. the OCJG must be notified in writing
with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by law for
employment, unless otherwise provided by law. the provisions of Chapter 435, Florida Statutes shall apply.
a. All positions in programs providing care to children, the developmentally disabled. or vulnerable adults for
15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline;
and all persons working under contract who have access to abuse records are deemed to be persons and
positions of special trust or responsibility and require employment screening pursuant to Chapter 435. F.S..
using the level 2 standards set forth in that chapter.
b. All employees in positions designated by law as positions of trust or responsibility shall be required to
undergo security background investigations as a condition of employment and continued employment. For
the purposes of the subsection. security background investigations shall include. but not be limited to.
employment history checks, fingerprinting for all purposes and checks in this subsection. statewide criminal
and juvenile records checks through the Florida Department of Law Enforcement. and federal criminal
records checks through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and who refuses
to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for
employment in such position or. if employed. shall be dismissed.
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(2) Such background investigations shall be conducted at the e:<oense of the employing agency. When
fingerprinting is required, the fingerprints of the employee or applicant for employment. shall be
taken by the employing agency or by an authorized law enforcement officer and submitted to the
Department of Law Enforcement for processing and forNarding. when requested by the employing
agency, to the United States Department of Justice for processing. The em~loying agenc: shall
reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the
fingerprints.
29. Drug Court Projects
a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements
outlined in the U.S. Department of Justice, Office of Justice Programs. Drug Courts Program Office.
program guidelines "Defining Drug Courts: The Key Components". January 1997. This document can be
obtained from FDLE, Office of Criminal Justice Grants. at (850) 410-8700.
b. To ensure more effective management and evaluation of drug court programs. the subgrant recipient
agrees that drug court programs funded with this award shall collect and maintain follow-up data on
criminal recidivism and drug use relapse of program participation. The data collected must be available
to U.S. DOJ and FDLE upon request.
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department
of Justice encourages consultation with all allied components of the criminal justice system in the affected
jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased
court dockets and the need for detention space.
31. Criminal Intelligence System
a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems
Operating Policies is to assure that subgrant 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, use those funds in conformance with the privacy and constitutional
rights of individuals.
b. The subgrant 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 Bt8(c) of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR
Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's
Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this
agreement.
c. This certification is a material representation of fact upon which reliance was placed when this agreement
was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and
does not meet Act and federal regulation criteria, they must indicate when they plan to come into
compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in
compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient
is responsible for the continued adherence to the regulation goveming the operation of the system or faces
the loss of federal funds. The Department's approval of the subgrant recipient agreement does not
constitute approval of the subgrant-funded development or operation of a criminal intelligence system.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency'has read. understands.
and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's
Financial Guide is required from all projects that are involved with confidential funds from either Federal or
matching funds. The signed certification must be submitted at the time of grant application.
33. Equal Employment Opportunity (EEO)
a. 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 Title VI
of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973. as amended; Title IX of the
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Education Amendments of 1972: The Age Disc;imination Act of 19,5: anc. Department of Justice Non-
Discrimination Regulations 28 CFR Part 42. Subparts C. D. E. F, G and H.
b. The sucgrant recipient and a criminal justice agency that is the ir.-:plementing agenc: 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 anc that they ha'le or have not formulated.
implemented and maintained a current EEO Program. Submission of this certification is a prereGuisite 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 subgrant recipient or impler.-:enting agency meet )l,ct cnteria
but have not formulated, implemented and maintained such a currer,t writ:en ::::0 Program. they ha'le 120
days after the date this agreement was made to comply with the Act or face less 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 seG.
(Reference Section 803 (a) of the Act. 42 U.S.C. 3783 (a) anc 23 C:=R Section 42.207 Compliance
Information).
c. Any state agency. county or city receiving a single grant award for 5500.000 cr mcre OR an aggregate of
grant awards for $1,000,000 or more during any 18 month periOd in federal funds. must have aporoval of
its EEO Plan by the U.S. DOJ. Office for Civil Rights (OCR). The sc;cgrantee shall Submit its E=O Plan to
FDLE, for submittal to the U.S. DOJ. OCR for acproval. If the U.S. COJ. OCR has approved an agency'S
E:=:O Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead. the
subgrantee need only send a copy of its approval letter from the OCR. However. if the EEO Plan approval
is more than two years old, an updated Plan must be submitted.
34. Americans with Disabilities Act
Subgrantees must comply with the requirements of the Americans with Cisabilities 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 Iccal government ser/ices and
transportation (Title II). public accommodations (Title III), and telecommunications (Title IV).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e). Section
274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the INA Such violation by the subgrant
recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral
cancellation of this contract by the Department.
36. National Environmental Policy Act (NEPA)
a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental
impact analyses requirements in the use of subgrant funds by the su!:grantee. This applies to the following
new activities whether or not they are being specifically funded with these subgrant funds. That is. it
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applies as long as the activity is being conducted by the subgrantee or any third party and the activity
needs to be undertaken in order to use these subgrant funds,
(1) New construction;
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National
Register of Historic Places or (b) located within a 1 DO-year flood plain;
(3) A renovation, lease. or any other proposed use of a building or facility that will either (a) result in a
change in its basic prior use or (b) significantly change its size; and
(-1.) Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traditionally used, for example.
in office. household. recreational. or educational environments.
b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the
subgrantee. upon specific request from the Department and the U.S. Department of Justice, agrees to
cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that
funded program or activity.
37. Non-Procurement, Debarment and Suspension
The subgrant 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 subgrant 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.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on lobbying" and shall
file the most current edition of the Certification And Disclosure Form, if applicable, with each submission
that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative
agreement of $100,000 or more; or federal loan of S 150 .000 or more.
b. This certification is a material representation of fact upon which r.eliance 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 Cede. Any person who fails to
file the required certification is subject to a civil penalty of not less than S 1 0,000 and not more than
S 1 00,000 for each failure to file.
c. The undersigned certifies, to the best of his or her knowledge and belief, that:
(1 )
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.
(2)
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 lObbvina Activities, according to its
instructions.
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(3) The undersigned shall re~uire that the language of this certification be incluced in award Cccuments
for all subgrant awards at all tiers and that all subgrant recipients shall certify and- disclose
accordingly.
39. State Restrictions on Lobbying
In accition to the provisions contained in Item 38 of Section G. Conditions of Acceptance and ,A,gre'-'ment. the
expenciture of funds for the purposa of lobbying the legislature or a state agency is prohibitec: under this
contract.
40. "Pay -to-Stay"
Funds from this award may not be used to operate a 'pay-to-stay" program in any local jail. Furthermore. no
funds may be given to local jails that operate "pay-to-stay" programs. "Local jail". as referenced in this
condition, means an adult facility or detention center owned and/or operatad by city. county. or municipality.
It does not include juvenile detention centers. "Pay-to-stay" programs as referencec in this c::ndition, means
a program by which extraordinar; services. amenities and/or accommodations. not otherNise available to the
general inmate population, may be provided. based upon as offender's apparent ability to pay. such that
disparate conditions of confinement are created for the same or similar offenders within a jurisdiction.
41. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine
Laboratories
If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply
with this condition, which provides for individual site environmental assessment/impact statements as re~uired
under the National Environmental Policy Act.
a. General Requirement: The subgrantee agrees to comply with Federal. State. and local environmental.
health and safety laws and regulations applicable to the investigation and closure of clandestine
methamphetamine laboratories and the removal and disposal of the cherr.icals, equipment. and wastes
used in or resulting from the operation of these laboratories.
b. SpeCific Requirements: The subgrantee understands and agrees that any program or initiative involving
the identification, seizure. or closure of clandestine methamphetamine laboratories can result in adverse
health, safety and environmental impacts to (1) the law enforcement and other govemmental personnel
inVOlved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory;
(3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining
chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest.
Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health. safety
and environmental impacts from any of clandestine methamphetamine operations funded under this award, it
will (1) include the nine, below listed protective measures or components; (2) provide for their ade~uate funding
to include funding, as necessary, beyond that provided by this award; and (3) implement these protective
measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may
implement these protective measures directly through the use of its own resources and staff or may secure the
qualified services of other agencies, contractor or other qualified third party.
1. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure
or closure if of clandestine methamphetamine laboratories;
2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training
for law enforcement officials and other personnel assigned by the subgrantee to either the seizure
or closure of clandestine methamphetamine laboratories;
3. As determined by their specific duties. equip personnel assigned to the project with OSHA required
protective wear and other required safety equipment;
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I
4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed
laboratory;
5. Employ qualified disposal contractors to remove all chemicals and associated glassware. equipment,
and contaminated materials and wastes from the site(s) of each seized ciandestine laboratory;
6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the
sites of seized laboratories at properly licensed disposal facilities or. when allowable, properly
licensed recycling facilities;
7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately
above in order to ensure proper compliance;
8. Have in place and implement an inter-agency agreement or other form of commitment with a
responsible State environmental agency that provides for that agency's (i) timely evaluation of the
environmental conditions at and around the site of a closed clandestine laboratory and (ii)
coordination with the responsible party, property owner. or others to ensure that ant residual
contamination is remediated. if necessarj, and in accordance with existing State and Federal
requirements; and
9. Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or
have immediate access to, qualified personnel who can respond to the potential health needs of any
offender(s)' children or other children present or living at the seized laboratory site. Response
actions should include, at a minimum and as necessary. taking children into protective custody.
immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up
medical tests, examinations or health care.
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Section 11- P3ge 21
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H. Signature Page
In witness whereof, the parties affirm they each have read and agree to the conditions set forth in -this
agreement, have read and understand the agreement in its entirety and have executed this agreement
by their duly authorized officers on the date. month and year set out below.
Corrections on this page, including
Strikeovers. whiteout, etc. are not acceptable.
State of Florida
Department of Law Enforcement
Office of Criminal Justice Grants
~!vv, N .
Signature: .~
Typed Name and Title: Clavton H. Wilder. Community Proqram Administrator
Date: ~~ /3- 0 L.-
-
. . -. . ". Subgrant Recipient ;
- Authorizing Official of Governmental Unit
(Commission Chairman, Mayor, or Designated Representative)
Typed Name of Subgrant Recipient: Monroe County Board of County Commissioners
Signature: ----L~O~~(_
Typed Name and Title: James L. Roberts. County Administrator
May 31, 2002
Date:
Implementing Agency
Official, Administrator or Designated Representative
Typed Name of Implementing Agency: Monroe County Board of County Commissioners
Signature: -~~-
Typed Name and Title: James L. Roberts. County Administrator
May 31, 2002
Date:
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APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram
SUBGRANTEE CERTIFICATION
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 the Subgrantee (Subgrant Recipient)
(Select one of the following):
XX Meets Act Criteria
Does not meet Act Criteria
I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand
that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written
EEO Plan relating to employment practices affecting minority persons and women. I also affirm that
the Subgrant Recipient. . . (Select one of the following):
XX Has a Current EEO Plan
_Does Not Have a Current EEO Plan
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written
EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days
after a subgrant application for federal assistance is ~<y ~funds,
Signature of Subgrantee Authorized Official
Type Name: James L. Roberts
Title County Administrator
Subgrant Recipient: Monroe County Board of County Commissioners
Date: May 31. 2002
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Appendix IV - Page 1 of 2 ~ 3
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Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
H. Signature Page
In witness whereof, the parties affirm they each have read and agree to the conditions set forth in- this
agreement, have read and understand the agreement in its entirety and have executed this agreement
by their duly authorized officers on the date, month and year set out below.
Corrections on this page. including
Strikeovers, whiteout, etc. are not acceptable.
State of Florida
Department of Law Enforcement
Office of Criminal Justice Grants
0/h~. .
Signature: ~
Typed Name and Title: Clavton H. Wilder, Community Proqram Administrator
Date: 4 - Is - a 1-
..
Subgrant Recipient
Authorizing Official of Governmental Unit
. (Commission Chairman, Mayor, or Designated Representative) . .
.."
Typed Name of Subgrant Recipient: Monroe County Board of County Commissioners
---/-~~I -
Signature:
Typed Name and Title: James L. Roberts. County Administrator
Date: May 31, 2002
-
Implementing Agency
Official, Administrator or Designated Representative
Typed Name of Implementing Agency: Monroe County Board of County Commissioners
- V~~
~
Signature: /
Typed Name and Title: James L. Roberts, County Administrator
Date: May 31, 2002
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19. 2003
Bulk Item: Yes I:8J No 0
Division: Manaqement Services
Department: Administrative Services
AGENDA ITEM WORDING: Rescind October 16. 2002 approval of contract with Florida
Department of law Enforcement for Helpline. Inc. to provide the Parents Who Care
proqram.
ITEM BACKGROUND: Proqram funded 75% by Byrne law Enforcement Grant and
25% by Monroe County match. Helpline has not provided information to show that the
proqram was substantially implemented to the deqree specified in the contract and
attachments. COpy of email request for information is attached. Substance Abuse
Policy Advisory Board will meet on April 28, 2003, and may make a recommendation as
to how to use these funds.
PREVIOUS RELEVANT BOCC ACTION: Approval of contract with FDlE October 16.
2002; rescission of related contract with Helpline is also on today's aqenda.
CONTRACT/AGREEMENT CHANGES: Rescission.
STAFF RECOMMENDATION: Approval.
SOURCE OF FUNDS: n/a
AMOUNT PER MONTH
YEAR
APPROVED BY: COUNTY ATTY I:8J OMB/PURCHASING I:8J RISK MANAGEMENT I:8J
TOTAL COST: 0.00
COST TO COUNTY: 0.00
REVENUE PRODUCING: Yes 0 No I:8J
BUDGETED: Yes I:8J No 0
DIVISION DIRECTOR APPROVAL:
Sheila A. Barker
DOCUMENTATION: INCLUDED: I:8J TO FOllOW: 0 NOT REQUIRED: 0
DISPOSITION:
AGENDA ITEM #: c:::.u t5
Owens-David
From:
Sent:
To:
Subject:
Owens-David
Thursday, January 30, 2003 10:45 AM
'HelplinefT eenline'
addl quarterly report info needed
Rick,
Thanks for sending your quarterly report. However, there are a few things I need to add, with your help. This is
the sort of information that the County and FDLE look for each quarter in the performance reports, which will
show that the program is being conducted in the same manner as was proposed in the application.
Please list the dates of each of the five courses in the five-week class. I understand they were held at the Key
West Library. If any were held at another location, please specify.
In the budget, you included a contracted facilitator for the class, for approx. 17 hours at $60.00 per hour for a
total of $1,000.00 per class. Please list who the facilitators were for each session, and their qualifications. Also
supply, by FAX or email, copies of the invoices for their services.
The budget also included the cost of "one facilitator package and ten student packages" of $1,200.00. Please
FAX or mail me a copy of the invoice from the company that produces the Parents Who Care program for these
materials.
Except for the FAX of the invoice copies, please just email me the other information, so that I may just copy and
paste it into the narrative portion of the quarterly report, and then email to FDLE.
Thanks for your help. Let me know if there are any questions.
David P. Owens
Grants Administrator
Monroe County, Florida
305-292-4482
305-292-4515 FAX
Page 1
Owens-David
From:
Sent:
To:
Subject:
KWGuad@aol.com[SMTP:KWGuad@aol.com]
Friday, March 07, 2003 12:06 PM
owens-david@monroecounty-fl.com
re: Byrne Block Grant
David Owens:
We have carefully reviewed the first quarterly Byrne Grant documentation provide by our former staff person,
Richard Carey. Based on that review we do not feel that we have complied with the requirements of the Grant, and
are requesting withdrawal from our contract. Additionally, we admit that the level of funding provided by FDLE was
insufficient to adequately get the program off the ground.
HELPLINE is committed to the Parents Who Care (PWC) Program and will attempt to continue the Program
possibly using volunteers from the community. We believe that as a scientifically base program, PWC can provide
useful skills and knowledge for parents to use with their children. Based on the same model use by the Switchboard
of Miami we know it will work but it must be at a higher level of financial resources.
I hope that this action does not jeopardize our future application for Byrne Grants funding.
Lou Hernandez
Executive Director, HELPLINE
Page 1
FIDLE
Office of Criminal Justice Grants
~(ailing .-\.Jdress:
Office of Criminal Justice GrJJ1ts
Florid.J. Dqlartm.:nt of UW Enforc:m.:nt
233 t Phillips Road -
Tallahassee, Florid.1 32308
(3:50) 410-8iQQ
Florida Department of
Law Enforcement
James T. "Tim" Moore
Commissioner
September 13, 2002
The Honorable Charles McCoy
Mayor, Monroe County Board of
County Commissio!lers
500 Whitehead Street
Key West, Florida 33040
Re: 03-CJ-5A-11-54-01-110 / Parents 'Who Care Substance
Abuse Prevention I
Dear Mayor McCoy:
The Florida Department of Law Enforcement is pleased to award a Byrne State and Local
Law Enforcement Formula Grant in the amount of$9,487 to your unit of government.
These funds shall be utilized to implement a Byrne Program under Purpose Area 04A-
Community Crime Prevention.
A copy of the approved sub grant application with the above referenced grant number
and project title is enclosed for your file. All correspondence with the Department should
always refer to the grant number and project title.
Your attention is directed to Section G of the subgrant, II Acceptance and Agreement".
These conditions should be reviewed carefully by those persons responsible for project
administration to avoid delays in project completion and cost reimbursements. Also, you
should review the enclosed Subgrant Award Certificate. This certificate contains important
information that applies to this award.
The enclosed Certificate of Acceptance should be completed and returned to the Department
within 30 calendar days from the date of award. This certificate constitutes official acceptance
of the award and must be received by the Department prior to the reimbursement of any
project expenditures.
Committed to
Service . Integrity . Respect . Quality
The Honorable Charles :NfcCoy
Page Two
\Ve look fo[\,vard to working with you on this project. If we can be of further assistance,
please contact Beth Hamilton at (850)410-8700.
Sincerely,
(lOt1J~~ .g. ~
~p H. Wilder
Community Program Administrator
CHWIBR'mg
Enclosures
state of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
Byrne Formula Grant Program
CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD
The subgrantee, through its authorized representative,
acknowledges receipt and acceptance of subgrant award number
03-CJ-SA-11-S4-01-110 in the amount of $9,487,
for a project entitled: Parents Who Care Substance
Abuse Prevention I
for the period of 10/01/2002 through 09/30/2003, to be implemented
in accordance with the approved subgrant application, and subject to
the Florida Department of Law Enforcement's conditions of acceptance
.and agreement and special conditions governing this subgrant.
(Signature of Authorized Official)
(Date of Acceptance)
(Typed Name of Official)
(Typed Title of Official)
Monroe County
(Name of Subgrantee)
state of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
Byrne Formula Grant Program
SUBGRANT AWARD CERTIFICATE
Subgrantee: Monroe County Board of commissioners
Date of Award: September 13. 2002
Grant period: From: 10/01/2002 To: 09/30/2003
Project Title: Parents Who Care Substance
Abuse Prevention I
Grant Number: 03-CJ-5A-11-54-01-110
Federal Funds: $9,487.00
state Agency Match:
Local Agency Match: $3,163.00
Total Project Cost: $12,650.00
Program Area: 04A
Award is hereby made in the amount and for the period shown above
of a subgrant under Title I of the Omnibus Crime Control and Safe
Streets Act of ~968, 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 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 7100.10, 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.
03-CJ-SA-ll-S4-01-110
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.
Qe~L 1-(. ~
Author~zed Off1c1al
Clayton H. Wilder
Community Program Administrator
q - /3 - '" 2-
Date
Application for Funding Assistance
Florida Department of Law Enforcement _
Ed'Nard Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
Please read instructions before completing this application.
.j IJ >i
- 4
""'I.... ......
i". ~ ~
I
The term "Department", unless otherwise stated. refers to the Department of Law Enforcement. :
The term "OCJG" refers to the Office of Criminal Justice Grants.
-----_..-.
The term "subgrant recipient" or .subgrantee" refers to the governing body of a city. cOL:nty. state agency, or an Indian
Tribe that performs criminal justice functions as determined by the U.S. Secretary of tr:e Interior.
The term "implementing agency" is a subordinate agency of a city. county. state ager.cj, or Indian Tribe. or an agency
under the direction of an elected official (for examole, Sheriff or Clerk of the Court).
A. Subgrant Data I
1. This section to be completed by Subgrantee 2. This section to be completed by OCJG
Continuation of Previous Subgrant? eYes C No Project 10 ;;. I Program Area #: i CFDA #: 16.579
If Yes, enter CJ Contract;;' of Previous Subgrant ~"c1.-llo ~l.fA- I
SFY 2002 CJ Contract # I SFY 2003 CJ Contract #
2002 - CJ - - - - - 2003 - CJ -2A. -1L - 2:1- QJ - ill
- - - - - I
B. Applicant Information
1. Subgrant Recipient (Subgrantee)
Name of Subgrant Recipient (Unit of Government): Monroe County Board of COL:nty I County
Commissioners I
Monroe
Name of Chief Elected Official! State Agency Head: Charles L. .Sonny. McCoy
Title: Mayor
Address: 500 Whitehead Street Area Code' Phone #.
305-292-3430
City, County, State, Zip Code: Key West, FL 33040 I SUNCOM # I
E-mail Address: boccdis3@mail.stateJl.us I Area Code' Fax #
305-292-3577
2. Chief Financial Officer of Subgrant Recipient (Subgrantee)
Name of Chief Financial Officer: Danny Kolhage County
Monroe
Title: Clerk of the Court, Monroe County
Address: 500 Whitehead Street Area Code' Phone #.
305-292-3550
City. County, State, Zip Code: Key West, FL 33040 I SUNCOM #
I
E-mail Address: Area Code! Fax ;;.
305-295-3663
3. Implementinq Aqency
Name of Implementing Agency: Monroe County Board of County Commissioners I County
Name of Chief Executive Official' State Agency Head' Subgrantee representatl'/e !
(if a subordinate agency of the subgrant reCipient): James l. Roberts i \
Title: County Administrator I Monroe
I
I Area Code' Phone #. I
Address: 1100 Simonton Street 305-292-4441 I
I
City, County, State, Zip Code: Key West, Fl 33040 1 SUNCOM # I
E-mail Address: jlrobert@mail.state.f1.us I Area Code' Fax #.
305-292-4544
FDLE Byrne Formula Grant Application Package
Re',ised 03/25/2002
Grant Application
Section /I - Page 1
Application for Funding Assistance
Florid;) Department of La','; Enforcement
Ed'Nard 6'/rne l\1emori31 State and Local Law Enforcement Assist.1nce Formula Grant Proqram
4. Project Director
,'Jame of Project Director: David P. OVlens
(implementing Agency Employee)
Cou r1ty
Title: Gra,;ts Administrator
,'.1onroe
Address 1100 Simonton Street
;",;e3 Cote i Phone ';:t.
C:r;. COL:,ity. State. Zip Code: Key ItIest, FL 33C40
305-2924.!32
SUNCOM #.
E-mail Address:mcgrnts@mail.state.f1.us
A,;=3 Coe: I Fax #.
305-292-4515
5. Contact Person
Name of Contact Person: David P. Owens I
(If other t~an Project Diractcr) County
Title: Grants Administrator ,\1onroe I
Address: 1100 Simonton Street ,~re3 Coce I Pho"e:;. I
- 305-2924482
City. County. State. Zip Code: Key West. FL SUNCOM # I
E-mail Address: mcgrnts@mail.state.f1.us I Area Coca I Fax ;;. I
305-292-4515 I
6. Person Responsible For Financial Reportinq (if known) I
Name: David P. Owens I County
Title: Gra..~ts Administrator Monroe
Address: i 100 Simonton Street Area Code I Phone '#
305-2924482
City. County. State, Zip Code: Key West. FL 33040 SUNCOM # I
E-mail Address: mcgrnts@mail.state.f1.us Area Code I Fax '#
305-292-4515
7. Persen Responsible For Procrammatic Performance Reportina (if known)
Name: David P. Owens Co u n ty
Title: Grants Administrator Monroe
Address i i 00 Simonton Street Area Code I Phone '#
305-292-4482
City. Co~nty. State. Zip Code: Key V.fest. FL 33CdO I SU,\;COM ;::. I
E-mail Address: mcgrnts@mail.stateflus I ;:",;':3 Coda / ,=ax;;.
I
3G5..292-~5 i 5
FOI.E Byrne Formula Grant Application Pack,l<]c
Re',ised 03125'2002
Grant Application
S~cri0n 11- Pr;~ ::
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
C. Administrative Data I
1. Project Title: Parents Who Care Substance Abuse Prevention I
2. Identify the year of the project (I. II. III, etc.) I
3. Project period \ Start: October 1. 2002 I End: September 30,2003
D. Fiscal Data I
1. (If other than the Chief Financial Officer) Remit Warrant to: I
I
Name: David P. Owens County
Title: Grants Administrator Monroe
Address: 1100 Simonton Street Area Code / Phone ;:.
305-292-4432
City, County. Sta.te, Zip Code: Key West. FL 33040 SUNCOM # I
E-mail Address: mcgrnts@maiLstate.fl.us Area Code / Fax ::: I
305-292-4515
2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer proqram?
(Reimbursement cannot be remitted to any entity other than the subgrantee.)
Yes XX No
3. Frequency of Fiscal Reporting: Monthly_ Quarterly XX
4. Vendor#: 596000749
5. State Agency SAMAS #: I
6. Project Generated Income (PGI): \
Will the project earn PGI? (See Section G. Item 9.) Yes - No ~
7. Cash Advance: Will you request an advance?
Yes_ Amount No XX
If yes, a letter of request must be submitted with the application or prior to submission of the first claim for
reimbursement.
FDLE Byrne Formula Grant Application Package
Re'/ised 03/25/2002
Grant Aoplication
Section If- Page J
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assist;Jnce Formula Grant Program
E. Pro'ect Narrative
1. Problem Identification: Briefly describe a specific problem to be addressed with
subgrant funds in terms of Problem Description, Problem Significance and Needs
Assessment, as described in the application instructions. Continue narrative on a
second a e if necessa . Do not exceed two aces.
HELPLINE, Inc. has identified the following need for substance abuse prevention for youth
and adults who work with youth.
The 1999 Monroe County Youth Risk Behavior Survey indicated the following problem areas:
1. 31 % of students consumed their first drink of alcohol by age 12.
2. 58% of students had at least one drink of alcohol during the 30 days preceding the
survey (current users).
3. 37% of students had five or more drinks of alcohol in a row on one or more of the 30
days preceding the survey (episodic heavy drinking).
4. 65% of students had tried cigarette smoking.
5. 14% of students had made a specific plan to attempt suicide during the 12 months
preceding the survey.
6. 56% of students had sexual intercourse during their lifetime (sexual experience).
7. 17% of students had four or more sex partners during their lifetime.
8. 6% of students reported that they had been pregnant or got someone pregnant.
9. 52% of students had used marijuana during their lifetime.
10. 12% of students had used some form of cocaine during their lifetime.
Having recognized the need for innovative prevention that really works, HELPLINE presents
the Parents Who Care (PWC) program of Monroe County. Based on the above-mentioned
problems, phone calls by parents, teens and adults who work with youth, the PWC program
addresses the void of families and caregivers working together for prevention. The facts are
clear, young people face many of the same problems adults face; however, resources to our
youth are often limited and unavailable. The PWC plan, in partnership with Monroe County
Schools, enables parents, teachers and young adults to get the help they need when they need
it. Through the gains made by TEENLlNE, many parents and youth leaders have asked to
learn more about substance abuse and how they can help prevent it. Parents Who Care,
guides and trains families, educators and community leaders to better understand the fight
against substance abuse.
FDLE 8 me Formula Grant A fication Packa e
Revised 03/25/2002
Grant A lication
Section If. Page .:
Application for Funding Assistance
Florida D~partl11ent of La'.'/ Enforc~ment
Edward Byrne Memorial St;Jte ;Jl1d Local Law Enforcement ~ssistal1ce Formul.J Grant Proqram
1. Project Description: BrieOy describe proposed project activities. Refer to Appendix II, Part
1, Pages 1-3 for a description of eligible project areas). Yeu should include project goals,
administration, enhancement/expansion, staff, ser/ice pro'/iders, clients or ot;ler
participants, equipment, location, and expected project results, as cescribed in the
application instructions
This section should address the basic points of who, what, when, where, and how.
Continue on additional a es if necessa : do not exceed three aoes.
Parents Who Care (PWC) - po, science based substance abuse program for youth and
adults who work with youth, continues beyond the phone lines and into the home. PINC
builds educational skills for families and adults ';'lith adolescents between the ages of 12-
16. The objective of PWC is to reduce risk factors and strengthen protective factors that
are known to predict later alcohol and other drug use, celinquency, violent behavior, and
other behavior..al problems in adolescence. The PINC program is grounded theoretically
in the social development model which emphasizes that young people should experience
opportunities for active involvement in family, school and community, should develop
skills for success, and should be given recognition and reinforcement for positive effort
and improvement. PWC focuses on strengthening family bonds and establishing clear
standards for behavior, helping youth, parents and caregivers manage adolescence
growth towards independence. In this process, PINC seeks to change specific risk and
protective factors for problem behaviors in the family a:ld peer domains: parent and
sibling drug use, positive parental attitudes toward drug use, poor and inconsistent family
management practices, family conflict, low family communication and involvement, family
bonding and association with delinquent and drug using peers.
The program is structured around three major topics: 1) setting the stage, which covers
the importance of risk and protective factors; 2) the power of communication; and 3)
family management.
Tarqet population - participants in the Parents V'lho Care program are families and youth
caregivers of adolescents age 12-16. Selection for the training will be open to all
residents of Monroe County. Involvement of youth and adults 'Nho work with youth to
provide substance abuse prevention is the goal of PWC. TEENlINE has had a direct
impact in substance abuse identification and prevention. As a result, many parents and
adults involved with TEENlINE have aSKed to learn more about substance abuse
prevention and recognition.
The more parents and youth caregivers know about teens habits, peers, experimentation
and beliefs the more successful substance abuse pre':ention will be. Parents are "the
anti-drug".
Parent oarticioation - currently 10 TEENLli'lE & H=I~PUNE parents and adults have
been identified to undertake The Parents "'.'ho Care Training.
The curriculum lasts 5 weeks and 'Nill be conducted in ~.Jov 2002 and Mar 2003.
FDLE Byme Formula Grant Application Packaqe
Re.,iscc 03/25/2002
Grant Application
S i:!ctioll II - Pa;;," 5
Application for Funding Assistance
Florida Department of L<lw Enforcement
Edward Byrne Memorial State and Local L;JW Enforcement Assistance rormula Gr<lnt Program
with a direct link to substance abuse prevention. For the first time youth and adults who
work youth were able call the hotline and get immediate help for drug, alcohol or _
addiction problems. TEENlINE, remains one of the only non- school based substance
abuse prevention programs in the County, allowing families and youth caregivers 24/7
access to prevention services. Teen and adult volunteers are trained to recognize the
various signs, types and issues pertaining to abuse. Once identified, the caller is given
anonymous and confidential guidance on where, when and how they can get help. In
addition, TEENlINE produces a monthly television program that deals directly with
substance abuse and other teen issues. The format brings young people. caregivers
and families together to discuss, debate and decide '//hat is best for our youth. The
show is aired on AT&T Channel 19 and is written and directed by teens. supervised by
the TEENLINE Program Coordinator.
Services Drovided - Basic information/referral. and crisis intervention ser/ices are
provided to all areas of the Keys by use of a toll free 1-800 telephone line. 296-HELP
(hotline), 292-8440 (TEENlINE), Alcoholic Anonymous, Narcotics Anonymous,
ALANON & Ala-teen information lines. All phone numbers are advertised throughout
the Keys and provide direct substance abuse prevention services.
Qualifications & Credentials - HELPLINE is a licensed youth and adult substance abuse
provider by the Department of Children & Families and has been in existence since
1982. All youth and adult volunteers must undergo 32 hours of classroom instruction
followed by 12 hours of on the job training. In - service training augments new and
updated information. Instruction is conducted by The Monroe County Health
Department, The Care Center for Mental Health, The Domestic Abuse Shelter, Monroe
County Social Services, AA, NA, The Florida Keys Children's Shelter and other local
agencies. TEENlINE operates under a partnership agreement with Monroe County
District Schools.
Accountability - All administrative and financial records are audited yearly in
accordance to law. HELPLINE programs. data and reporting procedures are reviewed
by The Department of Children & Families and monitored by The Florida Attorney
General's Office.
HELPLINE, Inc. was incorporated under the not-far-profit statutes of the State of Florida
to provide a 24-hour crisis intervention, counseling and referral service in Key West and
the Florida Keys.
HELPLINE, Inc. follows standards of accounting and financial reported prescribed for
voluntary health and welfare agencies. It uses the accrual basis of accounting, which
recognizes revenue when earned and expenses when incurred. Local government and
public grants are recorded as support when performance Occurs under the terms of the
grant agreement.
HELPLINE, Inc. will furnish existing computer and electronic communica:ion and office
space for this project.
FDLE 8 me Formula Grant A fication Packa e
Revised 03/25/2002
Grant Aaalication
Section 1/ . Page 6
Application for Funding Assistance
Florid;] Department of La'N Enforcement
Edw;]rd Byrne Memori;]1 State and Local Law Enforcement Assistance Formula Grant Proqram
Hel line
1. Proqram Objectives and Performance Measures: Up to three types of objectives may 'I
be included in this section of your subgrant application, i.e., Uniform Objectives, Project- .
Specific Objectives and Self-Generated Objectives. If you are proposing a project in one I
of the Authorized Program Areas with no Uniform Objectives, contact FDLE, Office of
Criminal Justice Grants, at (850) 410-8700 for further guidance. Continue on a second
a e if necessa .
a. list the number and title of the Program Area to be addressed. Refer to Appendix II,
Part II, for a listing of authorized program areas.
04A
Community Crime Prevention
(#)
(Title)
b. list Uniform Objectives first, followed by any other appropriate objectives you may wish
to address. If additional objectives are included, please identify whether they are
Project Specific or Self-Generated Objectives. Uniform and Project Specific Objectives
form the basis for collection of data and quarterly performance reporting.
Uniform Obiectives (Mandatory, copy as worded for the program area addressed
and include all appropriate questions).
04A.02
Present 2 (two) crime and substance abuse prevention education classes.
Part 1 - During this reporting period, how many crime prevention and substance abuse
education classes were presented? [Briefly discuss these classes in the narrative.]
(each class is designed to be led by a facilitator and taught once a week in five sessions
lasting one to two hours each; includes workbook, videos, etc.)
FDLE Byrne Formula Grant Application Package
Revised 03/25/2002
Grant Application
S~ction II. Page 7
Application for Funding Assistance
Florid;J Oep;Jrtment of Law Enforcement
Edward Byrne Memorial St;Jte and Local Law Enforcement Assistance Formula Grant Proqram
4. Activit'/lmplemen tation Schedule. Complete the Activity Implementation Schecule showing wh"en activities
in the Program Description will commence and how the project will progress. ihis c;'ar: benchmarks planned
activities, both administrative and programmatic. A.n 'X' has been inserted for reports ,',ith mandator; due dates
for all projects. Place an additional 'X' to indicate times applicable to your project, as illustrated for q!Jar-erly
program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your
Quarterly Performance Reports will be re'/iewed against this schedule.
Subgrant Period I
October 1. 2002 throuoh Seotember 30,2003
(Beginning Date - Ending Date)
Administrative Activities
ACTIVITY I Oct Nov I Dec I Jan I Feb Mar Acr I May Jun I Jul I Aug I See
I I I I I I I I I ... I
Submit Financial Reimbursement X X X X
Requests
Submit Financial Closeout Package I I X I I I I I I I
Submit Quarterly Program Reports (0\1 I(~)I I (~) I I I X I I
(03)
Submit Quarterly PGI Reports I I I I ,
(It applicable)
Programmatic Activities
(Continue on a second page ct necessary.)
6e sure to include activities mentioned in the Project Description
ACTIVITY Oct Noy Dec Jan Feb Mar Apr May Jun I Jul , Aug I Sep
Prepare, aayertise, schedule, setup, and X I X I I I I I
recruit tor Parents Who Care Class
Conduct Parents Who Care Class (5 I I X X I I I I
weeks)
I I I I I I I
I I I I I I I I I
i I
I I I I
I I I I I I I I I I I
I
, , I I I I I I I I I I
I I , I I , I I I I t1
i
I I I , I I I
FOLE B me Formula Grant A fica (ion Packa e
Revised 03/25/2002
Grant A lication
S~ction /I - P3qe '-8
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram
F. Project Budget
1. Budget Schedule
a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual
Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Total Lccal
Match must be a minimum of 25% of the Total Budget.
b. Enter the amount of federal, matching, and total funds by budget category that you will use to support
project activities. Enter dollar amounts only in applicable categories based on totals from the Budget
Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total
Budget
c. Show all figures rounded to the next highest dollar; do not include cents.
(Example $4,505.25 as $4,506).
Type or Print Dollar Amounts Only in Applicable Categories and Leave Othets Blank.
Budget Category
Federal
Match
Total
Salaries And Benefits
Contractual Services
9,487.00
3,163.00
12,650.00
Expenses
Operating Capital Outlay
Indirect Costs
Totals
$9,487.00
$3, 163.00
$ 12,650.00
FDLE Byrne Fonnula Grant Application Packaqe
CJ
Grant Application
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram
2. Budget Narrative
a. The Project Budget Narrative may rerlec: costs in any of the five budget categories (Salaries ant: :enef.ts,
Contractual Services, Expenses, Operating Capital Outlay, Indirect Costs). The Total Project Ccsts shcL;ld
be included.
b. You must describe the line items for each applicable budget categorj fer which you are requestir:g sut:grant
funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements wiil cnly
be made for items clearly identified in the budget narrative.
c. Costs must not be allocated or included as a cost to any otM er federally financed program.
(Continue on additional caqes rf necessary)
Please respond to the following five items before providing the Budget Narrative.
1. Identify your Specific sources of matching funds. [Source of match must t:e cash and represer:t no less
than twenty-five (25) percent of the project's cost.]
HELPLINE receives funding United Way, Department of Children and Families, Fiorida Attorney Ger.era/,
private trust funds and donations.
2. If Salaries and Benefits are included in the budget as Actual Costs fer staff in the implementing agency, is
there a net personnel increase, or a continued net personnel increase from the initial year?
No: If no, please explain.
Yes: X If yes, please list number and title of position and type of benefits. HELPLINE will see
a net increase of one part-time position to coordinate the PWC program.
3. Indicate the OCO threshold established.by the subgrantee. $75000
4. If Indirect Cost is included in your budget please indicate the basis for the plan (e.g. percent of salaries
and benefits), and provide documentation of the appropriate approval of this plan.
Local Match provided by the Monroe County Grants Matching Funds. Purchasing methods to be used will conform to
existing Federal, State, and Local laws and regulations.
Salary of coordinator
FICA
3,428.00 (S21.43 per hour, times 160 hours)
262.00
3690.00 x 2= S7,380.00 Total Salaries and Benefits $ 7,380.00
Contracted facilitator for one (1) class (approx. 17 hours at S60.00/hour)1.000.00 x 2= S2,000
Total Contractual Services
Expenses
One facilitator package and ten student packages
Estimated cost per five week class:
Advertising
Travel
Phone
$ 2,000.00
1,200.00
300.00
75.00
60.00
$ 1,635.00 X 2 = 3,270.00
Total Expenses
Total Budget
$ 3.270.00
$ 12,650.00
Summary Information only- Not a Unit Cost Budget
Two five week classes, at a maximum cost of $6,325.00 each, must be completed, with a minimum of ten
students in each. $ 6,325 x 2= $12.650.00
Byrne grant funds: S9,487.00
County general revenue fund Match: $3,163.00
Total: $12,650.00
There will be a net personnel increase to coordinate this program. The PWC Coordinator will be responsible fer setting
up training, submitting all data and FDLE requirements, organizing and setting up program and responsible to the
HELPLINE Program Coordinator.
Monroe County will contract with Helpline Inc. for this ptoject.
FDLE B e Formula Grant A Ifcatlon Pac/(a e
Grant A IfcatJon
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Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
G. Conditions of Acceptance and Agreement
Conditions of agreement requiring compliance by units or local government (subgrant recipients), implementing
agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval
of this subgrant, the approved application and the following terms of conditions will become binding. Failure to
comply with provisions of this agreement will result in reGt.:ired corrective action up to and including projec~ costs
being disallowed and termination of the project, as specified in item 16 of this section.
1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the
current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide.
2. Reports
a. Project Performance Reports
The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1, May
1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant
award period is extended beyond the "original" project period, additional Quarterly Project Performance
Reports shall be submitted.
Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in
sanctions, as. specified in item 16 of Section G, performance of Agreement Provisions.
b. Financial Reports
(1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial
Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after
the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days
after the end of the reporting period. In addition, if the subgrant award period is extended, additional
Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice
Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the
subgrant termination period. Such claim shall be distinctly identified as "final".
(2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim
Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient
shall submit either monthly or quarterly claims in order to report current project costs. Reports are to
be submitted even when no reimbursement is being requested.
(3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit.
(4) Before the "final" claim will be processed, the subgrant recipient must submit to the Department all
outstanding project reports and must have satisfied all special conditions. Failure to comply with the
above provisions shall result in forfeiture of reimbursement.
(5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February
1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering
subgrant project generated income and expenditures during the previous quarter. (See Item 9,
Program Income.)
c. Other Reports
The subgrant recipient shall submit other reports as may be reasonably required by OCJG.
3. Fiscal Control and Fund Accounting Procedures
a. The subgrant 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 OCJG.
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b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S.
Department of Justice Common Rule for State and Local Governments, and federal Office of Man.agement
and Budget's (OMS) Circulars A-2t, A-8?, and A-ltG, in their entiretf.
c. All funds not spent according to this agreement shall be subject to repafment by the subgrant recipient.
4. 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.
5. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effecti'/e date or subse~uent to the
termination date of the subgrant period. Only project costs incurred on or after the effective date and on or pr:or
to the termination date of the subgrant recipient's project are eligible for reimbursement.
6. Advance Funding
Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project
according to Section 216.181 (16)(b). Florida Statutes. the OJP Financial Guide, and the U.S. Department of
Justice Common Rule for State and Lecal Governments. Advance funding shall be provided to a subgrant
recipient upon a written request to the Department justifying the need for such funds. This request. including
the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to
the first request for reimbursement.
7. Reimbursement Subject to Available Funds
The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available
federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds.
8. Travel and Training
a. 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. Subgrant recipients shall obtain written
approval from the Department for reimbursement of training costs and related travel prior to
commencement of training. if the specific training was not listed in the approved budget.
b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in
Section 112.061, Florida Statutes.
c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida
Statutes.
9. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be determined according to the general principles
of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department
of Justice Common Rule for State And Local Govemments and federal OMS Circular A-8?, "Cost Principles
for State. Local and Indian Tribal Governments", or OMS Circular A-21, "Cost Principles for Educational
Institutions".
b. All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be
according to U.S. Department of Justice Common Rule for State and Local Govemments, or OMS Circular
A-1tO and Florida law to be eligible for reimbursement.
10. Program Income (also known as Project Generated Income)
Program income means the gross income earned by the subgrant recipient during the subgrant period, as a
direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide
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and U.S. Department of Justice Cemmen Rule for Slale and Lecal Governments (referer,ce 31 CFR Part 206
- Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management
Improvement Fund).
11. Approval of Consultant Contracts'
The Department shall review and approve in writing all consultant contracts prior to employment of a consultant
when their rate exceeds $450 (exciuding travel and subsistence costs) for an eight-hour cay. Approval shall
be based upon the contract's compliance with requirements found in tr.e OJP Financial Guide, U.S. Department
of Justice Common Rule fer State and Lecal Governments, and in applicable state statutes. The Department's
approval of the subgrant recipient agreement does not constitute approval of consultant contracts.
12. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its
useful life or request Department disposition.
b. The subgrant recipient shall establish and administer a system to protect, preser/e, use, maintain anc
cispose 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 OJP Financial Guide, U.S.
Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110.
This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration
of this agreement.
13. 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 OJP Financial Guide. and the U.S. Department of Justice
Common Rule for State and Local Governments, or the federal OMB Circular A-11 O.
14. Copyright
The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce. publish, or
other.vise use, and authorize others to use, for Federal government purposes:
a. The copyright in any work developed under an award or subaward, and
b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support
funded under this grant agreement.
15. Audit
a. Subgrant recipients that expend S300,000 or more in a year in Federal awards shall have a single or
program-specific audit conducted for that year. The audit shall be performed in accordance with the
federal OMS Circular A-133 and other applicable federal law. The contract for this agreement shall be
identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be
identified as federal funds passed through the Florida Department of Law Enforcement and include the
contract number, CFDA number, award amount, contract period. funds received and disbursed. When
applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of
Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor
General.
b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted
within 30 days after its completion, but no later than nine (9) 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 subgrant recipient.
c. The subgrant recipient shall have all audits completed by an Independent Public Ac::ountant (IPA). The
IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate correcti'/e action within six (6) months of the issue date of
the audit report in instances or noncompliance with federal laws and regulations.
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e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or
its designee, upon request for a period of three (3) years from the date the audit report is issued, unless
extended in writing by the Department.
f. Subgrant recipients that expend less than 5300,000 in Federal awards during a fiscal year are exempt from
the audit requirements of Oai." Circular A-133 for that fiscal year. In this case, written notification shall be
provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is
exempt. This notice shall be provided to the Department no later than March 1 fOllOWing the end of the
fiscal year.
g. 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.
h. The completed audit report or notification of non-applicability should be sent to the following address:
Florida Department of Law Enforcement
Office of Inspector General
Post Office Box 1489
Tallahassee, Florida 32302-1489
16. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient,
the subgrant 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 subgrant recipient of its decision thirty (30) days
in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services
satisfactorily performed prior to the effective date of such sanction.
17. Commencement of Project
a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant
recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request
a revised project starting date.
b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant
recipient shall send another letterto OCJG, again explaining the reason for delay and request another
revised prOject starting date. .
c. 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 re-obligate 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.
18. Excusable Delays
a. Except with respect to defaults of consultants, the subgrant 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 subgrant
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 subgrant recipient.
Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in
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either its sovereign or contractual capacity, fires, noods, epidemics, quarantine res:rictions, strikes, freight
embargoes, and unusually severe weatr,er, but in every case, the failure to perform shall be beyond the
control and without the fault or negligence of the subgrant recipient.
b. 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 subgrant recipient and consultant, and witriout fault cr
negligence of either of them, the subgrant recipient shall not be deemed in default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other sources.
(2) The Department ordered the subgrant recipient in writir,g to procure such supplies or seNices from
other sources, and
(3) The subgrant recipient failed to reasonably comply ',\lith such order.
c. Upon request of the subgrant 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.
19. Extension of a Contract for Contractual Services
Extension of a contract for contractual seNices between the subgrant 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.
20. Written Approval of Changes in this Approved Agreement
Subgrant recipients shall obtain approval from the Department for major changes. These include, but are not
limited to:
a. Changes in project activities, target populations, implementation schedules, designs or research plans set
forth in the approved agreement;
b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds
between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the
total approved budget and the transfer is made to an approved budget 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. Transfers do not allow for increasing the quantitative number of items documented in any
approved budget item, Le., increasing the quantity of equipment items in Operating Capital Outlay or
Expense categories, or staff positions in the Salaries and Benefits category.)
d. Under no circumstances can transfers of funds increase the total budgeted award.
21. Disputes and Appeals
a. 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 subgrant recipient shall proceed diligently with the performance of this agreement according to the
Department's decision.
b. If the subgrant recipient appeals the Depar-unent's decision, the appeal also shall be made in writing within
twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to
appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth
in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a
waiver of proceedings under Chapter 120, Florida Statutes.
22. 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
Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege
of visiting the project site to monitor, inspect and assess work performed under this agreement.
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23. Access To Records
a. The Department of Law Enforcement. the Auditor General of the State of Florida, the U.S. Department of
Justice. the U.S. Comptroller General or any of their duly authorized representatives, shall have access
to books, documents, papers and records of the st.:t:grant recipient, implementing agency and contractors
for the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department
of Justice Common Rule for State and Local Governments.
b. The Cepartment reserves the right to unilaterally terminate this agreement if the subgrant recipient.
implementing agency, or contractor refuses to allow pt.:blic access to all documents, papers, letters, or
other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the
subgrant recipient or its contractor in conjunction with this a"greement.
24. Retention of Records
The subgrant 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.
25. Signature Authority
Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative who sign Section l. Signature Page, have the
authority to request changes to the approved agreement. The Project Director has authority to submit
Financial and Performance Reports, with the exception of the Closeout Package, which also requires the
signature by the Chief Financial Ofiicer of the Subgrant Recipient or authorized designee.
26. Delegation of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some other staff
person signature authority for him/her, the chief officer or elected official must submit to the department a letter
or resolution indicating the staff person given signature authority. The letter indicating delegation of signature
authority must be signed by the chief officer or elected official and the person receiving signature authority.
27. Pe~onnelChanges
Upon implementation of the project, in the event there is a change in Chief Executive Officers for the
Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing
with documentation to include appropriate signatures.
28. Background Check
Whenever a background screening for employment or a background security check is required by law for
employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply.
a. All positions in programs providing care to children, the developmentally disabled. or vulnerable adults for
15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline:
and all persons working under contract who have access to abuse records are deemed to be persons and
positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F .S.,
using the level 2 standards set forth in that chapter.
b. All employees in positions designated by law as positions of trust or responsibility shall be required to
undergo security background investigations as a condition of employment and continued employment. For
the purposes of the subsection, security background investigations shall include, but not be limited to,
employment history checks. fingerprinting for all purposes and checks in this subsection. statewide criminal
and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal
records checks through the Federal Bureau of Investigation, and may include local criminal records checks
through local law enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and who refuses
to Cooperate in such investigation or refuses to submit fingerprints shall be disqualified for
employment in such position or, if employed. shall be dismissed.
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(2) Such background investigations shall be cond\.,;c~ed at the e:<8ense of the employing agency. When
fingerprinting is required, the fingerprints of the employee or applicant for employment- shall be
taken by the employing agency or by an authori<:ed law enforcement officer and submitted to the
Department of Law Enforcement for processing and forNarding. when requested by the employing
agency, to the United States Department of Justice for processing. The employing agenc'j shall
reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the
fingerprints.
29. Drug Court Projects
a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements
outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Prcgram Office,
program guidelines "Defining Drug Courts: The Key Components", Januarj 1997. This document can be
obtained from FDLE, Office of Criminal Justice Grants. at (850) 410-8700.
b. To ensure more effective management and e'Jaluation of drug court programs, the subgrant recipient
agrees that drug court programs funded with this award shall collect and maintain follow-up data on
criminal recidivism and drug use relapse of program participation. The data collected must be available
to U.S. DOJ and FDLE upon request.
30. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department
of Justice encourages consultation with all allied components of the criminal justice system in the affected
jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased
court dockets and the need for detention space. .
31. Criminal Intelligence System
a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems
Operating Policies is to assure that subgrant 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, use those funds in conformance with the privacy and constitutional
rights of individuals.
b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that
they operate a criminal intelligence system in accordance with Secticns 802(a) and 818(c) of the Omnibus
Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR
Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's
Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this
agreement.
c. This certification is a material representation of fact upon which reliance was placed when this agreement
was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and
does not meet Act and federal regulation criteria, they must indicate when they plan to come into
compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in
compliance with the Act and federal regulation prior to the award of federal funds. The subgrant 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 subgrant recipient agreement does not
constitute approval of the subgrant-funded development or operation of a criminal intelligence system.
32. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read. understands,
and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's
Financial Guide is required from all projects that are involved with confidential funds from either Federal or
matching funds. The signed certification must be submitted at the time of grant application.
33. Equal Employment Opportunity (EEO)
a. 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 Title VI
of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973. as amended: Title IX of the
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Education Amendments of 1972: The Age Discrimination Act of 1975; ar,c. DepartmeGt of Justice !'Jon-
Discrimination Regulations 28 CFR Part 42, Subparts C. 0, E. F. G aGd H.
b. The subgrant recipient and a criminal justice agenc'J that is the implementing agenC'f agree to cer:ify that
they eitl1er do or do not meet EEO program criteria as set forth in Section 501 of The receral Gm;1ibus
Crime Control and Safe Streets Act of 1968. as amended anc that they ha'le or have not foriTL;lated.
implemented and maintained a current EEO Program. Submission of this cerUication is a prerec;:..:isite to
entering into this agreement. This certification is a material representation of fact upon which reliance was
placed when this agreement was mace. If the subgrant recipient or implementing agenc'J meet Act criteria
but have not formulated. implemented and maintained sL;ch a current written E=O ?rogram, they ha'/e 120
cays a~er the date this agreement was made to comply with the Act or face loss of feceral funcs 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) anc 28 CFR Section 42.207 Com::iiance
Information).
c. Any state agency. county or city receiving a single grant award for S500.000 or more OR an aggregate of
grant awards for $1,000,000 or more during any 18 month perioc in feceral funds. must have apcrO'lal of
its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO ?!an to
FDLE. for submittal to the U.S. DOJ, OCR for approval. If the U.S. DOJ. OCR has apprO'led an agency's
EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead. the
subgrantee need only send a copy of its approval letter from the OCR. However. if the EEO Plan approval
is more than two years old, an updated Plan must be submitted.
34. Americans with Disabilities Act
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 anc rsquires certain
accommocations 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).
35. Immigration and Nationality Act
No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e). Section
274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consicer the employment by any
contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the sut:grant
recipient of the employment provisions contained in Section 274A(e) of the INA shall be grouncs for unilateral
cancellation of this contract by the Department.
36. National Environmental Policy Act (NEPA)
a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental
impact analyses requirements in the use of subgrant funds by the sut:grantee. This applies to the following
new activities whether or not they are being specifically funded with these subgrant funds. That is. it
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applies as long as the activity is being conducted by the subgrantee or any third party and the activity
needs to be undertaken in order to use these subgrant funds,
(1) New construction;
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National
Register of Historic Places or (b) located within a 1 CO-year flood plain;
(3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a
change in its basic prior use or (b) significantly change its size; and
(~) Implementation of a new program involving the use of chemicals other than chemicals that are (a)
purchased as an incidental component of a funded activity and (b) traciticnally used, for example,
in office, household, recreational, or educational en'Jironments.
b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the
subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to
cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that
funded program or activity.
37. Non-Procurement, Debarment and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CF~,
Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant 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.
38. Federal Restrictions on Lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on lobbying" and shall
file the most current edition of the Certification And Disclosure Form, if applicable, with each submission
that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative
agreement of $100,000 or more; or federal loan of $150,000 or more.
b. 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 Cede. 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
S 1 00,000 for each failure to file.
c. The undersigned certifies, to the best of his or her knowledge and belief, that:
(1 )
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.
(2)
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 coeperative agreement, the undersigned shall
complete and submit the standard form, Disclosure of lObbvinq Activities, according to its
instructions.
FDLE Byme Formula Grant Application PaCkage
Revised 03/25/2002
Grant Application
Section II. Page 19
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial St;:Jte and Local Law Enforcement Assistance Formul;:J Grant Progr;:Jm
(3) The undersigned shall reGuire 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.
39. State Restrictions on Lobbying
In addition to the provisions contained in Item 38 of Section G. Conditions of Acceptance and Agreement, the
expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this
co n tract.
40, "Pay -to-Stay"
Funds from this award may not be used to operate a .pay-to.stay" program in any local jail. Furthermore, no
funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this
condition, means an adult facility or detention center owned and/or operated by city, county, or municipality.
It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means
a program by which extraordinar; services, amenities and/or accommodations, not otherwise available to the
general inmate population, may be provided, based upon as offender's apparent ability to pay, such that
disparate conditions of confinement are created for the same or similar offenders within a jurisdiction.
41. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine
Laboratories
If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply
with this condition, which provides for individual site environmental assessmenVimpact statements as required
under the National Environmental Policy Act.
a. General Requirement: The subgrantee agrees to comply with Federal, State. and local environmental,
health and safety laws and regulations applicable to the investigation and C!osure of clandestine
methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes
used in or resulting from the operation of these laboratories.
b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving
the identification, seizure, or c!osure of clandestine methamphetamine laboratories can result in adverse
health, safety and environmental impacts to (1) the law enforcement and other governmental personnel
inVOlved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laborator;:
(3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining
chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest.
Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety
and environmental impacts from any of clandestine methamphetamine operations funded under this award, it
will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding
to include funding, as necessary, beyond that provided by this award; and (3) implement these protective
measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may
implement these protective measures directly through the use of its own resources and staff or may secure the
qualified services of other agencies, contractor or other qualified third party.
1. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure
or closure if of clandestine methamphetamine laboratories:
2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training
for law enforcement officials and other personnel assigned by the subgrantee to either the seizure
or closure of clandestine methamphetamine laboratories;
3. As determined by their specific duties, equip personnel assigned to the project with OSHA required
protective wear and other required safety equipment;
FDLE B me Formula Grant A fication Packa e
Revised 03/25/2002
Grant A lication
Section" . Page 20
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed
laboratory;
5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment,
and contaminated materials and wastes from the site(s) of each seized clandestine laboratory;
6. Dispose of the chemicals, equipment. and contaminated materials and wastes removed from the
sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly
licensed recycling facilities;
7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately
above in order to ensure proper compliance;
8. Have in place and implement an inter-agency agreement or other form of commitment with a
responsible State environmental agency that provides for that agency's (i) timely evaluation of the
environmental conditions at and around the site of a closed clandestine laboratory and (ii)
coordination with the responsible party, property owner, or others to ensure that ant residual
contamination is remediated. if necessary, and in accordance with existing State and Federal
requirements; and
9. Included among the personnel involved in seizing of clandestine methamphetamine laboratories. or
have immediate access to, qualified personnel who can respond to the potential health needs of any
offender(s)' children or other children present or living at the seized laboratory site. Response
actions should include, at a minimum and as necessary, taking children into protective custody,
immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up
medical tests, examinations or health care.
FDLE Byme Formula Grant Application Package
Revised 03/25/2002
Grant Application
Section 1/ - Page 21
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram
H. Signature Page
In witness whereof, the parties affirm they each have read and agree to the conditions set forth in -this
agreement, have read and understand the agreement in its entirety and have executed this agreement
by their duly authorized officers on the date, month and year set out below.
Corrections on this page, including
Strikeovers, whiteout, etc. are not acceptable.
State of Florida
Department of Law Enforcement
Office of Criminal Justice Grants
~~H .
Signature: ~
Typed Name and Title: Clayton H. Wilder. Community Prooram Administrator
Date: ~~ /3- o}..,
.. ~.... -. Subgrant Recipient
- Authorizing Official of Governmental Unit
(Commission Chairman, Mayor. or Designated Representative)
Typed Name of Subgrant Recipient: Monroe County Board of County Commissioners
Signature: -L~O~
Typed Name and Title: James L. Roberts, County Administrator
May 31, 2002
Date:
Implementing Agency
Official, Administrator or Designated Representative
Typed Name of Implementing Agency: Monroe County Board of County Commissioners
-~,,-)!J
Signature: " ~
Typed Name and Title: James L, Roberts. County Administrator
May 31, 2002
Date:
FDLE B me Formula Grant A fication Packa e
Revised 03/25/2002
Grant A lication
Section" . Page 22
APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH
EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram
SUBGRANTEE CERTIFICATION
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 the Subgrantee (Subgrant Recipient)
(Select one of the following):
XX Meets Act Criteria
Does not meet Act Criteria
I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand
that if the Sub grant Recipient meets these criteria, it must formulate, implement and maintain a written
EEO Plan relating to employment practices affecting minority persons and women. I also affirm that
the Subgrant Recipient. . . (Select one of the following):
XX Has a Current EEO Plan
_Does Not Have a Current EEO Plan
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written
EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days
after a subgrant application for federal assistance is ~~ ~funds.
Signature of Subgrantee Authorized Official
Type Name: James l. Roberts
Title County Administrator
Subgrant Recipient: Monroe County Board of County Commissioners
Date: May 31. 2002
FDLE Byrne Formula Grant Application Package
Revised 03/25/2002
EEO Certification
Appendix IV - Page 1 of 2 ~ j
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
H. Signature Page
In witness whereof, the parties affirm they each have read and agree to the conditions set forth in- this
agreement, have read and understand the agreement in its entirety and have executed this agreement
by their duly authorized officers on the date, month and year set out below.
Corrections on this page, including
Strikeovers, whiteout, etc. are not acceptable.
State of Florida
Department of Law Enforcement
Office of Criminal Justice Grants
o jlm ;.j. .
Signature: ~
Typed Name and Title: Clavton H. Wilder. Community Proaram Administrator
Date: 4 - /.,s - a 1-
'.
Subgrant Recipient .
Authorizing Official of Governmental Unit
. (Commission Chairman, Mayor, or Designated Representative) , '
....
Typed Name of SUbgrant Recipient: Monroe County Board of County Commissioners
----/-"'-=~-J -
Signature:
Typed Name and Title: James L. Roberts. County Administrator
Date: May 31. 2002
.
Implementing Agency
Official, Administrator or Designated Representative
Typed Name of Implementing Agency: Monroe County Board of County Commissioners
--.-./ v~L,/
Signature:
Typed Name and Title: James L. Roberts. County Administrator
Date: May 31. 2002
FDLE B me Formula Grant A lication Packa e
Revised 03/25/2002
Grant A lication
Section" . Page 22
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19, 2003
Bulk Item: Yes C2J No D
Division: Manaqement Services
Department: Administrative Services
AGENDA ITEM WORDING: Rescind October 16. 2002 approval of contract with Florida
Department of Law Enforcement for Helpline. Inc. to provide the Parents Who Care
proqram.
ITEM BACKGROUND: Proqram funded 75% by Byrne Law Enforcement Grant and
25% by Monroe County match. Helpline has not provided information to show that the
proqram was substantially implemented to the deqree specified in the contract and
attachments. COpy of email request for information is attached. Substance Abuse
Policy Advisory Board will meet on April 28, 2003, and may make a recommendation as
to how to use these funds.
PREVIOUS RELEVANT BOCC ACTION: Approval of contract with FDLE October 16.
2002; rescission of related contract with Helpline is also on today's aqenda.
CONTRACT/AGREEMENT CHANGES: Rescission.
STAFF RECOMMENDATION: Approval.
TOTAL COST: 0.00
COST TO COUNTY: 0.00
REVENUE PRODUCING: Yes D No C2J
'~
BUDGETED: Yes C2J No D
SOURCE OF FUNDS: n/a
AMOUNT PER MONTH
YEAR
APPROVED BY: COUNTY ATTY ~ ~CHA~ING ~ RISK MANAGEMENT ~
DIVISION DIRECTOR APPROVAL: - V~ t[ &p~../
Sheila A. Barker
DOCUMENTATION: INCLUDED: C2J TO FOLLOW: D NOT REQUIRED: D
DISPOSITION:
AGENDA ITEM #: C - 3 0
ltevised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19, 2003
Division: Management Services
Bulk Item: Yes ~ No 0
Department: Administrative Services
AGENDA ITEM WORDING: Approval of amendment extending the term of the contract
between Florida Department of Law Enforcement and Monroe County for the Monroe County
Jail Incarceration Program, using funds provided under the Residential Substance Abuse
Treatment Grant.
ITEM BACKGROUND: Seventy-five percent funding is provided by the Florida Dept. of Law
Enforcement under the Residential Substance Abuse Treatment Grant Program for inmates in
correctional institutions with six to twelve months remaining on their sentences. Services
provided by Care Center for Mental Health, Inc. Rate of sl'ending has been slightly less than
anticipated, and FDLE has agreed to extend the expiration date.
PREVIOUS RELEVANT BOCC ACTION: Apl'roval to apply for grant funds given at December
19. 200 1 meeting. Contract with FDLE and contract with Care Center for Mental Health
approved at March 20, 2002 meeting.
CONTRACT/AGREEMENT CHANGES: One month extension of contract term to March 14.
2003.
STAFF RECOMMENDATION: Approval
TOTAL COST: $170,380.00
BUDGETED: Yes ~ No 0
COST TO COUNTY: $42,595.00
REVENUE PRODUCING: Yes 0 No ~
AMOUNT PER MONTH
YEAR
APPROVED BY:COUNTY ATTY ~MB/PURCHASING 0 RISK MANAGEMENT rt1Jf
DIVISION DIRECTOR APPROVAL: r-~!L~j~
~ I
C .-' ?L..vh/f..-/'
Sheila A. Barker
DOCUMENTATION: INCLUDED: r8J TO FOLLOW: 0 NOT REQUIRED: 0
DISPOSITION:
AGENDA ITEM #: ~ /
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Florida Department of Law Effective Date: 02/15/02
j{:"
Enforcement 3/ J '-II L1')
Expiration Date: .Q.2/') 8/03
Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of
the Residential Substance Abuse Treatment Program.
Contract Manager: David P. Owens
(Name)
4482
(Ext. )
OMB/Grants Mgt.
(Department)
for BOCC meeting on 03/20/02
Agenda Deadline: 03/06/02
CONTRACT COSTS
Total Dollar Value of Contract: $170,380.00 Current Year Portion: $99,388.33
Budgeted? Yes X No Account Codes: 125-06019-530490-GG0209-XXXXXX
Grant: $127,785.00
County Match: $42,595.00
ADDITIONAL COSTS
Estimated Ongoing Costs: $2,857.00 For: Staff support-filing reports, oversight
(Not included in dollar value above) (eg. Maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed Reviewer
YesD NoD
YesD Noff . /./, ~ .
YesD No~ - l?t'~C C
0.// /,-
YesDNo~ ~
Date Out
Division Director
Risk Management 31, lId 3
O.M.B./Purchasing ~ll~o ~
County Attorney 3/10 ( (/3
JlldD3
~ h\v3
')//03
Comments:
OMB Form Revised 9111/95 MCP #2
Revised 2/95
James L. Roberts
County Administrator
1100 Simonton Street
Key West, FL 33040
305-292-4441
,""'.... -----.
I
O. .~~,rY ~o~!'L~~E
13051294-4641
,....~==- BOARD OF COC:"iTY CO:\I:\IISSIONERS
Mayor Dixie Spehar, District 1
\layor Pro Tern Murray ~elson, District 5
George Neugent, District :2
Charles McCoy, District 3
David Rice, District .:+
February 25, 2003
Mr. Clayton H. Wilder
Community Program Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Re Residential Substance Abuse Treatment Grant contract 02-CJ-2H-11-54-01-004
Dear Mr. Wilder:
We would like to request program modifications to the above-referenced grant. Attached are pages
from the approved program agreement that need revision. We propose changing the ending date of
the grant contract to March 14, 2003.
It happened that group insurance costs were overestimated in the application, and that category has
been underspent. During the extended period, we will spend funds for the same purposes as we have
been so far in the grant year.
Your favorable consideration regarding the proposed modifications will be greatly appreciated. If you
or your staff needs further information, please contact me. Thank you for your continued assistance.
Very Truly YOU~
J5-<
James L. Roberts
County Administrator
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
B. Administrative Data
1. Project Title Monroe County Jail Incarceration Program
(Provide a brie; descriptive title. must not exceed 36 total spaces and characters)
2. Project implementation period Start: February 15. 2002 End: March 14.2003
c. Fiscal Data
1. (If other than the Chief Financial Officer) Remit Warrant to
Title Grants Administrator
I E-Mail Addressmcarnts(a)mail.stateJl.us
I
Name David P. Owens
Address 1100 Simonton Street
C' K W t FI 'd
I z' C d 33040
Itv ey es. on a 10 o e I
Area Code/Teleohone No. 305-292-4482 I SunCom I Fax 305-292-4515 i
If subgrantee is participating in the State of Florida Comptroller's Office electronic transfer proqram,
reimbursement cannot be remitted to any other entity.
2. Vendor Number I
(Federal Employer Identification Number) 59-6000749
3. State Agency SAMAS # I
(Applies to State Agencies only)
4. Will the Project earn Project Generated Income (PGI) as defined in Section H, Paragraph 14?
(Check one)
Yes _X_ No
5. Will the applicant be requesting an advance of federal funds? (Check cr.e) I
I
Yes (If Yes, a letter of request must be attached) _X_ No I
6. Will applicant submit monthly or quarterly ReimbursementRequests as specified in Section G, Item 1 b, of this I
agreement? (Check one) I
Monthly - XX _Quarterly
SubgrantApplicailon
Section III
SFY 2002
Page 3
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
F. Project Budget
1. Schedule Summary
a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits. Contractual Services,
Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Tetal Local Match must
be a minimum of 25 percent of the Total Project Costs.
b. Enter the amount of federal, matching, and total funds by budget category that you will use to support
project activities. Enter dollar amounts only in applicable categories based on tmals from the Budget
Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total Project
Costs.
Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank.
Budget Category Federal Match Total
I
Salaries And Benefits
Contractual Services 127,785.00 42,595.00 170,380.00
I
Expenses
I
Operating Capital Outlay
Indirect Costs
Totals 127,785.00 42,595.00 170,380.00
Subgrant Application
Section 11/
SFY 2002
Page 12
Residential Substance Abuse Treatment Grant Program
Florida Department of Law Enforcement
B. Administrative Data
1. Project Title Monroe County Jail Incarceration Program
(P.-ovide a brief descriptive title, must not exceed 36 total spaces and characters)
2. Project implementation period Start: March 15,2003 End: March 14,2004
C. Fiscal Data
1. (If other than the Chief Financial Officer) Remit Warrant to:
Name David P. Owens
Title Grants Administrator I E-Mail Address owens-david@monroe county-fl.com
Address 1100 Simonton Street
Crt Key West I Zip Code 33040 I
Area CodeiTelephone No. 305-292-4482 I SunCom I Fax 305.292-4515
If subgrantee is participating in the State of Florida Comptroller's Office electronic transfer proqram,
reimbursement cannot be remitted to any other entity.
2. Vendor Number
(Federal Employer Identification Number) 59-6000749
3. State Agency SAMAS #
(Applies to State Agencies only)
4. Will the Project earn Project Generated Income (PGI) as defined in Section G, Paragraph 14?
(Check one)
Yes _X_ No
5. Will the applicant be requesting an advance of federal funds? (Check one)
Yes (If Yes, a letter of request must be attached) _X_No
6. Will applicant submit monthly or quarterly Reimbursement Requests as specified in Section G, Item 1b, of this
agreement? (Check one)
_Monthly _X_Quarterly
SFY 2C03 Subqrant Application Packaqe
Section 5
Page 25
Residential Substance Abuse Treatment Grant Program
Florida Department of Law Enforcement
E. Program Description/Objectives Continued
3. Complete the Activity Implementation Schedule showing when activities in the Program Description will
commence and how the project will progress. This chart benchmarks planned activities, both
administrative and oro rammatic. Start below and use continuation oa es as r,ecessarv.
Subgrant Period
--,
Marc~ 15. 2C03 :hrough ivlarch 14, 2004
Beginning Date End Date
I Mar I Jun I Jul I
ACTIVITY Jan : :=eb Aor Mav ..l,uq SeD Oct Nov Dee
Submit Financial Reimbursement I X I X I X X
Requests
I I I i
Submit Quarterly Program Reports X X I X X
i
Submit Quarterly PGI Reports I I i
I
(If applicable) I
Submit Financial Closeout Package X I I I
X I X X I X I X X X I X X X X X
Life Skills I
I
Rational Emotive Therapy X X X I X X X X I X X X X X
Addiction Education X I X X I X X X X I X X X X X
Twelve-step Work X I X X I X I X I X I X I X I X X X X
I
Literacy Skills Training X I X X I X X X X I X X X X X
Anger Management X I X X X X X X X X X X X
Domestic Violence/Relationships X I X X I X X X X I X X X X X
VocationaltTechnical Training X I X X I X X X X I X X X X X
Drug Court/Advocacy X X X X X X X I X X X X X
Individual Counseling X X X X X X I X I X X X X X
i
SFY 2003 Subqrant Application Pac:-<aqe
Page 32
Section 5
Office of Criminal J~stice Grants
F:orida Department oz Law Snzorcement
2331 Phillips Road
Tallahassee, Flo~ida 32303
SCBGRJ...);TEE: Monroe County
T:::TLE OF PROJECT: Monroe County Jail Inca~ce~ation P~ogram
GRANT NUMBER: 02-CJ-2A-11-54-01-004 ADJUSTMENT NO.: 2
NATURE OF ADJUSTMENT: Change in grant period DATE: a-~-c3
GRF.NT ADJUSTME)1: NO'~=CE
TO SUBGRANTEE:
Pu~suant to your request of 02/25/2003 the following change,
amendment, or adjustment in the above grant project is approved
subject to such conditions or limitations as may be set forth
below:
A~O~~ ~~f~
Clayton H. Wilder
Community Program Administrator
The grant period is extended through March 14, 2003.
)..?'Jr~ ::,\.'::~\
;\i',,] ,-,: ,4.L S'~;;~i::='1
3'1
~! j- l'\.l~::'. HI ;TTr......,,7
;- ,,:~ 3jitloj", 'v"
Retain __his Grant Adjust~ent Notice as part of the official project
records. (4/13/93)
( C 1SQ7'1 0 +-
o Y'~ ~\ f\.c:x l )
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
CERTIFICATION OF ACCEPTk~CE O~ SUBGR~T AW~RD
The subgrantee, through its authorized representative,
acknowledges receipt and acceptance of subgrant award number
02-CJ-2A-~1-54-0~-004 in the amount of $~27,785,
for a project entitled: Monroe Co~~ty Jail Incarceration Program
for the period of 02/15/2002 through 02/~4/2003, in accordance with
the statement of work contained in the subgrant application, and
subject to the Florida Department of Law Enforcement's conditions
of agreement and special conditions governing this subgrant.
(Signature of Authorized Official)
..(Date of Acceptance)
".
(Typed Name and Title of Official)
',i
.,....-~
,.r', .,
. .
State of Florida
Office of Criminal Justice Grants
Florida Department of Law Enforcement
SUBGRANT AWARn CERTIFTCA~E
Subgrantee: Monroe County Board of Commissioners
D2. te of Award: February 18, 2002
Grant period: From: 02/15/2002 TO:02/14/2003
Project Title: Monroe County Jail Incarceration Program
Grant Number: 02-CJ-2A-11-54-01-004
Federal Funds: $127,785.00
BGMTF Funds:
State Agency Match:
Local Agency Match: $42,~95.00
Total Project Cost: $170,3BO.00
Program Area: 001
Award is hereby made in the amount and for the period shown above
of a grant under Title IV of the Violent Crime Control and Law
Enforcement Act of 1994, P.L. 103-322, as amended, 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 Guide'for Grants,
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 subiect to such further rules,
requlations and policies as may be reasonably prescribed by the
State or Federal Government consistent with the purposes and
authorization of P.L. 103-322, as amended.
SUBGRANT AWARD CERTTFICA~E (CONTINUFn\:
This grant shall become effective on the beginning date of the
crant period provided that within 30 days from the date of award,
properly executed Certificate of Acceptance of Subgrant Award
is returned to the department.
QQ~l^" 1--\ . ~
AuthorIzed Official
Clayton H. Wilder
Community Program Administrator
2--/8-- c> L
Date
...
CLFR Y' S n Q.: G.jt-J,~ too
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
RECEIVED
APPLICATION FOR FUNDING ASSISTANCE
Dc:e 3 1 2001
FDLE Contr~.ct.~L,I.!:l!be~:_- _ ~_'J :::. '.:._ <_ '.
. Thisn0,"::berwilfbeinsertedbvFDLE:J.' 2002..<::...... -:A.1.1_:>... .Sll:-004 . _., _'_"
..~ .." ... '. _. ,"'4,.", ",_.__ .. a ,". _'~'_'_"""';' _."
. . .-.....A> Ap'plic?nt lh'f6-r'm'ation':
. ,'_ 'lo,. .' ~ . _ ,.,
Prior Contract Number: 01-CJ-9K-11-54-01-006
(This se:::.-: :a be campleted by Subgrantee)
. .
- ~ -~-
.... . :,.. ..:.(..':.11
OFFICE OF CRiMiNAl NSTlcE GRA.NiS
-'-.-. .'-.....-.. . . .", .. -,~. --;0.-1
.,. '" C'.'."'. 1
; :/:~.:.;~~~?l.
County Name: Monroe i 'Federal CFDA N~~be'r~J~?593. .. .,:~~.
Iii 1. Sub grant Recipient Information (Governing body of a city, c;~nty or Incian Ti-ibe'perior'7Ji~g criminal j~stice' fu'n:t!cns :-::~';~
as :e:er.7lined by the U. S"~ec;.eta.ry of tM Intencrj. . ':- '-." '-. .'.- ",,,; < '.. '. --,... . ".:-' ,.-..,. , . --. -":. ..:..~.>:;;
Aaenc Name Monroe Count Board of Commissioners
Nar:-:e of Chief Elected Official/State Aqencv Head Charles 'Sonny' McCoy
r Title \~a'/or I E-Mail Acdress I
I Whitehead
i Adcress 530 Street
r City Key West, Florida I ZiD Code 33040
I Area Coce.rr eleohone No. 305-292-3430 I SunCom I Fax 3Q5-292-3577
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. .
Na~e of Chief Financial Officer Dannv L. Kolhace
Title Cieri< of the Court T E-Mail Address
Adcress 500 Whitehead Street
Cit'1 Kev West, Florida .. I ZiD Code 33040
1 - \
Area Coder; eleohone No. 305-292-3550 SunCom Fax 305-292-3660
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Acencv Name
Monroe County Board of Commissioners
Name of Chief Elected Official/State Acency Head James L. Roberts
I E-Mail Adcressilrobert\clmail.state.f1.us
Tit:e County Administrator
Accress 1 i 00 Simonton Street
Cit'l Key West. Florida \ Zio Code 33040
Area Code,rreleohone No. 305-292-4441 I SunCom I Fax 305-292-4544 ..' ...'
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4.. Pro J e ct D Irector(lndividual in. direct charge 'cf managing and/or implementing project activities -must be an employe~ of ttJ~. "~~.!;t
"-lm:;/eiTlentingAgency).":::''-:'>~:':':''':'';' '..', . >~:::'<'" -"~'.: ~-~. '. r.:..:.,.. .... "'.:'''.'.'.:':':. '.:'" .:;:S5
Name of Proiect Director Dayid P. Owens
T":'" Grants Administrator
I E-Mail Addressmc:Jr:-:ts(C)mcil.s:a:e.f:.us
Address 1 i 00 Simonton Street
k:3 Gode! 7eleohone No. 305-292-4482
I SunCom
I Zip Code 33040
I rax 305-292-4515
Ct'l Key 'Nest Florida
Su:;grar:: ~=::Jlication
Section III
SF'( 2002
Page 1
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
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.5.; Co ntact .Perso n' (if.o.ther.tJ:.an p"roject D!rector)~~~.:r-:,~~~':'-~+~;:.~~~,~~.::'0';;';::"?~:if!i,~~:!:;il:52!"'. ~,~ ~ ..
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N3~e of Contact Person Candice Atwood
Title Chief Financial Officer
E-Mail Address
i
J
Ad::~ess 1205 Four.h Street
City Key West, Florida
Area CodelTeleonone No. 305-292-6843
, SunCom
liD Code
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I
I
I
Fax 305-292-6723
;'..:encv Name Monroe County Grants
Na:71e of Chief =:ec:ec Official! State Acencv Head David P. Owens
Title Grants Acministrator
E-Mail Addressmccmts@mail.state.fl.us
Acdress 1100 Simonton Street
City Key West. Fiorida
I liD Code 33040
Area CodeiTe!eohone No. 305-292-4482 SunCom Fax 305-292-4515
;]};;p1r~m~~~~~6Wi~WlrWa1f~p~rf6i~~it'l~~~Wt~~;:r~~
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Name of Proiect Director Jav Terrell
Title PrOQram Coordinator
E-Mail Address
Ac.:ress 55G 1 Coile!"le Road
City Key West. Florida
Area CodeiTeleohone No. 305-293-7346
lie Code 33040
SunCom
Fax 305-293-74.44
Subgrant Application
Section III
SFY 2002
Page 2
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
. .. "'" '_'" ......... ~....'.,- -"_',__[0"' .'.f"......- .t'.~ .t.........:..._.-..."'. -.(" "''l!.,'9l.'__',. ...-..,_..,- ....j~,'ol:...~..".fo...' -_~~ ..'__". ... ...... ... 4.~_ t"" . " .' ,-........ 'Z._.'!" 'lf~~~~""';"".1
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1. Project Title Monroe County Jail Incarceration Program
(Prcvide a brief descriptive title, must not exceed 36 total spaces and characters)
2. Project implementation period Start: February 15, 2002 End: February 14, 2003
:~k~i~k~~~~~~~4}~~~~~j~~~~~~~~1;'f'4~~vff~E~1:9~r~J~~~!1~~~l~ffA~iiD
1. (If other than the Chief Financial Officer) Remit Warrant to
Name David P. Owens
Title Grants Administrator I E-Mail Address mccmts@mail.state.fLus
Address 1100 Simonton Street
Citv Kev West. Florida I Zip Code 33040
Area Code/Telephone No. 305-292-4482 \ SunCom I Fax 305-292-4515
If subgrantee is participating in the State of Florida Comptroller's Office electronic transfer proqram.
reimbursement cannot be remitted to any other entity.
2. Vendor Number
(Federal Employer Identification Number) 59-6000749
3. State Agency SAMAS #
(Applies to State Agencies only)
4. Will the Project earn Project Generated Income (PGl) as defined in Section H, Paragraph 147
(Check one)
Yes _X - No
-
5. Will the applicant be requesting an advance of federal funds? (Check one)
Yes (If Yes, a letter of request must be attached) _X - No
6. Will applicant submit monthly or quarterly Reimbursement Requests as specified in Section G, Item 1 b, of this
agreement? (Check one)
Monthly _XX_Quarterly
Subgrant Application
Section III
SFY 2002
Page 3
""-
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
1. Program Facility (check all that apply)
':i~;~;~~'~", ~~::::: <::',r.:~(;,: .'"fS ~:./ i~'~ ;-::.~':2.s~~~~:titiQ~:;::I~!9-g~'m' Dat~i(~:~:f~::':,:}~~i~i&~>:' ".~ ~'/:"?~~~js~~':~;;'\;;/:f;:. .;,.:;..t'
Prison
-
X Jail
_ Boot Camp
_ Work Camp
_ Halfway House
_ Community Corrections Program
_ Juvenile Detention Facility
_ Juvenile Correctional Facility
_ Other (specify)
2. Target Population (indicate number of clients to be served)
75
Adult Males
Adult Females _ Juvenile Males
Juvenile Females
3.
Services/Interventions Available (check all that apply to indicate services that will be
Offered)
Therapeutic C~mmunity
12-Step Program
Individual Counseling
Group Counseling
Acupuncture
Pharmacotherapy
Other Drug Treatment
Drug Testing
Mental Health Counseling
Educational Programs
Community Service
Victim Restitution
Restorative/Community Justice
Victim Awareness
Mediation
X . Domestic Violence
Reduction
Projection of Successful Completions (indicate number of clients projected for each phase):
X
X
X
X
x
X
X
X
X
4.
_ Family Counseling
_ Sex Offender Treatment
_X_ Impulse/Anger Control
_X _Work Activities
_X _ Job Skills Development
_X_ Job Placement
_X_ Aftercare Services
_X Structured Leisure Time
_X _ Leadership Training
_X _ Mentoring
_X_ Parenting Training
_X_ Cognitive Restructuring
_X _ Financial Management
_X_ Other (specify)
_X_ Relationalship Issues
X_ Court Liason
a. A total of _75_ participants are projected to successfully complete the residential
substance abuse treatment service phase during the subgrant period.
b. A total of _60_ participants are projected to successfully complete the aftercare
treatment phase during the subgrant period.
Subgrant Application
Section III
I
SFY 2002
Page 4
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
E. Program Descriptio,n/Objectives . '::.:.~:},.--I
1. Begin with an exe::utive-stvle summarY which is aooroximatelv one Daae in lenath describinc the oroiect to be I
funded with RSA T funds. Start below. i
PROBLEM IDENTIFICATION
Accordin2: to the Monroe County Deter.tion Center over sixtv :ler cer~t of the ir.:nates currently
- .. "" ... ..
housed here have substance abuse related charges as a direct resuit of their drug use "vhich is pef\:asive
in Monroe County. The inmates need help with anger management, domestic abuse, job and housing
placements, educational and literacy improve:nents, aftercare, mental health counseling, referrals, ad
pharmacological assessments.
SOLUTION
Presently the Jail Intervention Program operates an in house substance abuse treatment program
funded by the Momoe County COITl.J.l1issioners and a:1 RSA T g:-ant. This prog:-am began in 1997 with a
BY"TIle Grant that ended in October 2001. That progra:n served approximately 800 inmates and ended
, with a thirty percent recidivism rate as compared to a seventy per cent recidivism rate for inmates in
2:eneral.
- Under the RSAT grant the program ,,'vas expanded and en.hanced. The inmates (male) are housed
i:1 a separate dorm for program inmates. The. inmates who vollli'lteer for the program have liaison and
advocacy if needed to help them get treatment either in this pro gram or another treatment program
deemed appropriate. All inmates in the program are screened to ascertain any special needs and an
individualized treatment plan is Vlritten for them. (A copy of the treatment plan form is included in this
summary). Tne treatment id reviewed every thirty days and updated as needed. The program outlined for
them will include any special counseling in the areas of anger .management, domestic abuse, parenting
classes, life skills, and mental health counseling. They will als'D be screened and referred for educational
and/or vocational training, transitional housing, aftercare, "vork release, and medical assistarlce. Tnis
helps increase the likelihood of success in recovery and decrease the criminal activity associated with
substance abuse.
The program will continue the present format. The emphasis on cognitive behavioral therapy and
rational emotive therapy are the backbone of the program. The n-velve-step approach, life skills, and
arJmusic therapy provide a well-rounded approach to the treatment of addiction. An outline of the
format is included as well as a schedule for the daily activities.
In January, the program will offer parenting classes for inmates with children. The inmates will
be screened, as they are now, for this program as \vell as for anger managemer.t, domestic abuse, work
release, and relationship problems. The staff facilitates some of these special groups and coordinates
with community resources that specialize in these a:-eas.
Referrals will be made and assistance provided for inr:1ates u'1at need English as a second
language, literacy skill improvements, and GED classes. Life skills classes will address how to look for
work, fill out ajob application, \"TIte a resume, obtain a job (in conjunction with work release), apply for
educational assistance, provide basis communications skills, and ho..." to mentor. The addition of two
computers has made it possible to teach COr:-'~-:1Uter literacy, '.\'::ich is another vital skill, needed for
obtaining and maintaining many jobs in the community.
The progra:n lasts six months with t\\'o mor::hs of af:e:-care t:?on rele2.se f:-om the progT:lffi. The
aI-te:-care continues to be provided by the Ca:-e Cer.ter for Mental Health.
Subgrant Application
Section III
SFY 2002
Page 5
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
Sl:1Ce tte progra:n will need to be fully funded by RSAT, the number ofinrnates expected to complete
the program will 75. It is projected that
S 0% of the inITIates served will successfully complete the aftercare program.
98% of the inmates served in the program will remain drug free.
70 % of the inmates served will not test positive during their aftercare program.
85% of the inmates will not violate probation during their aftercare program.
70~'O of the inmates served will not remain to jail during the first year of their release.
OBJECTIVES
During this time, contractual staff from the Care Center for Mental Health will be able to
Utilize their experience and training for all the staffing that the program requires. The Care Center for
l-.fental nealth holds the substance abuse treatment license for the jail, and provides the administrative
and case management services as mandated by Florida Administrative Code 1 O-E 16.
The program coordinator must hold a Master's level in counseling and Psychology and be a
Certified Addictions Professional in Florida. The present coordinator is also a Licensed Mental Health
Counselor. The other three counselors must be Certified Addiction Professionals or be certified eligible.
All the staff do intakes, make up treatment plans, conduct group and individual substance abuse
counseling, address relationship. issues, conduct MRT and RET sessions, submit case notes, and prepare
progress and court reports.
Under the direction of the Program Coordinator, random drug testing is conducted weekly \vith
all the inmates being tested monthly. The Detention Center has an ETS Plus System that can analyze for
drug urine screening, toxicological serum screening, and quantitative analysis of ethyl alcohol in lL."'ine
and seru:n!plasma. It works for the following classes of drugs:
Amphetamine/Met amphetamine, Amphetamine, Barbiturate, Benzodiazepine, Cannabinoid, Cocaine,
Methadone, Methaqualone, Opiate, Phencyclidine, and Propoxphene. The counseling staffwitb. a clear
chain of custody and a d;::railed test form conducts the testing. (A copy of the form is attached to this
summary).. .'
Under the agreement with the Care Center for Mental Health, the inmates \vho complete the
incarcerated portion of the program are attending aftercare there. The clients are evaluated monthly.
The Program Coordinator further evaluates the program's effectiveness by tracking the in...'Tlates
who have completed the program through. probation and checking for any new arrests in Monroe COllilty
and nationwide. For recidivism purposes, a sample of the program's clients is compared to a random
sample within the jail's population of inmates who received no treatment.
The Program Coordinator reviews all the testing and screening of the clients and makes the final
determination for appropriate treatment. All inmates in the program are staffed weekly in a team
treatment meeting. With training in E:NIDR, Reality Therapy, trauma and abuse issues, anger
managernent, and mental health problems, the Program Coordinator does counseling in those special
areas as well as perform their administrative tasks and grant reporting. The Program Coordinator is the
liaison bet\veen the program, the Detention Center, and the Care Center.
Subgrant Application
Section ",
SFY 2002
Page 6
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
'~',~:';: :..- " ,: '-c~": ~r9~~~m De~'~:~Jptio.n!Obj~~t~Y~S;.~9~~~~.~~~;~/...:-_;,i':;~?:,::?st;~~~~~':~:~1
2. Provide a brief description followed by objectives for each project activity checked in Section D. Program
Data, Paragraph 3, Services/Interventions Available. Describe who will do what, when, where and how. The
narrative should be limited to no more than ten paaes. Start below.
I Monday
I . .
I
I 9-11 Al'Yl
I I I !
Tuesday 9-11 AM I I
I C MALES I Life Skills I Mary I
I D MALES I Relapse Prevention I Randv
1-3 PM o MALES I Life Skills I Mary
I C MALES I Steps I Jay
I I
H MALES IMRT i Boyd
3-5 PM . Anger Management I Jay
I I
Wednesday 9-11 AM H MALES ArtIMusic Therapv I Mary
1-3 Pl'Yl H MALES I Steps I Jay
1-3 Pl\l C MALES \ N1RT I Boyd
1-3 PM D l'YfALES I ArtIMusic Therapy I Marv
I I
Thursday AM/PM S taffin gJintakes!paperwork I All
1-3 D MALES Steps I Jay
I I
Friday AM I All I Film I Staff I
I 3-5 Pl'vl
C MALES
H MALES
D MALES
H MALES
C MALES
I Relapse Prevention
\ Life Skills
N1RT
I Rela se Prevention
I .A.rt Music Therapv
I Randy
I Ma
I Bovd
I Rand
I ~-farf
11-3 PM
. There may be times when the groups must be combined due to stajjing. Please be flexible.
Art and 'Music Therapy Syllabus
Purpose: To promote healthy activities and open-mindedness, explore individual talents and creativity,
Encourage conversation and social interaction using different forms of music and art.
Weeks 1, /,14,20 Working with Paint - Music \vill be personal choice
\Veeks 2,8,15,21 \Vorking with clay - Music will be soundtracks from music2.l productions
Weeks 3,9,16,22 Origami - Music will be personal choice
Weeks 4,10,17,23 Drawing - Music will be classical
Subgrant Application SFY 2002
Section (/J Page 7
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
'Weeks 5,11,18,24 Collage- Music will be personal choice
Weeks 6,12,19,25 Finger Painting- Music will be ethnic
Life Skills Syllabus
Weeks 1-13 Vital Issues Projects Inc- Personal Development and Life Management Program
(to include computer skills, reading, workbook exercises and discussion)
Lesson 1. Understanding the Concept (video)
Lesson 2. Motivation
Lesson 3. Habits, Attitudes and Conditioning (video)
Lesson 4. Abundance of World and Self
. Lesson 5. Self-conditioning Pro~ess (video)
Lesson 6. A Successful Way of Life
Lesson 7. The Problem Solving Process (video)
Lesson 8. Emotions and Emotional Blocks
Lesson 9. Assurances and Demonstrative Maturity (video)
Lesson 10. Family Success
Lesson 11. Family Relationships (video)
Lesson 12. Interfamily Understanding and Communications
Lesson 13. Financial Stability (video)
Lesson 14. Effective Communicating
Lesson 15. Getting and Keeping a Job
.'
Weeks 14-20 A Program for Recovery from Addictions
( a series of workbooks based on the 12 Steps to Recovery and 5 Steps to Decisions)
Step 1. Admit the Truth
Step 2. Restore Sanity (video)
Step 3. Decide to Surrender
Step 4. Take Inventory (video)
Step 5. Tell the Truth
Step 6. Get Ready for Action (video)
Step 7. Humbly Ask
Step 8. Become \ViIling (video)
Step 9. Mak:e Amends
Step 10. Take responsibility (video)
Step 11. Make Contact
Step 12. Live Right (video)
Subgrant Application
Section III
SFY 2002
Page 7
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
Weeks 21-25 V.l e will cover a variety of topics utilizing experts from the cOITlmunity \\-henever possible.
Resume skills and computer training \vill be emphasized.
Job Readiness, Healthy Living, Communication Skills, Financial Planning, Parenting, a:ld Educational
Opportunities.
Steps Syllabus
Purpose:
For clients to become aware of the Twelve Steps of the A....AINA Program and how to work them into
their daily lives.
Week One:
_Week Two:
Week Three:
Week Four:
Week Five:
Week Six:
\Veek Seven:
Week Eight:
Week Nine:
Week Ten:
Week Eleven:
Week Twelve:
Week Thirteen:
Week Fourteen:
Week Fifteen:
Week Sixteen:
Week Seventeen:
Week Eighteen:
Week Nineteen:
Week Twenty:
Week Twenty-one:
Week Twenty-nvo:
\Veek Twenty-three:
Week Twenty-Four
Overview of Addiction
Video- Cycle of Addiction - Louis Mark
Explore individual Belief System
Quick Overview of the Twelve Steps -Video- Spirituality- Louise Mark
Step One- Read and comment
Step One- Individual Interpretation
Step One- Written Work
Step Two- Read and Comment
Step Two- Individual Interpretation
Step Two- Written Work
Step Three- Read and Comment
Step Three- Individual Interpretation
Video- Chalk Talk- Father Martin
Honesty
How the steps work in our daily lives.
Readings from the Big Book
Video- Re-Engaging Society- Delbert Boone
Speaker- "How the steps have affected his life"
Step Four- Read and Comment
Step Four- Individual Interpretation
Step Four- Written Work
Individual Presentations on \Vhat Step One means to me
Individual Presentation on Vlbat Step Two means to me
Individual Presentation on \Vhat Step Three means to me.
lYloral Reconation Therapy Syllabus
Purpose: Systematic step by step treatment strategy designed to enhance self image, promote growth of a
positive, productive identity, and facilitate the development of higher stages of moral reasoning.
Weeks 1 & 2. Clients reads first 42 pages ofthe workbook and observes in MRT groups.
Subgrant Application
Section 111
SFY 2002
Page 8
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
Week 3. Client presents Step 1
Week 4. Client presents Step 2
Week 5. Client presents Step 3
Week 6. Group views "The Hijacked Brain"
Week 7. Discussion group
Week 8. Client presents Step 4
Week 9. Client presents Step 5
Week 10. Client presents Step 6
Week 11. Client views "Spirituality and the Steps".
Week 12. Discussion group
Week 13. Client presents Step 7
Week 14. Client presents Step 8
Week 15. Client presents Step 9
. Week 16. Client views "The Biochemistry of Feelings"
Week 17. Client presents Step 10
\Veek 18. Client presents Step 1.1
Week 19. Client presents Step 12
Week 20. Client views "The Psychology of Addiction
Week 21. Discussion Group
Week 22. Life story presented to group
Week 23. Feedback on client from the group
Week 24. Focus on client's concerns prior to release.
Relapse Prevention Therapy Syllabus
Purpose: To facilitate an understanding of relapse as part of the disease of addiction and help clients
identify relapse situations and how to deal with them.
Weeks 1,7,14,20 - Basic Understanding of Communication
Weeks 2,8,15,21- Understanding the Disease Concept of Addiction
Weeks 3,9,16,22- Cycle of Addiction - Identifying the Rituals of Using and Testing Reality
Weeks 4,10,17,23 - F eelings/Emotions Workbooks
Weeks 5,11,18,24- Belief SystemIRelapse Triggers
Weeks 6,12,19,25- Perfectionism/Self Esteem Workbooks
Weeks 1-13- The Goals of Therapy and Understanding Self
Lesson 1. \Vhat is corrununication?
Lesson 2. Purpose of Therapy
Lesson 3. How to use feedback.
Lesson 4. Truth Tables and self-presentation
Lesson 5. Self Evaluation
Lesson 6. Personality and understanding ego and character defects.
Lesson 7. Overcoming an.xiety
Lesson 8. Perfectior:ism
Lesson 9. Discussion of perfectionism
Subgrant Application
Section flf
SFY 2002
Page 9
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
Lesson 10. Continuing Recovery Skills video
Lesson 11. Discussion of recovery skills.
Lesson 12. Shame video
Lesson 13. Discussion of shame
Lesson 14. Griefvideo
Lesson 15. Discussion of grief
Weeks 14-20 - Know Thyself
Videos and workbooks followed by discussion groups
Lesson 16. Understanding video
Lesson 17. Anxiety and worry video
Lesson 18. Self-esteem video
Lesson 19. Guilt video
Lesson 20. Anger and Depression video
yVeeks 21-25
Lesson 21. Personality Issues
Lesson 22. Personal Trauma
Lesson 23-25 A variety of topics to include sexual issues and relapse, social support, family dynamics,
Big Book topics, and becoming a happier individual.
Subgrant Application
Section 111
SFY 2002
Page 10
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
.. .'~. E. . Program Descrip.tion/Objectives'Continued :;.:. ..
.. .....c.;..; ......,.....-. .-...... ...... '...........,.....: ..'_. ...:....-:......,..........~ __.:. . ..C"':.-"
3. Activitv Implementation Schedule. Complete the Activity Impiementation Schedule showing when activities in the
P,og,am Description will com:nence a~d how the project will progress. This chart benchmarks planned activities, beth
administrative and ::iO rammatic. Start ~e!ow and use continuation paces as necessary.
'Subgrant Period ....- . . .. .
Fe:,ruary 15, 2002 thrcugh Fe::ruary 14, 2003
Becinning Date End Date
, ..'~ ....:;
I
-
ACTIVITY I Jan Feb Mar I Aor I Mav Jun I Jul I Aue , Seo I Oct I Nov I Dec
Submit Financial Reimbursement I X I I X I I X I I X I
Requests
S~:r.;it Quar:erly ?rog;-am Re~crts I X I I I X I I X I I X I
Submit Quarterly PGt Reports ., I I I I I I I I I
(If applicable) i
Submit Financial Closeout Package I I X I I I I I I
Life Skills X X I X I X I X X , X I X I X I X I X X
R=8T Series I X I X I X I X X X I X X I X X X X
Addiction Education I X I X X I X X .' X I X I X I X X I X I X
Twelve Step Work X X X I X X X I X I X X I X , X I X
I
Literacy Skills I X X X I X X X I X X X X X I X
Anger Management X X X I X X X X , X I X X I X I X
Domestic Violence I X X X I X X X I X I X X I X X , X
Relationship Issues X I X X I X I X X , X I X X X X I X
Vocational Rehabilitation I X I X I X I X I X I X I X I X I X I X X I X
Cr,Jg CourJAdvocacy I X I X I X I X I X I X I X I X X X I X I X
Individual Counseling X X I X I X I X X I X I X X I X I X I X
, I I I I I I I
See also attached s::hedule I
Subgranr Application
Section /If
SFY 2002
Page 11
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
1. Schedule Summary
F. Project Budget
a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services,
Expenses, Operating Capital Outlay, and Indirect Costs) and Total Pioject Costs. Total Local Match must
be a minimum of 25 percent of the Total Project Costs.
b. Enter the amount of federal, matching, and total funds by budget category that you will use to support
project activities. Enter dollar amounts only in applicable categories based on totals from the Budget
Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total Project
Costs.
Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank.
Budget Category Federal Match I Total
Salaries' And Benefits
.
Contractual Services 127,785.00 42,595.00 170,380.00
Expenses
'.
Operating Capital Outlay
Indirect Costs
~;~{9~'~:i~~f!~~~_~~
,:;~, "~k-.::':; :.... .;~~:::..::." ;~: "'>({~~~~l
Subgrant Application
Section 11/
Totals
127,785.00
42,595.00
170,380.00
\
I
SFY 2002
Page 12
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
.:.~;'. '7. ,,~
..... '.;...
.: F:. ,.Br6j~.ct., ~~.ag~.t'GC?n!~~y~g;..~:_:':.'
--. . -- . -. .
.. .. ....... .'......, .,.... .-' I
". ..~_:. "":" "'~...:~ ~:~';~'~.~-~~~~.~.~".~.J.--ij:-~.~~==~~.;~ I
2. Budget Narrative
a. Identify type of Budget, Le., Actual, Unit Costs (supported by detailed cost basis), or Contractt.;al (supported by
back-up documentation that provides either the actual or unit costs basis for the contract).
b.The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Se:lefits,
Contractual Services, Ex;:>enses, Operating Capital Outlay, Indirect Costs). The Total Project Costs must be
included.
c. Under each applicable budget category (Salaries and Benefits, Contractual Services, Expenses. Operating
Capital Outlay, Indirect Costs) include a line item Budget. Describe in full each line item within the budget
category. The description should show sufficient detail to demonstrate a cost relationship to the project
activities.
d. Specify the sources of matching funds. [Source of match must be cash and represent no less tl-:an rNenty-five
(25) percent of the project's cost.]
e. Costs must not be allocated or included as a cost to any other federally financed program.
Continue on additional aces if necessarY.
Salary:
Program Coordinator
Substance Abuse Counselor 1
Substance Abuse Counselor 2
Substance Abuse Counselor 3
Benefits:
Total Salaries
42,000.00
26,000.00
26,000.00
26,000.00
120,000.00
FICA @7 .25%
Health Insurance
9,180.00
22,200.00
Educational Tools
(Workbooks, Videos, and other educational materials)
13,000.00
Office Supplies
(Charting materials, paper, and misc. supplies)
3,000.00
Travel
(Travel and fees associated with required trainings
to maintain licensure of program staff)
3,000.00
Total Program Costs
170,380.00
Match 25% from Monroe County General Revenue Funds
42,595.00
Grant Funds Requested
127,785.00
Subgranr Application
Section f/f
SFY 2002
Page 13
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
...... -, -. ,'" ." :.': .;", '. ~ . :--~ _._~~J:.. _;.'.. _":.-, ,,-J'.. ..;.....~-....~ . ........... :.- _ -_ .:..:: . . ". -.~.... '. .
,- - ' n. .... .. ':..'- ",'" ,", ,-'.': ,', G. Acceptance and Agreement ."~ '.:. --:'.:' .~. . - .:-;~ ~'~:ifti~S}t:
,- -
, .. ., . '
- " .. ." - "......, - ,:.., .' - . .' - . ". . - - . . '" .'. .' .
Conditions of Agreement: Conditions of agreement requiring compliance by units of local government
(subgrant recipients, implementing agencies and state agencies upon signed acceptance of the subgrant award
appear in this section. Upon approval of this subgrant, the approved application and the following terms of
conditions will become binding. Failure to comply with provisions of this agreement will result in required
cor-ective action up to and includino proiect costs beino disallowed.
I
All persons involved in or having administrative responsibility for the subgrant must read t~ese "Acceptance
anc Agreement" conditions. This "Acceptance and Agreement" (Section G) must be returned as part of
the completed application.
Definitions:
The term "Department", unless otherwise stated, refers to the Florida Department of Law Enforcement.
The term "Recipient" refers to the governing body of a county that 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 county or an agency under the direction of an elected official (for example, Sheriff).
1. Reports
a. Project Performance Reports:
The recipient shall submit Quarterly Project Performance Reports to the Office of Criminal
Justice Grants (OCJG) by February 1, May 1, August 1, and November 1 covering subgrant
activities occurring during the previous calendar quarter. In addition, if the subgrant award
period is extended beyond the "original" .project period, additional Quarterly Project
Performance Reports shall be submitted.
(1 )
b. Financial Reports:
Subgrant Application
2002
SectionJ//
The recipient shall have the choice of submitting either Monthly or Quarterly
Reimbursement Requests to the OCJG. Monthly Reimbursement Request (months 1
through 11) are due thirty-one (31) days after the end of the reporting period.
Quarterly Reimbursement Requests (1 st through 3rd quarter) are due thirty-one (31)
days after the end of the reporting period. In addition, if the subgrant award period is
extended, additional Reimbursement Requests shall be submitted as previously
discussed. A final Reimbursement Request and a Criminal Justice Contract
(Financial) Closeout Package shall be submitted to the OCJG within forty-five (45)
days of the subgrant termination period. Such Reimbursement Request shall be
distinctly identified as "final".
(2)
All claims for reimbursement of recipient costs shall be submitted on the Financial
Claim Report Forms prescribed and provided by the OCJG. A recipient shall submit
either monthly or quarterly claims in order to report current project costs. Reports are
to be submitted even when no reimbursement is being requested.
(3)
Before the "final" Reimbursement Request will be processed, the recipient must
submit to the OCJG 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.
SFY
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UH
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
(4) The recipient shall submit Quarterly Project Generated Income Reports to the OCJG by
February 1, May 1, A~gust 1, and November 1, covering subgrant project generated
income and expenditures occurring during the previous quarter. (See Paragraph 17.
Program Income.)
c. Other Reports:
The recipient shall submit other reports as may be reasonably required by the OCJG.
2. Fiscal Control and Fund Accounting Procedures
a. The recipient shall establish fiscal control and fund accounting procedures that assure proper
disbursement and accounting of subgrant funds and required non-federal expenditures. A!I funes
spent on this project shall be disbursed according to provisions of the project budget as approved
by the OCJG.
b. All expenditures and cost accounting of funds shall conform to the requirements of the Office of
Justice Programs' Financial Guide, U.S. Department of Justice Common Rule for State and Local
Governments, and those specified in the federal Office of Management and Sudget (OMS)
Circulars A-21, A-8?, and A-11 0, in their entirety.
c. 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, Fiorida
Statutes, known as the "Consultant's Competitive Negotiation Act".
4.
Approval of Consultant Contracts
The OCJG shall review and approve in writing all consultant contracts prior to employment of a
consultant. Approval shall be based upon the contract's compliance with requirements found in the Office
of Justice Programs' Financial Guide and in applicable state statutes. The OCJG'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 Program's Financial
Guide and federal OMS's Circular No.A-8?, "Cost Principles for State and Local Governments., or OMS'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. OMS's Common Rule for State and Local Governments, or OMS Circular No. A-11 0
and Florida Law to be eligible for reimbursement.
6. Delegation of Signature Authority
When a chief officer or elected official of a subgrant recipient designates some other staff person
signature authority for him/her, the chief officer or elected official must submit to the OCJG a letter or
resolution indicating the staff person given signature authority. The letter indicating delegation of
signature authority must be signed by the chief officer or elected official and the person receiving
signature authority.
Subgrant Application
Section 111
SPf 2002
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Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
7. Personnel Changes
Upon implementation of the project, in the event there is a change in Chief Executive Officers for the
Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in
writing with documentation to include appropriate signatures.
8. Travel and Training
a. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon
written approval of the OCJG prior to commencement of actual travel. Recipients shall obtain
written approval from the OCJG for reimbursement of training costs and related travel prior to
commencement of training, if the specific training was not listed in the approved budget.
b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of
provisions in Section 112.061, Florida Statutes.
c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061,
Florida Statutes.
. 9. Written Approval of Changes in this Approved Agreement
Recipients must request in writing any significant changes to the agreement and receive approval from
OCJG. 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 does not exceed ten (10)
percent of the total approved budget 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 jf the Department approves
a revised budget.
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.)
10. Reimbursement Subject to Available Funds
The obligation of the State of Florida to reimburse recipients for incurred costs is subject to the availability
of federal funds authorized under the Residential Substance Abuse Treatment for State Prisoners
Formula Grant Program.
11. Procedures for Reimbursement Request
Ail requests for reimbursement of recipient costs shall be submitted on form prescribed and provided by
the Department. A recipient shall submit reimbursement requests on a monthly or quarterly basis. as
specified in Section G. Item 1 b of this agreement, in order to report current project costs.
All requests for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit.
Subgrant Application
Section III
SFY 2002
Page 12
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
12. Advance Funding
Advance funding is authorized up to twenty-five (25) percent of the federal award for each project
according to Section 216.181 (15)(b), Florida Statutes; the Office of Jus~ice Programs' Financial Guide.
,A.dvance funei:1g shall be provided to a recipient upon a written request to the Department justifying t'le
need for such funes. This request, including the justification, shall be enclosed with the subgrant
application.
13. Commencement of Project
If a project hes not begun within sixty (60) days after acceptance of the subgrant award, the recipient
shall send a letter to the OCJG requesting approval of a new project starting date. The letter must outline
steps to initiete the project, explain reasons for delay, and specify an anticipated project starting date.
If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient
shall send anct.'1e. Is~,=r to the OCJG, 22a::-: explaining r83S0ilS fx celey and requesting appro':al of 2
revIsed pr~lec:~ sta:iing date.
Upon receipt of the ninety (90) day letter, the OCJG shall determine if the reason for de:1ay is justified or
shall, at its discretion, unnaterally terminate this agreement and re-obiigate subgrant funds to otf-Jer
projects apprcved by the Department. If warranted by extenuating circumstances, the Department may
extend the starting date of the project beyond the ninety (90) day period, but only by execution of a formal
written amencment to this agreement.
14. 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
t.'1e same terms and conditions set forth in the initial contract. Only one extension of the contract shall be
acce;Jtable, unless failure to complete the contract is due to~events beyond the control of the contractor.
15. 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 govemment 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
sour(;es, and
c. The .ecipient failed to reasonably comply with such order.
Subgrant Application
Section 111
SFY 2002
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Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
Upon request of the recipient, the OCJG shall ascertain the facts and the extent of such failure, and if the
OCJG determines that any failure to perform was occasioned by one or more said causes, the delivery
schedule shall be revised accordingly.
16. 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.
17. Program Income (also known as Project Generated Income)
The term "program income" or "project generated 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
r.andled according to the Office of Justice Prog~2ms' Financial Gt.:ida and the U.S. Departm:;,t of
Justice's Common Rule for State and Local Governments.
The recipient shall submit .Project Generated Income Reports in accordance with Section G, Paragraph
1.b. .
18. 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.
.
19. Retention of Records
The recipient shall maintain all records and documents for a minimum of five (5) years from the date of
the project completion as provided by the Florida Department of State, General Schedule for Local
Government GS1-L, and be available for audit and public disclosure upon request of duly authorized
persons.
20. Access To Records
The Florida Department of Law Enforcement, Auditor General of the State of Florida, the U.S.
Department of Justice, 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 Program's
Financial Guide.
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.
Subgrant Application
Section /If
SF)' 2002
Page 14
III
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
21. Audit
a. Recipients that expend S300,OOO or more in a year iil Federal a'.vares s~all have a single or
program-specific audit conducted for that year. The aueit shall be ;Jeriormed in accordance with
the federal OM3 Circular A-133 ane other applicable federal law. The contract for this agreement
shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The
contract shall be identified as federal funds passed through the Florida Department of Law
Enforcement and include the contract number, CFDA number, award ar.lOunt, contract period,
funds received and disbursed. When applicable, the recipient shall submit an annual financial
audit that meets the requirements of Section 11.45 and 215.97, Florida Statutes, and Chapters
10.550 and 10.600. Rules of the Florida Auditor General.
b. A complete aucit report which covers any portion of the effective dates of this agreement must be
submitted within thirty (30) days after its completion, but no later than nine (9) months after the
audit period. In order to be complete, the submitted report shall include any management letters
issued se:J2r2~~ly and management's written response to all findings, both audit report 2nd
r.;anageme:1t letter findings. Incom;:lete audit reports will not be accepted by the Department and
will be returned to the recipient.
c. The recipient shalr 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 i::stances 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 three (3) years from the date the audit report is issued,
unless extended in writing by the OCJG.
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:
Florida Department of Law Enforcement
Office of Inspector General
Post Office Box 1489
Tallahassee. Florida 32302
22. Ownership of Data and Creative Material
Ownershi;J of material, discoveries, inventions, and results developed, produced, or discovered
subordinate to this agreement is governed by the terms of the Office of Justice Program's Financial Guide
and the federal OMS Circular A-11 O.
23. 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 Guide and
Subgrant Application
Section (Jf
SFY 2002
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Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
the federal OMB Circular A-11 O. This obligation continues as long as the recipient retains the property,
not'Nithstandiilg expiration of this agreement.
24. 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.
a. If the recipient appeals the Department's decision, it also shall be made in writing within tvventy-
one (21) calendar days to the Department's 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.
..,-
...0.
Conferences 2nd inspection of Work
Conferences may be held at the request of any party to this agreement. At any time, a representative of
the Bureau, of the U.S. Department of Justice's Bureau of Justice Assistance or both have the privilege of
visiting the project site to monitor, inspect and assess work performed under this agreement.
26. 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 Department for its review and comment.
b. Publications or printed reports covered under subparagraph a. above shall include the following
statements on the cover page:
i. . "This program is supported by a grant awarded to the Florida Department of Law
Enforcement, State of Florida, and by the Bureau of Justice Assistance (BJA),
Office of Justice Programs (OJP), U.S. Department of Justice. The BJA is a
component of OJP which also includes the Bureau of Justice Statistics, National
institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and
the Office for Victims of Crime."
ii. "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 Law Enforcement, the U.S. Department of
Justice, Office of Justice Programs, or any other agency of the state or federal
govemment.
27. 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 P.L. 89-
564, Non-Discrimination Requirements of the Anti-Drug Abuse Act of 1988; Title VI 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,
Subgrant Application
Section III
SFY 2002
Page 16
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Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
implemer.ted 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 Prcg~am,
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 i 979, Public Law 96-157, C,2
United States Code (U.S.C.) 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) a:ld
CFR Section 42.207 Compliance Information).
28. 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 lecal
ao';ernment services and transportation (Title II), public accommodations (Title III), and
te!ecommt..:nications (Title IV).
29. 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 that it
shall not enter into any lower tiered covered transaction with a person who is debarred, suspenced,
declared ineligible or is voluntarily excluded from participating in this covered transaction, unless
authorized by the Department.
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may
not submit a bid on a contract with a public entity for the construction or re~air of a public buildi'-~g or
public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or ~~onsultant with a public entity, and may not
transact business with any public entity in excess of Category Two for a period of 36 months from the
date of being placed on the convicted vendor list.
30. 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.
31. Federal Restrictions on Lobbying
The recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restricticns on
Lobbying; Interim Final Rule," published in the February 26, 1990, Federal Register. Each person shall
tiie 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 agree:ilent
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, U.S.C. Any person who fails to file the
required certification is subject to a civil penalty of not less than S10,OOO 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:
Subgrant Application
Section III
SFY 2002
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Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
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 recipients shall certify and disclose
accordingly.
32. 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.
33. 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 govemments, 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.
34. Project Closeout
Project funds which have been properly obligated by the end of the subgrant funding period will have
forty-five (45) days in which to be liquidated (expended). Any funds not liquidated at the end of the 45-
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.
All refunds or repayments to be made to the Department under this Agreement are to be made payable to
the order of uFlorida Department of Law Enforcement", and mailed directly to the Department at the
following address:
Subgrant Application
Section /If
SFY 2002
Page 18
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
Florida Department of Law Enforcement
Attn: Cashier
Finance and Accounting
Post Office Box 1489
Tallahassee, FL 32302
35. 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 Children and Family Services, conduct
background checks on all personnel providing direct services.
36. Purchase of American-Made Equipment and Products
To the greatest extent practicable, all equipment and products purchased with program funds should be
American-made.
.37. Immigration and Nationality Act
The recipient agrees to participate in national evaluation activities of the National Institute of Justice and
the Department with respect to Residential Substance Abuse Treatment programs.
38. Eligibility for Employment in the United States
The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly
employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324A(e) [Section 274A(e) of the Immigration and Nationality Act riNg)]. The
Department shall consider the employment by any contractor of unauthorized aliens a violation of Section
274A(e) of the INA. Such violation by the recipient of the-employment provisions contained in Section
274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department.
39. National Environmental Policy Act (NEPA)
a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal
environmental impact analyses requirements in the use of subgrant funds by the subgrantee.
This applies to the following new activities whether or not they are being specifically funded with
these subgrant funds. That is, it applies as long as the activity is being conducted by the
subgrantee or any third party and the activity needs to be undertaken in order to use these
subgrant funds,
(1 )
(2)
New construction;
(3)
Minor renovation or remodeling of a property either (a) listed on or eligible for listing on
the National Register of Historic Places or (b) located within a 1 OO-year flood plain;
A renovation, lease, or any other proposed use of a building or facility that will either (a)
result in a change in its basic prior use or (b) significantly change its size; and,
Implementation of a new program involving the use of chemicals other than chemicals
that are (a) purchased as an incidental component of a funded activity and (b)
traditionally used, for example, in office, household, recreational, or educational
environments.
(4 )
SubgrantApplicaUon
Section Iff
SFY 2002
Page 19
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
b. For any of a subgrantee's existing programs or activities that will be funded by these subgrant,
the subgrantee. upon specific request from the Department and the Bureau of Justice Assistance
(BJA). agrees to cooperate with BJA in any preparation by BJA of a national or program
environmental assessment of that funded program or activity.
Subgrant Application
Section III
SFY 2002
Page 20
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
EEO Certification Letter - Subgrant Recipient
Mr. Clayton H. Wilder
Community Program Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Re: Compliance with Equal Employment Opportunity (EEO) Program
Requirements - Subgrant Recipient
Dear Mr. Wilder.
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus
Crime Control and Safe Streets Act of 1968 as amended, I have read the Act criteria set forth in the
Suborant Aoolication Packaoe and Instructions. I understand that if the subgrant recipient meets
these criterion, it must formulate, impl~ment 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):
xx Does meet Act Criteria and does have a current EEO Program Plan.
- Does meet Act Criteria and does not have a current EEO Program Plan.
Does not meet Act Criteria.
I further affirm that if the recipient meets the Act criteria and does not have a current written
EEO Program, federal Jaw requires it to formulate, implement, and maintain such a program within
120 days after a subgrant application for federal assistance is approved or face Joss of federal
funds.
Requires signature of authorized official:
Type Name and Title: James L. Roberts. County Administrator
J~?~
By:
Date:
I ').. - J-<?--7
Name of Subgrantee Organization: Monroe County Board of County Commissioners
Subgrant Application Package
Appendix I
SFY 2002
Page 2
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
EEO Certification Letter - Implementing Agency
Mr. Clayton H. Wilder
Community Program Administrator
Office of Criminal Justice Grants
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, Florida 32308
Re: Compliance with Equal Employment Opportunity (EEO)
Program Requirements - Implementing Agency
Dear Mr. 'tiilder:
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus
Crime Cqntrol and Safe Streets Act of 1968 as amended, I have read the ACT criteria set forth in
the SubQrant Aoolication Packaoe and Instructions. I understand that if the Implementing Agency
meets these criterion, 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):
xx Does meet Act Criteria and does have a current EEO Program Plan.
_ Does meet Act Criteria and does not have a curt.ent EEO Program Plan.
Does not meet Act Criteria.
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:
Type Name and Title: James L. Roberts, County Administrator
~~~
By:
Date:
/~-~--r
Name of Subgrantee Organization: Monroe County Board of Count'! Commissioners
Subgrant Application Package
Appendix I
SFY 2002
Page 3
o:rvrn/Grants
RESOLUTION NO.
499 - 2001
A RESOLUTION OF THE BOARD OF COIv1MISSIONERS OF MO?\KOE C01:JNTY,
FLORIDA AUTHORIZING THE SUBMISSION OF A G?-.f\NT AP?LICATIO~ TO THE
FLORIDA DEP .ARnv~E)iT OF LA \V ENTORCEivfENT FOR THE FYO 1/02 RESIDENTL-\L
SlJBST ANCE ABUSE TREATMENT FOR PRlS01\TERS HELD IN LOC.-\L
CORRECTIONAL FACILITIES G~l PROGR..A.1i
\vnEREAS, the Florida Department of Law Enforcement has allilOLL"1Ced the FY01/02
funding cycle of the Residential Substance Abuse Treatment Grant ProET"a.""7l; a.'I)d
\VHEREAS, on April 18,2001, the Monroe County Board of COITh'Tissioners agreed to
sen-e as the coordinating unit of government in the preparation of the grant proposals and in the
dist.ribution offu.."1.ds allocated to Monroe County L.l the a.-nount yet to be cietermined y.,itb. a 25%
cash match requirement, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY CO:rvnvrrSSIONERS OF MO:N"ROE
COUNTY, FLORIDA, that:
1. The County Administrator is hereby authorized to sign and submit the application
packet for the FYOl102 grant furids to the Florida Department of Law Enforcement
Residential Substance Abuse Treatment Grant Program; and that
2. This resolution shall become effective immediately upon adoption by the Board of
County Com.u.-lissioners and execution by the Pr.esiding Officer and Clerk.
r-..:>
. =
3: =
PASSED AND ADOPTED by the Board of County Commissioners of Monroe C01.gty~lor@'a,
at a regular meeting of said Board held on the 19th day of December, A.D., 2001. o~~ ~
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APPENDIX III
-I
OFFICE OF CR!Mli'I.~ f. ~T "': I"?ANTS
SOLE SOURCE JUSTIFICATION FOR SERVICES AND EQUIPMENT
I Name of Subgrantee Organization: Monroe Board or County Commissioners
I Authorized Official for Subgrant Recipient
\ Type Name: James L. Roberts
I T '''e Title: Count Administrator
i. S'lqn~.u~=-'
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I ~---- ~
- -=:::-
\ Date: February 8, 2002
Telephone Number: 305 292-4441
Note: Justification for sole source procurement of $100,000 or more must be
submitted to the Florida Departm?nt of Law Enforcement for approval. Provide a
brief response addressing each of the following issues. Address each issue in a
separate paragraph using the corresponding numerical indicator. Start on the next
page and continue using a maximum of one additional page if required. Sign this
Signature Page and attach to the completed response.
1. Briefly describe the proposed contractual services 'and/or equipment and how it relates
to your program.
2. Explain your reasons for proposing to contract with, or purchase from, a non-
competitive sole source. Address the expertise or the contractor, management,
responsiveness, program knowledge and experience of contract personnel.
3, Indicate the contract period and explain the potential impact on contract deliverables
if due dates are not met. Estimate the time and cost to hire a competent replacement
should the current contractor default.
4. Describe what is unique about the project and the proposed sole source contractor that
would warrant a contract.
5. Explain any other points you believe should be covered to support your request for a
sole source contract.
Subgrant Application Package
Appendix II!
SF'( 2002
Page 1
'!:Ih
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
1. Presently the Jail intervention Progral.i c;Jerat:=s an in house substance abuse treatment
pr8gra/.l. T;-'is pr::;rar:-: be;a:J in '1997 l/iith a Byri'ie Grant that enced in O::tober 2001. That
program served epproximately eight-hLmdred inmates and ended with a thirty percent recidivism
rate as comparee: to a seventy per cent recidivism rate for inmates in general.
Under the RSA T grant the program was expanded and enhanced. The inmates (male) are
housed in a separate dorm. Those who volunteer for the program have liaison and advocacy if
needed to help t;-,em get treatment either in this program or another treat."Tient progr2m deemed
appropriate. All inmates in the program are screened to ascertain any special needs and an
individualized treatment plan is written for them. The treatment is reviewed every thirty days an:::
updated as neeced. The program outlined for them will include any special counseling in the
areas of anger management, domestic abuse, parenting classes, life skills, and mental health
counseling. They will also be screened and referred for educational and/or vocational training,
transitional housing, aftercare, work release, and medical assistance. This helps increase the
likelihood of success in recovery and decrease the criminal activity associated with substance
abuse.
The emphasis on cognitive behavioral therapy and rational emotive therapy is the backbone
of the program. The twelve-step approach, life skills, and ar"Jmusic therapy provide a we!l-
rounded approach to the treatment of addiction. An outline of the format is included as well as a
schedule for the daily activities.
2. The Care Center for Mental Health has operated a simile; ;Jrogram, fU:lced by a Byrne Grant
and matching funds from Monroe County, at the Detention Center for four years. They have the
expertise, personnel, equipment, and procedures in place to continue this type of program. The
only other potential providers are the Guidance Clinic of the Middle Keys and the Guidance
Clinic of the Upper Keys, approximately fifty and seventy-five miles away, respectively. The
funding of the program under the Byrne Grant was overseen and recommended by the
Substance Abuse Policy Advisory Board, which reviewed program proposals and made funding
recommendations to the Monroe County Board of County Commissioners. No other proposals
for this type of program at the Detention Center were received by the Substance Abuse Policy
Advisory Board in recent years. At the beginning of the first year of RSA T funding, February
2001, the Care Center was the only provider ready to "hit the ground running" with this program.
3. The contract period is from February 15, 2002 through February 14,2003. 'Ne believe that
several months would be required to find a suitabie replacement contractor to provide this
service, two or three months for that contractor to hire staff, and there is a good chance that
none would be available.
4. The present staff and program coordinator have developed a program designed to treat each
client based on their individual needs. As a result of Substance Abuse, most of the clients have
lost their ability to function in society. This program addresses the clients' addiction to drugs anc
alcohol through the Relapse Prevention and Steps. It also addresses the psychological
problems of behavior, personality problems, lack of socialization, and criminal attitude through
the Moral Reconation Therapy, Anger Management, Parenting Classes, Domestic Abuse
Information, and Rational Emotive Therapy.
Art and Music Therapy help alleviate stress and develop self-esteem. The Life Skills, Work
Relapse, and Farm Detail offer the clients a chance to re-integrate and tra:lsition back into the
mainstream of t:,e community. The Aftercare helps the clients overcome problems as they occur,
without returr-til.; to their usual coping means of L.:sing drugs anc alcohol. This provicer has a
proven track record of reducing recidivism. The sterr is already trained and in iJlace, as is the
program.
5. All relevant points in support of this sole source award have been covered above.
6 rv10nr'"'e CO""'''', beli",\,,,,s .~:::t tho ~",-~-< "":'h ,.., q~ .." -,.., . ~-t l-,;,.., : ,,..,...: ''''' -, C--
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Center for Mental Heeith to provide this program is in the best ir,terest of the subgrant recipient
and the implementing agency.
Subgrant Application Package
Appendix III
SFY 20C:?
Page 2
Residential Substance Abuse Treatment Program
Florida Department of Law Enforcement
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In ,..,::~ess whereof, the ;::arties affirm they each have read and agree to the conditions set forth in this
acreement, have read and understand the agreement in its entirety and have executed this agreement
b~ :heir duly authorize:: ::f7icers on the date, month and year set out below.
Corrections on this page, including
Strikeovers, whiteout, etc. are not acceptable.
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Ty;;e Name and Title: Clavton H. Wilder. Communitv Procram Administrator
Si\;:iature:
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Ty;;e Name of Subgrantee: Monr
Si(;r:ature:
Ty;;e Name and Title
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Ty;>e Name of Implementing Agency2.:[ County Boaed of Commissione"
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Siciiature: " -J - .l:::::> -.....
Ty;;e Name and Title: James L. Roberts. Countv Administrator
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Subgrar:: A;;=:ication
Section ill
SF'( 2002
Page 21
~"
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19,2003
Division: Management Services
Bulk Item: Yes -X- No
Department: Administrative ServicesIRiskManagement
AGENDA ITEM WORDING: Approval to accept quote from Arthur J. Gallagher for General Liability & Wrongful
Acts/ Vicarious Liability Abuse Coverage for Bayshore Manor, in the amount of$10,225. No deductible applies.
ITEM BACKGROUND: The current policy with National Fire and Marine expires on 4/16/2003. Renewal is not
being offered as they are no longer writing this class of business. The expiring policy was for General Liability only, as
the market was very difficult and other underlying coverages that were desirable were simply not available. The cost of
this "bare bones" coverage was $4,835. The market is still very limited and numerous carriers rated A- or higher by
Best's rating service' declined to offer a quote, while others required minimum premiums ranging from $17,000-
$100,000. We were able to negotiate coverage that will provide General Liability and Wrongful ActsNicarious
Liability for Abuse coverage with TIG, a carrier rated by Best's as B++u. The "u" indicates that they are under
review by Best's in anticipation of getting their A rating back. The County was able to use this "window" for its
benefit in negotiating coverage. Had they already received their A rating back. they may have been unwilling to quote
on a small facility like Bayshore Manor or would have required similar minimum premiUms as the A rated carriers that
were approached. ~
PREVIOUS REVELANT BOCC ACTION: Approval of purchase of General Liability Insurance from National
Fire and Marine for 2002-2003.
CONTRACT/AGREEMENT CHANGES: This represents an increase of $5,390, but includes coverage for
Wrongful ActsNicarious Liability for Abuse. The contract dates are 4/16/2003- 4/16/2004.
STAFF RECOMMENDATIONS: Approval..
TOTAL COST: $10.225
BUDGETED: Yes-L
No
COST TO COUNTY: $10,225
REVENUE PRODUCING:
Yes
No --X AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty _ OMB/Purchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
9t-. a~
..'" ~frL r 'A~
.- Sheila A. Barker
DOCUMENTATION: Included ~ To Follow_ Not Required _
DISPOSITION:
AGENDA ITEM # ~3
G
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
BAYSHORE MANOR
ASSISTED LMNG FACILITY PROPOSAL
APRIL 16, 2003 to APRIL 1~ 2004
~
PreDared Bv:
Susan Ainsztein, ARM
Area Assistant Vice President
susan _ ainsztein@ajg.eom
Heidi L. Greene, CIC
Account Manager
heidi-lreene@ajg.com
Arthur J. Gallagher & Co.
2255 Glades Road, Suite 400E
Boca Raton, FL 33431
Telephone: (561) 995-6706
Fax: (561) 995-6708
ajg.com
PreDared :
March 3, 1003
G
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
IMPORTANT DISCLOSURES
The proposal is an ouUine ofthe coverages proposed by the insurers, based on the infonnation
provided by your compC!llY. It does not include all the terms, coverages, exclusions. limitations,
or conditions ofthe actual contract language. The policies themselves must be read for those
details. Policy forms for your reference will be made available upon request.
In addition to the fees and/or commissions retained by Arthur J. Gallagher & Co., it is understood
and agreed that other parties, such as excess and surplus lines brokers, wholesalers, reinsurance
intermediaries, underwriting managers, and similar parties, some 0 f which may be owned in
whole or in part by Arthur J. Gallagher & CO.'s corporate parent, may earn and retain usual and
customary ~mmissions and/or fees in the course of providing insurance products. Any such fees
and/or commissions will be the responsibility of client and not Arthur J. Ga])agher & Co.
The information contained in this proposal is based on the bistoricalloss experience and
exposures provided to Arthur J. Gallagher & Co. This proposal is not an actuarial study. Should
you wish to have this proposal reviewed by an independent actuary, we wilL be pleased to provide
you with a listing of actuaries for your use.
~
Gallagher from time to time enters into arrangements with certain insurance carriers or those
carriers' reinsurers providing for compensation, in addition to commissions, to be paid by such
carriers or reinsurers to Gallagher or its affiliates based on, among other things. the volume of
premium andlor underwriting profitability of the insurance coverages wriUen through Gallagher
by such carriers or reinsurers. [n addition, Gallagher and its affiliates provide management and
other services to, and receive compensation for those services from; certain reinsurers that
reinsure insurance coverages written through Gallagher by other insurance carriers. The
insurance coverages your purchase through Gallagher might be issued by an insurance carrier or
reinsured by a reinsurer that has such a relationship with Gallagher or itsafTtliales.
N :IPUBLP ROI'IMON ROE.8CC'A~sl r -iving Facility\200J\MonrocAsstLiv;ngO^ YSHORC.040J.doc
G
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
T ABLE OF CONTENTS
Transmittal Letter and Market Insurance Overview ..............................................................1
General Liability................... ...................... .............. .......... ..... ...... ...... ........................ ...... ....2
Wrongful Acts & Vicarious Liability for Abuse....................... ....... ..... .................................3
'to
Insurance Company Selection .......... ...... .... ....... ........................................ ............ .................4
Appendix.. .................. ................ .............. ........................ ..................... ................. ............. ...5
. Client Authorization to Bind Coverage
. Solvency Letter
· Acknowledgement of Claims Made and Reported Important Notice - form for
signature
1'1 :\PlIBLPROP\fl.IONROE.BC(iA"t Livinl Faclllt)'\200J\MoftIWAatLhinaBA YSHORE.0403.dH
G
Arthur J. Gallagher & Co. - Boca Raton
Mr. William Gromhaus
Risk Manager
Monroe County BOCC
1100 Simonton Street, S-274
Key West, FL 33040
Re: Bayshore Manor Assisted Living Facility
Policy Term: April 16, 2003 to April 16, 2004
Dear Mr. Grumhaus,
We are pleased to offer General Liability & Wrongful ActsIVicarious Liability for Abuse Coverage for
Bayshore Manor, the County's Assisted Living Facility with 110 Insurance for your review. We have
provided coverage details for your review along with previously providing specimen policy forms.
The combined annual premium is $10,225.
Also provided in our executive summary is a marketing response survey detailing the alanY carriers we
approached for quotes along with their responses. The Healthcare insurance marketplace continues to
be very difficult. There are very few carriers willing to offer coverage for assisted living facilities due
to the type of exposures and the few markets willing to quote, offer limited coverage with large
minimum premium requirements.
We will need your authorization to bind coverage with TIG Insurance, along with the noted
requirements outlined in our coverage detail. One of the requirements includes a signoff letter
authorizing Gallagher to use TIG Insurance because of their rating of B++/XIll, which is below
Gallagher's minimum requirements.
Please contact me after you have had an opportunity to review the enclosed with any questions that you
may have, or if you would like further clarification on any areas.
ar;~:3Raron
Hei~G~eene~CIC
Account J
cc: Sid Webber, ARM, CPCU
Interisk Corporation
1111 North Westshore Boulevard, Suite 208
Tampa. FL 33607
One Boca Place
2255 Glades Road, Suite 400 E
Boca Raton, FL 33431
561.995.6706
Fax 561.995.6708
www.ajg.com
G
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
EXECUTIVE SUMMARY
MARKETS APPROACHED AND RESPONSE
Obtaining a comprehensive and competitively priced program of insurance in the marketplace
requires more than access to the market. Past experience and credibility with markets are the
foundation of a successful campaign for your company. Complete and accurate submissions,
with detailed specifications, are essential. Arthur J. Gallagher & Co. made a complete and
personal presentation to each company contacted.
. Best's
Assigned Surplus
Rating Lines
as of Carrier Carrier's Position
COmDany Proposed 2/28/03
AJ. Renner A-I XV Yes Minimum premium requirements of
- Lloyd Program $100,000
American Empire A I VlIl No Minimum premium requirements of
- GUPL $75,000 <:..
Lloyd's of London/CRC A-/XV Yes Minimum premium requirements of
- GUPL $50,000
Essex Program/MacdufT A/X Yes Minimum premium requirement" of
- GL Only $17,500
National Fire & Marine A++/XV Yes Non-renewed - program discontinued
(current carrier)
- GL Only
RPS/Chicago NA Yes No Markets for Florida Risk
- Healthcare Unit
Swett & Crawford Group NA Yes No Markets for Florida Risk
- Healthcarc Unit
Thomco I TIG lnsurance B++ I XlIl Yes Proposed.
- GUPL
N:\AJG\PlJRLPROP\MONROE.RCC\Asst Llvl8Jl Fftlllty\1003\MDnrIleAs..LIvI.IIRA YSJ'ORE.044I3.doc
G
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
GENERAL L1ABIL TV
Insuring Carrier: T1G Insurance Company
Policy Term: April 16, 2003 to Anril 16, 2004
Carrier Rating: B++ XTlI as of February 28, 2003
Admitted Carrier
Designated Premises: 5200 College Road
Key West, FL 33040
16 Licensed Beds
Coverages: $3,000,000 General Aggregate Limit
Included Products/Completed Operations (Included in General
Aggregate above)
$1,000,000 Personal & Advertising Limit
$1,000,000 Each Occurrence Limit
$ 15,000 Medical Expense
$ 100,000 Fire Damage Limit .
Forms: Occurrence Form
. Manuscript Form -. previously provided '"-
Deductible: None
Program Enhancemeots: . Additional insureds while working within the scope of their duties for
the named insured includes: Employees, Volunteers, Directors &
Officers and Medical Directors
. Bodily Injury definition includes Menlal Anguish
. Unintentional Omissions
. Knowledge of Occurrence
. Advertising Injury includes Televised or Videotaped Publications
. No exclusions for: Communicable Disease, Athletic Participants
(excludes Med Pay), Corporal Punishment, or Special Events
. LiQuor Liability for all fund raisiOll events
Major Exclusions . Professional Liability Coverage
(including, but not limited . Services Furnished by Health Care Providers
to): . Medical Payments for Patients / Residents! Clients
. Assault and Battery
. Sexual Abuse & Molestation
. Communicable Disease
. Employment Related Practices
. Total Pollution
. Asbestos Liability
. Lead Liability
. Punitive Damages
. CG2144 - Limitation of Coverage & Designated Premise or Project
. War
. Amendatorv Prooertv Dama~e Exclusion (CCC)
N :\AJG\I'U 8LI'ROl'\MON RO!.8CC\Aslt Living IIlcIlItyUOOJ\MonroeAsstI.lvingB^ YSHORE.04OJ.doc
G
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
GENERAL LIABILITY
(Continued)
Major Exclusions . Nuclear Liability
(including, but not limited . Mold / Fungus
to): (continued) . CG2144 - Limitation of Coverage to Designated Premise or Project
. Cyberspace, Internet, Electronic Risk and Software Loss Exclusions
(All states and lines of business except Louisiana General Liability and
Professional Liability)
. Designated Ongoing Operations Exclusion (any services or benefit
provided to a resident of the insured's Assisted Living or Independent
Living facility
Premium: $2,633.00
Terms/Conditions: . Signed ACORD Application
. Signed Supplemental Application
. Copy of Drug Handling Procedure:;
. Complete additional insured information
. Continued Named Insured 1'-
Subject to: . Favorable Loss Control Report
N :\rt'DI.PROP\MO:'l I(Ot:'BCL"v\ssl Livlnl': "'.cillly\200J\:\IonroeAutUvhlgRA YSHORE.040J.doc
G
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WRONGFUL ACTS AND VICARIOUS LIABILITY FOR ABUSE
Insurin2 Carrier: 11G Specialty Insurance Company
PoIicv Term: April 16, 2003 to April 16, 2004
Carrier Rating: B++ xm as of February 28,2003
Non~Admittcd Carrier
Designated Premises: 5200 College Road
Key West, FL 33040
16 Licensed Beds
Coverages: $1,000,000 Wrongful Act Uability - each claim
$1,000,000 Vicarious Liability for Abuse - each claim
$1,000,000 Policy Ag;grcgate
Forms: Assisted Living Facility Form
. Claims Made and Reported
. Prior Acts coverage date: 4/16/2003 or effective date of coverage
. Defense Costs reduce the limit of liability
. Manuscript form - previously provided
Deductible: None
Major Exclusions Medical Professional Services
(including, but not limited Restraints
to): Punitive Damages
Specified Excluded Activities:
. Ventilator Care
. Wound management, except for emergency first aid
administered at the time of the injury or within 48 hours
thereafter
. Post operative/trauma recovery
. Intravenouslantibioticlhydration therapy
. Total parenteral nutrition (TPN)
. Administering of medication by injection (except insulin or
vitamin B12 injections)
. Catheter insertion and sterile irrigation
. Gastronomy feedings
. Care of Colostomies and/or ileostomies
. Nasopharyngeal and/or tracheotomy suctioning
. Cutting of toenails of diabetic residents
. Performing ear irrigations
. Administering enemas
. Carin~ for and/or treatment of st~e 2, 3, or 4 decubitus ulcers
N :\AJG\PURI.PROP'IMON ROE..8CC\A!!t Living Faclllty\2003\l\1onroeAsltLl.I_gRA YSnORE.040J.doc
G
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
WRONGFUL ACTS AND VICARIOUS LIABILITY FOR ABUSE
(Continued)
Premium: $7,392.00
$ 200.00 Annual Inspection Fee
$7,592.00
Surplus Lines Tax Exempt
Minimum Premium $1,848.00
Terms/Conditions: . Premium is due at inception
. Assisted/lndcpendent Living Supplemental application signed by
applicant prior to binding
. Acknowledgement of Claims Made and Reported Important Notice
form signed and returned by applicant prior to binding
. Coverage is contingent upon writing both the Wrongful Act and
Vicarious Liability Abuse coverage and the General Liability
coverage with Thomco
~-
N :\PUBLPROP\.I\JONKOF.. OCC\Asat I.lvinl F.dllt)'\ZOO3\Mo1l.-AatUvlna8A YSHORF..0403.doc
G
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
INSURANCE COMPANY SELECTION
The Best's Guide is th~ guidebook the insurance industry uses to determine the financial stability of
an insurance company.
A copy of the Best's Guide report on the insurance companies quoted is available for your review.
While we strive to be certain that your insurance is placed with reputable, highly rated insurance
companies, we have no way of guaranteeing the financial accuracy of the Best's Guide or the
financial stability of any insurance company.
For these reasons, we recommend that you take into account the financial stability of all the
insurance companies prior to making your selection as to who will write your insurance.
.
Best's
Assigned . ..-
Rating
As of Ad~tted . Surplus
Company Proposed 2/28/03 Carrier Lines Carrier
TIG Specialty Insurance Company B++ XIII Yes
TlG Insurance Company B++ XIU Yes
Alphabetical ListlDl! Numerical Listine
A+, A++ - Superior Ranges from I to XV
-
A, A 1] - Excellent I = Smallest Category
- .
B+,B++ = Very Good XV = Largest Category
B, B:J = Good
C+,C++ = Fair
C = Marginal
Admitted Carrier: Authorized licensed insurer doing business in Florida.
Surolus Lines Carrier: An unauthorized insurer which has been made eligible by the Florida
Department oflnsurance to issue insurance coverage. Surplus Lines carriers are not protected by the
Florida Insurance Guarantee Associalion, Jne. under F.S. 631.
N:\AJC\PU BLI'ROPIMONROL8CC\Al$t Livid!! Fac:llltyUOO3\MoaroeAlltUvlnllBA YSHOR L04Q3.doc
G
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
A.M. BEST'S RATINGS
Best's Insurance Reports. published annually by A.M. Best Company, Inc., presents
comprehensive reports on the financial position, history, and transactions of insurance
companies operating in the United States and Canada. Companies licensed to do business
in the United States are assigned a Best's Rating which attempts to measure the
comparative position of the company or association against industry averages.
Best's ratings are based on analysis, which give consideration to a number of factors of
varying importance. While the analysis is believed to be reliable, we cannot guarantee
the accuracy of the rating or the financial stability ofthe insurance company.
A copy of the Best's IDllurance Report on the insurance companies is available for your
review.
Best's Rating'
Classifications are:
Note:
A++ to A+ Superior
A to A- Excellent
B++ to B+ Very Good
B to B- Fair
C++ to C+ Marginal ~
C to C- Weak
I $0 to $1,000,000
II $1,000,000 to $2,000,000
lIT $2,000,000 to $5,000,000
IV $5,000,000 to $10,000,000
V $10,000,000 to $25,000,000
VI $25,000,000 to $50,000,000
VII $50,000,000 10 $100,000,000
VIII $100,000,000 to $250,000,000
IX $250,000,000 to $500,000,000
X $500,000,000 to $750,000,000
Xl $750,000,000 to $1,000,000,000
XII $1,000,000,000 to $1,250,000,000
XHl $1,250,000,000 to $1,500,000,000
XIV $1,500,000,000 to $2,000,000,000
XV $2,000,000,000 to or more
At your option, you may wish to consult with other available rating services.
Best's Financial
Classific:ations are:
Arthur 1. Gallagher & Co. uses A.M. Best & Co. 's rating services to evaluate the financial condition of insurers
who!ie policies we propose to deliver. The rating of the carrier and the year of publication of that rating are
indicated. Arthw.1. Gallagher & Co. makes no representations and warranties concerning the solvency ofany
carner, nor does it make any representation or warranty conccming the rating of the carrier which may change.
N :IPU AtPROPlMONI\OE. ItCC\Aasl Livi ng ,,".dlltyI2003\Mo"J'D.Aull.1~;nIOA YSHOIU::.040J.doc
A.M. Best's Rating for 11G Specialty Insurance Company
Page 1 of 1
: 1: ::: ;; :'~: : ; ..~:.
....: ,,;~r~ C} :'~.".:
Member of Fairfax Financial (US) Group
A.M. IMI': ll2502 MAle 1:25445
VIeW a 11stQf..!I[9YJ! membersOf' !!le.!I~p~s rating
.~
Besf. Rating
B++ U (Vary Good).
F1nancla~CIlnmY
XIII ($1.25 bllllon to $1.5 billion.
'R~... o,~ 10:41:12 All ~S.T.
or purchase the complete Best'. Company Reportfor In-depth analysis.
Rating Category (Very Good): AsalVf*I to compMiee _ haw. ~ aut opinion, a good ability lD mllet IhU" ongoing obAgalIona lD policyholders.
Important Notice: Besfs Ratings retlect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's
balance sheet strength, operating performance and business profile. These ratings are not a WIUTlI~ an insurer's cumlnt Of' future
ability to meet its contractual obligations. View our entire notice for a compleCe details.
Companies Interested in placing a ent's Security Iconon tI1eir web site to promote their financial strength may' reglst!tr (mIme
Copyright 02002 by A .M. B..t~.QllJpaoy. IncAU RIGHTS RESERVED
No I*t of.. inIomI_ m.., be ditltibuIed In _ 0IIeclr0nIc fonn or by ..., m...... or _ in a _b_ or reIri.... OY-", wi_the prior _n permiallon at ,he A.M. 8uI
Company. RaNr lD ....l8rm.."'.~ _Ion" d_la.
~
A.M. Best's Rating for TlG Insurance Company
Page 1 of 1
.. .~ ...,.j;:0l. ...~; t.;:i: ,-.--~q,\.
Member of Fairfax Financial (US) Group
A.II. .... .: 02507 NAM: 11:25634
VIeW a Jilt of g/'DUD membersor ~ arouD's rati!!9
.~
eest'lI_~
B++ U (Very Good).
Ei.!mH&1..1 Size. Cateqory
XIII ($1.25 billion to $1.5 billion)
.R...... H oI~ IIt:U:1Z AM E.s.T.
Ot purchase the complete6est's Comoany Reportfor in-depth analysis.
Rating Category (Very Good): AUigned to ccmp...alllat h..., In OIK opinion, . good ability to meat their CJngQlIIII ClIlIiga\Icna III polIcyhold....
Importllnt Notice: Best'S Ratings refted our oplnlonballad on a comprehensive quantitative and qudatlve evaluation of a company's
balance sheet strength, operating performance and business profile. These ratings are not a wana~ an insurer's current or Mure
ability to meet Its cantractual obligations. View our entire notice for a complete details.
Compan.. inteAlsted in placing a Besr. Security lconan their web site to promote their ftnanclal strength may reqister online
Copyright 02002 by A.M. Best Company, I"-CALL RIGHTS RESERVED
No I*t 01 ttQ inIomI_ may be di8ll1llUad In anv eIearonIc form or by.., me..., or slorad in. d__ Or _...1 sy....... wilho6llhe prior wrillen permlulon at 1he A.N. Bell
CompBny. Rafetto o..._~ _81 de..I..
~
G
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CLIENT AUTHORIZATION TO BIND COVERAGE
After careful consideration of your General Liability/Wrongful Acts and Vicarious Liability for
Abuse Proposal dated March 3, 2003, we accept your insurance program subject to the following
exceptions/changes: .
Exceptions (pending acceptance by underwriters):
It is understood this proposal provides only a summary of the details; the policies will contain the
actual coverages.
We confirm the values, schedules, and other data contained in the proposal are from our records
and acknowledge it is our responsibility to see that they are maintained accurately. Please provide
us with a binder(s) and invoice{s) for the coverages agreed upon at your earliest convenience.
't..
Broker's Signature
Client Signature
Dated
Dated
:-l :\pU 81. PROI"\MON ROF..OCt.V\Ht Living F.C'IIIt'.\Z003'MnnroeAsstl......ln.OA YSHOKE.fWOJ.doc:
G Arthur J. Gallagher & Co. - Boca Raton
March 3, 2003
Mr. William Grumhaus
Monroe County
Risk Manager
1100 Simonton Street, S-274
Key West, FL 33040
Re: General Liability and Wrongful ActslVicarious Liability for Abuse
Policy Period: April 16, 2003 to April 16, 2004
Carner: TIG Specialty Insurance Co and TIG Insurance Co.
Dear Mr.Grumhaus:
Our records indicate that your current General Liab ility coverage with National Fire & Marine I ns. Co. will expire April 16. 2003.
We have made attempts to market your account to several insurance companie!\, and the results of our efforts are outlined in our
proposal of insurance. National Fire & Marine Ins. Co. bas not provided a renewal premium. which is also detailed in our proposal.
Financial responsibility (carner security) is an area you must scrutinize closely when selecting IIn insurance camero Arthur J.
Gallagher-Boca Raton (''Gallagher'') does not guarantee the financial viability of any illSUIilJ1Ce carrier or marlcet. but, we
certainly recormnend that you make r::very attempt to try to place your General Liability and Vicarious Liability..for Abuse coverage
with an A rated carrier. However, the General Liability and Vicarious Liability for Abuse marketplace can be limited which means
fewer alternatives are available.
TIG Specialty Ins. Co and TlG Insurance Co. do not meet the minimum rating requirements nonnally recommended by Gallagher.
Copies of the A. M. Best Rating for TIG Specialty Ins. Co and TIG Insurance Co. are attached. Please review this and other
available information with your accountant and/or attorney to assist you in judging the acccprability of this insurance camer.
We undersrand that the insurance marketplace can be very limited at times with feasible alternatives being scarce. Howr::ver, we
thought this option should be explained to you in writing. Again, TIG Specialty Ins. Co and IIG Insurance Co. do not presently
meet the normal financial guidelines recommended by Gallagher. However, if you direct that we bind coverage with TlG Specialty
Ins. Co and TIG Insurance Co., please sign and retw'n a copy of this letter indicating that you understand the information furnished
IIIld still wish to place coverage with TIG Specialty Ins. Co and TIG Insurance Co.
Sincerely,
"
I acknowledge receipt or this information.
Notwithstanding informadon contained herein and in
further recognition of insurance policy coverage aad
iasurance carrier IImltadons. I elect to renew my
coverage with TIG Spedalty Ins. Co and TIG
Insurance Co.
BY:
WiUiam Grumhaus
Risk Manager - Monroe County BOCC
DATE:
I acknowledge receipt of the attached A. M. Best Rating for TlG Specialty Ins. Co and TIG Insurance Co.
Initials
Attachments
One Boca Place
2255 Glades Road, Suite 400 E
Boca RatOf1. FL 33431
561.995.6706
Fax 561.9956708
www.ajg.com
A55i5~ed Lilliltg
5upplemelt~al Applil:a~itJlt
Claims Mllde & ReptJ~etl etJ"erage
Important Nate.
please Read and Acknowledge by Signing
And Dating in the Appropriate space Below
I understand that this application is for a claims made and reported insurance policy.
Coverage does not apply to any Wrongful Act or Coverage Incident that occurs prior to the retroactive date shown
on this application or after the expiration or cancellation date.
Coverage will be limited to claims arising out of occurrences reported in writing during the policy period shown on
this application or within 60 days after the end of the policy period if no subsequent insurance purchased applies to
this claim.
A claim is eligible for coverage only if, prior to the inception date of the policy period no insured, including their man-
agers, supervisors, or licensed professional staff, knew or could have reasonably foreseen that any Wrongful Act or
Coverage incident from which the claim arises might be the basis of a claim.
I understand that if the claims made policy I am applying for is cancelled or non-renewed, there is not coverage for
any claim arising out of a covered incident unless the claim is reported within 60 days after the policy period. I un-
derstand that for an additional premium I can purchase an extended reporting endorsement, which will extend the
period for reporting claims arising out of a covered incident which took place between the retroactive date and the
end of the policy period. I understand that I must elect to purchase this extended reporting period in writing and
pay the appropriate premium within 60 days after the end of the policy period.
This has been explained to me and my signature below acknowledges that I fully understand it.
Applicant Signature
Date
Witness
Disclaimer: This notice is to advise you of important information regarding Claims Made & Reported Coverage. It
is not indicative of all policy terms and conditions. Please read the policy coverage forms for exact policy terms and
conditions.
(Edition Date) 08/01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19.2003
Division: Administrative Services
Bulk Item: Y es ~ No
Department: Group Insurance
AGENDA ITEM WORDING: Approval to amend) Plan Document with the addition of
Section 16 for compliance with the Health Insurance Portability and Accountability Act of 1996
(HIP AA) Privacy Rule effective April 13. 2003.
ITEM BACKGROUND: Amend Plan Document to protect the disclosures and uses of Protected
Health Information (PHI) reauired by the HIP AA Privacy Rule effective April 13. 2003.
PREVIOUS RELA VENT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
None
BUDGETED: Yes
No
COST TO COUNTY: None
REVENUE PRODUCING: Yes No
APPROVED BY: County Ad
AMOUNTPERMONTH_ Year
DIVISION DIRECTOR APPROVAL:
OMB/Purchasing _ Risk Management -.M-
~O~~,
/ Sheila A. Barker
DOCUMENTATION:
Included
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # L)3 Y
Revised 2/27/01
PLAN AMENDMENT #4 TO
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
EMPLOYEE BENEFITS PLAN
SECTION 16
THIS AMENDMENT to the Monroe County Board of County Commissioners
Employee Benefits Plan (the "Plan Sponsor") effective this 19th day of March, 2003.
WHEREAS, the Plan Sponsor reserves the right to amend the Plan at any time; and
WHEREAS, this Amendment has been duly adopted by the Plan Sponsor to incorporate the
following provisions.
NOW, THEREFORE, pursuant to the Plan amendment provision, the Plan shall be
amended as follows:
A. Use and Disclosure of Protected Health Information (PHO. The Plan will use protected
health information (PHI) to the extent of and in accordance with the uses and disclosures
permitted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Specifically, the Plan will use and disclose PHI for purposes related to health care treatment,
payment for health care and health care operations. The provisions ofthis Section 16 (and
any other provisions of this Plan relating to the HIP AA privacy rules) shall be effective on
April 14, 2003, or such later date as may be provided by federal law or regulation.
Payment includes activities undertaken by the Plan to obtain premiums or determine or fulfill
its responsibility for coverage and provision of plan benefits which relate to an individual to
whom health care is provided. These activities include, but are not limited to, the following:
· determination of eligibility, coverage and cost sharing amounts (for example,
cost of a benefit, plan maximums and co-payments as determined for an
individual's claim);
· adjudication of health benefit claims (including appeals and other payment
disputes);
· subrogation of health benefit claims;
· establishing employee contributions;
· risk adjusting amounts due based on enrollee health status and demographic
characteristics;
1
· billing, collection activities and related health care data processing;
· claims management and related health care data processing, including
auditing payments, investigating and resolving payment disputes and
responding to participant inquiries about payments;
· obtaining payment under a contract for reinsurance (including stop-loss and
excess of loss insurance);
· medical necessity reviews or reVIews of appropriateness of care or
justification of charges;
· utilization review, including precertification, preauthorization, concurrent
review and retrospective review;
· disclosure to consumer reporting agencies related to the collection of
premiums or reimbursement (the following PHI may be disclosed for
payment purposes: name and address, date of birth, Social Security number,
payment history, account number and name and address of the provider
and/or health plan); and
· reimbursement to the plan.
Health Care Operations include, but are not limited to, the following activities:
· quality assessment;
· population-based activities relating to improving health or reducing health
care costs, protocol development, case management and care coordination,
disease management, contacting health care providers and patients with
information about treatment alternatives and related functions;
· rating provider and plan performance, including accreditation, certification,
licensing or credentialing activities;
· underwriting, premium rating and other activities relating to the creation,
renewal or replacement of a contract of health insurance or health benefits,
and ceding, securing or placing a contract for reinsurance of risk relating to
health care claims (including stop-loss insurance and excess of loss
insurance);
· conducting or arranging for medical review, legal services and auditing
functions, including fraud and abuse detection and compliance programs;
· business planning and development, such as conducting cost-management
and planning-related analyses related to managing and operating the Plan,
2
including formulary development and administration, development or
improvements of payment methods or coverage policies;
· business management and general administrative activities of the Plan,
including, but not limited to management activities relating to the
implementation of and compliance with HIP AA's administrative
simplification requirements;
· customer service, including the provision of data analyses for policyholders,
plan sponsors or other customers;
· resolution of internal grievances; and
· due diligence in connection with the sale or transfer of assets to a potential
successor in interest, if the potential successor in interest is a "covered entity"
under HIP AA or, following completion of the sale or transfer, will become a
covered entity.
B. The Plan May Use and Disclose PHI for Treatment, Payment and Operations, as
Reauired bv Law and as Permitted bv Authorization of the Participant or Benefit
The Plan may, without the consent or authorization of the individual, use and disclose PHI
for health care treatment, health care payment, and health care operations, and for such other
uses or disclosures to the full extent permitted by regulations promulgated by the Secretary
of Health and Human Services to implement HIP AA, subject to more stringent state privacy
laws which do not conflict with HIP AA (if any).
The Plan may also disclose PHI to such other persons and for such other purposes when
authorized by the individual on a form and in a manner provided for in regulations
promulgated by the Secretary of Health and Human Services to implement HIPAA.
The Plan may also disclose summary health information to the plan sponsor if requested by
the plan sponsor for the purpose of obtaining bids from health plans for providing health
insurance coverage, or for modifying, amending or terminating the Plan. The Plan may also
disclose information on whether the individual is participating in the group health plan, or is
enrolled in or has disenrolled from a health insurance issuer or HMO offered by the Plan.
C. With Respect to PHI. the Plan Sponsor Aerees to Certain Conditions
The Plan Sponsor agrees to:
· not use or further disclose PHI other than as permitted or required by the Plan
document or as required by law;
· ensure that any agents, including a subcontractor, to whom the Plan Sponsor
3
provides PHI agrees to the same restrictions and conditions that apply to the
Plan Sponsor with respect to such PHI;
· not use or disclose PHI for employment-related actions and decisions unless
authorized by an individual;
· not use or disclose PHI in connection with any other benefit or employee
benefit plan of the Plan Sponsor unless authorized by an individual;
· make PHI available to an individual in accordance with HIP AAls access
requirements;
· make PHI available for amendment and incorporate any amendments to PHI
in accordance with HIP AA;
· make available the information required to provide an accounting of
disclosures;
· make internal practices, books and records relating to the use and disclosure
of PHI available to the HHS Secretary for the purposes of determining the
Plan's compliance with HIP AA; and
· if feasible, return or destroy all PHI received that the Plan Sponsor still
maintains in any form, and retain no copies of such PHI when no longer
needed for the purpose for which disclosure was made (or if return or
destruction is not feasible, limit further uses and disclosures to those
purposes that make the return or destruction infeasible).
IN WITNESS WHEREOF, this Amendment has been duly signed by an authorized
representative of the Plan Sponsor this _ day of ,200_:
[PLAN SPONSOR]
By:
Its:
4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19. 2003
Division: Administrative Services
Bulk Item: Yes -L No
Department: Group Insurance
AGENDA ITEM WORDING: Approval of Business Associate Addendum with Acordia
National. Inc. and Keys Physician Hospital Alliance. A!!reement covers security of Protected
Health Information (pm) as reauired by the Health Insurance Portability and Accountabilitv
Act of 1996 (HIP AA) Privacy Rule effective April 13. 2003.
ITEM BACKGROUND: The Health Insurance Portability and Accountabilitv Act of 1996
(HIP AA) Privacy Rule effective April 13. 2003 reauires the enterin!! of Business Associates
A!!reements with providers of health care services to re!!ulate the use and disclosure of Protected
Health Information (PHD.
PREVIOUS RELA VENT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: New provisions covered under the Health Insurance
Portability and Accountability Act of 1996 (HIP AA).
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
None
BUDGETED: Yes
No
COST TO COUNTY: None
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty ~
OMBlPurchasing ~ Risk Management ~
~~Q~
Sheila A. Barker
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # c:::23d-
Revised 2/27/01
BUSINESS ASSOCIATE ADDENDUM
THIS AGREEMENT, made and entered into this 19th day of March, 2003, by and
between Monroe County Board of County Commissioners (hereinafter called "Covered Entity")
and ACaRDIA NATIONAL (hereinafter called "Business Associate"), is hereinafter set forth:
1. Definitions
Terms used, but not otherwise defined, in this Agreement shall have the same meaning as
those terms in 45 CFR ~~ 160.103 and 164.501, as the same may be amended from time to time.
(a) Business Associate. "Business Associate" shall mean Acordia National.
(b) Covered Entity. "Covered Entity" shall mean Monroe County Board of County
Commissioners.
(c) Individual. "Individual" shall have the same meaning as the term "individual" in 45
CFR ~164.501 and shall include a person who qualifies as a personal representative in
accordance with 45 CFR~164.502(g).
(d) Privacy Rules. "Privacy Rules" shall mean the Standards for Privacy of Individually
Identifiable Health Information at 45 CFR Part 160 and Part 164, Subparts A and E.
(e) Protected Health Information. "Protected Health Information" shall have the same
meaning as the term "protected health information" in 45 CFR ~164.501, limited to the
information created or received by Business Associate from or on behalf of Covered Entity.
(f) Required By Law. "Required By Law" shall have the same meaning as the term
"required by law" in 45 CFR ~164.501.
(g) Secretary. "Secretary" shall mean the Secretary of the Department of Health and Human
Services or his or her designee.
(h) Designated Record Set. "Designated Record Set" shall have the same meaning as the
term "designated record set" in 45 CFR 164.501.
II. Obligations and Activities of Business Associate
(a) Business Associate agrees to not use or further disclose Protected Health Information
other than as permitted or required by the Agreement or as Required By Law.
(b) Business Associate agrees to use appropriate safeguards to prevent use or disclosure of
the Protected Health Information other than as provided for by this Agreement.
(c) Business Associate agrees to report to Covered Entity any use or disclosure of the
Protected Health Information not provided for by this Agreement.
(d) Business Associate agrees to ensure that any agent, including a subcontractor, to whom it
provides Protected Health Information received from, or created or received by Business
Associate on behalf of Covered Entity agrees to the same restrictions and conditions that apply
through this Agreement to Business Associate with respect to such information.
(e) Business Associate agrees to provide access, at the request of Covered Entity, and in the
time and manner designated by Covered Entity, to Protected Health Information in a Designated
Record Set, to Covered Entity or, as directed by Covered Entity, to an Individual in order to meet
the requirements under 45 CFR S 164.524.
(f) Business Associate agrees to make any amendment(s) to Protected Health Information in
a Designated Record Set that the Covered Entity directs or agrees to pursuant to 45 CFR
S164.52 at the request of Covered Entity or an Individual, and in the time and manner
designated by Covered Entity.
(g) Business Associate agrees to make internal practices, books, and records relating to the
use and disclosure of Protected Health Information received from, or created or received by
Business Associate on behalf of, Covered Entity available to the Covered Entity, or at the request
of the Covered Entity to the Secretary, in a time and manner designated by the Covered Entity or
the Secretary, for purposes of the Secretary determining Covered Entity's compliance with the
Privacy Rule.
(h) Business Associate agrees to document such disclosures of Protected Health Information
and information related to such disclosures as would be required for Covered Entity to respond
to request by an Individual for an accounting of disclosures of Protected Health Information in
accordance with 45 CFR S 164.528.
(i) Business Associate agrees to provide to Covered Entity or an Individual, in time and
manner designated by Covered Entity, information collected in accordance with this Agreement,
to permit Covered Entity to respond to a request by an Individual for an accounting of
disclosures of Protected Health Information in accordance with 45 CFR SI64.528.
III. Permitted Uses and Disclosures by Business Associate
2
(a) Except as otherwise limited in this Agreement, Business Associate may use or disclose
Protected Health Information to perform functions, activities, or services for, or on behalf of,
Covered Entity as specified in the Administrative Service Agreement by and between Monroe
County Board of County Commissioners and Business Associate, provided that such use of
disclosure would not violate the Privacy Rules if done by Covered Entity.
(b) Covered Entity shall notify Business Associate in writing of any restriction to the use of
disclosure of Protected Health Information that Covered Entity has agreed to in accordance with
45 CFR ~164.522.
(c) Disclose PHI in its possession to third parties for the purpose of its proper management
and administration or to fulfill any of its present or future legal responsibilities provided that (i)
the disclosures are required by law, as provided for in 45 C.F.R. 164.501, or (ii) Business
Associate has received from the third party written assurances that the PHI will be held
confidentially, that the PHI will only be used or further disclosed as required by law or for the
purpose for which it was disclosed to the third party, and that the third party will notify the
Business Associate of any instances of which it is aware in which the confidentiality of the
information has been breached, as required under 45 C.F.R. 164.504 (e)(4).
IV. Obligation of Covered Entity
No later than the effective date of this Agreement, Covered Entity will provide Business
Associate with a copy of the Plan Sponsor's certification that the health plan meets and will
abide by all HIP AA requirements. With respect to the use and/or disclosure of PHI by Business
Associate, the Covered Entity hereby agrees:
(a) to use appropriate safeguards to maintain and ensure the confidentiality, privacy, and
security of PHI transmitted to Business Associate pursuant to the Agreement, in accordance with
the standards and requirements of HIP AA and the HIP AA Regulations, until such PHI is
received by Business Associate.
(b) to inform Business Associate of any changes in, or withdrawal of, the consent or
authorization provided to the Covered Entity by individuals pursuant to 45 C.F.R. 164.506 or
164.508.
(c) to notify Business Associate, in writing and in a timely manner, or any arrangements
permitted or required of the Covered Entity under 45 C.F.R. Parts 160 and 164 that may impact
in any manner the use and/or disclosure of PHI by the Business Associate under the agreement,
including, but not limited to, restrictions on the use and/or disclosure of PHI as provided for in
45 C.F.R. 164.522 agreed to by the Covered Entity.
(d) that Business Associate may make any use and/or disclosure of PHI permitted under 45
C.F.R. 164.512.
3
V. Term and Termination
(a) Term. The Term of this Agreement shall be effective as of April 14, 2003, and shall
terminate when all of the Protected Health Information provided by Covered Entity to Business
Associate, or created or received by Business Associate on behalf of Covered Entity, is destroyed
or returned to Covered Entity, or, if it is infeasible to return or destroy Protected Health
Information, protections are extended to such information, in accordance with the termination
provisions in this Section.
(b) Termination for Cause. Upon Covered Entity's knowledge of a material breach by
Business Associate, Covered Entity shall provide a reasonable opportunity for Business
Associate to cure the breach or end the violation. If such breach is not cured to the satisfaction
of the Covered Entity and in a manner consistent with the requirements of HIP AA, this
Agreement shall be terminated.
(c) Effect of Termination.
(1) Except as provided in paragraph (2) of this section, upon termination of this
Agreement, for any reason, Business Associate shall return or destroy all Protected Health
Information received from Covered Entity, or created or received by Business Associate on
behalf of Covered Entity. This provision shall apply to Protected Health Information that is in
the possession of subcontractors or agents of Business Associate. Business Associate shall retain
no copies of the Protected Health Information.
(2) In the event that Business Associate determines that returning or destroying the
Protected Health Information is infeasible, Business Associate shall provide to Covered Entity
notification of the conditions that make return or destruction infeasible. Upon mutual agreement
of the Parties that return or destruction Protected Health Information is infeasible, Business
Associate shall extend the protections of this Agreement to such Protected Health Information
and limit further uses and disclosures of such Protected Health Information to those purposes that
make the return or destruction infeasible, for so long as Business Associate maintains such
Protected Health Information.
VI. Miscellaneous
(a) Regulatory References. A reference in this Agreement to a section in the Privacy
Rule means the section as in effect or as amended, and for which compliance is required.
(b) Amendment. The Parties agree to take such action as is necessary to amend this
Agreement from time to time as is necessary for Covered Entity to comply with the requirements
of the Privacy Rule and the Health Insurance Portability and Accountability Act, Public Law
104-191.
( c) Survival. The respective rights and obligations of Business Associate under
Section V. @ of this Agreement shall survive the termination of this Agreement.
4
(d) Interpretation. Any ambiguity in this Agreement shall be resolved in favor of a
meaning that permits Covered Entity to comply with the Privacy Rule.
IN WITNESS WHEREOF, this contract has been executive by the respective parties on
the date and year first written above.
COVERED ENTITY
By Plan Administrator
BUSINESS ASSOCIATE:
Acordia National
By:
By:
Print Name:
Print Name:
Print Title:
Print Title:
5
BUSINESS ASSOCIATE AGREEMENT
THIS BUSINESS ASSOCIATE AGREEMENT ("HIP AA Agreement") is made this 19th
day of March 2003, by and between Keys Physician-Hospital Alliance ("Business Associate")
and Monroe County Board of County Commissioners ("Client"), and has been entered into to
assure the protection and preservation of the confidential and/or protected nature of information
to be disclosed or made available by Client itself, or any other entity affiliated with Client, to
Business Associate. [If Addendum: This HIP AA Agreement shall serve as an addendum to the
agreement entered into between the Business Associate and Client on October 1, 2002 for certain
business services ("Service Agreement").
RECITALS
WHEREAS, Business Associate has agreed to perform certain services on behalf of or in
connection with Client. Those services are:
Case Management and Utilization Review services
(hereinafter referred to as "Business Associate Services");
WHEREAS, the parties desire to comply with the applicable requirements of the Health
Insurance Portability and Accountability Act of 1996 ("HIP AA") Standards for Privacy of
Individually Identifiable Health Information, as amended from time to time;
WHEREAS, Business Associate agrees not to use or disclose Protected Health
Information (PHI), as defined by the HIPAA regulations at 45 C.F.R. ~164.501et seq., other than
as permitted or required by this Agreement or as required by law;
NOW THEREFORE, for and in consideration of the recitals above and the mutual
covenants and conditions herein contained, Client and Business Associate enter into this HIP AA
Agreement to provide a full statement of their respective responsibilities.
ARTICLE I - DEFINITIONS
1.1 Unless otherwise provided in this HIP AA Agreement, capitalized terms shall have the
same meaning as set forth in the HIPAA regulations, 45 C.F.R. Parts 160 and 164.
ARTICLE II - SCOPE OF USE OF PHI
2.1 All PHI disclosed to Business Associate by Client shall be retained in confidence by
Business Associate, shall not be disclosed to any third parties other than those authorized
by this HIPAA Agreement, or as permitted or required by law, without prior written
permission of Client, and shall not be used by Business Associate for any purpose except
as necessary to perform Business Associate Services. Business Associate acknowledges
that the PHI provided by Client may also be protected by law and that public disclosure
could be a violation of law potentially resulting in fines and other penalties against
Business Associate and Client. Business Associate shall treat all PHI in accordance with
applicable state and federal laws and regulations. Business Associate may use PHI
received from the Client for the management and administration of its operations, if
necessary or requested by the Client for purposes of internal auditing, billing accuracy, or
to perform data aggregation relating to healthcare operations, Quality Reviews or
Utilization Review of Client.
2.2 Business Associate agrees that it will (a) protect and safeguard from any unauthorized
oral or written use or disclosure of all PHI regardless of the type of media on which it is
stored (e.g., paper, fiche, etc.), with which it may come into contact, in accordance with
applicable statutes and regulations, including, but not limited to, HIP AA; (b) implement
and maintain appropriate policies and procedures to protect and safeguard the PHI; and
(c) use appropriate safeguards to prevent use or disclosure of PHI other than the
minimum amount necessary as permitted by this HIP AA Agreement or as permitted or
required by law. Business Associate acknowledges that Client is relying on the
safeguards of Business Associate in selecting Business Associate to provide the Business
Associate Services. Business Associate shall promptly notify Client of any material
change to any aspect of its privacy safeguards.
2.3 Except as otherwise limited in this HIPAA Agreement, Business Associate may use PHI
for the proper management and administration of the Business Associate or to carry out
the legal responsibilities of the Business Associate.
2.4 Except as otherwise limited in this HIP AA Agreement, Business Associate may disclose
PHI for the proper management and administration of the Business Associate, provided
that disclosures are Required By Law, or Business Associate obtains reasonable
assurances from the person to whom the information is disclosed that it will remain
confidential and used or further disclosed only as Required By Law or for the purpose for
which it was disclosed to the person, and the person notifies the Business Associate of
any instances of which it is aware in which the confidentiality of the information has
been breached.
2.5 Except as otherwise limited in this HIP AA Agreement, Business Associate may use PHI
to provide Data Aggregation services to a Covered Entity as permitted by 45 CFR 9
164.504 (e)(2)(i)(B).
2.6 Business Associate may use PHI to report violations oflaw to the appropriate Federal and
State Authorities, consistent with 9 164/502(j)(1).
2.7 Business Associate agrees that it will maintain in a separate database or file all original
data received from Client, whether or not such is PHI. Upon completion of its
performance of Business Associate Services and the termination of this HIP AA
Agreement, Business Associate agrees to return such original data to the Client, or to
destroy such original data, upon Client's request.
2.8 Business Associate shall not use or include the PHI, nor any extrapolations or normative
versions thereof, in any database or other application or program that Business Associate
publishes or makes available to a third party or otherwise use PHI received for the
purpose of developing information or statistical compilations for use by third parties or
for any other commercial exploitation or enterprise without first obtaining Client's
specific written permission, which permission Client may withhold in the exercise of its
sole discretion.
20f8
2.9 Business Associate shall not reproduce PHI in any form, except as is required for use as
authorized herein, without the prior written permission of Client. Each such reproduction
shall include the ownership and confidentiality legends of Client.
2.10 To the extent Business Associate uses one or more agents, including subcontractors, to
provide services and such subcontractors or agents receive or have access to PHI,
Business Associate agrees that it will ensure that each such subcontractor or agent shall
agree to all of the same restrictions and conditions to which Business Associate is bound.
Each subcontractor or agent shall sign a HIP AA Agreement with Business Associate
containing substantially the same provisions as this HIP AA Agreement in accordance
with the HIP AA regulations, as amended from time to time.
2.11 Business Associate will report in writing to the Client Privacy Officer any unauthorized
use or disclosure of PHI within 24 hours of discovery. Business Associate shall permit
Client to investigate any such report and to examine Business Associate's premises,
systems, practices, books and records of business.
2.12 Business Associate shall take appropriate action, including but not limited to, instruction
to or agreement with, its employees, agents and subcontractors, to maintain the
confidentiality of the PHI.
2.13 All PHI and any other documents or records of Client received by Business Associate
from Client shall remain the property of Client, shall be used by Business Associate only
for the purpose stated in this HIP AA Agreement, and shall be returned to Client
(including all whole or partial copies thereof) upon request.
ARTICLE III - AMENDMENT OF PHI
3.1 Business Associate agrees to make any amendments to PHI in a designated record set that
the Client directs, which comply with 45 C.F.R. g164.526, at the request of the Client or
an individual.
3.2 Business Associate shall promptly incorporate all amendments or corrections to PHI, in
compliance with 45 C.F.R. 164.526 requested by Client to do so.
ARTICLE IV - AVAILABILITY, AUDITS AND INSPECTIONS
4.1 Business Associate agrees that it will (a) make available PHI in a designated record set to
the Client in order to meet the requirements of 45 C.F.R. g 164.524 and (b) make
available the information to Client in order for the Client to provide an accounting of
disclosures in accordance with 45 C.F.R. g 164.528. Business Associate will provide
such accounting to Client as soon as possible, but not more than five (5) days from the
date of request by Client. Each accounting shall provide (i) the date of each disclosure;
(ii) the name and address of the organization or person who received the PHI; (iii) a brief
description of the information disclosed; and (iv) for disclosures other than those made at
the request of the subject, the purpose for which the information was disclosed and a
copy of the request or authorization for disclosure. Business Associate shall maintain a
process to provide this accounting of disclosures for as long as Business Associate
maintains PHI received from or on behalf of Client.
30f8
4.2 Business Associate shall make its internal practices, books and records relating to the use
and disclosure of PHI, received from Client, or created or received by Business Associate
on behalf of Client, available to the Client, or to the Secretary of Health and Human
Services, governmental officers and agencies for purposes of determining compliance
with 45 C.F.R. Parts 160 and 164. Any audit conducted hereunder shall be conducted
during Business Associate's normal business hours; shall not cause disruption to
Business Associate's other business activities; and shall be circumscribed to the extent
other customers' PHI might be disclosed.
ARTICLE V - TERM/TERMINATION
5.1 As provided for under 45 C.F.R. ~ l64.504(e)(2)(iii), Client may immediately terminate
this HIP AA Agreement and the attached Service Agreement if the Client makes the
determination that Business Associate has breached a material term of this HIP AA
Agreement. Alternatively, Client may choose to: (i) provide Business Associate with
written notice of the existence of an alleged material breach; and (ii) afford Business
Associate an opportunity to cure said alleged material breach upon mutually agreeable
terms. In the event of such termination, Client shall not be liable for the payment of any
services performed by Business Associate after the effective date of termination.
5.2 If neither termination nor cure is feasible, Client shall report the violation to the Secretary
of Health and Human Services.
5.3 Business Associate agrees that, upon termination or expiration of the HIP AA Agreement
for whatever reason, it will return or destroy all PHI as directed by Client, if feasible,
received from, or created by Client, or created or received by Business Associate on
behalf of Client, which Business Associate maintains in any form, and retain no copies of
such information. This provision shall apply to PHI in the possession of agents or
subcontractors of the Business Associate. An authorized representative of Business
Associate shall certify in writing to Client within five (5) business days from the date of
termination or expiration of the HIP AA Agreement, that all PHI has been returned or
disposed of as provided above and that Business Associate no longer retains such PHI in
any form.
5.4 To the extent such return or destruction of PHI is not feasible, Business Associate shall
provide Client with notice of the conditions and reasons why the return or destruction of
the PHI is not feasible and shall extend the precautions of this HIP AA Agreement to the
PHI and limit further uses and disclosures to those purposes that make the return or
destruction of the information infeasible. Business Associate shall remain bound by the
provisions of this HIP AA Agreement even after termination, until such time as all PHI
has been returned or otherwise destroyed as provided in this Section, and for as long as
Business Associate maintains such PHI.
5.5 All rights, duties and obligations established in Section 5.4 of this HIPAA Agreement
shall survive termination or expiration of this HIP AA Agreement for any reason.
40f8
ARTICLE VI - INDEMNIFICATION
6.1 Business Associate shall indemnify and hold Client harmless from and against all claims,
liabilities, judgments, fines, assessments, penalties, awards or other expenses, fees, and
costs of investigation, litigation or dispute resolution, relating directly to or arising
directly out of any breach of this HIP AA Agreement by Business Associate.
ARTICLE VII - DISCLAIMER
7.1 CLIENT MAKES NO WARRANTY OR REPRESENTATION THAT
COMPLIANCE BY BUSINESS ASSOCIATE WITH THIS IDP AA AGREEMENT
OR THE IDPAA REGULATIONS WILL BE ADEQUATE OR SATISFACTORY
FOR BUSINESS ASSOCIATE'S OWN PURPOSES OR THAT ANY
INFORMATION IN THE POSSESSION OR CONTROL OF BUSINESS
ASSOCIATE, OR TRANSMITTED OR RECEIVED BY BUSINESS ASSOCIATE,
IS OR WILL BE SECURE FROM UNAUTHORIZED USE OR DISCLOSURE.
ARTICLE VIII - MISCELLANEOUS
8.1 Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is
known to Business Associate of a use or disclosure of PHI by Business Associate in
violation of the requirements of this Agreement.
8.2 This HIPAA Agreement shall be construed as broadly as necessary for Client to
implement and comply with HIP AA and the IDP AA regulations. The parties agree that
any ambiguity in this HIP AA Agreement shall be resolved in favor of a meaning that
complies and is consistent with HIP AA and the HIP AA regulations.
8.3 All notices and other communications required or permitted pursuant to this HIP AA
Agreement shall be in writing, addressed to the party at the address set forth at the end of
this HIP AA Agreement, or to such other address as either party may designate from time
to time. All notices and other communications shall be mailed by registered or certified
mail, return receipt requested, postage pre-paid, or transmitted by overnight courier, by
hand delivery or facsimile. All notices shall be effective as of the date of delivery.
8.4 Client has entered into this HIP AA Agreement in specific reliance on the expertise and
qualifications of Business Associate. Consequently, Business Associate's interest under
this HIP AA Agreement may not be transferred or assigned or assumed by any other
person, in whole or in part, without the prior written permission of Client.
8.5 This HIPAA Agreement shall be governed by, and interpreted in accordance with, the
laws of the State in which Client is located without giving effect to its conflict of laws
provisions. The County in which Client is located shall be the sole and exclusive venue
for any arbitration, litigation, special proceeding or other proceeding as between parties
that may be brought under, or arise out of, the HIP AA Agreement.
8.6 If either party to this Agreement fails in the due performance of any of its obligations
under the terms of this Agreement, the other party will have the right, at its election, to
sue for damages for such breach and to seek such legal and equitable remedies as may be
available to it, including the right to recover all reasonable expenses, which shall include
reasonable legal fees and court costs, incurred: (a) to sue for damages; (b) to seek such
50f8
other legal and equitable remedies; and (c) to collect any damages and enforce any court
order or settlement agreement including, but not limited to, additional application to the
court for an order of contempt. Nothing contained herein shall be construed to restrict or
impair the rights of either party to exercise this election. All rights and remedies herein
provided or existing at law or in equity shall be cumulative of each other and may be
enforceable concurrently therewith or from time to time.
8.7 In the event any term or condition of this Agreement should be breached by either party
and thereafter waived by the other party, then such waiver shall be limited to the
particular breach so waived and shall not be deemed to waive any other breach either
prior or subsequent to the breach so waived.
8.8 This HIPAA Agreement shall be binding upon, and shall inure to the benefit of, the
parties hereto and their respective, permitted successors and assigns.
8.9 This HIPAA Agreement may be executed in multiple counterparts, each of which shall
constitute an original and all of which shall constitute but one HIPAA Agreement.
8.10 The use of the masculine, feminine or neuter genders, and the use of the singular and
plural, shall not be given an effect of any exclusion or limitation herein. The use of the
word "person" or "party" shall mean and include any individual, trust, corporation,
partnership or other entity.
8.11 The parties acknowledge that monetary remedies may be inadequate to protect their
rights with respect to PHI and that, in addition to legal remedies otherwise available,
injunctive relief is an appropriate judicial remedy to protect such rights.
8.12 Business Associate agrees to cooperate and participate with Client in its defense of a
lawsuit or administrative action of HIP AA violations or in connection with any litigation
against third parties to protect the PHI.
8.13 There are no understandings, agreements, or representations relating to the subject matter
herein, express or implied, not specified herein or in other written agreements signed by
the parties. This HIP AA Agreement may not be amended except in writing, which shall
be signed by the parties.
8.14 Each party hereby confirms to the other that neither it nor its shareholders, members,
directors, officers, agents, employees, subcontractors or members of its workforce have
been excluded or served a notice of exclusion or have been served with a notice of
proposed exclusion, or have committed any acts which are cause for exclusion, from
participation in, or had any sanctions, or civil or criminal penalties imposed under, any
federal or state healthcare program, including but not limited to Medicare or Medicaid, or
have been convicted, under federal or state law (including without limitation of a plea of
nolo contendere or participation in a first offender deterred adjudication or other
arrangement whereby a judgment of conviction has been withheld), of a criminal offense
related to (a) the neglect or abuse of a patient, (b) the delivery of an item or service,
including the performance of management or administrative services related to the
delivery of an item or service, under a federal or state program, (c) fraud, theft,
embezzlement, breach of fiduciary responsibility, or other financial misconduct in
connection with the delivery of a healthcare item or service or with respect to any act or
omission in any program operated by or financed in whole or in part by any federal, state
60f8
or local government agency, (d) the unlawful manufacture, distribution, prescription or
dispensing of a controlled substance, or ( e) interference with or obstruction of any
investigation into any criminal offense described in (a) through (d) above. Each party
further agrees to notify the other immediately after such party becomes aware that any of
the foregoing representations or warranties may be inaccurate or may become incorrect.
8.15 Notices shall be delivered to Client the in the manner described in Section 8.3 of this
HIPAA Agreement. A copy, which shall not constitute notice, shall be sent to:
Health Management Associates, Inc.
5811 Pelican Bay Blvd., Suite 500
Naples, FL 34108-2710
Attn: Corporate HIP AA Compliance Manager
Phone: (239) 598-3131
Fax: (239) 598-9433
In the event this HIP AA Agreement is entered into on its own merit and is not attached to
another agreement, notices shall be delivered as follows:
If to Business Associate:
Keys Physician-Hospital Alliance
c/o Lower Florida Keys Physician Hospital Organization, Inc.
P. O. Box 9107
Key West, FL 33040
Attn: Ronald Bierman, Secretary
Phone: (305) 294-4599
Fax: (305) 296-0827
If to Client:
Monroe County Board of County Commissioners
1100 Simonton Street, Room 2-268
Key West, FL 33040
Attn: Privacy Officer
Phone: (305) 292-4448
Fax: (305) 292-4452
with a copy (which shall not constitute service) to:
Health Management Associates, Inc.
5811 Pelican Bay Blvd., Suite 500
Naples, FL 34108-2710
Attn: Corporate HIP AA Compliance Manager
Fax: (239) 598-9433
Each party named above may change its address and/or that of its representative for
notice by the giving of notice thereof in the manner hereinabove provided.
70f8
IN WITNESS WHEREOF, the parties have hereunto set their hands effective the day and
year first above written.
CLIENT:
Signature
Printed Name:
Title:
Date:
BUSINESS ASSOCIATE:
Printed Name:
Title:
Date:
CORPORATE OFFICE (if applicable):
Printed Name:
Title:
Date:
BAA
Rev: 12/31/02/gvk
Rev: 01/24/03/gvk
Rev: 02/20/03/gvk
80f8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 19.2003
Division: Administrative Services
Bulk Item: Y es ~ No
Department: Group Insurance
AGENDA ITEM WORDING: Approval for lease al!reement with Acordia National for remote
access to the Acordia National Multiclaim System.
ITEM BACKGROUND: Access will be limited to viewinl!. inputtinl! and manipulatinl! of data
relative to our health care plan for the purpose of monitorinl! claims processinl!.
PREVIOUS RELA VENT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES: This al!reement shall continue in effect until such time
as either party may provide the other with sixty (60) days prior written notice of intent to cancel.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $500. - one time charl!e BUDGETED: Yes ---K- No
$100. - per year until al!reement cancelled
COST TO COUNTY:$500. - one time charl!e
$100. - per year until al!reement cancelled
REVENUE PRODUCING: Yes
No-X AMOUNTPERMONTH_ Year X
APPROVED BY: County Atty _
OMB/Purchasing ~ Risk Management ~
~ Ot$~
-- Sheila A. Barker
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #Cl..l/
Revised 2/27/01
1
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Acordia National. Inc. Effective Date:March 1. 2003
Expiration Date:N/ A
Contract Purpose/Description:Access of Acordia National Multiclaim System for viewing.
inputting and manipulating of data for the purpose of monitoring claims processing
Contract Manager: Maria Z. Fernandez
(Name)
4448
(Ext. )
Management Services
(Department)
for BOCC meeting on March 19. 2003
Agenda Deadline: March 5. 2003
CONTRACT COSTS
Total Dollar Value of Contract: $500. First year Current Year Portion: $500.00
then $100. second year plus
Budgeted? Yesrg] No D
Grant: $_
County Match: $_
Account Codes: 502-08002-530310-_-_
- - - -
-----
- - - -
-----
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For: _
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesD NoD
Date Out
Reviewer
Risk Management
3/sf03
O.M.B./Purchasing
County Attorney
Comments:
OMB
~ordia.
Acordia National
MUL TICLAIM INTERNET ACCESS LEASE AGREEMENT
This Lease Agreement entered into this 1 sl day of March 2003, by and between ACORDIA
NATIONAL, INC. ("Lessor") and Monroe County ("Lessee"), is hereinafter set forth.
WHEREAS, Lessor is a provider of third-party administration services for employer health care plans;
WHEREAS, in connection with providing claim administration for employer health care plans, Lessor
utilizes certain computer software programs; and
WHEREAS, Lessee is a client of Lessor's and desires access to Lessor's computer software
programs and the data store therein.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein
contained, the parties agree as follows:
1. Svstem Access. Lessor agrees to provide Lessee with remote access to its claim software
known as the Acordia National Multiclaim System ("Multiclaim System"). Lessee's utilization of such access
shall be limited to viewing, inputting and manipulating data relative to its own health care plans. Connection
to the Multiclaim System will be provided by the Lessee's access to the Internet.
2. Eauipment/Materials. Lessor shall provide Lessee with (#) User License(s) of IBM Host on
Demand software. The software will be downloaded to Lessee's equipment upon their initial access to
Lessor's Web Site. Lessee is solely responsible for obtaining and maintaining necessary computer
hardware, including a Personal Computer or similar equipment with Internet access and Web Browser
software.
3. Services Provided. If requested by Lessee, Lessor shall provide assistance in installation of the
Host on Demand software, together with training on the use of the Multiclaim System at either the Lessor's
facilities or the Lessee's. Training fees shall be mutually agreed upon by Lessor and Lessee, prior to training
initiation.
4. Fees. Lessee agrees to pay Lessor $250 per User License for use of IBM Host on Demand
software for the first year. An additional fee of $50 per User License will be charged for each subsequent
year. Lessee agrees to pay these fees regardless of the availability of this software from other sources. In
addition, Lessee agrees that any charges incurred by the Lessee to gain Internet access will be the
responsibility of the Lessee.
Multiclaim Internet Access Lease Agreement
Page 2
5. Access Personal to Lessee. The right of usage and access granted Lessee herein is strictly
personal to Lessee and shall not be shared with any entity or person other than Lessee and its employees.
This Agreement may not be assigned or transferred by Lessee without the express written consent of
Lessor.
6. Proprietary Information. All computer software programs licensed or created by Lessor for which
access is provided Lessee hereunder, together with related source and application codes purchased or
created by Lessor, shall remain the sole property of Lessor, subject to the terms of any license agreements
to which Lessor is a party. Lessee shall not use, sell, hypothecate or disclose the same except as set forth
herein.
7. No Warranty. LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES RELATING TO
THE MUL TICLAIM SYSTEM, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LESSEE AGREES THAT LESSOR
WILL NOT BE LIABLE FOR DAMAGES OF ANY NATURE WHATSOEVER FOR FAILURE OF THE
MUL TICLAIM SYSTEM TO FUNCTION AS DESIRED.
8. Indemnification. Lessee agrees to defend, indemnify and hold harmless Lessor against all
claims, damages, liabilities and expenses actually and reasonably incurred or imposed on Lessor, its
employees or affiliates, in connection with any actual or threatened claim, action, suit, proceeding, settlement
or compromise thereof which arises from the acts and omissions of Lessee, its employees, representatives
or agents in utilizing the Multiclaim System. The right to be defended, indemnified and held harmless shall
extend to the employees of Lessor, their estates, executors, administrators, guardians, conservators and
heirs and shall apply after the employee ceases employment with Lessor or its affiliate with respect to acts or
omissions prior to such cessation.
9. Other Aareements. Lessee agrees to execute such other necessary agreements as may be
required by Lessor, its affiliates or vendors to enable Lessee use of Lessor's software.
10. Term. This Agreement shall continue in effect until such time as either party may provide the
other with sixty (60) days prior written notice of intent to cancel.
11. Governina Law. This Agreement shall be governed by the laws of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
first above written.
ACORDIA NATIONAL, INC.
By
and Monroe County
By
Vice President, Information Services
Title
2
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
warrants that he/it has not employed, retained
or otherwise had act on hi slits behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
(signature)
Date:
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, affixed hislher
signature (name of individual signing) in the space provided above on this
day of
,19_.
NOTARY PUBLIC
My commission expires:
OMB - MCP FORM #4
Non-Appropriation Clause
Monroe County's performance and obligation to pay under this contract, is contingent
upon an annual appropriation by the BOCC.