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Item G26 , ..TSed 2/95 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 11/20/02 Bulk Item: Yes [8J No D Division: Administrative Services Department: Grants Administration AGENDA ITEM WORDING: Authorization for the Mayor to execute the fiscal year 2003 Byrne Memorial State and Local Law Enforcement Assistance Formula Grant contracts with the provider aqencies shown on the attached list. ITEM BACKGROUND: Funds are provided throuqh the Florida Dept of Law Enforcement to implement the proqrams listed. PREVIOUS RELEVANT BOCC ACTION: Approval of certificate of participation at April 2002 meetinq; approval of Substance Abuse Policy Advisory Board (SAPAB) recommendations and approval to apply at May 2002 meetinq. CONTRACT/AGREEMENT CHANGES: Chanqes to dates and amounts. STAFF RECOMMENDATION: Approval TOTAL COST: 212,688.00 COST TO COUNTY: 53.167.00 REVENUE PRODUCING: Yes D No [8J BUDGETED: Yes [8J No D AMOUNT PER MONTH YEAR APPROVED BY:COUNTY A TTY D OMB/PURCHASING D RISK MANAGEMENT D DIVISION DIRECTOR APPROVAL!~1? ~~ ~ . James L. Roberts, County Administrator DOCUMENTATION: INCLUDED: [8J TO FOLLOW: D NOT REQUIRED: D DISPOSITION: AGENDA ITEM #: Q)(P J~ ~I~I en ~ ~ ~I ro Q) ro ro1ro 15 ~ Q) Q) 'C'C'Q) Z >->- C cl >-1 'C (ij..... 8 8 (iji .: c ~ Q) Q)'C! == to::: to::: en en to::: I 0 0 0 0 0 010 C! C! 0 C! 0 C!C! (ij l.() r--. oi "<t r--: <0 co "<t N <0 <0 N M <0 15 ~ q N_ co. r--. co. <0. I- M <0 <0 "<t 0) ..- N ..- M ..- M <0 "<t ..- N 0 0 0 0 0 0 0 C! C! 0 C! C! 0 0 >- r--: r--: c <0 r--. <0 N CJ) CO 0 <0 ..- M l.() <0 ::J "<t 0 0 r--. "<t "<t ..- 0 M CJ) "<t CO ,...: ole-; () ..- ..- l.() 0 0 0 0 0 0 0 0 C! C! C! 0 0 C! Q) oi 0 N CO Lri r--: ..- C l.() N 0 "<t CJ) r--. 0 ~ "<t O_ N ..- N M. l.() OJ 0 r--. 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C 0> 'L: 'C (,) :; ~ E.s '-I 0 'S CO ~I ~ 0 Q) ~ CO CO 0 a. u: C) a. ct) ct),1- MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Florida Keys Outreach Coalition Effective Date: 1 % 1 /02 Expiration Date: 9/30/03 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Sunrise House Transitional Housing for Recovering Homeless Men III as part of Monroe County's FY03 Edward Byrne Memorial Law Enforcement Grant Program Contract Manager: David P. Owens (Name) 20 for BOCC meetinq on 11/)/$/02 OMB/Grants Mgt. (Department) t//C.-/() '-- Aaenda Deadline: WI30/02- 4482 (Ext.) CONTRACT COSTS Total Dollar Value of Contract: $13,945.00 Current Year Portion: $13,94500 Budgeted? Yes X No Account Codes: 125-06017 -530490-GG0308-XXXXXX Grant: $10,459.00 County Match: $3,486.00 Estimated Ongoing Costs: $2857.00 (Not included in dollar value above) ADDITIONAL COSTS For: Staff support-filing reports, oversight (e.q. Maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVI EW Division Director Changes ~ Date In Neede~ ~~~e er, /;_11-__ YesD NOD ,'. _ , , , \\/\(:, O:r- YesD NoQ iJl \ , .SLc?q LU~ I \ \5IC2- YesD NoG;]/ ci~~ E#== II! S!02..YesD Norg/ '-- ?:Ii: Date Out 1/-11-"", Risk Management ll-(~-c;-'~t \ I \ . , k-,---") \ l.(, v c_ 1!y{'2- O.M.B./Purchasing County Attorney Comments: OMB Form Revised 9/11/95 MCP #2 EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT FUNDS AGREEMENT THIS AGREEMENT is made and entered into this day of , 2002, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and Florida Keys Outreach Coalition, whose address is 1615-A Truesdell Court, Key West, Florida 33040, hereinafter referred to as "COALITION." 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 Transitional Housing for Recovering Homeless Men; and WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, the COALITION 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 COALITION 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 COALITION 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 COALITION 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 COALITION in performance of the services set forth in Section 2 of this agreement shall be the total sum of $13,945.00. The total sum represents federal grant/state sub-grant support in the amount of $10,459.00 and local matching funds in the amount of $3,486.00, which amount shall be provided by the county through the grant matching funds 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 COALITION 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 COALITION 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 COALITION shall render to the COUNTY, at the close of 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 COALITION. 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 COALITION after the COALITION 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 COALITION shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. ACCESS TO FINANCIAL RECORDS - The COALITION 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 Agreement. 9. AUDIT - The COALITION 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: Stephen Braddock, Director Florida Keys Outreach Coalition 1615-A Truesdell Court 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 COALITION at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the COALITION after the COALITION has received notice of termination. 12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the COALITION 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 religious denomination or in aid of any sectarian institution. Any violation 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 COALITION. If the COALITION 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 CONTRACTORIEMPLOYEE STATUS - The COALITION is an independent contractor. No statement in this agreement shall be construed so as to find the COALITION, its employees, contractors, servants, volunteers, or agents to be employees of the COUNTY. Persons employed by the COALITION 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 COALITION 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 COALITION. 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. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Mayor/Chairman Deputy Clerk Florida Keys Outreach Coalition By: Witness Title: ~",. , '"'> " ',' z ! - '0 ; O~" >- ,~! u.. ~-, ',\ ~ U o ~ '-:, I,,,",i >-, tt '~'''. ~-<~.('\ f.. if!::J '-.. 'j <I......., i'~"""",' Q---J ~ Z ~J '-u <f; \'oJ z '" 'I > (:\ ~I <( , O"-','~'N i e:::: _J ' ~ ~ \ ~--- ~ <'- ~r <l.: <( 6 Q 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 ^ user log of pertinent information 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 LElTERHEAD 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 STATEMENT UNDER ORDINANCE NO. 10.1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE warrants that he/it 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. 10-1990 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. (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 ,20_. NOTARY PUBLIC My commission expires: OMS - MCP FORM #4 PUBLIC ENTITY CRIME STATEMENT "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." FIDLE Florida Department of Law Enforcement Office of Criminal Justice Grants Mailing Address: Office of Criminal Justice Grants Florida Department of Law ~nforcement 2331 Phillips Road Tallahassee, Florida 32308 (850) 410-8700 James T. "Tim" Moore Commissioner October 28, 2002 The Honorable Charles McCoy Mayor, Monroe County Board of County Commiss!oners 500 Whitehead Street Key West, Florida 33040 Re: 03-CJ-5A-II-54-01-111/ Transitional Housing for the Homeless Substance Abuse Prevention Program 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 $1 0,459 to your unit of government. These funds shall be utilized to implement a Byrne Program under Purpose Area 15D - Drug Testing. 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 sub grant, "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 McCoy Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Beth Hamilton at (850)4l0-8700. Sincerely, CJ2~4~.~ Clayton' H. Wilder Community Program Administrator CHW/BH/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-11-54-01-111 in the amount of $10,459, for a project entitled: Transitional Housing for the Homeless Substance Abuse Prevention Program 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: October. 28, 2002 Grant Period: From: 10/01/2002 To: 09/30/2003 Project Title_: Transitional Housing for the Homeless Substance Abuse Prevention Program Grant Number: 03-CJ-5A-11-54-01-111 Federal Funds: $10,459.00 State Agency Match: Local Agency Match: $3,487.00 Total Project Cost: $13,946.00 Program Area: 15D 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 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-S4-01-111 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. (LQ~~. ~ Authori d Offlclal Clayton H. Wilder Community Program Administrator - /0- 2.~ -02..-' Date Application for Funding Assistance Florida Department of Law Enforcement _. Edward B me Memorial State and Local Law Enforcement Assistance Formula Grant Pro -rani -. I 1 Please read instructions before completing this application. , I The term "Department", unless otherwise stated, refers to the Department of Law Enforcement. .J U >J - 4 2::J 2 The term "OCJG" refers to the Office of Criminal Justice Grants. " '. .--'.'" - .. ... - ~ .. --- . ---- ..---..........'&-c_.._ _. The term "subgrant recipient" or "subgrantee" refers to the governing body of a city, county, state agency, or an Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary 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 example, Sheriff or Clerk of the Court). A. Subgrant Data 1. This section to be completed by Subgrantee 2. This section to be completed by OCJG Continuation of Previous Subgrant? :::: Yes X No Project to # I Program, tea #: I CFDA #: 16.579 If Yes, enter CJ Contract # of Previous Subgrant ).0 cO -ll ?.... :to SFY 2002 CJ Contract # SFY 2003 CJ Contract # 2002 - CJ - - - - - - - - - - 2003 - CJ -$ -1.L -5+_ Oi --ill B. Applicant Information 1. Subgrant ReCipient (Subgrantee) Name of Subgrant Recipient (Unit of Government): Monroe County Board of County County Commissioners 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, Monroe County, FL 33040 SUNCOM # E-mail Address: boccdis3@mail.stateJl.us 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 I Address: 500 Whitehead Street I Area Code / Phone # I 305-292-3550 City, County, State, Zip Code: Key West, Monroe County, FL 33040 SUNCOM # E-mail Address: Area Code / Fax # 305-295-3663 3. Implementing Agency Name of Implementing Agency: Monroe County Board of County Commissioners I Name of Chief Executive Official! State Agency Head / Subgrantee representative I County (if a subordinate agency of the subgrant recipient): James L. Roberts Title: County Administrator Monroe Address: 1100 Simonton Street Area Code! Phone # , 305-292-4441 I SUNCOM # I City, County, State, Zip Code: Key West, Monroe County, FL 33040 ! E-mail Address: jlrobert@mail.stateJl.us Area Code / Fax ;;. I 305-292-4544 FDLE B me Formula Grant A lication Packa e Revised 03/25/2002 Grant A lication S ec tion /I - Page 1 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram 4. Project Director Name of Project Director: David P. Owens (Implementing Agency Employee) County Title: Grants Administrator Monroe Address: 1100 Simonton Street Area Code I Phone # 305-292-4482 City, County, State, Zip Code: Key West, Monroe County, FL 33040 SUNCOM # E-mail Address: mcgrnts@mail.state.f1.us Area Code I Fax # 305-292-4515 5. Contact Person Name of Contact Person: (if other than Project Director) County Title: Monroe Address: r - Area Code I Phone # City, County, State, Zip Code: SUNCOM # E-mail Address: Area Code I Fax # 6. Person Responsible For Financial Reporting (if known) Name: David P. Owens County Title: Grants Administrator Monroe Address: 1100 Simonton Street Area Code I Phone # 305-292-4482 City, County, State, Zip Code: Key West, Monroe County, FL 33040 SUNCOM # E-mail Address: mcgrnts@mail.state.f1.us - Area Code I Fax # 305-292-4515 7. Person Responsible For Programmatic Performance Reporting (if known) Name: David P. Owens County Title: Grants Administrator Monroe Address: 1100 Simonton Street Area Code I Phone # 305-292-4482 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # E-mail Address: mcgrnts@mail.state.f1.us Area Code I Fax # 305-292-4515 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 1/- Page 2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Program C. Administrative Data 1. Project Title: Florida Keys Outreach Coalition, Inc. Sunrise House Transitional Housing for Recovering Homeless Men 2. Identify the year of the project (I, II, III, etc.) III 3. Project period I Start: 10/01/02 I End: 9/20/03 D. Fiscal Data 1. (If other than the Chief Financial Officer) Remit Warrant to: Name: David P. Owens County Title: Grants Administrator Monroe Address: 1100 Simonton Street Area Code I Phone # 305-292-4482 - SUNCOM # City, County, State, Zip Code: Key West, FL 33040 E-mail Address: mcgrnts@mail.state.f1.us Area Code I Fax # 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 I 4. Vendor #: 596000749 5. State Agency SAMAS #: 6. Project Generated Income (PGI): Will the project earn PGI? (See Section G, Item 9.) Yes - No -1L 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 11- Page 3 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 a es. Drug abuse, and alcoholism are among the chief causes of homelessness. According to the Department of Children and Families Ann'ual Report on Homelessness released on June 30, 2001, the number of homeless in the State of Florida has increased 14% to 67,587 on any given night. A point-in-time census of the homeless in Monroe County was conducted on April 10, 2002 and reports that 78% of those homeless in Monroe County are adult males as compared to 45% of the statewide homeless population being male. The census further revealed that there are at least 110 homeless families in the Florida Keys, most in the lower Keys and Key West. 268 homeless children were identified, not including 46 teenagers tallied. The causes of homelessness in the Florida Keys remain rooted in poverty and the lack of affordable housing. Complicating the situation for many individuals and families are related problems of mental health issues, domestic violence and widespread substance abuse. The resulting despair from anyone or combination of the above factors frequently leads to anti- social behavior andlor criminal activity. This is evidenced locally by the high number of homeless incarcerated at the Monroe County Detention Center.. The Florida Keys Outreach Coalition for the Homeless, now in its tenth year of service to Monroe County, offers a residential program to support homeless addicts and former offenders in the transition from despair and hopelessness to sobriety, stability and self-sufficiency. FDtE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section It. Page 4 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram 2. Project Description: Briefly describe proposed project activities. Refer to Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You should include project goals, administration, enhancemenUexpansion, staff, service providers, clients or other participants, equipment, location, and expected project results, as described 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 a es. Sunrise House provides 90-day transitional housing, case management and life skills training for homeless offenders who are in recovery from alcohol/substance abuse. Drug and alcohol tests are conducted on all clients. Intensive case management includes referrals to appropriate services offered in the community. Outpatient substance abuse treatment, daily ANNA meetings, steady employment, house responsibilities, life skills training, and community service activities are a requirement of residency at Sunrise House. The offender is monitored closely for program compliance and adherence to their lAP (Individua/ized Action Plan). The clients contribute to the cost of their room and board. After successful completion of the Sunrise House program (phase 1), the client may transfer to phase 2 of FKOC's program for an additional 9-months of supportive, transitional housing in a drug free stable environment with professional and peer support. Direct referral for admission to Sunrise House come from the Pretrial Release Program, the 16th Judicial Drug Court Diversion Program, the Florida Department of Corrections, the Salvation Army Correction Department, the Forensic Worker at the Monroe County Detention Center, and the Judges. All offenders are required to provide FKOC with a copy of their arrest record to prevent admitting someone with an outstanding warrant. The offenders progress is shared upon request by the referring agency and the court. All women and children are referred to FKOC through Samuels' House and/or the Domestic Abuse Shelter. Sunrise House is staffed 24/7, 365 days per year. Staff include FKOC's Executive Director, a full-time case manager, two program assistants, a house aide and house monitors. The cost of housing and case management for each client at Sunrise House is $13.95 per day as compared to a cost of $58.60 a day for incarceration at the Monroe County Detention Center. FDLE B me Formula Grant A lication Packa e Revised 03/25/2002 Grant A lication Section 11- Page 5 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 3. Proqram Objectives and Performance Measures: Up to three types of objectives may be included in this section of your subgrant application, Le., 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. #20A Corrections Alternatives- Halfway House (Title) (#) b. list Uniform Objectives first, followed by any other appropriate objectives you may wish to address. Uniform Obiectives (Mandatory, copy as worded for the program area addressed). 20A.01 Provide 35 offenders with transitional housing. Part 1 - During this reporting period, how many offenders were NEW ADMISSIONS and/or READMISSIONS to transitional housing? 20A.02 Provide 35 offenders with case management services and daily structured activities. Part 1 - During this reporting period, were most offenders provided with case management services? Part 2 - During this reporting period, were most offenders provided with daily structured activities? 20A.03 Provide 35 offenders with short-term individual and group supportive life skills counseling. Part 1 - During this reporting period, were most offenders provided life counseling? PS0001. Provide 300 drug tests. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Appffcation Section 11- Page 6 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 Schedule showing whe:, activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An 'X' has been inserted for reports '-Mth mandatory due dates for all projects. Place an additional 'X' to indicate times applicable to your project, as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your Quarterly Performance Reports will be reviewed against this schedule, Subgrant Period October 1 ,2002 throuah September 30, 2003 (Beginning Date - Ending Date) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar Apr Mav Jun Jul Aua Sep Submit Financial Reimbursement X X X X Requests Submit Financial Closeout Package X I Submit Quarterly Program Reports X X X X (03) (03) (03) (03) Submit Quarterly PGI Reports (If applicable) Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Alcohol & Drug Testing x x x x x x x x x x x X Pre-screening for admission x x x x x x x x x x I x X Criminal background checks x x x x x x x x x x x X Admissions x x x x x x x x x x x X Case Management x x I x I x x I x x x x x x X life Skills Training I x I x I x x x x I x I x I x I x I x I X Transportation to NNAA Meetings I x x I x x I x x x x I x x I x X House Meetings I x x I x I x x I x x x x I x I x X Community SeNice Activities I x x I x x x I x x x I x I x x x I Aftercare Planning x x I x x I x x x x I x I x x X FDLE Byrne Formuta 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 Fonnula 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 Expenses 10,459.00 3,487.00 13,946.00 Operating Capital Outlay Indirect Costs Totals 10,459.00 3,487.00 13,946.00 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 8 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 Project 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. Reimbursements 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 oaqes if necessarv.) Please respond to the following five items before providing the Budget Narrative. 1. Identify your Specific sources of matching funds. [Source of match must be cash and represent no less than twenty-five (25) percent of the project's cost.] Monroe Co,unty General Revenue = $3,487.00 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? N/A No: Yes: If no, please explain. If yes, please list number and title of position and type of benefits. 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. N/A Local Match provided by the Monroe County general revenue funds, Purchasing methods to be used will conform to existing Federal, State, and Local laws and regulations. Budget Narrative: A bed day is defined as shelter and case management for one 24 hour period and includes access to food, shower, a washer/dryer, local transportation, telephone, personal care items, daily drug testing, employment referral, counseling, compliance monitoring, and follow-up activities. Salaries and benefits Utilities Telephone Drug Testing Maintenance/Supplies General Operations Total annual bUdget of Sunrise House program 73,469.00 16,455.00 2,500.00 9,000.00 5,00000 15.750,00 122,17400 '-) b . (' l' j C ~ ,,:t :r~'Vl)Jc!./_':C C\::. (.1...S(~:. -1-:';V lA' Ii ,-,- ~ Divided by 24 beds = annual cost per bed 5,091.00 Divided by 365 = daily cost per bed 13.95 ';0 V_V'> I ~ C,,<.. T Total Byrne funds and local match will provide 999 71 bed days Byrne Funds (75%) = Local Cash Match of from Monroe County General Revenue Funds = Total Budget S 1 0,459.00 S 3.48700 $13,946.00 FOLE B me Formula Grant A lication Packa e Grant A lication Cj 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 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 corrective action up to and including 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 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. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 1/. Page 10 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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-8?, and A-110, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment 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 effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on 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 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 Governments, or OMS Circular A-11O 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 Formuta Grant A fication Packa e Revised 03/25/2002 Grant A fication Section If - Page 11 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program and U.S. Department of Justice Common Rule for State and Local Governments (reference 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 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the 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-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, 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 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 OMS Circular A-11 O. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, 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 $300,000 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 Section 1/ - Page 12 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram 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 $300,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM 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 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 FDLE B me Formula Grant A lication Packa e Revised 03/25/2002 Grant A lication Section /I - Page 13 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 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 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, I.e., 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. FDLE Byrne Formuta Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 14 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 subgrant 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 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. 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. 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 cheeks, 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. FDLE B me Formula Grant A lication Packa e Revised 03/25/2002 Grant A fication Section If - Page 15 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (2) Such background investigations shall be conducted at the expense 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 forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency 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 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 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11 . Page 16 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968. as amended and that they have or have not formulated. implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program. they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Aot of 1979, Pub. L. 96-157. 42 U.S.C. 3701. et seq. (Reference Section 803 (a) of the Act. 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any state agency, county or city receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1.000.000 or more during any 18 month period in federal funds. must have approval of its EEO Plan by the U.S. DOJ. Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ. OCR for approval. If the U.S. DOJ. OCR has approved 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 and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 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 (UINAU). 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 subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it FDLE B me Formula Grant A lication Packa e Revised 03/25/2002 Grant A /ication Section 1/ - Page 17 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram 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 OO-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 (4) 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 $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 Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. 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 Lobbvinq Activities, according to its instructions. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section /1- Page 18 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify anq 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 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 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 extraordinary 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 assessment/impact 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 closure 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 closure 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 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 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 lication Packa e Revised 03/25/2002 Grant A fication Section 11- Page 19 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 ~nvironmental 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 Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section II - Page 20 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 Program 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 approved or face loss of 1ral funds. ~ -s::? --.: ) a--::>y 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 B me Formula Grant A lication Packa e Revised 03/25/2002 EEO Certification Appendix IV - Page 1 of 2 }1- Kt:SOLUTION NO. 221 - 2002 OMS/Grants A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FY 02/03 EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the FY 02/03 funding cycle of the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program; and WHEREAS, on April 17,2002, the Monroe County Board of Commissioners agreed to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $188,163.00 with a $62,721.00 cash match requirement; and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with' activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. The County Administrator is hereby authorized to sign and submit the application packet for the FY02/03 grant funds to the Florida Department of Law Enforcement Anti-Drug Abuse Grant Program; and that 3. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. . r-..:J ::;: = . 00 = PASSED AND ADOPTED by the Board of County Com'missioners of Monr~~ @un~ Florida, at a regular meeting of said Board held on the 15th day of May, A.u\;;2-002:-< (J', W a.:;. c- ::::=:2 ~~~ ~ ". >- ~ r c:: >- rr; N o Mayor Charles L. McCoy Mayor ProTemDixie Spehar Commissioner Neugent Commissioner Nelson Commissioner Williams yes yes '~iJf~;:;j::l: .. . ,-"""'-;.:\...1. ~ ,.. ...' ..................:\, " ;... '.: .. \' .. .. ';!..;.:.l~.-_.(~:~el)~n~~~~ . :~ilk~~D.~. ~:~~~;.:..' Clerk of Court ~=...:.:::.--:.'-~ :"0>, VPC; absent Monroe County Board of Commissioners .I I J :{ / U By: \.1../ j I KJ)ayor -rJ r fT1 CJ 'i o ::0 ::0 fT1 n o :::::J CJ /) ,., '.~ .> ~~ , . -, -. - ...... .J I J \1 - .i 2 ") vd _ ",...J_ JIMMY WEEKLEY Mayor THE CITY OF KEY WEST P. O. BOX 1409 KEY WEST, FLORIDA 33041-1409 'Nww.keywestcity.com _. ~ - -. _.. --. -.. ..-.....---..... May 29, 2002 tv1r. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Business Support Programs Office Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Wilder: In compliance with State of Florida Rule 9B-61.003(4)(d), F.A.C., the City of Key \Vest approves the distribution of $188,163.00 of Federal Fiscal Year 2002 Byrne Formula Grant Program funds for the following projects within Monroe County: Subgrantee (Otv or Countv) Title of Pro;ect Dollar Amount (Federal Funds) Monroe Monroe Bovs and Girls Club Youth Program Florida Keys Outreach Coalition Sunrise House Transitional Housing Guidance Clinic of the Middle Keys Residential Detoxification Program Guidance Clinic of the M.iddle Keys Safeport Residential Treatment Pro!?Iam Monroe Youth ChallenS?:e Samuel's House Shelter for Women and Children Peacock Apartments Dual-Diagnosed Housing Helpline Parents \Vho Care 19.175.00 Monroe 10,459.00 Monroe 27.020.00 Monroe Monroe Monroe Monroe 52.295.00 26.148.00 3 1.377.00 12.202.00 9.487.00 Total 188,163.00 Very truly yours, Key to the Caribbean - Average yearly temperature 770 F. ?-'-l I I I I I I I ! 1 1010101. 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(1) > ~ J-S 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 Signature: Qo+~.~-, Typed Name and Title: Cia on H. Wilder Communi Pro ram Administrator Date: lo-2.~-o,- . Su~grant Recipient. ... .. Authorizing Official of Governmental. Unit :'(Commission Chairman, Mayor, or Designated Representative) , Typed Name of Subgrant Recipient: Monroe County Board of County Commissioners -/(" ~cL ~-X d ~ 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 ~~.~, Signature: Typed Name and Title: James L. Roberts, County Administrator Date: May 31, 2002 FOLE B me Formula Grant A Revised 03/25/2002 Grant A /ication Section 11- Page 21 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 Signature: Q.Q~. ~ Typed Name and Title: Clavton H. Wilder, Community Proqram Administrator Date: 10- ,&- Cl"2- .. . . Subgrant Recipient<~. ... Authorizing Official of Governmental Uriit (Commission Chairman, ~ayor, or Designated Represen~ative) Typed Name of Subgrant Recipient: Monroe County Board of County Commissioners ~~~~ Signature: Typed Name and Title: James L. Roberts, County Administrator Date: May 31, 2002 Implementing Agency Official, Administrator or Designated Representative Board of Count Commissioners Signature: Typed Name and Title: James L. Roberts. County Administrator Date: May 31, 2002 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 21 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Guidance Clinic of the Middle Keys, Inc. Effective Date: 1 % 1/02 Expiration Date: 9/30/03 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Safeport Residential Drug and Alcohol Treatment Center II as part of Monroe County's FY03 Edward Byrne Memorial Law Enforcement Grant Program Contract Manager: David P. Owens (Name) 20 for BOCC meetinq on 11/yji02 OMB/Grants Mgt. , (Department) u/.;;/c L Aqenda Deadline: to/30/0Z 4482 (Ext.) CONTRACT COSTS Total Dollar Value of Contract: $69,727.00 Current Year Portion: S69,727.00 Budgeted? Yes X No Account Codes: 125-06020-530490-GG0311-XXXXXX Grant: $52,295.00 County Match: $17,432.00 Estimated Ongoing Costs: $2857,00 (Not included in dollar value above) ADDITIONAL COSTS For: Staff support-filing reports, oversight (e.g. Maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Division Director Changes ~ Dat,e ,In Neede~ - __ R, eVI , __ e" _ //-.,___ YesD NotJ ~ _ , . I' 11- (o,.O:::}--- YesD NoEt I, ' " ; . . i.! .\ ,(,., r. \\ \ 5: CZ. YesD NoD- . I')~,- .. "J' . 11/;'IIo~ YesD No[3/ !>{;M4~ Date Out '1- '(--h. /\-r;,-Ccr II \VIFL /;j.5/~~'2- Risk Management O.M.B./Purchasing County Attorney Comments: OMB Form Revised 9/11/95 MCP #2 ,.."" EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT FUNDS AGREEMENT THIS AGREEMENT is made and entered into this day of , 2002, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and Guidance Clinic of the Middle Keys, Inc., whose address is 3000 41st Street, Marathon, Florida 33050, 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 Residential Drug and Alcohol Treatment; 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 $69,727.00. The total sum represents federal grant/state sub-grant support in the amount of $52,295.00 and local matching funds in the amount of $17,432.00, which amount shall be provided by the county through the grant matching funds 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 shall render to the COUNTY, at the close of 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 Agreement. 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: David Rice, Executive Director Guidance Clinic of the Middle Keys, Inc. 3000 4151 Street Marathon, FL 33050 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 religious denomination or in aid of any sectarian institution. Any violation 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. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Mayor/Chairman Deputy Clerk GUIDANCE CLINIC OF THE MIDDLE KEYS, INC. By: Witness Title: .;;~~\z ~~'~~ , -,-:.. ~ ]1 u... . .~::) .'~:' 0,-;-..:" ~': ::; ~ \..\ ''',< 'J~ < VJ ~t-,;~ ~1~~~~ 8::; ~~'~ a.Q I' w Q..."""'T \ . ~.L 'Y ~. ....< CI-, <~ ~'. a " 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./I 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 rei m bu rsement. 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 user log of pertinent information 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 att_ending 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 LETTERHEAD 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 STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE warrants that he/it 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. (signature) Date: STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this day of ,20_. NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 PUBLIC ENTITY CRIME STATEMENT "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." FBLE Florida Department of Law Enforcement Office of Criminal Justice Grants Mailing Address: Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 (850) 410-8700 James T. "Tim" Moore Commissioner October 28, 2002 The Honorable Charles McCoy Mayor, Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 Re: 03-CJ-5A-ll-54-01-105 / Safeport Residential Drug and Alcohol Treatment Center II 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 $52,295 to your unit of government. These funds shall be utilized to implement a Byrne Program under Purpose Area l3B - Offender Community Treatment - Local. 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 McCoy Page Two We look forward to working with you on this project. Ifwe can be of further assistance, please contact Beth Hamilton at (850)410-8700. S incerel y, (Wo1I1A4 ~.~ C~ H. Wilder Community Program Administrator CHW IBH/mg Enclosures State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program CERTIFICATE OF ACCEPTfu~CE OF SUBG~~~T AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 03-CJ-SA-11-54-01-10S in the amount of $52,295, for a project entitled: Safeport Residential Drug and Alcohol Treatment Center II 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: October 28, 2002 Grant period: From: 10/01/2002 To: 09/30/2003 Project Title:: Safeport Residential Drug and Alcohol Treatment Center II Grant Number: 03-CJ-5A-11-54-01-105 Federal Funds: $52,295.00 State Agency Match: Local Agency Match: $17,432.00 Total Project Cost: $69,727.00 Program Area: 13B 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 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-S4-01-10S 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. &~I:m /.J. I~&v-- Authori ed Offlclal Clayton H. Wilder Community Program Administrator - ItJ-~8."2.- Date Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program . Please read instructions before completing this application. i .j'J >1 - 4 Z:J2 The term "Department", unless otherwise stated, refers to the Department of Law Enforcemerit. ~ The term "OCJG" refers to the Office of Criminal Justice Grants. _ .".. 3-'~=.: -.,. - The term "subgrant recipient" or .subgrantee" refers to the governing body of a city, county, state agency, or an Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary 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 example, Sheriff or Clerk of the Court). A. Subgrant Data 1. This section to be completed by Subgrantee 2. This section to be completed by OCJG Continuation of Previous Subgra0t? 0 Yes 0 No Project ID # I Program Area #: I CFDA #: 16.579 If Yes, enter CJ Contract # of Previous Subgrant :;:ooi - /3D 13B SFY 2002 CJ Contract # SFY 2003 CJ Contract # 2002 - CJ - 2H - 11 - 54 - Q1 - 130 2003 - CJ -SA -lL -~-QL - Ic5, B. Applicant Information 1. Suborant Recipient (Suborantee) Name of Subgrant Recipient (Unit of Government): Monroe County Board of County County Commissioners 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 SUNCOM # E-mail Address: boccdis3@mail.state.fl.us Area Code / Fax # 305-292-3577 2. Chief Financial Officer of Suborant 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 SUNCOM # E-mail Address: Area Code I Fax # 305-295-3663 3. Implementino Aoency Name of Implementing Agency: Monroe County Board of County Commissioners Name of Chief Executive Official/State Agency Head I Subgrantee representative County (if a subordinate agency of the subgrant recipient): James L. Roberts Title: County Administrator Monroe Address: 1100 Simonton Street Area Code / Phone # 305-292-4441 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # E-mail Address: jlrobert@mail.state.fl.us Area Code I Fax ;;. 305-292-4544 FDLE B me Formula Grant A Iication Packa e Revised 03/25/2002 Grant A Iication Section /I - Page 1 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Forrnula Grant Program 4. Proiect Director Name of Project Director: David P. Owens I County (Implementing Agency Employee) \ Title: Grants Administrator Monroe Address: 1100 Simonton Street ;',..e:: Code I Phone '# I 3.05-292-4432 City, County, State, Zip Code: Key West, FL 33040 SUNCOM ;# I E-mail Address: mcgrn ts@mail.state.f1.us ;.....e3 Code I Fax '# I 3.05-292-4515 I 5. Contact Person I Name of Contact Person: County (if other than Project Director) Title: Monroe Address: - - Area Code I Phone '# .. .. City, County, State, Zip Code: SUNCOM ;# I E-mail Address: ;.....ea Code I Fax '# I I I 6. Person Responsible For Financial Reporting (if known) Name: David P. Owens County I Title: Grants Administrator I Monroe ! Address: 1100 Simonton Street Area Code I Phone '# I 3.05-292-4432 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # I E-mail Address: mcgrnts@mail.state.fl.us Are3 Code I Fax '# i 3.05-292-4515 i I i 7. Person Responsible For Programmatic Performance Reporting (if known) I Name: David P. Owens County I Title: Grants Administrator Monroe \ A;ea Cod~ I Phor.e #- I ;"'ddress: 1100 Simonton Street 3':)5-292-4452 i City, County, State, Zip Code: Key West, FL 33.040 I SU~JCOM :: I E-mail Address: mcgrnts@mail.state.fl.us I Area Code I Fax;;- \ 305-292-4515 1 FOLE B me Formula Gran( A licarion Packa e Revised 03/25/2002 Gran( A licalion Seclion /1- Paqe 2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program C. Administrative Data 1. Project Title: GCMK at Safeport Long-Term Substance Abuse Treatment 2. Identify the year of the project (I, II, III, etc.) II 3. Project period I Start: 10/01102 I End: 09/30/03 D. Fiscal Data 1. (If other than the Chief Financial Officer) Remit Warrant to: Name: David P. Owens County Title: Grants Administrator Monroe Address: 1100 Simonton Street Area Code / Phone # 305-292-4482 City, County.eState, Zip Code: Key West, FL 33040 SUNCOM # I E-mail Address: mcgrnts@mail.state.fl.us Area Code / Fax # 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-L 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 B me Formula Grant A /ication Packa e Revised 03/25/2002 Grant A /ication Section II - Page 3 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program I 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 a es. Demand for long-term substance abuse treatment far exceeds capacity in Monroe County, Currently, there are only 39 long-term treatment slots available in Monroe County; all of these are operated by the Guidance Clinic of the Middle Keys, Inc. (GCMK): 12 slots in Marathon at Keys to Recovery, a 6-month program for criminally involved men; and 27 slots at GCMK at Safeport in Key West. There are only eight publicly funded detoxification beds in the county, which are located in Marathon at GCMK headquarters. In the period 10/2000-09/2001, 306 unduplicated clients received substance use detoxification and 163 unduplicated clients received detoxification at GCMK 10/2001-03/2002. Approximately 50 percent of these (;::0235 adults) were encouraged to seek long-term substance abuse treatment. GCMK took control of the 9-12-month clinical program at Safeport on December 17, 2001. The program receives 75 percent of its funding from Center for Substance Abuse Treatment (CSA T) to serve homeless adults. Homeless is defined as follows: actually without a home, at risk of losing a home, and without a home in the past 12 months. The remaining 25 percent of the funding for these 27 slots is secured from Byrne Grant, Monroe County, Florida Department of Children and Families, and donations. By October 2002, GCMK will also be able to bill Medicaid, Medicare, and private insurances for eligible services to ensure program viability. GCMK at Safeport now ha.s 14 active clients. Of these, six (43 percent) are involved with the criminal justice system. There are eight clients now pending admission to Safeport. Of these, seven (88 percent) are criminally involved. If all eight clients now pending are admitted, Safeport will soon serve 22 clients with 13 of these (59 percent) involved with the criminal justice system. Many offenders who are court ordered to enter substance abuse treatment in lieu of jail time must either wait in detention for a local slot to open or be referred to a program on the mainland. Of the 22 clients discussed above, four (18 percent) will have come directly from the Monroe County Detention Center. Research indicates that offenders generally need more intensive substance abuse treatment for a longer period of time. Keys to Recovery treats male offenders for 6 months, and DOC outcome statistics reflect that the KTR program has a success rate of 75 percent, which is among the best in the State. Success is measured by the continued personal recovery from substance dependence/abuse and the lack of involvement in criminal activity 1-year post discharge. When looking at all KTR graduates, 72 percent remain outside of the criminal justice system post discharge. KTR resident completion rate is 80 percent; comparing favorably with all similar treatment centers. We expect that GCMK at Safeport will compare favorably with KTR FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 1/ - Page 4 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program relative to these outcomes with the completion rate a little lower and the success rate a little higher. Approximately 80 percent of the jail inmates have substance use disorders, while substance abuse and addiction prompt 60 percent of inmates' criminal activity. Many experts agree that the common denominator in prison is drug and alcohol abuse. However, untreated addicts are being turned out from jail. It is estimated that 75 percent of the untreated addicts return to jail within a short period of time because of activity related to the continuation of their abuse. FDLE B me Formula Grant A lication Packa e Revised 03/25/2002 Grant A ticat/on Section II- Page 5 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Project Description: Briefly describe proposed project activities. Refer to AppenE:!ix II, Part I 1, Pages 1-3 for a description of eligible project areas). You should include project goals, I administration, enhancement/expansion, staff, service providers, clients or other participants, equipment, location, and expected project results, as described 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 a es. GCMK, incorporated in 1973 as a 501 (c)(3), nonprofit organization is dedicated to serving the mental health and substance abuse needs of the residents of Monroe County. GCMK offers a comprehensive continuum of mental health and substance abuse services. The Clinic's medical director is a board-certified psychiatrist. She also serves as medical director for GCMK at Safeport and the Chief Executive Officer is a licensed psychologist. GCMK at Safeport is a partnership between GCMK and the Key West Housing Authority (KWHA); GCMK provides the clinical program for eligible residents living within Safeport, a gated public housing community. KWHA offers preference points to clients who have been assessed by GCMK as appropriate for long-term substance abuse treatment to enable the housing eligibility process to direct treatment candidates into the Safeport community. Due to the placement in public housing, the treatment program is less traditional than most residential programs. The clients live in their own apartments within the compound and receive treatment services in a building that has been taken off-line for housing by KWHA to accommodate treatment space. Therefore, GCMK at Safeport is somewhat of a hybrid residential program treating eligible homeless individuals in 3 phases. Implementation of the ASAM placement criteria and progress in meeting the objectives of the individualized treatment plan direct movement between phases: . Phase 1, residential treatment. The client is immersed in individual/group/family/social and vocational rehabilitation treatment (40 hours per week, including support group attendance), monitored carefully, and gains freedom beyond the treatment community gates through behavior change and steady progress. (2-3 months in duration) . Phase 2, day/night treatment. Treatment intensity for the client is reduced to 20 hours per week with part-time employment or employment readiness training an objective included in treatment planning. (3-4 months in duration) [NOTE: For purposes of reporting for this grant, day/night treatment will be considered as outpatient treatment.] . Phase 3, outpatient treatment: Treatment intensity further diminishes to 6-10 hours per week) as the client becomes more stable with full-time employment and housing permanency objectives included in treatment planning. (3-5 months in duration) Under the Byrne Grant in fiscal year 2003, GCMK at Safeport will provide 714 days of FDLE Byrne Formula Grant Application Package Grant Application Revised 03/25/2002 Section If- Page 6 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program substance abuse treatment for men and women. Clients will be homeless, at-risk of homelessness, or homeless in the past 12 months. These 714 days provide 7.2 percent of the total available treatment capacity and supports 29 percent of the unfunded capacity of GCMK at Safeport. It is expected that three (unduplicated) clients will be served based on an average length of stay of 9-12 months for clients. It is expected that two of the three clients will successfully complete the goals of their treatment plans. GCMK at Safeport is licensed by the Florida State Department of Children and Families to provide the services requested herein. Clients eligible for services under this grant are referred to GCMK at Safeport through the criminal justice system; thus, these clients are themselves criminally involved. GCMK staff works with Mon'roe County Sheriff's Office, Department of Corrections, 16th Judicial Circuit, and other arms of the criminal justice system to secure referrals to GCMK at Safeport. FDLE B me Formula Grant A Revised 03/25/2002 Grant A lication Section 1/ - Page 7 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Safe ort 1. Proqram Objectives and Performance Measures: Up to three types of objectives may 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. 013 (#) Offender Community Treatment - Local (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). Provide treatment services through various treatment modalities to three (3) individuals. Part 1 - During this reporting period, how many clients were provided DETOXIFICATION services? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 2 - During this reporting period, how many clients were provided INTERVENTION services? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 3 - During this reporting period, how many clients -mre provided OUTP A TI ENT services? [This number should only include 013.01 those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 4 - During this reporting period, how many clients were provided Level 1 RESIDENTIAL seC'lices? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 5 - During this reporting period, how many clients were provided Level 2 RESIDENTIAL seC'lices? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 6 - During this reporting period, how many clients were provided Level 3 RESIDENTIAL seC'lices? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 7 _ During this reporting period, how many clients were provided AFTERCARE seC'lices? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS durinG this reDortino Deriodl. Provide an array of treatment services. Part 1 - Were most olients provided psychosocial assessments? Part 2 - Were some clients provided diagnostic serJices? Part 3 - Were most clients provided urinalysis? 013.02 Part 4 - Were most clients provided case management services? Part 5 - Were most clients provided counseling services? Part 6 - Were some clients provided rehabilitation services? Part 7 - Were some clients provided with court liaison services? Part 8 _ Were a significant number of clients referred to outpatient or residential treatment or other community services? Part 9 - Were most clients provided relapse prevention training serJices? Part 10 - Were most clients orovided vocational traininq and emplovment ser,ices? Assist two (2) clients to successfully complete their treatment plan. Part 1 - During this reporting period. how many DETOXIFICATION clients successfully COMPLETED their treatment? 013.03 Part 2- During this reporting period, how many INTERVENTION clients successfully COMPLETED their treatment? Part 3- During this reporting period, how many OUTPATIENT clients successfully COMPLETED their treatment? Part 4- During this reporting period. how many RESIDENTIAL clients successfully COMPLETED their treatment? Part 5- DurinG this reportinG period, how manv AFTERCARE clients successfullv COMPLETED their treatment? FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section /I- Page 8 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Activitv Implementation Schedule. 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 programmatic. An "XU has been inserted for reports with mandatory due dates for all projects. Place an additional "X" to indicate times applicable to your project, as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your Quarterly Performance Reports will be reviewed against this schedule. Subgrant Period October 1. 2002 throuqh September 30, 2003 (Beginning Date - Ending Date) Administrative Activities ACTIVITY Oct Nov Dee Jan Feb Mar Apr May Jun Jul Auq SeD Submit Financial Reimbursement X X X X Requests Submit Financial Closeout Package X Submit Quarterly Program Reports X X X X (03) (03) (03) (03) Submit Quarterly PGI Reports (If applicable) Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Provide substance abuse treatment for X X X X X X X X X X X X criminally involved adults. 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 Grant A lication Section 11- Page 9 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro!=lram 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 52,295 17,432 69,727 Expenses Operating Capital Outlay Indirect Costs Totals 52,295 17,432 69,727 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section II - Page 10 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Budget Narrative a. The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, Indirect Costs). The Total Project 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. Reimbursements 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 paqes if necessarv.) Please respond to the following five it~ms before providing the Budget Narrative. 1. Identify your Specific sources of matching funds. [Source of match must be cash and represent no less than twenty-five (25) percent of the project's cost.] 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: X If no, please explain. Yes: If yes, please list number and title of position and type of benefits. 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. 1. 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. 2. Budget is based on unit cost. A unit is a treatment slot. A treatment slot is defined as residential, day/night treatment, or outpatient for one 24-hour period. It includes the treatment services as outlined in the program narrative. Cost per Bed Day is calculated using the overall operating costs of the 27 treatment slots in the facility, divided by the number of calendar days, assuming 80 percent occupancy as follows: Total Operating Costs $769,983 Cost Per Treatment Day $ 97.66 [$769,983.;. (27 slots x .8) .;. 365 days] Grant Request (Byrne Funds) Local Match (County Funds) Total Grant Program Costs $ 52,295 $ 17.432 $ 69,727 Grant Funds provide 714 treatment days calculated at $97.66 per day. ($69,797.;. 1 treatment slot @ $97.66 per day = 714 treatment days) All goods and services will be done in accordance with Monroe County Purchasing Policies and Procedures. All treatment days charged to the grant will be for clients involved with the criminal justice system. Matching funds come from Monroe County general revenue fund. FDLE B me Formula Grant A lication Packa e Revised 03/25/2002 Grant A Iication Section 1/ - Page 11 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 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 corrective action up to and including 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. Repo"rts 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. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section /1- Page 12 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~ram 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 (OMB) Circulars A-21, A-8?, and A-110, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment 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 effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on 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 13_ 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-8?, "Cost Principles for State. Local and Indian Tribal Governments", 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 for 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 Formula Grant A Iication Packa e Revised 03/25/2002 Grant A lication Section 11- Page 13 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program and U.S. Department of Justice Common Rule for State and Local Governments (reference 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 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the 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-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, 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 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 OMS Circular A-11 O. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, 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 $300,000 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 Section /1- Page 14 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne 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 $300,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM 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 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 FDLE B me Formula Grant A Revised 03/25/2002 Grant A lieation Section /I - Page 15 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 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 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, I.e., 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. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section If - Page 16 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 subgrant 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 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 80th the Subgfant 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. 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. 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. FDLE B me Formula Grant A lication Packa e Revised 03/25/2002 Grant A lication Section /I - Page 17 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employmel1t 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 forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency 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 B18(c} of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 2B 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 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section /I - Page 18 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157,42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any state agency, county or city receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgranteeneed 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 and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 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 1'JEPA 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 FDLE B me Formula Grant A tication Packa e Revised 03/25/2002 Grant A tication Section 1/ - Page 19 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 OO-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 (4) 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, househo~d, 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 $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 Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. 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 Lobbvinq Activities, according to its instructions. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section" - Page 20 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 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 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 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 extraordinary 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 m-ade to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessmenUimpact 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 closure 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 closure 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 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 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 Iication Packa e Revised 03/25/2002 Grant A lication Section /I - Page 21 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram 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, wher. 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 ~nvironmental 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 necessarj follow-up medical tests, examinations or health care. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 22 -7 ~. r:.: RESOLUTION NO. 221 - 2002 OMB/Grants A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUI'JTY , FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LA'N ENFORCEMENT FOR THE FY 02/03 ED\NARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the FY 02/03 funding cycle of the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program; and WHEREAS, on April 17,2002, the Monroe County Board of Commissioners agreed to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $188.163.00 with a $62,721.00 cash match requirement; and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the..~County's current drug control efforts, has recommended certain programs receive funding to provide the community with' activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. The County Administrator is hereby authorized to sign and submit the application packet for the FY02/03 grant funds to the Florida Department of Law Enforcement Anti-Drug Abuse Grant Program; and that 3. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. r--.:J ::: = . CJ ~ = PASSED AND ADOPTED by the Board of County Com'missioners of Monr~ @un~ Florida, at a regular meeting of said Board held on the 15th day of May, A.EJ1~--D02;-< (""). r W 0". c- Mayor Charles L. McCoy yes ::::-- 2 -i _ v Mayor ProTem Dixie Spehar yes :<~'. 3: :;~~~~~~';\ g~~~:~~i~~:;S~i~~~nst :~;ent ; f5. ~ ~.'(;~~:;~:~\9~~~m';. ...:.D~annY L. K lhage Monroe County Board of Commissioners ~:,.,;"~'>;-~_!.(o~. ~ I) (. :::""~f{Aif~~ D.G. By: \Vi "~~~~;:>' Clerk of Court I Ki,'ayor ,., r rrl CJ -ra C) :::0 :;0 r'l o o :::0 CJ '\)C'\ c) c 2A \ / '-:,:".~"'~,>~j~.-:~,'- .. I 0110101 I ~ ~I~I I' ~-i~JI!-1 ~ Ni JI 01 01 ~I >-! Cl ;:" 0' u' I ~: o. ~j u' =1 c.. c.' ~I CI Ill' <5: QJI CI ....1 >-. a::ll I I I I ~ I-c: I '01 u 51rol LL!~i CllI1CijI]j E ulo ~i.3l~ -\- C 22co 00'- 1-1-<.9 ii' '11 i II 1010'010'0101010010i 1~1~1~1~I~i~I~I~ ~!~: ~ ~ ~I~ mi~l~ m,o ml'~; ~Im ~ N m,m NIM, ~ co' ~ ~-I; ~i~l~igl~1 ~l~i J~I~I~!~II~I~ ~1~,~i~1 ~I~I~ ~I~~I~ ffilO ~N: 81~I~i~I;}I~i~ ~I ril~i I 1010io!oioI0!lololollo! ~i~;~!~i~l~ ~I~ ~ ~i Cll'~lmiol.N.CO'~~!O ~ M; c.~ ~IN:O!~lm ~I COI~ 5:.:~ "<l' O'N:~ N'M, ~,"'-i ~i~-I~i~i~i~!~I~1 mi~l lis: I) I c! ~'~i~! !~I~I~I o i CI.lJ'(ii I ~ I > I 0 I :: i Ci! I- Cll' 0,: ~ I A.. o! Cj' Ol; 0::: \ 01' o.:_I-j 0;:'1 ..... Clllc'!OJ' :;::'0....' ~i a. ui Cll oS! c' I .....1 C' EI ~ I <1J! C, <1J1 OJ~ QJ:_.::J1 'I >! 0:~;'O'_. co: 0 , Cll':;::: i Cll . C i .Q: QJ i-c: , ""- 1__ - I wI> I '- 10.1 CO ,'0;,+-''0 -: E OJ! O:g,C5i cl~;.... I c! U i ~, OJ' co, ;:, I' ~ I CO i-c: I Cll! co. OJI.D t I OJI u.-c: :.0' c: Ill: 0 .D,CO:- --!..lco1CllI-c: ;:,: Cll,-- CO! OJ' UI ~ u';;O ;:,iQJlc QJ l;:'iU"O'OJCO~ ~ 0 10e ~ I C i Cii' ;:, .!::: I en; 0 o..! ~ ' .D i 0 ,<.9 I ii)i <{' ro ;;; II EI-gI~; 8 ~I-c: t!~ COjC01C01C gU O,Cll 0" ~!:g l.g U :5 g.!;:, 0' >-1 .... '10- CO ;:, I_I E ....'0 0 ::l Cll o,COlCO Cl..1~.LL <.9 0.. >-,Cf.),Cf.) II I I QJ .... co U o -c: ...: I:S: en; fJ) ~ic Cll,Cll (/] I I.- I co'CO U 0..1 (I) Cll <:.... C - .- oc; C Cll Cll ..c I Cll Cf.)11- _. !~ g 1..') N '0 10 I . 10 I I , 10 o o o o o (I) '0 C 2 Cll .D co (l: > ro '- CI.l 1:: 3 .... o (I) ro 01 1-1 '- aJ > .s . ,/ 'P;-C) L c--~) 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 Program 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 t6- 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 appr:>.ved or face loss of fede~ --~e - 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 B me Formula Grant A lication Packa e Revised 03/25/2002 EEO Certification Appendix IV - Page 1 of 2 fGjL 2-3 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 Signature: QJl + i-l. L.U..tWv- Typed Name and Title: Clavton H. Wilder, Community Proqram Administrator Date: I n - "l..~- c> "2.- .. Subgrant Recipient.. .. " . . .~u~ho~izing Official of G~~iernrt:1e~tal Unjt p. ; , (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: Monroe County Board of County Commissioners 1 ~.---- -x~ ^ 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 Countv Commissioners J~CLJ Signature: Typed Name and Title: James L. Roberts, County Administrator Date: May 31, 2002 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section II - Page 1..i.y 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 '.' Signature: Q.Qa;~ 1-1. kMJ~ Typed Name and Title: Clavton H. Wilder. Community ProQram Administrator Date: IO-2.8-C2- ". ~< - Subgrant Recipleht :.: ':' ..,;:, .':"; , ....Authorizing Official of Governmental Unit\~.- (Comrriis~ion Chairman. Mayor/or Designated Rep'r.~~~~~t~tive) Typed Name of SUb~? c~n!Y. Boa,d of County Comm;";one,, Signature: ~ Typed Name and Title: James L. Roberts, County Administrator May 31, 2002 Date: . . Implementing Ag~ncy, ,,' ' Official. Administrator or Designated Representative Typed Name of Implementing Agency: Signature: ~ ~- ~---<.. Board of Coun Commissioners Typed Name and Title: James L. Roberts, County Administrator Nay 31, 2002 Date: FDLE B me Formula Grant A fication Packa e Revised 03/25/2002 Grant A fication Section 1/ - Page '2. (,;;. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: United States Fellowship of Effective Date: 10/01/02 Florida d/b/a Peacock Apartments Expiration Date: 9/30/03 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Dual Diagnosed Offender Program I as part of Monroe County's FY03 Anti-Drug Abuse Program Contract Manager: David P. Owens (Name) k for BOCC meetinq on 11/;;<3/02 4482 (Ext.) OMB/Grants Mgt. (Department) Ai " > II r..,,!,-,-- Aqenda Dead I ine:.-Wf3+f 02 CONTRACT COSTS Total Dollar Value of Contract $16,269.00 Current Year Portion: $16,269.00 Budgeted? Yes X - No Account Codes: 125-06006-530490~-XXXXXX Grant $12,202.00 j~JJ County Match: $4,067.00 U - 5{2- ADDITIONAL COSTS Estimated Ongoing Costs: $2857.00 For: Staff support-filing reports, oversight (Not included in dollar value above) (eq. Maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes ~ Date In Needed ~ Revle e Division Director II -iI -4"'- YesD NO~ " ~ . Risk Management\. \-Io'~YesD NaB Y1 . . _~ - . c . . . , " \' r f \ O.M.B./Purchasing 1\ \s/t-L-YesD No~ .:Ct'M,- \/ .i~ II ;5/0v YesD NO~ ');/k~ Date Out IJ--t,-o- County Attorney I/-G -Qd-- I ;1 i' _ \, r' -- I!, il.' L-" L - r , ' /1/5;;/; 2-- Comments: OMB Form Revised 9/11/95 MCP #2 EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT FUNDS AGREEMENT THIS AGREEMENT is made and entered this day of , 2002, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and The United States Fellowship of Florida d/b/a Peacock Apartments, whose address is 1320 Coco Plum Drive, Marathon, Florida 33050, 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 COUNTY to implement a program that provides Dual Diagnosed Offender Housing for Monroe County Homeless Men and Women; and WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, 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 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 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 - 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 PROVIDER in performance of the services set forth in Section 2 of this agreement shall be the total sum of $16,269.00. The total sum represents federal grant/state sub-grant support in the amount of $12,202.00 and local matching funds in the amount of $4,067.00, which amount shall be provided by the county through the grant matching funds 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 - PROVIDER is an implementing agency under the COUNTY'S Anti-Drug Abuse Program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, PROVIDER shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Department of Community Affairs Grant Program. 6. BilLING AND PAYMENT (a) PROVIDER shall render to the COUNTY, at the close of 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: 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 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 PROVIDER after 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, PROVIDER shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. ACCESS TO FINANCIAL RECORDS - 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 Agreement. 9. AUDIT - 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 Grants Administrator 1100 Simonton Street Key West, Fl 33040 FOR PROVIDER U. S. Fellowship of Florida 1320 Coco Plum Drive Marathon, Florida 33050 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 Community Affairs 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 Provider at its address specified above. The COUNTY shall not be obligated to pay for any services provided by PROVIDER after PROVIDER has received notice of termination. 12. COMPLIANCE WITH lAWS AND REGULATIONS - In providing all services pursuant to this Agreement, 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 religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to PROVIDER. If 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. EMPLOYEE STATUS - Persons employed by 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 - PROVIDER agrees to hold harmless, indemnify, and defend the COUNT-Y, 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 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. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman U. S. Fellowship of Florida, d/b/a Peacock Apartments By: Witness Title: 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 user log of pertinent information 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 STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it 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. 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 his/her signature (name of individual signing) in the space provided above on this day of ,20_. NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 PUBLIC ENTITY CRIME STATEMENT "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-...dd..... LE - Florida Department of Law Enforcement Office of Criminal Justice Grants Mailing Address: Office of Criminal Justice Grants Florida Department of Law .Enforcement 2331 Phillips Road Tallahassee, Florida 32308 (850) 410-8700 James T. "Tim" Moore Commissioner October 28, 2002 The Honorable Charles McCoy Mayor, Monroe County Board of County Commis~ioners 500 Whitehead Street Key West, Florida 33040 Re: 03-CJ-5A-11-54-01-109 / Peacock Apartments Dual Diagnosed Offender Program 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 $12,202 to your unit of government. These funds shall be utilized to implement a Byrne Program under Purpose Area 13B - Offender Community Treatment - Local. A copy of the approved subgrant 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 McCoy Page Two We look forward to working with you on this project. Ifwe can be of further assistance, please contact Beth Hamilton at (850)410-8700. Sincerely, QQ kM.~ Clayt~. Wilder . Community Program Administrator CHW IBHJmg 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-S4-01-109 in the amount of $12,202, for a project entitled: Peacock Apartments Dual Diagnosed Offender Program 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: October 28, 2002 Grant Period: From: 10/01/2002 To: 09/30/2003 Project Title: Peacock Apartments Dual Diagnosed Offender Program Grant Number: 03-CJ-5A-11-54-01-109 Federal Funds: $12,202.00 state Agency Match: Local Agency Match: $4,068.00 Total Project Cost: $16,270.00 Program Area: 13B 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 7100.10, 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-S4-01-109 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. Q..Q~~ ~. ~ Authorizea Official Clayton H. Wilder Community Pr~gram Administrator lO - "2. i~ D ~ Date Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grantproqram - 1 Please read instructions before completing this applicatioh. I , The term "Department", unless otherwise stated, refers to the Department of Law Enforcement: j'j;\ - 4 2:j2 The term "OCJG" refers to the Office of Criminal Justice Grants. -..... ...........-...____..~.___h_. _ The term "subgrant recipient" or .subgrantee" refers to the governing body of a city, county, state agency, or an Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary 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 example, Sheriff or Clerk of the Court). A. Subqrant Data 1. This section to be completed by Subgrantee I 2. This section to be completed by OCJG Continuation of Previous Subgraf)t? 0 Yes 0 No Project 10 #- I Program Area #: I CFDA #: 16.579 If Yes, enter CJ Contract # of Previous Subgrant ;;2.:;0'Z- le'l /3 B SFY 2002 CJ Contract # SFY 2003 CJ Contract # 2002 - CJ - - - - - 2003 - CJ -.~ -lL -U -Ql- Ei - - - - - B. Applicant Information 1. Subqrant Recipient (Subqrantee) Name of Subgrant Recipient (Unit of Government): Monroe County Board of County County Commissioners 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 SUNCOM # E-mail Address: boccdis3@mail.state.fl.us Area Code / Fax # 305-292-3577 2. Chief Financial Officer of Subgrant Recipient (Subqrantee) 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 SUNCOM # E-mail Address: Area Code / Fax # 305-295-3663 3. Implementinq Aqency Name of Implementing Agency: Monroe County Board of County Commissioners Name of Chief Executive Official/State Agency Head / Subgrantee representative County (if a subordinate agency of the subgrant recipient): James L. Roberts Title: County Administrator Monroe I Address: 1100 Simonton Street Area Code I Phone # 305-292-4441 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # E-mail Address: jlrobert@mail.state.fl.us Area Code I Fax # 305-292-4544 FOLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section" - Page 1 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Project Director Name of Project Director: David P. Owens (Implementing Agency Employee) County Title: Grants Administrator Monroe Address: 1100 Simonton Street Area Code I Phone # I 305-292-4482 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # E-mail,A,ddress: mcg rn ts@mail.state.fl.us Area Code I Fax # I 305-292-4515 5. Contact Person Name of Contact Person: (if other than Project Director) County Title: Monroe Address: . - Area Code I Phone # " City, County, State, Zip Code: SUNCOM # E-mail Address: Area Code I Fax # I 6. Person Responsible For Financial Reportina (if known) I I Name: David P. Owens County Title: Grants Administrator Monroe Address: 1100 Simonton Street Area Code I Phone # 305-292-4482 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # I E-mail Address: mcgrnts@mail.state.fl.us Area Code I Fax # 305-292-4515 7. Person Responsible For Proarammatic Performance Reporting (if known) Name: David P. Owens County Title: Grants Administrator Monroe Address: 1100 Simonton Street Area Code I Phone ;; 305-292-4482 City, County, State, Zip Code: Key West, FL 33040 SUNCOM # E-mail Address: mcgrnts@ma:l.state.fl.us I Area Code I Fax # 305-292-4515 FDtE Byrne Formula Grant App/icarion Packaqe Revised 03/25/2002 GranC Application SecCion /1- Page 2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~ram C. Administrative Data 1. Project Title: Peacock Apartments Dual Diagnosed Offender Program 2. Identify the year of the project (I, II, III, etc.) I 3. Project period I Start: 10/01/02 I End: 09/30/03 D. Fiscal Data 1. (If other than the Chief Financial Officer) Remit Warrant to: Name: David P. Owens I County Title: Grants Administrator I Monroe Address: 1100 Simonton Street Area Code / Phone # 305-292-4482 City, County,-State, Zip Code: Key West, FL 33040 SUNCOM # E-mail Address: mcgrnts@mail.stateJl.us Area Code / Fax # 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 X 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 11- Page 3 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 a es. PROBLEM DESCRIPTION: Mentally ill drug-dependent and alcohol dependent offenders who are injail for misdemeanor and Felony charges, waiting trial or pending release on parole or probation would be better served in a Residential Program for Dual Diagnosed Offenders. Diverting offenders into community based treatment, with case management, referral to treatment, assessment, and monitoring through drug and alcohol testing, relieves the j ail from the expense of the cost of care of these special needs offenders. Coordinating mental health treatment, to include counseling and medication management for their mental health conditions, will be instrumental in reducing their risK of alcohol and illegal drug use while living in the community. PROBLEM SIGNIFICANCE: Mentally ill offenders often do not understand the charges against them and are unable to contribute to their own defense. Some are incompetent to stand trial, while others are charged with felony substance abuse charges, felony grand theft, and other serious crimes which are not due to violence or aggression. These offenders need ongoing mental health treatment and supervision, to prevent suicide attempts while injail, and to prevent victimization by the other prisoners. By releasing them into our community based offender program, they will be given the opportunity to break the cycle of "self-medication" (through substance abuse) of their mental illness, and develop a treatment program that enables them to remain clean and sober, and become a productive member of our community. NEEDS ASSESSMENT: The National Alliance for the Mentally Ill, Florida Branch Director Fay Barnette, states: "For every one person in a state mental hospital with a severe mental illness, there are 1 0 people \vith severe mental illness in county jails. With the reduction of beds and the closure of a state hospital in 2002, this is a problem that will reach crisis proportions." By providing alternatives to prevent detention, jail and prison for persons who pose no danger to the community, we can reduce our mentally ill jail population. FOLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 1/ - Pa(Je 4 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram 2. Project Description: Briefly describe proposed project activities. Refer to Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You should include project goals, administration, enhancemenUexpansion, staff, service providers, clients or other participants, equipment, location, and expected project results, as described 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 a es. Peacock Apartments Dual Diagnosed Offender Program will provide 4 residential beds in Key West to mentally ill adults who are addicted to alcohol or illegal drugs and have been charged with or convicted of misdemeanor or felony crimes, which are not dangerous to the community. Currently, Peacock Apartments does not have an Offender program. This will be an expansion by adding four beds/units to our current census at Peacock Apartments. Existing occupied beds/units are 24. If funded, this program will expand the beds/units to 28. The goals of the Program will be: 1. To identify the potential client population, through contact with the case managers at the County Jail facilities, the case managers at The Care Center for Mental Health, The Guidance Clinic, Pre-Trial Services and the Court System, including the Public Defender's office. All potential clients will be interviewed by the Peacock Apartments staff, during which assessments, referrals and treatment plans will be formulated. To qualify for a residential bed at Peacock Apartments Offender Program, the candidate must be disabled due to having a chronic, serious mental illness; have a dual diagnosis of substance abuse or addiction; and be either charged or convicted of misdemeanor or felony crimes. They can not be a danger to the community, or have a history of violent criminal or sexual aggression. 2. To provide four offenders with residential services, including a bed/unit, utilities, furniture, transportation, supervision, monitoring, referral to mental health treatment, referral to substance abuse treatment, drug testing, case management, and medication management. 3. To provide referrals to other appropriate programs for offenders that do not meet our criteria for our program. 4. To provide case management to applicants on our waiting list to our programs, including visits at jail, assistance with court appearances, assistance with coordination of defense of their case, and other assistance as needed. 5. To provide case management to clients who successfully complete their treatment plan in our Program, and move out into the community at large, for six months after release from our program. The followup care will include home visits, inclusion in social events at Peacock Apartments, assistance with money management, and monitoring of medication compliance and mental health treatment compliance. Staff employed by U.S. Fellowship of Florida, Inc. at Peacock Apartments include Program Director, Jerri Valverde, RN; Lori Robb, Case Manager, and four Residential Mental Health Counselors. Staff will perform intake appointments, assessments, referrals, treatment planning, case management, transportation, supervision of medication compliance, supervision of mental health treatment compliance, assistance with money management, drug testing, alcohol testing, and assistance with activities of daily living. U.S. Fellowship of Florida also operates Heron House in Marathon. The residents of the Program will share one four bedroom apartment, located at Poinciana Plaza, Key West, Florida, as part of Peacock Apartments Residential Mental Health Program. This apartment was formerly used as staff housing. It will be converted to the Offender Program if funding is approved. Each resident's treatment plan will determine the length of stay in the program, as per their criminal case requirements. The minimum stay will be ninety days, and the maximum stay will not be limited. The treatment plan will address the frequency of drug/alcohol testing, the consequences if test is positive, the requirements for appropriate behavior and compliance with medications during the duration of the participation in the program. Coordination with pre-trial services, probation, parole, and other law enforcement agencies will be included in the treatment plan. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Appllcation Section /1- Page 5 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 3. Program Obiectives and Performance Measures: Up to three types of objectives may 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 013.01 013.02 013.03 PSO 0001 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. 13 Offender Community Treatment (#) (Title) b. List Uniform Objectives first, followed by any other appropriate objectives you may wish to add~ess. 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). Provide treatment services through various treatment modalities to four (4) individuals. Part 1 - During this reporting period, how many clients were provided DETOXIFICATION services? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 2 - During this reporting period, how many clients were provided INTERVENTION services? [Chis number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 3 - During this reporting period, how many clients were provided OUTPATIENT services? [Chis number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 4 - During this reporting period, how many clients were provided Levell RESIDENTIAL services? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 5 - During this reporting period, how many clients were provided Level 2 RESIDENTIAL services? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 6 - During this reporting period, how many clients were provided Level 3 RESIDENTIAL services? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 7 - During this reporting period, how many clients were provided AFTERCARE services? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS durin this re ortin eriod. Provide an array of treatment ser/ices. Part 1 - Were most clients provided psychosocial assessments? Part 2 - Were some clients provided diagnostic services? Part 3 - Were most clients provided urinalysis? Part 4 - Were most clients provided case management services? Part 5 - Were most clients provided counseling services? Part 6 - Were some clients provided rehabilitation services? Part 7 - Were some clients provided with court liaison services? Part 8 - Were a significant number of clients referred to outpatient or residential treatment or other community services? Part 9 - Were most clients provided relapse prevention training services? Part 10 - Were most clients rovided vocational trainin and emclo ment ser/ices? Assist four (4) clients to successfully complete their treatment plan. Part 1 - During this reporting period, how many DETOXIFICATION clients successfully COMPLETED their treatment? Part 2- During this reporting period, how many INTERVENTION clients successfully COMPLETED their treatment? Part 3- During this reporting period, how many OUTPATIENT clients successfully COMPLETED their treatment? Part 4- During this reporting period, how many RESIDENTIAL clients successfully COMPLETED their treatment? Part 5- Durin this re ortin eriod, how man AFTERCARE clients successfull COMPLETED their treatment? Project S ecific Objectives Provide 4 client~ monthly dru9 tests during the grant period, for a total of 48 drug tests. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section If- Page 6 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Activity Implementation Schedule. 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 programmatic. An "X" has been inserted for reports with mandatory due dates for all projects. Place an additional "X" to indicate times applicable to your project, as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your Quarterly Performance Reports will be reviewed against this schedule. I Subgrant Period I I October 1. 2002 throuqh September 30,2003 (Beginning Date - Ending Date) Administrative Activities ACTIVITY Oct Nov Dee Jan Feb Mar Apr May Jun Jul Auq SeD Submit Financial Reimbursement X X X X Requests Submit Financial Closeout Package X I Submit Quarterly Program Reports X X X X (03) (03) (03) (03) Submit Quarterly PGI Reports (If applicable) Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Interview, assess, background screen X X X X X X X X X X X And evaluate for our program X Referral of client into our project, or to X X X X X X X X X X X X alternate project Provide case management, monitoring, X X X X X X X X X X X X drug test, and treatment planning Discharge planning and coordination X X X X X X X X X Follow up care and case management I I X I X I X X X X I X X I X 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 Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 7 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 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 12,202.00 4,068.00 16,270.00 Expenses Operating Capital Outlay Indirect Costs Totals 12,202.00 4,068.00 16,270.00 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section II- Page 8 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistan\.e 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 Project Costs should be included. b. You must describe the line items for each appiicable budget category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrati'le. c. Costs must not be allocated or included as a cost to any other federally financed program. (Continue on additional Daces if necessarv.) Please respond to the following five items before providing the Budget Narrative. 1. Identify your Specific sources of matching funds. [Source of match must be cash and represent no less than twenty-five (25) percent of the project's cost.] Local Match provided from the Monroe County General Revenue Fund. 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: XX If yes, please list number and title of position and type of benefits. 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. Annual budget of Peacock Apartments, if 28 beds Less HUD funding for salaries Subtotal cost per bed per year (divide by 28) cost per bed per month (divide by 12) rent paid by each client per month net cost per bed per month net cost per bed per day (divide by 30.42 - avg. days in a month) Total Cost of Project (1,460.00 bed days) 264,800.00 16,500.00 248,300.00 8,697.86 738.99 400.00 338.99 11.14 16,270.00 Byrne Grant funds County Match Total Amount Requested 12,202.00 4068.00 16,270.00 ,(. er',. (",/'< c...., Y C"::' lA',-") Ci_,:,.t b..<..."<.'" '__ :/ I""L'___ --' -. } -r-:lt.l'-\ pc..~ clc-,) f' k:c'~ Total costs of Peacock Apartments Program: Salaries, benefits, stipends: Insurance Utilities & phone Supplies Transportation Costs Drug Tests TOTAL 197,400 21,300 30,900 8,600 3,600 3,000 5264,800 Purchasing methods to be used will conform to existing Federal, State, and Local laws and regulations. FOLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section /1- Page 9 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 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 corrective action up to and including 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 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. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 10 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law 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-B?, and A-110, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment 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 effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on 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 Governments and federal OMB Circular A-8?, "Cost Principles for State, Local and Indian Tribal Governments", 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 for State and Local Governments, or OMS 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 FOLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section II - Page 11 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program and U.S. Department of Justice Common Rule for State and Local Governments (reference 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 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the 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-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, 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 OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-11 O. This oblig~tion 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 OMS Circular A-11 O. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, 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 $300,000 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 Section /I - Page 12 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne 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 $300,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM 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 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 FDtE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 13 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram 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 b_eyond 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 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, i.e., 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. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section II - Page 14 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 subgrant 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 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 80th the Subgr.ant 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. 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. 28. Background Check Whenever a background screening for emploY01ent 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. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section /I - Page 15 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram (2) Such background investigations shall be conducted at the expense 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 forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency 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 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 FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section /I - Page 16 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro~ram 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. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act. 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any state agency, county or city receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $ 1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. If the U.S. DOJ, OCR has approved 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 and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 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 (UlNA"). 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 subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section /I - P<Jge 17 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 OO-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 ~hange its size; and (4) 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, househol~, 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 $1 00,000 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 Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. 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 infiuencing 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 Lobbvinq Activities, according to its instructions. FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section 11- Page 18 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proqram (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 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 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 operated by city, county, or municipalirj. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary 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 rifade to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact 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 closure 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 closure 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 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 orcome 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 necessarj, 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 Revised 03/25/2002 Grant A lieation Section 11- Page 19 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 licensec cisposal 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 e.nvironmental 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 Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section /I - Page 20 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 Program 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 t6" 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 subgranl application for federal assistance is approved or face loss of fen _ - ~ ~~( '=" - 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 B me Formula Grant A fication Packa e Revised 03/25/2002 EEO Certification Appendix IV - Page 1 of 2 ('\/1( /).)..\ ~,l..( \ '- - - ~:...." RESOLUTION NO. 221 - 2002 OM8/Grants A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FY 02/03 EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the FY 02/03 funding cycle of the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program; and WHEREAS, on April 17,2002, the Monroe County Board of Commissioners agreed to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $188,163.00 with a $62,721.00 cash match requirement; and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the-County's current drug control efforts, has recommended certain - programs receive funding to provide the community with' activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance Abuse Policy Advisory Board's recommendations; and that 2. The County Administrator is hereby authorized to sign and submit the application packet for the FY02103 grant funds to the Florida Department of Law Enforcement Anti-Drug Abuse Grant Program; and that 3. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. ......., = " a CJ ~ PASSED AND ADOPTED by the Board of County Commissioners of MonrA'ft @un~ Florida, at a regular meeting of said Board held on the 15th day of May, A.ffi;2-002.-< n',. W o~. c:- Mayor Charles L. McCoy yes 2;~S2 v Mayor ProTem Dixie Spehar yes :<~'.::x: . ".:> .r- ';~~;'~f';\ g~~~:~~i~~:~~~~~~~ :::eot;: g ~ "(~.i~,~\(.?:<i~})'.'l!7nY L;, 'tl~age ff Monroe County B?~rd of Commissioners >':.~f1ff~ \ D.C-. By: (b~ -';':"'" "<o;:--~>~ Clerk of Court I Mayor ~~;Q:.~;.~... .. -r, I rT"J CJ .. 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IN I 10 ,0 I . ,0 o q o I !O Iq !o I I I , i I i I , i I IVl 1-0 'c 1::1 , "- :CJ ,- ,.0 I~ 1m I~ 1,- '<l.l i-o i~ II ,- ('Y(-l\ L 2_:3 ........ i I 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 Signature: ~c; ~ ~. w J.~ Typed Name and Title: Clayton H. Wilder. Community Proqram Administrator Date: '0 - ,g. 0 2. . Subgrant Recipient' Authorizing OffiCial of Governmental Unit . (Commission Chairman, Mayor, or Designated ~epresentative) Typed Name of Subgrant Recipient: Monroe County Board of County Commissioners ~~( Signature: Typed Name and Title: James L. Roberts, County Administrator Da~: May 31, 2002 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 Nay 31, 2002 Date: FDLE Byrne Formula Grant Application Package Revised 03/25/2002 Grant Application Section /I - Page 2-'-t 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 Signature: 01 Ctri.)...., iI. ~ Typed Name and Title: Clayton H. Wilder. Communitv Proqram Administrator Date: 10- 2 ~ . () '2. Subgrant Recipient , .. . Authorizing Official of Governmental Uni~.:-.. .f . , (Commission Chairman, Mayor, or Designated Repre~e.!ttative) . Typed Name of S"b~;~s.:? :"QI of Co"nty Comm;,,;one" Signature: Typed Name and Title: James L. Roberts, Countv Administrator Date: May31, 2002 Implementing Agency .;._ Official, Administrator or Designated Representatiye . Typed Name of Implementing Agency: Monroe Countv Board of County Commissioners --J~~l Signature: Typed Name and Title: James L. Roberts, Countv Administrator Date: May 31, 2002 FDLE B me Formula Grant A fication Packa e Revised 03/25/2002 Grant A fication Section 11- Page '21+ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Monroe County Sheriffs Dept. Effective Date: 10/01/02 Expiration Date: 9/30/03 Contract Purpose/Description: Funds provided through FDLE Agreement for implementation of the Monroe Youth Challenge II as part of Monroe County's FY03 Edward Byrne Memorial Law Enforcement Grant Program Contract Manager: David P. Owens (Name) k; for BOCC meetinq on 11/-v3/02 4482 OMB/Grants Mgt. (Ext.) / (Department) (//'c., /.:...1_ Aqenda Deadline:-t~02 CONTRACT COSTS Total Dollar Value of Contract: $34,864.00 Current Year Portion: $34,864.00 Budgeted? Yes X No Account Codes: 125-06021-530490-GG0312-XXXXXX Grant: $26,148.00 County Match: $8,716.00 Estimated Ongoing Costs: $2857.00 (Not included in dollar value above) ADDITIONAL COSTS For: Staff support-filing reports, oversight (e.q. Maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Risk Management Changes Date In Needed ~ 11_{/_~esDNo~ '~-'1 ll- 0 -60-- YesD No~ . ; \ I~~~:::~ ::~ · .~7J~. Date Out Division Director II -H-, ) 1,t:-rOa- .\ ~J ?-,.--) \ I....c t, C,_ /~~2-- O.M.B./Purchasing County Attorney Comments: OMB Form Revised 9/11/95 MCP #2 EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT FUNDS AGREEMENT THIS AGREEMENT is made and entered into this day of ,2002, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040, hereinafter referred to as "COUNTY," and Monroe County Sheriff's Dept., whose address is 5525 College Road, Key West, Florida 33040, 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 Youth Challenge Day services; 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 $34,864.00. The total sum represents federal grant/state sub-grant support in the amount of $26,148.00 and local matching funds in the amount of $8,716.00, which amount shall be proYided by the county through the grant matching funds 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 shall render to the COUNTY, at the close of 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 Aareement. 9. AUDIT - The PROVIDER shall submit to the COUNTY an audit report coyering 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: Richard D. Roth, Sheriff Monroe County Sheriff Department 5525 College Road 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 religious denomination or in aid of any sectarian institution. Any violation 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 priYileges 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 waiyers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. IN WITNESS WHEREOF, the parties to this Agreement have caused their names to be affixed hereto by the proper officers thereof for the purposes herein expressed at Monroe County, Florida, on the day and year first written above. (SEAL) ATTEST: DANNY L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Monroe County Sheriff's Dept. By: Title: Witness ^ ~I -' . '11 ~'~~' ",'g "- 1J.."1 ~ ~<;,5 ,~~ ~~ ~~~~! t2\;:: ~ 1,~;:.:5 -~ t~Y~ c ~;;:.. ".-/ ;- .'( :;:- '. \ \ ' ....J 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 do(~ument 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 user log of pertinent information 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 STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE warrants that he/it 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. 10-1990 or any County officer or employee in yiolation 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 his/her signature (name of individual signing) in the space provided above on this day of ,19_. NOTARY PUBLIC My commission expires: OMB - MCP FORM #4 PUBLIC ENTITY CRIME STATEMENT "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 proYided 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 u Florida Department of Law Enforcement Office of Criminal Justice Grants Mailing Address: Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 (850) 410-8700 James T. "Tim" Moore Commissioner October 28, 2002 The Honorable Charles McCoy Mayor, Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 Re: 03-CJ-5A-11-54-01-106 / Monroe Youth Challenge Program II 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 $26, 148 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 subgrant 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 revie\ved 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