Loading...
2001-CJ-J1-11-54-01-108 11/21/2000 1J9annp lL. i{olbage BRANCH OFFICE 3117 OVERSEAS I-llGHWA Y MARAlHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF 1HE CIRCUIT COURT MONROE COUNlY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: November 30, 2000 TO: Jennifer Hill, Budget Director Office of Management & Budget AITN: Dave Owens Grants Administ(trator Pamela G. Hanc . Deputy Clerk FROM: At the November 21,2000, Board of County Commissioner's meeting the Board granted approval and authorized execution of the Fiscal Year 2001 Subgrant Award Certificates between Monroe County and the State of Florida, Office of Criminal Justice Grants, Florida Department of Law Enforcement for the following projects: Sheriff's Inmate Intervention Program N, Grant No. 01-CJ-Il-11-54-01-111; Sunrise House, Transitional Housing for Recovering Homeless Men I, Grant No. 01-CJ-Il-11-54-01-112; Program Administration, Grant No. 01-CJ-Il-1l-54-01-113; and Residential Detoxification Services for Monroe County Men and Women IT, Grant No. 01-CJ-Il-II-54-01-108. Enclosed please find a duplicate original of each Subgrant Award for your handling. I have also enclosed a copy of the Board of County Commissioner's Minutes, page 2000/333, which shows approval of the following Resolutions (also attached) necessary for changes made to these documents, they are as follows: Resolution No. 441-2000 designating Commissioner George Neugent as Mayor/Chairman and designating Commissioner Nora Williams as Mayor Pro Tem of the Board of County Commissioner of Monroe County. Resolution No. 440-2000 authorizing the Mayor and the Clerk of the Board to sign all warrants, legal documents and any other necessary papers and documents on behalf of the County. Should you have any questions please feel free to contact this office. Cc: County Administrator w/o documents County Attorney Finance File F LE RECEIVED Mayor Shirley Freeman Florida Department of Law Enforcement Office of Criminal Justice Grants Mailing Address: Office of Criminal Justice Grants Florida Department of Law Enforcement 1819 Miccosukee Commons Tallahassee, Florida 32308 (850) 410-8700 James T. "Tim" Moore Commissioner October 31, 2000 M,~, ) ,t'! . / I /, .~1 ~ ! '-", V ,(",_L c/ ) __----.----..-.. .-.'" O' The Honorable Shirley Freeman Mayor, Monroe County Board of Commissioners 530 Whitehead Street Key West, Florida 33040 ,-",! -_~,4' :'J C.::J :') (~ --; N ('") -.J rn J:- ... - .....~ - .- ~:>, '-9 -.. ,. CJ1 co Re: 0 l-CJ -JI-II-54-0 1-1 08/Residential Detoxification Services for Monroe County Men and Women II Dear Mayor Freeman: The Florida Department of Law Enforcement is pleased to award a Byrne State and Local Law Enforcement grant in the amount of $22,954 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 project number and title is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to Section H of the sub grant which is the "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 Sub grant Award Certificate. This certificate contains important information regarding Section H that applies to this grant award. ~, The enclosed Certificate of Acceptance should be completed and returned to the Department . ~J.t.~in30 calendar4~Y~Jr()m the,date of award. CThis certificate constitutes officTa:lacceptartce -;--of the 'awardarid must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service . Integrity . Respect . Quality The Honorable Shirley Freeman 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, ~' ~ tUdtiJ Clayto H. Wilder Community Program Administrator CHW /BH/mg Enclosures State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 01-CJ-Jl-11-54-01-108 in the amount of $22,954, for a project entitled: Residential Detoxification Services for Monroe County Men and Women II for the period of 10/01/2000 through 09/30/2001, in accordance with the statement of work contained in the subgrant application, and subject to the Florida Department of Law Enforcement's conditions of agreement and special conditions governing this subgrant. d n~ ~~ 2.ooQ (Date of Acceptance) ~ ( j) t:!-f:'; CL (Typed Name APPROVED AS~ B~N~FICI " c:><54.ItAN'h A.~UTTON DATE /~ ~ n ~ $:) t::;; :::; .h "'C"")- ;:;-'r--:.s:: 1....... '" ("') -" '.- <:;:)~ r..' :S.:;:; . ~-v"""""" '-t' ....... ~. ("')!2 ..,. ......::::r- ,..' .::.,' .r. ro, o. ~ & ~ ;!J ~ ~ ~ t:;, c::) ~ :'b $] ~ ~' ?E -., ~I ~. <:::> & State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: October 31, 2000 Grant Period: From: 10/01/2000 To: 09/30/2001 Project Title: Residential Detoxification Services for Monroe County Men and Women II Grant Number: 01-CJ-J1-11-54-01-108 Federal Funds: $22,954.00 BGMTF Funds: State Agency Match: Local Agency Match: $7,652.00 Total Project Cost: $30,606.00 Program Area: 13B Award is hereby made in the amount and for the period shown above of a grant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100.1D, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. SUBGRANT AWARD CERTIFICATE (CONTINUED) Additionally, the following special conditions apply to Section H of the contract: (1) The Office of Criminal Justice Grants, which administers the Byrne State and Local Law Enforcement Grant Program, was transferred from the Florida Department of Community Affairs to the Florida Department of Law Enforcement through action of the Florida Legislature in the 2000 General Appropriations Act (House Bill 2147), effective July 1, 2000. Therefore, the following revisions will apply to this grant: (a) All references to the Department of Community Affairs should be read as the Florida Department of Law Enforcement. (b) All references to the Bureau of Community Assistance should be read as the Office of Criminal Justice Grants. (c) Item 16.g, the mailing address for audit reports, should read: Florida Department of Law Enforcement Office of Inspector General Post Office Box 1489 Tallahassee, FL 32302-1489 (d) Item 23.b(1), should read: James T. "Tim" Moore, Commissioner (2) There is a clerical error in Section H, item 24, Equal Employment Opportunity. The reference to the Civil Rights Act of 1964 should be Title VI, not title IV. 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 ~he Department. iJ, tudd0 Author' ed Official Clay to H. Wilder Community Program Administrator /0-...$1- 0,) Date [X]This award is subject to special and/or standard conditions State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement SPECIAL CONDITION(S)/GENERAL COMMENT(S) Grantee (Name of SPA): Office of Criminal Justice Grants Grant Number: Ol-CJ-Jl-11-54-01-108 Grant Title: Residential Detoxification Services for Monroe County Men and Women II In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Condition (s): Prior to the drawdown of federal funds for Contractual Services, Monroe County's submitted boilerplate contract must be approved by FDLE. i:dward Byrne Memorial State and Local Assistance This section to be completed by the Subgrantee: Continuation of Previous Subgrant? 1(Yes 0 No If Yes, enter State Project ID # of Previous Subgrant This section to be completed by SCA: A. Names & Addresses 99-084 1. , SUNCOM # ~60 .3 'i71..'~/Cf~- 305 2Q.2 3577 2. Chief Financial Officer Name of Chief Financial Officer Danny Kolhage Title Monroe County Clerk of Court Address 500 Whitehead Street City, State, Zip Code Ke, West, FL 33040 Area Code/Phone # SUNCOM # I Area Code/Fax # 305-292-3550 I 305-292-3660 3. 305-292-4544 Area Code/Fax # -4. E-Mail Address Mcamts@mail.state.fI.us Area Code/Fax # 305-292-4515 Address Area Code/Fax # 305-289-6150 305-289-6158 Edward Byrne Memorial State and Local Assistance B. Administrative Data 1. Proiect Title (Not to exceed 84 characters, includina spaces) Residential detoxification services for Monroe County men and women II 2. Month October Se tember Da 1 30 Year 2000 2001 3. Is the Subgrantee or Implementing Agency a Member of a Local Criminal Justice Advisory Councilor Substance Abuse Policy Advisory Board, Coalition, or Council? (See the Program Announcement for a description of board responsibilities.) ~ Yes [J No C. Fiscal Data 1. If other than the Chief Financial Officer) Remit Warrant to: Deanna L10vd Public Service Buildina 5100 College Road Kev West, FL 33040 Note: If the subgrantee is participating in the State of Florida Comptroller's Office electronic transfer program, reimbursement cannot be remitted to any other entity. 2. Method of Payment: ~ Monthly [J Quarterly (It is mandatory that the method selected be consistent throughout the entire grant period.) 3. 4. SAMAS # (Enter if you are a state agency) I 5. Will the Project earn Project Generated Income (PGI)? 0 Yes .M No (See Section H., Paragraph 13 for a definition of PGI.) 6. Will the applicant be requesting an advance of federal funds? 0 Yes .~ No (If Yes, a letter of request must be attached.) D. PROGRAM DATA Problem Identification. The Guidance Clinic of the Middle Keys, Inc. (GCMK), has for the past 8 months under this grant been providing residential medical detoxification services for adults referred through the criminal justice system. Many persons who come in contact with the criminal justice system have substance use disorders that, if treated, could reduce or eliminate their continue involvement in criminal activity. A comprehensive review of inmate demographics in the Monroe County Detention Center revealed the following regarding the incarcerated population: 80-85 percent of the population were repeat offender; and over 95 percent either sold or used a controlled substance, committed a crime to support an addiction, came from a family where drugs and/or alcohol played a major role, were homeless and/or unemployed, or saw no way out of the "revolving door" The project had slow start but once the benefits of the services were known in the criminal justice community, referrals have been steady. Securing appropriate treatment is often a diversion from criminal prosecution and is sometimes included in the terms and conditions of an individual's probation. It is estimated that our objectives for the year will be met or exceeded. Most of the persons referred and served thus far are misdemeanants who voluntarily remain in treatment until detoxification is completed and some are motivated to go on to long-term substance abuse treatment. Program Description. 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 and the Chief Executive Officer is a licensed psychologist. Under this funding mechanism, GCMK will provide 168 bed days per year of residential detoxification for men and women. These 168 days provides 40 percent to the availability of the eighth detoxification bed that would otherwise be unfunded. It is expected that 24 (unduplicated) clients will be served based on an average length of stay of 7 days for clients. The residential detoxification unit is licensed by the FL State Department of Children and Families and is a Marchman Act receiving facility. Clients eligible for services under this grant are referred to GCMK through the criminal justice system; thus, these clients are themselves criminally involved. GCMK staff works with Department of Corrections, 16th Judicial Circuit, and other arms of the criminal justice system to secure referrals for detoxification services. Detoxification is provided on an inpatient unit for persons in acute withdrawal from alcohol and/or other drugs by a multidisciplinary team of psychiatrists, nurses, counselors, mental health techs, and a discharge planner. These services are co-located on the crisis stabilization unit. Pharmacotherapy and milieu-based approaches are used to achieve rapid medical stabilization and emotional equilibrium. Intensive discharge planning is expected to increase expected treatment outcome/success. Discharge planning begins at the time of admission. The discharge planner works with the client and the entire treatment team to design a behavioral plan that provides the best opportunity for continuing recovery. The plan could include participation in long-term, residential substance abuse treatment or intensive outpatient treatment in combination with support group attendance. It may include supportive housing assistance and any number of referrals to community services. When a patient enters the unit, the following interventions are immediately initiated by staff: greeting by a mental health tech who obtains a consent for treatment, takes vital signs, collects identifying information, orients client to the unit; nursing assessment conducted by an RN or LPN; history and physical examination conducted by physician within 24 hours of admission; medication and vitamins per physician order administered by nurse based on withdrawal signs and symptoms and types of drugs used. An initial treatment plan is established during the first 24 hours, followed by an individual treatment plan that is developed with the participation of each patient. A discharge planner is involved early in the patient's stay. The RN with the participation of the patient, discharge planner, and physician develops reasonable actions to be initiated upon discharge from the unit. The discharge plan may include continuing inpatient or outpatient substance abuse treatment. A typical day on the detoxification unit begins at 6:00 a.m. when patients are awakened and vital signs are taken. The rest of the day is as follows: beverage ~ breakfast at 7:30 a.m. ~ outside break ~ personal hygiene ~ goal setting group ~ outside break ~ snack/beverage ~ physical well being group ~ vital signs ~ lunch at noon ~ outside break ~ activities group or HIV group or AA meeting ~ snack/beverage ~ outside break ~ substance abuse group ~ vital signs ~ dinner at 5:00 p.m. ~ outside break ~ wrap-up group ~ personal hygiene ~ outside break ~ AA or NA group ~ snack/beverage ~ relaxation ~ lights-out at 11 :00 p.m. Edward Byrne Memorial State and Local Assistance D. Program Data (Continued) Activities Implementation Schedule. Complete the Activities 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 that are mandatory for all projects. Place an additional "X" to indicate ones applicable to your project. Delete the activity/action that does not apply to your project i.e., if your project does not earn PGI, delete that activity from this schedule. ACTIVITIES IMPLEMENTATION SCHEDULE Subgrant Period 10/01/00 - 09/30/01 (Beqinninq Date - Ending Date) ACTIVITY/ACTION Oet Nov Dee Jan Feb Mar Apr May Jun Jul Aug Sep Submit Monthly Claims X X X X X X X X X X X X (Financial Reimbursement Reauest) Submit Quarterly Claims (Financial Reimbursement Request) Submit Financial Closeout X Packaqe Submit Quarterly Program X X X X Reports Submit Quarterly PGI Reports Not Applicable (If applicable) Provide Detox Services X X X X X X X X X X X X Edward Byrne Memorial State and Local 1 aw En._lCement Assistance Formula Grant P''':lram E. Program Obiectives and Performance Measures Completa uniform program objectives and performance measures (found in ApDendix V) for the federally authorized program area you want to implement Your application is not complete without them and an incomplete application will not be considered for subgrant funding. If the program area you selected does not have uniform program objectives published in this document or if you cannot relate your objectives to those stated, contact Tom Bishop at 850/488-8016 for further instructions. DO NOT mix objectives from different Program Areas. Slatt below and use continuation pages as necessary. E. Performance Objectives & Measures: Guidance Clinic of the Middle Keys, Inc. 013 Offender Community Treatment - Local Identifier 013.01 Provide treatment services through various treatment modalities to 24 individuals. 013.02 Provide an array of treatment services. 013.03 Assist 24 clients to successfully complete their treatment plans. C,"'Mml!tA~~ , S.etlOn 1/. Peae 5 of 16 F ''''m Byrne Memorial State IInd Local. w Enforcement Assistance Formula Grant Program. F. Proiect Budoet Narrative You must describe line Item. for each applicable Budget Category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. In addition, describe specific aou~ of matching funds. Start below and use continuation pages as necessary, F. PROJECT BUDGET NARRATIVE Residential Detoxification Services for Monroe County Men and Women Cost per Bed Day is calculated using the overall operating costs of the 8 beds in the Facility divided by the number of calendar days as follows: Total Operating Costs Cost Per Bed Day $531,797.00 $ 182.12 ($531,797/8 beds/365 days) $ 22,954.00 $ 7.652.00 $ 30,606.00 Grant Request (Byrne Funds) Local Match (County Funds) Total Grant Program Costs Grant Funds provide 168 bed days calculated at $182.12 per day. ($30,606.00 divided by 1 bed @ $182.12 per day.) Local Match provided by the Monroe County General Revenue Funds. A bed day is defined as shelter and case management for (1) 24-hour period. It includes detoxification services as outlined in program narrative. All goods and services will be done in accordance with Monroe County Purchasing Policies and Procedures. All bed days charged to the grant will be for clients involved with the criminal justice system. E .rd Byrne Memorial State and Local J. ., Enforcement Assistance Formula Grant Program G. Project Budget Schedule The Project Budget Schedule includes six Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Data Processing Services, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. Type or Print Dollar Amounta Only In Applicable Categories and Leave Other. Blank. Budget Category Federal Match Total - Salaries And Benefits Contrlictual SeMC8S 22,954.00 7,652.00 30,606.00 &pen.. Opel'8ting Capital Outlay Data Processing Indirect Costs Totals 22,954.00 7,652.00 30,606.00 SU..nt AppIcaliott Section II. Page 7 of 16 E( ra dyme Memorial State and Local La Enforcement Assistance Formula Grant Program H. AcceDtance and Aareement All persons involved in or having administrative responsibility for the subgrant must read these "Acceptance and Agreemenf' conditions. This "AcceDtance and Aareement" (Section Hi must be returned as Dart of the comDleted aDDlication. Note Condition No. 12: Only project costs incurred on or after the effective date of this agreement and on or prior to the termination date of a recipient's project are eligible for reimbursement. Conditions of Agreement. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Non-compliance will result in project costs being disallowed. The term "department", unless otherwise stated, refers to the Department of Community Affairs. The term "Bureau", unless otherwise stated, refers to the Bureau of Community Assi$tance. The term "subgrant recipienf' refers to the governing body of a city or a county or an Indian Tribe which performs criminal justice functions as determined by the U.S. Secretary of the Interior, and includes an "implementing agency" which is a subordinate agency of a city, county or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). 1. Reports a. Project Performance Reports: The recipient shall submit department Quarterly Project Performance Reports to the Bureau by February 1, May 1, August 1, and 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. b. Financial Reports: The recipient shall have a choice of submitting either Monthly or Quarterly Rnancial Claim Reports [DCA-CJ Form-3(A-G) to the bureau. Monthly Reimbursement Claims (1-11) are due thlrty~ne (31) days after the end of the reporting period. Quarterly Reimbursement Claims (1-3) are due thlrty-one (31) days after the end of the reporting period. A final Rnancial Claim Report and a Criminal Justice Contract (Rnancial) Closeout Package shall be submitted to the bureau within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". Before the "final" claim will be processed, the recipient must submit to the department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. The recipient shall submit department Quarterlv Project Generated Income Reports to the bureau 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 Paragraph 14. Program Income.) . c. other Reports: The recipient shall submit other reports as may be reasonably required by the bureau. All required reports, instructions, and forms shall be distributed with the subgrant award. 2. Fiscal Control and Fund Accounting Procedures The recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the bureau. Subgrant AppIealion BCA-q Form I Section 11- Page 10 of 16 Ec rd dyme Memorial State and Local La Enforcement Assistance Formula Grant Program All expenditures and cost accounting of funds shall conform to Office of Justice Programs Rnancial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-110, in their entirety). All funds not spent according to this agreement shall be subject to repayment by the recipient. 3. Approval of Consultant Contracts The department shall review and approve in writing all consultant contracts prior to employment of a consultant Approval shall be based upon the contract's compliance with requirements found in the Office of Justice Programs Rnancial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The department's approval of the recipient agreement does not constitute approval of consultant contracts. 4. Allowable Costs Allowance for costs incurred under the subgrant shall be determined according to "General Principles of AJlowability and Standards for Selected Cost Items" set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular No. A-87, "Cost Principles for State and Local Governments", or OMB Circular No. A-21, "Cost Principles for Educational Institutions". All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or Attachment "0" of OMB Circular No. A-110 and Florida law to be eligible for reimbursement. 5. Travel All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the department prior to commencement of actual travel. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Ronda Statutes. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 6. Written Approval of Changes in this Approved Agreement Recipients shall obtain approval from the department for major changes. These include, but are not limited to: a. Changes in project activities, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget line item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the department. d. Under no circumstances can transfers of funds increase the total budgeted award. Transfers do not allow for increasing the quantitative number of items documented in any approved budget line item. (For example, equipment items in Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category.) 7. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to available federal Anti-Drug Abuse Act funds. SubgfBnt Applestion BCA-q Form I Section 11- Psge 11 of 16 Ec rd dyme Memorial State and Local La Enforcement Assistance Formula Grant Program 8. Advance Funding Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 216.181(15)(b), Florida Statutes (1991); the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a recipient upon a written request to the department justifying the need for such funds. This request, including the justification, shall be enclosed with the subgrant application. 9. Commencement of Project If a project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the bureau indicating steps to initiate the project, reason for delay and request a revised project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient shall send another letter to the bureau, again explaining the reason for delay and request another revised project starting date. Upon receipt of the ninety (90) day letter, the department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and 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. 10. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 11. Excusable Delays Except with respect to defaults of consultants, the recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of recipient and consultant, and without fault or negligence of either of them, the recipient shall not be deemed in default, unless: a. Supplies or services to be furnished by the consultant were obtainable from other sources, b. The department ordered the recipient in writing to procure such supplies or services from other sources, and . c. The recipient failed to reasonably comply with such order. Upon request of the recipient, the department shall ascertain the facts and the extent of such failure, and if the department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. SubgrentApplcation 8CA.-q Form I Section 11- Page 12 of 16 Ed ." dyme Memorial State and Local Lav Enforcement Assistance Formula Grant Program 12. Obligation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the grant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the recipient's project are eligible for reimbursement. A cost is incurred when the recipienfs employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. 13. Program Income (also known as Project Generated Income) Program income means the gross income eamed by the recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Government. Reference: The Cash Management Improvement Act of 1990). 14. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the recipient's consultants and suppliers, or both, the department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination or suspension of the agreement in whole or in part. In such event, the department shall notify the recipient of its decision thirty (30) days in advance of the effective date of such sanction. The recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 15. Access To Records The Department of Community Affairs; the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance; and, the Auditor General of the State of Florida, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, implementing agency and contractors for the purpose of audit and examination according to the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Government. The department reserves the right to unilaterally terminate this agreement if the recipient, implementing agency or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the recipient or its contractor in conjunction with this agreement. 16. Audit a. 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 OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified with the subject audit in The Schedule of Federal Financial Assistance. The contract shall be identified as federal funds passed-through the Florida Department of Community Affairs and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the recipient shall submit an annual financial audit which meets the requirements of Sections 11.45 and 216.349, Florida Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than 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 recipient. c. The recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. Subgrant Appleetion BCA-q Form I Section 11- Pege 13 of 16 Ed '0 .Jyme Memorial State and Local Lav Enforcement Assistance Formula Grant Program e. The recipient shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the department. f. If this agreement is closed out without an audit, the department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. g. The completed audit reports should be sent to the following address: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Sadowski Building Tallahassee, Florida 32399-2100 17. Procedures for Claim Reimbursement All claims for reimbursement of recipient costs shall be submitted on the DCA-CJ Form 3(A-G), prescribed and provided by the bureau. A recipient shall submit either monthly or quarterly claims in order to report current project costs. All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. 18. Retention of Records The recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 19. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is govemed by the terms of the Office of Justice Programs Rnancial Guide, U. S. Department of Justice Common Rule for State and Local Government) or the federal OMB Circular A-11 0, Attachment N, Paragraph 8. 20. Property Accountability The recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Rnancial Guide, U.S. Department of Justice Common Rule for State and Local Government) or the federal OMB Circular A-110, Attachment N. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 21. Disputes and Appeals The department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the department's decision. If the recipient appeals the department's decision, it also shall be made in writing within twenty-one (21) calendar days to the department's clerk (agency clerk). The recipient's right to appeal the department's decision is contained in Chapter 120, Ronda Statutes, and in procedures set forth in Rule 2er106.104. Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Ronda Statutes. Subgrant Application BCA-q Form / Section 11- Page 14 of 16 Ed '0 dyme Memorial State and Local La, Enforcement Assistance Formula Grant Program 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 bureau, of the U.S. Department of Justice Bureau of Justice Assistance or both have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Publication or Printing of Reports a. Before publication or printing, a final draft of any report required under or pertaining to this agreement shall be sent to the department for its review and comment. b. Publications or printed reports covered under a. above shall include the following statements on the cover page: (1) "This report was prepared for the Florida Department of Community Affairs, Steven M. Seibert, Secretary, in cooperation with the U.S. Department of Justice, Bureau of Justice Assistance." The next printed line shall identify the month and year the report was published. (2) "This program was supported by grant # awarded to the Department of Community Affairs, State of Florida, and by the Bureau of Justice Assistance (BJA), Office of Justice Programs (OJP), U.S. Department of Justice. The BJA is a component of OJP which also includes the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime." (3) 'Points of view, opinions, and conclusions expressed in this report are those of the recipient and do not necessarily represent the official position or policies of the State of Florida Department of Community Affairs, the U.S. Department of Justice, Office of Justice Programs, or any other agency of the state or federal government. 24. Equal Employment Opportunity (EEO) No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Public Law 89-564, Non-Discrimination Requirements of the Anti-Drug Abuse Act of 1988; Title IV of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973 as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. The recipient and a criminal justice agency that is the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968 as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submis.ion of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 CompUance Information). Any state agency, county or city receMng $500,000 or more in federal Anti-Drug Abuse Act funds shall submit its equal employment opportunity plan, and/or the most recent update, with its application, for submittal to the U.S. Department of Justice, Bureau of Justice Assistance for approval. 25. Americans with Disabilities Act 1990 Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). Subgrant AppIcetion BCA-q Form / Section 1/- Pege 15 of 16 Ed '0 dyme Memorial State and Local La, Enforcement Assistance Formula Grant Program 26. Criminal Intelligence System The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Poicies is to assure that recipients of federal funds for the orincioal ouroose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended (Pub. L 90-351, as amended by Pub. L. 93-83, Pub. L. 93-415, Pub. L. 94-430, Pub. L. 94-503, Pub. L. 95- 115, and Pub. L. 96-157), use those funds in conformance with the privacy and constitutional rights of individuals. The recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968 as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering Into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The recipient is responsible for the continued adherence to the regulation goveming the operation of the system or faces the loss of federal funds. The department's approval of the recipient agreement does not constitute approval of the subgrant funded development or operation of a criminal intelligence system. 27. Non-Procurement, Debarment and Suspension The recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the department. 28. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 29. Federal Restrictions on Lobbying The recipient agrees to comply with Section 319 of Public Law 101-121 set forth in "New Restrictions on Lobbying; Interim Rnal Rule, " pubHshed in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352. Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: a. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. Su.ntApplication BCA-q Form I Saction /I - Page 16 of 16 Edt a r:syme Memorial State and Local Lav Enforcement Assistance Formula Grant Program b. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbvinc Activities, according to its instructions. c. The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 30. State Restrictions on Lobbying In addition to the provisions contained in Paragraph 30 of Section H, Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 31. Statement of Federal Funding Percentage and Dollar Amount When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole or in part with federal funds, all grantees and recipients receiving these federal funds, including but not limited to state and local governments, shall clearly state: a. The percentage of the total cost of the program or project that shall be financed with federal funds, and b. The dollar amount of federal funds to be expended on the project or program. 32. Background Check It is strongly recommended that background checks be conducted on all personnel providing direct services. to juveniles. 33. 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. 34. 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 accessed on the Office of Justice Programs World Wide Web Homepage: http://www.Qjp.usdqj.iob. b. To ensure more effective management and evaluation of drug court programs, the recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on program participants criminal recidivism and drug use relapse. The data collected will be assessed during BJA field monitoring trips. 35. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the US 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. Subgrent Applcafion BCA-q Form I Secfion 11- Page 17 of 16 OMB/Grants 169 RESOLUTION NO. - 2000 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FY 00/01 ANTI-DRUG ABUSE GRANT PROGRAM WHEREAS, the Department of Community Affairs has announced the FYOOIO I funding..:.- cycle of the Anti-Drug Abuse Act Formula Grant Program; and WHEREAS, on April 19,2000, the Monroe County Board of Commission~ a~ed~ serve as the coordinating unit of government in the preparation of the grant propo~ ~ iI@e i!d distribution of funds allocated to Monroe County in the amount of $230,028 with ~ca#! a match requirement; and . g~:-.!!.-" c:S~ (:) WHEREAS, the Monroe CoUnty Substance Abuse Policy Advisory Boar~fif cciiie~ given to the County's current drug control efforts, has recommended certain pro~ecs.i!e .~ funding to provide the community with activities focused on drug and alcohol ed~atRm.,. _, ~ prevention, rehabilitation, and treatment; now therefore, Q Q BE IT RESOL YED 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 FYOO/01 grant funds to the Department of Community Affairs 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 17th day of May, A.D., 2000. Mayor Shirley Freeman Mayor ProTem George Neugent Commissioner Harvey Commissioner Williams Commissioner Reich yes yea ~"A~ erk yes yes Monroe County Board of Commissioners BY:cS~::(~ APPROVED AS TO FORM AN LEGAL SUFFIC O.c.. Certification of Compliance With Equal Employment Opportunity (EEO) Program Requirements -- Subgrantee 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): ~ Meets Act Criteria D 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): [gJ Has a current EEO Plan D 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 federal funds. Signature of Authorized Official: Name: James L. Roberts Title: County Administrator Date: ~/7/co OK~~ErY ~O~~~04~E (305) 294-4641 James L. Roberts County Administrator Public Service Building 5100 College Road Key West, FL 33040 June 6, 2000 Clayton H. Wilder DCA - Community Assistance Criminal Justice Programs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (~."..-...-.- BOARD OF COUNTY COMMISSIONERS Mayor Jack London, District 2 Major ProTem Wilhelmina Harvey. District I Shirley Freeman, District 3 Mary Kay Reich, District 5 Keith Douglass, District 4 Re: Signature Authority - FYOOI01 Monroe County Anti-Drug Abuse Grant Program Dear Mr. Wilder, May this letter serve as authorization for Sheila A. Barker to have signature authority in order to conduct business in relation to the grant program and its implementation. If any additional information or documentation is required, please contact 305.292.4482. Thank you. :in1~ James L. Roberts County Administrator ~La od~ I. Sionature Page In witness whereof, the parties affirm they each have read and agree to conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including strike-overs, whiteout, etc., are not acceptable. State of Florida Department of Community Affairs Bureau of Community Assistance By: ~-t.- -FI ~ Type Name and Title: Clayton H. Wilder. Community Prooram Administrator Date: 10 '31- (} ,) Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) ~ ~L-~Q~ By: Type Name and Title: James L. Roberts. Monroe County Administrator &(,/CO Date: FEID Number: 596000749 By: Implementing Agency Official, Administrator or Designated Representative -::/~~ Type Name and Title: James L. Roberts. Monroe County Administrator ro[l/OO Date: