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HomeMy WebLinkAboutResolution 459-1993 GRANTS MANAGEMENT RESOLUTION NO. 459 - 1993 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF THE DEPARTMENT OF COMMUNITY AFFAIRS FY94 ANTI-DRUG ABUSE GRANT AGREEMENT FOR THE KEY WEST POLICE DEPARTMENT DRUG ABUSE RESISTANCE EDUCATION PROGRAM WHEREAS, by Resolution No. 222-1993, the Monroe County Board of Commissioners authorized the submission of a grant application to the Department of Community Affairs to request funding for five agencies that provide anti-drug abuse programs in Monroe County; and WHEREAS, the Department of Community Affairs has transmitted the Key West Police Department D.A.R.E. Grant Agreement for execution by Monroe County; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: 1. The Mayor of the Board of County Commissioners is hereby authorized to execute the FY94 Anti-Drug Abuse Program Key West Police Department D.A.R.E. Grant Agreement which will provide $30,363.00 in funding to Monroe County with a 25% match requirement; and that 2. This Resolution shall become effective immediately upon adoption by the Commission 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 10th day of November, A.D. 1993. ...,. ~ "" BOARD OF MO (Seal) Do~ 1\ ~ . By: Attest: C.~ ~ Clerk /' Cheal Harvey Freeman Reich o z y~ :-Q"J;.-;'" ~"",ent ~ " ::yes <:::: .=c ;' yes ~ ::<yes rT1 CJ Mayor London Mayor ProTem Commissioner Commissioner Commissioner N '0 By r.'O . \ state of Florida Department of Community Affairs Division of Housing and Community Development Bureau of Community Assistance The Rhyne Building 2740 Centerview Drive Tallahassee, Florida 32399 Lawton Chiles Governor Linda Loomis Shelley Secretary SUB GRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: JICT G 4 is,, Grant Period: From: 10/01/93 To: 09/30/94 Project Title: The Key West Police Department Drug Abuse Resistence Education Program/SRO Grant Number: 94-CJ-1Z-11-54-01-131 Federal Funds: $30,363.00 BGMTF Funds: State Agency Match: Local Agency Match: $10,121.00 Total Project Cost: $40,484.00 Program Area: 001 Award is hereby made in the amount and for the period shown above of a grant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100.690, to the above mentioned subgrantee and subject to any attached standard or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100.10, 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 br the State or Federal Government consistent with the purposes and authorizatlon of P.L. 90-351, as amended, and P.L. 100.690. / ( .j 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. \~. kUQ~ Author zed Official clayton H. Wilder community Program Administrator Bureau of community Assistance /0 -cJ~CU Date (X]This award is subject to special and/or standard conditions (attached). BPSM Revised 7-1-79 state of Florida Department of community Affairs Division of Housing and community Development Bureau of community Assistance The Rhyne Building 2740 Centerview Drive Tallahassee, Florida 32399 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 94-CJ-1Z-11-54-01-131 in the amount of $30,363, for a project entitled: The Key west police Department Drug Abuse Resistence Education Program/SRO for the period of 10/01/93 through 09/30/94, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of aqreement and special conditions governing this subgrant. (Signature of Authorized Official) (Date of Acceptance) (Typed Name and Title of Official) DCA-CJ Form 1 (June, 1985) Attest: Danny L. Ko1hage By Deputy Clerk ~ \. ') , , . .... JUH 1 4 13~ Sub St.t~ 01 Florida Department or Community Alrain' . lJureau Of PlJ!>lic Safety Management .d d hcation for t'ederal Anti-Dru Abuse Act Funds I DCA Contract Number: 94-CJ-1Z-11-~:-U:t-~~.L UNIQUE ID NO. 93-131 A U A. Names & Addresses 1. Continuation of Previous Subgrant? (Check One) Yes No x. 2. Prel.ious Subgrant. State Project ID Number (lfYa In 1. Above). I - c:::J 1 93 I - I CJ I - t I - l I - I I - I ,. 3. _ .Subgrant Recipient. Monroe County Board of Commissioners Chief Elected Omcial: Jack :t.ondon Title: Chai~n, Monroe County Board of Commissioner~ The Alamo Office Building Address: Summer land Key, FL - .- Zip Code: 33042 Area Code And Telephone Number Area Code And Fax Phone Number --' . :~ \. If:':. (305 ) 745tlSS4- (305 ) 2921 4401 ~ /' " /At,' ( ~ 4. Chief Financial Officer. ~ f Chief Financial Officer: Danny Ko1hage Title. Clerk, Monroe County · 500 Whitehead St Address: _Key West, FL 33040 Zip Code: Area Code And Telephone Number Area Code And Fax Phone Number (305 ) 294/4641 (305 ) 296/1864 5. Implementing Agency. (Govemment Agency Responsible for Project) Chief Eucutin Officer: E. R. Peterson Title: Chief of police, City of Key West Address: P. O. Box 1409 Key West, FL Zip Code: 33041 Area Code and Telephone Number Area Code and Fal Phone Number (305) 292 I 8140 (305 )292/8163 " ~ r . , ) ". 6. Project Director. (Employee of Governmental Implementing Agency) Name: 1-1rs. Kathryn A. Daniels Title: Police Officer - School Resource Officer Address: P.O. Box 1409 Key West. FL. Zip Code: 33041 Area Code and Telephone Number Area Code and Fax Phone Number (305 ) 292 I 8280 (305 )292 I 8163 B. Administrative Data 7. Project Title. /- 8. For Period. Period Month Day Year Beginning . - nl 100':\ Ending SePtember 30 1994 . .~' \'. ,.,.~ '.... /' /~ - 9. h the Subgrantee or the Implementing Agency a Member of a Local Criminal Justice Advisory Council Dr Substance Abuse Policy Advisory Board, Coalition, or Council! (See tire Program Alflfoulfumelft /01' a descriptiolf 0/ board respolfs;bilities.) (Check One) Yes-L- No_ C. Fiscal Data 10. (If otlrer tlralf a Chief Financial Omcer) Remit \\'arrant to: Grants Management Department, Monroe County 11. Vend,or ## (Enter Federal Emplo)'er Identification Number): 59-6000749 12. SAMAS ## (Enter if you are a statt agency): .' ':\ ,. 13. Award. Budget Category Federal Match Total Salaries and Benefits $30363.00 $10121. 00 $40484.00 Contractual Services . Expenses Operating Capital Outlay Data Processing Indirect Costs . . - . , Totals . $30363.00 $10121. 00 $40484.00 " ,- 'I.. ..c-_ ---' 1... Will the Project Accrue Project Generated Income! (See Section H J 4. for II definition of "Program Income") ...~ ~.:) { . s.. (Check One) Ya .No X .. ~ -. , ....\ D. Program Data Problem Identification, In a maximum 0 two (2) typed paragraphs, briefly describe a specific problem to be addressed with subgrant funds. If you are seeking funds to continue existing project activities, describe any gaps between current and desired project results. Proposed Solution. In a maximum of two (2) typed pages, briefly describe how project activities will address the targeted problem. Describe who will do what, when. where and how. Start below and use continuation Q e.s as necess D.l PROBLEM IDENTIFICATION The City of Key West. Florida currently has seven elementary schools within the city limits. The Drug Abuse Resistance Education Program CD.A.R.E.) is currently being instruc:ted at each of these schools: however. only three of the seven schools receive the complete curriculwn. The D.A.R.E. program has statistically proven to be a success in the reduction of drug use among adolescents across the United States. The D.A.R.E program encompasses not only information on the haZal"ds of drug abuse but also lessons on alternatives to drug use, building proper support systems, building self esteem, and conflict resolution. Placing police officers in the school system to t~ach this curriculum has proven to be ver)' successful in. imprOVing citizen _, attitudes toward law enforcement officers. With this in mind it is the~ goal of the Key West Police Department to contribute to the reduction ~~ ' drug use in our community by implementing the D. A. R. E program in its entirety in every elementary school in the city limits of Key Wes~, Florida. /- "; ~'. ,,'1. . The City of Key West has 2329 students grade k-5 through 5th grade. Currently only 987 students are receiving the complete curriculum. The elementary school component of this program is a necessary first step in the D.A.R.E. trilogy which includes a middle school and high school component. The complete D.A.R.E program is not being instructed due to the lack of Police D.A.R.E instructors. The Key West Police Department requests the proposed federaI Anti-drug Abuse Act Funds to offer the Drug Abuse Resistance Education prograa to all elementary school students in the City of Key West, Florida. - ,. , D.2 PROPOSED SOLUTION In order to insure that all elementary students wi thin the city limits of Key West receive the D..-\.R.E curriculum we are requesting funds to employ two new certified police officers to instruct the D.A,R.E curriculum. The ne~ D.A.R.E officers will instruct the complete D,A.R.E currL::ulum at all seven element a!.:)" schools during the 1993-1994 schuol year on a full-time basis. Each D.A.R.E officer will be placed in one of the seven elementary schools as a school resource officer; however. will instruct D.A.R.E classes across the city in order to insure complete student coverage. In addition to salaries to employ the new police positions we are requesting federal funds to send the ne" officers to the two ,.,-eek D.A.R.E training school. All materials needed to initiate the program (ie; student workbooks. certificates, student T- shi rts. and miscellaneous supplies) will be paid for by the police department or other local businesses and not part of the grant package. }, The D.A.R.E. program is a statistically proven success in reducing drug use among adolescents. As Key West is unique it lacks some of the basic young adult attractions such as bowling alleys, skating rinks. malls, and etc. Drug use is an easy alternative for our youth and it is imperative that we begin the drug education process at the onset of traditionalize education. This drug program is a cooperative effort between the Monroe County Sheriff' s Office and the Key West Police Department. The Sheriff's office currently is implementing the D.A.R.E ~ program in other schools within the county jurisdiction and has plans t~ {/ move D. A. R. E into the middle schools. Drug abuse has been proven t({.1 ( have a direct link to crime and violence. As the county and eit)' work together to educate our youth from kindergarten through high school our community and society as a whole will reap the benefits of a decreased crime rate. ./. . ':-,. _"?-~ .. '- :.. E. Program Objectives and Performance Measures Complete uniform program objectives and performance measures (found in Appendix XV) fOl" the federally authorized program area you want to implement. Your application is not complete without them and an incomplete application will not be considered for subgrant funding. Start below and use continuation pages as necessary. Program Objective 1. ~ To assign 1 law enforcement officers to teach drug abuse resistance education (DARE). Program Objective 1.2: teachers. To provide 1 in-service orientations to Program Objective 1.3: To provide 1 parent education meetings. Program Objective 1.4: To provide 1 community presentations. Program Objective 1.5: To provide DARE visitation instruction in 3 schools to kindergarten through 4th grade classes. ./. Program Objective 1.6: To provide DARE visitation instruction in 36 kindergarten through 4th grade classes. 'I."'~. Proal''' Objective 1.7: To provide 156 hours of instruction to kindergarten through 4th grade classes. DARE /# ( visitation ;. Proal''' Objective 1. 8: To provide Dare visitation instruction to 901 kindergarten through 4th grade students who completed the course of instruction. J. Progr.. Objective 1.9: To prOVide DARE exit grade core curriculum instruction in 2 schools to 5th grade classes. Progr.. Objective 1.10: To provide DARE~ exit grade core curriculum instruction in 45th grade classes. Program Objective 1.11: To prOVide 68 hours of DARE exit grade ~ore curriculum instruction to 5th grade classes. Program Objective 1.12: To provide DARE exit grade core curriculum instruction to 100' 5th grade students who completed the course of instruction. - t I . \ ~. '< '. F. Project Budget Schedule The Project Budget Schedule includes six Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Data Processing Services, Indirect Costs) and Total Project Costs, licable Cafe ories and uQve Others Blank. Budget Category Federal Match Total Salaries And Benefits $30363.00 $10121. 00 $40484.00 Contractual Services Expenses . r- Operatang CapitaJ . Outlay Data Processing -, ~ lndirect Costs Totals $30363.00 $10121. 00 $40484.00 .F '--'" ./. .. :... -t,:. ~.,. ." f ( .. I u. Project Bur- . Narrative You must describe line items for each applicable Budget Category that you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. In addition describe sources of matching funds. Start below and use continuation pages as necessary All matching funds for this subgrant will be provided by the City of Key West. Florida. The City has allocated the matching funds from the Key West Police Department's Forfeiture Fund Account. The salaries and benefits listed below supported by this subgrant will result in an net increase of 1 new police officer position to the current appropriated positions of the Key West Police Department. Salary and Benefits: Officer 1 Base FICA Retirement Health Ins Clothing allowance $30589.00 $02340.06 $03364.79 $03719.04 $00471.11 ./ Total: $40484.00 . "; ..~. ,~(.;- Grand Total Salary and Benefits for 1 Officer: $40484.00 ~.;," ! . t (.J /, . , t ------- , H. Acceptance and Agreement All persons mvolved in or having administrative responsibility for the subgrant must read tbese "Acceptance and Agreement" conditions. This "Acceptance and Agreement" (Section H) must be returned as part oftbe completed application. Note Condition No. 13: Only project costs incurred on or after the effective date oftbis agreement and on or prior to the termination date of a recipient's project are eligible for reimbunement. 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", unfess otherwise stated, refers to the Bureau of Public Safety Management. The term subgrant "recipient" refers to the governing body of a city or a county or an Indian Tribe which performs cnminal 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 eJected official (for example. Sheriff or Clerk of the Court). '. . 1. t , .. .. B. ./ Reports > ~ ..-r;';.. A. Project Perfo!'"1ance Reports: ..,q.- , The recipient shall submit department Quarterly Project Performance RePtirs to the bureau by February 1. May 1. August I, and November 1 covering subgrant activities during the previous quarter. The recipient shall submit an Annual Project Performance Report. for each twelve (12) month period of project activities. This report shall be submitted to the bureau within thirty (30) days after the end of the original twelve (12) month period, The last quarterly report shall be submitted with the annual report. In addition., if the subgrant award period is extended beyond twelve (12) months, additional Quarterly Project Performance Reports shall be submitted as well as a Final Project Performance Report. The latter report shall cover the entire time frame of project activities and is due within thirty (30) days after the end of the extended period, Financial Reports: The recipient shall submit Monthly Financial Claim Reports[DCA-NA 3 (A-G. Revised January 1991)] to the bureau. A final Financial Claim Reporr and a Criminal Justice Contract (Financial) Close-Out Package shall be submitted to the bureau within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". .. , ~ . . Before the "final" claim will be processed. the recipient must submit to the department all ou!standin.~ project p'erfonnance reports and must have .~tisfied any pending special conditions. Failure to comply With the above prOVISions shall result in forfeiture of reimbursement. The recipient shall submit department Quarterly Project Generated Income Reports to the bureau by February ]. May]. August ]. and November] covering subgrant generated income and expenditures during the previous quarter. (See ]4, Program Income). C. Oth~r Reports: The recipient shall submit other reports as may be reasonably required by the bureau. All required reports. instructions, and fonns shall be distributed with the sub grant award. . 2. Fiscal Control and Fund Accounting Procedures The recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal --' expenditures. All funds spent on this project shall be disbursed according to provisions of ~- the project budget as approved by the bureau. ~. All expenditures and cost accounting offunds shall confonn to Office of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100.ID, U.S. Department of Justice Common Rule for State and Local Governments). and in federal ,1"' Office of Management and Budget's Circulars A-21, A-87, and A-lID. in their entiret>1.J ( All funds not spent according to this agreement shall be subject to repayment by the recipient. . :~~. l.~~'. ,; f 3. Compliance with "Consultant's Competitive Negotiation Act" The recipient, when applicable. agrees to satisfy all requirements provided in Section 287.055, Florida Statutes. known as the "Consultant's Competitive Negotiation Act". . 4. Approval or 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' Financial and Administrative Guid,' for Grants (Guideline Manual 7100.ID, V.s. Department of Justice's Common Rule for State and Local Govemments). and in applicable state statutes. The department's ' approval of the recipient agreement does not constitute approval of consultant contracts. 1; , , , 5. Allowable Costs Allowance for costs incurred under the sub grant shan be detennined according to "General Principles of Allowability and Standards for Selected Cost Items" set forth in the Office of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100. ID, U.S. Department of Justice's Common Rule for State And Local Governments) and federal Office of Management and Budget's (OMB) Circular No. A-87, "Cost Principles for State and Local Governments", or OMB's Circular No. A-2J, "Cost Principles for Educational Institutions". All procedures employed in the use offederal funds to procure services, supplies or eqUIpment, shall be according to U.S. Department of Justice's Common Rule for State and Local Governments, or Attachment "0" of OMB's Circular No. A-lID and Florida Law to be eligible for reimbursement. 6. Travel All travel reimbursement for out-of-state or out-of-grant specified-work-area shall be based upon written approval of the department prior to commencement of actual travel. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section JJ2.061, Florida Statutes. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. /: . :-\-. ..#-.. ..'f'" 7. Written Approval of Changes in this Approved Agreement Recipients shall obtain approval from the department for major changes, These include, but are not limited to: /j' ( / .. A, Changes in project activities, designs or research plans set forth in this approved agreement; B. Budget deviations that do not meet the fonowing criterion. That-is, a recipient may transfer funds between budget categ~ries as long as the total amount of transfer (increase or decrease) does not exceed ten (10) percent of the total ~pproved budget category and the transfer is made to an approved budget line Item; or, C, Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the department. D. Under no circumstances can transfen of funds incrust the total budgeted award. Transfers do not allow for increasing the quantitative number ofitems documented in any approved budget line item. (For example, equipment items in Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category,) " 8. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to available federal Anti-Drilg Abuse Act funds, 9. Advance Funding Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 2J6,J8J(12)(B). Florida Statutes (1991); the Office of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7 JOO.JD, U.S. Department of Justice's Common Rulefor 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 tfle subgrant application. ~ 10. Commencement Of Project Ifa project has not begun within sixty (60) days after acceptance of the subgrant award, the recipient shall send a letter to the bureau indicating steps to initiate the project, reasons, for delay and request an expected project starting date, . Ifa project has not begun within nine'ty (90) days after acceptance of the subgrant award,. . the recipient shall send another letter to the bureau, again explaining reasons for delay and request another revised project starting date,' _~ Upon receipt of the ninety (90) day letter, the department shall determine irthe reason#~r' delay is justified or shall, at its discretion, unilateraJlyterminate this agreement and reobligate subgrant fi.Jnds 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. ./ . '." l,:.,.,~' ~ I J, 11. Extension of a Contract for Contractual Services Extension of a contract for contractual services between ,the recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and IS subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor, .' 12. Excusable Delays Except with respect to defaults of consultants, the recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the recipient to make progress in the execution of work hereunder which endangers such performance) ifsuch 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, an~ if the department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly, 13. Obligation of Recipient Funds Recipient funds shan 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 (or reimbunement. A cost is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, notwithstanding the date of order. 14. 15. './. . , .,' \~~. Program Income (also kno,,'n as Project Generated Income) ~.", '/ --;~) { Program income means the gross income earned by the recipient during the subgrant ~, period, as a direct result of the subgrant award. Program income shaJJ be handled accordina to the Office of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100.1D. V,S. Department of Justice's Common Rulefor State and Local Government. Reference: The Cash Management Improvement Act of 1990). Performance Of Agreement Provisions In the event of default, non-compliance or violation of any provision oftms 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 ofils decision thirty (30) days in advance of the effective date of such sanction. The recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. .. 16. Access To Records The Department of Community Affairs~ the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance~ and, the Auditor General of the State ofFJorida., the V,S. Comptroller GeneraJor any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, implementing agency and contractors for the purpose of audit and examination according to the Office of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7100.1 D. U.S. Department of Justice's Common Rule for State and Local Government), The department reserves the right to unilaterally terminate this agreement if the recipient, implementing agency or contractor refuses to allow public access to aU documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the recipient or its contractor in conjunction With this agreement. 17. Audit i t B. The recipient shaU provide to the department one copy of an annual audit conducted in compliance with The Single Audit Act of 1984, P.L 98-502. The audit shan be perfonned in accordance with the federal Office of Management and Budget's Circular A-128 and other applicable federal law. The contract for this agreement shan 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'lMuaJ financial audit... which meets the requirements of Sections 11.45 and 216.349, Florida Statutes;. ' and, Chapters JO.550 and JO.600, Rules of the Florida Auditor General. .oJ ( A complete audit report which covers any portion of the effective dates of this . agreement must be submitted within 30 days after its completion, but no later than seven months after the audit period, In order to be complete. the submitted report shaD 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 win be returned to the recipient. C, The recipient shall have all audits completed by an independent public accountant (IP A). The IP A shall be either a Certified Public Accountant or a Licensed Public Accountant. ~- ". ~,...- A. ~ D, The recipient shan take appropriate corrective action within six months of the issue date of the audit report in instances of noncompliance with federal laws and regulations, ' E. The recipient shan ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the department. F. 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 close- out. " . . G, The completed audit reports should be sent to the following address: Department of Community AfTain Office of Audit Senrices 2740 Centenriew Drive The Rhyne Building Tallahassee. Florida 32399-2100 18. Procedures for Claim Reimbursement All claims for reimbursement of recipient costs shall be submitted on DCA NA Form 3 (A-G. Revised 1991) prescribed and provided by the bureau. A recipient shall submit claims monthly in order to report current project costs, All claims requesting reimbursement for Operating Capital Outlay (OCO) items having a unit cost of $5,000 or more and a useful life of one (1) year or more shall be accompanied by a completed non-expendable property fonn signed by the recipient's property custodian. Iflocal accounting procedures require OeD reporting at a lesser amount than $5.000, local requirements shall be adhered to. All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit, All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. ~. " ,.;~. ...... t 19. Retention of Records ~. (.... /G~ ( to. t 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, . t 20. Ownenhip of Data and Creative Material Ownership of material, discoveries. inventions, and results developed, produced, or discovered subordinate to this agreement is.governed by the terms of the Office Of Justice Programs' Financial and Administrative Guide for Grants (Guideline Mamlal 7 100. I D. U.S. Department Of Justice's Common Rule for State and Local Govemment) or the federal Office of Management and Budget's Circular A-I 10. Attachment N. Paragraph Eight (8). " . 21. Property Accountability Th~ re~ipient agr~es to use all non-expendab~e pr'?J?erty for criminal justice purposes dunng Its useful I1fe or request department dispOSitIOn. . . , I t . l l' . The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual 7 100. I D, U, S. Department of Justice's Common Rule for State and Local Government) or the federal Office of Management and Budget's Circular A-lID, Attachment N. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement, 22. Disputes and Appeals' The department shall make its decision in writing when responding to 'any disputes, disagreements or questions offact arising under this agreement and shall distribute its response to all c;oncemed parties, The recipient shall proceed diligently with the perfonnance of this agreement according to the department's decision. If the recipient appeals the department's decision. it shall be made in writing within twenty-one (21) calendar days to the secretary of the department, whose decision is final. If the recipient appeals the department's decision. it'also shall be made in writing within twenty-one (21) calendaf days to the department's clerk (agency clerk). The recipient's right to appeal the department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Chapters 28-5 and 9-5, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter J 20, Florida Statutes. ' /. . ~.'(.~ ~--- /~;-' ( 13. Conferences and Inspection or Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the bureau, of the U,S. Department of Justice's Bureau of Justice Assistance or both have the privilege of visiting the project site to monitor, inspect and assess work perfonned under this agreement. ~ 24. Publication or Printing of Reports A. Before publication or printing, a final draft of any report required under or pertaining to this agreement shall be sent to the bureau for its review and comment. B. Publications or. printed reports covered under A. above shall include the fol1o\\;ng statements on the cover page: 1. "This report was prepared for the Florida Department of Communit)' Affairs, Linda Loomis Shelley, Secretary, in cooperation with the U.S. Department of Justice, Bureau of Justice Assistance,. The nex1 printed line shall identify the month and year the report was published. i- r ~ ~ ", ", 2, -This program was supported by grant # awarded to the Department of Community Affairs, State ofFlorid~ and by the Bureau of Justice Assistance (BJA), Office of Justice Programs (OJP), U.S. Department of Justice. The BJA is a component ofOJP which also includes the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office for V,ictims 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 Assistance, or any other aoency of the state or federal government,- 25. Equal Employment Opportunity (EEO) No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of. or otherwise subjected to discrimination under grants awarded pursuant to Public Law 89-564; Non-Discrimination Requirements of the Anti-Drug Abuse Act of 1988; Title IV of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973 as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination -" Regulations 28 CFR Part 42, Subparts C, D, E, and G. The recipient and a criminal justice agency that is the implementing agency agree to certify. ." , . that they either do or do not meet EEO program criteria as set forth in Section 501 of The ; \' ~ Federal Omnibus Crime Control and Safe Streets Act of 1968 as amended and that they . ' have or have not formulated, implemented and maintained a current EEO Program. /-:"" Submission of this certification is a prerequisite to entering into this agreement. /':J This certification is a material representation offact 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 . current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss offederal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L 96-157, 42 U.S.c. 3701, et seq. (Reference Section 803 (a) of the Act, 42 u.S.C. 3783 (a) and CFR Section 42.207 Compliance Information). Any state agency, county or city receiving $500,000 or more in federal Anti-Drug Abuse Act funds shall submit their equal employment opportunity plan to the bureau, 26. Criminal Intelligence System The purpose of the federal regulation published in 28 CFR Part 23 - Criminal l111e/ligence Systems Operating Policies is to assure that recipients of federal funds for the princinal purDose of operating a criminal intelligence system under the Omnibus Crime.' COII/rol and Safe Streets Act of 1968,42 U.S,c. 3701, et seq., as amended (pub. L. 90-351, as amended by Pub, L. 93-83, Pub. L. 93-415, Pub, L. 94-430, Pub. L. 94-503, Pub. L. 95- 115, and Pub. L. 96-157), use those funds in conformance with the privacy and constitutional rights of individuals. . , , ". The recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968 as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's FY 1993 Formula Grant Program Guidance, Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate by when they plan to "ome into compliance. Federal law requires a subgrant funded criminal intelligence system project to be in compliance with tbe Act and federal regulation prior to the award of federal funds. The recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal fUnds, The department's approval of the recipient agreement does not constitute approval of the subgrant funded development or operation ofa 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, Participants Responsibilities). These procedures require the recipient to certify it shall not enter into any lower tiered covered transaction ~., ,"i~ with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the department. -f" /,;/ ( 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. J. 29. Federal Restrictions on Lobb)'ing The recipient agrees to comply with Section 319 9/ Public Law I OJ - J 2 I set forth in "Nn' Restrictions on Lobbying; Interim Final Rule, " published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form. if applicable, with each submission that initiates agency consideration of such person for award offederal contract, grant, or cooperative agreement of$100,OOO or more; or federal loan of$150,OOO 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 3l, l{n!ted States Code. Any person who fails to file the required certification is subject to a CIVIl penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief. that: A. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress. an officer or employee of congress. or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal. amendment. or modification of any federal contract, grant. loan or cooperative agreement. B. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract. grant loan, or cooperative agreement. the undersigned shall complete and submit the standard form. Disclosure of Lobbying Activities, according to its instructions. C. The undersigned shall require that the language of this certification be included in award dpcuments for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly, 30. State Restrictions on Lobbying In addition to the provisions contained in paragraph 29 of Section Ii. 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 pan with federal funds, all grantees and recipients receiving these federal funds. including but not limited to state and local governments, shall clearly state: .~ -- t t ,., A. The percentage of the total cost of the program or project that shall be financed with federal funds, and B. The dollar amount offeder.aJ funds to be expended on the project or program. 32. Project Oose-Out Project funds which have been properly obligated by the end of the subgrant funding period will have 90 days in which to be liquidated (expended). Any funds 1I0t liquidated at the end of the 90-day period will lapse and revert to the department. A subgrant funded project wiJI not be closed out until the recipient has satisfied all close-out requirements in one final subgrant close-out package. . . .. EEO Certification Letter - Sub&rant Recipient Mr. John A. Lenaerts, Chief Bureau of Public Safety Management Department of Community Affairs . 2740 Centerview Drive Tallahassee, Florida 32399-2100 RE: Compliance with Equal Employment Opportunity (EEO) Program Requirements - Subgrant Recipient Dear Mr. Lenaerts: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe. Streets Act of 1968 as amended, that...Initial one of the following: . The subgrant recipient does meet Act criteria. XXXX The subgrant recipient does not meet Act criteria. I affirm that I have read the Act criteria set forth in the Subirant Instructions. I understand that if the sub grant recipient meets these criteria, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women, I also affirm that the subgrant recipient...Initial one of the following: ./ ;... l.~:" Hu a CII"ent EEO Program Plan. XXXXX Does not have a current BEO Program Plan. /.i#~ I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Proaram, federal law requires it to formulate, implement, and maintain such a proaram within /20 days after I subgrant application for federal assistance is approved or face loss of federal funds. J . By: Title: Date: Co \11) I &1 ~ 37 .~,y;) . :'11-' :"~ ,;~..~~ ~>J~ . '/Yl::"':~ . . . . EEO Certification Letter - Implementing Agency Mr. John A. Lenaens. Chief Bureau of Public Safety Management Depanment of Community Affairs 2740 Centerview Drive Tallahassee. Florida 32399-2100 RE: Compliance with Equal Employment Opponunity (EEO) Program Requirements __ Criminal Justice Agency Dear Mr. Lenaens: I, the undersigned authorized official, cenify that according to Section 501 of the Omnibus Crime Control and Saf~ Streets Act of 1968 as amended, tI,t...Initial one of the following: The criminal justice agency does meet Act criteria. / The criminal justice agency does not meet Act criteria. I affinn that I have read the Act criteria set fonh in Subgrant Instructions. I understand that if the implementing agency meets these criteria, it must panicipate in the subgrant recipient's EEO Program or fonnulate, implement and maintain its own written EEO Program relating to employment practices affecting minority persons and women. I also affinn that the implementing agency...Initial one of the following: / .... Has a cu"ent EEO Program Plan. ~ /..:; { Does not have a current EEO Program .Plan I funher affinn that if the implementing agency meets the Act criteria and does not ~ panicipate in the subgrant recipient's EEO Program or does not have its own written EEO Program. federal taw requires it to panicipate in such a prop'am or formulate. implement. and maintain its own program within J 20 days after a subgrant application is approved or face loss of federal funds. /.. ,~'.' ~I~ .. Requir~alure of authorized official: By: .@J(t-;::!: - ~ E. R. Peterson Title: Chief of Police, City of Key West Date: (P I ) \ I " 3 . -, 39 . ~ . .: -- . .1 ) RESOLUTION NO. 222 GRANTS MANAGEMENT - 1993 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE DEPARTMENT OF COMMUNITY AFFAIRS FY 93/94 ANTI-DRUG ABUSE GRANT PROGRAM WHEREAS, the Department of community Affairs (DCA) has announced the FY93/94 fundinq cycle of the Anti-Druq Abuse Act Formula Grant proqraDlJ and WHEREAS, on April 14, ,1993, the Monroe County Board of County Commissioners siqneda Certificate of participation and aqreed to act as the coordinatinq unit of qovernmen~fo~ t~ :~ .purpose of preparinq Monroe County application(s) fQi qran~un~ requests to DCA, and ~~ j E: = ..., ~ z'"T' WHEREAS, the Substance Abuse policy Advisory Bo!.rd, wi t,h ,J consideration qiven to the county's current druq cO~J:'ol ~ activities, has recommended five aqencies that provf~e the~ ~ community with proqrams focused on druq and alcoholJducat~n, =: prevention, rehabilitatiopl; and treatment, now ther~ore, g :-:::r ,/,. BE IT~ESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: I' '.< .{,:; .-' 1. The Board of County eommilsioners amends the Substance' Abuse Policy Advisory Board's recommendations, and thereby approves fundinq for the pr09r..s provided by the followiDV avencies: Monroe County Office of Substance Abuse, Key .est police Department, Monroe County Sheriff's Departaant, Life center Foundation, and pretrial Services, and that 2. The Board authorizes the county Administrator with liqnature authority on the Departaant of Community Affairs Anti- Druv Abuse Grant applications, and that 3.' This resolution shall become. effective ilDlllediately upon adoption by the Board of County Commissioners and execution by the Prelidinq Officer and Clerk. 4 PASSED AND ADOPTED by the Board of County commissioners of Monroe County, Florida, at a regular meetinq of laid Board held on the 26th day of May, A.D. 1993. APPROVC;O AS TO m~M AN LEGAL SUFFI ' y. Mayor London Mayor ProTem Cheal commissioner Harvey Commissioner Freeman Commissioner Reich yes yes yes yes yes By (SealD.A1ltNY L. KOLHAGE. Clp1'1r ~e.~ Clerk .' " c L Sianatun 'ale In Witness w ereo ,t e parnes nn they each ave rea an agree to conditions set oJth In this agreement, have read and understand the agreement in its enlirety and have executed this agreement by tbeir duly authorized officers on the day, month and year set out below. Con'<<fionS IIICludill strikeoven wh;teouts de. olllh;s Q e tl,~ not tleC~ tllble. ..... of FIori4a ~nt or Communi!)' ~airs Bureau of Public Safety Management By: ~~4. WJD~~ Title: Clayton H. Wilder, Cormnunity Program Administrator Date: 10 - '1 .. , .3 Sub grant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) By: Title: Date: T 8 rown County Administrator ~/IJ/Cjy Implementing Agency Official, Administrator or Desipated kepresentative By: Title: ~~ E. R. Peterson Chief of POlice, City of Key ,West (,1 J / J q 3 Date: