Resolution 460-1993
GRANTS MANAGEMENT
RESOLUTION NO.
460
- 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 MONROE COUNTY PRETRIAL
SERVICE'S DRUG DIVERSION AND TREATMENT 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 Monroe County Pretrial Service's Drug Diversion and Treatment
Program 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 Pretrial
Service's Drug Diversion and Treatment Grant Agreement which will
provide $62,400.00 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.
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PASSED AND ADOPTED by the Board of County Commijsi:9ne~ of,--
Monroe County, Florida, at a regular meeting of sai~~rd heldr~
on the 10th day of November, A.D. 1993.'1:"'- E5 '::J
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Mayor London
Mayor ProTem
Commissioner
Commissioner
Commissioner
Cheal
Harvey
Freeman
Reich
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BOARD
OF MO
(Seall ~ ~. By,
Attest: J,./. C. ~
Clerk
B
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
SUBGRANT AWARD CERTIFICATE
Subgrantee: Monroe county Board of Commissioners
Date of Award:
OCT 0 4 1993
Grant Period: From: 10/01/93 To: 09/30/94
Project Title: Druq Diversion and
Treatment proqram
Grant Number: 94-CJ-1Z-11-54-01-132
Federal Funds: $62,400.00
BGMTF Funds:
State Agency Match:
Local Agency Match: $20,800.00
Total Project Cost: $83,200.00
Program Area: 13B
Award is hereby made in the amount and for the period shown above of a grant
under Title I of the Omnibus crime Control and Safe Streets Act of 1968,
P.L. 90-351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100.690, to
the above mentioned subgrantee and subject to any attached standard or special
conditions.
This award is subject to all applicable rules, regulations, and conditions as
contained in the Financial and Administrative Guide for Grants, Guideline
Manual 7100.1D, Office of Justice Programs, Common Rule for State and Local
Governments and A-87, or OMB Circulars A-110 and A-21, in their entirety. It
is also subject to such further rules, regulations and policies as may be
reasonably prescribed by the state or Federal 'Government consistent with the
purposes and authorizatlon of P.L. 90-351, as amended, and P.L. 100.690.
SUB GRANT 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.
CJ ~ J".. u.. ~A-,-,
Autho ized Official
Clayton H. Wilder
Community Program Administrato
Bureau ot Comaunity Assistance
/0 - ~- '3
Date
[X)This award is subject to special and/or standard conditions (attached).
BPSM Revised 7-1-79
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lrtment of Community Affairs
Division of Housing and Community Development
Bureau of communitr Assistance
The Rhyne BU1lding
2740 CenterviewDrive
Tallahassee, Florida 32399
SPECIAL CONDITIONS
Grantee (Name of SPA): Bureau of Community Assistance
Grant Number: 94-CJ-1Z-11-54-01-132
Grant Title: Drug Diversion and
Treatment Program
In addition to the general conditions applicable to fiscal administration,
the grant is subject to the following Special Condition (s):
SPECIAL CONDITION(S):
1. Prior to drawdown of federal funds for Contractual Services, the
subgrantee must submit a copy of the proposed professional services
contract to the Department of Community Affairs for approval.
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-11-54-01-132 in the amount of $62,400,
for a project entitled: Drug Diversion and
Treatment Program
for the period of 10/01/93 through 09/30/94, in accordance with
the statement of work contained in the subgrant application, and
subject to the Department of Community Affairs' conditions of
aqreement and soecial conditions governing this subgrant.
(Signature of Authorized Official)
(Date of Acceptance)
(Typed Name and Title of Official)
DCA-CJ Form 1 (June, 1985)
ATTEST: DANNY L, KOLHAGE, CLERK
By
Deputy Clerk
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State or Florida ," . :"
' Department of CommunJty An-ain ' , .
Bureau Of Public Safety Management .',
Jication for Federal Anti-Dru Abuse Act Funds
DCA Contract Number: 94-CJ-1Z-11-54-0l-132
UNIQUE 10 NO. 93-132 PA 13B
A. Names & Addresses
, 1.
Continuation of Previous Subgrant? (Check One) Ye.s
NoX
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2. Prel.ious Subgrant. State Project ID Number (UYes In I. Above).
r 93 I - [ CJ l -
I - I
I - I
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3.
SubgrantRecipient.
Monroe County Board of Commissioners
Chief Elected Omcial~ Jack London
Title: Chairmqn, Monroe County Board of Commissioners
Address: The Alamo Office Building
. Summerland Key, FL
Zip Code: 33042
Area Code And Telephone Number
Area Code And Fax Phone Number
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(305) 745 ' 1554
(305 )292/4401
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.c. Chief Financial Officer~
Chief Financial Officer: Danny Kolhage
Tille: Clerk, Monroe County
Address: 500 Whitehead St
Zip Code: . Key West, FL
33040
Area Code And Telephone Number
Area Code And Fax Phone Number
oJ
-<305 )294 1 4641
(305 )296 1 1864
5.
Implementing Agency. (Government Agency Responsible for Project)
Ch$er Elecutive Officer: Thomas W. Brown
Title:
County Administrator
Address: 5100 College Rd., S. I.
Zip Code: '. - Key West, FL
33040
Area Code and Telephone-Number
Area Code and Fax Phone Number _
(305 )292 14741
005 ) 292/4401
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6. Project Director. (Employee of GovernmentallmpJementing Agency)
Name:
Title: Mary S. Broske
Add Pirector, Grants Management
rent 5100 College Rd., S. I.
Zip Code: Key West, FL
Area Code ~~8 ~Jephone Number
Area Code and Fax Phone Number
Department
(305) 29214471
(305 )292 I 4401
B. Administrative Data
7. Project 'ritJe.
n In n I,.. r 'T ~ t: 1: C IT In 1\1 12\ 1\1 r 'J1 ~ 1<' 11 If M F ?\J 'T'
'D 10 (' r t 1l 111
8. For Period.
Period Month Day Year
Beginrung " n 01
1993
Ending
9 30 1994
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"y
9. h the Subgrantee or the Implementing Agency a Member of a Local
Criminal Justice Advisory Council or Substance Abuse Policy Advisory
Board, Coalition, or Council?
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(Set! the Program Announcement for a description of board responsibilities.)
(Check One) Yes X No
C. Fiscal Data
10. (If other than a Chief Financial Officer) Remit "'arrant to:
Grants Management Department
Monroe County
II. Vendor #:I (Enter Federal Emplo)'er Identification Number):
59-6000749 .
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12. SAMAS #:I (Enter if you are.a state agency):
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13. Award.
Budget Category Federal Match Tbtal
Salaries and Benefits $38,489.25 $12,829.75 $51,319,00
Contractual Services 16,575.00 5,525.00 22,100.00
Expenses 7,335.75 2,445.25 9,781. 00
Operating Capital .
Outlay
Data Processing
Indirect Costs
.
Totals .
$62,400.00 $20,800.00 $83,200.00
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14.
\\'iII the Project Accrue Project Generated Income?
(Su Section H 14,jor a definition oj "Program Income.'')
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(Check One) Yes-L No
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D, Program Data
Problem Identification. In a maximum of two (2) typed paragraphs, briefly describe a specific
problem to be addressed with subgrant funds. If you are seeking funds to continue existing
project activities, describe any gaps between current and desired project results.
Proposed Solution. In a 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 helow and uu continuation paf!cs as necessa,,'.
Problem Identification. A key informant survey conducted in 1992
by the Monroe County Substance Abuse Policy Advisory Board
concluded that following alcohol, cocaine was the second most
abused substance in the county. In addition, an evaluation of the
Monroe County Pretrial Services Program's Substance Abuse Project
by the Florida State University Institute for Health and Human
Services Research also conducted in 1992, found that cocaine was
the primary drug of abuse for 75.5 percent of clients entering the
program. The evaluation reported a consensus among community
experts that while the program is "well run", it needs a treatment
program for offenders. The dearth of treatment services in the
county for indigent and low income substance abusers was also noted
in the evaluation. However, the evaluation's analysis of arrests
by clients who had successfully completed the intervention
programming offered by Pretrial Services as compared to those who
failed to complete revealed the following: Clients who completed
the intervention programming had a lower rate of rearrest for drug,~
crimes (six percent and fifteen percent at six and twelve montnsJ',
respectively) than those who did not complete (twenty-eight percent
and forty percent). Finally, the evaluation reported several major
issues, the top two being: "The lack of adequate programs,
facilities and staff to meet the substance abuse treatment needs of
Monroe County offenders was found to be a serious problem in this
county" and "Monroe County currently has no resources to assess or
address the substance abuse treatment needs of jail inmates".
Proposed Solution. Richard J. Fowler, Chief, Judge of the 16th
Judicial Circuit (which 'encompasses all of Monroe County), is
committed to relieving the congestion in the criminal court system
and the jail brought about by the cycle of substance abuse and
arrest inherent to cocaine-addicted offenders. The establishment
of a Diversion and Treatment Program through a partnership of the
judiciary and Pretrial .Services utilizing a Drug Court and
treatment services, respectively, has proven to be an effective
recovery strategy for substance abusing offenders in other
jurisdictions and this grant application seeks to replicate such a
program. Timely intervention is critical for interrupting
substance abusing behavior and diversion offers a means of
preventing further penetration by the offender into the already
overburdened criminal justice system. As was noted in the above
section on problem identification, eve.1 basic intervention services
provided to offenders had a Positive effect on drug rearrest rates.
continued next page
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Proposed Sc
o~ continued
It is a logical progression then that a "treatment with teeth"
approach which includes short jail stays as an incentive for
borderline clients will have a greater, more substantial impact on
the recovery process.
The proposed Diversion and Treatment Program would encompass both
traditional and innovative interventions using a three-phase multi-
disciplinary approach to substance abuse treatment. Throughout all
phases, clients will meet with the Drug Court Judge no less than
monthly and, based on treatment progress reports provided by the
Substance Abuse Counselor, the judge will offer support,
recognition and encouragement or, in the event of noncompliance,
advised admonishment or reincarceration with an in-jail treatment
component provided by the Substance Abuse Counselor. Clients who
have not put the necessary effort into the program or who have
gotten rearrested may be placed back into earlier treatment phases
or, as a last resort, removed from the diversion program and sent
to criminal court for trial.
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In Phase I, lasting approximately two weeks, the Substance Abuse
Counselor would provide assessment and evaluation techniques
designed to identify offenders who are most likely to benefit from
the program including acupuncture and other relaxation treatments.
Daily acupuncture/relaxation sessions which have proven to reduce
craving and enable participants to better ut~lize conventional_~
interventions will be provided through contractual relationship~;(
with licensed personnel. Phase I will also include the provision
of daily 12 Step group meetings provided by volunteers, daily
urinalysis conducted by Pretrial Services non-grant-funded staff,
weekly group and individual counseling sessions conducted by the
Substance Abuse Counselor. All counseling activities will take
place at the Substance Abuse Counselor t s office site and at a
rented Off-site for groups.
In Phase II, lasting approximately twelve we~ks, the Treatment
Specialist will develop with the client 'a sobriety
contract/treatment plan to serve as # a blueprint for service
delivery to assist the client iri addressing specific treatment
needs. Acupuncture/relaxation' sessions, NA/AA attendance,
counselor contacts, and utilization of community services will be
negotiated. Weekly group sessions and individual counseling
sessions will be provided by the Treatment Specialist while
urinalysis testing will continue to be provided on-site by Pretrial
Services.
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Phase III participants would be provided with aftercare services by
the Substance Abuse Counselor including weekly group sessions for
approximately twenty-two weeks ancl referrals to academic,
vocational, remedial and training programs available through
existing community resources. Urinalysis testing would continue as
described above. Finally, and this is the "carrot" which drives
all diversion programs, the client "graduates" and the criminal
charges ar~ qismissed at an open Drug Court hearing.
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E. Program Objectives and Performance Measures
Complete uniform program objectives and perfonnance measures (found in Appendix XY) 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.
Start below and use continuation pOj!CS a.'i nucs,mrv,
Program Objective 11.3.1: To provide 115 offenders with intake and
screening services during the grant period.
Program Objective 11.3.2: To provide 75 offenders with drug
screening/urinalysis tests during the grant period.
Program Objective 11.3.3: Subgrant funds will not be used to
provide diagnostic services.
Program Objective 11.3.4: To provide 75 offenders with
psychosocial assessments during the grant period.
Program Objective 11.3.5: To provide 75 offenders with case
management services during the grant period.
Program Objective 11.3.6: To provide 75 offenders with treatment
services during the grant period.
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Program Objective 11.3.7: To provide 75 offenders with
rehabilitation services during the grant period.
Program Objective 11.3.8: To provide 75 offenders with offender
tracking and reporting services during the grant period.
Program Objective 11.3.9:' To estimate that 50 offenders will
successfully complete this nonresidential program during the grant
period.
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F. Project Budget Schedule
The Project Budget Schedule includes six Budget Categories (Salaries and Benefits. Contractual
Services, Expenses. Operating Capital Oullay (OCO), Data Processing Services, Indirect Costs)
and Total Project Costs.
Tl' e or Print Dollar Amounts Onl" in A licahle Caff! ories and ual'~ Others Blank.
Budget Categol)' Federal Match Total
Salaries And Benefits
$38,489.25 $12,829.75 $51,319.00
Contractual Services
16,575.00 5,525.00 22,100.00
Expenses
7,335.75 2,445.25 9,781. 00
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Operating Capital .
Outlay
Data Processing
~
:
lndirect Costs
Totals
$62,400.00 $20,800.00 $83,200.00
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G. Project Budgl. ..... i3!ive
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 helm,' and use continuation paI!c.'i a.'i nece..ua,,',
Salaries and Benefits: This category reflects a cost of $37,500
for salaries to support one full-time Substance Abuse Counselor and
one part-time Treatment Specialist. Also included are benefits
(FICA, retirement and health insurance) for the full-time position
and FICA and retirement for the part-time position.
Contractual Services: This category reflects the cost associated
with contracting for acupuncture services calculated at a rate of
$75 per hour for five hours each week. Also included in this
category are costs associated with contracting for provision of
group relaxation techniques.
Expenses: Items in this category include:
Printing forms, business cards for staff, informational materials,...,
etc. at $250.' ~
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Consumable office supplies and postage at $450.
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Advertising for position openings, contractual services, etc. at
$120.
Medical supplies including acupuncture needles, urinalysis tests,
gloves, specimen cups, alcohol wipesi needle dispensers, etc. at
$8,961.
Matching funds for this project will be provided by Monroe County
Board of County Commissioners, Subgrantee, from the Board of County
Commissioners Contingency Funds.
REVISED BUDGET NARRATIVE FOR #94-cj-1r-11-54-01-132
SALARIES
1 Full Time Substance Abuse Counselor
1 Part Time Substance Abuse Counselor
Total Salaries
BENEFITS
FICA (7.75%)
Retirement (17.5%)
Health Insurance (11.5%)
Workers Comp, (.04%)
Total Benefits
TOTAL BUDGET
t.
$27,500
10,000
$37,500
$ 2,906
6,563
4,200
150
$13,819
$51,319
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B.
Acceptance and Agreement
All persons involved in or having administrative responsibility for the subgrant must read tbese
II Acceptance and Agreement" conditions, This "Acceptance and Agreement" (Section B)
must be returned as part of the completed application. '
Note Condition No. 13: Only project costs incurred on or after the effective date of this
agreement and on or prior to the termination date of a recipient's project are eligible for
reimbunement.
Conditions or Agreement. Upon approval of this subgrant, the approved application and the
following tenns of conditions will become binding. Non-compliance will result in project costs
being disallowed. '
The tenn tldepartment", unless otherwise stated, refers to the Department of Community Affairs.
The tenn tlbureau", unfess otherwise stated, refers to the Bureau of Public Safety Management,
The tenn subgrant "recipient" refers to the governing body ofa city or a county or an Indian
Tribe which perfonns cnminal justice functions as determined by The U,S. Secretary of the
Interior, and includes an tlimplementing 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).
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I.
Reports
A.
Project Perfonnanc~ Reports:
The recipient shall submit department Quarte~1y Project Performance Reports ~,/
the bureau by February I. May I, August I. and November I covering subgrant
activities during the previous quarter, .
The recipient shall submit an Annual Project Pelformance 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 ....it" the annual report,
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In additioJ\ if the subgrant award period is extended beyond twelve (12) months.
additional Quarterly Project Pelformance- 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.
B. 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 Report and a
Criminal Justice Contract (Financial) Close-Out Package shall be submitted to
the bureau within forty-five (45) days of the subgrant tennination period. Such
claim shall be distinctly identified as "final".
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Before the "final" claim wi)) be processed, the recipient must submit to the
department all outstanding project p'erformance reports and must have satisfied
any pending special conditions. Failure to comply with the above provisions shall
result in forfeiture of reimbursement.
The recipient sha)) submit department Quarterly Project Generated Income
Reports to the bureau by February I, May I, August I, and November 1 covering
subgrant generated income and expenditures during the previous quarter.
(See 14, 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 forms sha)) 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 sub grant funds and required non-federal
expenditures. All funds spent on this project sha)) be disbursed according to provisions of :
the project budget as approved by the bureau.
All expenditures and cost accounting of funds shall conform to Office of Justice Programs'
Financial and Administrative Guide for Grants (Guideline Manual 7l00,lD, U.S,
Department of Justice CO[nmon Rule for State and Local Governments), and in federal ..4'"
Office of Management and Budget's Circulars A-2l, A-87, and A-llO, in their entirety)'l' f
All funds not spent according to this agreement shall be subject to repayment by the
recipient. .
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3. Compliance with "ConsultDnt's Competitive NegotiDtion Act"
The recipient, when applicable, agrees to satisfy all requirements provided in Sectioll
287,055. Florida Statutes, known as the "Consultant's Competitive Negotiatioll Act".
.
4. Approval or Consultant Contracts
The department sha)) review and approve in writing alt consultant contracts prior to
employment of a consultant. Approval sha)) be based upon the contract's compliance \\ith
requirements found in the Office ofJustice Programs' Financial and Admillistrative Guidl'
for Grants (Guideline Mallual 7 JOO.JD, V,S, Departmc1l1 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.
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5. Allowable Costs
Allowance for costs incurred under the sub grant shall 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 7 J 00, J D, V,S, Department of Justice s Common Rule for State And Local
Governments) arid 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-J JO 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 J J 2, 06J, Florida Statutes,
All bills for any travel expenses shall be submitted according to provisions in Section
lJ2,06J, Florida Statutes,
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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:
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A, Changes in project activities, designs or research plans set forth in this approved
agreement;
B, Budget deviations that do not meet the foJJowing criterion. That is, a recipient
may transfer funds between budget categories as long as the total amount of
transfer (increase or decrease) does not exceed ten (JO) 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 (J 0) percent cap shall be made only if a revised
budget is approved by the department.
D. Under no circumstances can transfen of funds increase the total budgeted
award. Transfers do not allow for increasing the quantitative number of items
documented in any approved budget line item. (For example, equipment items in
Operating Capital Outlay or Expense categories or staff positions in the Salaries
and Benefits category.)
8. Reimbunement Subject to Available Funds
The obligation of the State of Florida to reimburse recipients for incurred costs is subject
to available federal Anti-Drug Abuse Act funds.
9. Advance Funding
Advance funding is authorized up to twenty-five (25) percent of the federal award for
each project according to Section 2/6. 18J(/2) (B), Florida Statutes (1991); the Office of
Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual
7100,1D, U.S, Department of Justice's Common Rulefor State and Local Governments).
Advance funding shalJ 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 t~e subgrant application.
10. Commencement Of Project
Ifa project has not begun within sixty (60) days after acceptance of the subgrant award,
the recipient shalJ 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 ninety (90) days after acceptance of the subgrant award, '
the recipient shall send another letter to the bureau, again explaining reasons for delay and
request another revised project starting date, '
Upon receipt of the ninety (90) day Jetter, the department shall determine if the reason'(or'
delay is justified or shalJ, at its discretion, unilaterally terminate this agreement and
reobligate subgrant funds to other department approved projects. The department, where
warranted by extenuating circumstances, may extend the starting date of the project past
the ninety (90) day period. but only by formal written amendment to this agreement.
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11. Extension or a Contract ror Contractual Services
Extension of a contract for contractual services between the recipient and a contractor
(which includes all project budget categories) shatl be in writing for a period not to exceed
six (6) months and is subject to the same tenns and conditions set forth in the initial
contract. Only one extension of the contract shalJ 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 perfonnance of this agreement according to its tenns (including
any failure by the recipient to make progress in the execution of work hereunder which
endangers such perfonnance) 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 perfonn shall be
beyond the control and without the fault or negligence of the recipient.
.
Iffailure to perfonn is caused by failureofa consultant to perfonn or make progress, and
ifsuch 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 ~etennines that any failure.to perfonn,was occasioned
by one or more said causes, the dehvery schedule shall be reVJsed accordingly.
13. Obligation or 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 or the
recipient's project are eligible for reimbursement. A cost is incurred when the
recipient's employee or consultant perfonns required services, or when the recipient
receives goods, notwithstanding the date of order,
.
. :.... ~~~
t;'-',
i.
14.
Program Income (also kno,,'n as Project Generated Income)
--'!'
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~
Program income means the gross income earned by the recipient during the subgrant
period, as a direct result of the subgrant award. Program income shall be handled
according to the Office of Justice Programs' Financial and Administrative Guide for
Grants (Guideline ManuaI7JOO.JD. U,S, Department of Justice's Common Rulefor State
ond Locol Government, Reference: T1w Cash Management Improvement Act of 1990),
..
t
IS. Performance or 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 perfonned prior to the effective date of such sanction.
t;
-.
'.
16. Access To Records
The Department of Community Affairs; the U.S. Department of1ustice. Office ofJustice
Programs. Bureau of 1ustice 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 and Administrative Guide for Grants (Guideline Manual 7 J 00. J 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 all documents,
papers. letters. or other materials subject to provisions of Chapter J J9, Florida Statutes,
and made or received by the recipient or its contractor in conjunction With this agreement.
17. Audit
A.
The recipient shall provide to the department one copy of an annual audit
conducted in compliance with The Single Audit Act of J984, P.L 98-502, The
audit shall be perfonned in accordance with the federal Office of Management and
Budget's Circular A-J28 and other applicable federal law, The contract for this
agreement shall bOe 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 J },45 and 2J6,349. Florida Statutes,' ..,'
and. Chapters JO,550 and JO,600, Rules of the Florida Auditor General, ".u' t
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
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 wiD not be accepted by the department and wiD be
returned to the recipient.
C, The recipient shall have aJl audits complet.ed by an independent public accountant
(IP A). The IP A shall be either a Certified Public Accountant or a Licensed Public
Accountant.
~. \', ,~~
B.
..
D. The recipient shall 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 shall ensure that audit working papers are made available to the
department. or its designee, upon request for a period offive years from the date
the audit report is issued, unless eXlended 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:
Dcpartmcnt or Community Affain
,". ,Office or Audit Scn-ices . ,
2740 Centcn-iew Drive
The Rhync Building
Tallahassee Florida 32399-2 J 00
18. Procedures for Claim Reimbunement
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 OCO reporting at a lesser amount than
$5,000, lo~al 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. ' " ~f..,.,
19.
Retention or Records
..-f'"
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/ .
The recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public
'disclosure upon request of duly authorized persons.
..
20. Ownenhip or Data and Creative Material
Ownership of material, discoveries, inventions, arid results developed, produced, or
discovered subordinate to this agreement is governed by the tenns of the Office Of Justice
Programs' Financial and. Administrative Guide for Grants (Guideline Manllal 7100. lD,
U.S. Department Of Justice'S Common Rule for State and Local Government) or the
federal Office of Management and Budget's Circular A-l 10, Attachment N, Paragraph
Eight (8), ' ,
21. Property Accountability
The recipient agrees to use all non-expendable property for criminal justice purposes
during its useful life or request department disposition.
.
.
The recipient shall establish and administer a system to protect, preserve, use, maintain
and dispose of any property furnished to it by the department or purchased pursuant to
this agreement according to federal property management standards set forth in the Office
of Justice Programs' Financial and Administrative Guide for Grants (Guideline Manual
7100,1 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-l 10, Attachment N. This
obligation continues as long as the recipient retains the property, notwithstanding
expiration of this agreement. '
22. Disputes and Appeals'
The department shall make its decision in writing when responding to 'any disputes,
disagreements or questions of fact arising under this agreement and ,shall distribute its
response to all ~ncemed 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, itaJso shall be made in writing within
twenty-one (21) calendar days to the department's clerk (agency clerk). The recipient's
right to appeal the department's decision is contained in Chapter 120, Florida Statutes,
and in procedures set forth in Chapters 28-5 and 9-5, Florida Administrative Code,
Failure to appeal within this time frame constitutes a waiver of proceedings under
Chapter 120, Florida Stat!'tes. '
,-"
~~... ~~,~.
~
13.
Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time, a
representative of the bureau, of the U,S, Department of Justice's Bureau of Justice
Assistance or both have the privilege of visiting the project site to monitor, inspect and
assess work perfonned under this agreement.
"-,-.; (
~
14. Publication or Printing of Reporu
A. Before publication or printing, a final draft of any report required under or
pertaining to this agreement shall be sent to the bureau for its review and
comment.
B. Publications or. printed reports covered under A. above shall include the following
statements on the cover page:
J.' "This report was prepared for the Florida Department of Communit)'
Affairs, Linda Loomis Shelley, Secretary, in cooperation with the
U.S. Department ofJustice. Bureau ofJustice Assistance." The next
printed line shall identify the month and year the report was published,
"
"',
2, "This program was supported by grant '# awarded to the Department
of Community Affairs, State of Florida, and by the Bureau 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
aeency 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-Drog 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 recipi~nt and a criminal justice agency that ist~e il}'lplementing a.gency agree to certify ',".".~
that they either do or do not meet EEO program cntena as set forth In Section SOl of The '
Federal Omnibus Crime Control and Safe Streets Act of 1968 as amended and that they _'
have or have not fonnulated, 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 Connulated, 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 oCCederal 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 Infor77Jation).
..
Any state agency, county or city receiving $500,000 or more in Cederal A'nti-Drog Abuse
Act funds shalt 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 Intelligence
Systems Operating Policies is to assure that recipients of federal funds for the princi"al
purpose of operating a criminal intelligence system under the Omnibus Crimc.' C011lrol and
Safe Streeis 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 ~onfonnance 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 offederal 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
21.
.
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,
".,;/
.:'II,.';;'..
Payment Contingent on Appropriation
The State of Florida's perfonnance and obligation to pay under this agreement is
contingent upon an annual appropriation by the Florida Legislature,
*
29. Federal Restrictions on Lobb)'ing
The recipient agrees to comply with Section 319 a/Public Law 101-121 set forth in "Nt'M'
Restrictions on Lobbying; Interim Final Rule, "published in the February 26, 1990,
Federal Register,
Each person shall file the most current edition of this Certification And Disclosure Form.
if applicable, with each submission that initiates agency consideration of such person for
award of federal contract. grant, or cooperative agreement of $1 00,000 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 31.
l!nfted 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 fonn, Disclosure of Lobbying Activities, according to its instructions.
C, The undersigned shall require that the language of this certification be included in
award d9cuments 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 H, Acceptance and
Agreement, the expenditure of funds for the purpose of lobbying the legislature or a
state agency is prohibifed under this contract.
31.
Statement of Federal Funding Percentage and Dollar Amou~t
...~..
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 offed~r~ 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 1101 liquidated at
the end of the 90-day period will lapse and revert to the department. A subgrant funded
project will nor be closed out until the recipient has satisfied all close-out requirements in
one final subgrant close-out package.
OUNTY oLMONROE
KEY WEST .:::J I:LORIOA 33040
(305) 294-<4641
BOA.\_, :OUNTY COMMISSIONER
MAYOR, Jlck London, District 2
Mlyor Pro Tim, A ElrI Chel', District 4
Wllhelminl Hlrvey, District 1
Shirley Freemln, District 3
Miry KIIy Rllch, District 5
Thomas W. Brown
COunty Administrator
Monroe COunty
Public Service Building
Wing II, Stock Island
Key West, FL 33040
(305) 292-4741
@
June 9, 1993
Mr. John A. Lenaerts, Chief
Bureau of Public Safety Management
Division of Emergency Management'
Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2100
Re: Monroe County FY '93 Drug COntrol and System Improvement
Formula Block Grant Program
; \" l:"'1'...
Dear Mr. Lenaerts:
".,:./
May this letter serve as authorization for Mary S. Broske,
Director, Grants Management Department, to be recognized as the J
Administrator of the Implementing Agency, and that her signature
be accepted as such.
.
W. Brown
Administrator
TWB/msb
EEO Certification Letter - Subgrant 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 SOl of the Omnibus
Crime Control and Sofe. 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:
Has a current EEO Program Plan.
XXXXX
~.... tf.~':"-
-
Does not have a current EEO Program Plan,
.......
,.'..:~ :
I further affirm that if the recipient meets the Act criteria and does not have a current
written EEO Program, federal law requires it to formulate, implement, and maintain such a
program within J 20 days after a subgrant application for federal assistance is approved or face
loss of federal funds.
4
By:
Title:
of authorized official:
I
Date:
37
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" )o:.1,.t,;;:..-~
EEO Certification Letter - Implementing Agency
Me, lohn 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 --
Cnminal Justice Agency .
Dear Me, Lenaerts:
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus
Crime Control and Saf~ Streets Act 011968 as amended, that...Initial one of the following
The criminal justice agency does meet Act criteria. xxx x
The criminal just~ce agency does not meet Act criteria.
I affirm that I have read the Act criteria set forth in Subifant Instructions. I understand
that if the implementing agency meets these criteria, it must participate in the subgrant recipient's
EEO Program or formulate, implement and maintain its own written EEO Program relating to
employment practices affecting minority persons and women. J also affirm that the implementing
agency,..lnitial one of the following:
*," '.' .,.-:-.
Has a current EEO Program Plan.-
_...'
xxxxx
/.:./ .
Does not have a current EEO Program ,Plan
I further affirm that if the implementing asency meets the Act criteria and does not '
participate in the subgrant recipient's EEO Program or does not have its own written BEO
Program. federal law requires It to participate in such a program or fonnulate. implement. and
maintain its own program within 120 "S after a subgrant application is approved or face loss of
federal funds,
..
By:
Mary S. roske
Title: Director, Grants Manaqement Department, Monroe County
,Date: 6/11/93
"." .,
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39
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RESOLUTION NO.
GRANTS MANAGEMENT
- 1993
222
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 funding cycle of the Anti-Drug Abuse Act
Formula Grant ProqrulJ and
WHEREAS, on April 14, .1993, the Monroe County Board of
County Commissioners siqned a Certificate of participation and
agreed to act as the coordinating unit of qovernmen~fo~ t~ :~
.purpose of preparinq Monroe County application(s) fdi qran~un~
requests to DCA, and ~s: ~ '- '=
-, . c:::
:-r 2"
WHEREAS, the Substance Abuse Policy Advisory Bo:i.~d, wi\:h -
consideration given to the County's current drug co~rol ~
activities, has recommended five agencies that provi~e the~
communi ty with programs focused on drug and alcohol ~ducatilbn, ~~ ~
prevention, rehabilitati~1. and treatment, now ther~ore, g ~
""T'
.....
,'T'
.'
BE IT ~ESOLVBD BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROB COUNTY, FLORIDA, THAT 1
. ",' ....";...
1. The Board of County Commissioners amends the Substance
Abuse POlicy Advisory Board'S recommendations, and thereby
approves funding for the programs provided by the followiD9 ·
a980ciesl 'Monroe County Office of Substance Abuse, xey West
police Department, Monroe County Sheriff's Department, Life
center FoundatioD, and Pretrial Services, and that .
2. The Board authorizes the COunty AdmiDistrator with
siCJDature authority OD the Department of COmmunity Affairs Anti-
Druq Abuse Grant applications, and that <...
3. This resolution shall become. effective immediately UpOD
adoption by the Board of County Commissioners and execution by
the presidinq 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 26th day of May, A.D. 1993.
APPROV(;D AS T~ m~,\f d
AN lEGAL SUFFI y, Mayor Lon on
Mayor ProTem Cheal
commissioner Harvey
commissioner Freeman
Commissioner Reich
By
yes
yes
yes
yes
yes
DaM
t sealnAMiY L. KOLHAGE. Clp!1r
~~c.~"
Clerk
L SianatUft Paae
In witness whereo . the parnes nn they each ave read and agree to conditions set onh In this
agreement, have read and understand the agreement in its entirety and have executed this
agreement by their duly authorized officers on the day. month and year set out below.
Con'ectio,u includin strikeovus whiteouts de. on this a e are Ifof a.cu table..
IIII.t 0( f'1orida
DcpaJtment or Communi!)' JJfairs
Bureau of Public Safety Management
By: 'Q.QBA.[~~' ~
Title: Clayton H, Wilder, Community Program Administrator
Date: 10 \,.. V.. q :J
Sub grant Recipient
Authorizing Official of Governmental Unit
(Commission Chairman, Mayor, or Designated Representative)
By:
Title:
Date:
s W. Brown
County Administrator
{pho JCf ~
Implementing Agency
Official. Administrator or Designated Representative
By:
Title:
1l;~~r~
Director, Grants Management"-Department , .Monroe County'
t.?\'DJf7}~
Date: