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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. "? - '-11 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 -. -c:::: ........, Mayor London Mayor ProTem Commissioner Commissioner Commissioner Cheal Harvey Freeman Reich ::::> $ ;:rYes --absent ....,..., <. -v ~ . yes N c-- yes Ui Ul yes N \C f-, "-:"--':' 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 --~-~ ~- 4~~~~~U 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 $62,400, for a project entitled: Drug Diversion and Treatment Program for the period of 10/01/93 through 09/30/94, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of aqreement and soecial conditions governing this subgrant. (Signature of Authorized Official) (Date of Acceptance) (Typed Name and Title of Official) DCA-CJ Form 1 (June, 1985) ATTEST: DANNY L, KOLHAGE, CLERK By Deputy Clerk TO Fr- ,....} B \ a. ') "" Sub -- - ~ ,.--. State or Florida ," . :" ' Department of CommunJty An-ain ' , . Bureau Of Public Safety Management .', Jication for Federal Anti-Dru Abuse Act Funds DCA Contract Number: 94-CJ-1Z-11-54-0l-132 UNIQUE 10 NO. 93-132 PA 13B A. Names & Addresses , 1. Continuation of Previous Subgrant? (Check One) Ye.s NoX . 2. Prel.ious Subgrant. State Project ID Number (UYes In I. Above). r 93 I - [ CJ l - I - I I - I I - I I - ( 3. SubgrantRecipient. Monroe County Board of Commissioners Chief Elected Omcial~ Jack London Title: Chairmqn, Monroe County Board of Commissioners Address: The Alamo Office Building . Summerland Key, FL Zip Code: 33042 Area Code And Telephone Number Area Code And Fax Phone Number ~~ '.' ,~;. (305) 745 ' 1554 (305 )292/4401 /-?, ( .c. Chief Financial Officer~ Chief Financial Officer: Danny Kolhage Tille: Clerk, Monroe County Address: 500 Whitehead St Zip Code: . Key West, FL 33040 Area Code And Telephone Number Area Code And Fax Phone Number oJ -<305 )294 1 4641 (305 )296 1 1864 5. Implementing Agency. (Government Agency Responsible for Project) Ch$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 ... , , ,. 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 ; ... -..,.~'.. '~ ~~ "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? .. (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 . '. - 12. SAMAS #:I (Enter if you are.a state agency): ,. 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 .; '". \~;~- l: 14. \\'iII the Project Accrue Project Generated Income? (Su Section H 14,jor a definition oj "Program Income.'') <.~ ( (Check One) Yes-L No i" .. 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 -' ~- '. ..-i~:. - rage "'- 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. .. 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. . ~." ~-r.i.' " 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. . .. 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. "~'.: .-4 -'" ~ 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. ..... .. 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 - Operating Capital . Outlay Data Processing ~ : lndirect Costs Totals $62,400.00 $20,800.00 $83,200.00 ;- \- ...~,;.- "...,.;.,. r~~ f oJ .. 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.' ~ :. \" l,~~ Consumable office supplies and postage at $450. "~'J ( 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 ./ ;... ,';-i- ,.~, ( 4 , , 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). ..... 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, ~ '.' \.~t:'. J 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". ~ , 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. . . . :.. v~ "~~n 4 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. , 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, , '~"\. ll~ -...'" . 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: /.u , .. 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. ./ ",,:.~. .. 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) --'!' ".U f ~ 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'" /~;., < / . 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 ,)~; ~! .'.. ...:1- ,..:,"::;~~ " )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 "." ., . .. \ . \. -:.,....Il....'... . '" ...~-," ,~,':...;.t..l., . ~y..-:~~"L..~.. .,'..:~ 39 .~... r .. - ~ '. 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: