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2005-CJ-K3-11-54-01-080 10/20/2004DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 26, 2004 TO: Salvatore Zappulla, Director Office of Management & Budget ATTN.• Dave Owens Grants Management FROM. Pamela G. Hanc Deputy Clerk �+ At the October 20, 2004, Board of County Commissioner's meeting the Board granted approval and authorized execution of the Certificates of Acceptance of Subgrant Awards between Monroe County and the Florida Department of Law Enforcement for the following Byrne Formula Grant Programs FY2005: Monroe Youth ChallengeProgram 4, Grant No. 05-CJ-K3-11-54-01-082, in the total amount of $60,000.00; Aacock Apartments Dual Diagnosed Offender Program 3, Grant No. 05-CJ-K3-11-54-01-080, in the total amount of $51,504.00; Family Treatment Drug Court Program 1, Grant No. 05-CJ-K3-11-54-01-081, in the total amount of $71,764.00; Boys & Girls Club Street S.M.A.R.T. Gang Prevention 4, Grant No. 05-CJ-K3-11-54-01-083, in the total amount of $53,894.00. Enclosed is a duplicate original of the Certificates of Acceptance of Subgrant Awards for each of the above -mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Administrator w/o documents County Attorney Finance File Florida Department of Law Enforcement Office of Criminal Justice Grants M/iiling Address: Office of Criminal Justice Florida Oepartment of Law En 2331 Phillips Road Tallahassee, Florida 32308 (850) 410-8700 FDLE Guy M. Tunnell Commissioner AUG L: 2004 The Honorable Murray Nelson Mayor, Monroe County Board of Commissioners 500 Whitehead Street, Suite 102 Key West, Florida 33040 ~ ~ o e9 ~ ~ Re: 05-CJ-K3-11-54-01-080 / Peacock Apartments Dual Diagnosed Offender Program 3 Dear Mayor Nelson: The Florida Department of Law Enforcement is pleased to award a Byrne State and Local Law Enforcement Formula Grant in the amount of $38,627 to your unit of government. These funds shall be utilized to implement a Byrne Program under Purpose Area 20A _ Corrections Alternatives - Halfway House. A copy of the approved sub grant application with the above referenced grant number and project title is enclosed for your file. All correspondence with the Department should always refer to the grant number and project title. Your attention is directed to Section G of the subgrant, "Acceptance and Agreement". These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. Also, you should review the enclosed Subgrant Award Certificate. This certificate contains important information that applies to this award. The enclosed Certificate of Acceptance should be completed and returns to the Department within 30 calendar days from the date of award. This certificate constit tes official acceptance of the award and must be received by the Department prior to the reimb sement of any project expenditures. Committed to Service . Integrity . Respect . Quality The Honorable Murray Nelson Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at (850)410-8700. Sincerely, ~~b~~r~ Community Program Administrator CHW/JP/mg Enclosures ," . State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 05-CJ-K3-11-54-01-080 in the amount of $38,627, for a project entitled: Peacock Apartments Dual Diagnosed Offender Program 3 for the period of 10/01/2004 through 09/30/2005, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's conditions of acceptance .and agreement and special conditions governing this subgrant. .~(~ October 20, 2004 (Signature of Authorized Official) (Date of Acceptance) Murray E. Nelson -rj r rr'1 CJ (Typed Name of Official) fl o ~ Mayor (Typed Title of Official) -"....... F-~ \,.,-' Monroe County (Name of Subgrantee) State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: AUG 2 2004 Grant Period: From: 10/01/2004 To: 09/30/2005 Project Title: Peacock Apartments Dual Diagnosed Offender Program 3 Grant Number: 05-CJ-K3-11-54-01-080 Federal Funds: $38,627,00 State Agency Match: Local Agency Match: $12,877,00 Total Project Cost: $51,504.00 Program Area: 20A Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P,L, 90-351, as amended, and the Anti-Drug Abuse Act of 1988, P,L. 100-690, to the above mentioned subgrantee and subject to any attached or special conditions, This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100.1D, Office of Justice Programs, Common Rule for State and Local Governments or OMB Circulars A-87, A-110 and A-21, in their entirety, It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P,L, 90-351, as amended, and P,L, 100-690, 05-CJ-K3-11-54-01-080 SUBGRANT AWARD CERTIFICATE (CONTINUED): This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Q,octu lA^ ~. ~f2u-; Author~Offlclal Clayton H. Wilder Community Program Administrator 8 - L -0 Y Date Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formu a GrantlPro I Please read instructions before completing this apPlica,ion. J U N - 7 Z ~+ · The term "Department", unless otherwise stated, refers to the Department of Law EnforJ::ement. · The term "OCJG" refers to the Office of Criminal Justice Grants. , · The term "subgrant recipient" or "subgrantee" refers to the governing body of a city, coun~;'state~agency;oran Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior. · The term "implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). It may also be an entity eligible to be a subgrantee (ex. City of Live Oak) · Instructions are incorporated in this document by reference. A. Sub rant Data 1. This section to be completed by Subgrantee Continuation of Previous Subgrant? 0 Yes 0 No If Yes, enter CJ Contract # of Previous Subgrant SFY 2004 CJ Contract # 2004-CJ-13-11-54-D 1-020 B. OCJG CFDA #: 16.579 Name of Subgrant Recipient (Unit of Government): Monroe County Board of County Commissioners Name of Chief Elected Official I State Agency Head: Murray Nelson Title: Mayor County Monroe City, County, State, Zip Code: Key Largo, Monroe, Florida, 33037 Area Code I Phone # 305-852-7175 SUNCOM # Address: 99198 Overseas Highway Area Code I Fax # 305-852-7162 Name of Chief Financial Officer: Danny L. Kolhage County Monroe Title: Clerk of the Circuit Court City, County, State, Zip Code: Key West, Monroe, Florida, 33040 Area Code I Phone # 305-292-3550 SUNCOM # Address: 500 Whitehead Street Area Code I Fax # 305-295-3663 E-mail Address: Name of Implementing Agency: Monroe County Board of County Commissioners Name of Chief Executive Official I State Agency Head / Subgrantee representative (if a subordinate agency of the subgrant recipient): Murray Nelson County Monroe Title: Mayor Address: 99198 Overseas Highway Area Code I Phone # 305-852-7175 SUNCOM # City, County, State, Zip Code: Key Largo, Monroe, Florida, 33040 E-mail Address: boccdis4@monroecounty-fl.gov Area Code I Fax # 305-852-7162 FDLE Byrne Formula Grant Application Package Grant Application Section 11- Page 1 OCJG- 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Project Director Name of Project Director: David P. Owens County (Implementing Agency Employee) Monroe Title: Grants Administrator Address: 1100 Simonton Street Area Code / Phone # 305-292-4482 City, County, State, Zip Code: Key West, Monroe, Florida, 33040 SUNCOM # E-mail Address: owens-david@monroecounty-f1.gov Area Code I Fax # 305-292-4515 5. Contact Person Name of Contact Person: same County (if other than Project Director) Title: Address: Area Code I Phone # City, County, State, Zip Code: SUNCOM # E-mail Address: Area Code I Fax # 6. Person Responsible For Financial Reporting (if known) Name: David P. Owens County Monroe Title: Grants Administrator Address: 1100 Simonton Street Area Code I Phone # 305-292-4482 City, County, State, Zip Code: Key West, Monroe, Florida, 33040 SUNCOM # E-mail Address: owens-david@monroecounty-f1.gov Area Code I Fax # 305-292-4515 7. Person Responsible For Programmatic Performance Reporting (if known) Name: David P. Owens County Monroe Title: Grants Administrator Address: 1100 Simonton Street Area Code I Phone # 305-292-4482 City, County, State, Zip Code: Key West, Monroe, Florida, 33040 SUNCOM # E-mail Address: owens-david@monroecounty-f1.gov Area Code I Fax # 305-292-4515 8. Service Provider Contact Person Name: Gary Lowe County Monroe Title: Administrative Director Address: 1320 Coco Plum Drive Area Code I Phone # 305-743-4129 City, County, State, Zip Code: Marathon, FL 33050 SUNCOM # E-mail Address: glowe663@bellsouth.net Area Code I Fax # 305-743-5137 FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 2 OCJG- 005 (rev. Apri/2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program C. Administrative Data 1. Project Title: Peacock Apartments Dual Diagnosed Offender Program 2. Identify the year of the project (I, II, III, etc.) III 3. Project period I Start: 10/1/04 I End: 9/30/05 D. Fiscal Data Remit Warrant to: (This may only be either the individual listed in B2 (Subgrantee CFO) or a designee in their office. If B2 is selected, do not reenter the contact information. This is on Iv needed for desianee. B2 xxx OR DESIGNEE Name: Title: Address: City, State, Zip Phone Number: 2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer Droaram? (Reimbursement cannot be remitted to any entity other than the subgrantee.) Yes xxx No 3. Frequency of Fiscal Reporting: Monthly_ Quarterly 1QQ! 4. Subgrant Recipient FEID #: 59-6000749 5. State Agency SAMAS #: 6. Project Generated Income (PGI): Will the project earn PGI? (See Section G, Item 9.) Yes !!! No - 7. Cash Advance: Will you request an advance? Yes_ Amount No !!! If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. Amount requested must be justified and accepted by FDLE. FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 3 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program E. Project Narrative 1. Problem Identification: Briefly describe a specific problem to be addressed with subgrant funds in terms of Problem Description, Problem Significance and Needs Assessment, as described in the application instructions. Continue narrative on a second page if necessary. Do not exceed two pages. Use a readable size font, per instructions. PROBLEM DESCRIPTION: Much has been written about the criminal of the Mentally III and the need for supportive housing as a cost-effective measure to reduce needless incarcerations and hospitalizations. Supportive housing for the mentally ill has proven to reduce the amount of Frequent Fliers. Frequent Fliers refers to the mentally ill that are caught in the cycle of jail, release to homelessness and back to jail. Jails are becoming the leading "mental institutions" of our counties. The criminalization of the mentally ill places an unfair burden onto the criminal justice system. This cycle is largely due to the lack of supportive housing for the dually diagnosed (mental illness and substance abuse). It is not uncommon br the dually diagnosed offender to be released into the community with five days of medication and nowhere to live. The risks are obvious. The mentally ill are often incarcerated for minor misdemeanor crimes. Reportedly, these crimes are often a result of their illness. They often do not understand the charges against them, and some are incompetent to stand trial. Sometimes their behaviors are influenced by their illness. Incarceration of the mentally ill person is considerably more expensive than it is for the average offender, since during incarceration, these offenders need ongoing mental health treatment and supervision. Intensive supervision is needed to prevent suicide attempts VIklile in jail, ensure medication management/compliance and to prevent victimization by the other prisoners. By releasing them into our community based offender supportive housing program, clients will have a safe residence, address their mental health issues, improve life skills, develop a treatment program that enables them to remain clean and sober, and become a productive member of our community. Mentally ill drug-dependent and alcohol-dependent offenders who are homeless, in jail for misdemeanor and felony charges, or awaiting trial or pending release on parole or probation would be better served in a supportive housing program. Diverting offenders into supportive housing gives the offender the resources to avoid unnecessary incarcerations and hospitalizations. PROBLEM SIGNIFICANCE: Monroe County has a tourist-based economy and is negatively impacted by this visible population. Homelessness, substance abuse, unemplo)fT1ent, loitering, panhandling, criminal activity, and health/hygiene/sanitation problems all negatively affect the tourism industry, as well as the life quality of our community. Recently the Fort Lauderdale Sun Sentinel published an award winning series "System Breakdown - Mental Illness and Justice (February 15-18, 2004). The articles state that jails are becoming a costly treatment for our mentally ill that would be better served in supportive housing. The costs of jails providing mental health treatment are costly and often unnecessary. FDLE Byrne Formula Grant Application Package Grant Application Section 1/ - Page 4 OCJG - 005 (rev. April 2004) Rule 11 D-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program NEEDS ASSESSMENT: Monroe County's Continuum of Care states that there are approximately 2,000 homeless people living in the county and that one out of fifty residents is homeless in Key West. To compound the problem, Monroe County has the one of the highest costs of living in the state. Housing rents are the highest in the state (2003 Continuum of Care and Southernmost Homeless Assistance League study). Reportedly, 30% of the homeless have mental illness and 10% of the incarcerated population suffer from mental illness. Mentally ill homeless residents with histories of substance abuse often become incarcerated. Upon release, many of these individuals become homeless and mentally unstable, especially when they are no longer on a medication regimen. We need to continue support for these offenders to avoid the expense to the community for needless incarceration. The National Alliance for the Mentally III, Florida Branch Director Fay Barnette, states: ''For every one person in a state mental hospital wth a severe mental illness, there are ten people with severe mental illness in county jails." By providing alternatives to prevent detention, jail and prison for persons who pose no danger to the community, we can reduce our mentally ill jail population. The present status of the nation has caused many foundations, as well as government agencies to cut back their support the work we do. We wish to continue our community service, aid the offenders we can, and save the community additional expenses by our preventive and curative program. We are developing a fundraising and donor program to offset loss of funds in order to continue this component. FDLE Byrne Formula Grant Application Package Rule 110-9.006 Grant Application Section II - Page 5 OCJG - 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram 2. Project Description: Briefly describe proposed project activities. Refer to Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You should include project goals, administration, enhancement/expansion, staff, service providers, clients or other participants, equipment, location, and expected project results, as described in the application instructions This section should address the basic points of who, what, when, where, and how. Continue on additional a es if necessa ; do not exceed three a es. CONTINUATION PROJECT The Peacock Apartments in Key West have 24 beds for formerly homeless, mentally ill residents of Monroe County. Eight beds are currently reserved for mentally ill adults who are addicted to alcohol or illegal drugs and have been charged with or convicted of misdemeanor or felony crimes, whom are not dangerous to the community. Peacock apartments provide affordable supportive housing for those with severe mental illness. There have been no major obstacles or significant changes in the program. 2. a. Project Enhancement and Expansion: This year the project will continue to provide 8 Byrne-funded supportive affordable beds. Eight to ten beds in all \Nill be occupied by dual-diagnosed offenders. We can reduce our mentally ill jail population. Our agency is an active participant in SHAL (Southern Homeless Assistance League) which addresses the needs of the homeless population and those at risk of becoming homeless. We work intensively with other social service agencies to provide services for the well-being of our clients. 2.8. The goals of the Program are: Immediate Goals: 1. To identify the potential client population, through contact with the case managers at the County Jail facilities, the case managers at The Care Center for Mental Health, The Guidance Clinic, The Crisis Stabilization Unit (DePoo Hospital), Pre-Trial Services and the Court System, including the Public Defender's Office. Upon assessment and acceptance to the program, referrals and treatment plans \Nill be formulated. To qualify for a residential bed, the candidate must be disabled due to ha'.4ng a chronic, serious mental illness, have a dual diagnosis of substance abuse or addiction, and be either charged or convicted of misdemeanor or felony crimes. They cannot be a danger to the community, or have a history of violent criminal or sexual aggression. 2. To provide 8 offenders with residential services, including affordable housing, utilities, furniture, cable TV, phone, camaraderie, transportation to NA/AA, supeNision, monitoring, referral to mental health treatment, referral to substance abuse treatment, random drug testing, liaison case management, and supervision of medication intake. 3. To provide referrals to other appropriate programs for offenders who do not meet our criteria. 4. To be available to provide supportive services to clients who successfully adhere to their treatment plan. SeNices to graduates of the program may include inclusion in social events at Peacock Apartments, assistance \Nith money management, and referral to other social agencies. FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 6 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram Long Range Goals 5. Economic sustainability a. To increase board participation, public awareness, and fundraising. b. To network with other agencies in increasing services to clients 6. To start an activity program that will generate additional income to lower client fees. 2. c. Treatment and Prevention Projects Not applicable. 2.d Multi-jurisdictional task force projects: Not Applicable 2.e. Project Staff Staff for the Peacock Apartments include the Administrative Director, Gary Lowe: Program Director, Claire Condra: Site manager Vacant at time of report (PT Ceri Walding): and four live on site Residential Staff. 2.G Project Location: Each resident will be provided a single bedroom in one our buildings, located at Poinciana Plaza, Key West, Florida. 2.h. Project Activities/Administration: 1. Level of care is based on least restrictive model. Clients are provided with liaison case management with mental health. We will provide as needed: limited transportation, assistance in scheduling of appointments, peer mediation, comraderie, assistance in daily living skills (grocery shopping, recreation, activities etc) supervision of medication regimen, and monitoring compliance of treatment plan., 2. Clients are given random drug tests at least once per month and whenever there is suspicion of use. Rooms are checked weekly. Staff continuously monitors clients. 2. i. Target Group Persons who are disabled due to having a chronic serious mental illness, have a substance abuse problem (a dual diagnosis) and have been charged or convicted of misdemeanor or felony crimes. Eligibility 1. Clients must not have a history of violence. 2. Clients must have a diagnosed mental illness, a history of substance abuse, a criminal history and must be under the case management of a mental health center. Clients must be under a treatment plan 3. Clients must have a funding source either from self, family, SSI, SSDI, VA, or may qualify for benefits from these sources. 4. Clients must have a criminal background check with no history of violence or sexual aggression. 5. If a previous resident, clients must be in good standing wth peacock Apartments. 6. Clients must have a medical treatment plan that recommends placement at ourfacility. 7. All clients must be capable of transitional living. They must be able to care for themselves. 2. j. Project Results The success of the project can also be judged by decreases in criminal activities (arrests), crisis stabilization, detoxification, and program non-compliance (termination). Success can also be measured by program compliance and successful graduation of program (e.g., becoming self sufficient, relocating and being provided aftercare services. FDLE Byrne Formula Grant Application Package Rule 110-9.006 Grant Application Section II - Page 7 OCJG- 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Part " Corrections Alternative - Halfway House State Proaram Area 20 This document provides guidance for project applications prepared for state program area 20. This includes suggested length of responses for some items as well as identifying specific information to be provided. The narrative should be as concise as possible. Please also see other guidance in application instructions. SECTION E: 2. PROJECT DESCRIPTION NEW PROJECTS If this is a first year project that begins a new 48 month cycle and you seek funding for the same previously funded state program area, please describe any significant changes in the target population, geographical location, and/or project activities in 300 words or less. This is a continuation project. CONTINUATION PROJECTS If this is year 2 or later for the project, please address the following items. 1. Briefly describe the major accomplishments for each year. CONTINUATION PROJECT "In the second year of operation the DDSHP has maintained 100% occupancy. There have been no major obstacles or significant changes in the program. In our second year of operation six out of nine residents had no arrests. During this years cycle no clients have required detoxification treatment. 2. Briefly describe any major obstacles that were identified the previous year and what approach to overcoming them is incorporated in the current year. "There were no major obstacles requiring program adjustment." 3. If there are any changes or enhancements planned for the current year, please describe them in 300 words or less, including how they will more effectively address the identified problem. We will continue to provide supportive services. In addition, we are starting to offer recreational activities for our clients. For instance, this year we have taken clients to concerts and bowling. In the upcoming year we plan to engage residents in more community inclusion activities (e.g., volunteer work). 4. If the project will continue to operate as previously established, provide any critical additional information that has not otherwise been addressed in the application in 300 oords or less. In the 2003-4 year we increased the number of clients to eight. It has become apparent that the dual-diagnosed clients take considerably more staff time in terms of need for services. NOTE: If your project includes only one service provider, complete the following information for this provider. If your project includes more than one provider, include this information for each provider that you list in the table, including questions in the talQet qrtoup section and the proiect activities section. FDLE Byrne Formula Grant Application Package Grant Application Section 11- Page 8 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SERVICE PROVIDER / PERSONNEL 1. Identify the service provider agency that will be part of this project. The United States Fellowship of Florida (USFF) will operate the program 2. Be sure to include the following information if the provider is known: a. List the Service Provider Name The United States Fellowship of Florida (USFF). b. Identify the Service Provider's administrative location. USFF Administrative functions are located at the Heron House 1320 Coco Plum, Marathon, FL 33050. The administration of day-to-day activities of the Dual Diagnosed Offender Program is the Peacock Apartments 1624 Spalding Court Apt D, Key West 33040 c. Will the relationship of the Subgrantee or Governmental Implementing Agency to the Service Provider be a contractual one? Yes Or are they administratively part of either the subgrantee and/or implementing agency? No d. Does the agency providing the proposed service require a license? Peacock apartments has an occupational license but is not required to have aDept. of Children and Families licensure, since therapeutic services are provided off-site. e. List all licenses the Service Provider will use in providing only the services through this contract. Do not list all other licenses the Service Provider holds. N/A (no treatment provided by USFF). 3. If the relationship with the service provider is contractual, will you use competitive bids or sole source procurement? The applicant should note that if sol,e source procurement is used, and the budgeted amount is greater than $100,000, pre-approval must be obtained from FDLE prior to the reimbursement of funds. Sole Source Procurement 4. If service provision occur at more than one location and/or at a location other than the one identified in item 2 above, please specify all service location addresses. All supportive housing activities take place at Peacock Apartments. 5. Identify the role(s) of key personnel by title and provide a brief description of their primary responsibility. These individuals mayor may not be grant funded but provide project activities that are eligible for Byrne Program funding and that establish the "program" your will be reporting on in the quarterly performance reports. For example, if you only purchase drug prevention education materials, you would identify personnel, such as a crime prevention officer, who conducts project activities such as classes using the materials. a. List position title, job description (list only key tasks) and agency. Program Director: Oversees funding and administration. Program Administrator: Overseas daily program activities. Site Manager: Provides direction, overseas daily operational tasks, keeps records and monitors clients Residential Staff: Maintains/provides supportive services for clients and monitors clients behaviors. May include transportation Transport Driver: Transports clients to GCMK in Marathon b. Indicate the number of staff who will provide project activities. FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 9 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram Site Manager, transport driver and 4 residential staff c. Specify whether positions are Agency or Contract staff. All staff are agency positions d. Indicate whether positions will be funded with project funds. Yes. See Budget Narrative 2. e. Specify whether positions provide services under a Service Provider's license. N/A f. Indicate whether positions require a license for individuals providing project services. N/A g. If any license is required, specify the status of the license. Indicate "YES" if the license is current (or you may indicate "Pending"). However, if your response in column 6 or 7 is ''YES'' and your response in column 8 is "NO", you must provide an explanation. TARGET GROUP Identify the basic demographics of your target group. Include age range and gender. Adult substance abuse offenders who are also diagnosed with mental illness. Estimate the number of participants. If the project includes multiple components or activities and not all participants will be included in each, please discuss briefly the differences. The program will provide supportive affordable housing for approximately 8 clients. In 300 words or less, respond to the following items regarding the selection of clients for treatment. a. What is the clients' link to the criminal justice system and how do they meet the requirement for being offenders? For example, have they committed a misdemeanor, felony or both? If juvenile, have they been processed at a Juvenile Assessment Center? If they will be accepted based on referral by an organization such as a court or law enforcement agency, include that information as well. All of our current clients have criminal and substance abuse record and under the care of a mental health case manager. The clients are being referred to Peacock from OePoo, Heron, and detention (Care Center). Their criminal histories include felonies and misdemeanors. All clients come recommended to our program with a physicians referral. b. List all other criteria that clients will be required to meet in order to qualify for selection. If activities will be provided for family or significant others, please include them as 'v\ell. If either specific age groups, or school categories (Le., second grade, high school) will be used as categories, that information should also be included. 1. Clients must not have a history of violence. 2. Clients must have a diagnosed mental illness and under the case management of a mental health center. Clients must be under a treatment plan 3. Have a funding source either from self, family, SSI SSDI, VA or may qualify for benefits from these sources. 4. Criminal background check with no history of violence 5.lf a previous resident, be in good standing with peacock Apartments. 6. Medical treatment plan recommending placement at one of our facilities 7. Have a criminal and substance abuse history. c. Identify by position title(s) the individuals that will determine client eligibility. The program administrator and site managers do the screenings, intake procedure FDLE Byrne Formula Grant Application Package Grant Application Section 11- Page 10 Rule 110-9.006 OCJG _ 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program The program administrator and site managers do the screenings, intake procedure and determine eligibility to the program ACTIVITIES 1. If your project does not stand alone, but is part of an existing program, please describe this relationship. Dual Diagnosed offenders live in the Peacock apartments. The Peacock Apartment program is almost the same for all clients (affordable supportive housing). The main difference is that the Dual Diagnosed Offender clients must have a substance abuse problem, a criminal history, tend to require more staff support and are randomly drug tested per month. 2. Please indicate the activities your project will provide. Select from the following list of commonly funded activities or add additional activities, as appropriate. Note: Please be consistent beM.een activities you select from the list and the Objectives and Performance Measures on which you will be reporting: Common Treatment Proiect Activities Medical Assessment Psychosocial Assessment Treatment plans X* Intake and ScreeninQ X* Case Management X* DruQ Screenina I Testing X Educational programs for relapse prevention AN NA Counseling Vocational TraininQ Transportation X* Court Liaison Offender Trackina Individual Theraov Group Therapy Family Theraoy Short-Term CounselinQ Diaanostic Activities Meals X Referral to community resources X* Residential Services X Other X* activities are done on an as needed basis and often in liaison (supplemental) with primary mental health treatment plan. For instance our staff monitors compliance to Mental Health's treatment plan and reports directly to their mental health case manager any concems. We sometimes monitor Alcoholics Anonymous attendance, life skills (c1~anliness, hygiene, chore routines, etc.), and report significant behaviors to mental health case managers. Assistance in scheduling and providing transportation is critical in linking clients to services. Dual Diagnosed offenders are encouraged to participate in Peacock Apartment acti~ties. These activities, by nature, are relatively risk free of drug use and promote alternative drug free activities FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 11 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 3. Provide the following information for all proposed project activities and/or events listed in response to item 3 above. Previously outlined a. Describe the project activity. b. Define the unit of measurement for this activity. (Ex. one hour group counseling for 10 clients) c. Estimate the frequency that the project will perform this activity. d. Estimate the number of participants that will engage in this activity. e. Estimate the number of defined units that the project will provide. Treatment plan: a. description: Although treatment is not provided on-site, a plan is prepared for each resident. The plan outlines the resident's condition, treatment needed, frequency, medication schedule, appointments, etc. b. one unit = one plan c. frequency = at intake, and updated as needed. d. number of participants = 6 e. number of units to be provided = 6 Intake and screening: a. description: This includes detennination of eligibility, criminal background check, psychiatrist's case summary, recommendations, and notes. b. one unit = one intake/screening c. frequency = once for each new client d. number of participants = 6 e. number of units to be provided = 6 Case Management: a. description: Ongoing evaluation and planning for client to be successful in our program. b. one unit = one hour c. frequency = Nonnally almost daily, but at least \M3ekly. d. number of participants = 6 e. number of units to be provided = 624 Drug screening/testing: a. description: standard urine test for illegal drugs b. one unit = one screening/test c. frequency = random, but at least one per month for each client d. number of participants = 6 e. number of units to be provided = 72 Referral to educational programs: a. description: programs such as vocational training b. one unit = one referral c. frequency = normally on intake/screening, or as needed d. number of participants = 6 e. number of units to be provided = 6 Transportation: a. description: residents are driven to appointments at mental health clinics, primarily; also includes grocery Shopping and other necessary trips b. one unit = one trip FDLE Byrne Formula Grant Application Package Rule 110-9.006 Grant Application Section II - Page 12 OCJG - 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program c. frequency = as needed d. number of participants = 6 e. number of units to be provided = 624 (assumes 2 trips per client per week) Meals: a. description: delicious and nutritious meal b. one unit = one meal c. frequency = one per day per client, unless client chooses to prepare his or her own meals d. number of participants = 6 e. number of units to be provided = 1,820 Residential Services: a. description: assistance with activities of daily living b. one unit = one day of assistance c. frequency = daily d. number of participants = 6 e. number of units to be provided = 1,895 In 200 words or less, respond to the following items regarding the treatment services. Not Applicable a. What is the expected length of treatment? b. Are there different phases of treatment? If so, please describe. Briefly describe what is considered successful completion of the program and how it will be measured. This should include whether it is time, acti'.1ty or content based. For example, successful completion for an individual could be attendance at all classes included in the program, staying drug-free for 90 days following completion of the treatment plan. Program success is measured by decrease in hospitalizations, detoxification's, crisis stabilization's, arrests/incarcerations, and ability to comply with program rules. What happens if someone does not successfully complete his or her treatment? If this includes expulsion, list the criteria. Expulsion can be done on non cOfT1lliance to medical treatment plan, failure to comply with program rules (e.g., substance use and violence) and inability to pay client fees. Executive Director or Program Director responds to all grievances in writing within 3 working days. If possible a behavioral contract is implemented to prevent expulsion. Will sanctions and/or incentives be used to encourage completion and compliance with the treatment plan? If yes, respond to the following. Yes a. Identify and describe all sanctions and/or incentives Incentives to comply with many aspects of client's treatment plans are an integral part of the housing milieu. A major incentive to comply with our rules is the low cost of our housing. The structured, supportive environment is also an incentive for our clients to remain stable. For rule violations, offenders will receive a three-day notice to comply and a new service plan or behavior contract. Repeated violations or serious violations will result in eviction. b. Describe when and how they will be used. Sanctions and incenti\es are utilized as needed, according to standards. If the program is a Drug Court Offender Community Treatment program, describe how the program will comply with the 10 key elements outlined in the U.S. Department of Justice, FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 13 OCJG - 005 (rev. April 2004) Rule 11 D-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. In addition, note Section G ofthe contract regarding requirements for collection and maintenance of data. N/A If any special training is planned for personnel at any level, please identify this training and describe how it will further the operation of the project. Also identify the position or types of positions that would attend such training. All personnel receive training that includes limited mental health, HIV, CPR, First Aid, Food Service/Nutrition, Assistance with Medications, the Community Transportation Coordinator, and emergency procedures. If equipment purchases will be a significant part of the project funding, describe how this equipment will be used in project operations. N/A COOPERATING OR PARTICIPATING AGENCIES 1. List all the agencies and/or organizations participating in project implementation or whose cooperation and/or support are necessary for the success of your project. Mental Health, social services, Southernmost Homeless Assistance League etc. This population requires a team approach with a multitude of social service providers. 2. Describe the role of each agency / organization. Mental Health case managers' assist in scheduling interface with other providers. USFF staff provides additional support enabling clients to adhere to appointments and treatment plans. Our staff helps clients in transportation, organization, scheduling/making appointments, assistance in filling out forms, etc. Mental health provides treatment plan for all of our clients. Services may include day treatment, assessments, psychiatric monitoring, obtaining benefits and therapy. 3. Have you obtained a commitment br support from each listed agency /organization? If it has not been obtained, describe how this will be accomplished. We work closely with Mental Health case managers. Copies of mental health treatment plan are frequently updated, reviewed and kept on site. OTHER KEY INFORMATION In 400 words or less, provide any other key information regarding the program that has not been addressed previously in the application. This should include identifying any other Byrne-funded project/activity/client that overlaps with this request. FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 14 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 3. Proaram Obiectives and Performance Measures: Up to three types of objectives may be included in this section of your subgrant application, Le., Uniform Objectives, Project-Specific Objectives and Self-Generated Objectives. If you are proposing a project in one of the Authorized Program Areas with no Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 41 0- 8700 for further uidance. Continue on a second a e if necessa . a. List the number and title of the Program Area to be addressed. Refer to Appendix II, Part II, for a listing of authorized program areas. (Select only 1 Program Area) 20A Corrections Alternative - Halfway House (#) (Title) b. List Uniform Objectives first, followed by any other appropriate objectives you may wish to address. If additional objectives are included, please identify whether they are Project Specific or Self-Generated Objectives. Uniform and Project Specific Objectives form the basis for collection of data and quarterly performance reporting. 20A01 Uniform Obiectives (Mandatory, copy as worded for the program area addressed and include all appropriate questions. Include Objectives from only 1 program area, Objectives from a different program area could be included as Pro'ect S ecific Ob'ectives . Provide eight (8) offenders with transitional housing. Part 1 - During this reporting period, how many offenders were NEW ADMISSIONS and/or READMISSIONS to transitional housin ? Provide eight (8) offenders with case management services and daily structured activities. Part 1 - During this reporting period, were most offenders provided with case management services? Part 2 - During this reporting period, were most offenders provided with daily structured activities? Provide eight (8) offenders with short-term individual and group supportive life skills counseling. Part 1 Durin this re ortin eriod, were most offenders rovide . Numeric 20A02 Y/N 20A03 Y/N . ? PS01 - Provide eight (8) offenders with monthly random drug tests. FDLE Byrne Formula Grant Application Package Grant Application Section II. Page 15 OCJG - 005 (rev. April 2004) Rule 110-9.006 ApplicaL,on for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Activity Implementation Schedule. Complete the Activity Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for reports with mandatory due dates for all projects. Place an additional "X" to indicate times applicable to your project, as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your Quarterly Performance Reports will be reviewed against this schedule. Oct 1.2004 throuah SeDt 30. 2005 Subgrant Period (Beginning Date - Ending Date) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Submit Financial Reimbursement X X X X Requests Submit Financial Closeout Package Submit Quarterly Program Reports X X X X (05) (05) (05) (05) Submit Quarterly PGI Reports (If applicable) Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Oescription ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Interview, assess. background screen X X X X X X X X X X X X and evaluate for our program Referral of client into our project, or to X X X X X X X X X X X X altemate project Provide case management, monitoring, X X X X X X X X X X X X drug test, and treatment planning Discharge planning and coordination * X X X X X X X X X X X X Follow up services * X X X X X X X X X X X X FDLE B me Formula Grant A Grant A Iication Section 1/ - Page 16 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. b. Enter the amount of federal, matching, and total funds by budget category that you will use to support project activities. Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total Budget. c. Show all figures rounded to the next highest dollar; do not include cents. (Example $4,505.25 as $4,506). Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And Benefits Contractual Services 38,627.00 12,877.00 51,504.00 Expenses Operating Capital Outlay Indirect Costs Totals 38,627.00 12,877.00 51,504.00 FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 17 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Bud et Narrative a. The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Indirect Costs). The Total Project Costs should be included. b. You must describe the line items for each applicable budget category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. Continue on additional a es if necessa . Please respond to the following five items before providing the details of the Budget Narrative. 1. Source of match must be cash and represent no less than twenty-five (25) percent of the project's cost. a. Identify your specific sources of matching funds. Monroe County General Revenue fund. b. Is match available at the start of the grant period? yes c. If match will be provided from a source other than the subgrant recipient or the implementing agency, how will the match be tracked and verified? (The subgrantee is responsible for compliance.) nfa 2. If Salaries and Benefits are included in the budget as Actual Costs br staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial }ear? No: If no, please explain. If yes, please list number and title of position and type of benefits. 3. Indicate the OCO threshold established by the subgrantee. $ 750.00 Yes: xx 4. If Indirect Cost is included in }Our budget please indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Nfa 5. If the budget includes services based on unit costs, be sure to provide a definition and cost for each service as part of the budget narrative for contractual services. Provide the following information. a. What is the basis for the unit costs? FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 18 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram U.S. Fellowship of Florida Budget Salaries 181,000.00 Payroll Taxes 22,175.00 Employee Benefits 13,150.00 Insurance Utilities Occupancy Office Expense Food related expense Resident activities Travel Training Auto Misc. Total 75,409.00 63,500.00 76,423.00 11,300.00 91,000.00 11,000.00 6,434.00 3,000.00 5,500.00 1,901.00 561,792.00 Peacock Apartments has 24 beds out of40 total U.S. Fellovvship beds. 561,792 X 24/40 = 337,075.00 rounded Annual budget of Peacock Apartments, if 24 beds Divided by 22 beds/units (90% occupancy) equals Cost per bed per year rent paid by each client per month x 12 net cost per bed per month net cost per bed per day 337,075.00 15,322.00 per bed/unit year, rounded 15,322.00 5,400.00 9,922.00 27.18 1,895 days at 27.18 = 51,504.00 Total Amount Requested Byrne Grant funds County Match 51,504.00 38,627.00 12,877.00 Purchasing methods to be used vvill conform to existing Federal, State, and Locallavvs and regulations. Monroe County will contract with U.S. FellolJllShip of Florida, Inc. for this project. b. How recently was the basis established or updated? 4/17/04 FDLE Byrne Formula Grant Application Package Rule 110-9.006 Grant Application Section 1/ - Page 1 9 OCJG - 005 (rev. April 2004) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program G. Conditions of Acceptance and Agreement Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 16 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and Byrne Program Guidance Document as well as Florida laws and regulations including the Florida Administrative Code Chapter 11 D-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financia/ Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circular A-87, "Cost Principles for State. Local and Indian Tribal Governments", or OMB Circular A-21, "Cost Principles for Educational Institutions". b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Loca/ Governments, or OMB Circular A-11 0 and Florida law to be eligible for reimbursement. 3. Reports a. Project Performance Reports (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgranttermination date. In addition, if the subgrant award periOd is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16 of Section G, performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient shall submit either monthly or quarterly claims in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 20 OCJG- 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (4) Before the "final" claim will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by OCJG. b. All contractual expenditures and cost accounting of funds shall conform to OJP Financia/ Guide, U.S. Department of Justice Common Rule for State and Loca/ Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-110, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department justifying the need for such funds. This request, including the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period. 8. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds. 9. Travel and Training a. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain written approval from the Department for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. Subgrant recipients shall obtain written approval from the Department for reimbursement oftravel costs for field trips that were not listed in the approved project description and budget. b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. FDLE Byrne Formula Grant Application PaCkage Grant Application Section 11- Page 21 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206- Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-11 O. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Audit a. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules ofthe Florida Auditor General. b. A complete audit report that covers any portion ofthe effective dates ofthis agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. FDLE Byrne Formula Grant Application Package Grant Application Section 1/ - Page 22 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program d. The subgrant recipient shall take appropriate corrective action within six (6) months ofthe issue date ofthe audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification, which can be in the form of the "Certification of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 16. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension ofthe agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 17. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to OCJG, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date ofthe project past the ninety (90) day period, but only by formal written amendment to this agreement. 18. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts ofthe government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or FDLE Byrne Formula Grant Application Package Grant Application Section 11- Page 23 OCJG - 005 (rev. April 2004) Rule 110-9.006 . ' Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount oftransferdoes not exceed ten (10) percent ofthe total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, Le., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. Ifthe subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any oftheir duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of FDLE Byrne Formula Grant Application PaCkage Grant Application Section II - Page 24 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 11 g, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign Section I. Signature Page, have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has authority to submit requests for approval of specific travel, Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuantto Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 25 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non- Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 26 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program b. The subgrant recipient and the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format. If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101- 336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local govemment services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a( e), Section 274A(e) ofthe Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 27 4A( e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 OO-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 27 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbvinq Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 38 of Section G, Conditions of Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. "Pay -to-Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 41. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 28 OCJG- 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site( s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 1. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that ant residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and 9. Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 29 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 42. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by contacting OJP's Office for Civil Rights at (202) 307- 0690, or by writing to the following address: Office for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 FDLE Byrne Formula Grant Application PaCkage Grant Application Section II - Page 30 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE CERTIFICA TION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select one of the following): xx Meets Act Criteria _Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient. . . (Select one of the following): ~Has a Current EEO Plan _Does Not Have a Current EEO Plan Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgran~de I assistance is approved or face loss of federal funds. - / ~c../ Signature of Subgrantee Authorized Official Type Name: James L. Roberts Title: County Administrator Subgrant Recipient: Monroe County Board of Countv Commissioners Date: ~II/ 0 y FDLE Byrne Formula Grant Application Package Grant Application Section 11- Page 31 OCJG - 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program IMPLEMENTING AGENCY CERTIFICA TION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that this Implementing Agency. . . (Select one of the following): xx Meets Act Criteria _Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency. . . (Select one of the following): xx Has a Current EEO Plan Does Not Have a Current EEO Plan Is Included in the EEO Plan of the Subgrant Recipient. Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal ass'stance is approved or face loss of federal funds. ~~ Signature of Implementing Agency Authorizea Official Type Name: James L. Roberts Name of Subgrant Recipient: Monroe County Board of County Commissioners Name of Implementing Agency: Monroe County Board of County Commissioners Title: County Administrator Date: ~ (lib l./ FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 32 OCJG - 005 (rev. April 2004) Rule 110-9.006 RESOLUTION NO. --1.91 - 2004 OMB/Grants A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY , FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT J=OR THE FISCAL YEAR 2005 EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT I1'ROGRAM WHEREAS, the Florida Department of Law EnforCement has announced the Fiscal Year 2005 funding cycle of the Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program; and WHEREAS, on April 21,2004, the Monroe County Board of Commissioners agreed to serve as the coordinating unit of government in the preparation of the grant proposals and in the distribution of funds allocated to Monroe County in the amount of $177,870.00 with a $59,291.00 cash match requirement; and WHEREAS, the Monroe County Substance Abuse Policy Advisory Board, with concern given to the County's current drug control efforts, has recommended certain programs receive funding to provide the community with activities focused on drug and alcohol education, prevention, rehabilitation, and treatment; now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The Board of County Commissioners concurs with the Monroe County Substance e Policy Advisory Board's reco mendations; and that 2. " . that 3. esolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of May, A.D., 2004. ~~7~ ?~ ,'<< -~\ ... ~:%~'{,"c"(:r .~,~" ~-i: ....:::-.......-...--,'..... .,.~-.. tr';~', ,~. >' C-_J I .......,..!.':\\ .f. (,/~' ,.,.. ""-k~ .0,':.....,\ 1/'>"" ,- ~v .J'fO'l) .0," -:" l(;';', ~:J" .C_>, ..\' "; TI .' I" ,,' '.' .. , ',..:: . - ". 0"" .' ,.<', \!~ r. ~'. _...,1. \\~.; \'....'- '-.:.-1 r<: \ , .'~ - Mayor Murray Nelson Mayor Pro T em Rice Commissioner McCoy Commissioner Neugent Commissioner Spehar -yes>- _yes ,_ _yes _ yes yes , (Seal)'}"i,:' . :."':.' .....:." :,,:-Tr- Monroe County Board of Commissioners Attest~a.L.LC.~~' By: ~ (~ Clerk of Court j\A"'Noor.:r-I"/".'f'i '"1"[(,;)1,.- i Mayor ,(I U I!, _.. U.. !...j . 1"'1, ',i!',. ,_ \ , P~c<:;?m-_ . ZM\if\[:" hi.' neN ASSISTM,T CO,/1' Y ~,WflriEY Dale____.___ 6j()~/t7'T '3 ).(r Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program H. Signature Page In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: (]Q,~~. IMlMA""- Typed Name and Title: Clavton H. Wilder. Community Proqram Administrator Date: 8" - '2. - t.) V Typed Name of Subgrant Recipient: Monroe County Board of County Commissioners :J ~-~':,. Signature: Typed Name and Title: James L. Roberts. County Administrator Date: (p I " 0 L{ Typed Name of Implementing Agency: Signature: ~ /~? Typed Name and Title: James L. Roberts. County Administrator '/1/ 0 ~ Date: FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 33 OCJG - 005 (rev. April 2004) Rule 110-9.006