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2005-CJ-K3-11-54-01-081 10/20/2004 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 26,2004 TO: Salvatore Zappulla, Director Office of Management & Budget ATTN: Dave Owens Grants Management Pamela G. Hanc-~ Deputy Clerk t:P FROM: 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 Challenge Program 4, Grant No. 05-CJ-K3-11-54-01-082, in the total amount of $60,000.00; Peacock Apartments Dual Diagnosed OJ'ender Program 3, Grant No. 05-CJ-K3-11-54-01-080, in the total amount of $51,504.00;t/'amily 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 Mailing Address: Office of Criminal Justi Florida Oepartment of La 2331 Phillips Road Tallahassee, Florida 32308 (850) 410-8700 FDLE Guy M. Tunnell Commissioner AUG 4 2004 The Honorable Murray Nelson Mayor, Monroe County Board of Commissioners 500 Whitehead Street, Suite l02 Key West, Florida 33040 Re: 05-CJ-K3-ll-54-0l-08l/ Family Treatment Drug Court Program 1 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 $53,823 to your unit of government. These funds shall be utilized to implement a Byrne Program under Purpose Area 13D _ Drug Court - Treatment. A copy of the approved subgrant 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 A ward Certificate. This certificate contains important information that applies to this award. The enclosed Certificate of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement 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, C~~~i::; ~ Community Program Administrator CHW/JP/mg Enclosures 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 4 2004 Grant Period: From: 10/01/2004 To: 09/30/2005 Project Title: Family Treatment Drug Court Program 1 Grant Number: 05-CJ-K3-11-54-01-081 Federal Funds: $53,823.00 State Agency Match: Local Agency Match: $17,941.00 Total Project Cost: $71,764.00 Program Area: 13D 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 and A-87, or OMB Circulars A-110 and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100-690. 05-CJ-K3-11-54-01-081 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. QQ~~~. ~ AuthorizJd Offlclal Clayton H. Wilder Community Program Administrator '8" - '2 - l> '-l Date 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-K3-11-54-01-081 in the amount of $53,823, for a project entitled: Family Treatment Drug Court Program 1 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. ;~4~~ (~ \1 (Signature of Authorized Official) October 20. 2004 (Date of Acceptance) Murray E. Nelson (Typed Name of Official) C-) . Mayor (Typed Title of Official) ':::Jc 1''' 0\ (':':"1 Monroe County (Name of Subgrantee) c=:..::.:. ~~-~- -<('"')-... . :-1:;:':- -., .......... r r )> c:> U1 0:' ::.0 '2.-.:J ;:0.. (':....c czJr..- ,:: ':, .~; Ja:3._~,_,_... _ /ofldr":T" . Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Please read instructions before completing this applicatio ED JUN - 8 2004 . The term "Department", unless otherwise stated, refers to the Department of Law Enforce MlcEOfCRIMINALJU~TIC G The term "OCJG" refers to the Office of Criminal Justice Grants. ... E RANTS The term "subgrant recipient" or "subgrantee" refers to the governing body of a city, county, state agency, or an 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 ofthe 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. SubQrant Data 1. This section to be completed by Subgrantee 2. This section to be completed by OCJG Continuation of Previous Subgrant? 0 Yes 0 No r4~ject ID # I Progrt~ ,p,rea #: I CFDA #: 16.579 If Yes, enter CJ Contract # of Previous Subgrant o -oB I SFY 2004 CJ Contract # SFY 2005 CJ Contract # 2004- CJ - - - - - 2005 - CJ ~ -LL ~ -01.-~ - --- - B. Applicant Information 1. Subgrant Recipient {Subgrantee} Name of Subgrant Recipient (Unit of Government): Monroe County Board of County County Commissioners Monroe Name of Chief Elected Official/State Agency Head: Murray Nelson Title: Mayor Address: 99198 Overseas Highway Area Code / Phone # 305-852-7175 City, County, State, Zip Code: Key Largo, Monroe, Florida, 33037 SUNCOM # E-mail Address: boccdis4@monroecounty-f1.gov Area Code / Fax # 305-852-7162 2. Chief Financial Officer of Subgrant Recipient (Subgrantee) Name of Chief Financial Officer: Danny L. Kolhage County Monroe Title: Clerk of the Circuit Court Address: 500 Whitehead Street Area Code / Phone # 305-292-3550 City, County, State, Zip Code: Key West, Monroe, Florida, 33040 SUNCOM # E-mail Address: Area Code / Fax # 305-295-3663 3. ImplementinQ Agency Name of Implementing Agency: Monroe County Board of County Commissioners County Name of Chief Executive Official/State Agency Head / Subgrantee representative Monroe (if a subordinate agency of the subgrant recipient): Murray Nelson Title: Mayor Address: 99198 Overseas Highway Area Code / Phone # 305-852-7175 City, County, State, Zip Code: Key Largo, Monroe, Florida, 33040 SUNCOM # E-mail Address: boccdis4@monroecounty-fl.gov Area Code / Fax # 305-852-7162 FDLE Byrne Formula Grant Application Package Grant Application Section II - 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. Proiect 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 SUN COM # E-mail Address: owens-david@monroecounty-f1.gov Area Code / Fax # 305-292-4515 5. Contact Person Name of Contact Person: same County (if other than Project Director) Title: Address: Area Code / Phone # City, County, State, Zip Code: SUNCOM # E-mail Address: Area Code / Fax # 6. Person Responsible For Financial Reporting (if known) Name: David P. Owens County 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 / Fax # 305-292-4515 7. Person Responsible For Proarammatic Performance Reporting (if known) Name: David P. Owens County 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 / Fax # 305-292-4515 8. Service Provider Contact Person Name: Debra Genners County Monroe Title: Chief Operations Officer Address: 1205 Fourth Street Area Code / Phone # (305)292-6843 City, County, State, Zip Code: Key West, Monroe, FL 33040 SUNCOM # (305)464-6843 E-mail Address: debra.genners@care-center.org Area Code I Fax # (305)292-6723 FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 2 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 C. Administrative Data 1. Project Title: Family Treatment Drug Court Program 2. Identify the year of the project (I, II, III, etc.) new 3. Project period I Start: 10/01/04 I End: 09/30/05 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 only needed for desionee. B2 XX 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 DrOQram? (Reimbursement cannot be remitted to any entity other than the subgrantee.) Yes XX No 3. Frequency of Fiscal Reporting: Monthly_ Quarterly XX 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 XX 7. Cash Advance: Will you request an advance? Yes_ Amount No XX 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. This program addresses the outpatient substance abuse treatment needs of domestic abuse offenders. The problem is significant because it affects more than just the offender. The whole family feels the effects of the offender's substance abuse problem, physically, mentally, and economically. The demand for outpatient substance abuse treatment in Monroe County far exceeds the County's capacity. The Florida Department of Children & Families (DCF) indicates that there are about 864 reports of abuse and neglect per year in Monroe County. DCF estimates that 75% of the reports have substance abuse involvement. Of the number of reports made, about 143 cases are filed in Dependency Court each year. An estimated 205 children in the state of Florida, die each year as a result of child abuse. Despite the Dependency Law Intent, noted in Florida Statute 39.001, to provide for the care, safety, and protection of children in an environment that fosters healthy social, emotional, intellectual, and physical development, there are no identified funding sources to support a Drug Court Model for the Substance Abusing Dependency Court participants in the Middle and Upper Keys. Whether located in a small jurisdiction (population under 200,000) or a large metropolitan area (population over 750,000), retention rates for drug courts remain high, from 65% to 85%. As of June 2001, there were 2,100 drug-free babies born to drug court participants enrolled in drug court programs. Approximately 230,000 individuals have entered treatment services through adult drug court programs in the United States as of January 1,2002. Sixty-one percent (61 %) of drug court treatment providers report that the annual cost of treatment services per client ranges between $900 and $3,500. Given this range, the average annual cost per defendant for treatment services is far lower than the $20,000 average annual cost of incarceration. FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 4 OCJG- 005 (rev. April 2004) Rule 110-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Bvrne 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. The Care Center for Mental Health will provide a Drug Court model of substance abuse treatment services for identified substance-involved dependency cases in the Middle and Upper Keys. There will be one new qualified therapist at the Upper Keys Care Center Facility, who will also travel to the Middle Keys to provide services in that area. We plan to provide treatment services to an ongoing case load of 20 child abuse offenders who also have a substance abuse problem. All 20 participants will undergo urinalysis. We expect that 12 (60%) of the program participants will complete the prescribed treatment regime. Additionally, all 20 participants will be referred to community resources to build a support system. The Care Center's Family Treatment Drug Court therapist will provide comprehensive intervention and treatment services to individuals and families suffering from the adverse effects of substance abuse and dependence. Services are offered through a variety of educational outpatient treatment modalities. The Family Treatment Drug Court Program supports the risk and protective theory of substance abuse and the bio-psychosocial model of addiction. Each individual is exposed to risk and protective factors for substance abuse within the domains of individual, family, peer, school, community and society. Substance abuse and dependency occurs through the complex interaction of biological (genetics, changes in brain chemistry), psychological (beliefs, values, cognition), and sociological (drug availability, social and cultural norms) factors. The ultimate goal of services is the prevention, reduction or elimination of the negative effects of alcohol and other drugs and the amelioration of any associated problems. The Family Treatment Drug Court Program supports a philosophy of research driven and evidence-based prevention, intervention and treatment protocols. Prevention services strive to decrease risk and strengthen protective factors. Treatment services focus upon client strengths and the appropriate use of clinical techniques to move clients through the treatment process in a supportive, motivational, and progressive manner towards positive outcomes. Services are organized consistent with a stage-based model of prevention, outreach and referral, clinical evaluation, treatment delivery and transitional care. Clients are treated in the least restrictive environment. Treatment planning is based on the outcome of the evaluation, builds upon client strengths and addresses engagement, early recovery and continuing care issues. Treatment services utilize evidence-based practices that address substance abuse, mental health and related issues in an integrated manner. S~rvices are designed to be culturally appropriate. Continuing care integrates relapse prevention, individual counseling as needed, support groups, employment/education guidance and strengthening of relationships with family and friends. All clinical services are provided with the intent of engaging clients early. Client and counselor attributes, , skills, and program characteristics are assessed on an on-going basis. FDLE B me Formula Grant A Admission to treatment is based on urinalysis results and a psychosocial assessment, which Grant A lication Section II - Page 5 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 addresses the drug and alcohol patterns, family, medical, educational, vocational, legal, environmental and mental status of the client. Information from other sources (Le., family, other treatment centers, probation officers, etc.), is obtained when appropriate. Clients will be treated in the most appropriate, least restrictive setting. We consider the severity of abuse and dependence, medical needs, prior treatment and outcomes, life skills (education, vocational, etc.) and external support systems. Clients in need of immediate medical treatment for dependence will be referred to an appropriate medical provider. Medical histories will be completed on all clients, and they will be referred for medical follow-up when appropriate. Treatment plans will be individualized and developed with the client. The plan will be updated at least monthly. Intervention strategies will include individual, group, and family therapy in addition to on going urinalysis and monthly Drug Court Status Hearing attendance. The program will last about 12 months. Clients at immediate risk of suicide or homicide or needing psychiatric care will be referred to the area Crisis Stabilization Unit. Clients in need of other services beyond the scope of the program will be referred appropriately. A variety of community resources exists, and referral handbooks are available to our clients. Referrals will be documented in the clinical record and follow-up information obtained. All clinical services are conducted under the supervision of a qualified supervisor. Supervisors will provide consultation, clinical supervision, and review of work performance and record reviews. In addition, all psychosocial assessments and treatment plans are reviewed and co-signed by a credentialed addiction professional. The program conducts quality improvement reviews of care quarterly. Step by step process of the drug court. (1 )-Case identified by Department of Children and Families, referral made for Drug Court assessment by DC&F or Judge. (2)-Assessment conducted by Drug Court by qualified professional (3)-lf client meets treatment eligibility criteria per SASSI, DSM IV, urinalysis results, a recommendation for placement is made and Judge places the client in the program. Clients in the program have been charged with child neglect or other charges in which substance abuse has been identified by DC&F counselors as an issue, as well as possession of controlled substances. Clients appear before the judge monthly, attend group therapy weekly, and individual therapy as often as weekly, depending on which phase of treatment the client is in. Frequency of family sessions is determined in the case plan. FDLE B rne Formula Grant A Grant A lication Section 11 . 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 Program 3. ProQram 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 FOLE, 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) 013-0 (#) OruQ Court (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. 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 Project Specific Objectives). Provide treatment services through various treatment modalities to twenty (20) individuals. Part 1 - During this reporting period, how many clients were provided DETOXIFICATION services? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 2 - During this reporting period, how many clients were provided INTERVENTION services? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 3 - During this reporting period, how many clients were provided OUTPATIENT services? [This number should only include those clients who were NEW 013.01 ADMISSIONS and/or READMISSIONS during this reporting period]. Part 4 - During this reporting period, how many clients were provided Level 1 RESIDENTIAL services? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 5 - During this reporting period, how many clients were provided Level 2 RESIDENTIAL services? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 6 - During this reporting period, how many clients were provided Level 3 RESIDENTIAL services? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 7 - Durin this re ortin eriod, how man clients were rovided AFTERCARE FDLE Byrne Formula Grant Application Package Numeric Grant Application Section 11- Page 7 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 services? [This number should only include those clients who were NEW ADMISSIONS and/or READMISSIONS during this reporting period]. Part 8 - During this reporting period, how many clients were provided level 4 RESIDENTIAL services? Provide an array of treatment services. Part 1 - Were most clients provided psychosocial assessments? Part 2 - Were some clients provided diagnostic services? Part 3 - Were most clients provided urinalysis? Part 4 - Were most clients provided case management services? 013.02 Part 5 - Were most clients provided counseling services? Y/N Part 6 - Were some clients provided rehabilitation services? Part 7 - Were some clients provided with court liaison services? Part 8 - Were a significant number of clients referred to outpatient or residential treatment or other community services? Part 9 - Were most clients provided relapse prevention training services? Part 10 - Were most clients provided vocational training and employment services? Assist eight (8) clients to successfully complete their treatment plan. Part 1 - During this reporting period, how many DETOXIFICATION clients successfully COMPLETED their treatment? Part 2- During this reporting period, how many INTERVENTION clients successfully COMPLETED their treatment? 013.03 Part 3- During this reporting period, how many OUTPATIENT clients successfully Numeric COMPLETED their treatment? Part 4- During this reporting period, how many RESIDENTIAL clients successfully COMPLETED their treatment? Part 5- During this reporting period, how many AFTERCARE clients successfully COMPLETED their treatment? FDLE Byrne Formula Grant Application Package Rule 110-9.006 Grant Application Section II - Page 8 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 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 Quarterlv Performance Reports will be reviewed aaainst this schedule. October 1. 2004 throuah September 30. 2005 Subgrant Period (Beginning Date - Ending Date) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar Apr Mav Jun Jul Aua Sep Submit Financial Reimbursement X X X X Requests Submit Financial Closeout Package X 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 Description ACTIVITY Oct Nov Dee Jan Feb Mar Apr May Jun Jul Aug Sep Substance abuse treatment X X X X X X X X X X X X Drug testing X X X X X X X X X X X X Assessment/prepare treatment plan X X X X X X X X X X X X Referral to appropriate agencies X X X X X X X X X X X X 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 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 $53,823 $17,941 $71,764 Expenses Operating Capital Outlay Indirect Costs Totals $53,823 $17,941 $71,764 FDLE Byrne Formula Grant Application Package Rule 110-9.006 Grant Application Section II . Page 10 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 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.) nla 2. If Salaries and Benefits are included in the budget as Actual Costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial year? No: x If no, please explain. Contractual Services Yes: If yes, please list number and title of position and type of benefits. 3. Indicate the OCO threshold established by the subgrantee. $750.00 4. If Indirect Cost is included in your 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. 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 11 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 b. How recently was the basis established or updated? Type of budget: Actual Source of matching funds: Monroe County General Revenue Fund Contractual Services Salaries and Benefits: Substance Abuse Counselor FICA Health Insurance Subtotal Counselor Clinical Director (.50) FICA Health Insurance Subtotal Clinical Director Total Salaries and Benefits Expenses: Travel between base in Marathon, office in Tavernier, and main office in Key West paid in accordance with Fla. Statute 112.061 Operating supplies, such as workbooks and videos Office supplies Total Expenses Total budget: 38,000 2,907 2,652 43,559 19,000 1,454 1,326 21,780 65,339 2,552 2,873 1,000 6,425 $71,764 Grant request (Byrne funds) $53,823 Local match (Monroe County) $17,941 Total program cost: $71,764 Purchasing methods to be used will conform to existing Federal, State, and Local laws and regulations. Monroe County will contract with the Care Center for Mental Health for this project. 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 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 Financial 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 Local 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 subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shall be submitted. 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 13 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 Financial Guide, U.S. Department of Justice Common Rule for State and Local 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 ofthe 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 Financia/ 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 of travel 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 Rule 110-9.006 Grant Application Section 1/ - Page 14 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 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 Financia/ 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 priorto 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 Financia/ 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 of the 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 II - Page 15 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 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 ofthe "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 of the 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 ofthe ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. 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 ofthe subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, stri'kes, 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 Rule 110-9.006 Grant Application Section II - Page 16 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 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 of transfer does not exceed ten (10) percent of the 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, ofthe U.S. Department of Justice, or the Auditor General ofthe 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 of their 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 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 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 ofthree (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 pursuant to 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 ofthe 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 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 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 1 968, 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. Ifthe 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 Rule 110-9.006 Grant Application Section 11 - Page 19 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 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 offact 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 government 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 ofthe employment provisions contained in 8 U.S.C. Section 1324a(e), Section 27 4A( e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 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 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 Proaram 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 ofthat 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 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 Proaram 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 ofthe 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 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 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 Rule 110-9.006 Grant Application Section II - Page 23 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 SUB GRANTEE CERTIFICA TION I, the undersigned authorized official, certify that according to SecUon 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): --1QLHas 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 SUbg:.::zcatlon f si nce is proved or face loss of federal funds. Signature of Subgrantee Authorized Official Type Name: James L. Roberts Title: Countv Administrator Subgrant Recipient: Monroe Countv Board of County Commissioners Date: (; Ilf/O y 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 IMPLEMENTING AGENCY CERTlFICA 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, im plement, and maintain such a Plan within 120 days after a subgrant application for federal ass is nce is approved or face loss of federal funds. ~~~ Signature of Implementing Agency Authorized Official Type Name: James L. Roberts Name of Subgrant Recipient: Monroe Countv Board of Countv Commissioners Name of Implementing Agency: Monroe Countv Board of Countv Commissioners Title: Countv Administrator Date: ~ / '-//0<'/ . , FDLE Byrne Formula Grant Application Package Grant Application Section 11- Page 25 OCJG - 005 (rev. April 2004) Rule 110-9.006 RESOLUTION NO. 1 q 1 - 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 FOR THE FISCAL YEAR 2005 EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT PROGRAM 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 Abuse Policy Advisory Board's recommendations; and that j 2. The County Administrator is hereby authorized to sign and submit the application packet for the Fiscal Year 2005 grant funds to the Florida Department of Law Enforcement Anti-Drug Abuse Grant Program; and that 3. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. / -------- PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of May, A.D., 2004. -~"-:::::;-""7/;2':-~ .r-._ .,~ .~~~... :%. ,t )'". (~!' \, <:-'.0 ,"'. ;;:~ J(.,:.t~.......___."" ,-")~!r';, ......"'r ,lit?' ~~,/( ", <~~~;\~\ k"."" ""kB '........ ,'i~~;' . {'J' ,c.),./', ". y,':.o, iI ", ,. 'o,! . '. \\.~; t;o,. -2~"1 t>r ' . Mayor Murray Nelson Mayor Pro T em Rice Commissioner McCoy Commissioner Neugent Commissioner Spehar -yes,- ~es.._ _yes _ yes yes .. ~:::~'~C. ~~< :;nroe ft:~o~ o:~ Clerk of Court ...., .' ayor MONF10E C(J:>jf'" AnU;:;fi~:! ~~o~_ , ' ZI:~N\;F. ,,':... hi"r {TC)N A"'C'QT""r ~I)</' 'ff y.: -,W-F.1'''Y \)vlo... 1'\." ~ t... /tJf '/t77' ,1'- DatL___ ,6 . t'~ "t7 .)5-'+ UJ ~ '- '- L... ~rara~ra O~Q)~Q) Z ~, >. -- >. --"'O- ra ra .... ra C C'- C ~~:5~ 000000 000000 mM~~c::i~c::i wmcoooco 1-0COr--1.00...... M ~.: ....: ci ,..: It),.... lOCO ('t) N 000000 000000 .?;-M~,...:ci~c::i cr---vr--om 5-v_~co_q"'!. UC"')r--Nl.Om ....-,-~.,-LO 000 000000 C!C!C! 000000 O............Q)OM,...:c::iOO r--mCOCNNNOr-- CIC!."'!."":.~""_CIC!.~qClC!. r--mr--m 0 C"') CO 1.0,.... r--I.OC"') ""1.OC"')""r-- ...... N ...... C E 0 8 ~:g ~ g> S~ >- .... ~ Q) LL 0. 0>5. >0 a eQ) c :0:; 0. (.) ::J ~ ~ ~ <3 I ~ :5 -g .Q ~ ....-Q)> C III o.~:;:"'O.2 g O>J: 0 C Q) C ~ ra :;:; ra (ij roo 0> ::0 n:s 0>......- C ~ .~ .0 C "'9 co Q. CIl .c .2 ~ rn OJ .~ a."Ou U"::::JQ) co <3m CIlO"OO>.... clJ..~_ =':2 ~ ~ n:s Q)- co <.9~<co.m !:; ...Cco...... "'-, "'....UOE"OC,:y:,.c .... "">'Ol-ctICQ)uO 0 lUCO....J"O...COOO.cCll_ !:rnrnCC)CIlQ)(.).....rnev ~oo~e~ro~5o> COI-I-C.9a..COOQ.>-I--2- ,....> TI :r: = 0 = 0 .s:- r z ~ e- m ::0 ~. c:: 0 en.,. r" Z "":;:l(. " , ..." n' f' 0 eO .. :0 c::::x;~ z. c ." :0 -inr :J: r"Tl ~~:r: . . )> ~ c; .., C> 0 r- rT'l ::lJ > r::; N ~5-B 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~ ~ lJ. ',J,J,J DiJ, .-' Typed Name and Title: Clavton H. Wilder. Community ProQram Administrator Date: <6'"- '2. -0 'i Board of Coun Commissioners Signature: Typed Name and Title: James L. Roberts. County Administrator (p/<-//Oc.{ I Date: Signature: Typed Name and Title: James L. Roberts, Countv Administrator Date: "I 'fIOt{ Rule 110-9.006 Grant Application Section 11 - Page 26 OCJG - 005 (rev. April 2004) FDLE Byrne Formula Grant Application Package