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Resolution 615-1992 RESOLUTION NO. 615 - 1992 A RESOLUTION OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE EXECUTION OF THE DEPARTMENT OF COMMUNITY AFFAIRS FY93 ANTI-DRUG ABUSE GRANT AGREEMENT FOR THE LIFE CENTER FOUNDATION WHEREAS, by Resolution No. 280-1992, the Monroe County Board of Commissioners authorized the submission of a grant application to the Department of Community Affairs to request funding for five agencies that provide anti-drug abuse programs in Monroe County; and CI ~ o <.;> UJ c:r 0:: <0 lL. a llJ -J l..1... WHEREAS, the Monroe County Board of Commissioners authorized the execution of the Anti-Drug Abuse D.A.R.E. and Pretrial Grant Agreements at a reqularly scheduled meeting October 27th, and authorized the execution of the Program Administration at a regularly scheduled meeting November en 18th;~nd N lU .~ N ~ . -WHEREAS, the Department of Community Affairs has E: c~~~ted the review of the Life Center Foundation proposal 0- ~dr~ansmitted the grant agreement for execution by Monroe CoUD~; now therefore en -I '0 N >-~u Z _~ <3 liE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 95 ~NR~ COUNTY, FLORIDA, THAT: C"':) z ~ ~. The Mayor of the Board is hereby authorized to execute the FY93 Anti-Drug Abuse Life Center Foundation Grant Agreement which will provide $22,800.75 in state funding to that agency with $7,600.25 in match funding; and that 2. This resolution shall become effective immediately upon adoption by the Commission and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 9th day of December, A.D., 1992. Mayor London Mayor ProTem Cheal Commissioner Freeman Commissiomer Harvey Commissioner Reich Yes Yes Yp-c, Vpc;. (Seal) Attest: N~FJeXED"AS TO FORM /Af'~CGA~tJFFICIENCY. By .' I L z_ ~_.:/ / z l?r(~~ STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2740 CENTERVIEW DRIVE. TALLAHASSEE, FLORIDA 32399-2100 LINDA LOOMIS,SHELLEY LAWTON CHILES Secretary Governor November 20, 1992 :-C' .0 ~.~ ~ ~ " ,~.~.. r, [:'6' ""." ~, f\I.-\,.':' '.', '_'-' NOV ~ 0 ,~~/ COUN"fY ACi-;fiq\i~~ t t-.J:. {OR Mr. Thomas W. Brown Monroe County Administrator Public Service Building, wing II stock Island, Florida 33040 Re: 93-CJ-79-11-54-01-060jLife Center AlcoholjDrug Recovery Facility Dear Mr. Brown: The Department of community Affairs is pleased to award an Anti-Drug Abuse grant in the amount of $22,801 to your unit of government. These funds shall be utilized to implement a Drug control and System Improvement Formula Grant Program under Purpose Area 020, Alternatives to Corrections system. A copy of the approved subgrant application with the above referenced project number and title is enclosed for your file. All correspondence with the department should always refer to the project number and title. Your attention is directed to section H of the subgrant which is the' "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. 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. EMERGENCY MANAGEMENT. HOUSING AND COMMUNITY DEVELOPMENT. RESOURCE PLANNING AND MANAGEMENT Mr: Thomas W. Brown Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Mr. Clayton Wilder at 904/488-8016. ~ RGN/cwm Enclosures state of Florida Department of community Affairs Division of Emergency Management Bureau of Public Safety Management 2740 Centerview Drive Tallahassee, Florida 32399-2100 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges r.eceipt and acceptance of subgrant award number 93-CJ-79-11-54-01-060 in the amount of $22,801, for a project entitled: Life Center Alcohol/Drug Recovery Facility for the period of 12/01/92 through 09/30/93, in accordance with the statement of work contained in the subgrant application, and subject to the Department of Community Affairs' conditions of subgrant. 'gnature of Authorized Official) December 9, 1992 (Date of Acceptance) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk Jack London - Mayor/Chairman (Typed Name and Title of Official) ~ DCA-CJ Form 1 (June, 1985) c~~ state of Florida Department of community Affairs Division of Emergency Management Bureau of Public Safety Management 2740 Centerview Drive Tallahassee, Florida 32399-2100 Lawton Chiles Governor Linda Loomis Shelley Secr~tary SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of commissioners Date of Award: 11/20/92 Grant Period: From: 12/01/92 To: 09/30/93 Project Title: Life Center Alcohol/Drug Recovery Facility Grant Number: 93-CJ-79-11-54-01-060 Federal Funds: $22,801.00 BGMTF Funds: State Agency Match: Local Agency Match: $7,600.00 Total Project Cost: $30,401.00 Program Area: 020 Award is hereby made in the amount and for the period shown above of a grant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100.690, to the above mentioned subgrantee and subject to any attached standard or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100.1D, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-110 and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351, as amended, and P.L. 100.690. 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. h A horize Robert G. Nave, Director Division of Emergency Management II .. [' C / I -,){).- /(~.)-" Date [X]This award is subject to special and/or standard conditions (attached). BPSM Revised 7-1-79 state of Florida Department of Community Affairs Division of Emergency Management Bureau of Public Safety Management 2740 centerview Drive Tallahassee, Florida 32399-2100 SPECIAL CONDITIONS Grantee (Name of SPA): Bureau of Public Safety Management Grant Number: 93-CJ-79-11-54-01-060 Grant Title: Life Center Alcohol/Druq Recovery Facility In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Condition (s): SPECIAL CONDITION 1. Prior to drawdown of federal funds, Monroe County must receive sole source approval from the Office of Justice proqrams, washinqton, D.C., for the contract with Life Center Foundation, Incorporated. GENERAL COMMENT 1. The proposed boilerplate contract between Monroe county and Life center poundation, Incorporated, has been approved by the Department of community Affairs Leqal Office. Bowever, Bill Irby's title should be reflected on the siqnature paqe near the siqnature line. DCA CONTRAcT NO. 93-CJ-79-11-S4-01-060 STATE OF FLORIDA - DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT BUREAU OF PUBLIC SAFETY MANAGEMENT SUBGRANT APPLICATION FOR FEDERAL ANTI-DRUG ABUSE-ACT FUNDS A. NAMES' ADDRESSES 1. CONTINUATION. YES NO X 2. PREVIOUS STATE PROJECT ID NUMBER (IF YES IN 1. ABOVF). LEAVE BLANK. COMPLETED BY BPSM STAFF. 3. UNIQUE ID. 92-060 4. NAME. Life Center Alcohol/Drug Recovery Facility 5. SUBGRANT RECIPIENT. NAME TITLE ADDRESS ZIP CODE AREA CODE AREA CODE Thomas W. Brown Monroe County Administrator Public Service Bldg. Winq II. 33040 AND TELEPHONE NUMBER AND FAX PHONE NUMBER stock Island. FL (305)292-4741 (305)292/4401 6. CHIEF FINANCIAL OFFICER. NAME TITLE ADDRESS ZIP CODE AREA CODE AREA CODE Danny Kolhaqe Clerk of Clerk 500 Whitehead Street. 33040 AND TELEPHONE NUMBER AND FAX PHONE NUMBER Kev West. FL (305)294-4641 (305) 296-1864 7. IMPLEMENTING AGENCY. NAME TITLE ADDRESS ZIP CODE AREA CODE AREA CODE Monroe County Div. of Manaqement Services/Grants Mqt. Deot. Public Service Bldg. Winq II. Stock Island. FL 33040 AND TELEPHONE NUMBER AND FAX PHONE NUMBER (305)292-4471 (305)292-4401 8. PROJECT DIRECTOR. NAME TITLE ADDRESS ZIP CODE AREA CODE AREA CODE Mary S. Broske Director. Grants Manaqement Deoartment 5100 West College Road. Stock Island. FL 33040 AND TELEPHONE NUMBER AND FAX PHONE NUMBER (305) 292-4471 (305)292-4401 B. ADMINISTRATIVE DATA LEAVE BLANK. COMPLETED BY BPSM STAFF. 9. POPULATION. 78,024 ~ 10. GOVERNMENT LEVEL. 01-County - 11. COUNTY. Monroe 12. PROJECT TITLE. Life Center Alcohol/Druq Recoverv Facilitv LEAVE BLANK. COMPLETED BY BPSM STAFF. 13. PROGRAM AREA. 20 14. PROJECT TYPE. Other 15. AGENCY TYPE. 01-County 16. MULTI-JURISDICTIONAL. NO 17. AWARDED. 18. FOR PERIOD. BEGINNING: (MONTH) 12 j(DAY) 01 j(YEAR)~ ENDING: (MONTH) 09 j(DAY) 30 j(YEAR)~ C. FISCAL DATA 19. REMIT WARRANT TO. Monroe County Board of Commissioners 20. VENDOR I. 59-6000749 21. SAKAS I. 22. AWARD. FEDERAL MATCH TOTAL SALARIES AND BENEFITS CONTRACT SERVICES EXPENSES OPERATING CAPITAL DATA PROCESSING INDIRECT COSTS 22.801 7.600 30.401 TOTALS 22.801 7.600 30.401 D. PROBLEM IDENTIFICATION AND PROPOSED SOLUTION IN A MAXIMUM OF TWO (2) TYPED PARAGRAPHS, BRIEFLY DESCRIBE A SPECIFIC PROBLEM TO BE ADDRESSED WITH SUBGRANT FUNDS. IF YOU ARE SEEKING FUNDS TO CONTINUE EXISTING PROJECT ACTIVITIES; pESCRIBE ANY GAPS BETWEEN CURRENT AND DESIRED PROJECT RESULTS. START BELOW AND USE CONTINUATION PAGES AS NECESSARY. Problem Identification There is a critical need in Monroe County for providing a structured living facility for those seeking recovery from alcohol or drug addiction who have entered the criminal justice system. Such a facility will serve as an alternative to incarceration for those persons who would be better served in a supportive short-term living environment rather that in a full-time detention situation, such as jail. It is believed that drug and alcohol-related offenders will regain their self-esteem and become productive contributors to the community, as well as reduce the likelihood of returning to substance abuse-related criminal activity, and thereby reducing their impact on incarceration systems, if a supportive environment is available in which to enter into recovery from substance. Problem Solution The Life Center Foundation is a non-profit corporation dedicated to the recovery of those addicted to drugs or alcohol. The Life Center's facility will provide a safe, SUbstance-free, guilt-free family environment for those seeking recovery from substance abuse. The Life Center will receive referrals from Monroe County Pretrial Services (jail) and from judicial commitments. Upon referral by the Court or Pretrial Services, an intake evaluation is performed upon entry into the facility. Clients who exhibit a need for mental health counseling or have physical problems are referred to the appropriate agency; others who do not have severe mental or physical problems will be required to commit to a 90-tO-180-daj stay at the facility, during which time they will become socialized into the family atmosphere, and exit the facility as fully functional individuals. During their stay, clients are provided a clean bed and living space, as well as on~ meal a day. During their stay, clients will be required to participate in the "12 Steps of AA" program, and will be assigned to daily contact a "sponsor," who wi11 also be on-call anytime day or night to assist in the recovery process. Clients will attend daily group meetings with others in recovery, as well as become an active participant in the "Family" by helping with chores, etc. In addition, clients will be transported to and from medical appointments of probationary hearings, as needed. Occasionally, clients will be given the opportunity to attend various cultural or entertainment events, so that a more full socialization is realized. D. PRbBLEH IDENTIFICATION AND PROPOSED SOLUTION IN A MAXIMUM OF TWO (2) TYPED PARAGRAPHS, BRIEFLY DESCRIBE A SPECIFIC PROBLEM TO BE ADDRESSED WITH SUBGRANT FUNDS. IF YOU ARE SEEKING FUNDS TO CONTINUE EXISTING PROJECT ACTIVITIES; PESCRIBE ANY GAPS BETWEEN CURRENT AND DESIRED PROJECT RESULTS. : . START BELOW AND USE CONTINUATION PAGES AS NECESSARY. Since employment is necessary for building self-esteem, the Life Center assist clients in gaining meaningful employment in a healthy drug-free environment. Clients who gain employment are required to make a commitment to obligat~ a portion of their earnings to their daily room and board while they are living at the Life Center. The Life Center will establish a "tracking" procedure whereby clients are evaluated on their progress in the recovery process. Occasionally, as clients fall back to old substance abuse habits, an eviction from the Life Center becomes necessary. Most clients will remain for their full stay. The Life Center facility will provide an alternative to incarceration (jail) where there tends to be an increased recidivism rate and where the problem of substance abuse on a personal level has not been adequately addressed. In addition, clients who successfully complete the program will become an asset rather that a liability to the community. . E. PROGRAM OBJECTIVES AND PERFORMANCE MEASURES COMPLETE UNIFORM PROGRAM OBJECTIVES AND PERFORMANCE MEASURES (FOUND IN APPENDIX VI) FOR THE FEDERALLY AUTHORIZED PROGRAM AREA YOU WANT TO IMPLEMENT. YOUR APPLICATION IS NOT COMPLETE WITHOUT. THEM AND AN INCOMPLETE APPLICATION WILL NOT BE CONSIDERED FOR SUBGRANT FUNDING. - . START BELOW AND USE CONTINUATION PAGES AS NECESSARY. Program Objective 20.1: To provide 4 bed spaces to clients assigned to an alternative short-term support facility by the criminal justice system during the grant period. Program Objective 20.2: To provide intake and screening services (obtaining basic background information and problem determination) to 12 clients assigned to an alternative support facility by the criminal justice system during the grant period. Program Objective 20.3: To provide rehabilitation services (educational and vocational training, job placement and living skills) to 12 clients assigned to an alternative support facility by the criminal justice system during the grant period. Program Objective 20.4: To provide tracking and reporting services to the sentencing authority of 12 clients assigned to an alternative support facility by the criminal justice system during the grant period. Program Objective 20.5: To provide short-term supportive and group counseling to 12 clients assigned to an alternative support facility by the criminal justice system during the grant period. Program Objective 20.6: To provide transportation services to and from medical appointments and probationary hearings to 12. clients assigned to an alternative support facility by the criminal justice system during the grant period. Program Objective 20.7: To provide daily structured activities including educational and motivational therapy to 12 clients assigned to an alternative support facility by the criminal justice system during the grant period. (Educational and motivational therapy means attempting to assist the drug abuser in accepting responsibility to accept or continue in the program and to maintain a substance-free lifestyle.) F. PROJECT BUDGET SCHEDULE 93-CJ-79-11-54-01-060 THE PROJECT BUDGET SCHEDULE INCLUDES SIX BUDGET CATEGORIES (SALARIES AND BENEFITS, CONTRACTUAL SERVICES, EXPENSES, OPERATING CAPITAL OUTLAY (OCO), DATA PROCESSING SERVICES, INDIRECT COSTSr ~D TOTAL PROJECT COSTS. TYPE OR PRINT DOLLAR AMOUNTS ONLY IN APPLICABLE CATEGORIES AND LEAVE OTHERS BLANK. BUDGET CATEGORY! FEDERAL I PROJECT ! BUDGET CATEGORY SUPPORT MATCH TOTALS 1. SALARIES AND BENEFITS 2. CONTRACTUAL! I I SERVICES 22,801 7,600 30,401 3. EXPENSES I I I 4. OPERATING CAPITAL OUTLAY 5. DATA PROCESSING SERVICES 6. INDIRECT I I I COSTS 7. TOTAL PROJECT 22,801 7,600 30,401 COSTS G. PROJECT BUDGET NARRATIVE YOU MUST DESCRIBE LINE ITEMS FOR EACH APPLICABLE BUDGET CATEGORY THAT YOU ARE REQUESTING SUBGRANT FUNDING. PROVIDE SUFFICIENT DETAIL TO SHOW COST RELATIONSHIPS TO PROJECT ACTIVITIES. IN ADDITION, DESCRIBE SOURCES OF MATCHING FUNDS. . START BELOW AND USE CONTINUATION PAGES AS NECESSARY. LIFE CENTER FOUNDATION, INC. CONTRACTUAL SERVICES Four (4) beds x 365 days/year x $20.82 per client per day EXPENSES Food Hygiene Public Transportation Office Supplies Household Supplies Equipment Rental Equipment Repair & Maintenance Building Rental Building Repair & Maintenance Automobile Maintenance Automobile Insurance Licenses and Permits Utilities Miscellaneous Expenses 2,608 1,000 150 1,100 1,100 150 350 12,000 3,000 2,668 600 365 4,310 1,000 TOTAL CONTRACTUAL SERVICES 30,401 Budq.t summary Salari.s and B.n.fits........ 0 contractual S.rvic.s.........30,401 Expense.. . . . . . . . . . . . . . . . . . . . . 0 op.ratinq capital Outlay..... 0 Total proj.ct Budqet.........30,401 H. A~CEPTANCE AND AGREEMENT ALL PERSONS INVOLVED IN OR HAVING ADMINISTRATIVE RESPONSIBILITY FOR THE SUBGRANT MUST READ THESE "ACCEPTANCE AND AGREEMENT" CONDITIONS. THE "ACCEPTANCE AND AGREEMENT" (SECTIO}f I) MUST BE RETU~ED AS PART OF THE COMPLETED APPLICATION. - NOTE CONDITION NO. 13: ONLY PROJECT COSTS INCURRED ON OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT AND ON OR PRIOR TO THE TERMINATION DATE OF A RECIPIENT'S PROJECT ARE ELIGIBLE FOR REIMBURSEMENT. CONDITIONS OF AGREEMENT. UPON APPROVAL OF THIS SUBGRANT, THE APPROVED APPLICATION AND THE FOLLOWING TERMS OF CONDITIONS WILL BECOME BINDING. NON-COMPLIANCE WILL RESULT IN PROJECT COSTS BEING DISALLOWED. THE TERM "DEPARTMENT", UNLESS OTHERWISE STATED, REFERS TO THE DEPARTMENT OF COMMUNITY AFFAIRS. THE TERM "DIVISION", UNLESS OTHERWISE STATED, REFERS TO THE DIVISION OF EMERGENCY MANAGEMENT. THE TERM "BUREAU", UNLESS OTHERWISE STATED, REFERS TO THE BUREAU OF PUBLIC SAFETY MANAGEMENT. THE TERM SUBGRANT "RECIPIENT" REFERS TO THE GOVERNING BODY OF A CITY OR A COUNTY OR AN INDIAN TRIBE WHICH PERFORMS CRIMINAL JUSTICE FUNCTIONS AS DETERMINED BY THE U.S. SECRETARY OF THE INTERIOR, AND INCLUDES AN IMPLEMENTING AGENCY WHICH IS A SUBORDINATE AGENCY OF A CITY, COUNTY OR INDIAN TRIBE, OR AN AGENCY UNDER THE DIRECTION OF AN ELECTED OFFICIAL (FOR EXAMPLE, SHERIFF OR CLERK OF THE COURT). 1. REPORTS THE RECIPIENT SHALL SUBMIT DEPARTMENT QUARTERLY PROJECT PERFORMANCE REPORTS TO THE BUREAU BY FEBRUARY 1, MAY 1, AUGUST 1, AND NOVEMBER 1 COVERING SUB GRANT ACTIVITIES DURING THE PREVIOUS QUARTER. THE RECIPIENT SHALL SUBMIT AN ANNUAL PROJECT PERFORMANCE REPORT, FOR EACH TWELVE (12) MONTH PERIOD OF PROJECT ACTIVITIES. THIS REPORT SHALL BE SUBMITTED TO THE BUREAU WITHIN THIRTY (30) DAYS AFTER THE END OF THE ORIGINAL TWELVE (12) MONTH PERIOD. IN ADDITION, IF THE SUB GRANT AWARD PERIOD IS EXTENDED BEYOND TWELVE (12) MONTHS, ADDITIONAL OUARTERLY PROJECT PERFORMANCE REPORTS SHALL BE SUBMITTED AS WELL AS A FINAL PROJECT PERFORMANCE REPORT. THE LATTER REPORT SHALL COVER THE ENTIRE TIME FRAME OF PROJECT ACTIVITIES AND IS DUE WITHIN THIRTY (30) DAYS AFTER THE END OF THE EXTENDED PERIOD. THE RECIPIENT SHALL SUBMIT MONTHLY FINANCIAL CLAIM REPORTS [DCA-NA 3 (A-G, REVISED JANUARY 1991)] TO THE BUREAU. A c / FINAL fINANCIAL CLAIM REPORT AND A CRIMINAL JUSTICE CONTRACT (FINANCIAL) CLOSEOUT PACKAGE SHALL BE SUBMITTED TO THE BUREAU WITHIN FORTY-FIVE (45) DAYS OF THE SUBGRANT TERMINATION PERIOD. SUCH CLAIM SHALL BE DISTINCTLY IDENTIFIED AS "FINAL". FAILURE TO COMPLY SHALL RESULT IN FORFEITURE OF REIMBURSEMENT. . - THE RECIPIENT SHALL SUBMIT OTHER REPORTS AS MAY BE REASONABLY REQUIRED BY THE BUREAU. ALL REQUIRED REPORTS, INSTRUCTIONS, AND FORMS SHALL BE DISTRIBUTED WITH THE SUBGRANT AWARD. 2. FISCAL CONTROL AND FUND ACCOUNTING PROCEDURES THE RECIPIENT SHALL ESTABLISH FISCAL CONTROL AND FUND ACCOUNTING PROCEDURES THAT ASSURE PROPER DISBURSEMENT AND ACCOUNTING OF SUBGRANT FUNDS AND REQUIRED NON-FEDERAL EXPENDITURES. ALL FUNDS SPENT ON THIS PROJECT SHALL BE DISBURSED ACCORDING TO PROVISIONS OF THE PROJECT BUDGET AS APPROVED BY THE BUREAU. ALL EXPENDITURES AND COST ACCOUNTING OF FUNDS SHALL CONFORM TO OFFICE OF JUSTICE PROGRAMS FINANCIAL AND ADMINISTRATIVE GUIDE FOR GRANTS (GUIDELINE MANUAL 7100.10, U.S. DEPARTMENT OF JUSTICE COMMON RULE FOR STATE AND LOCAL GOVERNMENTS, AND IN FEDERAL OFFICE OF MANAGEMENT AND BUDGET CIRCULARS A-87, A-ll0 AND A-21, IN THEIR ENTIRETY). ALL FUNDS NOT SPENT ACCORDING TO THIS AGREEMENT SHALL BE SUBJECT TO REPAYMENT BY THE RECIPIENT. 3. COMPLIANCE WITH "CONSULTANT'S COMPETITIVE NEGOTIATION ACT" THE RECIPIENT, WHEN APPLICABLE, AGREES TO SATISFY ALL REQUIREMENTS PROVIDED IN SECTION 287.055, FLORIDA STATUTES, KNOWN AS THE "CONSULTANT'S COMPETITIVE NEGOTIATION ACT". 4. APPROVAL OF CONSOLTANT CONTRACTS THE DEPARTMENT SHALL REVIEW AND APPROVE IN WRITING ALL CONSULTANT CONTRACTS PRIOR TO EMPLOYMENT OF A CONSULTANT. APPROVAL SHALL BE BASED UPON THE CONTRACT'S COMPLIANCE WITH REQUIREMENTS FOUND IN THE OFFICE OF JUSTICE PROGRAMS' FINANCIAL AND ADMINISTRATIVE GUIDE FOR GRANTS (GUIDELINE MANUAL 7100.10) AND APPLICABLE STATE STATUTES. THE DEPARTMENT'S APPROVAL OF THE RECIPIENT AGREEMENT DOES NOT CONSTITUTE APPROVAL OF CONSULTANT CONTRACTS. 5 . ALLOWABLE COSTS ALLOWANCE FOR COSTS INCURRED UNDER THE SUBGRANT SHALL BE DETERMINED ACCORDING TO "GENERAL PRINCIPLES OF ALLOWABILITY AND STANDARDS FOR SELECTED COST ITEMS" SET FORTH IN THE OFFICE OF JUSTICE PROGRAMS' FINANCIAL AND ADMINISTRATIVE GUIDE FOR GRANTS (GUIDELINE MANUAL 7100.1D), U.S. DEPARTMENT OF JUSTICE'S COMMON RULE FOR STATE AND LOCAL GOVERNMENTS, OFFICE OF MANAGEMENT AND BUDGET'S CIRCULAR NO. A-87, "COST PRINCIPLES APPLICABLE TO GRANTS AND CONTRACTS WITH STATE AND LOCAL GOVERNMENTS", OR OFFICE OF MANAGEMENT AND "BUDGET'S CIRCULAR NO. 21, "COST PRINCIPLES FOR EDUCATIONAL~ INSTITUTIONS". - . ALL PROCEDURES EMPLOYED IN THE USE OF FEDERAL FUNDS TO PROCURE SERVICES, SUPPLIES OR EQUIPMENT, SHALL BE ACCORDING TO U.S. DEPARTMENT OF JUSTICE' COMMON RULE FOR STATE AN~ LOCAL GOVERNMENTS, OR ATTACHMENT "0" OF OMB CIRCULAR NO. A-110 AND FLORIDA LAW TO BE ELIGIBLE FOR REIMBURSEMENT. 6. TRAVEL ALL TRAVEL REIMBURSEMENT FOR OUT-OF-STATE OR OUT-OF-GRANT SPECIFIED-WORK-AREA SHALL BE BASED UPON WRITTEN APPROVAL OF THE DEPARTMENT PRIOR TO COMMENCEMENT OF ACTUAL TRAVEL. THE COST OF ALL TRAVEL SHALL BE REIMBURSED ACCORDING TO LOCAL REGULATIONS, BUT NOT IN EXCESS OF PROVISIONS IN SECTION 112.061, FLORIDA STATUTES. ALL BILLS FOR ANY TRAVEL EXPENSES SHALL BE SUBMITTED ACCORDING TO PROVISIONS IN SECTION 112.061, FLORIDA STATUTES. 7. WRITTEN APPROVAL OF CHANGES IN THIS APPROVED AGREEMENT RECIPIENTS SHALL OBTAIN APPROVAL FROM THE DEPARTMENT FOR MAJOR CHANGES. THESE INCLUDE, BUT ARE NOT LIMITED TO: A. CHANGES IN PROJECT ACTIVITIES, DESIGNS OR RESEARCH PLANS SET FORTH IN THIS~APPROVED AGREEMENT; B. BUDGET DEVIATIONS THAT DO NOT MEET THE FOLLOWING CRITERION. THAT IS, A RECIPIENT MAY TRANSFER FUNDS BETWEEN BUDGET CATEGORIES AS LONG AS THE TOTAL AMOUNT OF TRANSFER (INCREASE OR DECREASE) DOES NOT EXCEED TEN (10) PERCENT OF THE TOTAL APPROVED BUDGET CATEGORY AND THE TRANSFER IS MADE TO AN APPROVED BUDGET LINE ITEM; OR, C. TRANSFERS OF FUNDS ABOVE THE TEN (10) PERCENT CAP SHALL BE MADE ONLY IF A REVISED BUDGET IS APPROVED BY THE DEPARTMENT. D. UNDER NO CIRCUMSTANCES CAN TRANSFERS OF FUNDS INCREASE THE TOTAL BUDGETED AWARD. TRANSFERS DO NOT ALLOW FOR INCREASING THE QUANTITATIVE NUMBER OF ITEMS DOCUMENTED IN ANY APPROVED BUDGET LINE ITEM. FOR EXAMPLE, EQUIPMENT ITEMS IN THE OPERATING CAPITAL OUTLAY OR EXPENSE CATEGORIES OR STAFF POSITIONS IN THE SALARIES AND BENEFITS CATEGORY. 8. REIMBURSEMENT SUBJECT TO AVAILABLE FUNDS THE OBLIGATION OF THE STATE OF FLORIDA TO REIMBURSE RECIPIENTS FOR INCURRED COSTS IS SUBJECT TO AVAILABLE FEDERAL ANTI-DRUG ABUSE ACT FUNDS. 9. ADVANCE FUNDING ADVANCE FUNDING IS AUTHORIZED UP TO TWENTY-FIVE. (25) PERCENT OF THE FEDERAL AWARD FOR EACH PROJECT ACCORDING TO SECTION 216.181(12) (B), FLORIDA STATUTES (1991); THE OFFICE OF JUSTICE PROGRAMS' FINANCIAL AND ADMINISTRATIVE GUIDE FOR GRANTS (GUIDELINE MANUAL 7100.10); AND, U.S. DEPARTMENT OF JUSTICE'S COMMON RULE FOR STATE AND LOCAL GOVERNMENTS. ADVANCE FUNDING SHALL BE PROVIDED TO A RECIPIENT UPON A WRITTEN REQUEST TO THE DEPARTMENT JUSTIFYING THE NEED FOR SUCH FUNDS. THIS REQUEST INCLUDING THE JUSTIFICATION SHALL BE ENCLOSED WITH THE GRANT APPLICATION. 10. COMMENCEMENT OF PROJECT IF A PROJECT HAS NOT BEGUN WITHIN SIXTY (60) DAYS AFTER ACCEPTANCE OF THE SUBGRANT AWARD, THE RECIPIENT SHALL SEND A LETTER TO THE BUREAU INDICATING STEPS TO INITIATE THE PROJECT, REASONS FOR DELAY AND REQUEST AN EXPECTED PROJECT STARTING DATE. IF A PROJECT HAS NOT BEGUN WITHIN NINETY (90) DAYS AFTER ACCEPTANCE OF THE SUBGRANT AWARD, THE RECIPIENT SHALL SEND ANOTHER LETTER TO THE BUREAU, AGAIN EXPLAINING REASONS FOR DELAY AND REQUEST ANOTHER REVISED PROJECT STARTING DATE. UPON RECEIPT OF THE NINETY (90) DAY LETTER, THE DEPARTMENT SHALL DETERMINE IF THE REASON FOR DELAY IS JUSTIFIED OR SHALL, AT ITS DISCRETION, UNILATERALLY TERMINATE THIS AGREEMENT AND REOBLIGATE SUBGRANT FUNDS TO OTHER DEPARTMENT APPROVED PROJECTS. THE DEPARTMENT, WHERE WARRANTED BY EXTENUATING CIRCUMSTANCES, MAY EXTEND THE STARTING DATE OF THE PROJECT PAST THE NINETY (90) DAY PERIOD, BUT ONLY BY FORMAL WRITTEN AMENDMENT TO THIS AGREEMENT. 11. EXTENSION OF A CONTRACT FOR CONTRACTUAL SERVICES EXTENSION OF A CONTRACT FOR CONTRACTUAL SERVICES BETWEEN THE RECIPIENT AND A CONTRACTOR (WHICH INCLUDES ALL PROJECT BUDGET CATEGORIES) SHALL BE IN WRITING FOR A PERIOD NOT TO EXCEED SIX (6) MONTHS AND IS SUBJECT TO THE SAME TERMS AND CONDITIONS SET FORTH IN THE INITIAL CONTRACT. ONLY ONE EXTENSION OF THE CONTRACT SHALL BE ACCEPTABLE, UNLESS FAILURE TO COMPLETE THE CONTRACT IS DUE TO EVENTS BEYOND THE CONTROL OF THE CONTRACTOR. 12. EXCUSABLE DELAYS EXCEPT WITH RESPECT TO DEFAULTS OF CONSULTANTS, THE RECIPIENT SHALL NOT BE IN DEFAULT BY REASON OF ANY FAILURE IN PERFORMANCE OF THIS AGREEMENT ACCORDING TO ITS TERMS (INCLUDING ANY FAILURE BY THE RECIPIENT TO MAKE PROGRESS IN THE EXECUTION OF WORK HEREUNDER WHICH ENDANGERS SUCH PERFORMANCE) IF SUCH FAILURE ARISES OUT OF CAUSES BEYOND THE CONTROL AND WITHOUT THE FAULT OR NEGLIGENCE OF THE RECIPIENT. SUCH CAUSES INCLUDE BUT ARE NOT LIMITED TO ACTS OF GOD OR OF THE PUBLIC ENEMY, ACTS OF THE GOVERNMENT IN EITHER ITS SOVEREIGN OR CONTRACTUAL CAPACITY, FIRES, FLOODS, EPIDEMICS, QUARANTINE RESTRICTIONS, STRIKES, FREIGHT EMBARGOES, AND UNUSUALLY SEVERE WEATHER, BUT IN EVERY CASE THE FAILURE TO PERFORM SHALL BE BEYOND THE CONTROL AND WITHOUT THE FAULT OR NEGLIGENCE OF THE RECIPIENT. IF FAILURE TO PERFORM IS CAUSED BY FAILURE OF A CONSULTANT TO PERFORM OR MAKE PROGRESS, AND IF SUCH FAILURE ARISES OUT OF CAUSES BEYOND THE CONTROL OF RECIPIENT AND CONSULTANT, AND WITHOUT FAULT OR NEGLIGENCE OF EITHER OF THEM, THE RECIPIENT SHALL NOT BE DEEMED IN DEFAULT, UNLESS: A. SUPPLIES OR SERVICES TO BE FURNISHED BY THE CONSULTANT WERE OBTAINABLE FROM OTHER SOURCES, B. THE DEPARTMENT ORDERED THE RECIPIENT IN WRITING TO PROCURE SUCH SUPPLIES OR SERVICES FROM OTHER SOURCES, AND C. THE RECIPIENT FAILED TO REASONABLY COMPLY WITH SUCH ORDER. UPON REQUEST OF THE RECIPIENT, THE DEPARTMENT SHALL ASCERTAIN THE FACTS AND THE EXTENT OF SUCH FAILURE, 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. 13. OBLIGATION OF RECIPIENT FUNDS RECIPIENT FUNDS SHALL NOT UNDER ANY CIRCUMSTANCES BE OBLIGATED PRIOR TO THE EFFECTIVE DATE OR SUBSEQUENT TO THE TERMINATION DATE OF THE GRANT PERIOD. ONLY PROJECT COSTS INCURRED ON OR AFTER THE EFFECTIVE DATE AND ON OR PRIOR TO THE TERMINATION DATE OF THE RECIPIENT'S PROJECT ARE ELIGIBLE FOR REIMBURSEMENT. A COST IS INCURRED WHEN THE RECIPIENT'S EMPLOYEE OR CONSULTANT PERFORMS REQUIRED SERVICES, OR WHEN THE RECIPIENT RECEIVES GOODS, NOTWITHSTANDING THE DATE OF ORDER. 14. PERFORMANCB OF AGREEMENT PROVISIONS IN THE EVENT OF DEFAULT, NON-COMPLIANCE OR VIOLATION OF ANY PROVISION OF THIS AGREEMENT BY THE RECIPIENT, THE: RECIPIENT'S CONSULTANTS AND SUPPLIERS, OR BOTH, THE DEPARTMENT SHALL IMPOSE SANCTIONS IT DEEMS APPROPRIATE INCLUDING WITHHOLDING PAYMENTS AND CANCELLATION, TERMINATION OR SUSPENSION OF THE AGREEMENT IN WHOLE OR IN PART. IN SUCH EVENT, THE DEPARTMENT SHALL NOTIFY THE RECIPIENT OF ITS, DECISION THIRTY (30) DAYS IN ADVANCE OF THE EFFECTIVE DATE OF SUCH SANCTION. THE RECIPIENT SHALL BE PAID ONLY FOR THOSE SERVICES SATISFACTORILY PERFORMED PRIOR TO THE EFFECTIVE DATE OF SUCH SANCTION. 15. ACCESS TO RECORDS THE DEPARTMENT OF COMMUNITY AFFAIRS; THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, BUREAU OF JUSTICE ASSISTANCE; AND, THE AUDITOR GENERAL OF THE STATE OF FLORIDA, OR ANY OF THEIR DULY AUTHORIZED REPRESENTATIVES, SHALL HAVE ACCESS TO BOOKS, DOCUMENTS, PAPERS AND RECORDS OF THE RECIPIENT, IMPLEMENTING AGENCY AND CONTRACTORS FOR THE PURPOSE OF AUDIT AND EXAMINATION ACCORDING TO OFFICE OF JUSTICE PROGRAMS' FINANCIAL AND ADMINISTRATIVE GUIDE FOR GRANTS (GUIDELINE MANUAL 7100.1D). THE DEPARTMENT RESERVES THE RIGHT TO UNILATERALLY TERMINATE THIS AGREEMENT IF THE RECIPIENT, IMPLEMENTING AGENCY OR CONTRACTOR REFUSES TO ALLOW PUBLIC ACCESS TO ALL DOCUMENTS, PAPERS, LETTERS, OR OTHER MATERIALS SUBJECT TO PROVISIONS OF CHAPTER 119, FLORIDA STATUTES, AND MADE OR RECEIVED BY THE RECIPIENT OR ITS CONTRACTOR IN CONJUNCTION WITH THIS AGREEMENT. 16. AUDIT A. THE RECIPIENT SHALL PROVIDE TO THE DEPARTMENT ONE COPY OF AN ANNUAL AUDIT CONDUCTED IN COMPLIANCE WITH THE SINGLE AUDIT ACT OF 1984, P.L. 98-502. THE AUDIT SHALL BE PERFORMED IN ACCORDANCE WITH OMB CIRCULAR 1-128 AND OTHER APPLICABLE FEDERAL LAW. THE CONTRACT FOR THIS AGREEMENT SHALL BE IDENTIFIED WITH THE SUBJECT AUDIT IN THE SCHEDULE OF FEDERAL FINANCIAL ASSISTANCE. THE CONTRACT SHALL BE IDENTIFIED AS FEDERAL FUNDS PASSED- THROUGH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND INCLUDE THE CONTRACT NUMBER, CFDA NUMBER, AWARD AMOUNT, CONTRACT PERIOD, FUNDS RECEIVED AND DISBURSED. B. A COMPLETE AUDIT REPORT WHICH COVERS ANY PORTION OF THE EFFECTIVE DATES OF THIS AGREEMENT MUST BE SUBMITTED WITHIN 30 DAYS AFTER ITS COMPLETION, BUT NO LATER THAN SEVEN MONTHS AFTER THE AUDIT PERIOD. IN ORDER TO BE COMPLETE, THE SUBMITTED REPORT SHALL INCLUDE ANY MANAGEMENT LETTERS ISSUED SEPARATELY AND MANAGEMENT'S WRITTEN RESPONSE TO ALL FINDINGS, BOTH AUDIT REPORT AND MANAGEMENT LETTER FINDINGS. INCOMPLETE AUDIT REPORTS WILL NOT BE ACCEPTED BY THE DEPARTMENT AND W~LL BE RETURNED TO THE RECIPIENT. C. THE RECIPIENT SHALL HAVE ALL AUDITS COMPLETED BY AN INDEPENDENT PUBLIC ACCOUNT (IPA). THE IPA SHALL BE EITHER A CERTIFIED PUBLIC ACCOUNTANT OR A LICENSED PUBLIC ACCOUNTANT. D. THE RECIPIENT SHALL TAKE APPROPRIATE CORRECTIVE ACTION WITHIN SIX MONTHS OF THE ISSUE DATE OF THE AUDIT REPORT IN INSTANCES OF NONCOMPLIANCE WITH FEDERAL LAWS AND REGULATIONS. E. THE RECIPIENT SHALL ENSURE THAT AUDIT WORKING PAPERS ARE MADE AVAILABLE TO THE DEPARTMENT, OR ITS DESIGNEE, UPON REQUEST FOR A PERIOD OF FIVE YEARS FROM THE DATE THE AUDIT REPORT IS ISSUED, UNLESS EXTENDED IN WRITING BY THE DEPARTMENT. F. IF THIS AGREEMENT IS CLOSED OUT WITHOUT AN AUDIT, THE DEPARTMENT RESERVES THE RIGHT TO RECOVER ANY DISALLOWED COSTS IDENTIFIED IN AN AUDIT COMPLETED AFTER SUCH CLOSEOUT. G. THE COMPLETED AUDIT REPORTS SHOULD BE SENT TO THE FOLLOWING ADDRESS: DEPARTMENT OF COMMUNITY AFFAIRS OFFICE OF AUDIT SERVICES 2740 CENTERVIEW DRIVE THE RHYNE BUILDING TALLAHASSEE, FLORIDA 32399-2100 17 . PROCEDURES FOR CLAIM REIMBURSEMENT ALL CLAIMS FOR REIMBURSEMENT OF RECIPIENT COSTS SHALL BE SUBMITTED ON DCA NA FORM 3 (A-G, REVISED 1991) PRESCRIBED AND PROVIDED BY THE BUREAU. A RECIPIENT SHALL SUBMIT CLAIMS MONTHLY IN ORDER TO REPORT CURRENT PROJECT COSTS. ALL CLAIMS REQUESTING REIMBURSEMENT FOR OPERATING CAPITAL OUTLAY (OCO) ITEMS HAVING A UNIT COST OF $5,000 OR MORE AND A USEFUL LIFE OF ONE (1) YEAR OR MORE SHALL BE ACCOMPANIED BY A COMPLETED NON-EXPENDABLE PROPERTY FORM SIGNED BY THE RECIPIENT'S PROPERTY CUSTODIAN. IF LOCAL ACCOUNTING PROCEDURES REQUIRE OCO REPORTING AT A LESSER AMOUNT THAN $5,000, LOCAL REQUIREMENTS SHALL BE ADHERED TO. ALL CLAIMS FOR REIMBURSEMENT SHALL BE SUBMITTED IN SUFFICIENT DETAIL FOR PROPER PRE-AUDIT AND POST-AUDIT. ALL BILLS FOR FEES OR OTHER COMPENSATION FOR SERVICES OR EXPENSES SHALL BE SUBMITTED IN DETAIL SUFFICIENT FOR A PROPER PRE-AUDIT AND POST-AUDIT THEREOF. 18. RETENTION OF RECORDS THE RECIPIENT SHALL MAINTAIN ALL RECORDS AND DOCUMENTS FOR A MINIMUM OF THREE (3) YEARS FROM THE DATE OF THE FINAL FINANCIAL STATEMENT AND BE AVAILABLE FOR AUDIT AND PUBLIC DISCLOSURE UPON REQUEST OF DULY AUTHORIZED PERSONS. 19. 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 U.S. DEPARTMENT OF JUSTICE'S COMMON RULE FOR STATE AND LOCAL GOVERNMENTS OR OFFICE OF MANAGEMENT AND BUDGET'S (OMB) CIRCULAR A-110, ATTACHMENT N, PARAGRAPH EIGHT (8). 20. PROPERTY ACCOUNTABILITY THE RECIPIENT AGREES TO USE ALL NON-EXPENDABLE PROPERTY FOR CRIMINAL JUSTICE PURPOSES DURING ITS USEFUL LIFE OR REQUEST DEPARTMENT DISPOSITION. THE RECIPIENT SHALL ESTABLISH AND ADMINISTER A SYSTEM TO PROTECT, PRESERVE, USE, MAINTAIN AND DISPOSE OF ANY PROPERTY FURNISHED TO IT BY THE DEPARTMENT OR PURCHASED PURSUANT TO THIS AGREEMENT ACCORDING TO FEDERAL PROPERTY MANAGEMENT STANDARDS SET FORTH IN U.S. DEPARTMENT OF JUSTICE'S COMMON RULE FOR STATE AND LOCAL GOVERNMENTS OR OMB CIRCULAR A-110, ATTACHMENT N. THIS OBLIGATION CONTINUES AS LONG AS THE RECIPIENT RETAINS THE PROPERTY, NOTWITHSTANDING EXPIRATION OF THIS AGREEMENT. 21. DISPUTES AND APPEALS THE DEPARTMENT SHALL MAKE ITS DECISION IN WRITING WHEN RESPONDING TO ANY DISPUTES, DISAGREEMENTS OR QUESTIONS OF FACT ARISING UNDER THIS AGREEMENT AND SHALL DISTRIBUTE ITS RESPONSE TO ALL CONCERNED PARTIES. THE RECIPIENT SHALL PROCEED DILIGENTLY WITH THE PERFORMANCE OF THIS AGREEMENT ACCORDING TO THE DEPARTMENT'S DECISION. IF THE RECIPIENT APPEALS THE DEPARTMENT'S DECISION, IT SHALL BE MADE IN WRITING WITHIN TWENTY-ONE (21) CALENDAR DAYS TO THE SECRETARY OF THE DEPARTMENT, WHOSE DECISION IS FINAL. IF THE RECIPIENT APPEALS THE DEPARTMENT'S DECISION, IT ALSO SHALL BE MADE IN WRITING WITHIN TWENTY-ONE (21) CALENDAR DAYS TO THE DEPARTMENT'S CLERK (AGENCY CLERK). THE RECIPIENT'S RIGHT TO APPEAL THE DEPARTMENT'S DECISION IS CONTAINED IN CHAPTER 120, FLORIDA STATUTES, AND IN PROCEDURES SET FORTH IN CHAPTERS 28-5 AND 9-5, FLORIDA ADMINISTRATIVE CODE. FAILURE TO APPEAL WITHIN THIS TIME FRAME CONSTITUTES A WAIVER OF PROCEEDINGS UNDER CHAPTER 120, FLORIDA 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 BUREAU, OF THE U.S. DEPARTMENT OF JUSTICE'S BUREAU OF JUSTICE ASSISTANCE OR BOTH HAVE THE PRIVILEGE OF VISITING THE PROJECT SITE TO MONITOR, INSPECT AND ASSESS WORK PERFORMED UNDER THIS AGREEMENT. 23. PUBLICATION OR PRINTING OF REPORTS A. BEFORE PUBLICATION OR PRINTING, A FINAL DRAFT OF ANY REPORT REQUIRED UNDER OR PERTAINING TO THIS AGREEMENT SHALL BE SENT TO THE BUREAU FOR ITS REVIEW AND COMMENT. B. PUBLICATIONS OR PRINTED REPORTS COVERED UNDER 22. ABOVE SHALL INCLUDE THE FOLLOWING STATEMENTS ON THE COVER PAGE: 1. "THIS REPORT WAS PREPARED FOR THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, WILLIAM E. SADOWSKI, SECRETARY, IN COOPERATION WITH THE U.S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE." THE NEXT PRINTED LINE SHALL IDENTIFY THE MONTH AND YEAR THE REPORT WAS PUBLISHED. 2. "CONCLUSIONS AND OPINIONS EXPRESSED IN THIS REPORT ARE THOSE OF THE RECIPIENT AND DO NOT NECESSARILY REPRESENT THOSE OF THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE ASSISTANCE, OR ANY OTHER AGENCY OF THE STATE OR FEDERAL GOVERNMENT." 24 . EQUAL EMPLOYMENT OPPORTUNITY (EEO) NO PERSON, ON THE GROUNDS OF RACE, CREED, COLOR OR NATIONAL ORIGIN SHALL BE EXCLUDED FROM PARTICIPATION IN, BE REFUSED BENEFITS OF, OR OTHERWISE SUBJECTED TO DISCRIMINATION UNDER GRANTS AWARDED PURSUANT TO PUBLIC LAW 89-564, NON- DISCRIMINATION REQUIREMENTS OF THE ANTI-DRUG ABUSE ACT OF 1988; TITLE IV OF THE CIVIL RIGHTS ACT OF 1964; SECTION 504 OF THE REHABILITATION ACT OF 1973 AS AMENDED; TITLE IX OF THE EDUCATION AMENDMENTS OF 1972; THE AGE DISCRIMINATION ACT OF 1975; AND, DEPARTMENT OF JUSTICE NON-DISCRIMINATION REGULATIONS 28 CFR PART 42, SUBPARTS C, D, E, AND G. THE RECIPIENT AND A CRIMINAL JUSTICE AGENCY THAT IS THE IMPLEMENTING AGENCY AGREE TO CERTIFY THAT THEY EITHER DO OR c DO NOT MEET EEO PROGRAM CRITERIA AS SET FORTH IN SECTION 501 OF THE FEDERAL OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF ~968 AS AMENDED AND THAT THEY HAVE OR HAVE NOT FORMULATED, IMPLEMENTED AND MAINTAINED A CURRENT EEO PROGRAM~ . SUBMISSION OF THIS CERTIFICATION IS A PREREQUISIT~ TO ENTERING INTO THIS AGREEMENT. THIS CERTIFICATION-IS A MATERIAL REPRESENTATION OF FACT UPON WHICH RELIANCE WAS PLACED WHEN THIS AGREEMENT WAS MADE. IF THE RECIPIENT OR 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 CONDITIONS AND PENALTIES IMPOSED BY SECTION 802. TITLE I. PUBLIC LAW 90-351 (REFERENCE 42 CFR. SECTION 3783. PAGE 902l. ANY STATE AGENCY, COUNTY OR CITY RECEIVING $500,000 OR MORE IN FEDERAL ANTI-DRUG ABUSE ACT FUNDS SHALL SUBMIT THEIR EQUAL EMPLOYMENT OPPORTUNITY PLAN TO THE BUREAU. 25. NON-PROCUREMENT, DEBARMENT AND SUSPENSION THE RECIPIENT AGREES TO COMPLY WITH EXECUTIVE ORDER 12549, DEBARMENT AND SUSPENSION (34 CFR, PART 85, SECTION 85.510, PARTICIPANT'S RESPONSIBILITIES). THESE PROCEDURES REQUIRE THE RECIPIENT TO CERTIFY IT SHALL NOT ENTER INTO ANY LOWER TIERED COVERED TRANSACTION WITH A PERSON WHO IS DEBARRED, SUSPENDED, DECLARED INELIGIBLE OR IS VOLUNTARILY EXCLUDED FROM PARTICIPATING IN THIS COVERED TRANSACTION, UNLESS AUTHORIZED BY THE DEPARTMENT. 26. PAYKENT 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. 27. FEDERAL RESTRICTIONS ON LOBBYING THE RECIPIENT AGREES TO COMPLY WITH SECTION 319 OF PUBLIC LAW 101-121 SET FORTH IN "GOVERNMENTWIDE GUIDANCE FOR NEW RESTRICTIONS ON LOBBYING; INTERIM FINAL GUIDANCE", PUBLISHED ON DECEMBER 30, 1989, FEDERAL REGISTER. EACH PERSON SHALL FILE THE MOST CURRENT EDITION OF THIS CERTIFICATION AND DISCLOSURE FORM, IF APPLICABLE, WITH EACH SUBMISSION THAT INITIATES AGENCY CONSIDERATION OF SUCH PERSON FOR AWARD OF FEDERAL CONTRACT, GRANT, OR COOPERATIVE AGREEMENT OF $100,000 OR MORE; OR FEDERAL LOAN OF $150,000 OR MORE. THIS CERTIFICATION IS A MATERIAL REPRESENTATION OF FACT UPON WHICH RELIANCE WAS PLACED WHEN THIS AGREEMENT WAS MADE. SUBMISSION OF THIS CERTIFICATION IS A PREREQUISITE TO ENTERING INTO THIS AGREEMENT SUBJECT TO CONDITIONS AND PENALTIES IMPOSED BY SECTION 1352, TITLE 31, 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 FAIL~E TO FILE. THE UNDERSIGNED CERTIFIES, TO THE BEST OF HIS OR HER KNOWLEDGE AND BELIEF, THAT: A. NO FEDERALLY APPROPRIATED FUNDS HAVE BEEN PAID OR SHALL BE PAID TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO . INFLUENCE AN OFFICER OR EMPLOYEE OF ANY FEDERAL AGENCY, A MEMBER OF CONGRESS, AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THE AWARDING OF ANY FEDERAL LOAN, THE ENTERING INTO OF ANY RENEWAL, AMENDMENT, OR MODIFICATION OF ANY FEDERAL CONTRACT, GRANT, LOAN OR COOPERATIVE AGREEMENT. B. IF ANY NON-FEDERAL FUNDS HAVE BEEN PAID OR SHALL BE PAID TO ANY PERSON FOR INFLUENCING OR ATTEMPTING TO INFLUENCE AN OFFICER OR EMPLOYEE OF CONGRESS, OR AN EMPLOYEE OF A MEMBER OF CONGRESS IN CONNECTION WITH THIS FEDERAL CONTRACT, GRANT LOAN, OR COOPERATIVE AGREEMENT, THE UNDERSIGNED SHALL COMPLETE AND SUBMIT ACCORDING TO ITS INSTRUCTIONS. C. THE UNDERSIGNED SHALL REQUIRE THAT THE LANGUAGE OF THIS CERTIFICATION BE INCLUDED IN AWARD DOCUMENTS FOR ALL SUBAWARDS AT ALL TIERS AND THAT ALL SUBRECIPIENTS SHALL CERTIFY AND DISCLOSE ACCORDINGLY. 28. STATE RESTRICTIONS ON LOBBYING IN ADDITION TO THE PROVISIONS CONTAINED IN PARAGRAPH 25 OF SECTION H, ACCEPTANCE AND AGREEMENT, THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF LOBBYING THE LEGISLATURE OR A STATE AGENCY IS PROHIBITED UNDER THIS CONTRACT. 29. STATEMENT OP PEDERAL PUNDING PERCENTAGE AND DOLLAR AMOUNT WHEN ISSUING STATEMENTS, PRESS RELEASES, REQUESTS FOR PROPOSALS, BID SOLICITATIONS, AND OTHER DOCUMENTS DESCRIBING PROJECTS OR PROGRAMS FUNDED IN WHOLE OR IN PART WITH FEDERAL FUNDS, ALL GRANTEES AND RECIPIENTS RECEIVING THESE FEDERAL . FUNDS, INCLUDING BUT NOT LIMITED TO STATE AND LOCAL GOVERNMENTS, SHALL CLEARLY STATE: A. THE PERCENTAGE OF THE TOTAL COST OF THE PROGRAM OR PROJECT THAT SHALL BE FINANCED WITH FEDERAL FUNDS, AND B. THE DOLLAR AMOUNT OF FEDERAL FUNDS TO BE EXPENDED ON THE PROJECT OR PROGRAM. OK~Y~ETrY ~~~~3~~E (305) 294-4641 Thomas W. Brown County Administrator Monroe County Public Service Building Wing II, Stock Island Key West, Florida 33040 (305) 292-4741 October 2, 1992 Mr. John A. Lenaerts, Chief Bureau of Public Safety Management Division of Emergency Management Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 Dear Mr. Lenaerts: BOARD OF COUNTY COMMISSIONERS MA YOR. Wilhelmina Harvey. District 1 Mayor Pro Tem. Jack London. District 2 Douglas Jones, District 3 A. Earl Cheal. District 4 John Stormont, Distnct 5 Re: Monroe County FY93'Anti-Drug Abuse Application 93-CJ-79-11-54-01-060: Life Center 93-CJ-79-11-54-01-062: Program Administration Dear Mr. Lenaerts: The Monroe County Board of Commissioners executed Resolution No. 411-1992 on August 27, 1992, which authorized the County Administrator with signature authority on the Department of Community Affairs Anti-Drug Abuse Grant applications. It has come to my attention that in order for the signature of Mary S. Broske, Director of Grants Management, to be recognized as the Administrator of the Implementing Agency for the above-referenced grant applications, authorization is required from this Office. May this letter serve as authorization for Mary S. Broske to serve as Administrator of the Implementing Agencies for the above-referenced grant applications, and for her to be authorized with signature authority as Administrator of the Implementing Agency for the same grant applications. TWB/msb /l:S;\ ~LJ RECYCLED PAPER r-, l ru T' r. 1.1. .. r r " . .1. , I ~.~ r- ( \ r' ~ ' ~ .92 SEP -3 P 2 :40 RESOLUTION NO. 411-1992 ~\'JHR(:; j", . : ;! j ~l: ~ A RESOLUTION OF THE BOARD OF COMMISSIONERS OF . 'MONROE COUNTY HEREBY AUTHORIZING THE COUNTY i.~DMINISTRATOR WITH SIGNATURE AUTHORITY ON THE APPLICATIONS FOR THE DEPARTMENT OF COMMUNITY AFFAIRS ANTI-DRUG ABUSE FISCAL YEAR 93 FUNDING WHEREAS, .the Monroe County Board of Commissioners authorized the submission of an Anti-Drug Abuse grant application to the Department of Community Affairs by Resolution No. 280-1992, executed June 10, 1992; and WHEREAS, the Department of Community Affairs has received the application and has reviewed for compliance; and WHEREAS, the Department of Community Affairs has determined that additional information must be submitted prior to any further review; and WHEREAS, one of the requested revisions requires that the Board authorizes the County Administrator with signature authority on the grant applications; now therefore BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the .Board authorizes the County Administrator with signature authority on the Department of Community Affairs Anti-Drug Abuse Grant applications. PASSED AND AQOPTED by the Board of County Commissioners of Monroe County, Florida, at a special meeting of said Board held on the 27th day of August, A.D. 1992. Mayor Harvey Yes Mayor ProTem London Yes Commissioner Jones Yes Commissioner Cheal Yes Commissioner Stormont Yes BOARD OF COUNTY COMMISSIONERS , . OF ~RO~.ffUNq'Y' ~\ DANNY L. .XOlBAGE, Clerk By: .. _ \ -~. "l). ..,.. p . '(- (Seal) .QL ~ ~ . Attest: '. . _ !,I!! . r' r"'\'''' :-'\ r (", ,).., r F : L E [I "'I'. '.' 'I"' .92 JUN 17 ll\iElsbLUTION' OF THE MONROE COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE SUBMISSION OF AN ANTI-DRUG ABUSE GRANT APPLICATION TO THE DEPARTMENT OF COMMUNITY AFFAIRS RESOLUTION NO.280-1992 OMB/Grants . ;\',' \IL I i", . . . . :lJN. : , 1.1-., ~t'JHR(H WHEREAS, the Department of Community Affairs (DCA) has announced the FY92/93 funding cycle of the Anti-Drug Abuse Act Formula Grant Program; and WHEREAS, on April 22, 1992, the Monroe County Board of Commissioners signed a Certificate of Participation and agreed to act as the coordinating unit of government for the . purpose of preparing Monroe County application(s) for grant fund requests to DCA; and WHEREAS, the Substance Abuse Policy Advisory Board, with consideration given to the county's current drug control activites, has recommended six agencies that provide the community with programs 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 Substance Abuse Policy Advisory Board's recommendations to request funding for the programs provided by the following agencies: Monroe County Office of Substance Abuse, Key West Police Department, Monroe County Sheriff Department, Life Center Foundation, Pretrial Services, and the Guidance Clinic of the Middle Keys; and that 2. The County Administrator is hereby authorized to submit an application for grant funds on behalf of Monroe County; and that 3. This resolution shall become effective immediately uponl adoption by the Commission and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe county, Florida, at a regular meeting of said Board held on the 10th day of June, A.D. 1992. Mayor Harvey Mayor Pro Tem London Commissioner Cheal Commissioner Jones Commissioner Stormont Yes Yes Yes Yes Yes By oc. DANNY ~JrAGE,Clerk BOARD OF COUNTY COMMISSIONERS 1~::;L~ . ~_J~~~: ~~;~:~~y _~ ... ~ '.~'; t!. TF.: OF flORIDA) C~~)T}n ry O? MONROE) '.:!!; ~::"';~'i i;1 0 T::-UG Copy of the O'i;:-:-:...... ,...;~ F1k ;::1 this OUite-. Witn.,. . . , .' '" . . '" ] :. .~;;;Z""~:~ :;0 ~~.._ ~ 10$~ ~ , 'It ""T],...'{ T v-OL'ZTAG't:' D.l;'.l\, .... l'.,. _ .,., !,. Ck~ " :...... , '," ~ ,IP"',;" '.. ''"', ~, , ~""Zl,C, EEO CERTIFICATION LETTER - SUBGRANT RECIPIENT Mr. John A. Lenaerts, Chief Bureau of Public Safety Management Division of Emergency Management Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399-2100 RE: Compliance with Equal Employment Opportunity (EEO~ Program Requirements -- SubgrantRecipient Dear Mr. Lenaerts: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the named (type or print) SUBGRANT RECIPIENT: r10nroe County Board of Commissioners CHECK ONE: Meets Act criteria. [X] Does not meet Act criteria. c:J I affirm that I have read the Act criteria set forth in subgrant instructions and understand that if the RECIPIENT meets these criteria, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the RECIPIENT: CHECK ONE: Has a current EEO Program Plan. []J Does DQt have a current Plan. c:J I further affirm that if the RECIPIENT meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. BY: Thomas W. Bro OF AUTHORIZED OFFICIAL TITLE: County Administrator DATE: October 2, 1992 33 .. . I. SIGNATURE PAGE IN WITNESS WHEREOF, THE PARTIES AFFIRM THEY EACH HAVE READ AND AGREE TO CONDITIONS SET FORTH IN SECTION "I" OF THIS AGREEMENT, HAVE READ AND UNDERSTAND THE AGREEMENT IN ITS ENTIRETY AND HAVE EXECUTED THIS AGREEMENT BY THEIR DULY AUTHORIZED OFFICERS ON THE DAY, MONTH AND YEAR SET OUT BELOW. CORRECTIONS INCLUDING STRIKEOVERS, WHITEOUTS, ETC., ON THIS PAGE ARE NOT ACCEPTABLE. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF EMERGENCY MANAGEMENT BUREAU PUBLIC SAFETY MANAGEMENT BY: DAT . SUBGRANT RECIPIENT AUTHORIZING OFFICIAL OF GOVERNMENTAL UNIT (COMMISSION CHAI YOR, OR DESIGNATED REPRESENTATIVE) BY: Thomas tl. TITLE: Honroe County Administrator DATE:. October 2 1992 IMPLEMENTING AGENCY OFFICIAL, ADMINISTRATOR OR DESIGNATED REPRESENTATIVE BY: Hary S. Broske r ~~:j~ TITLE: Director . Grants , DATE: October 2 1992 ,