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HomeMy WebLinkAbout2000-340The Honorable Fran B. Adams Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Beth Hamilton at 850/410 -8700 - Sincerely, Claytn H, Wilder Community Program Administrator CHW1BHImg Enclosures i i i State of Florida office of Criminal Justice Grants Florida Department of Law Enforcement CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 01 -Ci -ii -10-40-01.154 in the amount of $90,360, for a project entitled: Multi -Agency Drug Enforcement Unit V'I for the period of 10/01%2000 through 09/30/2002, in accordance with the statement of work contained in the subgrant application, and subject to the Florida Department of Law Enforcement's conditions of agreement and special conditions governing this subgrant. (Signature of Authorized official) Fran B. Adams Chairman (Typed Name and Title of official) November 14, 2000 (Date of Acceptance) State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement SUBGRANT AWARD CERTIFICATE Subgrantee: Indian Liver County Board of Commissioners I Date of Award: October 19, 2000 Grant Period: From: 10/01%2000 To: 09/30/2001 Project Title: Substance Abuse Administration Grant Grant Number: 01 -CJ -JI -10--40-01-153 Federal Funds; $15,777.00 BGMT"F Funds: State Agency Match: Local Agency Match: $5,259.00 Total Project Cost: $21,036.00 Program Area; ADM 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 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. • CJ SUBGRANT AWARD CERTIFICATE (CONTINUED)- Additionally, CONTINUED] : Additionally, the following special conditions apply to Section H of the contract: (1) The office of Criminal Justice Grants, which administers the Byrne State and Local Law Enforcement Grant Program, was transferred from the Florida Department of Community Affairs to the Florida Department of Law Enforcement through action of the Florida Legislature in the 2000 General Appropriations Act (House Bill 2147), effective July 1, 2000. Therefore, the following revisions will apply to this grant: (a) All references to the Department of Community Affairs should be read as the Florida Department of Law Enforcement. (b) All references to the Bureau of Community Assistance should be read as the Office of Criminal Justice Grants. (c) item 16.g, the mailing address for audit reports, should read: Florida Department of Law Enforcement Office of Inspector General Post Office Bax 1489 Tallahassee, FL 32302-1489 (d) Item 23.b(1), should read: James T. "Tim" Moore, Commissioner (2) There is a clerical error in Section H, item 24, Equal Employment Opportunity. The reference to the Civil Rights Act of 1964 should be Title VI, not title IV. 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. Authorized official Clayto H. Wilder Community Program Administrator 10 -12 - Date / -Date [X)This award is subject to special and/or standard conditions 0 F.] Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program This sacaon to be completed by thASubgranteo.' This section to be completedbyBCA: 20D1 DCA Contract Number Continualion of P,evrous Subgrant7 A YesSFY If Yes, enter state Project ID # of Previou2041 C J - J - (} 0l 153 ptl cJ -cm • 111 oUnique ID # 90-^099PAN: ADM_ CFDA #: 16.579 A Names & Addresses 1. Sub rant Recipient Name of Chief Elected Official Fran B. Adams Title Chairman, Indian River Board of County Commissioners Address 1849 25" Street City, State, Zip Code Vero Beach, FI- 32950 Area CodelPhone # (551) 567-8000 x 490 SUNCOM # 224-1490 Area Code/Fax # (561) 770-5334 2. Chief Financial Officer Name of Chief Financial Officer 'Edwin Fry Title Finance Director Address 1840 25" Street City, State, Zip Code Vero Beach, FL 32960 Area CodelPhone # (56 1 ) 567-8000 SUNCOM # Area Cod elFax # (561) 770-5095 224-1205 3. Im 1 Name of Chief Executive Official Kimberly Massung (designed representative) Title Executive Aida Address: 1840 25" Street City, State, Zip Code Vera Beach, FL 32960 Area CodelPhone#(561) 557-8090 x 1433 1 SUNCOM # 224-1433 Area CodelFax # (561) 770.5334 4. Project Director and Contact Person, if different from Project Director Name of Project Director Kimberly Massung Title Executive Aide E -Mail kmassurig@bcc.co,indian-river.(I.us Address 1840 25" Street City, State, Zip Code Vero Beach, FL 32960 Area CodelPhone # (561) 567-8000 x 1493 SUNCOM 3 # Area CodelFax # (551) 77D-5334 224-143 Name and Title of Contact Person Colette Heid Address 250127" Ave., Suite A-7 E -Mail Address deslc[7u msrl.Com Laity, State, Zip Code: Vero (leach, FI 32ND Area CodelPhone # (561) 770.4811 SUNCOM # Area CodelFax # (561) 770-4822 Sal,grant Appicabon Secbon 11- Page 1 or 16 OLEdward Byrne MernodW Stara and Local Law -- I . aw Enforcement AsWstance Formula Grant Program 13. Administrative Data 1. 2. Project Title (Not to exceed 84 characters, including spaces) Substance Abuse Adminlstratlon Grant X =or Period Period Month Day Year Beginning Ocibk)Cr" 01 2000 Ending S,Et-Cr be -v- 30 2001 doscoptron of ward responsimflies. f A Yes LJ No C. Fiscal Data 1. (It citiorman the (Inlet I-manc4al tlttn?er) Kemn warrant to: N/A Note, If the ciihoranten is narliranalino in the State of 'Florida Comotroller's office electronic transfer program, reimbursement cannot be remitted to any other entity. 2. Method of Payment: X Monthly CI Quarterly (It is mandatary that the method selected be consistent throughout the entire grant period.) 3. Vendor # (Enter Federal Employer Identification Number of Subgrantee): 59-6000674 4. SAMAS # (Enter if you are a state agency) NIA 5. Will the Project earn Project Generated Income (PGI)? a Yes X No (Sea Section K, Paragraph 13, for a definition of PCNL) 6. Will the applicant be requesting an advance of federal runds? Fl Yes x No (If Yes, a tetter of request must be attached.) S,+t nvif App"bon t +7 t!' - 11�p 2 0 16 Edward Elyme btemorlal State and Local Law Enforcement Assistanco Formula Grant Program Program Data Refer to the BCA Grants Management Technical Assistance Workshop Manual. Use this as a guide to assist you in completing Section 0. Problem identification. Briefly describe a specific problem to be addressed with subgrant funds. If you are seeking funds to continue existing project activilles, your problem statement must also proAdo a short summary of your current program and describe any gaps between current and desired project results. Program Descrip ion. Briefly describe how project activities will address the targeted problem. Describo who will do what, when, where and how. SFE PAGE 2 OF INSTRUCTIONS ON ITEMS TO INCLUDE. Start bojbw and use continuation pages as nacessary. PROBLEM IDENTIFICATION The Substance Abuse Council of Indian River County is continuing to seek funding to continue with its current administration project objectives. The Council's focus continues to provide a mechanism for identifying gaps between current and desired project results via the continued coordination and monitoring of alcohol and other drug abuse efforts within Indian River County. The Council has administered the Anti -Drug Abuse Grant for Indian River County since. 1990. During those years, all project related objects have been met. The Council's mission reads: "The Substance Abuse Council is committed to preventing the rise of illicit drugs and abuse of addictive, mind -altering substances." PROGRAM DESCRIPTION Indian River County continues to be plagued by drug related activity. The Council must continue to be staffed by a full-time staff person in order for Indian River County to realize its adopted goals and continue to properly coordinate the county's alcohol and drug abuse efforts. Staff oversees projects funded by the Anti -Drug Abuse grant funds. Staff performs ail specific activities related to these funds, including site -visits for program monitoring and evaluation; technical assistance; coordination of project presentations before the Substance Abuse Council Board; administration activities related to the monthly and quarterly reporting by projects; research and preparation of research papers focusing on the scope of alcohol and drug abuse problems affecting Indian River County. Staff additionally provides administrative and informational support to the Council, executes the Council's decisions, networks and communicates with other public and private organizations to exchange information, constructs a data base of relevant information and statistics to ascertain the scope of the drug and alcohol problems in the County, plans public information and other programs to build community acceptance of the Council, prepares grant proposals distributes informational materials such s newsletters, brochures and feature articles, attends all Council meetings and other relevant meetings, operates within the annual budget and safeguards all Council assets, prepares reports and conducts all other duties as assigned by the Council. Se1Qran4Ayg"- socbm 0 - Pane 3 Of 16 C-1 • 40 Edward Syme Memorial State and Local Enforcement Assistance Formula Grant urogram D. Program Data (Continued) Activities Implementation Schedule. Complete the Activities 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 W has been inserted For reports that are mandatory for all projects. Place an additional W to Indicate ones applicable to your project. Delete the activilyladian that does not apply to your project, i.e., if your project does not earn PGI, delete that activity from this schedule. ACTNtTIES IMPLEMENTATION SCHEDULE. gubgrant Period October 1 20Q0 September 3Q 2001 (Beginning Date _ Endlag Datej +—ITNITYfACTION Oct Nov Dec an Feb Mar r May �un Jul Aug Submit Monthly Claims (Financlal Reimbursement Request Submit Quarterly Clalms (Financial Reimbursement Request ) Submit Financial Closeout Package 0 Submit Quarterly Program Reports Submit Research papers Program assessment, revision and development k I Arrange site visits x xi, x XX KXx Advertise request for RFP Distribute grant appl. & arrange for Advisory Bd. to review proposals XX �%.rvnr e._.kftw Sachin 0 - Pap 4 d 16 Edward Byrne Memorial Stato and Local LOW Enforcement Assistance Formula Grant Program E. p ram objectives and performance Measures Complete uniform program objectives and performance measures (found In Anpendfx � for tine federally authorized prmgfam area you want to implement. Your application is not complete without them and an Incomplete application will not bo considered for subgrant funding, It the program aroo you selected does not have uniform program objectives published In this document or if you cannot relate your objectives to those stated, contact Tom Bishop at 85014N-8016 for further instructions, DO NOT mix objectives from different program Areas. Start oebw and use continuation pages as necessafy. AOM 1. ADM 2. ADM 3, performance objactivos for Purpose Area ADM Adminlstratfon Conduct 12 Substance Abuse policy Board meetings. Write d issuelresearch papers. Conduct 36 monitoringl000rdinating reviews.. Sw" 6 - papa Sof 16 E11 40 40 Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Pro ect Budget Narrative You must describe line items for earh applicable Budget Category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. In addition, describe specific sources of matching funds. Start below and use continuation pages as necessary. This project will use 10 percent of the total allocated funding for administrative purposes. The funds requested will cover approximately 40 percent of the Executive Directors time and 40 percent of operating expenses. The Executive Director has a Master's Degree in Education with a specialty in Environmental Education, and has experience in the areas of administration and planning. The Executive Director provides administrative support to the Substance Abuse Council Board and coordinates and monitors the alcohol and drug abuse efforts in the County. Salary and benefits and operating expenses are incurred in order to meet the administrative objectives of this grant. The salary and benefits and operating expenses provided by this grant are partial, with the remainder being funded by a grant from the local United Way, other foundations and donations. Purchasing methods conform to existing laws and regulations. 25% Match will be made by Indian River County SALARY AND BENEFITS Salary„ Substance Abuse Council Executive Director .......................... 18,000 BENEFITS Medical Insurance................................................................................... 960 FICA& Medicare ................................................................................ 1,377 Retirement...............................................................................................540 Worker's Compensation........................................................................--15 9 TOTAL SALARY AND BENEFITS 21,036 Subgrant ApWaban TOTAL $21,036 Section It . Page 5 ar 15 r_ Al Edward Syme Mem dol Stab and Local taw Fnfairement Assistance Formula Grant Program G. Prolect Budoet Schedule The Project Budget Schedule includes six Budget Categories (Salaries and Benefits, Contractual Services, Operating Caplial Outlay (OCO), Data Processing Services, and Indirect Costs) and Total Project Costs, To Match must be a minimum of 26% of the Total Budget. Type or Print Dollar Amounts Only In ApplIcshla Categories and leave gars Blank. Budget Category Federal Match Total Salaries And Benefits 15. 777.00 5, 259.401 21, 036.00 Contractual Services 0 0 0 Expenses 0 0 0 Operating Capital Outlay 0 0 0 Data Processing 0 0 0 Indirect Costs 0 0 0 Totals 15, 777:00 5,259.00 21, 036.04 S"L tt.1 N - Flao fo 7 or 14; xrnses, it Local H. Edward Byme Memorial State and Local Law Enforcement Aaststonce Formula Grant Program aria All persons involved in or having administrative responsibility for the subgrant must read these"Acceptance and Aareement" conditions. This "Acceptance and Agireemenr ISection tf) must be returned as part of the conmpteted allcatlon. Note Condition No. 12: Only project costa Incurred on or attar the offectivo date of this agreement and on or prior to the termination date of a roclplenirs {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 coats being disallowed. The term "dopa bnont", unless otherwise stated, refers to the Department of Community Affairs, The term "Bureau", unless otherwise stated, refers to the Bureau of Community Assislance. The term "subgrant rociplenY' refers to the governing body of a city or a county or an Indian Tribe which Worms criminal justice functions as determined by the U.S. Secretary of the Interior, and includes an "Implementing agony"which Is a subordinate agency of a city, county or tndian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). 1. Reports a. Project Performance Reports: The recipient shall submit department Quarterly Project Porformanco Reports to the Bureau by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination nate. to addition, if the subgrant award period is extended beyond the "original" project period, additional QuarferlyProject Performance Reports shall be submitted. I b. Financial Reports: The recipient shall have a choice of submitting either Monthly or Quorterry Financial Clain? Reports [DCA -CJ Form -3(A -G) to the bureau. Monthly Reimbursement Claims (1-11) are due thirty-one (31) days after the end of the reporting period. Quarterly Relmbursament Claims (1-3) are due thirty-one (31) days after the and of the reporting period. A final Financial Clain? Report and a CAminaf dustico Contract (Financing Closoouf Package shall be submitted to the bureau within forty-five (45) days of the subgrant termination periost. Such claim shall be distinctly identified as "Final". Before the"final" claim will be processed, the recipient must submit to the department all oulslandirrg project reports and must have satisfied all special conditions. 'Failure to comply with the above provisions shall result in forfeiture of reimbursement. The recipient shall submit department Quarteriv Project Geueratod Income Roporfs to the bureau by i 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 Paragraph 14. Program Income.) c. Other Reports: 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. section H - Page 8 of 16 e Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program All expenditures and cost accounting of funds shall conform to Office of Justice Programs Financial Guldo, U.S. [)apartment of Justice Common Rule for State and Loco) Govorrirraents, and In federal Office of Management and Flodget's PAM) Circulars A-21, A-87, ondA-11£1, in their entirely]. All funds not sunt according to this agreement shall be subject to repayment by the recipient. 3. Approval of Consultant Contracts The department shall review and approve In writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contraofs comptiancewith requirements found in the Office of Justice Programs Financial Guido, U.S. Department of Justice t",ornmon Buie for State and Local Govonimonts, and in applicable state statutes. The department's approval of the recipient agreement does not constitute approval of consultant contracts. 4, 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 F-08"181 Garrido, U.S. Department of Justice Comnron Rule for S1ato And Local Govamnlonts and federal OMB Circular No. A-f{T, "Cast Principles for State and Local Governments'", or OMR Circular No. A-21, "Cast 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 Cornnrort Raba for Slato and LocalGovemrnents, or Attachment 'O" of OMB Circular No. A -1N and Florida law to be digibie for reimbursement. 5. 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 Sfafrrtes. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes, S. Written Approval of Changes in this Approved Agreement Recipients shall obtain approval from the deparirnent for major changes. These indude, but are not limited to: a. Chantries in project activities, designs or research plans set forth in the approved agreement; b. (3udget deviations that do riot meet the following criterion. That is, a recipient may transfer funds of between budget categories as long as the total amount of transfer does riot exceed ten (10) Percent the total approved budget 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 it 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 Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category.) 7. Reimbursement Subject to Available Funds The obligation of the Stale of Florida to reimburse rodpients for incurred costs is subject to available federal Anti -Drug Abuse Act funds- ua.,:iyY' 4 AAW-m say SoLt on N - P400 9 at 10 C] Edward Byrne Memorial State and Local Law Enforcement Asslstanco Formula Grant program 8. Advance Funding Advance funding is authorized up to twenty-fivo (25) percent of the federal award for each project according to Section 216.181(IN(b), Florida Sfatutes (1991); the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for Sfato and vocal 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 subgrant rafrpllcation. 9. Commencement of Project if a project has not begun wilhin sixty (60) days alter acceptance of the subgrant award, the recipient shall send a letter to the bureau indicating steps to initiate the project, reason for delay and request a revised 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 the reason for delay and request another revised project 1 starting date. Upon receipt of the minety (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 v"torf aniondenont to this agreement. 10. Cxtension 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) rrionlhs and is subject to the same terms and conditions set forlh in the initial contract. Only one extension of the contract shag be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 11. Excusable Delays Except with respect to defaults of consullants, 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 withoul the fault or negligence of the recipient. Such causes include, but are not limited to, acts of Gad or of the public enemy, acts of the government in either its sovereign or contractual capaclly, 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 recipieant 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, unoss: a. Supplies or services to be furnished by the consultant were obtainable from other sources, b. The department ordered the recipiont 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 accrrdingly. Sib Xw d AprA. aten seccwnu-Nays 14&16 Edward lsyme Memorial State and Local Law Enforcement Asslstenco Formula Grant Program 12. Obllgation of Recipient Funds Recipient funds shall not under any circumstances be obligated prior to the offective date or subsequent to the termination date of the grant period, Only project coatm Incurred on or after tho effiactive data and on or prior to the termination data of the recipient's project are eligible for rohnhursement- A cost Is incurred when the recipient's employee or consultant performs required services, or when the recipient receives goods, natwitltstandIng the date of order. 13. Program Income (also known as Project Generated Income) Program income rnauns the gross income earned by the recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rufe for Slate and Local Goverrirmnt. Reference: Rhe Cash Management improvement Act of 1990). 14. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the recipient, the redpienTs consultants and suppliers, or bath, 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 thr`rrly (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 Reoords The Department of Community Affairs; the U.S. Department of Justice, Office of Justine Programs, Bureau of Justice Assistance; and, the Auditor General of the State of Florida„ the U.S. Comptroller General or any of their duly aulhorized representatives, shall have access to books, documents, papers and records of the recipient, implementing agency and contractors for the purpose of audit arid examination according to the Office of Juslico Programs rinancial Guide, U.S. Department of Justice Common Ruka for State and Local Government. The department reserves the right to unilaterally terminate this agreement it the recipient, implementing agency or contractor refuses to allow public access to ail documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Slafules, and made or received by tine recipient or its contractor in conjunction wilh this agreement. 16. Audit a. Recipients that expend $300,000 or more in a year in Federat 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 with the subject audit in The Sclredtrie of Fadaral Firaricial AssWartco, The contract shall be identified as federal funds passed -through the Florida Department of Community Affairs and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, Che recipient shall submit an annual financial audit which meets the requirements of Sections 11.45 and 216.349, Florida Statutes; and, Chapters 10.550 and 10.600, Rules of the Florida Auditor General. 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 nine (g) 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 ail findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the department and will be returned to the recipient. c. The recipient shall have all audits completed by an Independent Public Accountant (IPA). Tho IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d The recipient shall take appropriate corrective action within six (6) months of the issue date of the audit repott in instances of noncompliance with federal laws and regulations. A} rruhaa sw nau-paget1drig Edward ayme Memorial State and Local taw Enforcement Assistance Formula Grant Program e. The 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 ilio date the audit report is issued, unless extended in writing by the department. f. If [his agreement is closed out without an audit, the department ruserves the right to recover any ditailow+ad casts identified in an audit completed after such closeout. g. The oompleted audit reports should bo sent to the following address. Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Sadowski. Building Tallahassee, Florida 32399-2146 17. Procedures for Claim Reimbursement All claims for reimbursement of recipient costs shall be submitted on ilia DCA -CJ Form 3(A -G), prescribed and provided by the bureau. A recipient shall submit either monthly or quarterly claims in order to report current project costs. All claims for reimbursement shall be submitted in sufficient detail for proper pre -audit and post -audit. 16. 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 Office of Justice Programs f=inancial Guido, U, S. Department of Justice Cornnion Rule for State and Local Gevemmont) or the federal OMB Circular A-110 Attachment N, Paragraph 6, 24. Property Accountability The recipient agrees to use all non -expendable property for criminal justice purposes during its useful life or request department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the department or purchased pursuant to this agreement according to federal property management standards set forth in the Office of Justice Programs Financial Guide, U.S. Department of Justice Common Rule for State and Local Govermmnt) or the federal OMB Circular A-110, Affachavot N. This oUgation 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 also shall be made in writing within twenty -ono (21) calendar days to the department's clerk (agency dark). The recipients right to appeal the department's decision is contained in Chapter 120, Florida Slatulos, and in procedures set forth in Milo 28-106.104, FkWida Administrative Code. Failure to appeal within this lime frame constitutes a waiver of proceedings under Cnaptor 120, Florida Statutas. S"d APP11 n Sectio" 11- PW* 12 d 16 ter Edward uByt7ie Memorial State and Local Law Enforcement Assistance Formula Grant Prograrn 22. Conferences and Inspection of Work Conferences may be held at ilia request of any party to this agreemenl. At any time, a representative of the bureau, of the U.S. Department of Justice Bureau of Justico 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 department for its review and comment. b. Publications or printed reports covered under a. above shall include the following statements on the cover page: (1) 'This report was prepared for the Florida Department of Community Affairs, Steven M. Seibert, 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) "This program was supported by grant # awarded to the Department of Community Affairs, Stale of Florida, and by the Bureau of Justice Assistance (BJA), Office of Justice Programs (OJP), U.S. Department of Justice. The 0JA is a component of OJP which also includes the Bureau of Justice Statistics, National Institute of Justice, Office: of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime." (3) "Points of view, opinions, and conclusions expressed in this report are those of the recipient and do not necessarily represent the official position or policies of the State of Florida Department of Community Affairs, the U,S. Department of Justice, Office of Justice Programs, 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 olherMse subjected to discrimination under grants awarded pursuant to Public Laky 89-564, Non-Drscrrrnfnafion Requiranronts of the AntaDrug Abuse Act of 1998; Title IV of tho Civil Rights Act of 1964; Section 504 of the RohablWation Act of 1973 as amended; Me W of file Education Amondrnents of 1972; The Age Discrimination Act of 1975; and, Dopartrnerif of Justice Non-DiscrindnaGon Regulations 28 CFE? Part 42, Subparts C, D, E, F. G and N. The recipient and a criminal justice agency that is the implementing agency agree to certify that they either do or do not meet ECO program criteria as set forth in Seclion 501 of The Federal Omnibus Crime Control and Safe Streets Act of 19613 as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the 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 InWrovemont Act of 1979, Puts. C 96-157, 42 U.S. C. 3701, of seq. (Referenco Sad,bn 603 (a) of the Acf, 42 U.S.C. 37113 (a) and 28 CFR Section 42.207 Cormpfiance Information). Any state agency, ceunly or city receiving $540,00D or more in federal Anti -Drug Abuse Act funds shall submit its equal employment opportunity plan, and/or the most recent update, with its application, for submittal to the U.S. Department of Justice, Bureau of Justice Assistance for approval. 25. Americans with Disabilities Act 199 Subgrantees must comply with the requirements of the Americana with Disabilities Act (ADA), Public Law 101.338, which prohibits discrimination by public and private entities on the bags of disability and requires certain accommodations be made with regard to employment (Title i), stale and local goverrxnent services. and Iransporlation (Title II), public accommodations (Title Ili), and telecommunications (Title IV). uM%xanP APPIcatirn SmtcEon 11- F Wo 13 of 16 Edward Byrn@,14!'emorfal State and .Local Law Enforcement Assistance Pbrmula Grant Program 26. Criminal Inioiligenco System The purpose of the federal, regulation published in 28 GFR Part 23 - Criminal inteffigenco Systems Operating Policies is to assure that reciplents of federal funds for the tp rncOgLpurJoso of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1988, 42 U.S.C. 3701, of sort., as amended (Pub, L. 90.351, as amondod by Pub. L. 93-173, Pub. L. 93-415, Pub. L. 94-430, Pub. L, 94-503, Pub. L. 95-115, and Pub. l.. 96-157), use those funds In conformance with the privacy and constitutional rights of individuals. The recipient and a criminal justice agency that is the implementing agency agree to ceflify that they operate a criminal intelligence system In accordance with Sections 802{o) and 818(c) of the Omnibus Crime Canlrotand Safe Stroots Act of 1988 as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal tntelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification Is a prerequisito to entering Into this agreement. This certification is a material representation of fart upon which reliance was placed when this agreement was made. If the recipient c criminal justice agency operates a criminal, inteit1gence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a suNrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation priorlo the award of federal funds. The recipient Is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The department's approval of the recipient agreement does not constitute approval of the subgrant funded development or operation of a criminal Intellfgenoo system. 27. Non -Procurement, Oebarment and Suspension The recipient agrees to comply with Executive Ordaz 12549, Debarment acrd Suspension (34 CFR, Part 85, Section 85.510, Participants 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. 28. 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. 29. Federal Restrictions on Lobbying The recipient agrees to comply with Section 319 of Public Law 109-121 set forth in 'New Restrictions on Lobbying; Interim Firral Rule,'publishod in the February 26, 9990, 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 federat contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150.000 or more. This cerlifcation 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, Titles 31, United Slates Coder. Any person who faits to file the required certification is subject to a civil penalty of not less than $10,OW and not more than 5100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: a. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. :`=s0,VIVO t" Seek rrr-Page 14 of it 40 Sa x aof Arf* of c fl Sachin N • paper 15 of 16 Pcfivatd lf3psio Monigalal State and Local Low Enforcement Assistance Formula Grant Progrrani b. If any non-foderal funds have been paid or shall be paid to any person for Influencing or attempting to influence an officer or employea of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undefsigned shall complete and submit the standard form, Disclosure of Lobbytnu Acllyilles, according to its instructions. c. Tho undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all Hers and that all subgrant recipients shall certify and disclose accordingly. 30. State Restrictions on Lobbying In addition to the provisions container] in Paragraph 30 of Section t], Acceptance and Agreement, the expenditure of funds for the purpose of lobbying ilio legislature or a state agency is prohibited under this contract. 31. Statement of Federal Funding 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 dearly 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 he expended on the project or program. 32. Background Check It is strongly recommended that background checks be conducted on all personnel providing direct services. to juveniles. 33. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in & U.S.C. Section 1324a(e), Section 274A(e) of ilia 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 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 34. 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 accessed on the Office of Justice Programs World Wide Web liomepagw h11p_,1Avww.oip.lvsdo. 8. b. To ensure more effective management and evaluation of drug court programs, the recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on program participants criminal recidivism and drug use relapse. The data collected will be assessed during 8JA field monitoring trips. 35. Overtime for Law Cnforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the US Department of Justice encourages consultation with all allied components of ilio criminal justice system In ilia affected jurisdiction. The purpose of this consultation is to anticipate and plan for systernic impacts such as increased court dockets and the need for detention space:. Sa x aof Arf* of c fl Sachin N • paper 15 of 16 Edward Byrne Memorial State and Local Law Certification of Compliance with Equal Employment Opportunity (EEC) Program Requirements — Subgrantee I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) ...(Select one of the following): Meets Act Criteria -1 Does not meet Act Criteria 1 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): FAHas a current EEO Plan F-1 Does not have a current EEO Plan 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 subgrant application for federal assistance is approved or face loss of federal funds. Name: Fran B. Adams Signature of Authorized Official: Title: Chairman, BoaIndian as CounrCoun Commissioners Indian River County rj:�� ,tib Hate: June 13, 2000 Edward Syme Memorial State and Local Law �- Enforcement Aaslatance Formula Grant Program I. Si nature Pa e In witness whereof, the parties affirm they each have read and agree to conditions set forth In this agreement, have read and undefstand the agreement in its onfrrety and have executed this agreement by their duty authorized officers c the date, month and year set out below, Corrections on this page, Including strike -avers, whlieout, etc., are not acceptable. State of Florida Department of Community Affairs Bureau of Community Assistance By:_ Type Name and Title Clayton S. Wilder, Community Pro _ram Administrator Date: /D ^ 1-2 - 7 U v_J Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or designated Representative) Type Name and Title: Fran. Adams Chairman Indian River Board of County Commissioners Bate: June 13_ 2000 FEID Number. 59-6000674 Implementing Agency Official, Administrator or designated Representative 1 i y7 By: Type Name and Title: Kimberly Massung. Executive Aide Designated Re resentative _ Date: St.tyra d AppkGeri secborl 11- Pao 16 of 16