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2010-RSAT-61 06/16/2010 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Subgrant Recipient Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Sylvia Murphy Title: Mayor Address: 102050 Overseas Highway City: Key Largo State: FL Zip: 33037 Phone: 305-453-8787 Ext: Fax: 305-453-8789 Email: murphy-sylvia@monroecounty-f1.gov Chief Financial Officer Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Phone: 305-292-3550 Ext: Fax: 305-295-3663 Email: dkolhage@monroe-c1erk.com Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #1 Page 1 of 2 t.~1 \WIID I Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Implementing Agency Organization Name: Monroe County Board of Commissioners County: Monroe Chief Official Name: Sylvia Murphy Title: Mayor Address: 102050 Overseas Highway City: Key Largo State: FL Zip: 33037 Phone: 305-453-8787 Ext: Fax: 305-453-8789 Email: murphy-sylvia@monroecounty-f1.gov Project Director Name: Lisa Tennyson Title: Grants Administrator Address: 1100 Simonton Street Room 2-213 Key West FL 305-292-4444 City: State: Phone: Fax: Email: Zip: Ext: 33040 T ennyson-Lisa@monroecounty-f1.gov Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #1 Page 2 of 2 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Project Information Project Title: MONROE COUNTY JAIL INCARCERATION PROGRAM ~ Subgrant Recipient: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 9/1/2010 End Date: 8/31/2011 Problem Identification South Florida, inclusive of Monroe County, is a mecca for illicit drug use, and has a much higher than national drug abuse prevalence. South Florida is a designated "high density drug trafficking area" and a leading cocaine importation center. According to the The Florida Department of Children and Families in 2007 there were an estimated 1,153,325 adults in the state with substance abuse problems. Statistics from the Monroe County Sheriffs Office indicate that for the calendar year of 2009 there were 1,232 drug and alcohol-related arrests in the Keys (almost half of these violators had prior DUls.) The Monroe County Detention Center has reported that 80% of those arrested in this county have substance abuse problems. The Keys are a critical area due to the high percentage of persons with substance abuse and mental health disorders, lack of affordable housing, high cost of living, and high homeless rates. There is one key issue that defines the problem and need in our community. There are not enough substance abuse treatment services in Monroe County to handle the demand. The RSAT program at the County Jail is one of only two substance abuse treatment programs in the Keys and the only program in the County to serve incarcerated adults. The other program, Keys To Recovery, has only 12 treatment beds (for a total of 24 persons annually) for the general population. The RSA T program provides drug treatment as well as a host of support services such as vocational training, anger management, financial education, mentoring, counseling and parenting classes. This past year, we were able to add an employment readiness component. The program is valued highly by the local Drug Court Judges and the Monroe County Sheriffs Office. This RSAT grant provides funding for 60% of the program costs. In past years, the Sheriffs Office provided the other 40%. However, due to budget constraints, the Sheriffs Office can no longer provide financial support to the program. The balance of the funding is mottled together using a combination of different funding sources. The financial situation for the program is therefore precarious. Should any additional funding come available through RSAT, we ask that FDLE consider adding additional funds to support this valuable program. The County's RSA T program provides services to approximately 150 offenders each year, has developed excellent relationships with the local Drug Court, mental health providers, and social service providers in the community, and has proven to be effective. The recidivism rate for the general population at the Monroe County Detention Center is approximately 70% re-incarceration within a year. The recidivism rate for RSA T program participants is 27%. Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #2 Page 1 of 4 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Project Summary The Jail Incarceration Program is a substance abuse treatment program housed in the Monroe County Detention Center. It began in 1997 and has provided substance abuse treatment for approximately 1,300 inmates with an overall recidivism rate of twenty-seven percent compared to seventy percent for the general population. It provides administrative and case management services as mandated by Florida Administrative Code 10-E16. This year the program will serve approximately 150 inmates. The inmates are housed separately from the general population in H-Dorm, which has 54 beds. Most clients are court ordered by the Drug Court judges in Monroe County. The rest are volunteers who meet criteria for drug/alcohol treatment and will be in the county jail a minimum of 182 days. The program has established a positive reputation, working closely with judges, prosecutors and lawyers. DCF audits for the past three years of have reported that this program meets or exceeds Best Practice standards with 100% compliance. The CARF (Commission on Accreditation of Rehabilitative Facilities) accreditation process was completed this past year. The process has strengthened assessment and treatment. CARF accredition for criminal justice programs is more rigorous than for out-patient settings. Monroe County's RSA T program exceeded all CARF standards and recieved an Exemplary standard for the relationships between correctional staff and treatment/clinical staff. All participants have individualized, client-centered treatment plans that are reviewed monthly and adjusted as needed. Continuing to prove helpful in assessment is the Prochaska and Di Clemente stages of change, implemented last year; as well as the URICA, the Beck Depression Scale, and the Rosenberg Self Esteem inventory; treatment plans are written accordingly. An equity of access policy continues to make admission policies welcoming to individuals with co-occurring disorders, learning disabilities, illiteracy, and Spanish speaking inmates. This allows access for all who might otherwise be denied. (There are two bi-lingual counselors to serve the Hispanic population.) For co-occurring clients, a Mental Health Status Assessment identifies impairments in functioning. They are referred to a mental health counselor and the Prison Health Services Psychiatrist, and participate in WRAP Class (Wellness and Recovery Action Plan), a structured system for monitoring and reducing distressing symptoms through planned responses. Treatment is a minimum of six months, with the possibility of lasting one year. Aftercare is six months and is provided throughout the Florida Keys by the Guidance Care Center. Aftercare is given priority, and is not funded by RSA T. A support letter from the Guidance Care Center is attached. Random drug testing (urine analysis) is conducted weekly by the staff and positive tests result in 30 days in lock-up and a return to court. Tests used are the MEDTOX 5 panel testing for Amphetamine, benzos, cocaine, opiates, and THC. The program also has a relationship with the local drug court to run tests on their machine if it is questionable. The program staff has a strong background in substance abuse counseling and mental health with appropriate certification. The program staff consists of 1 PT program Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #2 Page 2 of 4 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment director, 1 FT counselor, and a PT counselor. JoAnn Brancel, Project Director, has a BA is Social Work/Criminology and is a Certified Mental Health Professional. The program director oversees the counselors and ensures data collection on all inmates who have completed probation and checks for any new arrests within the year after completion. With the goal of having each RSAT participant attain self-sufficiency, the program includes both substance abuse treatment and support services: MORAL RECONATION THERAPY (MRT)- Evidence-based systematic step-by-step treatment strategy designed to enhance self-image and promote positive productive identity. DRUG EDUCATION - Inmates learn and explore chemical dependency and how it impacts their lives, and the biopsychosocial nature of the disease. CRIMINAL AND ADDICTIVE THINKING - This is a cognitive behavioral class which helps inmates identify criminal and addictive thinking that keep them in behavior patterns that return them to jail. RELAPSE PREVENTION - Presents identifying triggers, cravings, and high-risk situations that can lead to relapse. RATIONAL EMOTIVE THERAPY - Clients learn the ABC method, A being the event, B being our beliefs about the event, and C which leads to our reaction to the event. STEP GROUP - The core ideas of the first three steps of Alcoholics Anonymous and Narcotics Anonymous. COMMUNICATION SKILLS - Based on a program developed for prison populations called Touchstones Discussion Project. Inmates discuss relevant topics that have pros and cons. ART AND MUSIC THERAPY - Inmates use creative sources of visual art and music to enhance cognitive functioning. JOB SKILLS - Assessment of basic needs for education, job searches, resume writing, addressing a felony in an interview, completing employment applications, and basic budgeting. RELATIONSHIP GROUP SKILLS - This is a program from Hazelden Publishing, created for inmates, that concentrates on understanding skills to maintain healthy relationships. PARENTING - An optional class that is recognized by the Dept. of Children and Families for those who have case plans. UNDERSTANDING GRIEF - An optional class on understanding how unresolved grief can manifest itself in long-term depression, addiction, post-traumatic stress disorder, and ambivalence. ANGER MANAGEMENT - An optional class about the responsibility for choices when angry. Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #2 Page 3 of 4 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment INDIVIDUAL COUNSELING - At intake all inmates are assigned a Primary Counselor, who follows the inmate through the program. Counselors are responsible for progress notes and summaries for the courts. The inmate's individual needs are assessed and monthly treatment plans are created to accommodate them. The primary counselor makes referrals to medical, psychiatric services, GED class, and literacy and is a liaison for release plans, including supportive housing, clothing vouchers, food vouchers, bus tickets to return to their home towns, referrals to mental health agencies for aftercare services, and connections to NA and AA meetings. COMMUNITY SERVICE - The detention center continues to operate a farm and petting zoo that JIP clients help maintain. Another service to the community is their participation in the Department of Juvenile Justice (DJJ) Jail Tour. JIP inmates tell their stories to juveniles recently brought into the system in hopes of preventing these young adults from following the same path they have. SOCIALlZA TION- A Hazelden program using Cognitive behavioral treatment to identify thought processes that keep addicts stuck in destructive behavior. CHARACTER CONFLICTS IN RECOVERY- Using the pamphlets from Hazelden including King Baby and Barriers against Recovery this class explores the character conflicts that return addicts to using. The program's objectives and outcomes include: The number of inmates expected to complete the program is 100. 70% of the inmates served will complete an aftercare program. 97% of the inmates served in the program will remain drug free while participating. 70% of the inmates in the aftercare program will not test positive for drugs/alcohol. 75% of the inmates will not violate probation during aftercare. 70% of the inmates served will not return to jail during the first year after release. Application Ref # Contract 201 O-RSA T-61 -RSAT-MONR- -- Section #2 Page 4 of 4 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Performance Info: Performance Reporting Frequency: Quarterly Federal Purpose Area: 0001 - Residential Substance Abuse Treatment State Purpose Area: 0001 - Residential Substance Abuse Treatment Activity Description Activity: Cognitive Restructuring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: 12-Step Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Aftercare Services Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #3 Page 1 of 10 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Drug Testing Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West , FL 33040 Activity Description Activity: Educational Programs Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Job Placement Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West , FL 33040 Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #3 Page 2 of 10 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description Activity: Group Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Impulse/Anger Control Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West , FL 33040 Activity Description Activity: Leadership Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Individual Counseling Target Group: Adult Males Geographic Area: State of Florida Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #3 Page 3 of 10 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Mental Health Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Mentoring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Other Drug Treatment Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Application Ref # Contract 201 O-RSA T-61 -RSAT-MONR- -- Section #3 Page 4 of 10 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Pharmacotherapy Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Parenting Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West , FL 33040 Activity Description Activity: Work Activities Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #3 Page 5 of 10 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description Activity: Therapeutic Community Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: Financial Management Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es) : Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description Activity: 12-Step Target Group: Adult Females Geographic Area: State of Florida Location Type: Administration Objectives and Measures Objective: 1A - To report contractor and/or employed salary amounts prorated to include time spent in RSAT. Measure: Part 1 Report contractor and/or employed salary amounts prorated to include time spent in RSAT during the grant period. Goal: 65,590 Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #3 Page 6 of 10 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Objective: 1 B - To report cost of additional residential material (special uniforms, classroom aids, pharmaceuticals, etc.) Measure: Part 1 Report the cost of additional residential material (special uniforms, classroom aids, pharmaceuticals, etc.). Goal: 1077 Objective: 1C - To report number of participants enrolled in the program (including drop-outs, terminations or removals). Measure: Part 1 Report the number of participants enrolled in the program (including drop-outs, terminations or removals) during the grant period. Goal: 150 Objective: 2A - To report number of days between program entry and exit for those completing the RSAT program during the reporting period. Measure: Part 1 How many days will there be between program entry and exit for those completing the RSA T program during the grant period? Goal: A mininum of 182 days or more, up to one year. Objective: 2B - To report number of offenders to successfully complete the residential program during the reporting period. Measure: Part 1 How many participants will successfully complete the residential program during the grant period? Goal: 97 Objective: 3A - To report number of RSAT participants at end of reporting period. Measure: Part 1 Report the number of RSAT participants at end of each reporting period. Goal: 50 Objective: 3B - To report number of RSAT participants at beginning of reporting period. Measure: Part 1 To report the number of RSAT participants at beginning of each reporting period. Goal: 50 Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #3 Page 7 of 10 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Objective: 4A - To report number of RSAT participants who completed the program and passed drug testing. Measure: Part 1 Report the total number of RSA T participants who completed the program and passed drug testing during the grant period. Goal: Approximately 97%, or 97 program participants. Objective: 48 - To report number of RSAT participants who completed the program and passed drug testing during the reporting period. Measure: Part 1 Report the number of RSA T participants who completed the program and passed drug testing during each reporting period. Goal: 25 Objective: 5A - To report the number of RSAT participants. Measure: Part 1 Report the number of RSAT participants during grant period. Goal: 100 Objective: 58 - To report the number of residential program participants. Measure: Part 1 Report the number of residential program participants. Goal: 100 Objective: 6A - To report the total number of RSAT beds created as a result of the current award. Measure: Part 1 Report the total number of RSA T beds created as a result of the current award. Goal: 54 Objective: 68 - To report the total number of RSAT beds. Measure: Part 1 Report the total number of RSA T beds available. Goal: 54 Objective: 7A - To report number of beds funded with non-RSAT funds. Measure: Part 1 Report number of beds funded with non-RSA T funds. Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #3 Page 8 of 10 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Goal: 0 Objective: 78 - To report total number of beds in facility. Measure: Part 1 Report total number of beds in facility. Goal: 500 Objective: 8A - To report total number of residential service days. Measure: Part 1 Report the total number of residential service days. Goal: Monday through Friday, all year long, exclusive of 9 holidays. Objective: 88 - To report number of offenders to receive residential service (RSAT and non- RSA T). Measure: Part 1 Report number of individuals to receive residential service (RSA T and non-RSA T). Goal: 100 RSAT participants; no non-RSAT participants. Objective: 9A - To report the number of RSAT completions that remained drug-free during the residential program. Measure: Part 1 Report the number of RSA T completions that remained drug-free during the residential program. Goal: 97 Objective: 98 - To report the number of residential program completions who remained drug free. Measure: Part 1 Report the number of residential program completions who remained drug free. Goal: 73 Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #3 Page 9 of 10 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section Questions: Question: What is the total number of beds (treatment and non-treatment) in the facility? Answer: 554 Question: How many non RSAT-funded treatment beds are in this facility? Answer: 0 Question: How many RSA T -funded treatment beds are in this facility? Answer: 54 Question: How is aftercare treatment provided? Answer: Aftercare treatment is provided by the Guidance Care Center, for those that stay in the community. Question: What is the anticipated number of RSA T program completions during each quarterly reporting period? Answer: 25 Question: What goals do you plan to accomplish during the subgrant period? Answer: Provide drug treatment services and treatment for 1 00 incarcerated males with a client-centered approach in order to reduce recividism, and improve their quality of life, in Monroe County. Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #3 Page 10 of 10 ,,~..~' . .~. ~. .. L ~.ff~ ~~5~r ~~~~. 1205 Fourth Street Key West. Florida 33040 305-292-6843 ...... FAX: 305-292-6123 SUNCOM: 464-6843 .... May 12, 20lO RSAT ~~~~J1\Wil:1ID lql MAY 2 8 2010 JJ)J Larry Prescott,MS,CAP,LMHC Guidance care Crnter Key West 1205 4th Street . Key West, Florida 33040 BY: .....M.f>......... Re: Monroe County Jail Inpatient Program - Key West, Florida The Guidance Care Center continues to make aftercare substance abuse services available and accessible to all graduates of the RSA T grant program. These services are provided by certified substance abuse staff and supervised by a team of licensed professionals. Inmates are assisted prior to release for enrollment into aftercare to avoid disruption to their treatment and to help reintegrate the inmate back into the community. Psychiatric and case management services are also provided as needed. It continues to be our pleasure to partner in this very worth",'hile community service. &h nk you for. ur support of our community, ~I~ ~ ~ar~6I.-escot~MS,CAP,LM'C Guidance Care Center Key West Director ~'C'HILDREN \21 & FAMILIES Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No FLAIR I Vendor Number: 596000749 Budget: Budget Category Federal Match Total Salaries and Benefits $0.00 $0.00 $0.00 Contractual Services $50,000.00 $16,667.00 $66,667.00 Expenses $0.00 $0.00 $0.00 Operating Capital $0.00 $0.00 $0.00 Outlay Indirect Costs $0.00 $0.00 $0.00 -- Totals -- $50,000.00 $16,667.00 $66,667.00 Percentage 74.9996 25.0003 100.0 Project Generated Income: Will the project earn project generated income (PGI) ? No Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #4 Page 1 of 3 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Budget Narrative: Total Budget: Contractual Services $66,667.00 Budget Sub-Category: Salaries and Benefits: Substance Abuse Counselor, approx. 1.85 FTE = $58,152 FICA @ 7.65% = $4,448 Health Insurance@ 249.24/month = $2,990 Sub-total Salaries and Benefits: $65,590 Budget Sub-Category: Supplies: Med-tox drug tests: $500 Paper, pens, other materials: $577 Sub-total Salaries: $1,077 Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #4 Page 2 of 3 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section Questions: Question: Identify specific sources of matching funds. Answer: Matching funds will come from the Monroe County Fine and Forfeiture Fund. Question: Indicate the Operating Capital Outlay (OCO) dollar threshold established by the subgrantee. Answer: 1000 Question: Are indirect costs included in the budget? If so, has a copy of the subgrantee's Indirect Cost Plan approved by the cognizant federal agency, been submitted to the OCJG? Answer: Indirect costs are not included. Question: If a contract for contractual services will be executed by the subgrantee, has a copy been received by the OCJG? Answer: Services will be provided by the Guidance Care Center pursuant to a contract with Monroe County; a copy will be provided. Question: If salaries and benefits are included in the budget, is there a net increase in personnel? Answer: No Question: Will the project earn Program Generated Income? Answer: No Question: Will the applicant be requesting an advance of federal funds? Answer: No Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #4 Page 3 of 3 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section 5: Standard Conditions Insert Standard Conditions Page here. Application Ref # Contract Section #5 Page 1 of 1 2010-RSAT-61 -RSAT-MONR- -- Florida Department of Law Enforcement Residential Substance Abuse Treatment Program (Section S: Standard Conditions- . ' Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section and will become binding upon approval of this subgrant. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed. All persons involved in or having administrative responsibility for the subgrant must read these conditions. This section must be returned as part of the completed application. Definitions: "OCJG", unless otherwise stated, refers to the Florida Department of Law Enforcement, Office of Criminal Justice Grants. "Recipient" refers to the governing body of a county that 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 county or an agency under the direction of an elected official (for example, Sheriff). 1. Reports A. Project Progress Reports: Regardless of whether project activities occur or not, the recipient must submit Quarterly Project Progress Reports to the Office of Criminal Justice Grants (OCJG) by February 1, May 1, August 1, and November 1 covering subgrant activities occurring during the previous calendar quarter. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Progress Reports shall be submitted. B. Financial Reports: 1. The recipient shall have the choice of submitting either Monthly or Quarterly Reimbursement Requests to the OCJG. All Reimbursement Requests are due thirty-one (31) days after the end of the reporting period. A final Reimbursement Request and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to the OCJG within forty-five (45) days of the subgrant end date. Such Reimbursement Requests shall be distinctly identified as "final". 2. Regardless of whether costs are incurred or not, all claims for reimbursement of recipient costs shall be submitted on the Reimbursement Request forms prescribed and provided by the OCJG. A recipient shall submit either monthly or quarterly reimbursement requests in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. 3. Before the "final" Reimbursement Request will be processed, the recipient must submit to the OCJG all outstanding project performance reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. 4. The recipient shall submit Quarterly Project Generated Income Reports to the OCJG by February 1, May 1, August 1, and November 1, covering subgrant project generated income and expenditures occurring during the previous quarter. C. Other Reports: The recipient shall submit other reports as may be reasonably required by the OCJG. 2. Fiscal Control and Fund Accounting Procedures A. 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 Section 5 Page 1 Revised July 22,2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program funds spent on this project shall be disbursed according to provisions of the project budget as approved by the OCJG. B. All expenditures and cost accounting of funds shall conform to the requirements of the Office of Justice Programs' Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and those specified in the federal Office of Management and Budget (OMB) Circulars A-21, A-87, A-110 or A-102, as applicable, in their entirety. C. 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, F.S., known as the "Consultant's Competitive Negotiation Act". 4. Approval of Consultant Contracts The OCJG 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 Guide and in applicable state statutes. OCJG 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 Program's Financial Guide and federal OMB's Circular No. A-87, "Cost Principles for State and Local Governments", or OMB's Circular No. A-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. OMB's Common Rule for State and Local Governments, or OMB Circular No. A-110 or A-102 as applicable and Florida Law to be eligible for reimbursement. 6. Delegation of Signature Authority When a chief officer or elected official of a subgrant recipient designates some other staff person signature authority that chief officer or elected official must submit a letter or resolution indicating the staff person given signature authority to the OCJG. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. 7. Personnel Changes In the event of a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 8. Travel and Training A. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the OCJG prior to commencement of actual travel. Recipients shall obtain written approval from the OCJG for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. B. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, F.S. Section 5 Page 2 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program C. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, F.S. 9. Written Approval of Changes in this Approved Agreement Subgrantees must provide written requests signed by the Chief Official, of any significant changes to the subgrant. OCGJ approval of any grant amendment request must be received prior to the incorporation of said amendment. These include, but are not limited to: Changes in project activities, designs or research plans set forth in the approved agreement, 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 does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget line item; or, A. Transfers of funds above the ten (10) percent cap shall be made only if the Department approves a revised budget. B. 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.) 10. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to the availability of federal funds authorized under the Residential Substance Abuse Treatment for State Prisoners Formula Grant Program. 11. Procedures for Reimbursement Request All requests for reimbursement of recipient costs shall be submitted on the form prescribed and provided by the Department. A recipient shall submit reimbursement requests on a monthly or quarterly basis, as specified in order to report project costs incurred during the specified reporting period. All requests for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. 12. Advance Funding Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 216.181(15)(b), F.S. and the Office of Justice Programs' Financial Guide. Advance funding shall be provided to a recipient upon a written request to the Department justifying the need for such funds. 13. 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 OCJG requesting approval of a new project starting date. The letter must outline steps to initiate the project, explain reasons for delay, and specify an anticipated 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 OCJG, again explaining reasons for delay and requesting approval of a revised project starting date. Upon receipt of the ninety (90) day letter, the OCJG 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 projects approved by the Department. If warranted by extenuating circumstances, the Department may extend the starting date of the project beyond the ninety (90) day period, but only Section 5 Page 3 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program by execution of a formal written amendment to this agreement. 14. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrantee 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. 15. 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 OCJG shall ascertain the facts and the extent of such failure, and if the OCJG determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 16. 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. 17. Program Income (also known as Project Generated Income) The term "program income" or "project generated income" means the gross income earned by the recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the Office of Justice Programs' Financial Guide and the U.S. Department of Justice's Common Rule for State and Local Governments. 18. Performance 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 Section 5 Page 4 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program paid only for those services satisfactorily performed prior to the effective date of such sanction. 19. Retention of Records The recipient shall maintain all records and documents for a minimum of five (5) years from the date of the project completion as provided by the Florida Department of State, General Schedule for Local Government GS1-L, and be available for audit and public disclosure upon request of duly authorized persons. 20. Access To Records The Florida Department of Law Enforcement, Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the recipient, Implementing Agency and contractors for the purpose of audit and examination according to the Office of Justice Program's Financial Guide. 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, F.S., and made or received by the recipient or its contractor in conjunction with this agreement. 21. Audit A. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMS's Circular A-133 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 Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit which meets the requirements of Chapters 11.45 and 215.97, 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 (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shall have all audits completed by an independent public accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. D. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. E. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to OCJG no later than March 1 following the end of the fiscal year. F. If this agreement is closed out without an audit, the Department reserves the right to recover any Section 5 Page 5 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program disallowed costs identified in an audit completed after such closeout. G. The completed audit reports should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 22. 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 Program's Financial Guide and the federal OMB Circular A-11 0 or A-1 02, as applicable. 23. 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 and the federal OMB Circular A-110 or A-102, as applicable. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 24. 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-one (21) calendar days to the Department's agency clerk. The recipient's right to appeal the Department's decision is contained in Chapter 120, F.S., and in procedures set forth in Chapters 28-5 and 9-5, FAC. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, F.S. 25. 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. 26. Publication or Printing of Reports The recipient shall submit one copy of all reports and proposed publications resulting from the agreement twenty (20) days prior to public release. Any publications (written, visual, or sound), whether published at the recipient's or government's expense, shall contain the following statement: (NOTE: This excludes press releases, newsletters, and issue analysis.) "This project was supported by Grant No. 2001-RT-BX-0044 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view in this Section 5 Page 6 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program document are those of the author and do not necessarily represent the official position of policies of the U.S. Department of Justice." 27. Equal Employment Opportunity (EEO) A. Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in funded programs or activities. All subgrant recipients and implementing agencies must comply with any applicable statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 9 3789d); the Victims of Crime Act (42 U.S.C. 9 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. 9 5672(b)); the Civil Rights Act of 1964 (42 U.S.C. 9 2000d); the Rehabilitation Act of 1973 (29 U.S.C. 9 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. 9 12131-34); the Education Amendments of 1972 (20 U.S.C. 991681,1683,1685-86); the Age Discrimination Act of 1975 (42 U.S.C. 996101-07); and Department of Justice Non-Discrimination Regulations 28 CFR Part 42; see Ex. Order 13279 (equal protection of the laws for faith-based and community organizations). B. A subgrant recipient or implementing agency must develop an EEO Plan if it has 50 or more employees and it has received any single award of $25,000 or more from the Department of Justice. The plan must be prepared using the on-line short form at http://www.oip.usdoLQov/aboutlocr/eeopcomplv.htm. must be retained by the subgrant recipient or implementing agency, and must be available for review or audit. The organization must also submit an EEO Certification to FDLE. C. If the subgrant recipient or implementing agency is required to prepare an EEO Plan and has received any single award of $500,000 or more from the Department of Justice, it must submit its plan to the Department of Justice for approval. A copy of the Department of Justice approval letter must be submitted to FDLE. The approval letter expires two years from the date of the letter. D. A subgrant recipient or implementing agency is exempt from the EEO Plan requirement if it is has fewer than 50 employees or if it does not receive any single award of $25,000 or more from the Department of Justice or if it is a nonprofit organization, a medical or educational institution, or an Indian Tribe. If an organization is exempt from the EEO Plan requirement, it must submit an EEO Certification to FDLE. E. The subgrant recipient and implementing agency acknowledge that failure to comply with EEO Requirements within 60 days of the project start date may result in suspension or termination of funding, until such time as it is in compliance. F. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 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. Certifications Regarding Lobbying; Debarment, Suspension and other Responsibility Matters; and Drug-Free Workplace Requirements Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification Section 5 Page 7 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government- wide Debarment and Suspension (Nonpro-curement) and Government-wide Requirements for Drug- Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. A. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in-fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con-nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; 3. The undersigned shall require that the language of this cer-tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub-recipients shall certify and disclose accordingly. B. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 1. The applicant certifies that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and 1. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. Section 5 Page 8 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program C. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620 1. The applicant certifies that it will or will continue to provide a drug-free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing an on-going drug-free awareness program to inform employees about 1. The dangers of drug abuse in the workplace; 2. The grantee's policy of maintaining a drug-free workplace; 3. Any available drug counseling, rehabilitation, and employee assistance programs; and 4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); d. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will 1. Abide by the terms of the statement; and 2. Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e. Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; f. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted 1. Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or 2. Requiring such employee to partiCipate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (t). Section 5 Page 9 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. If a state agency, the recipient agrees to comply with Section 319 of Public Law 101-121 setforth in "New Restrictions on Lobbying; Interim Final Rule," published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $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, U.S.C. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. The undersigned certifies, to the best of his or her knowledge and belief, that: D. 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. E. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbying Activities, according to its instructions. F. The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all recipients shall certify and disclose accordingly. 30. State Restrictions on Lobbying In addition to the provisions contained herein, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 31. Project Closeout Project funds which have been properly obligated by the end of the subgrant funding period will have forty-five 45) days in which to be liquidated (expended). Any funds not liquidated at the end of the 45-day period will lapse and revert to the Department. A subgrant-funded project will not be closed out until the recipient has satisfied all closeout requirements in one final subgrant closeout package. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Florida Department of Law Enforcement", and mailed directly to the Department at the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, FL 32308 Section 5 Page 10 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program 32. Background Check It is strongly recommended that all programs targeting juveniles, implemented by other than a sworn law enforcement officer or program licensed by the Department of Children and Family Services, conduct background checks on all personnel providing direct services. 33. Purchase of American-Made Equipment and Products To the greatest extent practicable, all equipment and products purchased with program funds should be American-made. 34. Eligibility for Employment in the United States The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324A(e) [Section 274A(e) of the Immigration and Nationality Act ("INAn)]. 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 recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. 35. National Environmental Policy Act (NEPA) A. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, 1. New construction; 2. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; 3. A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, 4. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. B. For any of a subgrantee's existing programs or activities that will be funded by these subgrant, the subgrantee, upon specific request from the Department and the Bureau of Justice Assistance (BJA), agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 36. Assurance of Political Activities Limitations The subgrantee assures that it will comply with provisions of Federal law which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or part by Federal grants (5USC 1501, et seq.) A. Environmental Protection Agency's (EPA) list of Violating Facilities The subgrantee assures that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating Facilities and that it will notify the FDLE of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. Section 5 Page 11 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program B. Flood Disaster Protection Act The subgrantee will comply with Section 1 02(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood insurance in communities where such insurance is available as a condition of the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified as an area having special flood hazards. C. National Historic Preservation Act The subgrantee will assist the FDLE in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the FDLE of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 37. The Coastal Barrier Resources Act The subgrantee will comply and assure the compliance of all contractors with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibit the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 38. "Pay to Stay" The subrecipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail. The subrecipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs. 39. If a Governmental Entity: it will comply with the requirements of the Uniform Relocation Assistance and Real property Acquisitions Act of 1970 (42 U.S.C. 94601 et seq.), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and it will comply with requirements of 5 U.S.C. 99 1501-08 and 99 7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. 40. Americans with Disabilities Act Subgrant recipients must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 41. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 27 4A( e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section Section 5 Page 12 Revised July 22, 2009 Florida Department of Law Enforcement Residential Substance Abuse Treatment Program 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 42. Limited English Proficiency (LEP) In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964,42 U.S.C. 9 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with LEP. For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.Qov. 43. Equal Treatment for Faith Based Organizations The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faith based organizations may, in some circumstances, consider religion as a basis for employment. See http://www.oip.qov/about/ocr/equalfbo.htm. 44. Certification for Employees Working Solely on a Single Federal Award Any project staff that are fully funded by the grant must certify that they worked solely on the grant. The certification must be prepared at least semi annually and must be signed by the employee and by a supervisory official having first hand knowledge of the work performed by the employee. Section 5 Page 13 Revised July 22, 2009 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Offlce of Criminal Justice Grants Signature: Typed Name and Title: Date: Subgrant Recipient Authorizing Offlclalof Governmental Unit (Commission Chairman, Mayo", or Designated Representative) Signature: //' Typed Name and Mayor Dare: June 16, 2010 Implementing Agency Offlclal, Administrator or Designated Representative Dare: June 16, 2010 Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #6 Page 1 of 1 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Insert Certifications and Authorizations here. Application Ref # Contract 2010-RSAT-61 -RSAT-MONR- -- Section #7 Page 1 of 1 CERTIFICATION FORM Recipient Name and Address: Monroe County Board of County Commissioners Grant Title: RSAT/Jaillncarceration Program Grant Number: 201 O-RSA T -61 Award Amount: 50,000 Contact Person Name and Title: Lisa Tennyson, Grants Administrator Phone Number: (305) 292-4444 Federal regulations require recipients of financial assistance from the Office of Justice Programs (OJP), its component agencies, and the Office of Community Oriented Policing Services (COPS) to prepare, maintain on file, submit to OJP for review, and implement an Equal Employment Opportunity Plan (EEOP) in accordance with 28 C.F.R ~~ 42.301-.308. The regulations exempt some recipients from all of the EEOP requirements. Other recipients, according to the regulations, must prepare, maintain on file and implement an EEOP, but they do not need to submit the EEO P to OJP for review. Recipients that claim a complete exemption from the EEOP requirement must complete Section A below. Recipients that claim the limited exemption from the submission requirement, must complete Section B below. A recipient should complete either Section A or Section B, not both. If a recipient receives multiple OJP or COPS grants, please complete a form for each grant, ensuring that any EEOP recipient certifies as completed and on file (if applicable) has been prepared within two years of the latest grant. Please send the completed form(s) to the Office for Civil Rights, Office of Justice Programs, U.S. Department of Justice, 8 I 0 7th Street, N. W., Washington, D.C. 20531. For assistance in completing this form, please call (202)307- 0690 or TTY (202) 307-2027. Section A- Declaration Claiming Complete Exemotion from the EEOP Requirement. Please check all the boxes that app [y. o o o Recipient has less than 50 employees, Recipient is a non-profit organization, Recipient is a medical institution, o Recipient is an Indian tribe, o Recipient is an educational institution, or o Recipient is receiving an award less than $25,000 I, [responsible official], certify that [recipient] is not required to prepare an EEOP for the reason(s) checked above, pursuant to 28 C.F.R ~42.302. I further certify that [recipient] will comply with applicable Federal civil rights laws that prohibit discrimination in employment and in the delivery of services, Prin t or ty pe Name and Title Signature Date Section B- Declaration Claiming Exemption from the EEOP Submission Requirement and Certifying That an EEOP Is on File for Review. If a recipient agency has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, then the recipient agency does not have to submit an EEOP to OJP for review as long as it certifies the following (42 C.F.R. ~ 42.305): I, Roman Gastesi, Jr. County Administrator [responsible official], certify that the Monroe County Soard of County Commissioners [recipient),which has 50 or more employees and is receiving a single award or subaward for $25,000 or more, but less than $500,000, has formulated an EEOP in accordance with 28 CFR ~42.301, et seq., subpart E. I further certify that the EEOP has been formulated and signed into effect within the past two years by the proper authority and that it is available for review. The EEOP . the office of: Calvin Allen, EEO Officer, Monroe County SOCC [orga at 1100 Simonton Street, Key West, Florida 33040 [address],for revi employees or for review or audit by officials of the relevant state planning agency or the Office for Civ' Justice Programs, U. S. Department of Justice, as required by relevant laws and regulations. Roman Gastesi, Jr., County Administrator Print or type Name and Title Signature Date E . ; 'U:-o ~ - _.~~ - ~ ~ -- OMB Approval No. ] [21-0]40 Expiration Date: 01/31/06 . CERTIFICATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Residendial Substance Abuse Treatment Proaram Form Provided by the U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, OFFICE OF THE COMPTROLLER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-Free Workplace (Grants)". The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented 81 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No federal appropri81ed funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection w~h the making of any federal grant, the entering into of any cooperative agreement, and the extension, continu81ion, renewal, amendment, or modifica1ion of any federal grant or cooperative agreement; (b) If any funds other than federal appropri81ed funds have been paid or will be paid to any person influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or an employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and subm~ Standard Form - LLL, "Disclosure of Lobbying Activ~ies", in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and th81 all subrecipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented 81 28 CFR Part 67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section 67.510 - A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial offederal benetns by a State or Federal court, or voluntarily excluded from covered transactions by any federal department or agency; FDLE RSA T Grant Application Package (b) Have not w~hin a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust st81utes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making false st81ements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumer81ed in paragraph (1) (b) of this certifica1ion; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default; and B. lM1ere the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented 81 28 CFR Part 67, Subpart F, for grantees, as defined 8128 CFR Part 67 Sections 67.615 and 67.620- A. The applicant certifies that it will or will continue to provide a drug- free workplace by: (a) Publishing a st81ement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about- (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Lobbying, Debarment, Suspension, and Drug-Free Workplace Certification Page 1 . CERTifiCATION REGARDING LOBBYING; DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILlTIY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Florida Department of Law Enforcement Residendial Substance Abuse Treatment Proaram (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after the conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d) (2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including position title, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d) (2), with respect to any employee who is so convicted- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Fed eral, State, or local health, law enforcement, or other appropriate agency; (9) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). B, The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check here _ If there are workplaces on file that are not identified here. Section 67.630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each application for Department of Justice funding. States and State agencies may elect to use OJP Form 406117. Check here _ If the State has elected to complete OJP Form 4061/7. DRUG.FREE WORKPLACE (GRANTEES WHO ARE INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67; Sections 67.615 and 67.620- A. As a condition of the grant, I certify that I will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; and B, If convicted of a criminal drug offense resuiting from a violation occurring during the conduct of any grant activity, I will report the conviction, in writing, within 10 calendar days of the conviction, to: Department of Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531. As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1. Grantee Name and Address: Monroe County BOCC, 1100 Simonton Street, Key West, F133040 2. Project Name: RSAT- Jail Incarceration Program Da~: June 16, 2010 FDLE RSA T Grant Application PaCkage Ji~ " mo~~.c.nm'~~;!U Page 2