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03/01/2003 to 09/30/2003 03/19/2003 Clerk olllle Circul coun Danny L. Kolhage Office (305) 292-3550 Fax (305) 295-3663 Memnrandum To: Dave Owen, Grants Management) Isabel C. DeSantis, Deputy Clerk From: Date: Monday, March 31, 2003 At the BOCC meeting on February 19, 2003, the following was approved: c .~ ~ Residential Substance Abuse Treatment Funds Agreement between Monroe County and the Care Center for Mental Health for the Monroe County Jail Incarceration Program, using funds for Mental Health for the Monroe County Jail Incarceration Program, using funds provided under the Residential Substance Abuse Treatment Grant. c~ '&), Contract Amendment extending the term of the Contract between The Care Center for Mental Health, Inc. and Monroe County for the Monroe County Jail Incarceration Program, using funds provided under the Residential Substance Abuse Treatment Grant from Florida Department of Law Enforcement. Attached hereto are fully executed copies of the above documents for your handling. Should you have any questions concerning the above, please do not hesitate to contact this office. cc: County Attorney Finance File ./ RESIDENTIAL SUBSTANCE ABUSE TREATMENT FUNDS AGREEMENT THIS AGREEMENT is made and entered into this 19th day of March, 2003, by and between MONROE COUNTY, a political subdivision of the State of Florida, whose address is 5100 College Road, PSB Wing II, Stock Island, Key West, FL 33040, hereinafter referred to as "COUNTY," and The Care Center for Mental Health, hereinafter referred to as "AGENCY." WITNESSETH WHEREAS, the Florida Department of Law Enforcement has awarded a sub- grant of Residential Substance Abuse Treatment Funds to the COUNTY to implement a program that provides residential substance abuse treatment services to offenders held in local correctional facilities who have at least six months and no more than twelve months of their sentence left to serve; and WHEREAS, the County is in need of an implementing agency to provide said services under this Program; and WHEREAS, the AGENCY is the sole provider of this program; and WHEREAS, the COUNTY has agreed to disburse the Residential Substance Abuse Treatment Funds to the AGENCY in accordance with the COUNTY'S application for the Residential Substance Abuse Treatment Funds. NOW THEREFORE, in consideration of the mutual understandings and agreements set forth herein, the COUNTY and the AGENCY agree as follows: 1. TERM - The term of this Agreement is from March 1, 2003 through September 30, 2003, the date of the signature by the parties notwithstanding, unless earlier terminated as provided herein. 2. SERVICES - The AGENCY will provide services as outlined in the COUNTY'S Residential Substance Abuse Treatment Sub-grant Award, attached and made a part hereof. 3. FUNDS - The total project budget to be expended by the AGENCY in performance of the services set forth in Section 2 of this agreement shall be the total sum of $199,772.00. The total sum represents federal grant/state sub-grant support in the amount of $149,829.00 and local matching funds in the amount of $49,943.00, which amount shall be provided by the county through the grant matching funds account. All funds shall be distributed and expended in accordance with the Project Budget Narrative submitted as outlined in the grant agreement. 4. INCORPORATION BY REFERENCE - The provisions of those certain documents entitled "State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Sub-grant Award Certificate and Application" therefor and all laws, rules and regulations relating thereto are incorporated by reference, (Attachment A). 5. IMPLEMENTING AGENCY BOUND - The AGENCY is an implementing agency under the COUNTY'S Residential Substance Abuse Treatment Program, and shall be bound by all the provisions of the documents incorporated by reference in Section 4 of this Agreement. Additionally, the AGENCY shall be bound by all laws, rules, and regulations relating to the COUNTY'S performance under the Florida Department of Law Enforcement Residential Substance Abuse Treatment Grant Program. , 6. BILLING AND PAYMENT (a) The AGENCY shall render to the COUNTY, at the close of each calendar month, an itemized invoice properly dated, describing the services rendered, the cost of the services, and all other information required by the Program Director. The original invoice shall be sent to: Grants Administrator Public Service Building, Wing II 5100 College Road Key West, FL 33040 (b) Payment shall be made after review and approval by the COUNTY within thirty (30) days of receipt of the correct and proper invoice submitted by the AGENCY. 7. TERMINATION - This Agreement may be terminated by either party at any time, with or without cause, upon not less than thirty (30) days written notice delivered to the other party. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. In the event there are any unused Residential Substance Abuse Treatment Funds, the AGENCY shall promptly refund those funds to the COUNTY or otherwise use such funds as the COUNTY directs. 8. ACCESS TO FINANCIAL RECORDS - The AGENCY shall maintain appropriate financial records which shall be open to the public at reasonable times and under reasonable conditions for inspection and examination and which comply with the Agreement incorporated in Section 4 of this Agreement. 9. AUDIT - The AGENCY shall submit to the COUNTY an audit report covering the term of this Agreement, within one-hundred twenty (120) days following the Agreement's lapse or early termination and shall also comply with all provisions of the Agreement incorporated in Section 4 of this Agreement. 10. NOTICES - Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, and sent to: FOR COUNTY: Grants Administrator Public Service Building 5100 College Road FOR PROVIDER: Marshall Wolfe Care Center for Mental Health 1205 Fourth Street Key West, FL 33040 Key West, FL 33040 Either of the parties may change, by written notice as provided above, the addresses or persons for receipt of notices. 11. UNAVAILABILITY OF FUNDS - If the COUNTY shall learn that funding from the Florida Department of Law Enforcement cannot be obtained or cannot be continued at a level sufficient to allow for the services specified herein, this Agreement may then be terminated immediately, at the option of the COUNTY, by written notice of termination delivered in person or by mail to the AGENCY at its address specified above. The COUNTY shall not be obligated to pay for any services provided by the AGENCY after the AGENCY has received notice of termination. 12. COMPLIANCE WITH LAWS AND REGULATIONS - In providing all services pursuant to this Agreement, the AGENCY shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provision of, such services, including those now in effect and hereafter adopted, and particularly Article 1, Section 3 of the Constitution of the State of Florida and Article 1 of the United States Constitution, which provide that no revenue of the state or any political subdivision shall be utilized, directly or indirectly, in aid of any church, sect or religious denomination or in aid of any sectarian institution. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement immediately upon delivery of written notice of termination to the AGENCY. If the AGENCY receives notice of material breach, it will have thirty days in order to cure the material breach of the contract. If, after thirty (30) days, the breach has not been cured, the contract will automatically be terminated. 13. ASSIGNMENTS AND SUBCONTRACTING - Neither party to this Agreement shall assign this Agreement or any interest under this Agreement, or subcontract any of its obligations under this Agreement, without the written consent of the other. 14. EMPLOYEE STATUS - The AGENCY is an independent contractor. Persons employed by the AGENCY in the performance of services and functions pursuant to this Agreement shall have no claim to pension, worker's compensation, unemployment compensation, civil service or other employee rights or privileges granted to the COUNTY'S officers and employees either by operation of law or by the COUNTY. 15. INDEMNIFICATION - The AGENCY agrees to hold harmless, indemnify, and defend the COUNTY, its commissioners, officers, employees, and agents against any and all claims, losses, damages, or lawsuits for damages, arising from, allegedly arising from, or related to the provision of services hereunder by the AGENCY. 16. ENTIRE AGREEMENT (a) It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. (b) Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties. ~J1t'V.~lNESS WHEREOF, the parties to this Agreement have caused their namesto\b~a~~ed hereto by the proper officers thereof for the purposes herein expre~jmoe County, Florida, on the day and year first written above. (SEALt' ~\f.. :!.Ci BOARD OF COUNTY ' ..... '.0' "J..' '.j \~>"\:~:::} &;I':Gi'-:' ~~;y COMMISSIONERS Ai'fli1~fJtism'y L. KOLHAGE, Clerk OF MONR E C~Y, FLORIDA By: ~cJ.,.....l C . ~or.J,:.J By: L '" · · . Deputy CI rk Mayor/Chairman (1' 2u /) ~ a 6-A X-(c:J .dJ\~ Witn Care Center for Mental Health By: ~#-~ Title: /hd~/4v.:l ~ C TO ,;;=~- ~- ATTACHMENT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from Florida Statute 112,061. A cover letter summarizing the major line items on the reimbursable expense request needs to also contain a notarized certified statement such as: "I certify that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners," Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534, Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: check amount, check number, date, payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required, Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel must be submitted in accordance with Florida Statute 112.061. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket, A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Meal reimbursement is: breakfast at $3.00, lunch at $6.00, and dinner at $12.00. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Mileage reimbursement is calculated at .29 cents per mile for personal auto mileage while on County business. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving form one's home to the airport for a business trip is not a reimbursable expense. Non-allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non-sufficient check charges, penalties and fines. ATTACHMENT B ORGANIZATION LElTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for ( Organization name) for the time period of to Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX,XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending OS/28/01 XXX.XX (A) Total $ X.XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX,XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) $ X,XXX,XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization, Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Executive Director Attachments (supporting documentation) Sworn to and subscribed before me this _ day of 2001 by who is personally known to me, Notary Public Notary Stamp PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list, " SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE ~kh/I h(}/-K warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. ~~~ Date: 03- :LV- ~3 STATE OF Bb'~~Cl \"r\c") Y"'- "L.....) "2 COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, \"'('\.e._..,s\---. .~\ ~\ ~_ who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this ~y...\ \rday of ~G-\C-~ , 20C2> ~~ ~~~ NOTARY PUBLIC My commission expires: \J-d-~-C>,-\ OMB - MCP FORM #4 ~<:Alli'~ DEBRA GENNERS ?:' ':~ MY COMMISSION # CC 978173 ~'" . 'Ii EXPIRES: December 29, 2004 "'~p.f.~'(.,." Bonded Thru Notary Public Underwrite.. Florida Department of Law Enforcement Office of Criminal Justice Grants Mailing Address: Office of Criminal Justice Grants Florida Department of Law Enforcement 233 I Phillips Road Tallahassee, Florida 32308 (850) 410-8700 James T. "Tim" Moore Commissioner February'27, 2003 The Honorable Dixie Spehar Mayor of Monroe County 500 Whitehead Street, Suite 102 Key West, Florida 33040 Re: 03-CJ-2J-II-54-01-006/Monroe County Jail Incarceration Program Dear Mayor Spehar: The Florida Department of Law Enforcement is pleased to award a Residential Substance Abuse Treatment for State Prisoners grant in the amount of$149,829 to your unit of government. A copy ofthe approved sub grant application with the above referenced project number and title is enclosed for your file. All correspondence with the Department should always refer to the project number and title. Your attention is directed to Section G of the subgrant which is the "Acceptance and Agreement". These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. Also, you should review the enclosed Subgrant Award Certificate. This certificate contains important information regarding Section G that applies to this grant award. The enclosed Certificate of Acceptance should be completed and retumed to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service . Integrity . Respect . Quality The Honorable Dixie Spehar Page Two We look forward to working with you on this project. Ifwe can be of further assistance, please contact Mary Owen at 850/410-8700. Sincerely, C1 ~}\. w,&~ Cla~ H. Wilder Community Program Administrator CHW/MO/dw Enclosures 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 03-CJ-2J-11-54-01-006 in the amount of $149,829, for a, project entitled: Monroe County Jail Incarceration Program for the period of 03/01/2003 through 09/30/2003, 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. ~)J'; >n ~ (Signature of Authorized Official) O~ -/ Cf - 0.3 (Date of Acceptance) 'D! 1-1 f- 5-P<i /-/ ~ JV/ If Vb ~ (Typed Name and Title 0 Offlclal) (SEAL1. .. /.<c/ , AmS'f'-:c-O:-~NY L. KOLHAGE, CLERK B~M().A~~ DEPUTY CLERK State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: February 27, 2003 Grant Period: From: 03/01/2003 TO:09/30/2003 Project Title: Monroe County Jail Incarceration Program Grant Number: 03-CJ-2J-11-54-01-006 Federal Funds: $149,829.00 BGMTF Funds: State Agency Match: Local Agency Match: $49,943,00 Total Project Cost: $199,772.00 Program Area: 001 Award is hereby made in the amount and for the period shown above of a grant under Title IV of the Violent Crime Control and Law Enforcement Act of 1994, P.L. 103-322, as amended, to the above mentioned subgrantee and subject to any attached standard or special conditions, This award is subject to all applicable rules, regulations, and conditions as contained in the Financial Guide for Grants, Office of Justice Programs, Cornmon Rule for State and Local Governments and A-87, or OMB Circulars A-110 and A-21-, in their entirety. It is also sublect to such further rules, requlations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P,L, 103-322, as amended, SUBGRANT AWARD CERTIFICATE (CONTINUED): This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, properly executed Certificate of Acceptance of Subgrant Award is returned to the department. (Ip "J..1m f.J. b.1.tPtf.J Authorl ed Offlclal Clayton H. Wilder Community Program Administrator ;J.. -~ 7 .03 Date State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement SPECIAL CONDITION(S)/GENERAL COMMENT(S) Grantee (Name of SPA): Office of Criminal Justice Grants Grant Number: 03-CJ-2J-11-54-01-006 Grant Title: Monroe County Jail Incarceration Program In addition to the general conditions applicable to fiscal administration, the grant is subject to the following Special Condition (s): GENERAL COMMENT: The Sole Source Justification for Services and Equipment has been reviewed and approved. Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement APPLICATION FOR FUNDING ASSISTANCE FDLE Contract Number: (This numberwil/ be inserted bv FDLE). 2003-CJ-2J-11-54-01-006 A, Applicant Information Prior Contract Number: 02-CJ-2A-11-54-01-004 (This section to be completed by Subgrantee) County Name: Monroe Federal CFDA Number 16.593 1. Subgrant Re~ipient Information (Governing body of a city, county or Indian Tribe performing criminal justice functions as determined by the U. S. Secretary of the Interior). Aaency Name Monroe County Board of County Commissioners Name of Chief Elected Official! State Aqency Head Dixie Spehar Title Mayor I E-Mail Address soehar-dixie@monroecounty-f1.com Address 500 Whitehead Street, Suite 102 City Key West ZiD Code 33040 Area COdefTelephone No. 305-292-3440 I SunCom Fax 305-292-3466 2. Chief Financial Officer of Subgrant Recipient (Chief financial officer of the subgrantee). Name of Chief Financial Officer Danny Kolhaae Title Clerk of the Circuit Court 1 E-Mail Address Address 500 Whitehead Street City Key West Zip Code 33040 Area CodefTelephone No. 305-292-3550 I SunCom Fax 305-292-3660 3. Implementing Agency (A subordinate agency of a city, county or Indian Tribe, or an agency under the direction of an elected official, i.e., a Sheriff's Office). Aaencv Name Monroe County Board of County Commissioners Name of Chief Elected Official! State Agency Head Dixie Spehar Title Mayor 1 E-Mail Address spehar-dixie@monroecountY-fl.com Address 500 Whitehead Street, Suite 102 City Key West Zip Code 33040 Area Coderrelephone No. 305-292-3440 I Sun Com Fax 305-292-3466 4. Project Director (Individual in direct charge of managing and/or implementing project activities - must be an employee of the Implementing Agency). Name of Project Director David P. Owens Title Grants Administrator I E-Mail Address owens-david@monroecounty-fl.com Address 1100 Simonton Street City Kev West Zip Code 33040 Area COdefTelephone No. 305-292-4482 I SunCom Fax 305.292-4515 SFY 2003 Subqrant Application Package Page 23 Section 5 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement 5. Contact Person (if other than Project Director) Name of Contact Person same as project director Title I E-Mail Address Address City lio Code Area Coderrelephone No. I SunCom Fax 6. Person Responsible for Financial Reporting (if known) Aaencv Name Monroe County Board of County Commissioners Name of Chief Elected Official/State AQency Head Dixie Spehar Title Mayor I E-Mail Address soehar-dixie(ii'lmonroecounty-f1.com Address 500 Whitehead Street, Suite 102 City Key West lip Code 33040 Area Coderrelephone No. 305-292-3440 I Sun Com Fax 305-292-3466 7. Person Responsible for Programmatic Performance Reporting (if known) Name of Proiect Director David P. Owens Title Grants Administrator I E-Mail Address owens-david@monroecounty-fl.com Address 1100 Simonton Street City Key West lip Code 33040 Area Coderrelephone No. 305-292-4482 I SunCom Fax 305-292-4515 SFY 2003 SubQrant Application PackaQe Page 24 Section 5 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement B. Administrative Data 1. Project Title Monroe County Jail Incarceration Program (Provide a brief descriptive title, must not exceed 36 total spaces and characters) 2, Project implementation period Start: March 1, 2003 End: September 30,2003 c. Fiscal Data 1, (If other than the Chief Financial Officer) Remit Warrant to: Name David p, Owens Title Grants Administrator I E-Mail Address owens-david@monroe countv-f1.com Address 1100 Simonton Street Citv Key West Zio Code 33040 Area CodeIT eleohone No. 305-292-4482 r SunCom Fax 305-292-4515 If subgrantee is participating in the State of Florida Comptroller's Office electronic transfer Droaram, reimbursement cannot be remitted to any other entity. 2. Vendor Number (Federal Employer IdentifICation Number) 59-6000749 3, State Agency SAMAS # (Applies to State Agencies only) 4. Will the Project earn Project Generated Income (PGI) as defined in Section G, Paragraph 14? (Check one) _Yes _X_No 5, Will the applicant be requesting an advance of federal funds? (Check one) _Yes (If Yes, a letter of request must be attached) _X_No 6. Will applicant submit monthly or quarterly Reimbursement Requests as specified in Section G, Item 1 b, of this agreement? (Check one) _Monthly _X_Quarterly SFY 2003 SubQrant Application Packa!:le Section 5 Residential Substance Abuse Treatment Grant Program Florida Department of law Enforcement D. Program Data 1. Program Facility (check all that apply) _X_Prison _Jail _ Boot Camp _ Work Camp _ Halfway House _ Community Corrections Program _ Juvenile Detention Facility _ Juvenile Correctional Facility _ Other (specify) 2. Target Population (indicate number of clients to be served) 150 Adult Males Adult Females Juvenile Males Juvenile Females 3, Services/Interventions Available (check all that apply to indicate services that will be Offered) _X_Therapeutic Community _X_ 12-Step Program _X_Individual Counseling _X_Group Counseling Acupuncture _X_Pharmacotherapy _X_Other Drug Treatment _X_Drug Testing _X_Mental Health Counseling _X_Educational Programs Community Service Victim Restitution Restorative/Community Justice Victim Awareness Mediation Domestic Violence Reduction _ Family Counseling _ Sex Offender Treatment _X_Impulse/Anger Control _X_Work Activities _X_Job Skills Development _X_Job Placement _X_Aftercare Services _X_Structured leisure Time _X_leadership Training _X_Mentoring _X_Parenting Training _X_Cognitive Restructuring _X_Financial Management Other (specify) _X_Criminal and Addictive Thinking -,<_Relationship Issues _X Court Liaison 4. Projection of Successful Completions (indicate number of clients projected for each phase): a. A total of 125 participants are projected to successfully complete the residential substance abuse treatment service phase during the subgrant period. b. A total of 90 participants are projected to successfully complete the aftercare treatment phase during the subgrant period. SFY 2003 Subj:lrant Application Packaj:le Section 5 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement E, Program Description/Objectives 1. Begin with an executive-style summary which is approximately one page in length describing the project to be funded with RSAT funds. Start below. PROBLEM IDENTIFICATIONrrARGET GROUP Over sixty per cent of the inmates currently housed in the Monroe County Detention Center have charges related to substance abuse, which is pervasive in Monroe County. These inmates need help with anger management, domestic abuse, job and housing placements, educational and literacy improvements, aftercare, mental health counseling, referrals, and pharmacological assessments. During the years that the Jail Incarceration Program has been available, it has had a positive impact. SOLUTION The Jail Incarceration Program is an in house substance abuse treatment program. It began in 1997, funded by a Byrne Grant, and has served approximately 800 inmates with a thirty percent recidivism rate as compared to seventy per cent for inmates in general. The Care Center for Mental Health operates the program, holds the substance abuse treatment license for the jail, and provides the administrative and case management services as mandated by Florida Administrative Code 10-E16. Under the RSAT grant, the program was expanded and enhanced. This year we expected to serve 75 inmates and will serve over 100. The inmates (male) are housed in a separate dorm. They have liaison and advocacy if needed to help them get treatment in this program or another appropriate one. All participants are screened to determine special needs, and an individualized treatment plan is written for each. That plan is reviewed monthly and any adjustments are made as needed. The program includes special counseling in anger management, domestic abuse, parenting classes, life skills, and mental health counseling. Inmates are screened and referred for educational and/or vocational training, transitional housing, aftercare, work release, and medical assistance. This helps increase success in recovery and decrease the criminal activity associated with substance abuse. Referrals will be made for inmates that need English as a second language, literacy skill improvements, and GED classes. Life skills classes address how to look for work, fill out a job application, write a resume, obtain a job (in conjunction with work release), apply for educational assistance, provide basic communications skills, and how to mentor. Two additional computers allow us to teach computer literacy, another vital skill. The program will continue in its present form. The emphasis on cognitive behavioral therapy and rational emotive therapy (RET) is its backbone. The twelve-step approach, life skills, and art/music therapy provide a well-rounded approach. Enhancements of the program include new components. The local community college, in conjunction with the Detention Center, will offer vocational classes to inmates who qualify, with first preference being the inmates in JIP. They will be transported to classes to obtain a Certification in Small Engine Repair. This will enable them to get employment repairing marine engines, a viable occupation here in the Keys. Parenting classes were added this year, and there will be a new portion of the program that will address the impulsiveness that is the root of addictive and criminal thinking. Materials will include workbooks that discuss intake and orientation, criminal and addictive thinking, socialization, relapse and prevention, and reintegration preparation for chemically dependent offenders. The Detention Center operates a farm and petting zoo, in which inmates in the program participate. They receive a Certificate in Animal Husbandry, and the opportunity to be outside and work with the animals is very therapeutic. Treatment will continue to be six months, with two months priority aftercare provided by the Care Center for Mental Health. OBJECTIVES SFY 2003 SubQrant Application PackaQe Page 27 Section 5 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement The number of inmates expected to complete the program is 125. It is also projected that: 70% of the inmates served will successfully complete the aftercare program, 98% of the inmates served in the program will remain drug free while participating in it, 70% of the inmates served will not test positive for drugs during aftercare, 80% of the inmates served will not violate probation during aftercare, and 70% of the inmates served will not return to jail during the first year after release. The program coordinator must hold a Master's degree in counseling and Psychology, be a Certified Addictions Professional in Florida, and be a Licensed Mental Health Counselor. The other counselors (currently two full-time and three part-time) must be Certified Addiction Professionals or Licensed Mental Health Counselors. Staff expertise has a direct impact on the program efficiency. Random drug testing is conducted weekly with all the inmates being tested at least once a month. The Program Coordinator further evaluates the program's effectiveness by tracking the inmates who have completed the program through probation and checking for any new arrests in Monroe County and nationwide. For recidivism purposes, a sample of the program's clients is compared to a random sample of inmates who received no treatment. The Program Coordinator reviews all the testing and screening of the clients and makes the final determination for appropriate treatment. The Program Coordinator does counseling in EMDR (Eye Movement Desensitivation Re-processing), Reality Therapy, trauma and abuse issues, anger management, and mental health problems. The County, in conjunction with the Care Center for Mental Health and the Monroe County Sheriff's Department, will explore funding options for the future, such as the Inmate Welfare Fund, Fine and Forfeiture Fund, and various grants to complement or possibly replace RSAT funding. SFY 2003 SubQrant Application PackaQe Page 28 Section 5 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement E. Program Description/Objectives Continued 2. Provide a brief description followed by objectives for each project activity checked in Section D. Program Data, Paragraph 3, Services/Interventions Available. Describe who will do what, when, where and how. The narrative should be limited to no more than ten pages. Start below. E. Program Description/Objectives 1. Therapeutic Community - The inmates in the program will be housed in a separate dorm from the jail general population to create a treatment setting where the inmates can develop trust and work together. Officers who receive orientation about the program will staff it. The counselors will provide group counseling and recreational activities. Program activities will be held from 9:00 A.M. to 5:00 P.M., Monday through Saturday. 2.12 Step Program - This uses the concepts of the AA/NA recovery program, and is based on 12 steps that lead a person to sobriety. The inmates are exposed to the 12 step concept and it is constantly reinforced. The counselors in the program instruct the inmates as to how to incorporate the 12 steps into their daily lives during the twenty four weeks of the program as follows: Week One: Week Two: Week Three: Week Four: Week Five: Week Six: Week Seven: Week Eight-Ten: Week Eleven: Week Twelve: Week Thirteen: Week Fourteen: Week Fifteen: Week Sixteen Through Twenty: Week Twenty-One: Week Twenty-Two: Week Twenty-Three: Week Twenty-Four: Overview Of Addiction Video - Cycle Of Addiction - Louise Mark Explore Individual Belief System Quick Overview Of The 12 Steps Step One- Read And Comment Step One - Individual Interpretation Step One - Written Work Step Two -Read, Comment, Interpretation, And Written Work Step Three - Read And Comment Step Three - Individual Interpretation Chalk Talk - Father Martin Discuss Honesty How The Steps Work In Our Daily Lives. Readings From The Big Book Speaker - "How The Steps Affected His Life." Individual Presentations On Step One Individual Presentations On Step Two Individual Presentations On Step Three 3. Individual Counseling - To provide more in-depth counseling for inmates who need it. The sessions will be provided as needed which will be determined at staffing. 4. Group Counseling - To provide the feedback and peer involvement that is proven to be most effective when working with addiction. All the counselors will provide group counseling on a daily basis. 5. Pharmacotherapy - To provide medication for dual diagnosed inmates if needed for them to be able to function in the program. The Licensed Mental Health Counselors will do an evaluation and refer the inmates to the jail medical department to be seen by the psychiatrist. This will be done on a case by case basis. 6. Other Drug Treatment - To provide detoxification services for inmates suffering from withdrawal. Inmates are screened at intake and referred to the medical staff as needed. 7. Drug Testing - To insure that the inmates in the program are drug free. This is done when inmates enter the program, when they leave and return, and at random. Samples are taken under dual control by the counselors or a certified detention officer and are tested by the facility's trustee officer. SFY 2003 Subgrant Application Package Section 5 Page 29 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement 8. Mental Health Counseling - To help inmates in the program with life problems. This is provided by the Mental Health Counselors on staff as requested by the inmates or as deemed necessary by the counselors. 9. Educational Programs - To provide the inmates with necessary skills to enhance their lives and earning potential when they are released. Programs include basic literacy, GED, college courses, and life skills. Courses may be referrals or taught by the counselors. They are ongoing through the program. Different criteria are used to establish which inmates are appropriate and eligible. 10. Impulse/Anger Control- To provide the inmates with tools and techniques to control their anger and impulsiveness. This is conducted as a series of classes using Rational Emotive and Cognitive Behavioral Therapy to illustrate new ways of behaving. This class is ongoing and conducted by the Mental Health Counselors who are trained in Anger Management. 11. Work Activities - To help inmates develop a work ethic while saving some money to help them get established upon release: After ninety days in the program and if they are eligible, inmates may work when they are not attending the program. They are referred by the staff and screened by the jail's work release specialist. 12. Job Skills Development - to help inmates develop personally and professionally while learning life management skills. This is conducted by the counselors and includes computer skills, reading, workbook exercises, and discussion groups. The format is: Lesson One: Lesson Two: Lesson Three: Lesson Four: Lesson Five: Lesson Six: Lesson Seven: Lesson Eight: Lesson Nine: Lesson Ten: Lesson Eleven: Lesson Twelve: Lesson Thirteen: Lesson Fourteen: Lesson Fifteen: Lessons Sixteen To Twenty: Lessons Twenty One To Twenty-Four: Understanding The Concept Motivation Habits, Attitudes, And Conditioning Abundance Of World And Self Self Conditioning A Successful Way Of Life The Problem Solving Process Emotions And Emotional Blocks Assurances Family Success Family Relationships Interfamily Understanding And Communication Financial Stability Effective Communication Getting And Keeping A Job Resume Writing Role Playing For Job Interviews Computer Skills training will be ongoing during the entire twenty-four weeks. 13. Job Placement - To help inmates have a job when they are released. Those inmates already on Work Release will have employment. Others can be referred to Job Services and Vocational Rehabilitation by the counselors in the program at the time of release. 14. Aftercare Services - These services will be provided by the Care Center for Mental Health, and consist of group and individual counseling. Aftercare will last three to six months. 15. Structured Leisure Time - To promote healthy activities and open-mindedness, explore individual talents and creativity, encourage conversation and social interaction. Counselors will alternate activities, providing access to clay, painting, origami, drawing, collage, finger painting, and computer art. Music will be presented ranging from country to classical to rock to musicals. There will be movies for pleasure and movies about life. Educational board games will be encouraged. These activities will be weekly and ongoing for the entire twenty four to twenty six weeks. 16. Leadership Training - to promote growth of a positive, productive identity, to enhance self image and to promote higher levels of moral reasoning. This will be conducted by counselors trained to conduct MRT (Moral SFY 2003 Subgrant Application Package Section 5 Page 30 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement Reconation Therapy). The groups will meet weekly for the duration of the program. Inmates will spend the first two weeks reading the introduction to the MRT Workbook, and then will present a step every two weeks. Once a month a film will be shown to reinforce the concepts. 17. Mentoring - to help inmates understand that they can change and lead healthy productive lives. Once a month former successful clients will come to tell their story. There will be weekly AA1NA meetings to help the inmates connect to outside members of the program. The Program Coordinator will facilitate. 18. Parenting Training - To help inmates develop better parenting skills and to help them understand what parenting they may not have received. A Life Skills Counselor will conduct these ten-week classes, which have been approved by the Department of Children and Families. 19. Cognitive Restructuring - To help the inmates understand the disease of addiction and help then see what change they need to make to break their destructive patterns. Rational Emotive Therapy will be used by all the counselors. The following schedule will apply: Weeks 1,2,3: Weeks 5,6: Weeks 7-16: Weeks 17-20 Weeks 20-24 Understanding Personal Belief System Identifying Impairing Thoughts Changing Our Belief System about emotional ranging from Anger to Grief. Negative Beliefs That Trigger Relapse Building Self Esteem 20. Financial Management - To help inmates manage their income and live within their means. This will be part of a Life Skills program that incorporates budgeting, balancing a checkbook, how to open a checking account, how to establish or reestablish credit, as well as other money issues. This will be a special class conducted by the counselors using videos and workbooks. 21. Criminal Thinking and Addictive Thinking (Other) - To help inmates understand how they think about the world in general and why they do things that bring them to jail. This will be conducted using a series of workbooks, videos. and group discussions. This is conducted in a classroom setting by counselors. 22. Relationship Issues - To help inmates develop healthier relationships. Communication styles and skills will be emphasized by a Life Skills Counselor who will conduct these group sessions. Some inmates may receive individual help. 23. Court Liaison - To help inmates receive appropriate treatment that directly addresses their needs. This is accomplished by assessing the inmates individually and matching the program to their needs. It also involves advising the court if additional or different treatment is better suited, and advocating for treatment rather than prison. This is ongoing and handled by the Program Coordinator. SFY 2003 SubQrant Application PackaQe Section 5 Page 31 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement E. Program Description/Objectives Continued 3, Complete the Activity Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. Start below and use continuation pages as necessary. Subgrant Period March 1, 2003 through September 30, 2003 BeginninQ Date End Date ACTIVITY Jan Feb Mar Apr May Jun Jul AUQ Sep Oct Nov Dee Submit Financial Reimbursement X X X X Requests Submit Quarterly Program Reports X X X X Submit Quarterly PGI Reports (If applicable) Submit Financial Closeout Package X Life Skills X X X X X X X X X X X X Rational Emotive Therapy X X X X X X X X X X X X Addiction Education X X X X X X X X X X X X Twelve-step Work X X X X X X X X X X X X Literacy Skills Training X X X X X X X X X X X X Anger Management X X X X X X X X X X X X Domestic Violence/Relationships X X X X X X X X X X X X Vocationalrrechnical Training X X X X X X X X X X X X Drug Court/Advocacy X X X X X X X X X X X X Individual Counseling X X X X X X X X X X X X SFY 2003 SubQrant Application PackaQe Section 5 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement F. Project Budget 1. Schedule Summary a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25 percent of the Total Project Costs. b. Enter the amount of federal, matching, and total funds by budget category that you will use to support project activities. Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Local Match must be a minimum of 25 percent nf thp Tnt~1 .. f'"",t", Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And Benefits Contractual Services 149,829.00 49,943.00 199,772.00 Expenses Operating Capital Outlay Indirect Costs Totals 149,829.00 49,943.00 199,772.00 SFY 2003 SubQrant Application PackaQe Page 33 Section 5 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement F, Project Budget Continued 2, Budget Narrative a. Identify type of Budget, Le., Actual, Unit Costs (supported by detailed cost basis), or Contractual (supported by back-up documentation that provides either the actual or unit costs basis for the contract). b. The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, Indirect Costs). The Total Project Costs must be included. c. Under each applicable budget category (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, Indirect Costs) indude a line item Budget. Describe in full each line item within the budget category. The description should show sufficient detail to demonstrate a cost relationship to the project activities. d, Specify the sources of matching funds. [Source of match must be cash and represent no less than twenty-five (25) percent of the project's cost.] e, Costs must not be allocated or included as a cost to any other federally financed program. (Continue on additional paaes if necessarv.) Actual Costs Budget Salary: Program Coordinator (Mental Health and Substance Abuse Counselor) Substance Abuse Counselor (CAP Certified) Substance Abuse Counselor (CAP Certified) Substance Counselor (CAP Certified 16 hours a week) Substance Abuse Counselor (CAP Certified 8 hours a week) Substance Abuse and Mental Health Counselor (25 hours a week) Total Salaries 46,500.00 31,500.00 31,500.00 14,850.00 6,650.00 23,100.00 154,100.00 Benefits: FICA @ 7.65% (rounded) Health Insurance 11,789.00 18,000.00 7,500.00 Educational Tools (Workbooks, Videos, and other educational materials) Most workbooks are not reusable; videos are. Reusable materials are used when possible. Office Supplies (Charting materials, paper, and misc. supplies) 2,383.00 Travel In-county (to and from drug court to represent and advocate for clients, recommend treatment) Travel and fees associated with required training to maintain licensure of program staff 1,000.00 5,000.00 Total Program Costs 199,772.00 Cash Match from Monroe County Fine and Forfeiture Fund 25% Grant Funds Requested 49,943.00 149,829.00 SFY 2003 SubQrant Application PackaQe Section 5 A-blQ cJ. ". ~+- ,q Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement G. Acceptance and Agreement Conditions of Agreement: Conditions of agreement requiring compliance by units of local government (subgrant recipients, implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed. All persons involved in or having administrative responsibility for the subgrant must read these "Acceptance and Agreement" conditions. This "Acceptance and Agreement" (Section G) must be returned as part of the completed application. Definitions: The term "Department", unless otherwise stated, refers to the Florida Department of Law Enforcement. The term "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 Performance Reports: The recipient shall submit Quarterly Project Performance 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 Performance 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. Monthly Reimbursement Request (months 1 through 11) are due thirty-one (31) days after the end of the reporting period. Quarterly Reimbursement Requests (1 st through 3rd quarter) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Reimbursement Requests shall be submitted as previously discussed. 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 termination period. Such Reimbursement Request shall be distinctly identified as "final". (2) All claims for reimbursement of recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the OCJG. A recipient shall submit either monthly or quarterly claims in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) 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. (See Paragraph 17. Program Income.) SFY 2003 SubQrant Application PackaQe Section 5 Page 35 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement 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 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 (OMS) Circulars A-21, A-8l, and A-110, 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. The OCJG's approval of the recipient agreement does not constitute approval of consultant contracts. 5. Allowable Costs Allowance for costs incurred under the subgrant shall be determined according to "General Principles of Allowability and Standards for Selected Cost Items" set forth in the Office of Justice Program's Financial Guide and federal OMB's Circular No. A-8l, "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 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 for himlher, the chief officer or elected official must submit to the OCJG a letter or resolution indicating the staff person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. 7, Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. SFY 2003 SubQrant Application PackaQe Section 5 Page 36 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement 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. 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 Recipients must request in writing any significant changes to the agreement and receive approval from OCJG. These include, but are not limited to: Changes in project activities, designs or research plans set forth in the approved agreement; A. 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, B. Transfers of funds above the ten (10) percent cap shall be made only if the Department approves a revised budget. C. 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 form prescribed and provided by the Department. A recipient shall submit reimbursement requests on a monthly or quarterly basis, as specified in Section G, Item 1 b of this agreement, in order to report current project costs. 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.; 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. This request, including the justification, shall be enclosed with the subgrant application. 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. SFY 2003 Subgrant Application Package Section 5 Page 37 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement If a project has not begun within ninety (90) days after acceptance of the subgrantaward, 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 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 recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 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. The recipient shall submit Project Generated Income Reports in accordance with Section G, Paragraph 1.b. SFY 2003 Subgrant Application Package Section 5 Page 38 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement 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 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. Recipients that expend $300,000 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 Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the recipient shall submit an annual financial audit that meets the requirements of Section 11.45 and 215.97, F.S., 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 thirty (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 recipient. C. The 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. D. The 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. 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 the date the audit report is issued, unless extended in writing by the OCJG. F. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout.. G. The completed audit reports should be sent to the following address: SFY 2003 SubQrant Application PackaQe Section 5 Page 39 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement 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-110. 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-11 O. 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. A. 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, F.A.C. 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 document are those of the author and do not necessarily represent the official position of policies of the U.S. Department of Justice." SFY 2003 SubQrant Application PackaQe Section 5 Page 40 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement 27. Equal Employment Opportunity (EEO) All recipients are required to comply with nondiscrimination requirements contained in various federal laws. Specifically, the statute that governs programs or activities funded by the Office of Justice Programs (OJP) (Section 809(c), Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 US.C. 3789d, prohibits such discrimination, as follows: No person in any State shall on the grounds of race, color, religion, national origin, sex [or disability]* be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or denied employment in connection with any program or activity funded in whole or in part with funds made available under this title. *Section 504 of the Rehabilitation Act of 1973 prohibits identical discrimination on the basis of disability. The recipient acknowledges, by completing and signing the attached EEO Certification Letter (Appendices I), that failure to submit an acceptable Equal Employment Opportunity Plan approved by the Office for Civil Rights (if recipient is required to submit one pursuant to 28 CFR 42.302), is a violation of its certified assurances and may result in suspension of funding obligation authority. Submission of this certification letter 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 of this agreement to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 US.C. 3701, et seq. (Reference Section 803 (a) ofthe Act, 42 US.C. 3783 (a) and CFR Section 42.207 Compliance Information.) If any court or administrative agency makes a finding of discrimination on the grounds of race, color, religion, national origin, gender, disability or age against a recipient of funds, the recipient must agree to forward a copy of the findings to the OJP Office for Civil Rights. 28. Americans with Disabilities Act 1990 Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 29. Non-Procurement, Debarment and Suspension The recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the recipient to certify that 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. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor list. SFY 2003 Sub\1rant Application Packa\1e Section 5 Page 41 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement 30. 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. 31. Federal Restrictions on Lobbying The recipient agrees to comply with Section 319 of Public Law 101-121 set forth 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: A. No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. B. If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbying Activities, according to its instructions. C. 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. 32. State Restrictions on Lobbying In addition to the provisions contained in Paragraph 29 of Section G, Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 33. 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 clearly state: A. The percentage of the total cost of the program or project that shall be financed with federal funds, and B. The dollar amount of federal funds to be expended on the project or program. 34. 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. SFY 2003 Subgrant Application Package Section 5 Page 42 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement 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 35. 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. 36. Purchase of American-Made Equipment and Products To the greatest extent practicable, all equipment and products purchased with program funds should be American-made. 37. Immigration and Nationality Act The recipient agrees to participate in national evaluation activities of the National Institute of Justice and the Department with respect to Residential Substance Abuse Treatment programs. 38. 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 ("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 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. 1. National Environmental Policy Act (NEPA) A. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 OO-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. 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. SFY 2003 Subgrant Application Package Section 5 Page 43 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement 2. 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.) 3. 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. 4. Flood Disaster Protection Act The subgrantee will comply with Section 102(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. 5. 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. 6. Omnibus Crime Control and Safe Streets Act The subgrantee will comply and assure the compliance of all contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the provisions of the current edition of the Office of Justice Program Financial and Administrative Guide for Grants, M71 00.1; and all other applicable State and Federal laws, orders, circulars, or regulations. 7. 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. SFY 2003 SubQrant Application PackaQe Section 5 Page 44 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement EEO Certification Letter - Subgrant Recipient Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Subgrant Recipient Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, I have read the Act criteria set forth in the Suborant Application Packaqe and Instructions. I understand that if the subgrant recipient meets these criterion, it must formulate, implement and maintain a written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the subgrant recipient (Initial one of the following): -L Does meet Act Criteria and does have a current EEO Program Plan. _ Does meet Act Criteria and does not have a current EEO Program Plan. Does not meet Act Criteria. I further affirm that if the recipient meets the Act criteria and does not have a current written EEO Program, federal law requires it to formulate, implement, and maintain such a program within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Requires signature of authorized official: ~: :~mesD:t:o::~:~:nlt:.::::nistrator Name of Subgrantee Organization: Monroe County Board of County Commissioners SFY 2003 SubQrant Application PackaQe Section 6 Page 46 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement EEO Certification Letter - Implementing Agency Mr. Clayton H. Wilder Community Program Administrator Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Re: Compliance with Equal Employment Opportunity (EEO) Program Requirements -- Implementing Agency Dear Mr. Wilder: I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, I have read the ACT criteria set forth in the Subqrant Application Packaqe and Instructions. I understand that if the Implementing Agency meets these criterion, it must participate in the subgrant recipient's EEO Program or formulate, implement and maintain its own written EEO Program relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency (Initial one of the following): -1L- Does meet Act Criteria and does have a current EEO Program Plan. _ Does meet Act Criteria and does not have a current EEO Program Plan. Does not meet Act Criteria. I further affirm that if the implementing agency meets the Act criteria and does not participate in the subgrant recipient's EEO Program or does not have its own written EEO Program, federal law requires it to participate in such a program or formulate, implement, and maintain its own program within 120 days after a subgrant application is approved or face loss of federal funds. Requires signature of authorized official: Type Name and Title: James L. Roberts. County Administrator By:~ {;:;;;;;:fl ~~ December 11, 2002 Name of Implementing Agency: Monroe County Board of County Commissioners SFY 2003 Subgrant Application Package Section 6 Page 47 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement Sole Source Justification for Services and Equipment (Required for sole source acquisitions of $100,000 or more) Name of Subgrantee Organization: Monroe County Board of County Commissioners Authorized Official for Sub Type Name: James L Roberts Type Title: County Administrator Signature:' --./- Telephone Number: ( 305 ) 292-4441 Date: December 11, 2002 Note: Justification for sole source procurement of $100,000 or more must be submitted to the Florida Department of Law Enforcement for approval. Provide a brief response addressing each of the following issues. Address each issue in a separate paragraph using the corresponding numerical indicator. Start on the next page and continue using a maximum of one additional page if required, Sign this Signature Pa e and attach to the com leted res onse, 1, Briefly describe the proposed contractual services and/or equipment and how it relates to our ro ram. 2. Explain your reasons for proposing to contract with, or purchase from, a non-competitive sole source. Address the expertise of the contractor, management, responsiveness, ro ram knowled e and ex erience of contract ersonnel. 3, Indicate the contract period and explain the potential impact on contract deliverables if due dates are not met. Estimate the time and cost to hire a competent replacement should the current contractor default. 4, Describe what is unique about the project and the proposed sole source contractor that would warrant a contract. 5. Explain any other points you believe should be covered to support your request for a sole source contract. 6, Make a declaration that the action you are taking is in the "best interest" of the subgrant reci ient and the im lementin a enc . SFY 2003 SubQrant Application PackaQe Section 6 Page 50 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement 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 <;>f 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 at 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 appropriated 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 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; (b) If any funds other than federal appropriated 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 submit Standard Form - LLL. "Disclosure of Lobbying Activities', 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 that all subrecipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MA TIERS (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- A. 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; (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); SFY 2003 Subgrant Application Package Page 52 (b) Have not within 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 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 B. 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. 3. 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- A. 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; Section 6 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement (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. NW., 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 (f). e. 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 here. If there are workplaces on file that are not identified 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 4061/7. 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 e, If convicted of a criminal drug offense resulting 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, NW., 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 Board of County Commissioners 1100 Simonton Street Key West, FL 33040 2, Application Number and/or Project Name: Monroe County Jail Incarceration Program 3. Grantee IRSNendor Number 59-6000749 4. Typed Name and Title of Authorized Representative: James L. Roberts, County Administrator 5. Signature: ---J~~4"j SFY 2003 Subgrant Application Package Page 53 6. Date: December 11. 2002 Section 6 Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement Sole Source Justification for Services and Equipment Narrative 1. Presently the Jail Intervention Program operates an in house substance abuse treatment program. This program began in 1997 with a Byrne Grant that ended in October 2001. That program served approximately eight-hundred inmates and ended with a thirty percent recidivism rate as compared to a seventy per cent recidivism rate for inmates in general. Under the RSAT grant the program was expanded and enhanced. The inmates (male) are housed in a separate dorm. Those who volunteer for the program have liaison and advocacy if needed to help them get treatment either in this program or another treatment program deemed appropriate. All inmates in the program are screened to ascertain any special needs and an individualized treatment plan is written for them. The treatment is reviewed every thirty days and updated as needed. The program outlined for them will include any special counseling in the areas of anger management, domestic abuse, parenting classes, life skills, and mental health counseling. They will also be screened and referred for educational and/or vocational training, transitional housing, aftercare, work release, and medical assistance. This helps increase the likelihood of success in recovery and decrease the criminal activity associated with substance abuse. The emphasis on cognitive behavioral therapy and rational emotive therapy is the backbone of the program. The twelve-step approach, life skills, and arVmusic therapy provide a well-rounded approach to the treatment of addiction. An outline of the format is included as well as a schedule for the daily activities. 2. The Care Center for Mental Health has operated a similar program, funded by a Byrne Grant and matching funds from Monroe County, at the Detention Center for four years. They have the expertise, personnel, equipment, and procedures in place to continue this type of program. The only other potential providers are the Guidance Clinic of the Middle Keys and the Guidance Clinic of the Upper Keys, approximately fifty and seventy-five miles away, respectively. The funding of the program under the Byrne Grant was overseen and recommended by the Substance Abuse Policy Advisory Board, which reviewed program proposals and made funding recommendations to the Monroe County Board of County Commissioners. No other proposals for this type of program at the Detention Center were received by the Substance Abuse Policy Advisory Board in recent years. At the beginning of the first year of RSAT funding, February 2001, the Care Center was the only provider ready to "hit the ground running" with this program. 3, The contract period is from February 15, 2003 through February 14, 2004. We believe that several months would be required to find a suitable replacement contractor to provide this service, two or three months for that contractor to hire staff, and there is a good chance that none would be available. 4. The present staff and program coordinator have developed a program designed to treat each client based on their individual needs. As a result of Substance Abuse, most of the clients have lost their ability to function in society. This program addresses the clients' addiction to drugs and alcohol through the Relapse Prevention and Steps. It also addresses the psychological problems of behavior, personality problems, lack of socialization, and criminal attitude through the Moral Reconation Therapy, Anger Management, Parenting Classes, Domestic Abuse Information, and Rational Emotive Therapy. Art and Music Therapy help alleviate stress and develop self-esteem. The Life Skills, Work Relapse, and Farm Detail offer the clients a chance to re-integrate and transition back into the mainstream of the community. The Aftercare helps the clients overcome problems as they occur, without returning to their usual coping means of using drugs and alcohol. This provider has a proven track record of reducing recidivism. The staff is already trained and in place, as is the program. S, All relevant points in support of this sole source award have been covered above. 6. Monroe County believes that the award of these grant and matching funds to The Care Center for Mental Health to provide this program is in the best interest of the subgrant recipient and the implementing agency. SFY 2003 SubQrant Application PackaQe Section 6 Page 51 OMB/Grants RESOLUTION NO. 588 - 2002 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF MONROE COUNTY, FLORIDA AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FOR THE FY02/03 RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS HELD IN LOCAL CORRECTIONAL FACILITIES GRANT PROGRAM WHEREAS, the Florida Department of Law Enforcement has announced the FY02/03 funding cycle of the Residential Substance Abuse Treatment Grant Program; and WHEREAS, the Monroe County Board of Commissioners wishes to continue the residential treatment program currently in place at the Monroe County Detention Center, using funds allocated to Monroe County in an amount not to exceed one-hundred, fifty-thousand and noll 00 (150,000,00) dollars plus a 25% cash match requirement not to exceed fifty-thousand and no/l 00 (50,000.00) dollars, now therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that: 1. The County Administrator is hereby authorized to sign and submit the application packet for the FY02/03 grant funds to the Florida Department of Law Enforcement Residential Substance Abuse Treatment Grant Program; and that 2. This resolution shall become effective immediately upon adoption by the Board of County Commissioners and execution by the Presiding Officer and Clerk. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 18th day of December, A.D., 2002. Mayor Dixie Spehar Mayor ProTem Nelson Commissioner McCoy Commissioner Neugent Commissioner Rice yes yes yes yes yes o u W 0::: IX: o lL. o W -l l.L. co I :z: oct: J ("TO = = C'-..J <2:. r~>= -1u...... Sn::z ". _:::J '(->0 .-' .u .,..~w _!:.-10 ;;;: U 0::: ~.( Z a 0 ;!: Monroe County BoE'~ of C~issioners ~., /n ~ By: /1.",~ fa ' Mayor Dn: z~;~p~~.. Residential Substance Abuse Treatment Grant Program Florida Department of Law Enforcement H. Signature Page In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature (I~ ~ -\.t. ~ Type Name and Title: Clavton H. Wilder. Community ProQram Administrator Date: d... ... J.l--o ~ Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Type Name of Subgrantee: Monroe County Board of County Commissioners Signature: .--J52~ Type Name and Title: James L. Roberts, County Administrator Date: December 11. 2002 Implementing Agency Official, Administrator or Designated Representative Type Name of Implementing Agency: Monroe County Board of County Commissioners Signature: ~~ Type Name and Title: James L. Roberts. County Administrator Date: December 11. 2002 SFY 2003 Subgrant Application Package Section 5 Page 45