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2006-RSAT-MONR-1-7Q-003 09/28/2005 DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 12, 2005 TO: Salvatore Zappulla, Director Office of Management & Budget ATTN: Dave Owens Grants Manager Pamela G. Hanc$ Deputy Clerk OU FROM: At the September 28,2005, Board of County Commissioner's meeting the Board granted authorization for the Mayor to execute the Certification of Acceptance of Subgrant Award for the Monroe County Jail Incarceration Program, using funds provided under the Residential Substance Abuse Treatment Grant, for the period from September 1,2005 through August 31, 2006. Enclosed is a copy of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finanye File ,/ State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 2006-RSAT-MONR-1-7Q-003, in the amount of $ 50,000,00, for a project entitled, MONROE COUNTY JAIL INCARCERATION PROGRAM, for the period of 09/01/2005 through 08/31/2006, 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 any special conditions governing this subgrant. L)~ >n ~ Signature of Subgrantee's Authorized Official ~ f'oO 0 c::. 0 ~ "TI Z J> Ut ::Q ::z: (:) j- oC"'):z: n ", rnr--<: -f 0 ::lIl:: ." ("). r 0-(") . '" 0 c:-~ :::0 z~o z- :.:0 .....0. :z i'Tl :<~:t: ')> - (") "Tl G") - 0 - r fTt 0 ::0 )> C c." Dixie M. Spehar, Mayor Typed Name and Title of Official September 28, 2005 Date of Acceptance ~.iF:::~ Y DE CLERK State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 SUBGRANT AWARD CERTIFICATE Subgrantee: Monroe County Board of Commissioners Date of Award: JUL 2 5 2005 Grant Period: From: 09/01/2005 TO: 08/31/2006 Project Title: MONROE COUNTY JAIL INCARCERATION PROGRAM Grant Number: 2006-RSAT-MONR-1-7Q-003 Federal Funds: $ 50,000.00 BGMTF Funds: State Agency Match: Local Agency Match: $ 16,667,00 Total Project Cost: $ 66,667,00 Program Area: 0001 : Residential Substance Abuse Treatment 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 standards or special conditions, This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Office of Justice Programs, Common Rule for State and Local Governments and A-87, or OMB Circulars A-11 0 and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P,L, 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, a properly executed Certification of Acceptance/ Request for Payment is returned to the department. @CLv Authorized fficial Clayton H, i1der Administrator --' 7-2S-cJ5 Date ( ) This award is subject to special conditions (attached), Appli~ation for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Subgrantee Organization Organization Name: Monroe County Board of Commissioners County Organization is Located In: Monroe FEID OR SAMAS: 596000749 Chief Official Position Name: Dixie Spehar Title: Address: City: State: Email: Phone: Mayor 500 Whitehead Street, Suite 102 Key West FL Zip: 33040 boccdis1@monroecounty-fl.gov 305-292-3440 Ext: Fax: 305-292-3466 Suncom: Chief Financial Official Position Name: Danny Kolhage Title: Clerk Address: 500 Whitehead Street City: Key West State: FL Zip: 33040 Email: dkolhage@monroe-c1erk.com Phone: 305-292-3550 Ext: Fax: 305-295-3663 Suncom: Application Ref # Contract 2006-RSA T -10 2006-RSA T -MONR-1-7Q-003 Section #1 Page 1 of 2 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Implementing Agency Organization Organization Name: Monroe County Board of Commissioners County Organization is Located In: Monroe FEID OR SAMAS: 596000749 Chief Official Position Name: Dixie Spehar Title: Mayor Address: City: State: Email: Phone: 500 Whitehead Street, Suite 102 Key West FL Zip: 33040 boccdis1@monroecounty-fl.gov 305-292-3440 Ext: Fax 305-292-3466 Suncom: Project Director Position Name: David Owens Title: Address: City: State: Email: Phone: Grants Administrator 1100 Simonton Street Key West FL Zip: 33040 owens-david@monroecounty-f1.gov 305-292-4482 Ext: Fax 305-292-4515 Suncom: Application Ref # Contract Section #1 Page 2 of 2 2006-RSA T -10 2006-RSA T -MON R-1-7Q-003 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Project Information Project Title: MONROE COUNTY JAIL INCARCERATION PROGRAM Project Sequence No: 0 Subgrantee: Monroe County Board of Commissioners Implementing Agency: Monroe County Board of Commissioners Project Start Date: 9/1/2005 End Date: 8/31/2006 Problem Identification N/A (as specified in instructions) Application Ref # Contract 2006-RSA T -10 2006-RSA T-MONR-1-7Q-003 Section #2 Page 1 of 3 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Project Summary 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 900 inmates with an overall recidivism rate of thirty-five per cent compared to a seventy per cent recidivism rate for the jail. It provides the administrative and case management services as mandated by Florida Administrative Code 10-E16. Under the RSA T grant, the program has been expanded and enhanced, This year, the program will serve approximately 190 inmates. The inmates (male) are housed in a separate dorm with its own recreation area, All the inmates in the program are screened to determine special needs, They have liaison and advocacy to help them get treatment in JIP or another appropriate program. All participants have individualized treatment plans that plan are reviewed monthly and , adjustments are made if needed. The program includes special counseling in anger management, domestic abuse, parenting classes, conflict resolution, grief work, life skills, and job skills, Inmates are screened and referred for mental health counseling, educational and/or vocational training, transitional housing, aftercare, work release, and medical assistance. This helps increase success in the recovery process and decreases 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 will address how to find a place to live, how to open a bank account, how to make a budget, and basic nutrition. Job Skills will address how to look for work, fill out a job application, interview, and obtain a job (work release if possible). All inmates will create a resume to take with them. Educational assistance will be given, providing basic communication skills, computer literacy, and how to mentor. The Substance Abuse counseling 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, art/music therapy, and group therapy provide a well-rounded approach, Last year the program, ?Touchstones? was added, Touchstones discussion groups are aimed at developing verbal skills, active listening, using evidence to support an opinion and the development of careful, respectful and yet critical consideration of the opinions of others. Its central purpose is to enable people who are products of a technological world to become responsible, thoughtful inhabitants of that world, The texts are chosen from Western classical thought because they are characteristically abstract and impersonal and allow the group to bring their own experience to bear. Touchstones is selected as an adjunct to therapy to see if the inmates could follow the arguments of the reading, present their own ideas in a logical fashion and deal with conflict in a dialectical manner rather than using old patterns of behavior involving unsubstantiated opinions reinforced by acting out behavior. From a therapeutic point of view, it is an excellent way to reduce aggression and expand cognitive skills. The Detention center continues to operate a farm and petting zoo that is maintained by inmates in JIP, It is very therapeutic to work with the animals and to give something while getting no tangible reward. This is a concept new to many of the inmates. Application Ref # Contract 2006-RSAT-10 2006-RSA T -MONR-1-7Q-003 Section #2 Page 2 of 3 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Project Summary (Continued) Treatment is a minimum of six months with the possibility of lasting one year. Aftercare is six months and is provided by the Care Center for Mental Health in Key West. Objectives The number of inmates expected to complete the program is 100, It is also projected that: 70% of the inmates served will complete the Aftercare Program, 97% of the inmates served in the program will remain drug free while participating, 70% of the inmates in the aftercare program will not test positive for drugs/alcohol. 75% of the inmates will not violate probation during aftercare and 70% of the inmates served will not return to jail during the first year after release. The program will have administrative coordinator who also serves as a counselor, There will be two additional full-time counselors and two part-time counselors. All staff will have a strong background in substance abuse counseling with appropriate certification or work towards certification. Staff expertise has a direct impact on the program efficiency, Random drug testing is conducted weekly with all inmates being tested at random, The program coordinators further evaluate 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 inmates is compared to a random sample of inmates who received no treatment. The Program Coordinators will review all the testing and screening of the inmates and make the final selection of appropriate inmates to participate in JIP. The enhancement for the coming year is the DOGS to CLAS program, This is a service dog training program in which the inmates train dogs that have been rescued from the local pound. It teaches inmates how to change their own behavior while shaping dog behaviors, The dogs are then given to a community member with special needs, to enhance their independence. Aftercare priority is given by the Care Center for Mental Health, in Key West, not funded by RSA T. Application Ref # Contract 2006-RSA T -10 2006-RSA T-MONR-1-7Q-003 Section #2 Page 3 of 3 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment General Performance Info: Performance Reporting Frequency for this Subgrant: Quarterly Application Ref # Contract 2006-RSA T -10 2006-RSA T -MON R-1-7Q-003 Section #3 Page 1 of 13 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Federal Purpose Area: 0001 - Residential Substance Abuse Treatment State Purpose Area: 0001 - Residential Substance Abuse Treatment Activity Description: Activity: Cognitive Restructuring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description: Activity: 12-Step Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description: Activity: Aftercare Services Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # Contract 2006-RSA T -10 2006-RSA T -MONR-1-7Q-003 Section #3 Page 2 of 13 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description: Activity: Community Service Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description: Activity: Drug Testing Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description: Activity: Educational Programs Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # Contract 2006-RSA T -10 2006-RSA T-MONR-1-7Q-003 Section #3 Page 3 of 13 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description: Activity: Group Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention ,Center 5525 College Road Key West, FL 33040 Activity Description: Activity: Financial Management Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description: Activity: Impulse/Anger Control Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West I FL 33040 Application Ref # Contract 2006-RSAT-10 2006-RSA T-MONR-1-7Q-003 Section #3 Page 4 of 13 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description: Activity: Job Placement Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description: Activity: Leadership Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description: Activity: Individual Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # Contract 2006-RSA T -10 2006-RSA T-MONR-1-7Q-003 Section #3 Page 5 of 13 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description: Activity: Mental Health Counseling Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description: Activity: Mentoring Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description: Activity: Other Drug Treatment Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # Contract 2006-RSA T -10 2006-RSA T -MON R-1-7Q-003 Section #3 Page 6 of 13 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description: Activity: Pharmacotherapy Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description: Activity: Parenting Training Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Activity Description: Activity: Work Activities Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West, FL 33040 Application Ref # Contract 2006-RSA T -10 2006-RSA T-MONR-1-7Q-003 Section #3 Page 7 of 13 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Activity Description: Activity: Therapeutic Community Target Group: Adult Males Geographic Area: State of Florida Location Type: Jail Address(es): Monroe County Detention Center 5525 College Road Key West. FL 33040 Objective: 0001 - To continue to fund previously funded RSAT beds during this grant cycle. Measure: 0001 Specify the number of previously funded RSAT beds continued during this grant cycle. Goal: 0 Objective: 0003 - To enhance RSAT treatment beds previously funded through other sources. Measure: 0003 Specify the number of treatment beds previously funded through other sources to be enhanced with RSAT during this grant cycle. Goal: 0 Objective: 0004 - To maintain adequate sentencing so that a minimum of 6 months and a maximum of 12 months of residential treatment is provided to each participant during this grant cycle. Measure: 0004 State the anticipated average length of stay (in days) for those who will complete the residential program during this grant cycle. Goal: 182 Application Ref # Contract 2006-RSA T -10 2006-RSA T-MONR-1-7Q-003 Section #3 Page 8 of 13 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Objective: 0005 - To provide a minimum of six months and a maximum of 12 months of residential treatment services to each participant during this grant period. Measure: 0005 Specify the number of days residential treatment services are to be provided during the grant period. Goal: 260 Objective: 0006 - To make aftercare treatment available to offenders completing the RSA T program. Measure: 0006 Specify the anticipated number of days aftercare will be provided to offenders completing the RSAT program. Goal: 120 Objective: 0007 - To enroll adult male offenders into the RSAT program during the grant cycle, Measure: 0007 Specify the anticipated number of adult male offenders who will enter the RSAT program during the grant cycle. Goal: 150 Objective: 0011 - To enroll adult male RSAT completions into an aftercare program during this grant cycle. Measure: 0011 Specify the anticipated number of adult male RSAT completions to enter an aftercare program during the grant cycle. Goal: 95 Objective: 0015 - To successfully treat RSAT paticipants enrolled in the residential program during the grant cycle. Measure: 0015 Specify the anticipated number of successful RSAT completions during the grant cycle. Application Ref # Contract 2006-RSA T -10 2006-RSA T-MONR-1-7Q-003 Section #3 Page 9 of 13 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Goal: 100 Objective: 0016 - To maintain records of offenders that dropped out of the residential program during the grant cycle. Measure: 0016 Specify the anticipated number of offenders who will drop out of the residential program during the grant cycle. Goal: 0 Objective: 0017 - To maintain records of offenders that were terminated from the residential program during the grant cycle. Measure: 0017 Specify the anticipated number of offenders who will be terminated from the residential program during the grant cycle. Goal: 0 Objective: 0018 - For RSAT completions to successfully complete the aftercare program. Measure: 0018 Specify the anticipated number of RSAT completions who will successfully complete the aftercare program during the grant cycle. Goal: 47 Objective: 0020 - To maintain a reasonable and consistent average cost per day for the RSAT program during the grant cycle. Measure: 0020 State the anticipated average cost per day for the RSA T prgram during the grant cycle. Goal: 366.30 Objective: 0022 - For RSA T completions to remain drug-free during the residential program. Measure: 0022 Application Ref # Contract 2006-RSAT-10 2006-RSA T -MON R-1-7Q-003 Section #3 Page 10 of 13 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Of the number of RSAT completions, specify the anticipated number who will remain drug-free during the residential program. Goal: 190 Objective: 0025 - To fund RSAT beds during the grant cycle. Measure: 0025 Specify the number of RSA T beds to be funded during this grant cycle. Goal: 50 Objective: 0026 - To keep RSAT participants separate and apart from the general population of the facility. Measure: 0026 Specify the manner in which the RSAT participants are to be kept separate and apart from the general population of the facility during the grant cycle. Goal: This will reported on a quarterly basis by the subgrantee. Objective: 0027 - To provide adequate treatment activities to be carried out during the grant period. Measure: 0027 List the treatment activities to be carried out during the grant cycle. Goal: The subgrantee will report ongoing activities on a quarterly basis. Objective: 0028 - To make aftercare treatment available to RSAT completions during the grant cycle. Measure: 0028 Specify the aftercare provider and services to be rendered during the grant cycle. If no aftercare is provided, state the reason. Goal: Please refer to the Project Summary. The subgrantee will report this data on a quarterly basis. Objective: 0029 - To develop criteria to be used to assign offenders to the RSAT program. Application Ref # Contract 2006-RSA T -10 2006-RSA T -MON R-1-7Q-003 Section #3 Page 11 of 13 Application for Funding Assistance _ Florida Department of Law Enforcement Residential Substance Abuse Treatment Measure: 0029 Specify the criteria to be used to assign offenders to the RSA T program during the grant cycle. Goal: The subgrantee will report (quarterly)on its current criteria for admitting RSA T participants into its program. Objective: 0030 - To be in accordance with federal and state licensure laws. Measure: 0030 Specify the entity issuing licensure for RSAT services rendered during the grant cycle. Goal: Any monitoring/auditing performed on the RSA T program for the subgrantee will be reported on a quarterly basis. Objective: 0031 - To maintain notable progress throughout the life of the grant. Measure: 0031 Specify the progress anticipated to occur in the RSA T program during the grant cycle. Goal: Progress made throughout the grant period will be reported on a quarterly basis. Objective: 0032 - To employ an adequate number of sufficiently trained and licensed staff to render RSA T services during the grant cycle. Measure: 0032 Specify the title(s) and anticipated date of hire for each grant funded position to be filled during the grant cycle. Goal: All staffing will be reported on a quarterly basis. Any changes in staffing will also be reported. Objective: 0033 - To perform drug testing of all RSAT participants during the grant cycle. Application Ref # Contract 2006-RSA T -10 2006-RSA T-MONR-1-7Q-003 Section #3 Page 12 of 13 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Application Ref # Contract 2006-RSA T -10 2006-RSA T-MONR-1-7Q-003 Section #3 Page 13 of 13 Application for Funding Assist~nce Florida Department of Law Enforcement Residential Substance Abuse Treatment General Financial Info: Note: All financial remittances will be sent to the Chief Financial Officer of the Subgrantee Organization. Financial Reporting Frequency for this Subgrant: Quarterly Is the subgrantee a state agency?: No SAMAS I Vendor Number: 596000749 Budget: Budget Category Federal Match Salaries and Benefits $50,000.00 $16,667.00 Contractual Services $0.00 $0.00 Expenses $0.00 $0.00 Operating Capital $0,00 $0.00 Outlay Indirect Costs $0.00 $0.00 -- Totals -- $50,000.00 $16,667.00 Percentage 74.99 25.0 Project Generated Income: Total $66,667.00 $0.00 $0.00 $0.00 $0.00 $66,667.00 100.0 Will the project earn project generated income (PGI) ? : No Application Ref # Contract 2006-RSA T -10 2006-RSA T-MONR-1-7Q-003 Section #4 Page 1 of 3 Application for Funding As~istance Florida Department of Law Enforcement Residential Substance Abuse Treatment Budget Narrative: Salaries and Benefits: Substance Abuse Counselor 1,85 FTE 59,152,00 FICA @ ,0765 4,525,00 Health Insurance @ 249,24/month 2,990,00 Total $66,667.00 Match will be provided from the Monroe County Board of County Commissioners Fine and Forfeiture Fund Application Ref # Contract 2006-RSA T -10 2006-RSA T-MONR-1-7Q-003 Section #4 Page 2 of 3 Application for Funding Assistance Florida Department of Law Enforcement Residential Substance Abuse Treatment Section Questions: Identify specific sources of matching funds. Ans: Monroe County Board of County Commissioners Fine and Forfeiture Fund Indicate the Operating Capital Outlay (OCO) dollar threshold established by the subgrantee. Ans: 750 Are indirect costs included in the budget? If so, has a copy of the subgrantee's Indirect Cost Plan approved by the cognizant federal agency, been submitted to the OCJG? Ans: No If a contract for contractual services will be executed by the subgrantee, has a copy been received by the OCJG? Ans: Copies have been provided in prior years, and a copy will be sent with our application. If salaries and benefits are included in the budget, is there a net increase in personnel? Ans: No Will the project earn Program Generated Income? Ans: No Will the applicant be requesting an advance of federal funds? Ans; No Application Ref # Contract 2006-RSA T -10 2006-RSA T-MONR-1-7Q-003 Section #4 Page 3 of 3 StandarctConditions Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section and will become binding upon approval of this subgrant. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed. All persons involved in or having administrative responsibility for the subgrant must read these conditions. This Section must be returned as part of the completed application. Definitions: "Department", unless otherwise stated, refers to the Florida Department of Law Enforcement. "Recipient" refers to the governing body of a county that performs criminal justice functions as determined by the U.S, Secretary of the Interior, and includes an "Implementing Agency" which is a subordinate agency of a county or an agency under the direction of an elected official (for example, Sheriff). 1. Reports A. Project Progress Reports: Regardless of whether project activities occur or not, the recipient must submit Quarterly Project Progress Reports to the Office of Criminal Justice Grants (OCJG) by February 1, May 1, August 1, and November 1 covering subgrant activities occurring during the previous calendar quarter, In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Progress Reports shall be submitted, B. Financial Reports: (1) The recipient shall have the choice of submitting either Monthly or Quarterly Reimbursement Requests to the OCJG. All Reimbursement Requests are due thirty-one (31) days after the end of the reporting period, A final Reimbursement Request and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to the OCJG within forty- five (45) days of the subgrant end date. Such Reimbursement Requests shall be distinctly identified as "final". (2) Regardless of whether costs are incurred or not, all claims for reimbursement of recipient costs shall be submitted on the Reimbursement Request forms prescribed and provided by the OCJG, A recipient shall submit either monthly or quarterly reimbursement requests in order to report current project costs, Reports are to be submitted even when no reimbursement is being requested. (3) Before the "final" Reimbursement Request will be processed, the recipient must submit to the OCJG all outstanding project performance reports and Section #5 Page I of] 5 must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (4) The recipient shall submit Quarterly Project Generated Income Reports to the OCJG by February 1, May 1, August 1, and November 1, covering subgrant project generated income and expenditures occurring during the previous quarter. C. Other Reports: The recipient shall submit other reports as may be reasonably required by the OCJG. 2. Fiscal Control and Fund Accounting Procedures A. The recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non- federal expenditures, All funds spent on this project shall be disbursed according to provisions of the project budget as approved by the OCJG, B. All expenditures and cost accounting of funds shall conform to the requirements of the Office of Justice Programs' Financial Guide, U.S, Department of Justice Common Rule for State and Local Governments, and those specified in the federal Office of Management and Budget (OMB) Circulars A-21, A-87, A-11 0 or A-102, as applicable, in their entirety. C. All funds not spent according to this agreement shall be subject to repayment by the recipient. 3. Compliance with "Consultant's Competitive Negotiation Act" The recipient, when applicable, agrees to satisfy all requirements provided in Section 287,055, F,S" known as the "Consultant's Competitive Negotiation Act", 4. Approval of Consultant Contracts The OCJG shall review and approve in writing all consultant contracts prior to employment of a consultant. Approval shall be based upon the contract's compliance with requirements found in the Office of Justice Programs' Financial Guide and in applicable state statutes. 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-87, "Cost Principles for State and Local Governments", or OMB's Circular No. A-21, "Cost Principles for Educational Institutions". All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S, OMB's Common Rule for State and Local Section #5 Page 2 of 15 Governments, or OMS Circular No. A-11 0 or A-1 02 as applicable and Florida Law to be eligible for reimbursement. 6. Delegation of Signature Authority V\/hen a chief officer or elected official of a subgrant recipient designates some other staff person signature authority for him/her, 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. 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 ag reement; 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, 8. 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 Section #5 Page 3 of I 5 Operating Capital Outlay or Expense categories or staff positions in the Salaries and Benefits category,) 10. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse recipients for incurred costs is subject to the availability of federal funds authorized under the Residential Substance Abuse Treatment for State Prisoners Formula Grant Program, 11. Procedures for Reimbursement Request All requests for reimbursement of recipient costs shall be submitted on the form prescribed and provided by the Department. A recipient shall submit reimbursement requests on a monthly or quarterly basis, as specified in Section G, Item 1 b of this agreement, in order to report project costs incurred during the specified reporting period, All requests for reimbursement shall be submitted in sufficient detail for proper pre- audit and post-audit. 12.Advance Funding Advance funding is authorized up to twenty-five (25) percent of the federal award for each project according to Section 216,181(15)(b), F,S, and the Office of Justice Programs' Financial Guide, Advance funding shall be provided to a recipient upon a written request to the Department justifying the need for such funds, 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. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the recipient shall send another letter to the OCJG, again explaining reasons for delay and requesting approval of a revised project starting date. Upon receipt of the ninety (90) day letter, the OCJG shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other projects approved by the Department. If warranted by extenuating circumstances, the Department may extend the starting date of the project beyond the ninety (90) day period, but only 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 Section #5 Page 4 of 15 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, 16.0bligation 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 Section #5 Page 5 of J 5 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. 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 ag reement. 21. Audit A. Subgrant recipients that expend $500,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OM B's Circular A-133 and other applicable federal law, The contract for this agreement shall be identified with the subject audit in The Schedule of Federal Financial Assistance. The contract shall be identified as federal funds passed-through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit which meets the requirements of Chapters 11.45 and 215, 97, Florida Statutes; and, Chapters 10.550 and 10,600, Rules of the Florida Auditor General, Section #5 Page 6 of 15 B. A complete audit report which covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to a/l findings, both audit report and management letter findings, Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. C. The subgrant recipient shall have all audits completed by an independent public accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations, D. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. E. Subgrant recipients that expend less than $500,000 in Federal awards during a fiscal year are exempt from the audit requirements of OMB Circular A-133 for that fiscal year. In this case, written notification shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shall be provided to OCJG no later than March 1 following the end of the fiscal year. F. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. G. The completed audit reports should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 22. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the Office of Justice Program's Financial Guide and the federal OMS Circular A-110 or A-102, as applicable, 23. Property Accountability The recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. The recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased Section #5 Page 7 of 15 pursuant to this 9greement according to federal property management standards set forth in the Office of Justice Programs' Financia/ Guide and the federal OMS Circular A-110 or A-102, as applicable. This obligation continues as long as the recipient retains the property, notwithstanding expiration of this agreement. 24. Disputes and Appeals The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The recipient shall proceed diligently with the performance of this agreement according to the Department's decision, If the recipient appeals the Department's decision, it also shall be made in writing within twenty-one (21) calendar days to the Department's agency clerk, The recipient's right to appeal the Department's decision is contained in Chapter 120, F.S., and in procedures set forth in Chapters 28-5 and 9-5, 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." 27. Equal Employment Opportunity (EEO) All recipients are required to comply with statutes that govern 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, which prohibit such discrimination, as follows: No person in any State shall on the grounds of race, color, religion, national origin, sex [or disabilitYJ* 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 #5 Page S of [5 *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) of the Act, 42 US.C. 3783 (a) and CFR Section 42.207 Compliance Information; Title Vlofthe Civil Rights Act of 1964, as amended; and Department of Justice regulation 28 CFR Part 42, Subparts C, 0, E; Reference Title II of the Americans with Disabilities Act and Department of Justice regulation 28 CFR Part 42, Part 35; and Title IX of Education Amendments of 1972 and Department of Justice Regulation 28 CFR Part 54.) 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, The subgrantee will comply and assure the compliance of all contractors, with the non-discrimination requirements of the Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title " of the Americans With Disabilities Act (ADA) (1990) ; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulation, 28 CFR Part 42, Subparts C,D,E and G; and Department of Justice regulation on disability discrimination, 28 CFR Parts 35 and 39, 28. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 29. Certifications Regarding Lobbying; Debarment, Suspension and other Responsibility Matters; and Drug-Free Workplace Requirements Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Part 67, "Government-wide Debarment Section #5 Page 9 of 15 and Suspension (Nonpro-curement) and Government-wide Requirements for Drug- Free Workplace (Grants)," The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 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 in-f1uencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con-nection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative ag reement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this cer-tification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub- recipients shall certify and disclose accordingly, 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part 67, for prospective participants in prrmary 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; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification; and (d) Have not Section #5 Page I 0 of 15 L ' 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; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such convic-tion. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, A TTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D,C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted Section #5 Page] I of 15 (.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), As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. If a state agency, the recipient agrees to comply with Section 319 of Public Law 101-121 setforth in "New Restrictions on Lobbying; Interim Final Rule," published in the February 26, 1990, Federal Register. Each person shall file the most current edition of this Certification And Disclosure Form, if applicable, with each submission that initiates agency consideration of such person for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal/oan 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, 30. State Restrictions on Lobbying In addition to the provisions contained herein, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. Section #5 Page J 2 of J 5 31. Project Closeout Project funds which have been properly obligated by the end of the subgrant funding period will have forty-five 45) days in which to be liquidated (expended), Any funds not liquidated at the end of the 45-day period will lapse and revert to the Department. A subgrant-funded project will not be closed out until the recipient has satisfied all closeout requirements in one final subgrant closeout package. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Florida Department of Law Enforcement", and mailed directly to the Department at the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, FL 32308 32. Background Check It is strongly recommended that all programs targeting juveniles, implemented by other than a sworn law enforcement officer or program licensed by the Department of Children and Family Services, conduct background checks on all personnel providing direct services. 33. Purchase of American-Made Equipment and Products To the greatest extent practicable, all equipment and products purchased with program funds should be American-made. 34. Eligibility for Employment in the United States The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U,S,C. Section 1324A(e) [Section 274A(e) of the Immigration and Nationality Act ("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. 35. National Environmental Policy Act (NEPA) A. The subgrantee agrees to assist FDLE in complying with the NEPA and other Section #5 Page ] 3 of 15 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) lis.ted on or eligible for listing on the National Register of Historic Places or (b) located within a 1 DO-year flood plain; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments, B. For any of a subgrantee's existing programs or activities that will be funded by these subgrant, the subgrantee, upon specific request from the Department and the Bureau of Justice Assistance (BJA), agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity, 36 Assurance of Political Activities Limitations The subgrantee assures that it will comply with provisions of Federal law which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or part by Federal grants (5USC 1501, et seq,) 37. 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, 38. 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. 39. 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 use 470), Executive Section #5 Page 14 of ] 5 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, 40. 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, 41. "Pay to Stay" The subrecipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail. The subrecipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs, 42. If a Governmental Entity: it will comply with the requirements of the Uniform Relocation Assistance and Real property Acquisitions Act of 1970 (42 U,S.C. ~ 4601 et seq,), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and it will comply with requirements of 5 U,S.C. ~~ 1501-08 and ~~ 7324- 28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. Section #5 Page] 5 of 15 Florida Department of Law Enforcement Residential Substance Abuse Treatment Insert Certifications and Authorizations here, Application Ref # 2006-RSA T -10 ~prti()n i:J.7 P:::on", 1 ()f 1 Residential Substance Abuse Treatment Program Florida Department of Law Enforcement EEO PR0GRAMCERIIFlQATIONLETTERS I CERTlFICA TlON OF COMPLIANCE WITH EQUAL EMPL0 Y/vlENT OPPORTUNITY (EEOj PFWGRAM REQUIREMENTS Each unit of government (subgrant recipient) and each criminal justice agency that is the implementing agency of the subgrant, whether or not it is required to have a written Equal Employment Opportunity (EEO) Program according to provisions of the Federal Omnibus Crime Control and Safe Streets Act of 1968 as amended, must enclose signed EEO Certification Letters with subgrant applications. A copy of the 28 Code of Federal Regulations (CFR) Part 42, Subparts C, 0, E, F, G and H can be accessed at the following internet site: http://www.access.gpo.gov/nara/cfr/cfr-table-search.htm I If you have additional questions, please contact the program staff of the Office of Criminal Justice Grants at 850/410-8700 or SUNCOM 270-8700. ._....._m....._._.._....._........___...._..__._.._...._....._._......._..____.....~~__.._.._._........_.._.....__..._..._.....,_~............___.___._._...______._.......__....._..._..__..._...... Section #7 EEO Certifications Page 1 of 3 Residential Substance Abuse Treatment 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 Subqrant 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): xx 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: Type Name and Title: Dixie M. Spehar, Mayor By J..j4/u/ >n ~dA) Date ""--/1 -05' Name of Subgrantee Organization: Monroe County Board of County Commissioners ...--..........-....--........-.-......-..-.--..-...._.._.....__.___............_.._..........m.mmh.__...____.....___......_..__.._...._....__.._..._.._........__.._...........___._.__ "-..-----se.ct;o;;.#7-EEOC-e-rtificai;o;;~;Page-2'oT:f Residential Substance Abuse Treatment 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): xx 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: Dixie M. Spehar, Mayor By fI_o< >n Y-A.v.J Date: S- -II-() .s- Name of Implementing Agency: Monroe County Board of County Commissioners ... . seciion#7EEOCertifrcaiTons Page'3of 3 Residential Substance Abuse Treatment Program Florida Department of Law Enforcement SOLE SOURCE JUSTIFICATION FOR SERVICES AND EQUIPMENT Type Name: Dixie M. Spehar Type Title: Mayor Si nature: Date: :;--I/-cJS Telephone Number: (305 292-3440 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 Page and attach to the completed response. 1. Briefly describe the proposed contractual services and/or equipment and how it relates to your program. 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, program knowledge and experience of contract personnel. 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. is in the "best interest" of the .'Secilon-#7.Sole-Source-jusiificaiionPa~ie...1.o(1- Sole Source Justification for Services and Equipment Narrative 1, Presently, the Jail Incarceration Program (JIP) 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 art/music 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 July 1, 2005 through June 30, 2006. 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, The Touchstones program will be added in this coming grant year, and is described in the application narrative, 5, 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, Florida Department of Law Enforcement Residential Substance Abuse Treatment In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duty authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: OJ / ~ kl LA.h1cfJ.v Typed Name and Title: Date: 7.-~5~05 Typed Name of Subgrant Recipient: Monroe County Board of County Commissioners Signature: #<<. m ~.I,uJ Typed Name and Title: Date: 5--' /1- oS Dixie M. Spehar, Mayor Typed Name of Implementing Agency: Monroe County Board of County Commissioners Signature: ,( ~ m ~6d.J Typed Name and Title: Dixie M. Spehar, Mayor Date: S- 11- 05- ^............I:.....__+:~_ r"I_.&J..L "'lA/"'\r"'" nr"""o^-r An