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HomeMy WebLinkAbout2003-127 BOARD OF COUNTY COMMISSIONERS 0 ' 1840125th Street, Vero Beach , Florida 32960- 3365 nI 2, 7 Telephone: 17721567-8000 r� June 3 , 2003oRiO�' Mr . Clayton H . Wilder Community Program Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee , FL 32308 Dear Mr . Wilder : In compliance with State of Florida Rule 11D- 9, F . A . C . , Indian River County approves the distribution of $ 161 , 757 . 00 of Federal Fiscal Year 2003 Byrne Formula Grant Program funds for the following projects within Indian River County : Subgrantee : Title of Project Dollar Amount Indian River Count Federal Funds Indian River County Multi -Agency Drug Enforcement Unit $ 92 , 451 Board of County Commissioners ( M . A . C . E . ) Indian River County Board of County Commissioners PREVENT — Substance Abuse Council $ 53 , 131 Indian River County Substance Abuse Council of $ 16 , 175 Board of County Commissioners Indian River County TOTAL $ 1619757 Sincerely , ' Mach , hairman dian River County 40 Board of County Commissioners CROF HOME OF PELICAN ISLAND May 23 , 2003 Mr, Clayton H . Wilder Community Program Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee , FL 32308 Dear Mr. Wilder: In compliance with State of Florida Rule 11D-9, F . A . C . , the City of Sebastian approves the distribution of $ 161 , 757 . 00 of Federal Fiscal Year 2003 Byrne Formula Grant Program funds forthe following projects within Indian River County: Subgrantee : Dollar Amount Ci of Sebastian Title of Project Federal Funds Indian River County Multi-Agency Drug Enforcement Unit $ 92 ,451 Board of County Commissioners ( M . A . C . E . ) Indian River County PREVENT — Substance Abuse Council $ 53 , 131 Board of County Commissioners Indian River County Substance Abuse Council of $ 16 , 175 Board of County Commissioners Indian River County TOTAL L $ 161 , 757 Sincerely, !IV G4 i t a nrj� Walter W . Barnes Mayor, City of Sebastian cc: City Council Members City Manager City Attorney City Clerk r VICE MAYOR: JOHN A. KLEIN . OF d COUNCIL: 6001 NORTH A - 1 -A , INDIAN RIVER SHORES , FLORIDA 32963 WILLIAM H. AHRENS 1' ✓ ' ( 772 ) 231 - 1771 FAX ( 772 ) 231 -4348 TOWN MANAGER : ROBERT CBRADSHAW May 27 , 2003 Clayton Wilder Community Program Administrator Office of Departmentof Law Enforcement 2331 Phillips • • • • Tallahassee , FL 32308 Dear Wilder: In compliance with State of Florida Rule I I D - 9 , F . A . C . , the Town of Indian River Shores approves the distribution of $ 161 , 757 . 00 of Federal Fiscal ' Year 2003 Byrne Forinula Grant Program funds for the following projects within Indian River County: Subgrantee : • • • • IndianTown of Indian River Shores Title of Proiect (Federal Funds ) River County • • i 51 Board • • unty Commissioners RiverIndian CountyPREVENT - Substance Abuse 531131 BoardBoard of County Commissioners Council Indian River County Substance Abuse Council of 16 ) 175 of • Tndian River TOTALissioners Thomas0000 • • " Mayor Town of • • River Shores "Bob" e Cit Robert C . Bob Baker Deborah C . Krages oe Mayor City Clerk John V. LittleNV Larry W. Napier, C . G.F. O. Administrative Assistant11 e ; mere Director of Finance and Accounting May 23 , 2003 Mr . Clayton H . Wilder Community Program Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee , FL 32308 Dear Mr . Wilder: In compliance with State of Florida Rule IID-9 , F . A . C . , the City of Fellsmere approves the distribution of $ 161 , 757 . 00 of Federal Fiscal Year 2003 Byrne Formula Grant Program funds for the following projects within Indian River County : Subgrantee : Title of Project Dollar Amount City of Fellsmere Federal Funds Indian River County Multi -Agency Drug Enforcement Unit $ 92 , 451 Board of County Commissioners ( M . A . C . E . ) Indian River County Board of County Commissioners PREVENT — Substance Abuse Council $ 53 , 131 Indian River County Substance Abuse Council of $ 16 , 175 Board of County Commissioners Indian River County TOTAL $ 161 , 757 Sincerely , R ert C . Baker Mayor 21 South Cypress St . Fellsmere , Florida 32948 - 6714 • Telephone : ( 772) 571 - 0116 • Fax ( 772) 571 - 1901 Email - fellsmer@bellsouth . net May 27 03 12 : 40p Town of Orchid 772 589 2826 p . 1 `7 w TOWN OF ORCHID May 27 , 2003 Mr . Clayton H . Wilder Community Program Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee . FL 32308 Dear Mr . Wilder: In compliance with State of Florida Rule 11D- 9 , F . A . C . , the Town of Orchid approves the distribution of $ 161 , 757 . 00 of Federal Fiscal Year 2003 Byrne Formula Grant Program funds for the following protects within Indian River County : Subgrantee : Dollar Amount Title of Project Federal Funds Town of Orchid -- Indian River County Multi -Agency Drug Enforcement Unit $92 , 451 Board of County Commissioners (M . A . C . E . } Indian River County PREVENT — Substance Abuse Council $53 , 131 Board of County Commissioners Indian River County Substance Abuse Council of $ 161175 Board of County Commissioners ; Indian River County , TOTAL =$ 161 , 757 Sincerely, C . Warren Crandall Mayor , Town of Orchid 9955 Hlciiwm AIA • Or<a-nn , F1. 3296 .E -9428 PiwNF : 772 . 589 . 6100 • FAX 772 . 1; 89 . 2826 05 / 27 / 2003 10 : 16 5619784790 CIT`.' Or VERO CLERKS PAGE 02 ; . . M City of Vero ,beach. 1053 - 20th PLACE - P. O. BOX 1389 VERO BEACH, FLORIDA - 329614389 µ. Riephone. (561) 9784700 Fax: (561) 97&4790 OFFICE OF THE MAYOR May 23 , 2003 Mi. Clayton; H. Wilder Community Program Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331. Phillips Road Tallahassee, Florida 32348 Dear Mr. Wilder : In compliance with State of Florida Rule 11 D-9, FAC . , the City of Vero Beach approves the distribution of $ 161 , 757 . 00 of Federal Fiscal Year 2003 Byrne Formula Grant Program funds for the following projects within Indian River County: Subgrantee Title ofProject Dollar Airnurlt (Federal Funds) Indian River City Multi-A eepcy 13n>te Enfoxmment Unit $92,451 Board of Caunty Coxnmdtssioners (M �.. C.E. 1 Indian River C20V PREVENT - � bsm= Abuse Council $53131 Bond of bgnty Commissioners Indian F ivew County Substance Abuse Council of $ 164175 Board of County Cotta ssioners Indian River CquM TOTAL : 161 . 757 Sincerely; waQ'z' S dra L . Bowden,, Mayor City of Vero Beach SLB/sp r BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960-3365 G Telephone: (772 ) 567-8000 June 3 , 2003 �LORIOp' Mr . Clayton H . Wilder Community Program Administrator Office of Criminal Justice Grants Department of Law Enforcement 2331 Phillips Road Tallahassee , FL 32308 Dear Mr . Wilder : In compliance with State of Florida Rule 11D-9, F . A . C . , Indian River County approves the distribution of $ 161 , 757 . 00 of Federal Fiscal Year 2003 Byrne Formula Grant Program funds for the following projects within Indian River County : Subgrantee : Dollar Amount Indian River Count Title of Project Federal Funds Indian River County Multi -Agency Drug Enforcement Unit $ 92 , 451 Board of County Commissioners ( M . A . C . E . ) Indian River County PREVENT — Substance Abuse Council $ 53 , 131 Board of County Commissioners Indian River County Substance Abuse Council of $ 16 , 175 Board of County Commissioners Indian River County TOTAL $ 161 , 757 Sincerely , Kenneth R . Macht , Chairman Indian River County Board of County Commissioners Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program] Please read instructions before completing this application . • The term "Department" , unless otherwise stated , refers to the Department of Law Enforcement. • The term "OCJG" refers to the Office of Criminal Justice Grants . • The term "subgrant recipient" or "subgrantee" refers to the governing body of a city, county, state agency, or an Indian Tribe that performs criminal justice functions as determined by the U . S . Secretary of the Interior. • The term "implementing agency" is a subordinate agency of a city, county , state agency, or Indian Tribe, or an agency under the direction of an elected official (for example , Sheriff or Clerk of the Court) . It may also be an entity eligible to be a subgrantee (ex. City of Live OaK) • Instructions are incorporated in this document by reference . A. Subgrant Data 1 . This section to be completed by Subgrantee 2. This section to be completed b OCJG Continuation of Previous Subgrant? Yes No Project ID# Program Area M CFDA M 16. 579 If Yes , enter CJ Contract # of Previous Subgrant SFY 2003 CJ Contract # SFY 2004 CJ Contract # 2003- CJ — 5A - 10 - 40 - 01 - 140 2004 — CJ - Be Applicant Information 1 . Subgrant Recipient (Subgrantee) Name of Subgrant Recipient (Unit of Government) : Indian River Board of County Commissioners County Name of Chief Elected Official / State Agency Head : Kenneth R. Macht Title : Chairman , Board of County Commissioners Indian River Address : 1840 25th Street Area Code / Phone # 772-567-8000 x1490 City, County , State , Zip Code : Vero Beach , Florida 32960-3365 SUNCOM # 224.1490 E-mail Address : kmacht@ircgov.com Area Code / Fax # 772-770-5334 2. Chief Financial Officer of Subgrant Recipient (Subgrantee) Name of Chief Financial Officer: Edwin Frye County Title : Finance Director Indian River Address : 1840 25th Street Area Code / Phone # 772-567-8000 x1205 City, County, State , Zip Code: Vero Beach , Florida 32960-3365 SUNCOM # 224- 1205 E-mail Address : efry@clerk. indian-river.org Area Code / Fax # 3. Implementing Agency 772-770-5331 Name of Implementing Agency: Indian River County Sherfff's Office Name of Chief Executive Official / State Agency Head / Subgrantee representative County (if a subordinate agency of the subgrant recipient) : Roy Raymond Title : Sheriff, Indian River County Indian River Address : 405541st Avenue Area Code / Phone # 772-569-6700 City, County, State , Zip Code : Vero Beach , Florida 32960 SUNCOM # 234-9404 E-mail Address : rraymond@iresheriff. org Area Code / Fax # 772-569-8144 FDLE Byrne Formula Grant Application Package Grant Application Section ll - Page 1 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Project Director Name of Project Director: Leroy Smith ( Implementing Agency Employee) County Title : Lieutenant Indian River Address : 4055 41st Avenue Area Code / Phone # 772-770-5203 City, County, State , Zip Code : Vero Beach , Florida 32960 SUNCOM # N/A E-mail Address : (smith@ireshedff.org Area Code / Fax # 5. Contact Person 772-569-4520 Name of Contact Person : Colette Heid (if other than Project Director) County Title : Executive Director, Substance Abuse Council Indian River Address : 2501 27th Avenue , Suite A-7 Area Code / Phone # 772-770-4811 City, County, State , Zip Code : Vero Beach , Florida 32960 SUNCOM # N/A E-mail Address : sacirc@bellsouth . net Area Code / Fax # 772-770-4822 6, Person Responsible For Financial Reporting if known Name : Kimberly E . Dean County Title : Intelligence Analyst Indian River Address : 4055 41st Avenue Area Code / Phone # 772470-5200 City, County, State, Zip Code : Vero Beach , FI 32960 SUNCOM # N/A E-mail Address : kdean@ireshedff.org Area Code / Fax # 772-569-4520 7 , Person Responsible For Programmatic Performance Reporting if known Name : Kimberly E . Dean County Title : Intelligence Analyst Indian River Address : 4055418t Avenue Area Code / Phone # 772-770-5200 City, County, State , Zip Code : Vero Beach , Florida 32960 SUNCOM # N/A E-mail Address: kdean(@iresheriff.org Area Code / Fax # 772-569-4520 8 . Service Provider Contact Person Name : Kimberly E . Dean County Title : Intelligence Analyst Indian River Address: 4055 41St Avenue Area Code / Phone # 772-770-5200 City, County, State , Zip Code : Vero Beach , Florida 32960 SUNCOM # N/A E-mail Address : kdeanaa iresheriff orq Area Code / Fax # 772-569-4520 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 2 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program C. Administrative Data 1 , Project Title : Multi-Agency Criminal Enforcement Unit 2 . Identify the year of the project ( I , II , III , etc. ) 3 . Project period Start: October 1 , 2003 End : September 30 , 2004 D . Fiscal Data Remit Warrant to : (This may only be either the individual listed in B2 (Subgrantee CFO) or a designee in their office . If B2 is selected , do not reenter the contact information . This is only needed for designee . B2 X OR DESIGNEE Name : Title : Address : City, State , Zip Phone Number: 2 . Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer urogram? (Reimbursement cannot be remitted to any entity other than the subgrantee . ) Yes X No 3 . Frequency of Fiscal Reporting : Monthly XX Quarterly. 4 . Subgrant Recipient FEID #: 59- 6000674 5 . State Agency SAMAS #: 6 . Project Generated Income (PGI ) : Will the project earn PGI ? (See Section G , Item 9 . ) Yes XX No. 7 , Cash Advance : Will you request an advance? Yes Amount No XX If yes , a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. Amount requested must be justified and accepted by FDLE . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 3 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance ` Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program E . Project Narrative 1 . Problem Identification : Briefly describe a specific problem to be addressed with subgrant funds in terms of Problem Description , Problem Significance and Needs Assessment , as described in the application instructions . Continue narrative on a second page if necessary. Do not exceed two pages . Use a readable size font, pef instructions . PROBLEM IDENTIFICATION Indian River County is located on the Eastern seaboard of Central Florida and in land mass represents 540 square miles . According to the 2000 Census the population of Indian River County is 112 , 947 . This resident population resides primarily in the south , central and northern parts of the county. During the tourist season , the population increases to over 130 , 000 people . The land mass to the west is dedicated to agriculture and the entire eastern coast is shaped by water. These two factors : the undeveloped and isolated land area is ripe for growing and clandestine activity; the avenues for waterway importation and transportation make illicit activity attractive to the element bringing narcotics into our community. The law enforcement community of Indian River County estimates that over 50 percent of all crimes are attributed to drug abuse . Drug arrests continue to increase , for both sale and possession , in the county. Drug arrests for sale and possession of drugs are alarming . Substance abuse continues to be a major problem for Indian River County. New designer drugs , such as ecstasy and G . H . B are becoming available in this county at an alarming rate . Drug offenders are not curtailed by any boundaries ; they cross jurisdictional boundaries every day to sell , buy, or deliver illegal drugs to our citizens , students , and work force . In order to combat the increased drug activity, it is necessary to consolidate our efforts regarding manpower. Disbanding this program would not benefit society, only drug dealers . In 2002 , we saw a dramatic increase in heroin distribution and usage in Indian River County. Six individuals were arrested for Trafficking in Heroin and two individuals were arrested for Possession of Heroin . In 2003 , we assisted in an . investigation in this county that revealed approximately two hundred grams of heroin and two arrests for Trafficking in Heroin . Thus further expressing the fact that heroin is on the rise in Indian River County, FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 4 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2 . Project Description , Briefly describe proposed project activities . Refer to Appendix Il , Part 1 , Pages 1 -3 for a description of eligible project areas ) . You should include project goals , administration , enhancement/expansion , staff, service providers , clients or other participants , equipment , location , and expected project results , as described in the application instructions This section should address the basic points of who , what , when , where , and how. Continue on additional pages if necessary; do not exceed three pages , PROGRAM DESCRIPTION The Multi-Agency Criminal Enforcement Unit ( M . A. C . E . ) Task Force , is comprised of officers from the Indian River County Sheriffs Office , the Vero Beach Police Department, and the Sebastian Police Department. There are eight detectives assigned to the M .A. C . E . Unit. Activities of the Unit are overseen by a coordinating board comprised of the Indian River County Sheriff and Police Chiefs from both Vero Beach and Sebastian Police Departments . The board meets on a quarterly basis and more frequently when necessary. The goal of the task force is to suppress the current level of drug activity throughout Indian River County. This goal is being achieved by consolidating the wide variety of talent, expertise , ideas , and resources of the three member agencies . The combination of these resources , coupled with financial and material resources offered through the grant, has created a motivated , coordinated and cohesive unit dedicated to combating the drug problem . The members of the task force are housed in an off-site location , away from local law enforcement facilities . Members are provided with unmarked vehicles that allow them to blend in with the general population without detection of their official job function . The work area for the task force is equipped with necessary work items ; telephones , computers for report writing and statistical analysis , office supplies , and the funding for confidential informants and drug buys . The basic premise of the M .A. C . E . Unit Task Force role has expanded . The Sheriffs Office currently has a detective assigned to the Drug Enforcement Administration ( D . E .A. ) Regional Task Force . This has allowed us to expand our local investigations . We maintain a close relationship with federal agencies in our area . The members periodically conduct marijuana eradication details with the assistance of the Florida Department of Law Enforcement and the Drug Enforcement Administration , Indian River County's land structure of agricultural acreage makes an enticing target for the illicit growth and cultivation of marijuana . An influx of Texmex Marijuana into this area has allowed us to establish a greater rapport with agencies outside the State of Florida . Various agencies continue to update the M .A. C . E . Unit with information concerning the delivery of multi pound packages of marijuana that are being sent through parcel carriers such as U . P . S . , Federal Express and possibly others . These types of investigations have led to several arrests and seizures of assets belonging to the recipients of the parcels delivered . Without the interaction of the M .A . C . E . Unit , these types of investigation would be difficult to undertake . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 5 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Members of the M .A. C . E . Unit present educational programs to citizens , forums , and will appear on public television to speak about enforcement and prevention . Funded by the M .A. C . E . Unit Project Generated Income ( P . G . I . ) is an adolescent drug survey that is conducted through the Substance Abuse Council . The M .A. C . E . Units primary focus is to concentrate more on long term investigations that may lead to the arrest and apprehension of upper level drug dealers . This effort is enhanced by jointly working with F . D . L . E , and the D . E .A. task force on these types of investigations . In addition to focusing on the upper level drug dealers we are aggressively combating the street level distribution of drugs also . By doing this we hope to severely affect the availability of illegal drugs to the street level dealers for distribution . The M .A. C . E . Unit conducted two Major Drug Investigations involving the use of Electronic Wire Intercepts in 2002 . These investigations were conducted with the Florida Department of Law Enforcement and led to the seizure of large quantities of cocaine and ecstasy. More than fifteen individuals were charged with various drug trafficking statutes . In 2003 , the M .A. C . E . Unit conducted one Electronic Wire Intercept that led to the arrest of approximately seven individuals for sale , possession and or trafficking cocaine . In the upcoming grant year, this unit will continue to concentrate on combating and suppressing the efforts of the street level and upper level dealers in Indian River County, FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 6 Rule 11 D-9. 006 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 3 . Program Objectives and Performance Measures : Up to three types of objectives may be included in this section of your subgrant application , i . e . , Uniform Objectives , Project= Specific Objectives and Self-Generated Objectives . If you a re proposing a project in one of the Authorized Program Areas with no Uniform Objectives , contact FDLE , Office of Criminal Justice Grants , at (850 ) 410. 8700 for further guidance . Continue on a second page if necessary. a . List the number and title of the Program Area to be addressed . Refer to Appendix II , Part II , for a listing of authorized program areas . (Select only 1 Program Area ) 002 Multi-Jurisdictional Task Force M (Title ) b . List Uniform Objectives first , followed by any other appropriate objectives you may wish to address . If additional objectives are included , please identify whether they are Project Specific or Self-Generated Objectives . Uniform and Project Specific Objectives form the basis for collection of data and quarterly performance reporting . Uniform Objectives ( Mandatory , copy as worded for the program area addressed and include all appropriate questions . Include Objectives from only 1 program area , Objectives from a different program area could be included as Project Specific Objectives ) , 02 . 01 To arrest 180 offenders for the commission of drug offenses . 02 . 02 To seize 2000 grams of powdered or crack cocaine . 02 . 03 To seize 100 Pounds of marijuana , excluding marijuana plants seized through eradication operations . 02 . 04 To seize 150 grams of dangerous drugs , LSD , PCP , barbiturates , amphetamines , etc . 02 . 06 To arrest 10 offenders for cultivation and/or manufacturing of marijuana during the grant period . 02 . 07 To destroy 150 marijuana plants . 02 . 08 To conduct 150 drug related investigations . Project Specific Objectives P0314001 To conduct 20 prescription fraud investigations . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 7 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program P0314002 To arrest 15 offenders for prescription fraud . P0314003 To seize 10 weapons during narcotic investigations . FDLE Byrne Formula Grant Application Package Grant Application Rule 11 D-9. 006 Section 11 - Page 8 OCJG — 005 (rev. 04/04/03 ) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4 , Activity Implementation Schedule . C omplete 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. An "X" has been inserted for reports with mandatory due dates for all projects . Place an additional "X" to indicate times applicable to your project, as illustrated for quarterly program reports . Make a detailed listing of key activities under the heading " Programmatic Activities . " Your Quarterly Performance Reports will be reviewed against this schedule . October 1 2003 — September 30 2004 Subgrant Period (Beginning Date — Ending Date) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul AugSe Submit Financial Reimbursement XX XX XX XX XX XX XX XX XX XX XX XX Requests 03 03 03 04 04 04 04 04 04 04 04 04 Submit Financial Closeout Package XX 03 Submit Quarterly Program Reports XX XX XX XX 03 04 04 04 Submit Quarterly PGI Reports XX XX XX XX (If applicable) 03 04 04 04 Programmatic Activities (Continue on a second page if necessary. ) Be sure to include activities mentioned in the Project Description ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Project Director/Participating Agencies XX xx XX Meeting 03 04 04 04 Arrest Drug Offenders XX XX XX XX XX XX XX XX XX XX XX XX 03 03 03 04 04 04 04 1 04 1 04 04 1 04 04 ' Seize Powdered & Crack Cocaine XX XX XX XX XX XX XX XX XX XX XX XX 03 03 03 04 04 04 04 04 04 04 04 04 Seize Marijuana XX XX XX XX XX XX XXXX XX XX XX 03 03 03 04 04 04 04 04 04 04 04 04 Seize LSD , PCP , Barbiturates , XX XX XX XX XX XX XX XX XX XX XX XX Amphetamines , Ecstasy, Etc. 03 03 03 04 04 04 04 04 04 04 04 04 Seize & Destroy Marijuana Plants XX XX XX XX XX XX XX XX XX XX XX XX 03 03 03 04 04 04 04 04 04 04 104 04 Conduct Marijuana/Crop Manufacturing XX XX XX XX XX XX XX XX XX XX xx XX Impstinatinns M 03 0.04 4 nA n4 nA n4 nA na na nA Conduct Prescription Fraud XX XX )p( XX XX XX XX XX x( XX XX XX Investigations 03 03 03 04 04 04 04 04 04 04 04 04 Seize Weapons during narcotic XX XX XX XX XX XX XX XX XX XX XX XX investigations 03 03 03 04 04 04 04 04 04 04 04 04 FDLE Byrne Fonnula Grant Application Package Grant Application Section 11 - Page 9 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03) Application forFunding DepartmentFlorida ProgramEdward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Projecta , The Budget ' • ule includes five Budget ' • • ries (Salaries and Benefits , • Services , Operating Capital Outlay, • Indirect Costs) and Total ProjectCosts . • tal Local Match must be a minimum of of the To - Budget, I 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 catego • • - - • • - based on • from - Budget - and leave others blank. • Localbe a minimum of percent of - Total Budget. Type or Frint 1ollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Salaries • • •Benefits 1 11 1 11 $ 15 , 000s00 ContractualServices 1 11 1 11 . 1 11 • ' 1 11 $271067s00 18 • : 11 Operating Capital Outlay Indirect Costs fI '"i..F�... ggg • • � i t 1 i t t • i 1 1 • • 1 1 . • 1 1 1 • 1 • 1 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2 . Budget Narrative a . The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits , Contractual Services , Expenses , Operating Capital Outlay (OCO ) , Indirect Costs ) . The Total Project Costs should be included . b . You must describe the line items foreach applicable budget category for which you are requesting subgrant funding . Provide sufficient detail to show cost relationships to project activities . Reimbursements will only be made for items clearly identified in the budget narrative . c. Costs must not be allocated or included as a cost to any other federally financed program . Continue on additional pages if necessary, ) Please respond to the following five items before providing the details of the Budget Narrative , 1 . Source of match must be cash and represent no less than twenty-five (25 ) percent of the project's cost. a . Identify your specific sources of matching funds . The 25 % match will be provided by the Indian River County's General Revenue Fund . b . Is match available at the start of the grant period ? Yes c. If match will be provided from a source other than the subgrant recipient or the implementing agency, how will the match be tracked and verified ? (The subgrantee is responsible for compliance . ) N/A 2 , If Salaries and Benefits are included in the budget as Actual Costs for staff in the implementing agency, is there a net personnel increase , or a continued net personnel increase from the initial year? N/A No : NO If no , please explain . This is a continuation grant , net personnel increase is from the initial year of funding . Yes : If yes , please list number and title of position and type of benefits . 3 . Indicate the OCO threshold established by the subgrantee . $ 500 . 00 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 11 Rule 11 D-9 .006 OCJG — 005 (rev. 04/04/03 ) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Purchasing methods conform to existing laws and regulations . 4 . If Indirect Cost is included in your budget please indicate the basis for the plan (e . g , percent of salaries and benefits ) , and provide documentation of the appropriate approval of this plan . NA 5 . If the budget includes services based on unit costs , be sure to provide a definition and cost for each service as part of the budget narrative for contractual services . Provide the following information . N /A a . What is the basis for the unit costs ? N/A b . How recently was the basis established or updated ? N/A Budget Narrative Salaries and Benefits ( overtime with related benefits for only nine M .A. C . E . Unit personnel ) . ( $ 11 ,250 . 00 Salaries $ 3 , 750 . 00 Benefits ) Total Salaries and Benefits . $ 151000 . 00 EXPENSES 2003 =2004 LEASE VEHICLES $441940 . 00 FACILITY EXPENSES $ 31000 .00 COMMUNICATIONS $ 169491 . 00 PROJECT EXPENSES $41000 . 00 TRAVEL & PROFESSIONAL DEVELOPMENT $ 13 , 989 .00 OFFICE RENT $25 , 848 . 00 Total Expenses $ 108 ,268 . 00 TOTAL BUDGET $ 123 , 268 . 00 FDLE Byrne Formula Grant Application Package Grant Application Rule 11 D-9.006 Section H - Page 12 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program G. Conditions of Acceptance and 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 and termination of the project, as specified in item 16 of this section . 1 . All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U . S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and Byrne Program Guidance Document as well as Florida laws and regulations including the Florida Administrative Code Chapter 11 D-9 , Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program, 2 . Allowable Costs a . Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U . S . Department of Justice Common Rule for State And Local Governments and federal OMB CircularA-87, "Cost Principles for State Local and Indian Tribal Governments" , or OMB Circular A-2 1, "Cost Principles for Educational Institutions ". b . All procedures employed in the use of federal funds for any procurement shall be according to U . S . Department of Justice Common Rule for State and Local Governments, or OMB CircularA- 110 and Florida law to be eligible for reimbursement. 3 . Reports a. Project Performance Reports ( 1 ) Reporting Time Frames : The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1 , May 1 , August 1 , and within forty-five (45) days after the subgrant termination date . In addition , if the subgrant award period is extended beyond the "original" project period , additional Quarterly Project Performance Reports shall be submitted . Failure to submit Quarterly Performance Reports that are complete , accurate and timely may result in sanctions , as specified in item 16 of Section G , performance of Agreement Provisions . (2) ReportContents : Performance reports must include both required sections , the quantitative response (in response to specific objectives and measures) and the qualitative narrative . The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures , and also identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports ( 1 ) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports ( 1 - 11 ) are due thirty-one (31 ) days after the end of the reporting period . Quarterly Financial Claim Reports ( 1 -3) are due thirty-one (31 ) days after the end of the reporting period . In addition , if the subgrant award period is extended , additional Financial Claim Reports shall be submitted . A final Financial Claim Report and a Criminal Justice Contract (Financial ) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant termination period . Such claim shall be distinctly identified as "final". (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Criminal Justice Grants . A subgrant 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 . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 13 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. (4 ) Before the "final" claim will be processed , the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions . Failure to comply with the above provisions shall result in forfeiture of reimbursement. (5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February 1 , May 1 , August 1 , and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10 , Program Income . ) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG . 4. Fiscal Control and Fund Accounting Procedures a . The subgrant 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 OCJG . b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U . S . Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A -21, A -87, and A- 110, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. 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 . 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period . Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216 . 181 ( 16)(b), Florida Statutes , the OJP Financial Guide, and the U . S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department justifying the need for such funds. This request, including the justification , shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted activities for the period . 8. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds . 9. 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 Department prior to commencement of actual travel. Subgrant recipients shall obtain written approval f rom the Department for reimbursement of training costs and related travel prior to commencement of training , if the specific training was not listed in the approved budget. Subgrant recipients shall obtain written approval from the Department for reimbursement of travel costs for field trips that were not listed in the approved project description and budget. b . The cost of all travel shall be reimbursed according to local regulations , but not in excess of provisions in Section 112 .061 , Florida Statutes . FDLE Byme Formula Grant Application Package Grant Application Rule 11 D-9.006 Section 11 - Page 14 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program c . All bills for any travel expenses shall be submitted according to provisions in Section 112 . 061 , Florida Statutes . 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period , as a direct result of the subgrant award . Program income shall be handled according to the OJP Financial Guide and U .S . Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts , Disbursements , and Operation of The Cash Management Improvement Fund). 11 . Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U .S . Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts . 12. Property Accountability a . The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition . b . The subgrant 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 OJP Financial Guide, U . S . Department of Justice Common Rule for State and Local Governments or the federal OMB CircularA- 110. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13 . 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 OJP Financial Guide, and the U . S . Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A- 110 . 14, Copyright The awarding agency reserves a royalty-free non-exclusive , and irrevocable license to reproduce , publish , or otherwise use , and authorize others to use , for Federal government purposes : a . The copyright in any work developed under an award or subaward , and b . Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Audit a . Subgrant 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 OMB 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 subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11 .45 and 215 . 97, Florida Statutes , and Chapters 10.550 and 10 .600, Rules of the Florida Auditor General . b . A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion , but no later than nine (9) months after the audit period . In order to be complete , the submitted report shall include any management letters issued separately and management's written response to all findings , both audit report and management letter findings . Incomplete audit reports FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 15 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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. d . 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. e. 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. f. Subgrant recipients that expend less than $300 , 000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM CircularA- 133 for that fiscal year. In this case , written notification , which can be in the form of the "Certification of Audit Exemption" form , 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 the Department no later than March 1 following the end of the fiscal year. g . 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. h . The completed audit report or notification of non-applicability should be sent to the following address : Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee , Florida 32308 16. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant 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 subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction . The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction . 17. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award , the subgrant recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date . b . If a project has not begun within ninety (90) days after acceptance of the subgrant award , the subgrant recipient shall send • another letter to OCJG , again explaining the reason for delay and request another revised project starting date . C. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall , at its discretion , unilaterally terminate this agreement and re-obligate subgrant funds to other Department approved projects . The Department, where warranted by extenuating circumstances , may extend the starting date of the project past the ninety (90) day period , but only by formal written amendment to this agreement. 18 . Excusable Delays a . Except with respect to defaults of consultants , the subgrant 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 subgrant recipientto make progress in the execution of work hereunderwhich endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant 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 FDLE Byme Formula Grant Application Package Grant App tion Rule 11 D-9.006 Section // - Page 16 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program control and without the fault or negligence of the subgrant recipient. b . 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 subgrant recipient and consultant, and without fault or negligence of either of them , the subgrant recipient shall not be deemed in default, unless : ( 1 ) Supplies or services to be furnished by the consultant were obtainable from other sources , (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure , and if the Department determines that any failure to perform was occasioned by one or more said causes , the delivery schedule shall be revised accordingly. 19. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrant 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 i nitial contract. O my o ne a xtension of t he contract s hall b e acceptable , unless failure to complete the contract is due to events beyond the control of the contractor. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes . These include , but are not limited to : a . Changes in project activities , target populations , service providers , implementation schedules , designs or research plans set forth in the approved agreement; b . Budget deviations that do not meet the following criterion . That is , a subgrant 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 item ; or, c. Transfers of funds above the ten ( 10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item , i .e . , increasing the quantity of equipment items in Operating Capital Outlay or Expense categories , or staff positions in the Salaries and Benefits category. ) d . Under no circumstances can transfers of funds increase the total budgeted award . 21 . Disputes and Appeals a . 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 subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision . b . If the subgrant recipient appeals the Department's decision , the appeal also shall be made in writing within twenty-one (21 ) calendar days to the Department's clerk (agency clerk) . The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120 , Florida Statutes, and in procedures setforth in Rule 28- 106 . 104 , Florida Administrative Code . Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120 , Florida Statutes , 22 . Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time , a representative of the Department, of the U . S. Department of Justice , or the Auditor General of the State of Florida , have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23 . Access To Records FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 17 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03 ) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program a . The Department of Law Enforcement, the 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 subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide, and the U .S . Department of Justice Common Rule for State and Local Governments. b . The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents , papers , letters , or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3 ) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons . 25. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official , Administrator or Designated Representative who sign Section I . Signature Page , have the authority to request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP Justification forms . The Project Director has authority to submit requests for approval of specific travel, Financial and Performance Reports , with the exception of the Closeout Package , which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee . 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the department a letter or resolution indicating the 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. The letter must also specify the authority being delegated . 27. 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. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435 , Florida Statutes shall apply. a . All positions in programs providing care to children , the developmentally disabled , or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline ; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S . , using the level 2 standards set forth in that chapter. b . All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection , security background investigations shall include, but not be limited to , employment history checks , fingerprinting for all purposes and checks in this subsection , statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation , and may include local criminal records checks through local law enforcement agencies . ( 1 ) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed , shall be dismissed . FDLE Byrne Formula Grant Application Package Grant Application Rule 11 D-9.006 Section 11 - Page 18 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required , the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding , when requested by the employing agency, to the United States Department of Justice for processing . The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints . 29 . Drug Court Projects a . A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined in the U .S . Department of Justice , Office of Justice Programs , Drug Courts Program Office , program guidelines "Defining Drug Courts : The Key Components" , January 1997 . This document can be obtained from FDLE , Office of Criminal Justice Grants , at (850) 410-8700 . b . To ensure more effective management and evaluation of drug court programs , the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation . The data collected must be available to U . S . DOJ and FDLE upon request. 30 . Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U . S . Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction . The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space . 31 . Criminal Intelligence System a. The purpose of the federal regulation p ublished i n 2 8 C FR P art 2 3 - C riminal I ntelligence S ystems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968 , 42 U . S . C. 3701 , et seq . , as amended , use those funds in conformance with the privacy and constitutional rights of individuals . b . The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made . If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria , they must indicate when they plan to come into compliance . Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds . The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system . 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read , understands , and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds . The signed certification must be submitted at the time of grant application . 33 . Equal Employment Opportunity (EEO) a . No person , on the grounds of race , creed , color or national origin shall be excluded from participation in , be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 19 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03 ) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program the Civil Rights Act of 1964 ; Section 504 of the Rehabilitation Act of 1973 , as amended ; Title IX of the Education Amendments of 1972 ; The Age Discrimination Act of 1975 ; and , Department of Justice Non- Discrimination Regulations 28 CFR Part 42, Subparts C , D , E , F , G and H . b . The subgrant recipient and a the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968 , as amended and that they have or have not formulated , implemented and maintained a current EEO Program . Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made . If the subgrant recipient or implementing agency meet Act criteria but have not formulated , implemented and maintained such a current written EEO Program , they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979 , Pub. L. 96- 157 , 42 U .S . C. 3701 , et seq . (Reference Section 803 (a ) of the Act, 42 U .S .C. 3783 (a) and 28 CFR Section 42 .207 Compliance Information). c. Any subgrant recipient or implementing agency receiving a single grant award for $500 ,000 or more OR an aggregate of grant awards for $ 1 , 000 ,000 or more during any 18 month period in federal funds , must have approval of its EEO Plan by the U .S . DOJ , Office for Civil Rights (OCR) . The subgrantee shall submit its EEO Plan to FDLE , for submittal to the U . S . DOJ , OCR for approval . The submission shall be in both paper copy and electronic format. If the U . S. DOJ , OCR has approved an agency's EEO Plan during the two previous years , it is not necessary to submit another EEO Plan . Instead , the subgrantee need only send a copy of its approval letter from the OCR . However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted . d . In the event a Federal or State court of F ederal o r S tate a dministrative a gency m akes o f inding of discrimination after a due process hearing on the grounds of race , color, religion , national origin , sex, or disability against a recipient of funds , the recipient will forward a copy of the finding to the Office for Civil Rights , Office of Justice Programs. 34. Americans with Disabilities Act 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 1 ), state and local government services and transportation (Title I1 ) , public accommodations (Title 111 ) . and telecommunications (Title IV) . 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers , constituting a violation of the employment provisions contained in 8 U . S . C . Section 1324a (e) , Section 274A(e) of the Immigration and Nationality Act ("INA") . The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a . The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee . This applies to the following new activities whether or not they are being specifically funded with these subgrant funds . That is , it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds , ( 1 ) New construction ; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain ; (3 ) A renovation , lease , or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size ; and FDLE Byrne Formula Grant Application Package Grant Application Rule 11 D-9.006 Section ll - Page 20 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (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 subgrants , the subgrantee , upon specific request from the Department and the U .S . Department of Justice , agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non -Procurement, Debarment and Suspension The subgrant 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 subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred , suspended , declared ineligible or is voluntarily excluded from participating in this covered transaction , unless authorized by the Department. 38 . Federal Restrictions on Lobbying a . Each subgrant recipient agrees to comply with 28 CFR Part 69 , "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form , if applicable , with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $ 100 ,000 or more ; or federal loan of $ 150 , 000 or more . b . This certification is a material representation of fact upon which reliance was placed when this agreement was made . Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 ,000 for each failure to file . c. The undersigned certifies , to the best of his or her knowledge and belief, that: ( 1 ) 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. (2) 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 . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 21 Rule 11 D-9. 006 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (3 ) 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 subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 38 of Section G , Conditions of Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. "Pay —to-Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail . Furthermore, no funds m ay b e g iven to I ocal j ails t hat o perate "pay-to-stay" programs . "Local jail", as referenced in this condition , means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers . "Pay-to-stay" programs as referenced in this condition , means a program by which extraordinary services , amenities and/or accommodations , not otherwise available to the general inmate population , may be provided , based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction . 41 . Mitigation of Health , Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition , which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a . General Requirement: The subgrantee agrees to comply with Federal , State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals , equipment, and wastes used in or resulting from the operation of these laboratories . b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification , seizure, or closure of clandestine methamphetamine laboratories can result in adverse health , safety and environmental impacts to ( 1 ) the law enforcement and other governmental personnel involved ; (2) any residents , occupants , users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals , equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore , the subgrantee further agrees that in order to avoid or mitigate the possible adverse health , safety and environmental impacts from any of clandestine methamphetamine operations funded under this award , it will ( 1 ) include the nine, below listed protective measures or components ; (2) provide for their adequate funding to include funding , as necessary, beyond that provided by this award ; and (3 ) implement these protective measures directly throughout the life of the subgrant. In so doing , the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies , contractor or other qualified third party. 1 . Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; 2 . Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories ; 3 . As determined by their specific duties , equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4 . Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 5 . Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site (s) of each seized clandestine laboratory; FDLE Byrne Formula Grant Application Package Grant Application Rule 11 D-9.006 Section Il - Page 22 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 6 . Dispose of the chemicals , equipment, and contaminated materials and wastes removed from the sites o f s eized I aboratories a t p roperly 1 icensed d isposal f acilities o r, w hen a Ilowable , properly licensed recycling facilities ; 7 . Monitor the transport, disposal , and recycling components of subparagraphs 5 . and 6 . immediately above in order to ensure proper compliance ; 8 . Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii ) coordination with the responsible party, property owner, or others to ensure that ant residual contamination is remediated , if necessary, and in accordance with existing State and Federal requirements ; and 9 . Included among the personnel involved in seizing of clandestine methamphetamine laboratories , or have immediate access to , qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site . Response actions should include , at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity , and arranging for any necessary follow-up medical tests , examinations or health care . FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 23 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03) E m O N M V V) C Q 'C c Lm , Fav � o R o c0 U C O h O r 1 V LO 4A Q/ 0 R . N 4A h C 4) E u U Oc X y� N O n 44 rl V > ca 1d d C c wm3 y c = 4) N O C d 4— N N E 4.) Ncu Q' r w C C C S. N 3 a P t O Q = dW N v +• V U W E o ) m crco p = s vJ w E P4 4a LL c W L CDr 4' E � ; >a) 0 G OCL a� O J o R •p c d U a o c 'C m 0 -0 E U O O a cc > Y cd tp Q LL a m y to m ani O •o m .. r a� ciE w a F- a) = o ai o I— a `. L L T cu O (0 0 N O C d as vii c a E E o E a) cn c R v, o �i co s �ri E E L a v E •� o z z m m cu ai c9Co R cmo @ °' a a T rn a �' oa c o :3 tQ c cn �, m _0 m o _ - . .. N r APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ( EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program IMPLEMENTING AGENCY CERTIFICATION I , the undersigned authorized official , certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended , that this Implementing Agency . . . (Select one of the following) : X Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions . I understand that if the Implementing Agency meets these criteria , it must formulate , implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women . I also affirm that the Implementing Agency . . . (Select one of the following) : X Has a Current EEO Plan Does Not Have a Current EEO Plan Is Included in the EEO Plan of the Subgrant Recipient . Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan , federal law requires it to formulate , implement, and maintain such a Plan within 120 days after a grant applica ' n deral assistance is approved or face loss of federal funds . of Implementing gency Authorized Official Type Name : Kenneth R. Macht Name of Subgrant Recipient : Indian River Board of County Commissioners Name of Implementing Agency: Indian River Board of County Commissioners Title : Chairman , Board of County Commissioners Date : June 3 . 2003 FDLE Byrne Formula Grant Application Package EEO Certification Appendix IV — Page 2 of 2 Rule 11 D-9.006 OCJG — 007 (rev. 04/04/03) i APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ( EEO ) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program IMPLEMENTING AGENCY CERTIFICATION I , the undersigned authorized official , certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended , that this Implementing Agency . . . (Select one of the following) : Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions . I understand that if the Implementing Agency meets these criteria , it must formulate , implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women . I also affirm that the Implementing Agency . . . (Select one of the following) : Has a Current EEO Plan Does Not Have a Current EEO Plan . . Is Included in the EEO Plan of the Subgrant Recipient. Has included a copy of the current approval letter from the US DOJ I f urther a ffirm t hat i f t he I mplementing Agency In eets t he A ct c riteria a nd d oes n of h ave a c urrent written EEO Plan , federal law requires it to formulate , implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds . Signature o plementi g gency Authorized Official Type Name : Roy Raymond , Sheriff Name of Subgrant Recipient: Indian River Board of County Commissioners Name of Implementing Agency: Indian River County Sheriff ' s Office Title : Sheriff Date : 5 - 13 - 03 FDLE Byme Formula Grant Application Package EEO Certification Rule 11 D-9 . 006 Appendix /V — Page 2 of 2 OCJG — 007 (rev. 04/04/03) Application for Funding Assistance i 4 Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Please read instructions before completing this application . • The term "Department' , unless otherwise stated , refers to the Department of Law Enforcement. • The term "OCJG" refers to the Office of Criminal Justice Grants . • The term "subgrant recipient' or "subgrantee" refers to the governing body of a city, county, state agency, or an Indian Tribe that performs criminal justice functions as determined by the U .S. Secretary of the Interior. • The term "implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency under the direction of an elected official (for example , Sheriff or Clerk of the Court). It may also be an entity eligible to be a subgrantee (ex. City of Live OaK) • Instructions are incorporated in this document by reference . A Subgrant Data 1 . This section to be completed by Subgrantee 2. This section to be completed bX OCJG Continuation of Previous Subgrant? X Yes No Project ID # Program Area M CFDA M 16.579 If Yes , enter CJ Contract # of Previous Subgrant SFY 2003 CJ Contract # SFY 2004 CJ Contract # 2003- CJ — 5A - 10 - 40 -01 - 141 2004 CJ - - - - B. Applicant Information 1 . Subgrant Recipient (Subgrantee) Name of Subgrant Recipient (Unit of Government) : Indian River Board of County Commissioners County Name of Chief Elected Official / State Agency Head : Kenneth R. Macht Title : Chairman Indian River Address : 1840 25th Street Area Code / Phone # 772-5674000 x 1490 City, County, State , Zip Code : Vero Beach , FI 32960-3365 SUNCOM # 224-1490 E-mail Address : kmacht@ircgov.com Area Code / Fax # 7724704334 2, Chief Financial Officer of Sub rant Recipient (Subgrantee) Name of Chief Financial Officer: Edwin Fry County Title : Finance Director Indian River Address : 1840 25th Street Area Code / Phone # 772467-8000 x 1205 City, County, State , Zip Code: Vero Beach , FI 32960-3365 SUNCOM # 244- 1205 E-mail Address : efry@clerk.indian-dver.org Area Code / Fax # 7724704331 3 . Implementing Agency Name of Implementing Agency: Indian River Board of County Commissioners County Name of Chief Executive Official / State Agency Head / Subgrantee representative Indian River (if a subordinate agency of the subgrant recipient) : James Chandler Title: County Administrator Address: 1840 25th Street Area Code / Phone # 772-567-8000 x 1408 City, County, State , Zip Code: Vero Beach , FI 32960-3365 SUNCOM # 2241408 E-mail Address : jchandier@ircgov.com Area Code / Fax # 772-978-1822 Section - Page 1 of 16 Subgrant Application 4. Project Director Name of Project Director. Jason Broom (implementing Agency Employee) County Title: Budget Manager Indian River Address: 1840 25`" Street Area Code / Phone # 772-567-8000 x 1214 City, County, State, Zip Code: Vero Beach, R 32960-3365 SUNCOM # 224- 1214 E-mail Address: jbrorvn@ircgov.com Area Code / Fax # 5. Contact Person 772-778391 Name of Contact Person: Colette Heid (if other than Project Director) County Title: Executive Director Indian River Address: 2501 27'" Avenue, Suite A-7 Area Code / Phone # 77277041811 City, County, State, Zip Code: Vero Beach, F132960 SUNCOM # E-mail Address: sacirc@belsouth_net Area Code / Fax # 6. Person Responsible For Financial Re ming (if known) 772-774822 Name: Jason Brown County Title: Budget Manager Indian River Address: 1840 25'" Street Area Code / Phone # 772 67-8000 x 1214 City, County, State, Zip Code: Vero Beach, R 32960 -3365 SUNCOM # 224-1214 E-mail Address: jbrown@ircgov.com Area Code / Fax ,# 7. PersonResponsible For Programmatic Performance Reporfing if known. 7727789391 Name: Colette Heid County Title: Executive Director Indian River Address: 250127 Avenue, Suite A-7 Area Code / Phone # 772-770-4811 City, County, State, Zip Code: Vero Beach, F132960 SUNCOM # E-mail Address: saarc@belsouth.net Area Code / Fax # 772-770-4822 8. Service Provider Contact Person Name: Colette Head County Title: Executive Director Indian River Address: 2501 27th Avenue, Suite A-7 Area Code / Phone # 772-770-4811 City, County, State, Zip Code: Vero Beach, R 32960 SUNCOM # E-mal Address: sacirc@beEsouth_net Area Code / Fax # 779.77f Section - Page 2 of 16 C. Administrative Data 1 . Project Title: PREVENT 2. Identify the year of the project (1, 9, M. etc.) IV 3 Project penod Start October 1 , 2DD3 End: September 30, 2003 D. Fiscal Data Remit Warrant to: (This may only be either the individual fisted in B2 (Subgrantee CFO) or a designee in their office. If B2 is selected, do note fee the comae# . This is ordy nem for B2 X OR DESIGNEE Name: Title: Address: City, State, Zip Phone Number. 2. Is the subgranteelDwScipating; in the: State of Flodda Comet's Office electrcmic twmifer Droaram? (Reimbursement cannot be remitted to any entity other bm the subgrantee.) Yes X No 3. Frequency of Fiscal Reporting Monthly.. X Quarterly. 4. Subgrant Recipient FEID #. 5&6000674 5. State Agency SAMAS #. 6. Project Generated Income (PGI): Will the project earn PGI? (See Semon G, Item 9.) Yes No X 7. Cash Advance: Will you request an advance? Yes Amount. No If yes, a letter of request must be mtmritted with the application or pnor to mon of the first claim for reimbursement. Amount requested must be justified and accepted by FDLE. Section - Page 3 of 16 E. Project Narrative 1 . Problem Identification : Briefly describe a specific problem to be addressed with subgrant funds in terms of Problem Description , Problem Significance and Needs Assessment, as described in the application instructions . Continue narrative on a second page if necessary. Do not exceed two pages. Use a readable size font, per instructions. The Substance Abuse Council of Indian River County is seeking funding for the continuation of the PREVENT program and its proposed objectives. Alcohol and drug abuse continues to be the number one problem facing the youth of America. The use of mind altering chemicals has proven to be especially harmful to the adolescent growth and development process. Psychoactive drugs interfere with physical , social and emotional growth during the critical years of adolescent development. An adolescent who uses intoxicants is not only at high risk of becoming drug dependent but is also at an increased risk of dropping out of school , getting involved in crime, attempting suicide, or becoming involved in an assortment of dangerous behaviors. The prevention of adolescent drug and alcohol abuse is most likely to occur when parents, teachers , and other individuals in the community who are part of the youth ' s circle • are well informed of the harmful effects of drugs • recognize behavioral changes that accompany drug use • understand how drug use is encouraged and accepted in the social world of a youth . Another key to successful prevention programming is the direct involvement of youth in planning and implementing of programs. According to the 2001 PRIDE Survey of Indian River County students, IRC students continue to have incidences of substance abuse that are above national averages . Over the 11 years of data gathered, we have seen significant changes in youth usage, but our youth continue to report a high level of availability for alcohol , marijuana and other illegal drugs . Of r through I2 graders, 33% also reported a perceived harm for usage of alcohol as very harmful, but continue to use alcohol at a rate of 51 . 5 % . (PRIDE 2001 ). When comparing the PRIDE Survey to the Florida Substance Abuse Survey ( FSAS ) , we see comparable rates within Indian River County. Reporting levels indicate that Indian River County youth are at the highest category for Binge Drinking, Alcohol use in the past 30 days and Marijuana use in the past 30 days. ( FSAS 2002) Of the same Ph through 12graders, 52% reported marijuana to be very harmful, but 30. 7°x6 of them state they use marijuana . The highest reported rate of usage is with 10th graders with 46. 3% admitting to marijuana use. The same 10graders state that it is very easy to get marijuana. (PRIDE 200 1 ) On the issue of geifing in trouble with the police, of the r through 12'" grade youth who were involved with local law enforcement reported a 73. 5% usage of alcohol and a 56. 6% usage of marijuana . ( PRIDE 2001 ) In addition , 38. 5% never or seldom talk (up from 25. 8 °x6 in 1995) to their parents about the perils of alcohol , tobacco, drugs, HIV, pregnancy, and violence . ( PRIDE 2001 ) Section - Page 4 of 16 threat to the well being of our community and children Juvenile delinquency cases received in Indian River County within the five year period from FY94-95 to FY01 -02 decreased 6 . 2 % from 1031 cases to 967 cases . But during the same time FY 94-95 to FY01 -02 , the number of Indian River County youth charged with misdemeanor drug and alcohol charges has increased by 54 . 3 % from 92 cases 142 cases . (These stats are based upon statistical data collected and reported in the 2001 -02 Florida Profile of Delinquency Cases and Youths Referred Report by the Bureau of Data & Research , Florida Department of Juvenile Justice ) . All of this combined have made it increasingly more important for efforts to focus on behavior strategies and intervention for youth by promoting behavioral change including healthy lifestyles . (i . e . , not using drugs , alcohol , tobacco ; practicing abstinence ; participating in school ; anger control with focus on alternatives to violence ) With substance use/abuse intertwined with so many other high risk behaviors , early intervention must be available to specifically target the prevention education needs of youth . It is no wonder youth may not get needed information . A family' s hectic schedule can make it difficult for parents to hold conversation with their children . Due to hectic lifestyles , parents tend to give rushed , basic lectures , laced with scare tactics when trying to communicate a difficult subject . This in turns , becomes ineffective , with the point of the discussion often missed . It is necessary for a parent to take the time to sit down with a child to discuss these important topics . Before they do though , they must educate themselves in order to deliver correct and accurate information . The PREVENT program attempts to involve youth by having conversations , not lectures , encouraging youth to express thoughts , ideas and feelings about important issues . Even though there are other drug prevention education programs within Indian River County , ie DARE in the 5t' grade and LifeSkills Training Program in the 6 th , 7t' , and 8t' grade , the PREVENT program is not a duplication of services . The PREVENT program is not only a means to collect data , assess needs and interventions , but also allows us to take a good look at youth ' s perception of " risk" . This program is open enough to allow youth to discuss critical issues they are facing in everyday life . PREVENT empowers youth to learn the skills necessary to make smart decision by building protective factors . By providing youth with opportunities for healthy decision making , they can learn to make safe choices . Early intervention can help lessen fears of youth . In turn it teaches youth , if smart decisions are not made , that drugs , alcohol , smoking , violence and sex can be unhealthy . Section - Page 5 of 16 Subgrant Application 2. Project Description : Briefly describe proposed project activities. Refer to Appendix II , Part 1 , Pages 1 -3 for a description of eligible project areas ) . You should include project goals, administration, enhancement/expansion , staff, service providers, clients or other participants, equipment, location, and expected project results, as described in the application instructions This section should address the basic points of who, what, when, where, and how. Continue on additional pages if gecessarydo not exceed three PREVENT combines outreach and group support to reach economically disadvantaged youth . These youth are ages 13- 18; who have repeated failure in school and/or little commitment to school; do not have a supportive environment; and whose lack of decision making skills may lead them to abuse tobacco, alcohol and other drugs. The Council3s mission reads: " The Substance Abuse Council is committed to pmventi addictive, mindaltering substances. " ng the use of illicit drugs and abuse of The Substance Abuse Council , a not-for-profit substance abuse prevention agency, proposes to continue this project through a comprehensive range of substance abuse and educational activities for males and females with substance abuse problems. Daily program services are provided by a full time program coordinator and a licensed mental health counselor. Two different components will constitute the PREVENT program. The components are. as follows: • Crisis Intervention and Counseling • TARGET Troupe participation The first component of the PREVENT program will be comprised of Crisis Intervention/ Counseling. • A total of 75 individuals will receive Crisis Intervention or counseling services. The program will be cyclical in nature, servicing approximately 15 offenders per cycle. Each treatment and education cycle will last for ten (10) weeks. • A total of 25 families will be provided with comprehensive assessments. Evaluation of adolescents identified via psycho-socials comprehensive evaluations will be conducted. Adolescents selected from this population will also be assigned to the Crisis Intervention and Counseling component. Substance abuse counseling and education will consist of a group therapy session a week, and one aftercare session weekly focused on relapse prevention . There will also be family workshops conducted at SAC for family members during the treatment cycle. Once the ten week cycle is completed, Aftercare will be conducted weekly. The Aftercare component is structured to focus on relapse prevention and life skills development. The second component will be Deep Impact- TARGET troupe. The � Deep Impact-TARGET troupe actively develops innovative and high energy skits related to life issues they and their peers are facing. The troupe has created a collections of 35 different skits for performances . The troupe continues to develop skits dealing with issues on substance abuse/use , dieting (anorexia and bulimia), HIV/AIDS, pregnancy and violence. The TARGET troupe members are mentors to other youth, as well as friends, family and neighbors within the community. Participants in the Deep Impact TARGET troupe need not have any previous acting experience, just a desire to participate. In many cases, we find that high risk youth become the best performers. Their presentations via improvisation is not acting, but is real and from the heart. 80% of the youth participating in the TARGET troupe have never had any formal training in acting. The Deep Impact- TARGET program will have two distinct categories. In the first group, the identified population for the Deep Impact- TARGET troupe will be youth to serve as mentors. They will be identified by a multitude of high risk factors , including but not limited to: substance / sem, - Page sof16 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial .State and Local Law Enforcement Assistance Formula Grant Program tobacco abuse , violence , HIV/AIDS , pregnancy, runaways , school dropout or repeat failure in school , repeat juvenile justice offenders, economically disadvantaged and parenting teen-agers. • This mentorship program will continue to recruit 25-35 youth that are multi-cultural , between the ages of 13- 18, male and female. The youth will be identified through schools , Parent Teacher Associations, juvenile detention facilities, court referrals , social services programs , churches , substance abuse programs/treatment centers and individuals . • Only 10% of the youth identified as mentors will not meet the criteria of high-risk youth . The individuals will be student body leaders who will serve as peer role models for high risk youth . These student mentors will be recruited from local community school and Parent Teacher Associations throughout Indian River County. • The project will provide 4 alternative drug free events throughout the program cycle. • The project will provide 48 substance abuse prevention education classes via these Deep Impact-TARGET presentations. • The project will continue to enhance the currently used media package. The second identified group will be the target audience who will be at high-risk youth , 6 through 18 years of age . We foresee that the Deep Impact-TARGET mentors will perform at public schools, community centers, parks , recreation centers, Boys/Giris Club and any other identified place that youth may gather. • The projected audience will be approximately 1 , 000 high risk youth . This program will be available to all of Indian River County. The training for the participants will focus on interpersonal , intra-personal , substance abuse prevention education and improvisational skills. The activities based on these skills will foster team building , brainstorming of problems, creation of realistic scenes around those problems , and preparation of scenes and presentations. Through the interaction, the Deep Impact-TARGET youth have learned to become healthy, centered individuals and in tum , share these skills with audiences in their schools and communities. As the improvisation skits are developed and performed by the troupe , cultural relevance is assured . Participants will also be trained to serve as peer trainers and leaders for the Deep Impact-TARGET program . The troupe will present improvisational scenes to high risk youth audiences. The skits will represent realistic life situations related to tobacco, alcohol , drug use, HIV infection, pregnancy, and violence prevention issues. After the scene is performed, the Deep Impact-TARGET troupe will lead a discussion that facilitates dialogue that increases problem identification , problem solving techniques , and interpersonal skills. Audience participants will be asked to complete an abbreviated knowledge , attitude, practice and belief questionnaire (KAPB) . The recognition of the risk factors affecting lifestyle behaviors and definitions of their effects in the targeted population will provide a basis for developing general themes for the program . This specific information concerning needs will to be included in the intensive training . A knowledge, attitude, practice and belief survey (KAPB) will be administered to participating youth as a baseline and after program completion . Once trained , the Deep Impact-TARGET troupe plan and implement Improvisational scenes to be presented at a minimum of 36 performances during the grant year. An estimated 1 , 000 high risk youth will be impacted by performances. Finally these youth will provide "skits", peer teaching , peer counseling , and positive role models for youth ages 6- 18. The PREVENT program is designed to engage and involve high risk youth from the community so they may gain the needed skills to serve as mentors to other possible high risk adolescents. The primary objection is empowerment. Not only will the youth from the community be empowered through this highly structured program , but this program has FDLE Byrne Formula Grant Apprucafte Package Grant Anwcatfon Section 11 - Page 7 Rule 11 D-9.006 OCJG - 005 (rev. 0404M) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program shown to build self-esteem , ethnic pride , enhance individual strengths , and most important help youth to abstain from negative peer pressures through prevention information . Utilizing the Council's networks to target schools, PTAs , parents , community, churches , health and human service and media agencies to select youth that are at high risk ( have repeated failure in school or little commitment to school, do not have a supportive family environment, demonstrate alienation and rebelliousness , prone to sexual promiscuity, have a favorable attitude towards tobacco, alcohol and other drugs and have friends who use tobacco , alcohol and other drugs) and exhibit other high risk behaviors. Despite juveniles' involvement's in adult behaviors and systems , juveniles are not adults and do not posses the same skills and decision making abilities as adults. Troubled juveniles are often connected to many different systems within our society, increasing the risk that lack of coordination and advocacy will lead to failure for the adolescent. The personnel and volunteers committed to implementing the PREVENT program are equipped with the special skills and knowledge that are necessary to effectively reach the community to ensure coordination of services on the behalf of these youth . PREVENT is a tobacco, alcohol, drug, violence, pregnancy and HIV prevention program that involves : • positive peer pressure and skill building peer teaching • community prevention and information utilization of alternative skills (acting) to build resistance to drug abuse The inclusion of the entire spectrum of individuals representing environmental influences on the health behaviors of study participants (ie . , school , family, church, media) will serve the planning process by providing valuable suggestions from multi-relevant perspectives . It will serve as a pre4rnplementation community education process by providing forums and outlets for informing community opinion leaders about the problems of tobacco, alcohol, and other drug abuse . The overall goal is to decrease the impact and propensity for alcohol and other drug abuse resulting from multiple high risk factors by providing a positive environment enhanced with information and alternatives that may deter drug abuse and the multitude of high risk behaviors. FDLE Byrne Formg►a GrantAppficadon Package Grant A.WicWon Section U - Page 8 Rule 11 D-9.006 OCJG - 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 3. Program Objectives and Performance Measures : Up to three types of objectives may be included in this section of your subgrant application , i . e . , Uniform Objectives , Project-Specific Objectives and Self-Generated Objectives. If you are proposing a project in one of the Authorized Program Areas with no Uniform Objectives, Contact FDLE, Office of Criminal Justice Grants, at (850) 410- 8700 for further guidance . Continue on a second page if necessary. a . List the number and title of the Program Area to be addressed . Refer to Appendix ll , Part II , for a listing of authorized program areas. ( Select only 1 Program Area) 04A Community Crime Prevention (#) (Title) b . List Uniform Objectives first, followed by any other appropriate objectives you may wish to address. If additional objectives are included , please identify whether they are Project Specific or Self- Generated Objectives. Uniform and Project Speck Objectives form the basis for collection of data and quarterly performance reporting . Uniform Obiectives (Mandatory, copy as worded for the program area addressed and include all appropriate questions. Include Objectives from only 1 program area, Objectives from a different program area could be included as Project Specific Objectives) . Provide a specified number of altematinre drug-free events. [Alternative drug-free events would include such things as sporting events, games, field #rips, parties, 04A.01 etc., i.e., any participatory event designed to strengthen the anti-drug message 4 and bond those participating in the event] Present a specified number of crime and substance abuse prevention education 04A.02 classes. 48 04A. 03 Conduct a specified number of life skill development education classes. 24 Conduct a specified number of meetings with community leaders for the purpose of identifying neighborhood problems and developing proposed solutions and 04A.05 support groups: IAc &es under this objective should be reported separately from 6 those that are undertaken in oxgunction with Neighborhood Watch and Business Watch Programs.] 04A10 Develop a specified number of media packages. I Protide a specified number of individualstfamiies with crisis intervention or 04A. 12 counseling services. 55 04A 16 Protide a specified number of families with comprehensive assessments. 25 FDLE Byrne Formula Grant Application Package Grant Application Section 9 - Page 9 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03) Application Funding Assistance Florida Edward Byrne Memorial State 1 Local Law EnforcementFormulastance . • ramram] Ceornplete a series of steps in developing and implementing a substance abusWe education prograrm During this reporting period, • • project substance abuse education module? Part During this penod, did project vYa • . on • '. • _ _ + a . S0. als to cornplement the developnent of substance abuse education modules? Part 3 — Durhg this reporting periocL did project staff work on distributing 04K19 proffxYlional iterris relating to a substance abuse education module? Part 4 — Duling this repoilling period, did project . Iwoon conducting teacher training sessions related to a substance abuse education module? Part 5 — During this TeWting periocL did project staffwork on revievft g&wbg, and distributing literature and information pertinent to a substance abuse education • • Part • During this reporting periocL did project staff work on evaluating a substancer a - education m GmW , : i r f , Rule 11 ".W6 Sec6on 9 mPage10 • Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4 . Activity Implementation Schedule. 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. An 'W has been inserted for reports with mandatory due dates for all projects. Place an additional W to indicate times applicable to your project, as illustrated for quarterly program reports . Make a detailed listing of key activities under the heading "Programmatic Activities. " Your Quartedy Performance Reports will be reviewed against this schedule . October 1 . 2003 — September 30, 2004 Subgrant Period (Beginning Date — Ending Date) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul AugSe Submit Financial Reimbursement X(04) X X X X X X X X X X X Requests Submit Financial Cioseout Package 04) Submit Quarterly Program Reports X X X X (04) (04) (04) (04) Submit Quarterly PGI Reports NA (If applicable) Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Conduct alternative drug free events X X X X Conduct crime and substance abuse X X X X X X X X X X X X prevention education classes Conduct life skills development X X X X X X X X X X X X education classes Conduct meetings with community X X X X X X leaders Coordinate the development and X X X X X X X enhancement iof a media package Provide crisis intervention and X X X X X X X X X X X X counseling Provide comprehensive assessments X X X X X X X X X X X X Develop a substance abuse education X X X X X X X X X X X X module progarn via audiovisual and Conduct training sessions related to X X X X X X substance abuse education module Conduct an evaluation of the substance X X X X abuse education modules FDLE Byrne Formula Grant Apprcatfon Package Grant AppOcaffon section 0 - page 11 Rule 11 D-9.006 OCJG — 005 (rev. 04/04!03) Application Florida Department of Law Enforcement Edward Byrne -Memorial State and Local Law Enforcement Assistance Formula Grant Prog- m - • • • . - • • • • C • . - - • • - • • _ • • - • • - - • - • S • • - • • / • • • • • • • • • • • Budget - • • - • • Salaries • Benefits 1 1 1 Citintractual Services 539130s75 70y84111 Expenses 1 1 1 • • - . • Capital Outlay 1 1 1 Indirect Costs 4 1 N k n • 1 1 1 • • 11 • • • 1 I I 1 I 1 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance F mormula Grant Pro ram 2. Budget Narrative a . The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services , Expenses, Operating Capital Outlay (OCO) , Indirect Costs) , The Total Project Costs should be included . b. You must describe the line items for each applicable budget category for which you are requesting subgrant funding . Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative . c. Costs must not be allocated or included as a cost to any other federally financed program . Continue on additional pages if necessary, ) Please respond to the following five items before providing the details of the Budget Narrative , 1 . Source of match must be cash and represent no less than twenty-five (25) percent of the projects cost. a. Identify your spec sources of matching funds . The twenty five percent match will be provide by Indian River Countys General Revenue Fund . b . Is match available at the start of the grant period? Yes c. If match will be provided from a source other than the subgrant recipient or the implementing agency, how will the match be tracked and verified? (The subgrantee is responsible for compliance.) 2 . If Salaries and Benefits are included in the budget as Actual Costs for staff in the implementing agency, is there a net personnel increase , or a continued net personnel increase from the initial year? No: X If no, please explain . This is a continuation grant. Yes: If yes , please list number and title of position and type of benefits. 3. Indicate the OCO threshold established by the subgrantee. $ 500. 00 4 , If Indirect Cost is included in your budget please indicate the basis for the plan (e . g, percent of salaries and benefits) , and provide documentation of the appropriate approval of this plan . FDLE Byrne Formula Gr" AWIcahm Package Grant Appllcadon Section N - Page 13 Rule 11 D-9.006 OCJG — 005 (rev. 04104/03) Application for 'Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program the appropriate approval of this plan . No indirect included 5 . If the budget includes services based on unit costs , be sure to provide a definition and cost for each service as part of the budget narrative for contractual services . Provide the following information . a . What is the basis for the unit costs ? b . How recently was the basis established or updated ? BUDGET NARRATIVE SALARY Prevention Coordinator 28,460 BENEFITS FICA& Medicare 2 , 177 Health Care 31600 Works Comp 339 6 , 116 TOTAL SALARY & BENEFITS 34,576 Licensed Mental Health Counselor Rate of $60 per hour To provide 110 hours of grant 61600 services TOTAL MENTAL HEALTH 6 ,600 EXPENSES Materials & Supplies 3 ,365 Travel & Conferences (ie PRIDE , FAADA) 1 ,500 Professional Fees , Licenses and Dues 2,500 Postage 600 Pager 120 Phones 3 ,500 Printing 2 500 Rent 6 ,480 Utilities 1 ,500 Insurance 21000 Advertising 1 ,500 Transportation of Youth 16000 Equipment Rental & Repair 19500 Computer 11600 Equipment TOTAL EXPENSES 29 ,665 29,665 TOTAL PROGRAM $70 ,841 FDLE Byrne Formula Grant Application Package Grant Application Section U - Page 14 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram G. Conditions of Acceptance and 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 and termination of the project, as specified in item 16 of this section. 1 . All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) FW;ancia/ Guide and Byme Program Guidance Document as well as Florida laws and regulations including the Florida Administrative Code Chapter 11DQ, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program, 2. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U. S. Department of Justice Common Rule for State And Local Governments and federal OMB CircularA-87, 'Cost Principles for State, Local and Indian Tribal Governments", or OMB Circular A-21, "Cost Principles for Educational institutions". b. Ag procedures employed in the use of federal funds for any procurement shag be according to U .S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110 and Florida law to be eligible for reimbursement 3. Reports a. Project Performance Reports ( 1 ) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1 , May 1 , August 1 , and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "originar' project period, additional Quarterly Project Performance Reports shag be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in Rem 16 of Section G, performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (n response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address aeons being taken to resolve the problems. b. Financial Reports ( 1 ) The subgrant recipient shag have a choice of submitting either a Monthly or a Quarterly Financial Cpm Report to the OCJG. Monthly Financial Claim Reports (1-11 ) are due thirty-one (31 ) days after the end of the reporting period. Quarterly Financial Claim Reports (1 -3) are due thirty-one (31 ) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shag be submitted_ A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shag be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim shag be distinctly identified as "final". (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant 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) AN claims for reimbursement shall be submitted in sufficient detal for proper pre-audd and post- audit FDLE Byrne Formmia Grant Application Packave Grant Application Sscadn i/ - Page 15 Rule 11 D-9.006 OCJG - 005 (rev. 04/04103) Application for Funding Assistance Florida Department of Law Enforcement EEdw:ard:Byme Memorial State and .Local Law Enforcement Assistance .Formula Grant Pro ram (4) Before the 11nar' claim will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement (5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February 1 , May 1 , August 1 , and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income. ) Q Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. 4, Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. AA funds spent on this project shag be disbursed according to provisions of the project budget as approved by OCJG. b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U . S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-110, in their entirety. c. AN funds not spent according to this agreement shall be subject to repayment by the subgrant : recipient 5. 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. 6. Obligation of Subgrant Recipient Funds Subgrant funds shag not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipients project are eligible for reimbursement 7. Advance Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216. 181 (16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Govemments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department justifying the need for such funds. This request, including the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement Justification should address a 30/60/90-Jay need for cash based on the budgeted activities for the period. 8. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds. 9. 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 Department prior to commencement of actual travel. Subgrant recipients shall obtain written approval from the Department for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget Subgrant recipients shall obtain written approval from the Department for reimbursement of travel costs for field trips that were not listed in the approved project description and budget b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061 , Florida Statutes. FDLE Byrne Fornwla Grant Application ftckage Grant Application Secdon 0 - Page 16 Rule 110.9.006 OCJG - 005 (rev. 04104/03) • Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061 , Florida Statutes. 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and U. S. Department of Justice Common Rule for State and Local Govemments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). 11 . Approval of Consultant Contracts The Department shall review and approve in writing all consultant contrails prior to employment of a consultant when their rate exceeds $450 (exduding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contrail`s compliance with requirements found in the OJP Financia! Guide, U.S. Department of Justice Common Rule for State and Local Govemments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property fumished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A-110. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement 13. 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 OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A- 110.110. 14. Copyright The awarding agency reserves a royally-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement 15. Audit a. Subgrant 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 OMB 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 subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11 .45 and 215.97, Roficia Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days atter 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 FDLE Byrne Fotmufa Grant Apprkatfon Package Grant Apprkation Section tr - Page 17 Rule 11 D-9.006 OCJG — 005 (rev. 04M41" Application for Funding Assistance Florida Department of Law Enforcement EEdward:Byme Memorial State and Local Law F-nforcerrient Assistance Formula Grant Pro ram separately and managements written response to all findings, both audit report and management letter findings. Incomplete audit reports wig not be accepted by the Department and will be returned to the subgrant recipient. c. The subgrant recipient shag 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 subgrant recipient shall take appropriate corrective action within sic (6) months of the issue date of the audit report in instances of noncompliance with federal haws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Departrment, or its designee, upon request for a period of three (3) year; from the date the audit report is issued, unless extended in writing by the Department f. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Ci wlw A-133 for that fiscal year. In this case, written notification, which can be in the form of the 'Certification of Audit Exempfion' form, shag be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt This notice shag be provided to the Department no tater than March 1 following the end of the fiscal year. g. If this agreement is dosed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout h. The completed audit report or notification of non-appficabrTity should be sent to the following address. Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 16. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipients 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 subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction . The subgrant recipient shag be paid only for those services satisfactorily performed prior to the effective date of such sanction. 17. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shag send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shag send another letter to OCJG, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shah determine 9 the reason for delay is justified or shag, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement 18. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shah not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers FDIF Byrne Formula Grant Apprkaafta Package Grant AWYcabon Secbm N - Page 18 Rule 1 i D 9.OQ5 OCJG - 005 (rev. 04104/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State .and .Local Law Enforcement Assistance Formula Grant Program such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant 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 subgrant recipient b. 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 subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless. ( 1 ) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. Extension of a Contract for Contractual Services Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes all project budget categories) shag be in writing for a period not to exceed sic (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. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a subgrant 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 item; or, c. Transfers of funds above the ten ( 10) percent cap shall be made only if a revised budget is approved by the Department Transfers do not allow for increasing the quantitative number of items documented in arty approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category ) d. Under no circumstances can transfers of funds increase the total budgeted award. 21 . Disputes and Appeals a. The Department shag make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shag distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision . b. ff the subgrant recipient appeals the Departmer>rs decision, the appeal also shag be made in writing within twenty-one (21 ) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106. 104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and inspection of Work FDLE Byrne Formula Grant Appl Gabon Package Grant Applleabon RSection 1l s, Page 19 Rule 11 D-9.006 OGJG — 005 (rev. 04!04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State .and Local Law Enforcement Assistance Formula Grant Program Conferences may be held at the request of any party to this agreement At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement 23. Access To Records a. The Department of Law Enforcement, the 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 subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide, and the U. S. Department of Justice Common Rule for State and Local Govemments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement 24, Retention of Records The subgrant recipient shah maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign Section I. , Signature Page, have the authority to request changes to the approved agreement The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has authority to submit requests for approval of specific travel, Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for himlher, the chief officer or elected official must submit to the department a letter or resolution indicating the 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. The letter must also specify the authority being delegated. 27. 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 mist be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. Ah positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F. S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment For the purposes of the subsection, security background investigations shall include, but not be limited to, employment History checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law FDLE Byrne Fwmeda Grant Apprkaftw Package Grarrt Appficai§w Section H - Page 20 Rule 11 D-9.0©6 OCJG — 005 (rev_ 041W03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and .Local Law Enforcement Assistance Formula Grant Program Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. ( 1 ) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shag be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shag reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow up data on criminal reci fMsm and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request 30. Overtime for Law Enforcement Personnel Prior to obfigating funds from this award to support overtime by law enforcement officers, the U. S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31 . Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968742 U.S.C. 3701 , et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Skads Act of 1958, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelfigence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Departments approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from FDLE Byrne Formula Grant Application Package Grant Applk adon Section 9 - Page 21 Rule 110.9-006 OCJG — 005 (rev. 04/04103) Application for Funding Assistance Florida Department of Law Enforcement Edward El me Memorial State .and .Local Law Enforcement Assistance Formula Grant program either Federal or matching funds. The signed certification must be submitted at the time of grant application . 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under ,grants awarded pursuant to Title VI of the Citral Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Domination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and a the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968s as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement This certification is a material representation of fact upon which reliance was placed when this agreement was made. if the subgrant recipient or implementing agency meet Act criteria but have not formutated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L 96-1573 42 U.S.C. 3701 , et seq. (Reference Section 803 (a) of the Ad, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $ 1 ,000, 000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U .S. DOJ, Office for Cnnl Rights (OCR). The subgrantee shag submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval The submission shall be in both paper copy and electronic format If the U. S. DOJ, OCR has approved an agency s EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion , national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Pubic Law 101 -336, which prohibits discrimination by pubic and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title 1), state and local government services and transportation (Title 11), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act (`INA'). The Department shag consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contrail by the Department 36. 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 apples 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, FDLE Byrne Formula Grant Application Package Grant Application Rule 1 l D 9.006 Section 11 - Page 22 OCJG — 005 (rev. 04104/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local -Law Enforcement Assistance Formula Grant Program ( 1 ) New construction ; (2) Minor renovation or remodeling of a property either (a) fisted on or eligible for fisting on the National Register of Historic Places or ( b) located within a 100 year flood plain ; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U. S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participants Responsibilfies). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, 'New Restrictions on Lobbying' and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $ 100,000 or more; or federal loan of $ 150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submiission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352 Tft 31, United States Cade. 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 Be. c. The undersigned certifies, to the best of his or her knowledge and belief, that ( 1 ) 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 (2) 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. FDLE Byrne Formula Gram Application Package Gram Application Section p - Page 23 Rule t t D-9.0(36 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Formula Grant Program (3) 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 subgrant recipients shall certify and disclose accordingly. 39, State Restrictions on Lobbying In addition to the provisions contained in Item 38 of Section G. Conditions of Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract 40. "Pay 4o-Stay" Funds from this award may not be used to operate a `pay-to-sW program in any local jail. Furthermore, no funds maybe given to local jails that operate `pay tosW programs. `Local jair, as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. `Pay-m-stay' Programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate Population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 41 . Mitigation of Wealth, Safety and Environmental risks dealing with clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessrnentlimpact statements as required under the National Environmental Policy Act . a. General Requirement The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to ( 1 ) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors -of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest Therefore, the subgrantee further agrees that in order to avoid or mitigate the Possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1 ) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these Protective measures directly throughout the fife of the subgrant In so doin the subgrantee understands that it may implement these protective measures div g. own resources and staff or may secure the qualified services of other agencies,, contractor orr othee of r qualified third party. 1 . Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of dandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment 4. Assign property trained personnel to prepare a comprehensive contamination r dosed laboratory-, report on each FDLP Byme Formula Grant Application Package Grant Apppcabon Rule 11 D-9.0o6 Secliw /! - Page 24 OCJG - 005 (rev. (34104/03) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory, 6 . Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities . or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a dosed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that ant residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and 9. Included among the personnel involved in seizing of clandestine methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any otiender(sy children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taldng children into protective custody, immediately testing them for methamphetamine tobcity, and arranging for any necessary follow-up medical tests, examinations or health care. FDLE Byrne Formula Grant Application Package Grant Application Section 0 - Page 25 Rule t t D-9.006 OCJG — 005 (rev. 04104103) Application • Funding Assistance Florida Department Edward Byrne Memorialand Local Law Enforcement agreement,In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this • _ • understandthe • I • have executed this agreement • • uly • • • • date , • • • below, page ,Corrections on this Strikeovers , whiteout, . . . a .a- .�}�.3?�" '���aux �% '�3;�v' �': h ,3 ' � �.�•nt�, � s.. d5. � ,,` a7 t t ,rji'=M u".y " , 'YM9"2 f "''' ` L �"4 '£ � ,� .2 ,�` ' .� . aS .lCec •fiey Fa q :i .es` ` �«' r'L F sar. a a €` ✓.. y„ 'F. - .�, •t. g` .' Wn Signature : Typed Name and Title :. ClaAon H . Wilder, Communily Pro-gram Administrator • �,� �, � c d •, s .ry �, { f . � i# ,��•^^ix y � ;z�� '3�. 't Ri�t3?: £� T � �'�'�'a *#'" Zc��. -�`'_.M�" si'"�`xTmc :d � .it: Typed Name of grant Recipien ndian R Board of n I Commissioners & c��*r 3�`&t �sF �3.sA .�5� �q'a e„#� 'o`$h e ® '.d � c s���si'�� x��¢'� 3 �k�rr��� `Ena.- ���•�. `-v�� �,«�'s. s s�Rtr. h` A itx �' Fad �- . @' 1 • 4 .e^ r� 't� ° ,"� i � ,W Ls.-0' v� f �y-� '� . � e,'4r �., . � .e ,� . @ t l S ® �} ® 0 • e _ o g, M i����Y..�� ,a9d"���..'*� Ta.�� . Signature : . • Name and Title : Kenneth R . Macht, Chairman • - 1 - 11 RA yn. �+y,�'Y 4 . _ z 'l _9 ..� q d r �=. • « '�, "¢ �y" ' �g'3�.1"aa` *.f}A"F k I `4T '77e � ate*^` #.+ £.i` z n,� won an ISM��y, c. �` � � y ° IXP •}0(5. 1'.�q"�.K"F � }+�yy9v .P 4� 3.�=St^0.l • . - 1 - 11 • . . . • 1 1 - 1 � 1 • 1 APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ( EEO ) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE CERTIFICATION I , the undersigned authorized official , certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended , that the Subgrantee (Subgrant Recipient) . . . (Select one of the following ) : X Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions . I understand that if the Subgrant Recipient meets these criteria , it must formulate , implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women . I also affirm that the Subgrant Recipient . . . (Select one of the following ) : X Has a Current EEO Plan Does Not Have a Current EEO Plan Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Pla ederal law re s it to formulate , implement, and maintain such a Plan within 120 days after ubgr t apple io for deral assistan approved or face loss of federal funds , i ature of Subgrantee Authorized Official Type Name : Kenneth R. Macht Title : Chairman , Board of County ommissioners Subgrant Recipient : Indian River Board of County Commissioners Date : June 3 , 2003 FDLE Byrne Formula Grant Application Package EEO Certification Appendix IV — Page 1 of 2 Rule 11 D-9.006 OCJG — 006 (rev. 04/04/03) �i APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ( EEO ) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram IMPLEMENTING AGENCY CERTIFICATION I , the undersigned authorized official , certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended , that this Implementing Agency . . . (Select one of the following) : X Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions . I understand that if the Implementing Agency meets these criteria , it must formulate , implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women . I also affirm that the Implementing Agency . . . (Select one of the following) : X Has a Current EEO Plan Does Not Have a Current EEO Plan Is Included in the EEO Plan of the Subgrant Recipient. Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan , federal law requires it to formulate , implement , and maintain such a Plan within 120 days afte subgrant appli ion for federal assistance is approved or face loss of federal funds . S nature of Implementing Agency Authorized Official Type Name : Kenneth R . Macht Name of Subgrant Recipient: Indian River Board of County Commissioners Name of Implementing Agency: Indian River Board of County Commissioners Title : Chairman . Board of County Commissioners Date : _ June 3 , 2003 FDLE Byme Formula Grant Application Package EEO Certification Rule 11 D-9.006 Appendix IV- Page 2 of 2 OCJG - 007 (rev. 04/04/03) w Application for funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Please read instructions before completing this application . • The term "Department" , unless otherwise stated , refers to the Department of Law Enforcement. • The term "OCJG" refers to the Office of Criminal Justice Grants . • The term "subgrant recipient" or "subgrantee" refers to the governing body of a city, county, state agency, or an Indian Tribe that performs criminal justice functions as determined by the U . S. Secretary of the Interior. • The term "implementing agency' is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency under the direction of an elected official (for example , Sheriff or Clerk of the Court). It may also be an entity eligible to be a subgrantee (ex. City of Live OaK) • Instructions are incorporated in this document by reference. A. Subgrant Data 1 . This section to be completed by Subgrantee 2. This section to be completed by OCJG Continuation of Previous Subgrant? Yes No Project ID # Program Area M CFDA M 16. 579 If Yes , enter CJ Contract # of Previous Subgrant SFY 2003 CJ Contract # SFY 2004 CJ Contract # 2003- CJ — 5A - 10 - 40 -01 - 142 2004 — CJ - - - B. Applicant Information 1 . Subgrant Recipient (Subgrantee) Name of Subgrant Recipient ( Unit of Government) : Indian River Board of County Commissioners County Name of Chief Elected Official / State Agency Head : Kenneth R. Macht Title: Chairman Indian River Address : 1840 251" Street Area Code / Phone # 772-567-8000 x 1490 City, County, State , Zip Code : Vero Beach , FI 32960-3365 SUNCOM # 224- 1490 E-mail Address : kmacht@ircgov.com Area Code / Fax # 7724704334 2. Chief Financial Officer of Subgrant Recipient (Subgrantee) Name of Chief Financial Officer: edwin Fry County Title : Finance Director Indian River Address : 1840 250' Street Area Code / Phone # 772-5674000 x 1205 City, County, State, Zip Code: Vero Beach , FI 32960-3365 SUNCOM # 244- 1205 E-mail Address : efry@cierk.indian-river.org Area Code / Fax # 772-770-5331 3. Implementing Agency Name of Implementing Agency: Indian River Board of County Commissioners County Name of Chief Executive Official / State Agency Head / Subgrantee representative Indian River (if a subordinate agency of the subgrant recipient) : James Chandler Title : County Administrator Address : 1840 25th Street Area Code / Phone # 772-5674000 x 1408 City , County, State , Zip Code : Vero Beach , FI 32960-3365 SUNCOM # 224-1408 E-mail Address: jchandier@ircgov.com Area Code / Fax # 772-978-1822 FDLE Byrne Formula Grant Application Package Grant Application Section 9 - Page 1 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03) 4 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 4. Project Director Name of Project Director Jason Brown (Implementing Agency Employee) County Title: Budget Manager Indian River Address: 1840 25"' Street Area Code / Phone # 772-567-SON x 1214 City, County, State, Zip Code: Vero Beach, R 32960-3365 SUNCOM # 224-1214 E-mail Address: jbrown@ircgov.com Area Code ! Fax # 5. Contact Person 772-778-9391 Name of Contact Person: Colette Heid (if other than Project Director) County Title: Executive Director Indian River Address: 2501 27"' Avenue, Suite A-7 Area Code / Phone # 772-770; 11 City, County, State, Zip Code: Vero Beach, Fl 32960 SUNCOM # E-mail Address: sacirc@belsouth. net Area Code / Fax # rName: n Responsible For Financia! Reporting d known 772_770-4822 son Brown County get Manager IndianRiver Address: 1840 25"' Street Area Code ! Phone # 772-5674XW x 1214 City, County, State, Zip Code: Vero Beach, R 32960-3365 SUNCOM # 224-1214 E-mail Address: jbrown@ircgov,com Area Code / Fax # 772-778-9391 r7. Person Res stele FPmatic performance Re ming if knownolette HeidCounty cutive Director Indian River Address: 250127 Avenue, Suite A-7 Area Code / Phone # 772-770-4811 City, County, State, Zip Code: Vero Beach, R 32960 SUNCOM # E-mal Address: sacirc@belsouth.net Area Code / Fax # 8. Service Provider Contact Person 772-770-4822 Name: Colette Heid County Title: Executive Director Indian River Address: 2501 27"' Avenue, Suite A-7 ' Area Code / Phone # 772-770-4811 City, County, State, Zip Code: Vero Beach, Fl 32960 SUNCOM # E-mal Address: sacirc@belsouth. net Area Code / Fax # 772-770-4822 FDLE Byrne Fonnufa Grant appli ation package Grant apprcation •• ^ ^^� Section 0 - Page 2 , 4. . M.7, Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program C. Administrative Data 1 . Project Title: Substance Abuse Administration 2 Identify the year of the project (1, it, III, etc.) 3. Project period Start: October 1 , 2003 End September 30, 2004 D. Fiscal Data Remit Warrant to: (This may only be ether the individual listed in B2 (Subgrantee CFO) or a designee in their office. 9 132 is selected do not reenter the contact information. This is only needed for designee. B2 X OR DESIGNEE Name: Title: Address: City, State, Zip Phone Number. 2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer Program? (Reimbursement cannot be remitted to any entity other than the subgrantee.) Yes X No 3. Frequency of Fiscal Reporting Monthly. X Quarterly. 4. Subgrant Recipient FEID # 59-6000674 5. State Agency SAMAS It 6. Project Generated Income (PGI): Will the project earn PGI? (See Section G, Item 9.) Yes No X 7. Cash Advance: Will you request an advance? Yes Amount No X If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. Amount requested must be justified and accepted by FDLF. FDLE Byrne Formula Grant Applicabon Package Grant Application Section 1/ - Page 3 n. a_ rnnnc nn i+ MC i__. . nA � A1^n % Application for Funding Assistance Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Formula Grant Pr rarn E. Project Narrative 1 . Problem Identification : Briefly describe a specific problem to be addressed with subgrant funds in terms of Problem Description , Problem Significance and Needs Assessment, as described in the application instructions. Continue narrative on a second page if necessary. Do not exceed two pages. Use a readable size font, per instructions. The Substance Abuse Council of Indian River County is seeking funding to continue with the administration and coordination of the Bryne Anti-Drug Grant program in Indian River County. The Council has administered the Bryne Anti- Drug Grant for Indian River County since 1990. All project related goals were met through the grant's tenure. Indian River County continues to experience a high level of drug related activity. The focus of the Council 's Administration component is to provide . a mechanism for identifying gaps in current services and county needs. This mechanism includes the analysis of: • A County wide youth drug assessment survey • A county emergency room drug related admissions • Drug related deaths as reported by the Medical Examiners office • Continued coordination and monitoring of alcohol and other drug abuse efforts within Indian River County The analysis of this information plays an integral part in establishing priority needs and gap analysis within Indian River County. Based upon the most current needs assessment, the following has been established as short and long tens goals for the Council : Short Tenn Goals • Ongoing prevention education specifically geared at new drug trends i . e . : prescription abuse, combining drugs or "rolling' • Community awareness programs geared at different population groups for the need for prevention , treatment and interdiction • Acquisition of funding and development of programs for co-occurring mental health and substance abuse related treatment issues Lonq Term Goal • Establish an adolescent treatment facility within Indian River County By providing monitoring of the new drug trends, alcohol and other drug offenses and the continued coordination of substance abuse prevention and interdiction services the desired project outcomes and community wide needs can be achieved. The Council's mission reads: 'The Substance Abuse Council is committed to preventing the use of illicit drugs and abuse of addictive, mind-altering substances. " FDLE Byme Formula Grant Application Package GrantAPpWication M. A. Section B = Page 4 A Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Project Description : Briefly describe proposed project activities. Refer to Appendix II , Part 1 , Pages 1 -3 for a description of eligible project areas ) . You should include project goals, administration , enhancement/expansion , staff, service providers, clients or other participants, equipment, location, and expected project results , as described in the application instructions This section should address the basic points of who, what, when , where , and how. Continue on additional pages if necessary; do not exceed three pages, Indian River County continues to be plagued by drug related activity. In order for Indian River County to realize its adopted goals and continue to properly coordinate the county' s alcohol and drug abuse efforts, the program must continue to be staffed by a full time person . The Substance Abuse Council of Indian River County has provided the Administration component of the Bryne grant since 1990. The Substance Abuse Council of Indian River County is licensed by the Department of Children and Families under Chapter 6513-30 to provide Substance Abuse Prevention Services for Universal , Selective and Indicated populations . Staff oversees projects funded by the Anti-Drug Abuse grant funds. Staff performs all specific activities related to these funds including : • including quarterly site-visits for program monitoring and monthly evaluation e technical assistance e administration activities related to the monthly and quarterly reporting by projects e coordination of project presentations before the Substance Abuse Council Advisory Board e RFP coordination and funding , recommendation by Advisory Board and County Commission for annual funding process e research and preparation of research papers focusing on the scope of alcohol and drug abuse problems affecting Indian River County Additionally staff provides : e administrative and informational support to the Council e executes the Council's decisions e networks and communicates with other public and private organizations to exchange information e serves to identify community needs via gap analysis and helps to establish priority needs within Indian River County e constructs a data base of relevant information and statistics to ascertain the scope of the drug and alcohol problems in the County e plans public information and other programs to build community acceptance of the Council e prepares grant proposals distributes informational materials such as newsletters brochures and feature articles e attends all Council meetings and other relevant meetings • operates within the annual budget and safeguards all Council assets, prepares reports and conducts all other duties as assigned by the Council . FDLE Byrne Formula Grand Application Package Grant Application Section 9 - Page 5 Application for Funding Assistance Florida Department of Law Enforcement EEdw:ard:Byme Memorial state and Local Law Enforcement Assistance Formula Grant Pro ram The Executive Director has a Master's Degree in Education with a specialty in Environmental Education, is a Florida State CAPP (Certified Addictions Prevention Professional) and has experience in the areas of administration and planning. The Executive Director provides administrative support to the Substance Abuse Council Board and coordinates and monitors the alcohol and drug abuse efforts in the County. Salary and benefits and operating expenses are incurred in order to meet the administrative objectives of this grant. The salary and benefits provided by this grant are partial, with the remainder being funded by a grant from the local United Way, other foundations and donations. FDLE Byme Formula Grant APPIFcagw Package Gmant Applmcabon Section l/ - Page 6 A M A N^l Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 3. Program Objectives and Performance Measures : Up to three types of objectives may be included in this section of your subgrant application , i . e. , Uniform Objectives, Project-Speck Objectives and Self-Generated Objectives. If you are proposing a project in one of the Authorized Program Areas with no Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 410- 8700 for further guidance, Continue on a second page if necessary, a. List the number and title of the Program Area to be addressed . Refer to Appendix II , Part II , for a listing of authorized program areas. ( Select only 1 Program Area) ADM Administration (#) (Title ) b . List Uniform Objectives first, followed by any other appropriate objectives you may wish to address . If additional objectives are included , please identify whether they are Project Specific or Self- Generated Objectives. Uniform and Project Specific Objectives form the basis for collection of data and quarterly performance reporting . Uniform Obiectives (Mandatory, copy as worded for the program area addressed and include all appropriate questions. Include Objectives from only 1 program area, Objectives from a different program area could be included as Project Specific Objectives ) . c >, Conduct a sped number of Substance Abuse Policy Board meetings. ADM. 1 Part 1 — During this reporting period; how many Substance Abuse Policy Board Meetings 12 were conducted? ADM. 2 Write a specified number of issuekesearch papers- 4 Part 1 — Duringthis reporting how man issue / research were written? Conduct a specified number of montoring/coordinaft reviews. ADM. 3 Part 1 — During this reporting period, was a monitorkW000rdmating reviews were 36 conducted? Review a specs number of quarterly performance reports prior to submission bo the state ADMA Administrating Agency. Part 1 — During this reporting period, how many of quarterly performance reports were 9 reviewed prior to submission to the State Administrate Agency .? Review a specified number of financial reports prior to submission to the State Administrating Agency. ADM. 5 Part 1 — During this reporting period, how many financial reports were reviewed prior to 43 submission to the state Administrating Agency ? (Claim reimbursement, financial closeout, or PGI Provide technical assistance to a specified number of local projects. ADM.6 Part 1 — During this reporting period, how many projects were provided technical 12 assistance? in the narrative portion of this reporL briefly describe the technical assistance; FDLE Byme Formula Grant Applicatfon package Grant Application Section ll = Page 7 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant pro ram What was provided — e. g. , assistance in completing daims. How it was provided — e.g., on-site visit vrith " staff. Wh it was ovided , errors found in forms as completed local std. Identify issues of noncompliance in local projects. Part 1 — During thus reporting period, did you identify any issues of noncompliance in local projects? If Yes, use the narrative portion of this report to respond to the issue. ADM. 7 Identify the grant and the issu e. Desch and action you have taken IocaAy to facilitate resolution of the issue. �2 — During this reporting period, did you refer any issues of noncompliance fou in Projects to the State Administrating Age refer If yes, use the narrative Portion of this report to Iden the rant and the issue. FDLE BYme Formula Grant AppOcation !�ackage GrantApplicadon SecSon 11 - Page 8 M /-. . ^ A M AN % r Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram 4 . Activity Implementation Schedule. 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. An "X" has been inserted for reports with mandatory due dates for all projects. Place an additional "X'° to indicate times applicable to your project, as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading "Programmatic Activities . " Your Quarterly Performance Reports will be reviewed against this schedule . October 1 . 2003- September 31 , 2004 Subgrant Period (Beginning Date — Ending Date) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul AugSep Submit Financial Reimbursement X X X X X X X X X X X X Requests (04) Submit Financial Closeout Package X(04) Submit Quarterly Program Reports X X X X (04) (04) (04) (04) Submit And Track approval of MACE X X X Unit's Quarterly PGI Reports X(03) (04) (�) (04) Programmatic Activities (Continue on a second page if necessary) Be sure to include activities mentioned in the Project Description ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Conduct site visits of funded projects X X X X Conduct monthly program and finanaal X X X X X X X X X X X X monitoring of funded programs Coordinate project presentation before X X X X Advisory Board Conduct monthly Policy Board meetings X X X X X X X X X X X X Coordinate and release RFP for next cycle's funding X X X Write research ATOD related papers X X X X Review quarterly performance reports prior to submission to the State X X X X Administration Agency Provide technical assistance to local X X X X X X X X X X X X projects Review financial reports prior to submission to the State Administration X X X X X X X X X X X X ,Agency FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 9 MOOS. 4 • n n nne nn ... n • u. . .n.a. Application for • Assistance Florida Department ProjectEdward Byrne Memorial State and Local Law Enforcement Assistance Formula Gran:tt :Pro:ra:m ] Fe • • Budget1 . • Totala . The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services , Expenses , Operating Capital Outlay, and Indirect Costs) and • Costs , • tal Local Match must • . a minimum of Budget, be Enter the amount of federal , matching , and total funds by budget category that you will use to support project activities. Enter dollar amountsonly • . • categories based • • from • • and leave others blank. • Local must be a minimum of 25 percent of the Total Budget, cc Show all figuresrounded to the next highest • • r • not include u • 1 1 . SalariesType or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank , Budget Category Federal Match Total • Benefits 1 1 1 Contractual Services 11 51392nOO 21o567 ., 00 Expenses1 1 1 Operating Capital • 1 1 1 Indirect Costs 0 0 � ✓r� i ,a2F`5.^�h".�*�z fir,-& #„ t �!` 't+.-+ Totals • 11 5 , 39100 21 y567a00 FDLrvrAnt An tion E Byrne Formula Grant Applicatfon Package Rule 11 D-9.006 Sectron H _ . : • 00504/04/03) Application for Funding Assistance Florida Department of Law Enforcement [:Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Budget Narrative a . The Project Budget Narrative may reflect costs in any of the file budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO) , Indirect Costs) . The Total Project Costs should be included . b. You must describe the line items for each applicable budget category for which you are requesting subgrant funding . Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative . c. Costs must not be allocated or included as a cost to any other federally financed program . Continue on additional pages if necessary.) Please respond to the following five items before providing the details of the Budget Narrative , 1 . Source of match must be cash and represent no less than twenty-five (25) percent of the project's cost. a . Identify your specific sources of matching funds. The twenty-five percent match will be made by Indian River County General Revenue fund . b . Is match available at the start of the grant period? YES c. If match will be provided from a source other than the subgrant recipient or the implementing agency, how will the match be tracked and verified? (The subgrantee is responsible for compliance . ) 2 . If Salaries and Benefits are included in the budget as Actual Costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial year? No : X If no , please explain . This is a continuation grant. The budget includes a continued net personnel increase from the initial year of funding Yes : If yes, please list number and title of position and type of benefits. 3. Indicate the OCO threshold established by the subgrantee . $ 500.00 FDLE Byme Formula Grant Application Package Grant Application Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial state .and Local Law Enforcement Assistance Formula Grant Pro ram 4 . If Indirect Cost is included in your budget please indicate the basis for the plan (e . g . percent of salaries and benefits) , and provide documentation of the appropriate approval of this plan . No indirect cost are associated with this application . This project uses the allowable 10% of the total county allocation for the funding of this project. The requested funds cover approximately 36% of the Executive Director's time and benefits. The Executive Director has a Master's Degree in Education with a specialty in Environmental Education and is a Florida State CAPP (Certified Addictions Prevention Professional) . She has experience in the areas of administration and planning . The Executive Director provides administrative support to the Substance Abuse Council Board and coordinates and monitors the alcohol and drug abuse efforts in the County. Salary and benefits and operating expenses are incurred in order to meet the administrative objectives of this grant. The salary and benefits provided by this grant are partial , with the remainder being funded by a grant from the local United Way, other foundations and donations. Purchasing methods conform to existing laws and regulations. 5. If the budget includes services based on unit costs , be sure to provide a definition and cost for each service as part of the budget narrative for contractual services . Provide the following information. a. What is the basis for the unit costs? NA b. How recently was the basis established or updated? FDLEBYme Formula GaaW AppKcabw package G►aittAppTca6on 0...... 47 f Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Budget Narrative Salary Salary , Substance Abuse Council of IRC ( 1 ) Executive Director Salary of $ 52 , 078 x 35 % of time dedicated to this project $ 189227 Benefits Medical Insurance ($ 300 per month x 12 month = $ 1 , 260 $ 3 , 600 x 35 % FICA & Medicare ( Payroll of $ 18 , 031 x 7 . 65 % ) $ 1 , 394 Retirement ( Payroll of $ 18 , 031 x 3 % ) $ 547 Workers Comp $ 139 TOTAL SALARY AND $21 , 567 BENEFITS FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 12 Rule 11 D-9 .006 OCJG — 005 (rev. 04/04/03) Application for Funding Assistance Florida Department of Law Enforcement [:E:dward:Byme Memorial State and Local Lave Enforcement Assistance Formula Grant Pro ram G. Conditions of Acceptance and 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 wig become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 16 of this section. 1 . All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide and Byrne Program Guidance Document as well as Florida laws and regulations including the Florida Administrative Code Chapter 11 D-9, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program, 2 Allowable Costs a. Allowance for costs incurred under the subgrant shag be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U. S. Department of Justice Common Rule for State And Local Governments and federal OMB CincularA-87, "Cost Principles for State, Local and Indian Tuba/ Governments", or OMB Circular A-21, "Cost Principles for Educational Institutions ' b. AN procedures employed in the use of federal funds for any procurement shag be according to U . S . Department of Justice Common Rule for- State and Local Governments, or OMB Ckcular A- 110 and Florida law to be eligible for reimbursement 3. Reports a. Project Performance Reports ( 1 ) Reporting Time Frames: The subgrant recipient shag submit Quarterly Project Performance Reports to OCJG by February 1 , May 1 , August 1 , and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Performance Reports shag be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16 of Section G. performance of Agreement Provisions. (2) ReportContents: Performance reports must include both required sections, the quantitative response (in response to specific objectives and measures) and the qualitative narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identify problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports ( 1 ) The subgrant recipient shag have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports ( 1 -11 ) are due thirty-one (31 ) days after the end of the reporting period. Quarterly Financial Claim Reports (1 -3) are due thirty-one (31 ) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shag be submitted. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shag be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (2) AN claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant 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) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. FDLE Byrne Formula Grant Apprrcadon Package Grant Application Q....t:.... M 13 . 4 4 f Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (4) Before the 'Ytnar, claim will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement (5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February 1 , May 1 , August 1 , and within fortyfive (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. Ah funds spent on this project shall be disbursed according to provisions of the project budget as approved by OCJG. b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-110, in their entirety. c. Alt funds not spent according to this agreement shall be subject to repayment by the subgrant recipient 5. 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. 6. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant recipient's project are eligible for reimbursement 7. Advance Funding Advance funding may be authorized for up to twenty five (25) percent of the federal award for each project according to Section 216. 181 ( 16xb), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shah be provided to a subgrant recipient upon a written request to the Department justifying the need for such funds. This request, including the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement Justification should address a 30/60190-day need for cash based on the budgeted activities for the period. 8. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds. 9. Travel and Training a. AN travel reimbursement for out-of-state or out-of-grant-specified work area shah be based upon written approval of the Department prior to commencement of actual travel. Subgrant recipients shah obtain written approval from the Department for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget Subgrant recipients shall obtain written approval from the Department for reimbursement of travel costs for field trips that were not listed in the approved project description and budget b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061 , Florida Statutes. c. Ah bills for any travel expenses shall be submitted according to provisions in Section 112. 061 , Florida Statutes. FDLE Byrne Formula Grant Application Package Grant Application r ...�s.... A 0....., 4c Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula GrantPro ram 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shag be handled according to the OJP Financial Guide and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts Disbursements, and Operation of The Cash Management Improvement Fund). 11 , Approval of Consultant Contracts The Department shall review and approve in writing all consultant contrails prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shag be based upon the contracts compliance with requirements found in the OJP Financial Guide, U. S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Departments approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable properly for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shag establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it bt the Department or purchased pursuant tc) this property management standards set forth in the OJP Financial Guide, U. S. Department of JJuu�ce Common federal Rule for State and Local Governments or the federal OMB CircuiarA-110. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement 13. 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 OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110. 14. Copyright The awarding agency reserves a royally-free non-exclusive, and irrevocable license to reproduce, punish, or otherwise use, and authorize others to use, for Federal government purposes; a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subreapient purchases ownership with su under this grant agreement P pportfunded 15. Audit a. Subgrant 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 OMB Circular A-1 33 and other applicable federal law. The contract for this agreement shag 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 Lan, 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 that meets the requirements of Sections 11 .45 and 215. 97, Florida Statutes and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. , b. A complete audit report that 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 atter the audit period. In order complete, the submitted report shag to be include any management letters issued separately and management's will not be accepted by the Department and will be returned to the subgrant recipienwritten response to all findings, both audit report and management letter findings. Incomplete audit reports t C. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA lic Accountant shag be either a Certified Public Accountant or a Licensed Pub FDLE Byrne Formula Grant Appftcatfon P ackage Grant A cation C%..MC. M M...... 4C t Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program d. The subgrant recipient shall take appropriate corrective action within sic (6) months of the issue date of the audit report in instances of noncompliance . with federal laws and regulations. e. 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 f. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM CircularA-133 for that fiscal year. In this case, written notification , which can be in the form of the `Certification of Audit Exemption' form, shag be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt. This notice shag be provided to the Department no later than March 1 following the end of the fiscal year. g . If this agreement is dosed out without an aucK the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout h . The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 16. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipient, the subgrant recipients consultants and suppliers, or both, the Department shag 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 shag notify the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shag be paid only for those services satisfactorily performed prior to the effective date of such sanction. 17. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shag send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shell send another letter to OCJG, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shell, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement 18. Excusable Delays a. Except with respect to defaults of consultants, the subgrant 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 subgrant recipient to make progress in the execution of work hereunderwhich endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient Such causes include, but are not limited to, ads 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 subgrant recipient b. 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 subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shag not be deemed in default, unless: _FDLE Byrne Formula Grant AAA Ohm Grantapplrcatlon �....�:..., n o...... 47 Application for Funding Assistance Florida Department of Law Enforcement [::E:dwa:rdByrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro rare ( 1 ) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and 9 the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shag be revised accordingly. 19. Extension of a Contract for Contractual services Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes all project budget categories) shag be in writing for a period not to exceed sic (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. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shag obtain approval from the Department for major substantive changes. These include, but are not limited to: a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a subgrant 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 item; or, c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e. , increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total budgeted award. 21 . Disputes and Appeals a. The Department shag make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shag distribute its response to all concemed parties. The subgrant recipient shag proceed diligently with the performance of this agreement according to the Departments decision . b. If the subgrant recipient appeals the Departments decision, the appeal also shag be made in writing within twenty-one (21 ) calendar days to the Departments clerk (agency clerk). The subgrant recipients right to appeal the Departments decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106. 104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement 23. Access To Records a. The Department of Law Enforcement, the 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 subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide, and the U. S. Department of FDLE Byrne Formula Grant Appiicaom PWkage Grant APPlrcatron Application for Funding Assistance .Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement 24. Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority Both the Subgrant Recipient Authorizing Oficial or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign Section I. Signature Page, have the authority to request changes to the approved agreement The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has authority to submit requests for approval of specific travel, Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for him/her, the chief officer or elected official must submit to the department a letter or resolution indicating the 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. The letter must also specify the authority being delegated. 27. 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. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions in programs providing care to children, the development* disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotine; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F. S . , using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection , statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through focal law enforcement agencies. ( 1 ) Any perm who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department FDLE Byrne Formula Grant ApplicaSon Package Grant Application Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded by the Byrne Formula Grant Program must contain the 10 key elements outlined in the U. S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components', January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shag colect and maintain follow-up data on criminal recidivism and drug use relapse of program participation . The data collected must be available to U. S. DOJ and FDLE upon request 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U . S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction . The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31 . Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U . S. C . 37011 et seq. , as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Control and Safe Streets Ad of 9968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminallntefgence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Departments approval of the subgrant recipient agreement does not constitute approval of the subgrant- funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the Civil Rights Act of 1964; Section 504 of the Rehabiili ation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C. D, E, F, G and H. b. The subgrant recipient and a the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO FDLE Byrne Fornnda Grant Apprcation An Grant Application Application for Funding Assistance Florida Department of Law Enforcement Edward Syme Memorial State and Local Law Enforcement Assistance Formula Grant Program Program. Submission of this certification is a prerequisite to entering into this agreement This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701 , et seq. (Reference Section 803 (a) of the Act, 42 U . S. C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $ 1 , 000, 000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format If the U . S. DOJ , OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 34. Americans with Disabilities Act 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 11), public accommodations (Title III), and telecommunications (Title M. 35. Immigration and Nationality Act No pubic funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S. C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act (`INA'). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, ( 1 ) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain ; (3) A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants the subgrantee, upon specific request from the Department and the U. S. Department of Justice, agrees to FDLE Byme Formula Grant Application Package Grant Application 0...... 74 Application for Funding Assistance Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participants Responsibilities). These procedures require the subgrant recipient to certify it shaft 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 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, `New Restrictions on Lobbying' and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contrail, grant, or cooperative agreement Of $ 100,000 or more; or federal loan of $ 150,000 or more. b. 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 Sechbri 1352, Tale 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $ 100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that ( 1 ) 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 ban, the entering into of any renewal, amendment; or modification of any federal contract, grant, loan or cooperative agreement (2) 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. FDS Formula GrantAPPlication Package Iry rarrtApp/fcation ` Application for Funding Assistance Florida Department of Law Enforcement Edward B me Memorial State and Local Law Enforcement Assistance Formula Grant Program (3) 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 subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 38 of Section G, Conditions of Acceptance and Agreement the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract 40. " Pay 4omStay" Funds from this award may not be used to operate a "pay-to-stay' program in any local jail. Furthermore, no funds may be given to local jails that operate °pay-to-stay" programs. `Local jal', as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay' programs as referenced in this condition , means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 41 . Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessmentlimpact statements as required under the National Environmental Policy Act a. General Requirement The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine methamphetamine laboratories can result in adverse health , safety and environmental impacts to (1 ) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory, (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will ( 1 ) include the nine, below fisted protective measures or components, (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 1 . Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory, 5 . Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment and contaminated materials and wastes from the site(s) of each seized clandestine laboratory, FDLE Byrne Formula Grant Application Package Grant Application Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 6 . Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at property licensed disposal facilities or, when allowable, property licensed recycling facilities; 7 . Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance, 8 . Have in place and implement an inter-agency agreement or other form of commitment with a responsive State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a dosed clandestine laboratory and (ti) coordination with the responsive party, property owner, or others to ensure that ant residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and 9. Included among the personnel involved in seizing of clandestine methamphetarrrne laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site_ Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. FDLE Byrne Formula Grant App wabon Package Grant Application o....a..., 90 o....., ow Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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. Signature : Typed Name and Title : Clayton H . Wilder , Community Program Administrator Date : Typed Name oubgrant Recipient: Board of Cou o issioners Signat We 00oo Typed Name and Title : Kenneth R. Macht, Chairman Date : June 3 , 2003 Typed Name of I menting Agency : Indian Over Boarder ounty Commissi ers Signature : / Typed Name and Title : Kenneth R. Macht, Chairman Date : June 3 , 2003 FDLE Byrne Formula Grant Application Package Grant Application Section 11 - Page 24 Rule 11 D-9.006 OCJG — 005 (rev. 04/04/03) i APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ( EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE CERTIFICATION I , the undersigned authorized official , certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended , that the Subgrantee ( Subgrant Recipient) . . . (Select one of the following) : X Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions . I understand that if the Subgrant Recipient meets these criteria , it must formulate , implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women . I also affirm that the Subgrant Recipient . . . (Select one of the following) : X Has a Current EEO Plan Does Not Have a Current EEO Plan Has included a copy of the current approval letter from the US DOJ I further affirm at if the Subgrant Recipient meets the Act criteria and does not have a current written EEO PI , e eraI law requir 7 it ulate , implement, and maintain such a Plan within 120 days after subgrant app ' at' n r federal istance is ap ed or face loss of federal funds , 00 04s Uig of Subgrantee Authorized Official Type Name : Kenneth R. Macht Title : Chairman . Board of Countv Commissioners Subgrant Recipient: _Indian River Board of County Commissioners Date : dune 3, 2003 FDLE Byrne Formula Grant Application Package EEO Certification Rule 11 D-9.006 Appendix IV — Page 1 of 2 OCJG — 006 (rev. 04/04/03) i APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY ( EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program IMPLEMENTING AGENCY CERTIFICATION I , the undersigned authorized official , certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended , that this Implementing Agency . . . (Select one of the following) : X Meets Act Criteria Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions . I understand that if the Implementing Agency meets these criteria , it must formulate , implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women . 1 also affirm that the Implementing Agency . . . (Select one of the following) : X Has a Current EEO Plan Does Not Have a Current EEO Plan Is Included in the EEO Plan of the Subgrant Recipient. Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO , federal law requires it to formulate , implement, and maintain such a Plan within 120 days aft subgrant applicati al assistance is a roved or face loss of federal funds . i ature of Implementing Agency Authorized Official Type Name : Kenneth R . Macht Name of Subgrant Recipient : Indian River Board of County Commissioners Name of Implementing Agency: Indian River Board of County Commissioners Title : Chairman . Board of County Commissioners Date : June 3 , 2003 FDLE Byrne Formula Grant Application Package EEO Certification Rule 11 D-9.006 Appendix N — Page 2 of 2 OCJG — 007 (rev. 04/04/03)